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TC Minutes 01-26-19880 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JANUARY 26, 1988 - 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. The meeting was called to order by Mayor Allan Nottingham at 7:37 p.m. A roll call was taken with Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Councilwoman Harrison was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works/Parks and Recreation Larry Brooks, Director of Public Safety Joe Olson, as well as, members of the press and public. The Mayor called for Citizen Input. Mr. Joe Fleming with the Construction Firm of Ringland, Johnson and Crowley, for the Shopping Center approached the Council. Mr. Fleming stated that they would be turning the building over to Wal-Mart next week. Councilman Davis responded to the issue of the limit of the five minute for discussion under the Citizen Input portion of the agenda. He stated that if it was an issue that would warrant more than five minutes, it would be placed on the agenda so that further discussion could take place. There being no further Citizen Input, the Mayor closed the discussion. Second reading of Ordinance No. 88-1, Series of 1988, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO PUBLIC SAFETY. This was a public hearing on the ordinance. The Town Manager reviewed the history of the treatment program of certain species on private and public property. Fie stated that the property owner of Beaver Creek West requested that the Town try to disperse the two flocks of pigeons from his property. He stated that during that process there were three pigeons exterminated. He stated that since that time the Town has received numerous complaints and concerns of the treatment of wildlife in the Town of Avon. • i He stated that from discussions and meetings with the staff, and also the concerned citizens, the staff has drafted a ordinance and a resolution regarding policy and treatment of wildlife in the Avon area. He stated that Ordinance No. 88-1 was created regardina the Richardson's Ground Squirrel. He stated that the Town has been treating the Richardson's Ground Squirrel since 1979-1980. Mr. James stated that the Richardson's Ground Squirrel carry fleas and diseases, which is the reason to control the population of the around squirrel. Mr.James stated that the ordinance addresses more specifics than was addressed in the past, such as, Section 1-C of the Ordinance, which states, "No owner of any lot, block, or parcel of ground within the Town, nor any tenant or agent in charge thereof, shall allow or permit said lot, block, parcel of ground to become or remain infested with Richardson's Ground Squirrels, or Richardson's Ground. Squirrels nests or burrows. For the purpose of this section, "infestion" shall mean the presence of more than one Richardson's Ground Squirrel burrow or nest per nine hundred square feet of ground". Section 1-D of the Ordinance states, "Any person, firm, business, or contractor undertaking to remove, eliminate, or abate any nuisance as provided under this section shall comply with all municipal, state, and federal regulations and laws governing the taking, trapping, killing, and disposal of wildlife and wildlife nests or dens". Mr. James continued, that on the other specific species, the staff developed a resolution in terms of a policy relating to the treatment and control of certain wildlife species in Avon; 1. Unless there is specific legislation for treatment of specific wildlife species on either private property or public property, then the Town will not have the authorization for treatment except for the following: 2. The control and treatment of only specific species authorized by ordinance on ,private land and, skunks, bats, mice, volves, rats, and muskrats; 3. The control and treatment of any of the above species will be done in a most humane way as possible and in accordance with all municipal state, and federal regulations and laws governing the taking, trapping, killing, and disposal of wildlife and wildlife nests and dens. The PRayor entertained a motion to bring this matter to the floor. Councilman Watkins moved approval of Ordinance No. 88-1, Series of 1988 on second reading. The motion was seconded by Councilman Miller. The Mayor opened the meeting for public hearing. Elaine Jaquith approached the Council. She requested that the ordinance be tabled and that her suggestions be placed back into the ordinance, and that all give a little to try and save the wildlife. The Councilmembers asked for her changes. -2- Ms. Jaquith stated that in the resolution the title should be changed. Delete,"of the control of certain animal and". In Section 2, add, "by specific case by case application to the Town Council". She stated, that as far as, the ordinance, she requested alternative methods of disposing of the Richardson's Ground Squirrel. Councilwoman McRory stated that when it comes tq people's health, she would have to agree to the disposing of certain species. Dan Sunday, resident of Eagle Vail, approached the Council. Mr. Sunday asked if there was any attempt in the ordinance to control private applicators other than through existing federal, state and EPA laws. The answer was no. Alisiha Larson, resident of Eagle-Vail, approached the Council. She stated that the ordinance was not clear on whether alternative methods would be used. She felt that in any law, where there was not a priority, or an exact method of dealing with a issue, the easiest way would be taken. She discussed the birth control method, and how rodents could be controlled. She stated that the law does not protect the wildlife, but leaves an option. She asked what effect poisoning of the ground squirrel had on other wildlife. The Town Manager stated that if a ground squirrel was killed with the poison, and a dog or cat or bird was to pick up the carcass, it would not harm the animals or birds. At that point, Larry Brooks explained the treatment and control the Town used. Scott Jaquith, resident of Avon, approached the Council. He stated that he agreed with Ms. Larson. He stated that we should go out of our way to try to prevent the poisoning of animals at all costs, that they should be trapped in cages, and released in another location. Glynda Sullivan, resident of Avon, approached the Council. She stated that her two children play in the fields around Avon, and asked what would happen if they were to pick up the poison. She asked why the Richardson's Ground Squirrel had to suffer. Councilman Davis stated that the Council's job was to try in a effective way to protect the residents from any public nuisances. The Mayor closed the public hearing, and offered this matter to the Council for discussion. Councilman Watkins felt the ordinance was a good compromise, that it handles the problem that was first presented to the Council regarding the poisoning of the pigeons, but it also allows the Town to take care of the problems that it has, which is the Richardson's Ground Squirrel. He felt that Ms. Jaquith should be pleased with the results. The Mayor entertained a roll call. Those Councilmembers voting aye were Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. -3- 0 Resolution No. 88-1, Series of 1988, A RESOLUTION SETTING FORTH THE TOWN COUNCIL OF THE TOWN OF AOVN'S POLICY REGARDING PROTECTION OF THE CONTROL OF CERTAIN ANIMALS AND WILDLIFE The Mayor stated that the Town Manager had reviewed this resolution along with the above ordinance. He offered the resolution to the Council for action. Councilman Connell moved approval of Resolution No. 88-1, Series of 1988. The motion was seconded by Councilwoman McRory and was unanimously carried. Resolution No. 88-4, Series of 1988, A RESOLUTION OF THE TOWN OF AVON, COLORADO, AMENDING PENSION AND DEFERRED COMPENSATION ARRANGEMENTS WITH ICMA AND ADOPTING PENSION AND DEFERRED COMPENSATION PLANS FOR THE GENERAL EMPLOYEES OF THE TOWN OF AVON The Town Manager stated that last year the Police Department changed its pension plan from ICMA to Pension Management Associates. Basically the town employees agreed to follow in the same footsteps. By majority vote, the town employees decided to withdraw from ICMA and go with the Nexus Financial Pension Plan. This resolution makes that change over. Mr. James recommended approval of Resolution No. 88-4, and inserting the date that the resolution was presented to the Council, and in paragraph 3-1, third line, change, "two" to "three", which would then read, "Adoption of a trust with the committee comprised of- the Assistant Town Manager, Finance Officer, and three elected members of the general employees". Councilman Connell moved approval 1988 with the change. The motion and was unanimously carried. of Resolution No. 88-4, Series of was seconded by Councilman Miller The Town Attorney report was next presented to the Council. Mr. Dunn stated that he had filed a Motion of Summary Judgement yesturday for the Plagnet Bank Case. He stated, as far as Perea_rine, the final Decree was under Advisement. The Mutual Aid Agreement was next presented to the Council. The Assistant Town Manager stated that there was one correction to the Agreement. In Section 1.1 of the Agreement, change the dates to, "January 1, 1988", "January 1, 1989", which will read in part,. "1.1 TERM. The initial term of this Agreement shall commence on January 1, 1988, at midnight, and shall end on January 1, 1989, at midnight, unless sooner terminated as provided in Section 2.2". Councilman Miller moved to authorize the Mayor to execute the Mutual Aid Agreement with the change. The motion was seconded by Councilman Watkins and was unanimously carried. -4- • • The next item on the agenda was the letter which was to be sent to all out-of-district residents for the fire and emergency services. The Town Manager stated that at the last Council Meeting, the Council had discussed how to approach the issue of fire protection for out- of-district residents. The staff took the position that, if they did not pay, they would not receive fire or medical services during the year. He stated that Council suggested to use a different approach, and that was, to give those residents a little time to be able to figure out how they could receive fire protection in those areas. The Council recommended that staff send a letter to all property owners who were out-side the district, and that they may receive fire protection and emergency medical services to either land owners, homeowners, or an organization that basically would: 1. After January 1, 1989, the Avon Public Safety Department would no longer provide fire or emergency service response to anyone that was not either a member of one of the six metropolitan districts, or a member of a newly formed Special District; 2. During 1988 the Avon Public Safety Department would continue to respond to out-of-district areas under certain guidelines. The Town Manager stated that he wanted to confirm this letter with the Council. Councilman Miller moved approval of the proposed letter as presented. The motion was seconded by Councilman Davis. A short discussion followed. The motion carried unanimously. Next on the agenda was the Letter of Agreement in respect to the TV Translator System. The Town Manager stated that at the last Council Meeting, the Council directed staff to proceed with an Intergovernmental Agreement between the Town of Avon, Eagle County, Special Districts, Town of Vail, and Town of Minturn, dealing with the Public Broadcast TV System. Mr. James suggested that before the Agreement be signed, that a letter should be sent to those entities indicating that they possibly be asked to contribute an amount not to exceed $15,000, and to have the Town of Avon, Town of Vail, Eagle County to agree to pay for certain costs up front, which would be for engineering, financial analysis, and any legal services so as to complete the Intergovernmental Agreement and make sure all the basis were covered. He stated that if the program was successful, and the four or five channels were installed, then the Town would try to refund the money to those agencies including, the Town of Avon. If it'was not successful, then there may be an exposure of spending $10,000 to no gain. Councilman Watkins suggested that rather than asking the County to contribute, he would rather see the metropolitan districts be approached for their contributions, and would like to see some type of Advisory Board, which the Town of Avon would be controller. Councilman Watkins moved to approve the above. -5- 0 i Michael Cacioppo, resident of Vail, approached the Council. He suggested that the Town of Avon should take the initiative and take this issue to the County to put this issue on the ballot. He stated that he did not know why the County Commissioners did not get behind this issue at the beginning. He stated that Avon should not have to take the lead roll in this issue. After some discussion, Councilman Watkins withdrew his motion. Councilman Davis moved to authorize the Town Manager to submit the letter of Agreement to all concerned parties as presented. The motion was seconded by Councilwoman McRory and was unanimously carried. The softball fields were discussed. After some discussion, Councilman Watkins moved to authorize the Mayor to execute a letter requesting the Army Core of Engineers participation in the construction of the sofball fields. The motion was seconded by Councilman Davis and was unanimously carried. The Financial Matters were next presented to the Council. Councilman Miller moved approval of the statement of Cosgriff, Dunn and Abplanalp for January 26, 1988. The motion was seconded by Councilman Davis and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payables for January 26, 1988. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for January 26, 1988. The motion was seconded by Councilman Connell and was unanimously carried. The minutes of the January 12, 1988 council meeting minutes were next presented. Councilman Miller moved approval of the January 12, 1988 council meeting minutes as presented. The motion was seconded by Councilman Connell and was unanimously carried. -6- 0 0 House Bill 1057 - concerning Conflicts of Interest in municipalities and municipal officials was discussed. The Town Manager stated that the Colorado Municipal League(CML) was supporting this bill and requested that the municipalities support it also. After discussion, Councilwoman McRory moved that an appropriate letter be sent to the Committee Members, and the Local Representatives showing support of House Bill 1057. The motion was seconded by Councilman Miller and was unanimously carried. Councilman Miller was concerned with the lack of the level of publicity there was for the Town's Special Events. Councilman Miller commended the Public Works Department and the Police Department of a good job well done and well organized in respect to the Icing on the Lake Event. The Town Manager requested that he and the Council converse after the council meeting on the presentations that were given earlier by the consultants on the proposed alternate transportation between Avon and Beaver Creek. Council agreed. Mr. James requested that a work session be scheduled for next Tuesday, February 2, 1988 over the noon hour to address: 1. The Chamber Board of Directors would like to have lunch with the Council and discuss some concerns they have, and to see if there was any concerns the Council had regarding the Resort Association. Mr. James stated that if the Chamber could not meet, then he would like to schedule that work session to discuss: 1. The Airport 2. Liquor Licensing and "Neighbhorhood". Councilman Watkins suggested that the Town purchase additional equipment for the grooming of the lake, and to hire additional part-time help, if needed, so as to maintain the lake as early as possible in the year, and as late as possible in the year. The Council agreed. -7- E There being no further business to co Miller moved to adjourn. The motion McRory. The meeting was adjourned by • me before the Council, Councilman was seconded by Councilwoman Mayor Nottingham at 9:02 p.m. FULLY SUBMIT Pad-ricia J. Dgffle, V6wn QTe-r -8- APPROVED: