TC Council Packet 12-18-2001Town Council Meetings
Roll Call Check Sheet
Date: 12/18/01
Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for
meeting roll call or to break a tie vote.
Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt,
D. Buckley, Brown
Staff Present:
Bill Efting Jeff Layman Ruth Borne
Larry Brooks Norm Wood Other Staff
Burt Levin Meryl Jacobs
Kris Nash Bob Reed
Jacquie Halburnt Harry Taylor
Scott Wright
1 ATown ClerkWouncilTacketsWouncil Meeting Check List.doc
TOWN OF AVON
SPECIAL COUNCIL MEETING AGENDA
December 18, 2001- 3:20 PM
1. Call to Order / Roll Call
2.
3.
4.
5.
6.
7.
8.
9.
10.
Citizen Input
Ordinances
Resolutions
Unfinished Business
IV,
i
New Business ?.
a.) Part-time Town Attorney Interviews
Town Manager Report _ C
Town Attorney Report U
Mayor Report
Other Business
11. Consent Agenda
12. Adjournment
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IATown ClerkWoundhAgendas & WorksessionsUgenda-Regular Meeting.doc
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LAW OFFICES
DUNN & ABPLANALP, P.C.
A PROFESSIONAL CORPORATION
JOHN W. DUNN
ARTHUR A. ABPLANALP, JR.
INGA HAAGENSON CAUSEY
OF COUNSEL:
JERRY W. HANNAH
Hon. Mayor and Town Council
Town of Avon
P. O. Box 975
Avon, Co 81620
WESTSTAR BANK BUILDING
108 SOUTH FRONTAGE ROAD WEST
SUITE 300
VAIL, COLORADO
81657-5087
November 20, 2001
Re: Part-time Town Attorney
Dear Mayor Yoder and Town Council:
TELEPHONE:
(970) 476-0300
FACSIMILE:
(970) 476-4765
highcountryl".com
9-maik Vaillaw0vabiet
CERTIFIED LEGAL ASSISTANT
KAREN M. DUNN, CLAS
,v
The purpose of this letter is to present you with my proposal for representation of
the Town of Avon on a part-time, contract basis. Enclosed is my curriculum vitae. I also
enclose Inga H. Causey's curriculum vitae and ask that she be considered as well for the position
of Town Prosecutor and for back-up of my representation of the Town.
If my proposal is accepted, I propose essentially to pick up where I left off on
November 30, 1998. In other words, I expect that my relationship with Council and the Town
staff would be as it was during my eighteen years as Town Attorney prior to that date. It is my
belief that both the staff and members of the council in office prior to the 1998 election will
confirm that my representation of the Town was consistent, efficient and cost effective. As will
appear from my curriculum vitae, my experience in local government is both long standing and
broadly based. I believe that that experience has been of great benefit to the Town in the past
and will be of great benefit in the future.
My representation of the Town can be on either of two bases. In 1998 I was
charging a retainer of $5,000 per month, and I remain willing to be compensated on that basis,
provided that (as has been true in the past) any litigation or special projects authorized by the
Council are additionally compensated at $150 per hour. Alternatively, I will charge $150 per
hour for all services rendered. In either case, my hourly rate for pass-through work would be
$225. In other words, if a third party is reimbursing the Town for legal services rendered by me
for the Town, I would charge at that rate. Any back-up work by Ms. Causey would be paid out
of the retainer if a retainer basis is agreed upon; otherwise her services would be billed at $100
per hour.
If you wish to have Ms. Causey serve as municipal prosecutor, she is willing to be
compensated on the basis of a retainer of $1,500 per month, less than the $1750 retainer in effect
in 1998. Alternatively, she is willing to bill the Town at the rate of $100 per hour.
I look forward to meeting with you next month to review this proposal.
Yours very truly,
D & PLANALP, P. C.
n.
Jo W. Dunn
jwd:ipse
4
JOHN W. DUNN
108 South Frontage Road, Suite 300
Vail, Colorado 81657
(970) 476-0300
lex@vail.net
EDUCATION
Graduate of the public schools of Peoria, Illinois.
Attended Wabash College, Crawfordsville, Indiana, 1957-59; 1960-
61. A.B., 1961. Member, Phi Beta Kappa.
Attended University of Edinburgh, Scotland, 1959-60.
Attended New York University School of Law, 1961-64; Root-Tilden
Scholar. Editor in Chief, Annual Survey of American Law, 1963-
64. LL. B., 1964.
PROFESSIONAL
Admitted to practice, State of Colorado, 1964; United States
District Court, District of Colorado, 1968; United States Supreme
Court, 1981.
Law Clerk, United States Court of Appeals, First Circuit, 1964-
65.
Associate, Dawson, Nagel, Sherman & Howard, Denver, Colorado,
1965-66.
Principal, Cosgriff, Dunn & French, P.C., Leadville, Breckenridge
and Vail, Colorado, 1966-1985.
Principal, Cosgriff, Dunn, Berry & Abplanalp, Leadville and Vail,
Colorado, 1985-92.
Principal, Dunn & Abplanalp, P.C., Vail, Colorado, 1992 to
present.
County Attorney, Lake County, 1971 to 1993. Town Attorney, Town
of Avon, 1980 to 1998.
Member, Continental Divide, Colorado, and American Bar
Associations; Colorado County Attorneys Association; Association
of Trial Lawyers of America; Colorado Trial Lawyers Association.
Past President, Continental Divide Bar Association.
Colorado Bar Association offices and awards: President, 1993-94;
member, Board of Governors (two terms); member, Executive
Council, 1991-94; past vice-president; committee chair, Colorado
Bar/Denver Bar Associations Joint Management Committee, 1995 -
96; committee chair, Awards Committee, 1987-89; member, Long-
Range Planning/Budget Committee, 1992-93; member, Professionalism
Committee, 1991-93; member, Gender Bias Task Force, 1992-93;
member, Amendment 12 Task Force, 1994; member, Grants Committee,
1992-95; member, Amicus Brief Committee, 1994 to present;
Outstanding Young Lawyer Award, 1972.
Section Chair, Municipal Attorneys Section, Colorado Municipal
League, 1998 - 99.
Member, Board of Directors, Colorado County Attorneys
Association, 1975-78, 80-83. President, 1981-83.
Lecturer, contract law and real property law, Short-Course
Faculty, National Association of Legal Assistants.
Fellow, Colorado and American Bar Foundations. Member, Board of
Trustees, Colorado Bar Foundation, 1995 to present. Chairman of
the Board, 1999-2001. President, Colorado Bar Fellows, 1997 to
1999.
Member, Board of Directors, Colorado Lawyers Trust Account
Foundation, 2001-present.
Principal, Tomlinson Dunn Mediation Arbitration Service, LLC.
Member, Fifth Judicial District Nominating Commission, 1970-75;
1991 to 1995.
Co-Author, Real Estate Law Review Manual, published by West
Publishing Co.; General Editor, Colorado Contract Forms and
Colorado Real Estate Forms, published by Lawyers Cooperative
Publishing.
INGA HAAGENSON CAUSEY
108 South Frontage Road West, Suite 300, Vail, Colorado 81657 • (970) 476-0300
I&!kVail.Net
LEGAL EXPERIENCE
DUNN & ABPLANALP, P.C., VAIL, COLORADO
Associate, October 1999 -Present
Practice consists of family law, criminal law, construction law, real estate, business law, personal
injury, landlord and tenant and general litigation. My position has allowed me to be in Court
approximately fifteen days each month.
HARDING, SHULTZ & DOWNS, DENVER, COLORADO
Law Clerk, August 1999 - October 1999
Draft summary judgments and various motions, work on real estate on stock transactions and loan
agreements.
TULANE ENVIRONMENTAL LAW CLINIC, NEW ORLEANS, LOUISIANA
Student Attorney, August 1998 - May 1999
Conducted oral arguments in the Nineteenth Judicial District Court; drafted summary judgments,
Motions, answers, and complaints, met with clients and witnesses.
TULANE LEGAL ASSISTANCE PROGRAM, NEW ORLEANS, LOUISIANA
Director, May 1998 - May 1999
Supervised, recruited, interviewed and hired new clerks and assistant directors; trained new
assistant directors; develoOped the legal program for the year; created the budget; liaison between
TULAP and Tulane University; supervised and implemented the civil and criminal
clinics for Tulane.
Assistant Director, May 1997 - May 1998
Supervised, recruited, interviewed and trained new clerks; managed daily operations;
implemented and developed the 1997 - 98 program; organized clinics; worked closely with the
attorneys to resolve cases.
Law Clerk, September 1996 - May 1997
Worked on a variety of civil and criminal cases; drafted demand letters and memoranda, and
engaged in legal research; interviewed clients and consulted with attorney to resolve cases.
OFFICE OF THE JUDGE ADVOCATE GENERAL - ARMY, KAISERSLAUTERN, GERMANY
Law Clerk, Summer 1998
Drafted opinions and memoranda; prepared for court marshals and hearings; briefed witnesses for
trial; prepared voir dire; introduced into the areas of military criminal law, administrative law,
international law, employment discrimination, sexual harassment, contracts and claims.
OFFICE OF THE DISTRICT ATTORNEY, ORLEANS PARISH, NEW ORLEANS, LOUISIANA
Law Clerk, Summer 1997
Worked on writs and trials; organized exhibits and files; investigated relevant information,
contacted witnesses and police officers and prepared them for trial; drafted opening and closing
arguments; engaged injury selection.
0_
LEGAL EXPERIENCE
MONTICK & ASSOCIATES, ATLANTA, GEORGIA
Legal Assistant, March 1996 - August 1997
Drafted demand letters; legal memoranda; edited legal documents; conducted interviews with
clients; called witnesses; helped create a more useable computer database.
Education
EDUCATION
TULANE UNIVERSITY SCHOOL OF LAW, Juris Doctor 1999, Common Law Curriculum
New Orleans, Louisiana
G.P.A.: 3.058
PUBLICATIONS: "Reintroduction of the Wolf in Yellowstone," Tulane Environmental Law Journal,
Volume 11.2: Summer 1998
"Native Village of Eyak v. Trawler Diana Marie," TELJ, Volume 12.1: Win. 1999
TULANE ENVIRONMENTAL LAW JOURNAL:
Senior Notes & Comments Editor: 1998-99
Staff Member: 1997-98
EXTRACURRICULAR ACTimi s:
Math and Reading Tutor; Phi Alpha Delta Law Fraternity: Clerk and Vice Justice
for Rush; International Law Society Member; Public Interest Law Foundation
AWARDS: Runner-up for Lawyer of the Year by the National Law Journal --
Together with another student and our director;
Most Outstanding Article Award for the Tulane Environmental Law Journal
UNIVERSITY OF COLORADO AT BOULDER, Bachelor of Science 1994: International Business, Finance
Boulder, Colorado
G.P.A. 3.500
LANGUAGES: Read and write French
EXTRACURRICULAR: Zeta Tau Alpha Sorority Rush Coordinator; Rowing Team
I %
e-mail:
acclaw@go.com
November 17, 2001
Bill Efting, Town Manager
Town of Avon
P.O. Box 975
Avon, Colorado 81620
Re: Town Attorney
Dear Bill:
t1_1 ' ` 1 ? v 1 ? l
ALLEN C. CHRISTENSEN
ATTORNEY AT LAW, P.C.
A Professional Corporation
P.O. BOX 4128
EDWARDS, COLORADO 81632
Telephone: (970) 926-3835
Fax:: (970) 926-8422
In follow up to your recent conversation I would be interested in discussing the part-time
town attorney position with the town council and you.
I have been actively involved in government since I was in graduate school in 1978,
serving as a legistlative staff assistant for the Illinois State Senate. After moving to Eagle County
in 1983, I practiced law as a sole practitioner for several months, then joined a law firm with a
great deal of involvement in local government. That firm represented Lake County, the Towns of
Leadville, Avon, Red Cliff and Minturn, and the Beaver Creek Metropolitan District.
Since 1985 I have been Town Attorney for Red Cliff and Minturn. I was Town
prosecutor for Avon Municipal Court from 1985-88. I have also served as special prosecutor for
the Town of Breckenridge and as attorney prosecuting liquor violations before the Town of Vail
Liquor Board. Since May 2001, I have served as acting town attorney for the Town of Vail
while the Town conducted a search for a new full-time town attorney, who arrived last week.
I am enclosing a curriculum vita for your review. If you have any questions I invite you
to contact any of the following persons:
Minturn Town Manager Alan Lanning;
Vail Town Manager Bob Mclaurin;
County Commissioner Mike Gallager;
County Attorney Tom Moorehead;
Municipal Judge Buck Allen; or
Red Cliff Town Clerk Bob Slagle.
I will be out of town over Thanksgiving, but I look forward to discussing this matter with
the Town Council and you after I return on November 26'.
Very truly yours,
Allen C. Christensen
ACC/a
enclosure
ALLEN C. CHRISTENSEN
ATTORNEY AT LAW, P.C.
A Professional Corporation
e-mail: P.O. BOX 4128 Telephone: (970) 926-3835
acclaw@go.com EDWARDS, COLORADO 81632 Fax:: (970) 926-8422
EDUCATION:
Northern Illinois University B.A. Political Science 1978
Sangamon State University, Springfield, Illinois-graduate studies in M.P.A.program (1978-9).
University of Tulsa College of Law, Tulsa, Oklahoma Juris Doctor 1982.
BAR ADMISSIONS: Oklahoma and U.S. District Court (OK) 1982
U.S.10' Circuit Court of Appeals 1983
Colorado and U.S. District Court (CO) 1984
EMPLOYMENT:
Allen C. Christensen, Attorney at Law, P.C. 1/99-present.
Sole practitioner in Edwards, Colorado. General practice of law emphasizing in local
government, litigation and mediation.
Dunn, Abplanalp & Christensen, P.C., Vail, Colorado 2/85-12/98.
General practice of law with emphasis in litigation (75%) and local government (25%).
Allen C. Christensen, Attorney at Law, Avon, Colorado 7/84-2/85
Deputy District Attorney, 25' Judicial District of Oklahoma 1983
Chief Deputy for Atoka, County, Oklahoma. Responsible for all felony and
misdemeanor cases.
J.P. Hall & Associates, Miami, Oklahoma 1982
Staff attorney in law office of 3 attorneys. General practice of law.
PERSONAL:
Age: 49
Date of Birth: July 11, 1952
Married: September 11, 1976.
Wife: Susan Christensen
Children: Jessica (13), Matthew (8), Kelsey (8).
TIMOTHY H. BERRY, P.C.
A Professional Corporation
Attorney At Law
P. O. Box 2
Leadville, CO 80461
9. / 12- 171'.1-
Telephone (719) 486-1889
Facsimile (719) 486-3039
Timothy H. Berry
Seth J. Murphy
November 20, 2001
Town of Avon
Human Resources Department
P.O. Box 975
Avon, CO 81620
RE: PART TIME TOWN ATTORNEY POSITION
To Whom It May Concern:
L-_
u
--- F A ?nN
This letter is written in response to your request for applications for a part-time Town
Attorney for the Town of Avon.
In response to your advertisement, I believe I fit the qualifications that the Town of Avon
is seeking in a Town Attorney. I have been a practicing attorney for five years, and presently a
significant portion of my practice involves representing local governments. For the last year, I
have acted as the County Attorney for Lake County, and for the three prior years I was the
Assistant County Attorney. I am additionally the Assistant Town Attorney for the Town of
Breckenridge, and prosecute in Breckenridge's municipal court.
I actually first heard of your need for a Town Attorney from Judge Buck Allen, who is
both Breckenridge's and Avon's Municipal Judge. Judge Allen informed me of the opening and
encouraged me to apply.
I understand that the position is scheduled for approximately 10 hours per week,
excluding the municipal court responsibilities, and that the attorney hired would have the option
of either performing the municipal court prosecution or contracting that portion of the
responsibilities out. At least to begin, I would prefer to perform the prosecution responsibilities.
From my experience in Breckenridge, I believe that acting as a prosecutor allows one to get a feel
for the community, and to get to know a number of town employees and issues.
Including the 10 hours of work into my current schedule would not be a problem,
although I must say that I would expect a town the size of Avon to require more legal support
than 10 hours. To the extent that more hours would be necessary, I am sure that my schedule
could accommodate.
Town of Avon
Page 2
November 20, 2001
TIMOTHY H. BERRY, P.C.
Regarding salary requirements, I presently charge Lake County $90.00 per hour, while
charging my private clients $100.00 per hour. I would be willing to offer the Town of Avon the
same rate as Lake County.
I appreciate your time in reviewing this letter and the enclosed resume. As a resident of
Leadville, I have spent a lot of time in Avon, and am very excited about the opportunity to
interview for this position. If you have any questions, please feel free to contact me.
Sincerely,
Seth M
enc.: Resume
SM
References
Judge Buck Allen
Phone: (970) 479-2131
Cathy Patti
Lake County Administrator
P.O. Box 964
Leadville, CO 80461
Phone: (719) 486-4116
Timothy H. Berry
P.O. Box 2
Leadville, CO 80461
Phone: (719) 486-1889
Seth Murphy, Esq.
Attorney At Law
131 West 5'. Street
Leadville, CO 80461
(719) 486-1889 (work)
(719) 486-2926 (home)
Experience
County Attorney, Lake County, Colorado: I was appointed as the County Attorney for
Lake County in January, 2001. As the County Attorney, I advise the Lake County Board of County
Commissioners, along with the County Assessor, Treasurer, Clerk and Recorder, Coroner, and
Sheriff, on various aspects of local government law, including land use, employment, real estate,
and litigation. I additionally review and prepare a variety of contracts, intergovern mental
agreements, resolutions, ordinances, and conduct legal research on a wide variety of issues.
Assistant Town Attorney, Town of Breckenridge, Colorado: I work with Tim Berry,
who is the Town Attorney for the Town of Breckenridge. As the assistant town attorney, I assist
Mr. Berry with various issues relating to the Town of Breckenridge, including the Town's litigation
needs. I also act as the Breckenridge Municipal Court Prosecutor, and work closely with the Police
Department on a variety of criminal and civil issues.
Attorney, Timothy H. Berry, P.C., 1998 - present: As a private attorney in Leadville, my
practice is highly diverse. In addition to my local government work, which is described above, 1
have significant real estate and civil litigation practices, with smaller amounts of criminal defense
and domestic relations. To put it simply, as most "small town" attorneys will tell you, I do
"anything that walks through the door".
Contract Attorney, Bayer, Carey, and McGee, P.C., 1997-1998: I worked, on a contract
basis, in an insurance defense law firm. I performed mostly research and other support activities.
Education
University of Colorado School of Law
J.D., Class of 1997
Activities/Honors:
-Editor, University of Colorado Law Review, Volume 68, 1996-97
-Vice President, Class of 1997
University of Colorado
B.A., Class of 1993
Majors: English and Philosophy
Also attended: University of Massachusetts at Amherst, 1987-89
Western State College, Gunnison, CO, 1989-90