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TC Minutes 02-13-1979• MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCILMEMBERS OF THE TOWN OF AVON HELD FEBRUARY 13, 1979 7:30 p.m. A regular meeting of the Town Councilmembers of the Town of Avon, Colora- do was held in the Town Office, second floor, Benchmark Shopping Center, Avon, Colorado. The meeting was called to order at 7:30 p.m. by Mayor Angelo Alpi. Coun- cilmembers in attendance were Richard Allen, Angelo Alpi, William Doyle, Steven Erickson, Allan Nottingham, and Carol Richards. Joyce Allred was absent. Also present were: John Blish, Town Attorney; Stan Bernstein, Town Auditor; Ross Davis, of the Battle Mountain Recreation League; Jim Ray, Vail Guides; Jim Wells, the Benchmark Companies; Ken Richards, Spec- ial Consultant to develop the Town Building Department. Steve Erickson moved that the Council approve the minutes of the Regular Meeting of January 23, and the Special Meeting of January 30 as submitted. Seconded by Carol Richards and unanimously carried. Stan Bernstein reported that he had completed the Town audit and rendered an unqualified opinion on financial reports, the highest opinion that any town can receive. The financial statements were prepared in strict com- pliance with generally accepted accounting principles and can be relied upon for accuracy. Mr. Bernstien then explained the ten page written fin- ancial report to the Council. Each Councilmember received a copy of this report and copies are on file with the Town. Ross Davis, of the Battle Mountain Recreation League, introduced himself to the Council and briefly explained the League's function. The League currently consists of 49 softball teams, 8 to 10 little league teams and 4 little girl's softball teams. It consists of 1,100 participants and operates on an annual budget of $26,000. Mr. Davis explained that the League was requesting continued use of the Benchmark fields, was seeking financial support from the Town, and was requesting that the Town consider the issuance of two special events permits for the purpose of selling beer • at the three day tournaments to be held the Fourth of July Weekend and Labor Day Weekend. The Council explained that the Town does not own the land on which the fields are located and thus cannot grant permission for continued use. Further, the Town does not have any money budgeted for recreation at this time. Finally, the Council agreed to consider the issuance of the special use permits and discuss them further at a later time. Jim Ray and Don Adams of the Vail Guides then addressed the Council re- garding the proposed ORDINANCE CONCERNING REVENUE AND TRAFFIC CONTROL AND REQUIRING THE PURCHASE OF AN ANNUAL PERMIT BY THE OWNER OF EACH VEHICLE FOR HIRE USED TO TRANSPORT PASSENGERS TO OR FROM THE STOLPORT LOCATED EAST OF THE TOWN OF AVON; PROVIDING PENALTIES FOR VIOLATIONS AND SETTING FORTH DETAILS, DEFINITIONS AND PROCEDURES IN RELATION THERETO. Mr. Ray explained the overall services that Vail Guides provides and ex- plained that they are regulated by the Colorado Public Utilities Commis- sion. Vail Guides purchased two 24 passenger vehicles which weigh 10,000 pounds when loaded. These buses will service the six flights of 48 pas- sengers daily between the Stolport and Vail. The CPUC set the rate of $3.50 per person for one way service between the Stolport and Vail. Mr. Ray explained that he would not be opposed to a license fee and tax if it were legal, fair and equitable. He pointed out that the fees and taxes would be passed on to the customers and that such a tax would be difficult to administer. He also stated that E. Beaver Creek Blvd. has a negative camber and if such licenses and taxes were imposed, the transporter might expect better road conditions. He further stated that he already pays a "gross ton mile tax" to the state which may be returned to the Town. He invited the Council to take a tour of the bus which was parked in the Benchmark Shopping Center parking lot. Jim Wells of the Benchmark Companies, presented the Council with the pro- posed replatting of Beaver Creek Place. The replatting calls for the ex- tension of Beaver Creek Place,from its current point of termination, north east between lots 69-70 and lots 66, 67, 68 to E. Beaver Creek Blvd. Fur- ther, lots 23 and 66 would be replatted to 23, 66 and 75 with all three lots having access to Beaver Creek Place. The overall density of 9 units would be unchanged, redistributing the units 4, 1, and 4 respectively. Allan Nottingham moved that the proposed replatting be approved as submitted. Seconded by Rich Allen and unanimously carried. Ken Richards reported on the progress he has made regarding the develop- ment of the Town Building and Planning Department. He submitted a list of ordinances which the Town will need to adopt prior to the Department's formation. The Town Attorney agreed to work with Mr. Richards in the pre- paration of these ordinances. The Town Attorney reported that the Town has received seven applications for municipal Judge. The deadline for applications is Friday, February 16. Mr. Blish recommended that the Council conduct personal interviews. With regard to the purchase of the Savin Copier, Mr. Blish recommended that no action be taken until the Council receives a copy of the main- tenance agreement. The Town Attorney will meet with the Chief of Police candidate on Thurs- day, February 16 to discuss the offer of employment the Town has made to him. The Town Attorney then introduced Ordinance No. 79-1, AN ORDINANCE AUTHOR- IZING THE PAYMENT OF COMPENSATION TO MEMBERS OF THE TOWN COUNCIL OF THE TOWN OF AVON; AUTHORIZING REIMBURSEMENT FOR CERTAIL EXPENSES INCURRED BY MEMBERS OF THE TOWN COUNCIL; DEFINING THE TERMS USED HEREIN; SETTING OUT THE DUTIES OF THE TOWN CLERK WITH RESPECT THERETO AND SETTING FORTH DETAILS IN RELATION TO THE FOREGOING. Following a brief discussion of the proposed ordinance, Allan Nottingham moved that the Council approve said ordinance on first reading. Seconded by William Doyle and unanimously carried. The Town Clerk was directed to set the public hearing on the proposed ord- inance for February 27, at 7:30 p.m., and to post notice of said hearing accordingly. John Blish, who has been acting Town Attorney, has offered to work for the Town for a minimum of 40 hours a week at $2,000 per month provided the Town provide him with office space, a secretary, and, should the Town terminate his employment, sererance pay of an amount to be determined. Mr. Blish will set the details of his offer in a letter to the Council. William Doyle moved that the Council appoint John Blish as Town Attorney. Seconded by Carol Richards and unanimously carried. On January 30, the Council received and accepted the resignation of Coun- cilmember Joyce Allred. The Council received a letter of application for the position of Councilmember from A.J. Wells. Steve Erickson moved that the Council appoint A.J. Wells Councilmember, to fill the vacancy and serve the remainder of Joyce Allred's term. Seconded by Rich Allen and unanimously carried. John Blish administered the Oath of Office to Mr. Wells: The Council received a letter from Terrill Knight of the Eagle County De- partment of Planning stating that the County will continue to provide building services to the Town through February 28. There being no further business to come before the Council, the meeting adjourned at 11:45 p.m.. Respectfully Submitted, A E, Leslie James Allen Town Clerk MINUTES APPROVED, NOTICE OF MEETING WAIVED: A_,144,