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TC Minutes 03-13-1979MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL MEMBERS OF THE TOWN OF AVON HELD MARCH 13, 1979 7:30 P.M. The regular meeting of the Town Council Members of the Town of Avon, Colorado was held in the Town Office, second floor, Benchmark Center, Avon, Colorado. The Meeting was called to order at 7:30 p.m. by Mayor Angelo Alpi. Council Members in attendance were Allen Nottingham, Bill Doyle, Steve Erickson, Al Alpi, Carol Richards, and Jim Wells. Richard Allen was absent. John Blish, Town Attorney; Ken Richards, Building Department Administrator; Ken Sortland, Police Chief; Hugh Price, Design Review Chairman; and Ronald,McKenzie, Accountant, were also present as well as various members of the Press and the Public in the audience. The minutes of the meetings of February 27 and March 1 were presented to the Council. Amendments to the minutes were requested to be made. These were on Page 3 of the February 27 minutes changing "acception" to "accepting", on Page 4 of the February 27 minutes changing "finings" to "findings" and the March 1 minutes to record the presence of Jim Wells at the Meeting. Steve Erickson moved that the Minutes of February 27 and March 1 be approved as amended, seconded by Bill Doyle and unanimously carried. Ronald McKenzie then presented the Financial Reports covering the months of January and February, 1979. A copy of this report is attached to these minutes. Discussion was held regarding re-aligning the budget to match the bookkeeping ledgers and to supplement the budget to more accurately reflect the financial business of the Town, instituting appropriations for the Building Department, Design Review Board, etc. It was the consensus of the Council that a work session should be set up in the immediate future to accomplish this project. Jim Wells moved that the financial reports be accepted as presented, seconded by Allen Nottingham and unanimously carried. • -2- • A list of Accounts Payable was presented to the Town Council for approval. This list is attached to these minutes. After reviewing the Accounts, Jim Wells moved that the Council authorize payment of the accounts as listed, seconded by Steve Erickson and unanimously carried. Rita Kahn, Marketing Representative from Western Federal Savings and Loan Association, presented a report regarding Police and Fireman's Pension Plans and notified the Town of State Funds which were available to Municipalities to help with the pensions. She had been meeting with the Legislators of the State of Colorado and had an up-to-date report on pensions through the state as well as other available pensions. She would be willing to work with our town in setting up the pension plans for our employees and specifically the police department. She also presented Western Federal Savings and Loan Association's programs for Savings accounts for Municipal Funds which pays higher interest rates than for normal accounts. The Option Account with Western Federal also provides a telephone transfer privilege to transfer monies from the savings to our checking account if needed and with no penalties on interest payments to that account. The main restriction was that of only 12 deposits and 12 withdrawals per year on the account. After considerable discussion, Jim Wells moved that "the Town open a regular savings account to receive excess funds not needed for operation of the Town. The balance in this account would go into the Option Account every thirty days". Steve Erickson seconded this motion. The motion was carried unanimously. Hugh Price, Design Review Board Chairman, reported that the Design Review Board was very busy with reviewing plans for buidings to be constructed during the coming year. He also presented the Council with the Rules and Regulations adopted by the Design Review Board along with the Schedule of Fees, Application Blank and Check List for approval by the Town Council. After discussion relating to the different items in the Rules and Regulations, the Town Attorney was asked what procedure was needed to adopt the Rules and Regulations. Since Ordinance No. 9 establishing the Design Review Board set forth the requirement of the Design Review Board to present their Rules and Regulations to the Town Council for approval, no additional hearing or posting is necessary. One item of concern in the Rules and Regulations was the Section 5.10 which referred building designs back to the Benchmark Architectural Control Board Rules and Regulations. The Town Council felt that the Town Design Review Board should establish its own • -3- • design criteria and not expect property owners or architects to sift through several documents to establish the design requirements. It was pointed out, however, that the other items in the Rules and Regulations were important to the Design Review Process and that Section 5.10 could be revised. Carol Richards moved that "The Town Council approve the Procedures, Rules and Regulations as they stand with the exception of Section 5.10 which should be referred back to the Design Review Board for revision spelling out design requirements of the Town of Avon, and that the Procedures, Rules and Regulations become effective immediately with the exception of the mentioned Section 5.10." The motion was seconded by Jim Wells. A roll call vote was taken with all Council members voting yes. Carol Richards reported that the only item from the Northwest Colorado Council of Governments for review is an A-95 request for review on financing of the Mental Health Program for Region XII. This request is for funding from State and Federal Levels to support several mental health programs in the six county area including the Sopris Mental Health Clinic which serves the Eagle and Avon area. Steve Erickson moved that the A-95 Review be returned to the Northwest Colorado Council of Governments with a favorable comment on the funding of the Mental Health Program. Seconded by Allen Nottingham and unanimously carried. The Second Reading of Ordinance No. 79-3 "An Ordinance Annexing to the Town of Avon a Parcel of Property Located in Section 35, T 4 S, R 82 W of the 6th P.M., by Benchmark At Beaver Creek, A Colorado Limited Partnership: And Setting Forth Findings and Conclusions and Other Details in Relation Thereto" was held. There being no objections from either the Council or the Public, Steve Erickson moved "That Ordinance No. 79-3 Annexing approximately 74 acres to the Town of Avon be approved and further that the Acting Town Clerk be requested to post the Ordinance as required on Wednesday, March 14 to enable the Ordinance to become effective on Wednesday, March 21". The motion was seconded by Bill Doyle. A Roll Call vote was taken with Bill Doyle, Steve Erickson and Carol Richards voting yes and Allan Nottingham and Jim Wells abstaining. Since a majority of the Council Members voting on the issue was in favor, the motion passed. -4- Ordinance No. 79-4 "An Ordinance Establishing a Police Department for the Town of Avon; Defining the Duties and Responsibilities of the Police Department and Its Personnel, Including the Duties, Functions and Responsibilities of the Chief of the Department; Providing for an Oath of Office of the Members of the Police Department, and Setting Forth Various Other Provisions Related Thereto" was introduced by the Town Attorney, John Blish. The Ordinance is required by the Town Charter to establish the Police Department. Jim Wells moved the Ordinance be adopted for first reading, seconded by Allan Nottingham. After a roll call vote, the Ordinance was adopted on first reading by unanimous vote, a copy of which is hereby attached. Kenneth N. Sortland was then introduced as our newly hired Police Chief with duties to commence immediately. His first duties,would be to organize the department which would take some time before he would be available as an acting policeman. Mayor Alpi then administered the Oath of Office to Mr. Sortland as our Police Chief. Clinton Watkins was introduced as our newly appointed Municipal Judge and was administered the Oath of Office by Mayor Alpi. It was announced that an Deputy Municipal Judge had also been appointed. He is Buck Allen who is now serving as Municipal Judge for the Town of Vail- Mr. Watkins stated he would be contacting Mr. Allen and the two of them would take steps to organize the municipal court as soon as possible. Due to the resignation of Council Member Richard Allen last month, the Council interviewed three candidates for the vacant council seat. These people were: Richard Casserley, Hugh Price and Jerry Davis. After a secret ballot by the remaining Council Members, Richard Casserley was elected to fill the term of office of Richard Allen. Mayor Alpi then administered the Oath of Office to Mr. Casserley, who immediately took his seat at the Council table. Also due to the resignation of Council Member Richard Allen last month, the office of Mayor Pro-Tem was now vacant. After a secret ballot by the Town Council members, Carol Richards was elected as Mayor Pro-Tem. -5- 0 A request from the County of Eagle Planning Department for a comment regarding a requested zone change to a piece of property outside the Town Limits of Avon was discussed. Since the property is directly adjacent to other Multiple Family Areas in the Eagle Valley Area, the Council could see no reason for denying the requested change. Jim Wells moved to instruct the Town Clerk to send a letter to Eagle County recommending the Zoning change be approved, seconded by Bill Doyle and unanimously carried. Resolution No. 79-1 which was prepared at the request of Council at the last Meeting was presented. This Resolution commends Leslie James Allen for her work for the Town of Avon as Town Clerk and wishing her well in the future. Carol Richards moved the Resolution be adopted, seconded by Dick Casserley and unanimously approved. The Mayor read a letter from Ronald Allred in which he returned the check which was sent to him for participation on the Design Review Board. The Town Clerk will send him a thank you for return of the check and expressing the Councils regrets that he will no longer be available on the Board. The Town Attorney reported that the Colorado Revised Statutes and Pocket addendums has arrived and were in the Town Attorney and Police Department offices for anyone who was interested in looking at them, A Random House Unabridged Dictionary was also in the Town Clerk's office for reference. He had received some inquiries regarding the Real Estate Transfer Tax which he had answered and he would be attending the Colorado Municipal League meeting on Friday. Discussion was held regarding the purchase or lease of a new IBM typewriter. The possible use of a memory type typewriter was discussed and the Town Clerk was authorized to order the Memory IBM typewriter on a monthly lease to establish whether or not that is what is needed. A Postage Meter from Pitney Bowes was also discussed and authorized. The need for re-working our budget for capital expenditures was again brought up and emphasized. There being no further business, Steve Erickson moved the Meeting be Adjourned, seconded by Allan Nottingham and adjourned by the Mayor at 10:25 P.M. C: - 6- MINTUES APPROVED: • Minutes submitted by: Carol S. Richards, Acting Town Clerk • • ORDINANCE NO. m--z' SERIES OF 1979 AN ORDINANCE ESTABLISHING A POLICE DEPARTMENT FOR THE TOWN OF AVON; DEFINING THE DUTIES AND RESPONSIBILITIES OF THE POLICE DEPARTMENT AND ITS PERSONNEL, INCLUDING THE DUTIES, FUNCTIONS AND RESPONSIBILITIES OF THE CHIEF OF THE DEPARTMENT; PROVIDING FOR AN OATH OF OFFICE OF THE MEMBERS OF THE POLICE DEPARTMENT, AND SETTING FORTH VARIOUS OTHER PROVISIONS RELATED THERETO. WHEREAS, the preservation of the public peace, order, safety and dignity within the Town of Avon is both a major priority and constitutional mandate of the Town Council of the Town of Avon, and WHEREAS, the Mayor of the Town of Avon, as chief exec- utive and administrative officer of the Town of Avon has pre- viously recommended and hereby further recommends the establish- ment of a Police Department for the Town of Avon, and WHEREAS, the Town Council of the Town of Avon has deter- mined and hereby declares that the Town is in need of the ser- vices to be provided by the Police Department of the Town of Avon and that such need is likely to continue to exist into the future, NOW, THEREFORE, be it ordained by the Town Council of the Town of Avon, Colorado, that: Section 1. Establishment of Department. There is hereby created and established a Police Department of the Town of Avon, Colorado. The Department shall consist of the Chief of Police, who shall be the supervisor and head of the Department, and such other personnel as the Town Council may authorize by resolution or ordinance. The Police Department is specifically established pursuant to the provisions of the Town Charter for the Town of Avon, Colorado, and the relevant provisions thereof, including Section 8.8. Section 2. Duties of the Police Department. The Police Department collectively and the individual sworn officers, including the Chief of Police, who are the personnel thereof are hereby authorized and instructed: a. .moo enforce the laws and ordinances of the Town of Avon and the State of Colorado, employing their powers as "Peace officers" as defined in Colorado Revised Statutes, 1973, 18-1-901(3)(1), as amended, and the powers and duties granted by the Constitution of the United States of America, the Constitution of the State of Colorado and this Ordinance. b. ~ o maintain the public peace, order, safety and dignity within the Town of Avon, Colorado. a c. to perform such other acts, functions and duties as may be authorized by the Town Council, the Mayor or the Town Manager pursuant to the Charter for the Town of Avon, Colorado. • -2- • Section 3. Duties of the Chief of Police. The following acts shall be performed as necessary by the Chief of Police and by others designated by him, subject and pursuant to the approval of the Town Council, which approval may be granted in the form of a resolution t ordinance by the Town Council: a. Purchase and sell, lease, rent and otherwise acquire certain items and pieces of equipment for which a need exists. b. Hire and terminate certain employees and recommend to the Town Council the salary and other compensation to be paid to employees of the Police Department. C. Pursuant to the provisions of Section 16.2 of the Town Charter for the Town of Avon, Colorado, if applicable, negotiate with others regarding the provision of certain services to the Town of Avon and to its Police Department. d. Conduct certain studies and investigations, the purpose of which is to provide information and recommendations to administrative departments and the Town Council of the Town of Avon. e. Author and draft such additional rules, regulations and procedures as may be required for the proper operation of the Police Department. Section 4. Personnel Merit System. At such time as the Personnel Merit System is created and enacted and the Personnel Merit Commission is established by the Town Council, the Police Department shall be subject to such Personnel Merit System and the provisions thereof, pursuant to the provisions of Chapter IX of the Town Charter for the Town of Avon, Colorado. Section 5. Oath of Office. Every police officer of the Town of Avon, before entering upon the duties of his office, shall take an oath or affirmation of office, that he will sup- port the Constitution and the laws of the United States and of the State of Colorado, and the Charter and the ordinances for the Town of Avon, and that he will faithfully perform the duties of the office which he is about to enter. Section 6. Saving Clause. It any part, section, sub- section, sentence, clause or phrase of this ordinance or any additional procedures, rules or regulations adopted hereunder are for any reason held to be invalid, such decision shall not affect the validity of the remaining sections of this Ordinance or any additional procedures, rules or regulations adopted hereunder; the Town Council hereby declares that it would have passed this Ordinance and adopted those procedures, rules and regulations hereunder in each part, section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases or any procedures, rules or regulations adopted hereunder be declared to be invalid. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this ordinance is necessary for the preservation of the public health, peace, welfare and safety. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED THIS DAY OF , 1979. TOWN OF AVON By. Angelo V. Alpi, Mayor ATTEST: Carol Richards, Acting Town Clerk INTRODUCED, READ ADOPTED AND ORDERED PUBLISHED THIS DAY OF , 1979. TOWN OF AVON By: Angelo V. Alpi, Mayor ATTEST: Carol Richards Acting Town Clerk