TC Minutes 10-26-19826 6
MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON COUNCIL
HELD OCTOBER 26, 1982 - 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 8:00 p.m. A roll call was taken
with Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell, and John Blish present. Greg Gage
was absent from the meeting. Also present were John Dunn Attorney, Town Manager Dick Blodgett,
Town Planner Dick Kvach, Finance Director Bill James as well as members of the press and
public.
First item on the agenda was the reading and approval of the minutes of the October 12, 1982
meeting. John Blish moved approval of the minutes with these corrections: page 3, last
paragraph change "of" to "or" and change "820-19" to "82-19". With those corrections Al
Connell seconded the motion. Those Councilmembers voting aye were: Larry Kumpost, Sheila
Davis, A.J. Wells, Al Connell,.and John Blish. There were no nay votes. The motion was
unanimously carried.
The Financial Matters were next presented to the Council. The Cash Account Balance Sheet
was presented for discussion. A.J. Wells moved approval of the Cash Account Balances. The
motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion
was unanimously carried.
A.J. Wells moved approval of items 2 through 6 regarding revenues. The motion was seconded
by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J.
Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously
carried.
Item #7, the billing of Cosgriff, Dunn and French was then presented to the Council. There
was discussion on this billing regarding the Prosecuting Attorneys time. The charge for the
preparation of the bill was discussed. After discussion John Blish moved approval of the
item #7 (first part) which was the statement from Cosgriff, Dunn and French for professional
services dated September 30, 1982 being in the amount of $585.88. The motion was seconded
by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells,
Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried.
The bill regarding the Wyman litigation was discussed. Councilman Blish stated he had a
problem with the former Council being counseled by the Town Attorney regarding the litigation
of the Wyman case. Councilman Wells stated he felt that the former Council was acting solely in
the interest of the Town and no one else. Councilman Kumpost stated he did not believe that the
former Council received any personal services from the Town Attorney. The Mayor stated that he
felt that the charges that the Town Attorney submitted were justified.
After lengthy discussion Larry Kumpost moved approval of the second part of item #7. The
motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, and A.J. Wells. Those Councilmembers voting nay were: Al Connell and John
Blish. The motion carried.
The National Institute of Municipal Law Officials (NIMLO) was discussed. Some of the
Councilmembers did not agree that the Town should incur the expenses necessary for the
Town Attorney to attend the conference. After some discussion Al Connell moved to deny the
expenses for the conference. The motion was not seconded. The motion did not carry.
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After discussion Larry Kumpost moved approval of the expenses necessary for John Dunn to
attend the NIMLO Conference. The motion was seconded by A.J. Wells. Those Councilmembers
voting aye were: Larry Kumpost and A.J. Wells. Those Councilmembers voting nay were:
Sheila Davis, Al Connell, and John Blish. The motion was defeated.
A.J. Wells moved approval of the Accounts Payable for Nottingham Park and Public Works.
The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion
was unanimously carried.
A.J. Wells moved approval of the Accounts Payable of the General Fund. The motion was
seconded by John Blish. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously
carried.
John Blish moved approval of the Reconciliation Sheet of Accounts Payable of October 26, 1982.
The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry
Kumpost, Sheila Davis, A.J. Wells, Al Connell, and John Blish. There were no nay votes.
The motion was unanimously carried.
Next on the agenda was Citizen Input. The Mayor asked if there were any citizens wishing to
speak before the Council. There were none. The Mayor then continued on to the next item.
Resolution No.#82-27, Series of 1982. John Blish moved approval of Resolution No.#82-27
which was a Resolution concerning the review of performance and salary increase for the Town
Manager. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were:
Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell, and John B"_ish. There were no nay votes.
The motion was unanimously carried.
The Mayor then presented the check of $500 to the winner of the logo contest. The winner was
David M. Lane of Vail, Colorado. It was requested that the logo be registered with the Patent
and Trade Mark Office so the Town would own the rights to the use of that mark. The Mayor
thanked Mr. Lane for his time and effort as well as the other participants of the contest.
Lester Sitter representing the Rocky Mountain Gas Company (RMGC) approached the Council.
He was requesting a franchise to provide natural gas to the Town of Avon. He stated at this
point they have brought gas into the community of Edwards. He stated as of today there were
115 customers. Mr. Sitter and the Council discussed the proposed franchise ordinance. He
stated that the company would be agreeable to a non-exclusive franchise. Mr. Sitter stated
that the Public Utilities Commission of the State of Colorado would eventually issue a
Certificate of Public Convience of Necessity which would authorize one or more companies to
serve the town of Avon. The Public Service Gas Company was also represented at this meeting.
The Mayor then introduced Paul Swift, Attorney. Mr. Swift was representing the Town in this
matter as the Town Attorney had possible conflict of interest.
Mr. Swift asked if RMGC at this time had a Certificate of Authority to serve Avon. Mr. Sitter
stated that they do not have a Certificate of Authority. Mr. Swift discussed Section #19 of
the proposed franchise. Mr. Swift asked if it would be their position that if they entered
into a franchise agreement with the Town and the PUC denied them a Certificate of Authority,
(there would then be an expired franchise), they then would be entitled to essentially come
back into town and tear out all improvements made. Mr. Sitter stated that they had not
confronted that issue.
Mr. Swift stated probably the earliest the Town might expect a decision as to who might
have the Certificated Territory in this case would be probably in the latter part of next
summer or as late as December of next year. The line extension charges were discussed.
Mr. Swift asked if it were essential for RMGC to have the Edwards portion of the facility in
order to serve Avon. Mr. Sitter stated that it was. Mr. Swift asked how close was their
closest facility. They stated that it was at the entrance of Arrowhead.
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It was asked how long would it take them to extend the lines to serve the Town of Avon
in the most compact areas. RMGC stated that it would take approximately 4 to 5 days.
Mr. Swift asked if they (RMGC) would be prepared to file proposed Tariffs for the Council's
review. The answer was yes.
After lengthy discussion Mr. Swift stated that 1) he would like to meet with the Council
and go over any concerns that they might have; 2) The Council should have the benefit of
RMGC's rules and regulations; 3) The Council should have the benefit of Public Service's
proposed franchise and their rules and regulations and compare the two before proceeding
with the enactment of the ordinance.
Mr. Sitter stated that the company would go forward with proceedings of the application
before the PUC.
Councilman Wells stated he would want Mr. Swift to look at the application for the franchise
to see that there was nothing significantly at variance with the present ordinances and
particularly a statement that the company would abide by the Road Cut Ordinance.
Larry Kumpost moved to table the proposed franchise ordinance and requested that Paul Swift
ask for any additional information that he may need to do the comparison of the two companies
franchises and until the Council receives Mr. Swift's written opinion and have a chance to
discuss it among the Councilmembers and respond to both entities. The motion was seconded by
A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells,
Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried.
The fees were discussed of the two companies.
The Council recessed at 10:15 p.m. and then reconvened at 10:35 p.m.
Public Hearing of the 1983 Annual Budget was next on the agenda. The Mayor asked if there
were any comments from the public.
Bruce Wyman suggested maybe the Town contact Beaver Creek to have them contribute toward the
landscaping of Avon Road and the purchasing of goals for the Athletic Field.
Councilman Wells stated he did not think the Town should approach Beaver Creek because they
contributed half of the funds that have built the park to date. Councilman Wells felt that the
developers along Avon Road should participate on the landscaping of Avon Road.
There were no other comments from the public.
The additional 1% sales tax was discussed.
The Town Manager stated that the amount of revenue that would be derived from the 1% sales
tax would be approximately $160,000 for the next year. He stated he felt it was the easiest
way to raise a large amount of money in the most equitable fashion. He stated the transfer
tax as a source of revenue was not as reliable as the sales tax. He stated that if the Council
proceeds in this fashion there would be a new sales tax ordinance prepared.
After discussion A.J. Wells moved approval to adopt Resolution Nc..#82-24 which is the
Resolution to adopt the 1983 Budget. The motion was seconded by Sheila Davis. Those Council-
members voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell, and John Blish.
There were no nay votes. The motion was unanimously carried.
A.J. Wells moved approval of Resolution Nc.#82-23, Series of 1982 which is a Resolution to
set the millage for the 1983 property taxes. The motion was seconded by Sheila Davis. Those
Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell, and
John Blish. There were no nay votes. The motion was unanimously carried.
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Sheila Davis moved to instruct Allan Nottingham to sign the Certification of Tax Levies.
The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost,
Sheila Davis, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion
was unanimously carried.
John Blish moved approval of Resolution No.#82-22, Series of 1982, a Resolution establishing
a Conservation Trust Fund and that a copy be certified and sent to the Division of Local
Governments, Department of Local Affairs, State of Colorado. The motion was seconded by
Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells,
Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried.
John Blish moved approval of Resolution No.#82-25, Series of 1982 with the addition of a
sentence, "When the employment of the said Linda Jean Paradee is terminated by the Town of
Avon for whatever reason, the authority granted hereunder shall immediately expire", and
also including a title which would read "A RESOLUTION APPOINTING A DEPUTY CLERK". The motion
was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila
Davis, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was
unanimously carried.
Resolution No.#82-26, Series of 1982, RELEASE AND REASSIGNMENT OF CERTAIN LOTS IN WILDRIDGE
SUBDIVISION.
Be it noted that A.J. Wells stepped down.
Larry Goad representing Wildridge Company approached the Council. He was requesting approval
of another substitution of collateral. He stated the company would be releasing out four lots
from the large note and Deed of Trust that the Town presently holds as collateral for the
Subdividers Agreement in Wildridge and in exchange for breaking those four lots out into their
own separate notes and Deed of Trust, reassigning those notes back to the Town for collateral.
After discussion the Town Attorney stated that Norm Wood and himself reviewed the release
and the documents attended with the release and found no problem with them.
John Blish moved to pass and approve Resolution No.#82-26 which is a release and reassignment
of certain lots in Wildridge Subdivision. The motion was seconded by Al Connell. Those
Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Al Connell, and John Blish.
There were no nay votes. A.J. Wells abstained. The motion carried.
Councilman Blish reported on the Colorado Municipal League Policy Committee meeting of
October 22, 1982.
The Town Manager reported on categorizing the Petty Cash Fund. After discussion it was
agreed that it was not necessary to itemize the Fund.
The proposal for preserving the redwood on the exterior of the Town Hall was discussed. Mr.
Blodgett stated that he was waiting for another proposal to come in and then would decide
on which one to go with to get the job done.
The Five Year Highway Improvement Plan was discussed. Mr. Blodgett stated that the Town
should go on record to inform the Highway Commission that one of the needs would be landscaping
along Avon Road.
The Council agreed.
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The Public Hearing Notice regarding the Rocky Mountain Airways, Inc., relative to the Avon
STOLport was discussed. This hearing was in regards to emergency medical evacuations at
the STOLport. The hearing is scheduled for November 23, 1982. After discussion the Council
agreed to send Dick Kvach as the Town's representative.
Dick Kvach stated that the DRB was taking a tour of the Town Saturday, November 6th, 1982 at
10:30 a.m. He stated that the Councilmembers were invited to go.
There being no further business A.J. Wells moved to adjourn. The motion was seconded by
Al Connell. The meeting was adjourned by Mayor Nottingham at 11:30 p.m.
Respectfully Submitted:
Patricia J. Doyl Town Clerk
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