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TC Minutes 12-12-1989• 0 MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD DECEMBER 12, 1989 - 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 Nottingham at 7:32 p.m. A roll call was taken with David Garton, Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Community Development Rick Pylman, Director of Engineering Norm Wood, Police Chief Art Dalton, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. Mr. David Hlavac approached the Council. Mr. Hlavac represented the Colorado Seat Belt Network, Inc., a non-governmental, non-profit organization with one goal, which was to reduce the motor vehicle trauma rate. He stated he wanted to present the "Silver Buckle Award" to Chief Art Dalton and the Avon Police Department for their efforts in assisting in getting more people to buckle up in Colorado. The Mayor thanked Mr. Hlavac for his presentation. There being no further Citizen Input, the Mayor closed that portion of the agenda. First reading of Ordinance NO. 89-15, Series of 1989, AN ORDINANCE AMENDING ORDINANCE NO. 89-12 RELATING TO CHAPTER 3.12 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO EXEMPTIONS FROM THE REAL PROPERTY TRANSFER TAX. Bill James stated that over the last several months the Council has reviewed ways in which the Council could enhance affordable housing in Avon. One way would be the exemption of Real Estate Transfer Tax on property that would be owner/occupied in Avon. Another suggestion that had come before the Council was that the Town could exempt $80,000 or some dollar amount of consideration of any sale or conveyance of real property. • • He stated that he had not had a chance to review the proposed ordinance and recommended that the Council approve ordinance No. 89-15 on first reading. He stated that he would come back with some guidelines the first of the year for the Council's consideration. Councilwoman McRory moved approval of Ordinance NO. 89-15, Series of 1989 on first reading. The motion was seconded by Councilman Stovall. There being no further discussion, the Mayor called for a roll call. Those Councilmembers voting aye were: David Garton, Albert Reynolds, Mike Bennett, Gloria McRory, Jim Stovall and Jerry Davis. There were no nay votes. The motion was unanimously carried. Resolution No 89-39, Series of 1989, A RESOLUTION TO SET MILL LEVIES FOR 1990 BUDGET LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1989, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 1990 BUDGET YEAR. Bill James stated that by December 15th, 1989, it was required by law to certify to the County, the Town's mill levy for 1989. He stated that this mill levy was in compliance of what has been proposed in the budget. Councilwoman McRory moved approval of Resolution No. 89-39, Series of 1989. The motion was seconded by Councilman Stovall and was unanimously carried. Resolution NO. 89-40, Series of 1989, A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND AMENDING THE 1989 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 1989, AND, ENDING ON THE LAST DAY OF DECEMBER, 1989. Bill James stated that this would amend the 1989 budget and bring the revised estimates closer to what the Town's actual revenues and expenditures would be for 1989. Councilwoman McRory moved approval of Resolution No. 89-40, Series of 1989. The motion was seconded by Councilman Reynolds and was unanimously carried. -2- Resolution No. 89-41, Series of 1989, A RESOLUTION ADOPTING THE 1990 BUDGET, A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 1990, AND ENDING ON THE LAST DAY OF DECEMBER, 1990. This resolution establishes the adoption of the budget for 1990. Councilman Reynolds moved approval of Resolution No. 89-41, Series of 1989. The motion was seconded by Councilman Davis and was unanimously carried. Resolution No. 89-42, Series of 1989, A RESOLUTION CANCELING THE DECEMBER 26th, 1989 COUNCIL MEETING. Councilman Reynolds moved approval of Resolution No. 89-42, Series of 1989. The motion was seconded by Councilman Garton and was unanimously carried. Mr. James requested that Council meet one day next week if it became necessary. The Council agreed. Next on the agenda was the Agreement of Assumption of Services. Mr. James stated that this Agreement was in regard to fire protection. As of January 1, 1990, the Fire Protection would be performed under the direction of the Town of Avon. He stated that the Avon Metropolitan District has approved the Agreement contingent upon the updated equipment list. Mr. James stated that the Agreement assigns the assests of the Avon Metropolitan District over to the Town of Avon. Councilman Reynolds moved approval of the Assumption of Services Agreement. The motion was seconded by Councilwoman McRory and was unanimously carried. The Financial Matters were next presented to the Council. Councilwoman McRory moved to receive items #1 through #10. The motion was seconded by Councilman Davis and was unanimously carried. Councilwoman McRory moved approval of the General Fund of Accounts Payable for December 12, 1989. The motion was seconded by Councilman Davis and was unanimously carried. -3- 0 0 Councilwoman McRory moved approval of the Reconciliation Sheet of Accounts Payable for December 12, 1989. The motion was seconded by Councilman Davis and was unanimously carried. Councilman Stovall moved approval of the November 28th, 1989 Council Meeting Minutes as presented. The motion was seconded by Councilman Davis and was unanimously carried. Mr. James requested that the Town Council adjourn into executive session in respect to discussion of land acquisitions. Andy Hood, Reporter for the Vail Daily requested that he be able to read a letter from Ed Swanthley, Editor of the Vail Daily in respect to executive sessions. The letter was directed not only to the Avon Town Council, but also to the Vail Town Council and Eagle County Commissioners. The Mayor granted his request. The letter was read in its entirety(see attached to these minutes). Councilman Bennett moved to adjourn into executive session. The motion was seconded by Councilman Reynolds. The meeting was adjourned by Mayor Nottingham at 8:00 p.m. The Avon Town Council, Vail Town Council and the Eagle County Commissioners retired into executive session. RESPFLTFULLY( r \ Patricia J. D: Cler -4- i • Vail Daily December 12, 1989 Members of the Vail Town Council: From time to time, the Vail and Avon town councils and Eagle County Commissioners move to operate in executive session. At times during negotiations, or when conducting legitimately sensitive legal or personnel matters executive sessions are an effective tool of government. These times, however, are few and far between. More often, executive sessions create suspicion among the members of the public excluded from the inner workings of their public officials. The media, as a representative of the public and the principal means by which most people learn of public actions, need to operate without a veil of secrecy intervening. One such secret session apparently is going to take place this evening, concerning "land matters," presumably involving the Edwards recreation site being contemplated by the three governmental agencies named above. The last series of such secret meetings eventually resulted in quite an uproar during the recent election. Not only were secret meetings a bone of contention among candidates, there was something of a small-scale war being waged on our own front pages. There was an honest disagreement concerning what was said at what should have been a public meeting. The public, unfortunately, will never know for sure just exactly what was said during those secret meetings. One public official even criticized a reporter for not having covered the meeting from which we were excluded. Let's learn from that lesson. Public officials and residents alike will benefit from open and free debate conducted in public hearings. There's nothing so secret or damaging that can emerge from meetings to discuss the Edwards property; yet at least a dozen meetings concerning the project have been held in private. The guidelines of state lawseem to dictate that working sessions on the development of the Edwards property should be public. We therefore formally request that tonight's meeting be opened. Sincerely Ed Swartley Editor office is located in the Crossroads Shopping Center 143 E. Meadow Drive, Suite 493 P.O. Box 81 • Vail, Colorado 81658 303-476-0555 FAX 303-476-5268 0 (0o-7