TC Minutes 11-27-19900 •
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD NOVEMBER 27, 1990 - 7:30 P.M.
The regular meeting. of the Avon Town,'Counci-l 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 Jerrry,Davis•at 7:40 p.m.
A roll call was,taken with Albert"Reynolds', Gloria'McRory, Jim
Stovall and Tom Ptach.present. Councilmen David Garton and Mike
Bennett were absent. Also present were Town Attorney John Dunn,
Town Manager Bill James, Director of Engineering Norm 'Hood, Director
of Municipal Services.Larry Brooks, Director of Community Development
Rick Pylman, Fire Chief Charlie Moore, Police Chief Art Dalton, Town
Clerk Patricia J. Doyle, as well as, members of the press and public.
The Mayor called for Citizen Input.
There being no one wishing to be heard, the Mayor closed that portion
of the agenda.
Second reading of ORdinance No. 90-18, Series of 1990, AN ORDINANCE
AMENDING THE WILDRIDGE SPA PLAN BY THE TRANSFER OF ONE RESIDENTIAL
DEVELOPMENT RIGHT FROM LOT 87, BLOCK 1, WILDRIDGE SUBDIVISION, 2431
OLD TRAIL ROAD, TO, LOT 89, BLOCK 1, WILDRIDGE SUBDIVISION, 2485 OLD
TRAIL ROAD, AND BY AMENDING THE LAND USE OF LOT 89, BLOCK 1, WILDRIDGE
SUBDIVISION FROM MULTIPLE FAMILY USE TO THREE DUPLEX LOTS.
Be it noted that Councilman Stovll stepped down due to conflict of
interest.
Rick Pylman stated that the ordinance had been amended to reflect that
any proposed change to the built environment of Deer Ridge, including
the color,.fencing and landscaping be reviewed by the Planning and
Zoning Commission with careful attention paid to the compatibility of
the whole project.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard, the Mayor closed the public hearing.
The Mayor offered the ordinance to the.Coundii for discussion. There
being no discussion, the mayor entertained a roll call.
Those Councilmembers voting aye were Albert Reynolds, Gloria McRory
and Tom Ptach. There were no nay votes. The motion was carried with
Councilman Stovall abstaining.
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Resolution No. 90-53, Series of 1990, A RESOLUTION APPROVING FINAL
PLAT OF LOT 89, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO.
Be it noted that Councilman Stovall stepped down due to conflict of
interest.
Rick Pylman stated that this resolution would approve the final plat
for Ken Sortland's project subject to:
1. The Completion of technical corrections as identified by the Town
Engineer.
2. The completion and execution of all certificates to the satisfaction
of the Town Attorney and the review of the Townhouse Declarations by
the Town Attorney prior to filing with the Clerk and Recorder of Eagle
County.
Councilwoman McRory moved approval of Resolution No. 90-53, Series of
1990. The motion was seconded by Councilman Reynolds and was carried
with Councilman Stovall abstaining.
First reading of Ordinance No'. 90-19, Series of 1990, AN ORDINANCE
AUTHORIZING THE ISSUANCE OF THE TOWN OF AVON, COLORADO GRANT
ANTICIPATION NOT, SERIES 1991, IN A PRINCIPAL AMOUNT NOT TO EXCEED
$2,000,000; PROVIDING DESTAILS CONCERNING THE NOT, ITS FORM, SALE AND
FUNDS RELATING THERETO; PROVIDING FOR THE REPAYMENT OF THE NOTE; AND
PROVIDING ALL OTHER DETAILS RELATING THERETO.
Bill James stated that the Council should recall that the funds from
the State of Colorado (3.4 million) will not be available.until after
July 1, 1991. Thus, there will be a cash flow short-fall of
approximately $2,000,000 from January 1, 1991 till August 1, 1991, when
the Town will be reimbursed by the State. In usual liaison terms, this
is referred to as a Line of Credit, but for municipal pruposes (local
Charter)it is referred to as "Grant Anticipation Note"). He stated
that the terms of the Note were as follows:
1. Amount not to exceed $2,000,000 in the current fiscal year, January
1, through December 31, 1991.
2. Funds to be used for the Railroad project only.
3. Organization Fee 1%.
4. Interest Rate.(to be confirmed at a later date).
Councilwoman McRory moved approval of Ordinance No. 90-19, Series of
1990 on first reading. The motion was seconded by Councilman Reynolds.
The Mayor called for a roll call.
Those Councilmembers voting aye were: Albert Reynolds, Gloria McRory,
Jim Stovall and Tom Ptach. There were no nay votes. The motion was
unanimously carried.
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Next on the agenda was a request for Independent Audit Review of cash
receipts, cash disbursements, payroll, cash and investments by the
Town's independent auditors.
Bill James stated that the Council had authorized the Town Manager
to change the check approval process for both Accounts Payable and
Payroll. As a result, he had requested that VanSchooneveld & Company,
Inc. make sure that the Town had adequate internal controls. Mr.
James requested that the Council authorize the Town Manager to implement
the accounting and investment recommendations as outlined in Van
Schooneveld's letter dated November 19, 1990. (See attached to these
minutes).
Councilman Ptach moved to authorize the Town Manager to implement the
accounting and investment recommendations as outlined in the letter
dated November 19, 1990 & Company. The motion was seconded by Councilman
Stovall and was unanimously carried.
Next on the agenda was a request for authorization to use the money
awarded to the Avon Police Department by the Eagle County High Country
Drug Task Force.
Art Dalton stated that on July 30, 1990, the High Country Drug Task
~F-rce awarded $12,500 to the Avon Police Department due to their
participation in the Task Force. The money was acquired from a four
million dollar seizure from suspected drug dealers. He stated that the
money can only be used for enhancing law enforcement operations
against drugs. Art Dalton was requesting equipment for the police
department with those monies. (See memorandum attached to these minutes).
Councilwoman McRory moved to authorize the Town Manager to amend the 1991
budget to purchase the items listed in the memorandum dated November 20,
1990. The motion was seconded by Councilman Reynolds and was unanimously
carried.
Next on the agenda was discussion in respect to the comtint of a possible
violation of an Election Law, which was filed with the County Clerk and
Recorder. This complaint was in regard to the T.V. Translator System.
John Dunn stated that he had responded to the complaint which was as
follows:
1. The first complaint related to a flyer which was mailed by the Town.
The advertisement was placed in the paper with the Town's name in-
advertently left off the flyer.
2. The second complaint dealt with the expenditures of monies not being
authorzied by the Council. This was false, because the expenditures
were approved by the Council by Resolution:No. 90-34, Series of 1990.
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The Mayor reviewed the various committees that the Councilmembers
would be assigned to throughout the year. (See attached to these
minutes).
The Financial Matters were next presented to the Council.
Councilman Stovall moved to receive items #1 through #2. The motion
was seconded by Councilwoman McRory and was unanimously carried.
Councilman Stovall moved approval of the General Fund of Accounts
Payable for November 27, 1990. The motion was seconded by Councilwoman
McRory and was unanimously carried.
Councilman Stovall moved approval of the Reconciliation Sheet of
Accounts Payable,for November 27, 1990. The motion was seconded by
Councilwoman McRory and was unanimously carried.
Councilman Stovall moved approval of the November 13, 1990 Council
Meeting Minutes as presented. The motion was seconded by Councilwoman
McRory and was unanimously carried.
The Council appointed Patricia Dixon to the Planning and Zoning
Commission. Ms. Dixon would take the seat of Terri Jeppson. Her
term would expire May 1, 1991.
There being no further business to come before the Council, Councilwoman
McRory moved to adjourn into executive session. The motion was seconded
by Councilman Ptach. The meeting was adjourned by Mayor Davis at
8:16 p.m.
The Council then retired into executive session.
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APPROVED':
UAN SCHOONEVELD 11/20/90 16=32 P.02
an
principals
ehooneveld. and Co., Inc. Jack C. Schroeder
Certified Public Accountants Larry R Beardsley
Richard X Carlson
November 19. 1990
Mr. Bill James. Town Manager
Town of Avon
P .O. Box 975
Avon. Colorado 81620
Dear Mr. James:
At your request, we have applied the procedures enumerated below with respect
to the control procedures related to the cash receipts, cash disbursementA.
payroll and cash and investment cycles of the Town of Avon as of, November 1.
1990. It is understood that this report is solely for your information and is
not to be referred to for any purpose or distributed to anyone who is not a
member of management of the Town of Avon.
Procedures performed were as follows:
1. We made inquiries of the Finance Director and Finance Officer and
completed control procedures questionnaires for the following accounting
cycles:
A. Cash receipts
b. Cash disbursements.
C. .Payroll
d. -Cash and investments
2. We read the Town's draft "Cash Deposit/Investment__Policy".
Our findings and comments, are as' follows:
CASK RECEIPTS
Cash receipts are sent directly to the'Accountiag Assistant 1 for entry into
the cash receipts computer system and then forwarded to. the Accounting
Assistant 2 where the receipts are restrictively endorsed and prepared for
deposit. In order'to strengthen control procedures related to cash receipts,
we suggest that the individual who opens the mail restrictively endorse each
check prior to turning the checks over to tha Accounting Assistant 1. This
will-provide an additional control to insure that all checks received are
properly credited to the Town's bank account.
5995 Greenwood Plaza Blvd., 9200 Englewood, CO 80-111-4714 (303) 7794000 FAX 770-9276
® VAN SCNOONEVELD 0 11/20/90 16:32 P.03
Page Two
Mr. Bill James
November 19, 1990
CASH DISBURSEMENTS-AND PAYROLL
A listing,oU prospective accounts payable checks is reviewed and approved by
the Town Manager and, the 'town Council prior to payment. -Payroll checks are
reviewed and approved by the Town Manager and the Finance Officer prior to
payment. Following the review and approval process.,the Finance Officer
prints the checks and-retrieves the signature stamp from the-Town Manager (the
Town Manager is-the. authorized signor on the Town Ia general checking and
payroll accounts and has mole custody of the signature stamp) and stamps the
checks. The accounts-payable checks and payroll checks are then mailed and
distributed by the Accounting Assistant 2.
In order to strengthen control- procedures related to cash disbursements and
payroll, we suggest that a person independent of the check preparation process
compare the printed checks to the approved listings as part of check signature
stamping process and distribute (mail the checks).
CASH AM INVESTMENTS
Any two of the following:
Town Manger
Town Clerk
Finance Officer
Accounting Assistant 2
are authorized to execute both interbank and inteabank transfers. In order to
further safeguard the Town's cash and investments* we suggest that the policy
be revised so.that the Finance Officer and the Accounting Assistant 2.
together, cannot execute a transfer. This will allow for at-least one
individual independent of the daily financial activities to review a bank
transfer.
CASH DEPOSIVINVESTMENT POLICY
Introduction
The statement "safety-deposita not to exceed insurance level of $100.000 per
inatitution° should be revised to reflect the Town's policy.of having more
than $100,000 at an institution; providing that satisfactory compliance with
the Public Depository Protection Act is provided to the Town.
The statement ".an even distribution between cash deposits, investments, etc.
and Treasury.Bills- should be deleted. to allow the Town greater flexibility
is malting their investment decisions.
Acceptable Instruments
The reference to COLOTRUST should be revised to allow for investments pools in
general so that the Town is not limited to one investment pool.
VAN SCHOONEVELO • 11/20/90 16:33 P.04
Page Three
Mr. Bill James
November 19. 1990
Depositories
We suggest that a_ reference be added to the policy stating, whenever possible.
any investments the Town purchases be held by the Town or its agent (First
Bank of Avon) in the Town's name.
QUALIFYING INSTITUTIONS
Thin, policy should be expanded and a paragraph added between the second and
third paragraphs which requires institutions that the Town has amounts on
deposit in access of federal insurance levels to provide the Town with copies
of financial statements and filings with the Commissioners of Banks and
Savings and Loan Associations regarding compliance with the Public Depository
Protection Act on a monthly or quarterly basis.
Because the procedures-noted above do not constitute an audit made in
accordance with generally accepted auditing standards, we do not eapreas,en
opinion on any of the items referred to above. Had we performed additional
procedures or had, we made an audit of the financial statements in accordance,
with generally accepted auditing standards,, matters might have come to our
attention that vwould have been reported to you. This report relates only to
the items specified above and does not astend to any financial atatements of
the Town of Avon taken, as a whole.
Certif3sd Public Accountants
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TO: The Honorable Mayor and Town Council
FROM: William D. James, Town Manager
DATE: November 20, 1990
SUBJECT: Independent Audit Review of Cash'Receipts/
Cash Disbursements/Payroll/Cash & Investments
RECOMMENDED ACTION: Authorize the Town Manager to implement
the accounting and investment recommendations as outlined
in the November 19th letter from Van Schooneveld &7'Compang7,-Inc.
PURPOSE:
The Council authorized the Town Manager to change the
check approval process for both accounts payable and payroll.
As a result, I requested that Van Schooneveld & Company, Inc.
(the Council's independent auditors) to make sure that. we had
adequate .internal controls.
The attached letter makes some recommended changes to our
accounting and investment process
AVON POLICE DEPARTMENT
INTER-OFFICE MEMORANDUM!
DATE : ; Ec•: emb-or Z O. 1-7--7-0
TO: Dill Jame=. T,ct-an hanacer
FROM: Art -Da? ton, Chief or' Pclica;z
SUBJECT: Reoue_t for authori_ation'to use money awarded to the Avon
F`oiica Deoartment'by the Eagle County High Country Drug Task Force.
Action recommended: Resolution to authorize' the Town.'Managers to amend
the 1991 Budget to purchase the items listed below from the $1E.500
drug money awarded to,the Police Department.' (Items already approved
in the 1991 budget include $2,500 to Drug Free Eagle County Committee
and $83-00.00 for 3 pair of binoculars.)
Background information: On July 30, 1990 the High Country Drug Task
Force awarded $1E.500 to the Avon Police Department oue to our'
participation in the task force. The money came from a four million
dollar seizure from suspected drug dealers.. The money can only be used
for enhancing law enforcement operation against drugs. This includes
eau:.pment, training and education.
Requested equipment:
1. Eight 35 mm Pentax 10 zoom automatic crime scene cameras.
Cost 1na.i1!; each. Includes ohotolife batteries.
Total $1,328.00.
2. Eight Tundra AF carrying cases for cameras. Cost $2.00 each,
Total $h4.0!!.
3. One Panasonic full-size video camera with 10>.-* zoom lens., macro
attachment, shotgun microphone, a>.:tra battery pack., clip-on flood light
and blank VCR tapes.
Total cost $2.000.00.
4. Eight pair of Jason Perma-Focus 10 power binoculars: Cost $99.00.
Total cost $800.00
5. Eight Earphone and microphone headsets for existing portable police
radios. Cost $75.00 each.
Total cost $600.00.
6. Fifteen cubic foot refrigerator to be used for evidence requiring
refrigeration prior to analysis.
Total cost $800.00.
7. Three cellular telephones, model U.S. West 9000, with extra battery
pack and'two A.C. charging units each. Cost $300.00 each.,
Total cost $2,400.00.
3. We would like to place 1,!li_tt?.~~~► in the,Police Department safe to
use to pay informant.. undercover drug buys when necessary and
investigative expense=- when warkina with informants. The Chief of
rotica would maintain e<:penses records on all .e:::pendi,,ures made irom
this account.
9. All remainipmoney would be used to sen0two officers to
speciati-zed.drug investigation classes not provided for in the 1991
Budget. Total $1,008.00, but could be a little more depending on
e.,penses .
10. $2,500.00 is donated to Drug Free Eagle County in the 1991 Budget.
The expenditures listed would use all of the $12,500,00 we received
from the High Country Task Force. The requirements set out by the
courts 'for the use of the forfeiture money allowed for all exD enditures
as listed.
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List of Committees that Council has been appointed to:
Mountain Man Triathlon
Vail Valley Marketing
CAST
CML(executive Committee)
Northwest Colorado Council
of Governments (NWCCOG)
Housing Committee
Resort Association Board
Special Events Committee
(Vail Marketing)
Special Events Committee
(Resort Association
Vail Valley Foundation
(Organizing Committee)
Berry Creek 5th Filing
Vail Valley Community T.V.
Transportation Task Force
Jim Stovall
Jerry Davis
Mayor
Mayor
David Garton
David Garton & Albert Reynolds
Gloria McRory
Jim Stovall & Tom Ptach
Albert Reynolds & Tom Ptach
Jim Stovall
Gloria McRory & Jim Stovall
Jerry Davis
Jerry Davis & Tom Ptach
Valley-Wide Marketing
(Funding Committee)
Avon Arts Trust
Jerry Davis
Gloria McRory