TC Minutes 07-14-1992•
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JUDY 14, 1992 - 7:30 P.M.
The regular meeting of the Avon 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 Jerry Davis at 7:32p.m.
A roll call was taken with Councilors Charlie Gersbach,_John
Hazard, Tom Hines, Celeste Nottingham, Derek Pysher, and Albert
Reynolds resent. Also present were Town Attorney John Dunn, Town
Manager Bill James, Director of Engineering Norm Wood, Director of
Municipal Services Larry Brooks,'Director of Community Development
Rick.Pylman, Police Chief Art Dalton, Fire Chief Charlie Moore,
Recreation Superintendent Meryl Jacobs, Public Relations Officer
Teresa Albertson, Town Clerk Patty Neyhart, as well as members of
the press and public.
First item on.the Agenda,was Citizen Input.
State Representative Danny Williams presented the statewide
initiative to raise the Colorado sales tax.
Rep.- Williams thankedCouncil for the opportunity he has had in
working for'the Town as Representative and complemented Council's
helpfulness.
Rep.; iWilliams informed he' ;is not asking Ifor'Council's support on
this initiative;-just-here to give his perspective. Rep.
Williams cave history of how the initiative 'has come 'about'. Rep.
Williams informed statewide tax payers did not support public
schools at one time. There were,thousands of school districts
that acted much like special districts and levied taxes and funded
schools. At one point in time, Colorado decided they should help
support, with general/broad taxation, Colorado's public schools.
In the late-50 s and early 60's a concerted effort was made by,the
Legislature to mandate consolidation.of the Districts.. The
consolidations did occur and Eagle County's consolidation is known
as RE50J. In 1988, the Legislature adopted a New School Finance
Act to change the funding proposition through out Colorado. The
reason was in response to a lawsuit whereby, the plaintiff argued
that the State was not making equitable contributions to school
districts across the State, therefore equal,opportunity in each
school district did not exist. The 1988 Act tried to recognize
that there are school districts with similar needs and similar
spending initiatives; thus creating a variety of different kinds
of school districts such as urban, suburban, small attendance.
The 1988 Act also suggested establishing a state share and a local
statewide share of local property taxes to have some
predictability of the state share and to try and stabilize or
reduce statewide local property taxes and increase statewide
taxes. In 1988'the Legislature recognized the need to progress
with standards; students being prepared consistent with the amount
of dollars being put into the program. Rep. Williams did not
support the 1988 Act and still opposes it As it'has been very,
punitive on Districts like Eagle County. The result of the 1988
Act was that Eagle County is totally reliant on property taxes to
fund it's K-12 educational experience.
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This put a ceiling on the expenditures on this District, so that
they could find equity throughout the State. The dilemma of
education is not focused on how to provide a better product, it is
focused on what we can afford and who is going to pay. The 1988
Act in trying to stabilize property taxes and fund what was
promised in 1988 has caused a crisis. The Legislature has since
failed to fund the Act. Now, the funding crisis is approximately
$300-$400 million dollars; a shortfall to fund the law. We could,
simply not fund those promises with cuts across the State, however_
some Districts will be hurt more than others and to keep current
funding we still need to produce the $300-$400 million and to fund
excellence in education the sky would be the limit.
After the 1992 Legislature session concluded and they were still
unable to find a funding solution, Governor Romer proposed a
statutory initiative that the public could vote on, which is the
Children's First Act. This will raise the state sales tax from-3%
to 4% generating approximately $300 million annually. For the
first time there is a concerted effort to tell the people of
Colorado where the money will be spent. Standards will be set and
innovative ways will be looked at for more efficiency in
administration to programs.
Rep.- Williams stated he does support the initiative because he
feels the government is responsible for education and funding,is
part of the solution. Rep. Williams added there are lots of ways
funding could have been done, however Governor. Romer chose the
sales tax as it has shown to be passable by the voters over other
tax increases. Rep. Williams does not feel the Legislature will
react to finding a solution to this funding problem should this
initiative fail. One solution, should it fail, could be overall
statewide property tax increases.
Councilor Nottingham read from CML newsletter, April, 1992,
"combined state/local sales tax rate in Colorado is among the
highest in the nation, based on data compiled by the US Advisory
Commission on intergovernmental relations as of November, 1990°.
Rep. Williams stated all state taxes combined (i.e. gas, sales,
income, and any other fee or tax that goes to the state) divided
by the population to dive you a per capita tax load; Colorado is'
in the lowest percentile. However, local taxes (i.e. property;
sales, and anything else that goes to the local level) are very,
very high. The combination of the two (state and local) puts us
somewhere in the middle.
Councilor Reynolds questioned if an increase in taxes would hurt
tourism. Red Williams stated he would not have chosen the sales
tax as a resident of Eagle County; he'would have chosen an income
tax. Rep. Williams stated he personally does not look at an
area's taxes prior to planning or taking his vacation.
Rep.. Williams added,Eagle County is not getting,money back in the
RE50J District should this initiative pass. What we would hope to,
get is a stabilized or reduced property tax and real dollars and
growth for education and hopefully a-,better product.
Councilor Hazard noted why vote for something you are not oing to
benefit from; why not defeat this initiative and make the 91.7
million cut's and then do a local level tax for our children.
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Rep. Williams agreed with Councilor Hazard and added that what
would help Eagle County is to secede from the state of Colorado so
we could do away with the School Finance Act. Rep. Williams
added that the statewide premise is that'-there has to be equal
opportunity for every kid within the state; a very poor kid in
Huerfano County'is to receive the same education as.a rich kid in
Vail. This is not necessarily equity; Eagle County residents are
subsidizing with state taxes the poor kids living_in Huerfano
County. However, the State of Colorado is committed to funding
K-12 education with statewide dollars.
Mayor Davis informed he was on the Eagle County School Board when
the law passed and at that time the Board realized this was not
good for Eagle County. Mayor Davis noted this 'is a stop gap
measure, not a solution. The Legislature has not acted so let the
backlash happen. When all the parents and all-the leaders tell
the Legislature to fund it, then property taxes may be what they
decide to do. However in Eagle County there are alot of people
paying property taxes that don't live here, thus-it may-not be as
negative. Mayor Davis noted Avon has current sales tax of over 8%
and lodging tax of 12% and this initiative would not leave us any
room to adjust local revenues.
Councilor Hines echoed Mayor Davis's comments and does not support
the initiative.
Councilor Nottingham questioned if money raised from the increased
sales tax will filter. into Eagle County. Rep. Williams stated he
wouldn't hold his breath; Eagle County is known within the system
as a "rich" District, thus Eagle County doesn't get alot of
sympathy.
Councilor Nottingham questioned the status of the initiative at
the state level. Rep. Williams projected in the House, the
majority of Republican Legislature do not support the initiative
and the majority Democrats do support it. Statewide voters are
not likely to pass any tax increase, no matter what it would be
for.
Ms'. Diane Paradis, Director of Finance for the School District,
discussed the school budget. Eagle County school budget is set
until.July, 1993 . In the last year, the School Board has cut $1
million. Those cuts include: 1/2 of equipment/technology,
limited the salary.increases to 3%, 1/2 summer school program,
closed Red Cliff and McCoy Schools, are presently charging for
athletic fees, and 10% was cut from the athletic budget. The next
round of cuts would hit art, music, and physical education, and
possibly class sizes. 80% of the bud et is salary and benefits.
Current General Fund budget total is 16.3 million. The school
board is seeking additional revenue opportunities locally,
possibly an override election to bring-$700,000 annually;
transportation election to bring $600,000; collection of asbestos
removal - expenses incurred.
Mayor Davis suggested the sale of school land,and that the Town.of
Avon would possibly-be interested in buying some of the property.
Ms. Paradis informed the Property Task.Force Committee 1s
recommending to the School Board that approximately 10 parcels be
offered for sale.
Mr. Jamison Smith, hopeful successor to Danny Williams, informed
he is carrying a petition for Governor Romer's initiative as his
show of support. Mr. Zmithx,stated the School Finance Act should
be junked,-.,however this does;need;to be passed to allow time.
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Next on the Agenda was the Goshawk Townhomes.
Goshawk Townhomes cancelled and requested to be on the next
Agenda.
Next on the Agenda was the Post Office Update.
The Post Office officials did not show up. Mr. James mentioned
the final design plans have not been seen and it is understood the
Post Office is seeking bids. Mr. James informed the Post Office
was asked if they would participate in the Streetscape Plan on
West Beaver Creek Blvd. with similar fixtures and they declined
to participate. Mr. James expressed concerns of how the Federal
government comes into a ,local community and takes a position of
not having to adhere to the local planning and zoning issues. Mr.
James informed the Post Office has purchased the property. Mayor
Davis informed that the Post Office officials did go to the Vail
Council and listened to the Vail Council and made a few,changes in
cooperation with those discussions. Mayor Davis would like-to
have that same opportunity and directed Mr. James to keep trying
to get the Post Office officials to come to the Avon Council.
Next on the Agenda was the Railroad Update.
Mr. Tom Britz, Vertical Marketing, informed of the "Good News"
and the "Bad News". The good news is the comprehensive marketing
plan is in place and ready to go;- coordinated with ABCRA, Town
Staff, VRA, and Marketing Board with over $30,000 worth of
trade-out. The bad news is the train can't,run on Labor Day
weekend due to shortage of locomotives and crew. The Leadville
day trip can not run due to the grade and lack of use of tracks.
Mr. Britz suggested a Thanksgiving excursion and sought Council's
direction.
Councilor Nottingham questioned how much money has been spent thus
far. Mr. Britz informed approximately $2-3,000.
Councilor Hines questioned if everything is in place for a
Thanksgiving excursion, would additional money be needed. Mr.
Britz stated that no more money should be needed.
Councilor Reynolds questioned if the train will be promoted as a
ski train. Mr. Britz responded that if it is Thanksgiving it will
be promoted as a ski train.
With Council's consensus, Mr. Britz suggested coming before
Council in approximately one month for an update with regards to
the Thanksgiving train.
Resolution No. 92-22, Series of 1992, A RESOLUTION ADOPTING THE
AMERICANS WITH DISABILITIES PARATRANSIT PLAN
Mr: Larry`Brooks informed on July-26, 1990, the American with
Disabilities Act (ADA).was signed into-law. This Act was
established to "provide a clear and comprehensive national mandate
for the elimination-of discrimination against individuals with
disabilities'
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The Avon transportation system falls under Title II of this-Act,
which requires us to submit a paratransit-plan to the Federal
Transportation Authority (formerly known as UMPTA). To meet this
requirement` Avon, Beaver Creeks Leadville, and Vail agreed to
submit a joint plan. The deadline for submittal of the plan to
the FTA is July 26th. The process took several months to complete
and included several public meetings. Submittal of this plan
requires adoption by-each of the Councils listed above by
Resolution.
Mr. Brooks explained transportation services; fixed route (Avon
routes) and demand response (dial-a-ride in Beaver Creek) and
detailed how'ADA affects both. Mr. Brooks noted new busses will
need to be equipped for wheelchair accessibility. Mr. Brooks
explained the, paratransit plan and explained that a 24 passenger
wheelchair bus is currently available. Vail has one and is
available as a back up to our system.
Councilor Hines questioned whether the six new busses will be
wheelchair accessible. Mr. Brooks confirmed all six will be
equipped.
With no further discussions, Mayor Davis called for a motion.
Councilor Pysher motioned, to adopt Resolution No. 92-21, Series of
1992.✓' Councilor Hines "seconded the motion and the motion carried
unanimously.
Mayor Davis opened the meeting to Citizen In-Put.
Mr."Jeff Townsend, of the Sheriff's office, came before Council to
hear any concerns.
Police Chief Dalton informed his Department has no problems with
the Sheriff's Department.
Mr. Townsend mentioned his concerns of lack of man power within
the Sheriff's Office and added the Sheriff's Office has no
problems with the Avon Police Department. Mr. Townsend stated
there are 24 road deputies with 1,700 square miles to cover with
shifts.
Councilor Nottingham questioned "woodsies/keg parties" penalties
and whether they are only ticketed for parking and/or for under
age drinking. Mr. Townsend responded that each is ticketed for
under age drinking if alcohol is present.
Council's consensus was that the Sheriff's office is doing a good
job.
Next was Unfinished Business.
Mayor Davis requested to discuss the School Finance Act and
questioned what is Council's consensus.
Council's consensus was opposition to the increase in sales tax
and to repeal the 1988 School Finance Act. Mayor Davis and
Councilor Nottingham will work together to revise the Resolution
tabled at the last council meeting.
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Next was New Business.
Ms. Teresa Albertson presented the Town of Avon Public Relations
Master Plan (Plan). The Plan is formatted similar to a Marketing
Plan which includes an executive summary, definitions section, a
section of the current situation, recommended goals, actions to
meet goals, and an annual plan. Ms. Albertson cave highlights of
each section. The Public Relations Master Plan is to be updated
on a yearly basis. Ms. Albertson noted that her job is equally
split between marketing for the Avon/Beaver Creek Transit and
public relations for the Town of Avon and the Plan deals with both
halves.
Mayor Davis suggested, with regards to transportation, an annual
survey and possibly renaming the bus system with a more generic
name.
Councilor Hazard questioned scheduling of the Mayor's Breakfasts.
Ms. Albertson informed the Mayor's Breakfasts are scheduled
quarterly.
Mayor Davis suggested, with regards to the Mayor's Breakfasts, one
be scheduled in the morning and one be scheduled in the evening.
Councilor Nottingham complemented on the ideas of creating a motto
and a press kit. Councilor Nottingham questioned new ideas or
continuation of current actions with regards to two way
communications. Ms. Albertson responded the plan is to continue
the current actions and include proposed new ideas such as the
newsletter, annual report, and Mayor's State of the Town.
Councilor Nottingham questioned $10,000 for survey. Ms.
Albertson informed this survey will be done professionally.
Councilor Hines questioned budgeting. Ms. Albertson stated
$25,000 has been budgeted for the Plan this year. Councilor Hines
questioned the employer/employee bus pass and incentives. Ms.
Albertson received little input last year, but with more output
there is potential for more interest.
Councilor Pysher questioned implementation of the Plan. Ms.
Albertson informed the priorities have been set and will be met;
flexibility is key with unexpected happenings such as "Bob".
Next under New Business was Budget Scheduling.
Mr. James highlighted the Budget Schedule. Budget Sessions and
Goal Setting will be every Tuesday in August and more meetings to
be determined as needed. Budget is scheduled to be adopted
October 27, 1992 and take effect January 1, 1993.
Next was the Mayor's Report.
Mayor Davis mentioned an article in the Denver Post stating
Representatives have passed appropriation of $2.8 million to Eagle
County for 5 busses to meet qualifications for the Clean Air Act
and Americans with Disabilities Act. Mayor Davis added this will
be not confirmed until October.
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Mayor Davis mentioned,a local:control committee, equal protection
campaign-,seeking defeat of,the Bruce Amendment.
Mayor Davis noted an individual donated $25.00 towards the
Fireworks,show.
Mayor Davis announced there is a Transportation Task Force meeting
tomorrow at 8:30am in the Vail Public Works building.
Next was Council Committee Reports.
Councilor Nottingham had nothing to report.
Councilor Reynolds had nothing to report.
Councilor Gersbach mentioned, with regards to the-105 Berry Creek
Acres, a contract has been signed with Shirkie Evans' Group to
manage the equestrian center. Councilor Gersbach-noted that Mr.
Steve Isom proposed an Industrial Park on the Miller Ranch and a
request to consider a trade for a portion of the Miller Ranch for,
a portion of the Berry Creek acreage,-which was not met favorably.
Councilor Hines had nothing to report.
Councilor Hazard commented on the success of the new playground
and noted the 4th of'July was perfect.
Councilor Pysher had nothing to report.
Mayor Davis directed Staff to commemorate Danny William's service
to the Town of Avon with a plaque.
The Financial Matters were next presented to Council.
Councilor Hines moved to receive items #1 thru,#12 and approve
items #13 thru #17. The motion was seconded by Councilor
Nottingham and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines moved approval of the June 23rd Regular Council
Meeting minutes. The motion was seconded by Councilor Pysher and
the motion carried unanimously.
There being no further business to come before Council, Mayor
Davis called for a motion to adjourn. Councilor Remolds moved to
adjourn. The motion was seconded by Councilor Nottingham. The
meeting was adjourned by Mayor Davis at 10:28pm.
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RESPECTFULLY SUBMITTED:
wn Clerk
Patty Neyh.rt,
Iko
APPROVED:
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