TC Minutes 10-24-19950
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD OCTOBER 24, 1995 - 7:30 P.M.
A 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 Albert J. Reynolds at
7:31PM. A roll call was taken with Councilors Richard Carnes,
Jack Fawcett, and Celeste C. Nottingham present. Councilors Jim
Benson, Tom Hines, and Judy Yoder were absent. Also present were
Town Manager Bill James, Town Clerk Patty Neyhart, Town Attorney
John Dunn, Police Chief_ Gary Thomas,'Town Engineer Norm Wood,
Director of.Municipal Services Larry Brooks, Director of
Recreation Meryl Jacobs, Fire Chief Charlie Moore, and Director
of Community Development Mike Matzko, as.well as members of the
press and public.
Citizen.Input: Unity through County wide Transportation
Mr. Rob Levine requested Council to take a supportive stand on
the .5% sales tax increase ballot issue, on the election ballot
this November, for transportation.
Mr. Bob McIlveen spoke in favor of the sales tax increase for
transportation and distributed-stickers in favor of ballot issue
Citizen Input: Vail Valley International Holidays / Light Up
Night
Debra, from the Business Advisory Council, a volunteer group that
is part of the Vail Valley Tourism and Convention Bureau,
requested Council to turn the Town's Christmas lights on by
November 16th or earlier. This request was in association with
the Chevy Trucks International Ski Festival and World Cup Ski
Racing.
Cost was discussed. Director of Public Works Larry Brooks
estimated the electrical consumption to be $400 per week.
With Council's direction, Town Manager Bill James stated public
works will get them up as early as possible.
Citizen Input: Eagle Valley Chamber of Commerce Citizen of Year
Benefit / Transportation Request
Ms. Christie Banowetz requested transportation for approximately
80-150 people from Gypsum and Eagle to the Marriott in Vail and
return on December 9th for the annual Citizen of the Year
Benefit. Ms. Banowetz added that Avon has been donating
transportation for at least the last four years and perhaps
longer. Beaver Creek Resort Company used to donate this
transportation and when the Town took over operations, the Town
continued the donation.
Director of Public Works Larry Brooks estimated costs at 20 labor
hours X $50 = $1,000.
Councilor Nottingham motioned to support the Eagle Valley Chamber
of Commerce Citizen of the Year Benefit transportation request
and supply the busses.
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The motion died due to lack of a second.
Mayor Reynolds advised Ms. Banowetz to return with a letter of
request, at next Council Meeting, when more councilmembers are
present.
Citizen Input: Public Hearing on the 1996 Proposed Town of Avon
Budget
Mayor Reynolds announced copies of the proposed budget are
available in the Clerk's office. Mayor Reynolds stated this is a
public hearing and the proposed budget will be reviewed by
Council after receiving public input.
Mr. Ron Blake, assistant executive director for Colorado West
Mental Health Center, requested Council to reconsider not funding
human service programs, including Colorado West Mental Health.
Mr. Blake informed the amount of people served has increased 20%
from last year. And, 27%,of that represents Avon citizens. Mr.
Blake appreciated the support 'in the past and requested $3,000
for 1996 funding: `Mr.' Blake rioted Colorado West-does have an
employee assistance program with the Town of-Avon whereby the
Town pays $2,100 yearly for three free visits per employee.
Councilor Fawcett expressed his support of Colorad.o'West.
Councilor Fawcett apologized to all in attendance that three
council members are not present. Councilor Fawcett stated it is
very hard -for. him to not allow the.. absent 'c`ouncil members to have
a chance to speak. -Councilor Fawcett felt that-..everyone
attending this evening's meeting should come back and attend the
next council meeting when more council members are in attendance.
Councilor Nottingham strongly believed that this is
representative government,-we have a quorum, we have an
obligation to go on with the business of the community and make
our decisions. If those council members can't be here, we still
need to go on with running our community.
Councilor Nottingham motioned to support Colorado West Mental
Health's $3,000 request for 1996.
The motion died due to lack of a second.
Mayor Reynolds felt very strongly that the whole council is
needed. The whole council voted negative on the donation
requests. It should be up to them to make a change.
Mr. Blake stated he would be glad to come back and attend the
next council meeting.
Councilor Nottingham did not want to waste these people's time
and felt Council's obligation to the community . . .
Councilor Fawcett interjected he had a real.problem - if the vote
changed this evening in favor and then the.other members of
council came back and appealed that vote, then we again wasted
these people's time. Councilor Fawcett stated he would rather
have everyone making their personal appeal when the rest of
council are here.
Discussion centered around when and how these people should make
their appeal.
Town Manager Bill James stated the purpose of tonight is to
receive input from the general public on the budget. The council
can weigh that input at future budget meetings. There will be a
final budget presented that council will vote on.
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That vote will be either the first or second meeting in November.
And, again, that gives people-an opportunity to speak, if indeed
there are changes made during the budget process.
Mayor Reynolds reiterated the budget is not completed, yet.
There are items that-have,not been discussed.
Councilor Fawcett wanted to see everyone present their requests
to all the missing council members, as well as the present
council members. Councilor Fawcett felt it would be beneficial
for everyone to return or phone council members anytime and state
their positions.
Ms. Tsu Wolin-Brown suggested Channel 5 give copies of the video
of this evening's meeting to the missing council members for
their review.
Councilor Carnes asked if there was anyone in attendance who
wanted to talk about the other $11 million.
Mr. Bob Moroni, citizen, questioned the philosophy of Council as
to why this funding has been discontinued. The Town of Vail
stated they are discontinuing funding based on the philosophy
that they desire to fund organizations that bring revenue to the
community.
Councilor Carnes stated there very well could be a general
philosophy of the whole council but, the council has not
discussed-such.
Each council member gave their individual philosophies for
distributing contributions of tax dollars to the organizations.
Councilor Fawcett suggested appointing a public committee to make
the decisions of distribution.
Mayor Reynolds mentioned the difficult and time consuming past
selection process of distributing funds. Mayor Reynolds added he
did not want to discourage anyone.
Ms. Jean Reid, representing Bravo! Colorado, thanked the council
for their support of the last six years, in terms of in-kind
transportation. Ms. Reid noted this goes back to the grand-
fathering, when Beaver Creek Resort ran the transportation and
the Town of Avon has continued the in-kind donation. Ms. Reid
asked council for their support in 1996. Councilor Carnes
informed Ms. Reid that council approved in-kind transportation
for Bravo! Colorado but, not the $20,000 cash.
Ms. Toni Berns, managing.director of Food~Resource Center, stated
the council has been very good,to'the-Food Resource Center for 6
1/2 years. Ms. Berns stated Food Resource Center serves Eagle
County and Leadville. No"money is received from Leadville but,
that doesn't- mean'Food'Resource Center-is'going to"stop.feeding
them. Ms. Berns stated she received'a donatio-for $7;000 and
noted she has never seen that amount of money in 6 1/2 years.
Ms. Berns added, she has- done 5,1/2 times, the amount of-food over
last year. ; Ms. Berns ,,stated :she is, proud ;of what -she does
because she cares
Ms. Jennie Wahrer, Eagle County public health nurse and
representing Healthy Babies & Families, stated the Healthy Babies
program is a home visitation program, in existence for
approximately two years. Funding is_limited and has been cut.
Ms. Wahrer asked council to reconsider funding all the health and
human services that are in the county. Healthy Babies served 125
families and 45 families resided in the Town of Avon. There is a
lack of services for children twelve months to three years. Most
families served are at risk families. 62% of clients are Latino.
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Mr. Andy Clark, director of the Vail Jr.--Hockey Club, stated he
will make his remarks short as he is fairly frustrated at the
moment. Mr. Clark stated his intention is to provide the best
instruction for the kids,'regardless of their ability to pay.
The program is open to every kid that wants to learn youth
hockey. Mr. Clark's expectations of council members are that
they have a moral and civic obligation to service the hockey club
and the other organizations. Mr. Clark stated he understands the
value of the guest experience but, he also understands that you'.
have.to take care of your own. That is Mr. Clark's expectation*
of council. Mr.-Clark appreciated the support of council the
last several years. Mr. Clark thought that Town funds should be
used for community services. Mr. Clark questioned if he and
council are part of the same community and are we trying to serve
the same needs? If we aren't, his expectations will be lower.
Mr. Clark is trying to match needs and expectations. Over 200
families participate in the Club, with approximately 30-35o Avon
families.
Councilor Fawcett'.asked how much it costs'a child,-to skate with
the club. Mr. 'Clark stated" it 'depends 'on what 'age they are -
from $250 up to $500. Councilor Fawcett stated a lot of people
can't afford, that ' much. ° Mr. Clark -noted there-As.a scholarship
fund. Councilor..'Fawcett askea..what the-Town of'Vail contributed
to the Vail Jr. Hockey Club. Mr. Clark stated nothing. Vail Jr.
Hockey Club-is just_a,_name, it might as well be the Eagle County
Jr. Hockey-Club,, as-the club even has children:as far away as
Grand Junction.
Ms. Cheryl Paller, representing Eagle Valley Family Center and
the Resource Center, stated most things she wanted to say have
already been said. Ms. Paller stated even if you decide that tax
dollars are not properly spent on health and human services, non-
profit groups, we feel that as an employer, of a number of
people, then it is appropriate for the health and human service
groups to come to you, as we do other employers. When the Avon
Police department has asked for assistance from the Resource
Center regarding domestic violence or sexual assault, the
Resource Center has responded. There were 137 Avon residents
served in 1994 by the Resource Center. Most of those had contact
with the Avon Police Department and therefore, the Resource
Center kept their staff hours down as the Resource Center is
taking care of the victim issues that any law enforcement agent
will tell you they don't want to deal with. Eagle Valley Family
Center - many of the agencies, Colorado West and Literacy
Program, etc, do a lot for employees and their families in the
community. That is one way you could look at it and be
comfortable not spending tax dollars but, being an appropriate
employer. If some of all those dollars spent on marketing - to
tell everybody what a wonderful place Avon is to come and live
and visit - if those dollars were invested in the people of the
community - word of mouth would get you a whole lot more bang for
your buck - you wouldn't need to market what a great place it is
- a healthy community does it's own marketing.
Mr. Curt Krieg, representing Cub Scout Pack 231, stated he was
with Mr. Ted Vigil. Mr. Krieg thanked council for past donations
and asked council to reconsider the Pack's donation request for
1996. Mr. Krieg stated the Pack has grown over the last five
years, from having no Pack to over 100 kids. Mr. Krieg stated
personally his company is.relocating to Avon and will be spending
tax money here. Mr. Krieg thought Avon would be supporting more
of the community organizations. Mr. Krieg is personally
disappointed. Mr. Vigil stated the money has been used for
scholarships to send boys to camp who normally could not afford
it. Mr. Vigil asked council to reconsider.
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Mr. Fred Haslee, representing Buddy Werner League, stated Vail
Associates donates approximately $30,000 annually by supplying
coaches, lift tickets, and'hill time. Kids from second to eighth
grade make up the League. There are approximately 250 kids in
the organization. Mr. Haslee asked council to reconsider the
donation request for Buddy Werner League. Each member must pay
$50,,plus pay for a ski pass. The Vail Recreation District has
scholarships available when someone can't afford a ski pass. The
League limits membership to 250, due to lack of available
coaches.
Councilor Carnes stated the League puts a limit on their
organization and asked if,,the Town should limit their donations.
Mr. Haslee thought the committee idea, that was suggested
earlier, was a great idea. You could say you have X amount of
money and have the committee divide it among X number of groups.
Ms. Tsu Wolin-Brown, representing Eagle Valley Family Center,
mentioned she is involved in several of the agencies represented
and not represented here this evening including Echo Ranch,
Volunteers for Literacy, Eagle Valley Family Assistance Fund,
Salvation Army and the Eagle Care Medical Clinic. Ms. Wolin-
Brown stated the Eagle Care Medical Clinic started out thinking
they would get business support from the community because who
they were serving were employees who didn't have medical
insurance provided for them. This funding hasn't happened. Ms.
Wolin-Brown invited council to look at some of the philosophical
issues that people have touched on this evening. What is the
appropriate use of tax dollars? Is it to maintain a quality of
human existence in the community? Ms. Wolin-Brown questioned the
role of government. Ms. Wolin-Brown reviewed the Gettysburg
Address about government of the people, for the people, and by
the people.
Mr. Bill Bailey, assistant scout master for Boy Scout Troop 231,
asked council to reconsider supporting the Troop. There are
approximately 30-35 boys that are involved. Without the Town's
funding, it will be difficult to purchase an old school bus to
cut down on the amount of parents having to haul the Scouts to
camp, etc.
Mr. Bob Moroni mentioned his confusion of,what.,role government
plays. Mr. Moroni=stated he would hate for the.Towns of Vail
Avon to be perceived as governments and communities that are not
willing to have a charitable heart to fund organizations. Mr.
Moroni would hate for the,AP to pick up that we are spending
$40,000 on fire works and nothing on chari"tabie.contributions or
that we`are=going.to.operate the.recreation center at a$300,000
annual deficit. Mr. Moroni stated he grew up with the YMCA and
now we are building a Taj Mahal and he appreciated that is what
the citizens wanted their tax dollars spent for. Mr. Moroni
questioned whether the citizens were cognizant that it would run
at a tremendous deficit every year. Now what the tax payers are
saying is we would appreciate a minuscule portion of our tax
dollars to be used for social charitable organizations. Mr.
Moroni thought that council members' personal philosophies should
not supersede their obligation to be representative of the
people. Mr. Moroni reiterated the idea of a committee to
recommend, a.percentage for the organizations, to the council.
Mr. Moroni mentioned his participation of the donation process
within the Rotary Club. Mr. Moroni stated, because the process
is difficult, that is no reason to discontinue funding.
Mayor Reynolds interjected that there are a lot of people in Avon
that applauded the council's decision. They are not here tonight
because we have made that decision. A lot of people did not want
council to donate money.
Mr. Moroni stated they should be as vocal as we are. Mayor
Reynolds stated there is no reason because of the decision.
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Councilor Carnes stated he had only one person express madness at
the council's decision to not fund. Most calls were in support
of the council's decision.
Councilor No stated she got all the calls agreeing with
her and Councilor Carnes got all the calls agreeing with him.
Councilor Nottingham added Vail residents wished Vail council
members would support their community.
Councilor Carnes stated he received calls from Vail residents
stating good for you.
Councilor Fawcett stated it is obvious what side you are on and
the ones that support you, call you. Councilor Fawcett received
more comments saying nice going and he replied he really didn't
vote that way. Councilor Fawcett noted he received more calls
saying I'm glad you didn't use tax payers' money for all those
different organizations.
Mr. Moroni expects the council to make a concerted effort to be a
representative of the people who elected you. Mr. Moroni
appreciated the lack of defensiveness that council has towards
this and the ability to non-judgementally listen.
Mr. Marty Jones, garden director of the Vail Alpine Gardens,
suggested council come up with a frame work of what they might
support. A community, as a whole, has a responsibility to
certain types of organizations, primarily human resource oriented
- as a community, not as a town government, not as a council,
but as a group of people who live here together to support groups
such as Colorado West Mental Health, D.A.R.E. program, Echo
Ranch, Food Resource Center, and the Resource Center - those
which•.support the human needs of our community.
Mr. Michael Caccioppo strongly disagreed with the organizations'
views. Mr. Caccioppo commended Councilor Carnes for his letter
that was published in the Vail Daily today. Mr. Caccioppo stated
the organizations have great causes but, they should not be
supported with tax payers' money. Mr. Caccioppo felt government
should be delivering on three issues; police, fire, and roads.
It-is not government's responsibility to determine who the
charities will be given to. Mr. Caccioppo thanked Council for
their decision and requested stick to your guns. They are very
-bright people and they.are capable of finding other ways to get
'funded but, this'is not the appropriate forum.
Ms. Paller mentioned Eagle County's Human Resource Council - they
make recommendations to the County Commissioners.-
Councilor Carnes felt it sad that no one.asked about the $11.1
million budget, other than the donations. Councilor Carnes
stated.the.organizations' worthiness has never been questioned.
Councilor Carnes-felt it unfair that the seven members of Council
decide who gets what. Councilor Carnes stated if you come back
here in two weeks, please do not tell us how great your
organization is; we are not questioning that.
Councilor Nottingham stated she was comfortable representing the
community organizations. Council must make choices to spend the
entire budget and Council can make organization choices, too.
Mayor Reynolds stated Council is going to review the budget; it
is not a done deal, yet. If the groups want to come back to
another Council meeting, they are certainly welcome.
Council recessed at 9:32pm and reconvened at 9:44pm.
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Ordinances:
Second;Reading of Ordinance No. 95-22,. Series of 1995, AN
ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 83-21, PUD
DEVELOPMENT PLAN, BENCHMARK SUBDIVISION (WILDWOOD RESORT) TO
ALLOW THE SEASONAL SALE OF CHRISTMAS TREES ON LOT 1 AND THE
STORAGE OF TREES AND NURSERY STOCK THROUGH JUNE 1996 ON LOT 2,
WILDWOOD RESORT, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mayor Reynolds announced this is .d public hearing.
Councilor Fawcett motioned to approve, on second reading,
Ordinance No. 95-22, Series of 1995. Councilor Nottingham
seconded the motion.
Mr. Marty Jones clarified he could get set up prior to
commencement of the selling of the Christmas trees. Christmas
tree sales begin November 15th. Town Clerk Neyhart reminded Mr.
Jones he would need a business license and sales tax certificate.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
Unfinished Business: Update on the Haunting
Special Events Coordinator Alastair Lyall gave an update on the
Town of Avon's Haunting to take place on Saturday, October 28th.
Unfinished Business: Transportation Gas Service Provider
Mr. Jim Adams updated Council on Public Service Company's
assistance to the Town in locating a gas transportation service
provider for the recreation center. Mr. Adams informed gas
transportation service is'another tariff service that Public
Service provides to their'end use customers. Mr. Adams estimated
the recreation center will use approximately 15,000 mcf on an
annual basis and therefore makes sense to buy your gas from
someone of-her than Public.Service and then have Public Service
transport the gas to the facility for you. Mr. Adams recommended
H S Resources, a Denver firm. H S Resources also exists on the
western-slope, near Rifle, and Avon's gas will come from the west
slope. Mr. Adams estimates a savings of $18,000 annually from
what the Town would have paid Public Service for the natural gas
and by'buying it through the third pasty. There will be two
contracts; one,-to purchase the gas-with H S Resources and one to
transport the gas with Public Service Company. Mr. Adams
suggested the "burner tip" contract with'H S Resources, so that
the Town will only receive one bill, including;Public Service's
charges, from'H~S Resources. Public Service is supplying the gas
to the recreation center presently. We are just not saving the
money, until,the contract.with,H S Resources is.sighed.., Although
the Town will..be.delegating the payment of the bill to some other
entity, the.ultimate"user.'of the'prroduct is--still responsible for
the payment of the bill. If H S Resources suddenly goes south
and takes the money the Town has paid to pay Public Service, then
Public Service would.go after the Town for payment. Contract
language was discussed. Mr. Adams thought the Town may want to
sign both contracts, instead of the "burner tip" contract to
ensure the bills get paid.
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New Business: Railroad Abandonment Meeting
Town Manager James announced there are a couple of meetings
coming up on the railroad abandonment; one is tomorrow night at
7pm in the Edwards Elementary School and the other is scheduled
for November 9th at 7pm in the Edwards Elementary School.
New Business: Vail Valley Foundation Contract / 1995 Chevy
Trucks International Ski Festival & 1996 American Ski Classic
Town Manager James stated $30,000 is for the Chevy Trucks
International, as well as the 1996 American Ski Classic. The
$29,200 is for the 1999 World Ski Championships. Town Manager
James requested authorization to have the mayor sign the
contract.
Council's consensus was to wait until more council members are
present to vote on this matter.
New Business: Great Colorado Payback Contract
Town Manager James informed this is for any unclaimed checks that
the Town may have outstanding. This year there are two uncashed
payroll checks; one in the amount of $63.47 and the other in the
amount of $278.06. This money is remitted to the State; they
hold it and try to find the owners of the money. If it is not
claimed, the State retains the money.
Councilor Nottingham motioned to approve the Great Colorado
Payback Contract involving these two checks and authorize the
Mayor to sign it. Councilor Fawcett seconded the motion. The
motion carried with Councilor Carnes opposed.
New Business: Wolcott Springs Fire Contract
Fire Chief Moore informed this contract is for the Wolcott
Springs subdivision, located below Bellyache Ridge. Wolcott
Springs is a resubdivision of two parcels into three. The County
is requesting proof of fire protection services, before approving
subdivisions. It is the applicant's intent, that if the
subdivision is not approved, the contract become null and void
and this language needs to be added to the contract.
Councilor Fawcett motioned to authorize the Mayor to sign the
contract between the Town of Avon and Wolcott Springs for fire
protection services with the addition of a paragraph that should
the County turn down the subdivision, by December 31, 1995, the
contract is null and void. Councilor Nottingham seconded the
motion and the motion carried unanimously.
New Business: Spacemaster Contract for Public Works Facility
Director of Public Services Larry Brooks stated the Spacemaster
International contract is for the modular complex at the Swift
Gulch public works site.
Councilor Nottingham motioned to authorize the Mayor to sign the
required modular building contract document with Spacemaster
International in the amount of $225,643. Councilor Carnes
seconded the motion and the motion carried unanimously.
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New Business: Holy Cross Elect. Assn. Contracts for Swift Gulch
Councilor Nottingham motioned to authorize the Mayor to sign the
required agreements with Holy Cross Electric Association for
electric service to Swift Gulch with the approval of John Dunn,
Town Attorney. Councilor Fawcett seconded the motion and the
motion carried unanimously.
Town Attorney Report:
Town Attorney John Dunn commented on the ADA complaint regarding
enrollment of a child in the before and after school program. As
a result of that filed complaint, about a year ago, the Town was
contacted by the Department of Interior and directed to hold a
self evaluation to determine compliance of the before and after
school program. A report of the self evaluation was made to the
Department of Interior. Last week the Department called seeking
more information. Attorney Dunn's impression was that the file
with Department of Interior is being closed. Councilor Fawcett
mentioned the same couple is involved in a similar case in Summit
County.
Other Business:
Councilor Nottingham announced this is Red Ribbon Week - Be
Healthy and Drug Free.
Consent Agenda:
a.) Approval of the October 10, 1995 Council Meeting Minutes
b.) Financial Matters
Councilor Fawcett motioned to approve the Consent Agenda.
Councilor Nottingham seconded the motion and the motion carried
unanimously.
Adjourn:
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Nottingham
moved to adjourn. The motion was seconded by Councilor Fawcett.
The meeting was adjourned by Mayor Reynolds at 10:34PM.
PECTFULLY SUBMITTED:
CMC
Patty NeyharN
Town Clerk
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