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TC Minutes 08-28-2006MINUTES OF THE SPECIAL MEETING OF THE AVON TOWN COUNCIL HELD AUGUST 28, 2006 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. _ Mayor Ron Wolfe called the meeting to order at 1:30 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, and Amy Phillips. Brian Sipes & Tamra Nottingham Underwood were absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Asst. Town Manager Jacquie Halburnt, Town Clerk Patty Mc,Kenny, Town Engineer Norm Wood, and other Avon staff members. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST There was no conflict of interests related to the agenda item. UNFINISHED BUSINESS John Dunn, Town Attorney, presented the Stone Creek Elementary School topic, discussion on the $250K restoration bond that is required per the lease agreement. He recited a number of facts surrounding the situation at this time: ■ The Town & School entered into lease agreement dated July 1, 2006 and expires on June 30, 2007 ■ The School has borrowed over 1 M from Wells Fargo • The amount of principal payments due & the monthly payments due to Wells Fargo ■ The Wells Fargo note is secured by a Commercial Security Agreement covering a Nortex Modular Complex ■ Wells Fargo made the loan in part in reliance on the School's agreement with the State of Colorado, which guarantees revenue sufficient to cover loan payments The cost of the removal of the modular if $100,000 and the balance remaining is for site restoration. The item under consideration at this meeting is the lease requirement of a restoration bond in the amount of $250,000 and the right-of-way permit that requires that the bond be provided to the Town no later than last Friday (8/25/06), so at this time the ROW permit is expired and the school is in default of the lease agreement. It was noted that formal notice of this default had not yet occurred and was typically completed by staff. To date no insurance has been provided by the "school: As well, no update has been provided outlining current enrollment at the school, including the numbers of at risk students enrolled. Bill Hammer, President, Stone Creek Elementary School Board, submitted the insurance certificate for the property. He noted that the Board agreed to fully comply with'the $250K letter of credit within the allotted curing timeframe. It was noted that engineering estimates have been obtained regarding site restoration. Council McDevitt raised the topic of whether or not another lease could be brought before Council. He expressed his concern over that idea & asked that this lease never come :before any council again. It was noted that there is no real way to prevent the parties from discussing any extensions on this lease. Mr. Hammer noted that the "letter of credit" should-be delivered within 48 hours, hopefully no later than Friday. Discussion ensued on the question of whether or not to shut the construction site down. If the "LOC" is not at the Town offices, it would trigger a stop construction at the site. Suggestions were made as to how to proceed with the default on the lease & the default on the ROW permit. It was suggested that the school be allowed to continue working through 5 PM on Friday and to proceed with sending a default notice to the school per the lease agreement. Mayor Wolfe moved to grant an extension on the ROW permit until the end of day on Friday but that no asphalt or concrete be damaged; Councilor Ferraro seconded the motion and it passed with a three to two vote (Buckley, McDevitt - nay; Wolfe, Ferraro, Phillips - aye; Sipes & Underwood absent). Mayor Wolfe commented on the newspaper quote made regarding "who" was responsible for missing the deadline on the restoration bond; he asked that the school take full responsibility for the effort & the project. Councilor Phillips asked again that the school board work towards getting a new location, as she would not support an extension on the lease. Staff was asked to perform a compliance check on the site immediately. There being no further business to come before the Council, the regular meeting adjourned at 2 PM. RESPECTFULLY SUBMITTED: G ttMc enny, wn lerk APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting August 28, 2006 Page 2 of 2