HomeMy WebLinkAbout2011-08-16 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, August 16, 2011
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Acting Mayor Pro-Tem Kevin Foley.
Members present: Kevin Foley, Acting Mayor Pro-tem
Andy Daly
Kerry Donovan
Margaret Rogers
Susie Tjossem
Members absent: Dick Cleveland, Mayor
Kim Newbury, Mayor Pro -tern
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Foley, Acting Mayor Pro-Tem, expressed Council's condolences to Mayor Cleveland and
his family at the passing of Cleveland's father.
The first item on the agenda was Citizen Participation. Mike Cacioppo said he had two
items he wanted to address. First, he felt there was a need for more cell phone towers
in and around Vail and on Vail Mountain. He said this is a safety issue. He said he
wanted the Council to send letters to the major cell phone carriers and grant them the
right to place cell phone towers where they are needed. He said there are cell towers
in existence that look like trees to make them blend in with the surroundings. He said
the second issue was a topic he has addressed before Council for years. He wants the
Council to vote for town board vacancies verbally and not by paper ballot. He wants to
know who voted for which person for each board vacancy. He claimed the Council was
voting by secret ballot.
Mire clarified to Council that they are not voting in secrecy and the way Council
currently votes for board members is appropriate.
Kailey Moore, Vail International resident, asked the Council if four or five pine trees
could be planted on the east side of the Lionshead Transportation Center.
Town Council Minutes for August 16, 2011 Page 1
The second item on the agenda was Resolution No. 12, Series of 2011, a resolution
submitting a ballot question to the registered electors of the Town of Vail at the
November 8, 2011 Regular Municipal Election regarding the use of certain lodging tax
and sales tax revenues, and setting forth details in regard thereto.
Zemler stated the funds remained due to the conference center not being built. The
pavilion is a component of the golf course renovation. He reviewed the three projects
that are proposed to be renovated with the funds: the expansion and improvement of
the clubhouse at the Vail Golf Course and Nordic Center, including a multi -use
community space; field expansion and restroom renovation at the Ford Park Sports
Complex; and Ford Amphitheater improvements, including outdoor seating and
restroom improvements.
Matt Mire, Town Attorney, said on August 2, 2011, Council reviewed a proposed draft of
Resolution No. 12, Series of 2011, submitting a ballot question to the voters for use of
funds collected through the conference center taxes from 2003 through 2005. The draft
ballot language is the same as the ballot question used to poll registered voters. That
language referred to a pavilion at the golf course/Nordic center, which was confusing to
community members who thought there would be a separate building for the pavilion.
At that time, Council directed staff to modify the language for the ballot and the Ballot
Question now reads as follows:
"Ballot Question No. 1
Without increasing taxes, shall the Town of Vail use the remainder of the
one and one-half percent lodging tax revenues and one-half percent sales
tax revenues collected from January 1, 2003 through December 31, 2005
to fund the following projects that will promote recreation, promote tourism
and support the economy in the Town of Vail:
Expansion and improvement of the clubhouse at the Vail Golf Course and
Nordic Center, including multi -use community space;.
Field expansion and restroom renovation at the Ford Park Sports
Complex;•and
Ford Amphitheater improvements, including outdoor seating and restroom
improvements?
Yes No
Daly asked if the town had received letters from the partners, the Vail Recreation
District (VRD) and the Vail Valley Foundation (VVF), agreeing to be funding partners in
these projects. Zemler stated the town does not currently have letters but at the last
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council meeting the entities agreed with the concept. Daly also asked if the funds for
each project would change and would those discussions take place before the election.
He also requested more details on the projects be communicated to the public prior to
the election.
Mire said he would be coming back to the Council to address the Fair Campaign
Practices Act (FCPA) requirements and campaign issues around supporting the
measure. He said there will be one opportunity for the Council to support the passage
of the ballot question. Daly said he didn't necessarily want to put out a document
supporting the ballot question but to give the electorate more detailed information
regarding the ballot question. Zemler said a detailed document is already available out
for public review.
Daly made a motion to approve Resolution No. 12, and the motion was seconded by
Tjossem.
Gretchen Busse, resident, stated she and her husband met with Mike Ortiz with the
VRD. She wanted the ballot question read out loud. Daly read the question for the
record. She thanked Mike Ortiz and the Council for their time in helping her to
understand what is proposed at the Vail golf course. Stephen Connolly, resident, stated
he doesn't think they should pass this resolution and he doesn't think the ballot
question will pass. He doesn't feel these changes will put heads in beds. He heard the
VRD wouldn't be operating the facility. He wanted to know who and where the money
would be going to if that is the case. He wanted the town to hold onto the funds until a
better idea comes along. Jim Lamont, VHOA, stated the VHOA had a board meeting
and the topic of discussion was where the town was going due to the economy. He
said his board members are well versed in business and economics. They want to know
if the Council is providing an option to retain the $9.4 million to allow the electorate to
discuss what to do with the funds at a later date. Mike Cacioppo, disagreed with
Connolly. He said either spend the money or return it to the community. He said the
funds have been in the town's account for way too long. He reiterated that this was
not a tax increase. He said the question was how to spend the money. If you don't
improve the sports fields, the town will lose some of the groups that go there and we
need to keep them coming back. He said giving back a small percentage of the funds
over the next ten to twenty years to the population doesn't make sense. He is in
support of two of the projects and that will put heads in beds. He said the ballot
question is going to pass, as it's a no brainer.
Daly said the Council put together a committee to research this question for many
months and they came up with these projects that will benefit the community. He said
both the VVF and the VRD will be helping to fund the projects will partner with the town
to get these projects completed.
Town Council Minutes for August 16, 2011 Page 3
Rogers said she was concerned about keeping the money for a longer time period. She
feels this will stimulate the economy in several ways: there would be more bang for the
buck, expenditures will stimulate the economy and will be a mini -stimulus for our own
economy as it will create jobs and create economic energy in town.
A vote was taken and the motion passed, unanimously, 5-0.
The third item on the agenda was the Town Manager Report. Dwight Henniger, Vail
Police Chief, gave a review and update on the U.S. Pro Cycling Challenge and the Divas
Half Marathon (DHM) special events. He said there are about 1,200 runners registered
for the Divas Half Marathon. Tjossem questioned how the Sunday Farmers Market
would impact both of these events. Laurie Asmussen, event producer for the DHM, said
there were recreation path closures and the event producers handed out notices to
approximately 1,500 residents in town from Donovan Park to East Vail. She said there
will be about four -hours of intermittent closures from 9:00 a.m. to 1:00 p.m. Signs
have been up for about eight days. Jamie Gunion, representative of the VRD and a
runner, said there are no road closures but intermittent delays on the recreation path.
Daly asked about the road closures for the US Pro Cycling Challenge. Adam Lueck, with
the VVF, stated the event is nine days away from happening in Vail. He presented a
short video on the event to the Council and public. He said the eyes of the world will
be on Vail for approximately all ten miles of the race in Vail. He stated this is the only
original Coors classis course in the race. There will be lots of press on this event: local
news, Facebook, Twitter, Versus and many other news channels.
Lueck discussed closures and impacts, beginning on Wednesday, August 24, the bus
route will change and the tent company will build out the tents at Solaris and the Vail
Village Transportation Center top deck. Deliveries for the village should have little
impact on Wednesday. However, on Thursday morning, 1,000 people will begin to set
up the event in Vail Village. There are 640 rooms for tour staff alone. The build out
will begin at 4 a.m. for the immediate start area at Solaris, withthe course fencing will
be up at 5 a.m. This will lock the village area down. All deliveries will be suspended
from 5 a.m. to 6 p.m. on Thursday, August 25. The Sitzmark and Pepi's access will be
available until 10:30 a.m. on Thursday. The main closure of Vail Valley Drive out to
East Vail will be from 11:30 a.m. until the last rider goes by, maybe around 4 p.m., but
this will depend on the number of riders in the Time Trial. The VVF will not know until
the end of Wednesday how many participants there will be on Thursday.
Lueck also said they plan on opening the roads as soon as they can after the last rider
goes through. He said the Vail Village and Gore Creek Drive will be first priority to open
and outside the village will be to open the Frontage Road. The police department
crews have been communicating with most businesses in town and VVF has been
contacting businesses that will have high impacts due to the race. The VVF has other
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areas where they are distributing all information on the race: on their website,
Facebook, Vail.com, Vailgov.com, in the newspaper, etc. More schedules will be
distributed as Time Trial day gets closer.
Tjossem asked if camping would be allowed in Colorado Department of Transportation
(CDOT) right-of-ways. She thinks people may misinterpret that to mean Vail has
camping. Lueck said camping in the East Vail proper and Bighorn area would not be
allowed. Forest Service area camping is dispersed camping on Vail Pass, and is
allowed.
Tjossem stated one of the concerns is not being able to get buses through on the side
streets of Vail. Lueck stated signage will go up on Monday, August 22, on where
people can park and camp. Tjossem also asked about where the port -a -lets will be
available. Lueck stated a large number of them will be stationed in Vail Village and
satellite port -a -lets will be on Aspen Lane and Bighorn Road, at the camp ground gate,
mid -way up Vail Pass and at the Black Lakes.
Rogers asked if there would be camping by the gate going up the pass. Lueck said
people can camp there but without a car. There are designated campgrounds by the
Forest Service and dispersed camping on Forest Service property wherever you want on
the pass. Lueck said there will be 17 team buses, 8 riders per team and a mix of pro
tour (major league) continental and pro continental vehicles. Buses will be parked at
Ford Park. Public safety and incident command will be located at the town offices.
He stated CDOT confirmed the pot holes and millings will be gone by race time.
Currently, lodging and bookings are at 2010 levels. Foley said any cyclists or folks
wanting to watch the races in East Vail need to get there early. The Forest Service has
had signage up at the Black Lakes since August 15, the old Highway Six is closed for
the race, the Forest Service will have two officers at the top of Vail Pass and there will
be another officer at the bottom past Main Gore Drive.
Lueck said parking is one of the biggest issues. Special ECO buses will come from
Beaver Creek to Vail. Cow bells will be handed out for those who ride the bus that day.
Henninger thanked all the residents and community members for collaborating in
making this event happen. Food vendors will be on the top deck of the transportation
center and within a 200 foot area on Meadow Drive and little bit around the Children's
Fountain. Entertainment will be on the top deck as well. A band will be on the far east
side of the south deck of the transportation center, as well as a beer tent, Smash
Burger and Quizno's. The rest of the food vendors will be on Meadow Drive, including
La Cantina, Nickies Quickies and Moe's BBQ and others. A beer vendor will also be on
Meadow drive and near the Children's Fountain. The event required two special event
liquor licenses, plus the Express Lift/Mountain Plaza liquor license. The concert at
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Mountain Plaza will be from 5 p.m. to 7 p.m. Council thanked the VVF, Chief Henniger
and all other event staff for all their hard work on this event.
The fourth item on the agenda were the appointments to the Commission on Special
Events (CSE) and Local Licensing Authority (LLA) One member was appointed to the
CSE and one member was appointed to the LLA.
Donovan made a motion to appoint Amanda Zinn to the LLA and Daly seconded the
motion. A vote was taken and the motion passed, 5-0.
Cacioppo spoke again and was upset with Council for voting by paper ballot. He said
they violated the Vail charter. He also asked Tjossem to recuse herself as he thought
she had a conflict of interest. Tjossem said she would defer to the town attorney. Mire
stated she didn't have a conflict.
Rogers made a motion to appoint Joyce Gedelman-Viers to the CSE and the motion was
seconded by Daly. A vote was taken and the motion passed unanimously, 5-0.
The fifth item on the agenda was a presentation on the Eagle Air Alliance
Three Year Strategic Plan.
Kent Myers, representing the Eagle Air Alliance and the Eagle County Airport, reviewed
the draft of a three year strategic plan with the council. He reviewed the airline
industry overview, including the aircraft coming into the Eagle County Airport, seasonal
characteristics, targeted pledge amounts, economic impacts, visitor percentages and
other aspects of the strategic plan from the power point presentation.
Rogers wanted more detail on the numbers as it relates to Vail. Zemler said the
numbers will be in the budget process. Myers said he could get this information to the
Council within 10 days. Tjossem asked if the Eagle Air Alliance has gone to the Aspen
Ski Company or Pitkin County for funding.
Jim Lamont, Vail Home Owners Association, said he has seen the presentation and finds
it intriguing and compelling enough to ask what other entities they will be visiting in
terms of funding requests and a schedule.
Myers said they would be making a request to the Town of Avon in September, Town of
Gypsum in August, and Town of Eagle in the first part of September. He doesn't have a
schedule for Eagle County yet.
Lamont said one of the critical points is if Aspen will be contributing to the alliance.
Myers said the airport operator can raise fees but it affects all tickets. He said the more
important issue is time, the longer we take to make the initiative in supporting and
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being the leading edge and overcoming I-70, the more critical it becomes. He said
additional points of service, Washington -Dulles, San Francisco, Houston, and more
international flights can bring people in to Eagle County.
Rogers said she is in favor but said the Council has a responsibility to find out if there is
a Return on Investment (ROI) for the community. She wants some solid data before
she will vote in favor. She urged all other entities to do their homework so this can
move forward rapidly and be supported by all of them. Tjossem asked about the low
cost carrier. Myers said they typically want a contract for long term and fly in two to
three days a week. The money needed to be raised is unrealistic.
Myers stated this is the greatest resort airport in the country, where our clientele has a
huge advantage. We need to leverage this through marketing.
Johannes Faessler, owner of the Sonnenalp, stated he wished the community and all of
Eagle County would support this project. He said Vail and the County have an
extraordinary advantage with this airport. He believes they need to find a permanent
funding source.
Myers will submit more data for the next meeting.
The sixth item on the agenda was a review of the Ever Vail project with the emphasis
on introducing the major subdivision, rezoning, and special development district
amendment and general phasing of the proposed Ever Vail development. These topics
are intended to further the understanding of the specific applications being proposed by
the applicant to establish the Ever Vail development.
Warren Campbell, Chief of Planning, stated staff requested council continue the Major
Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of
2011 to the September 6, 2011 public hearing. Foley asked for PEC meeting minutes.
Campbell said they will provide those at next meeting.
Alex Iskenderian with Vail Resorts Development Company (VR), said they have a grand
opening for First Chair tomorrow, August 17, at 4:30 p.m. and invited Council.
Iskenderian said the discussion this evening was primarily about phasing of the project.
He stated they will discuss a fairly detailed phasing plan, one possible plan, which is a
best guess of how this may go if it went tomorrow. VR took a look at what is important
to the town: open space, employee housing, parking, etc. The owners will be in full
compliance with all requirements, including through the construction phases. There are
one or two exceptions and they will figure out how they will address the temporary
deficiencies. The schedule will need to rely on the economy, the real estate market and
current high end real estate inventory sales. He said the most likely part of the first
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phase is relocating the Frontage Road. The earliest the Frontage Road would move is
spring of 2013. The earliest building would begin in 2014. The owners have not
received all the required approvals from CDOT. The owners have to have all the
approvals and they only have two years to get it done once the approvals are received.
Mauriello went through the power point on major subdivision, subdivision and rezoning
of Special Development District #4. He said this size project typically has a fifteen year
build -out of the project. He said part of the first phase was having the hotel
component built as this was important to Council and it made it easier to comply with
the requirements. The mountain operations and the maintenance buildings would need
to be moved first to relocate underground. Then eighty percent of the retail spaces
would be built. Phase one would take 8 1/2years to complete, without pause. Major
concerns of Council were parking, employee housing requirements, hotel timing and
office space replacement.
Lionshead Mixed Use 2 (LMU2) versus Lionshead Mixed Use 1 (LMU1) difference is to
allow for the heavier service of the mountain operations and maintenance facility.
Jim Lamont, VHOA, said he was still confused about the gondola phasing and wanted to
know if the gondola was part of the underground phasing. Iskerderian said it is not
part of that phasing at this time. He said the gondola could be built and the parking
supporting it would be on the west side of the property.
Campbell asked the council to continue the five items. Tjossem asked how long the
rest of the process for this project will take to go through Council. Campbell said
hopefully this will all be done by December. He said the topics for the next meeting will
be the questions from the master plan and tonight's questions. Mauriello said the
Developer Improvement Agreement (DIA) is the next topic of discussion. Daly agreed
that discussion of the DIA sooner than later is optimal. Daly requested this item be
delayed to the September 20 council meeting as there will be a couple of Council
members out for the September 6th meeting.
Donovan made a motion to continue the Major Subdivision, Ordinance No. 7, 8, and 9,
Series of 2011, and Resolution No. 6, Series of 2011 to the September 20, 2011, public
hearing; and the motion was seconded by Daly. A vote was taken and the motion
passed unanimously, 5-0.
The seventh item on the agenda was a request by the owners of 45 Forest Road for
the permanent use of the Forest Road Right of Way (ROW) for permanent structural
shoring by means of soil nail anchors for remediation of existing structural components
and for new foundation walls.
Town Council Minutes for August 16, 2011 Page 8
Tom Kassmel, introduced the general contractor for the project, David Viele, with Viele
Construction.
Viele introduced Mark Donaldson, architect, Tony Falhaber, project manager and Jim
Wear, attorney for the project. Viele talked about the design issues of the foundation
walls on this property. The existing conditions are unsightly and need repair, but they
are on town property. A major portion of the house gets torn down and the renovation
is comprehensive. He went through the steps on how to accomplish the removal and
replacement of the current walls to shore the foundation walls.
Daly asked if the wall was in the same place as the old one. Viele said yes. Tjossem
asked about the two parking spaces being removed. Viele said the parking spaces were
granted, not required. The owner has agreed to abandon two parking spaces. There
were other options; however, this option is the best solution due to the grade issues
and it wouldn't be as intrusive as others.
In summary, he said the owner is willing to repair and support, in perpetuity, the
foundation wall which is on town property. This design is providing a solution that is
the least impactful of all the options available.
Tjossem asked if there were other properties in Vail that this may happen to in the
future. Kassmel said he can see a few other properties that may need this. He said
there is some uniqueness to this site. Mire said there is no precedential value in
approving this project. This project is unique and the removal of the parking is a
significant value and town benefit, as well as the repair of the wall.
Jim Wear, attorney with Sherman and Howard, recapped the public benefits: 1)
stabilizes the road, 2) rebuilds the wall to a better structural condition, 3) removes the
two parking spaces, 3) does not interfere with any utilities, 4) encroachments are in the
existing driveway, 5) not in the road and 6) adds landscaping and improves the
appearance of the neighborhood. He said this is the best solution for this project and
the owners would be responsible for any damage to the road. Mire said repairing the
road, if there is damage, is part of a standard agreement between the town and the
owner.
Staff said based on the owner's request and documentation, the staff does support the
use of permanent shoring within the Town ROW.
Staff recommends that at a minimum the existing retaining wall and existing
foundations be allowed to be shored and remediated as proposed in order to maintain
the stability of the home, driveway and road for the foreseeable future.
Town Council Minutes for August 16, 2011 Page 9
Foley asked Kassmel if staff was comfortable with this proposal. Kassmel said they
agree with the applicant's engineering results. This is the least impactful to the town as
a whole. He said this is the best practical way to move forward. Rogers didn't see a
whole lot of down side in allowing them to do this as it won't be visible and gives the
town the advantage in not having to shore up the road. She said just because the town
hasn't granted this in the past isn't a reason to not grant it now.
Rogers made a motion to approve with four conditions: 1) enter into a license
agreement with the town manager which is approved by town attorney, 2)indemnify for
loss or damage, 3) the two parking spaces are to be removed and 4) any repairs need
to be done in perpetuity by owner. The motion was seconded by Tjossem. A vote was
taken and the motion passed unanimously, 5-0.
The eighth item on the agenda was a request to authorize the town manager to enter
into a contract with Icon, Inc. in the amount of $124,213 for the reinstallation of the
Jesus Moroles Granite Amphitheater to the lower bench of Ford Park.
Todd Oppenheimer, Public Works, requested the Council award and authorize the town
manager to enter into a contract with Icon, Inc. in the amount of $124,213 for the
reinstallation of the Jesus Moroles Granite Amphitheater to the lower bench of Ford
Park.
Daly asked about the electrical with lighted elements part of the sculpture and if the
lighting would be on in the evening. Oppenheimer said it would be limited evening
lighting, on a timer and will be the first permanent sculpture in Ford Park. Tjossem
asked if this piece affects the overall Ford Park Master Plan. Zemler said this piece of
art doesn't affect the outcome of the master plan for Ford Park. This site has been
designated for AIPP for a long time.
Donovan asked where temporary art will be placed if this site is taken by a permanent
art sculpture. Oppenheimer said there are more places in the lower bench to have
temporary art. Daly asked if this piece should be sold. Rogers said no. She stated it
was a good investment for the town and it's a draw for our Mexican tourists who
support this particular artist. She said this is a great place for this piece and will help
revitalize Ford Park. She said Vail is very fortunate to have this piece of art in its
collection.
Daly made a motion to authorize the town manager to enter into a contract with Icon,
Inc., in the amount of $124,213 for the reinstallation of the Jesus Moroles Granite
Amphitheater and the motion was seconded by Rogers. A vote was taken and the
motion passed, 4-1, Tjossem opposed.
Town Council Minutes for August 16, 2011 Page 10
Jim Lamont, VHOA, said his association questions the value of the piece, the location of
the piece in Ford Park and said the money could be used for other projects.
The ninth item on the agenda was the contract award for the renovation of the Red
Sandstone Park play area.
Todd Oppenheimer, Public Works, said the renovation of the Red Sandstone Park play
area is a part of the Town of Vail Playground Safety and Improvement Plan which
began in 2002. As with previous play areas, staff has worked with an artist
recommended by the Art in Public Places Board (AIPP) to develop a unique and artistic
play area. The design has been approved by the AIPP Board and the Design Review
Board and was discussed at a Council work session in May, 2011. Staff received five
bids for the project. Based on the lowest bid, the work can be completed within the
project budget of $464,000. Staff recommended awarding the contract to R.A. Nelson
Construction in an amount not to exceed $320,475.
Daly made a motion to award the contract to R.A. Nelson and to authorize the town
manager enter into a contract with R.A. Nelson with an amount not to exceed $320,
475, and the motion was seconded by Tjossem. A vote was taken and the motion
passed unanimously, 5-0.
Oppenheimer stated Booth Falls has a playground that needs to be repaired but staff
also wants to go before Council in the future for a playground in the Lionshead
commercial core area as well.
The tenth item on the agenda was second reading of Ordinance No. 18, Series of
2011, an ordinance rezoning the Ruder cemetery, Red Sandstone Park parking lot
and Parcel G of the Residences at Briar Patch from residential districts to open space
and recreation districts.
Warren Campbell, stated on June 27, July 11 and July 25, 2011 the Town of Vail
Planning and Environmental Commission (PEC) forwarded recommendations of approval
for the Zoning map amendments for the Ruder cemetery, Red Sandstone Park parking
lot, and Parcel G of the Residences at Briar Patch. On August 2, the Council approved
the first reading of Ordinance No. 18, by a vote of 7-0-0 and the Council also approved
the associated Resolution No. 15, Series of 2011, contingent upon the adoption of the
ordinance on second reading. The associated Resolution No. 15, Series of 2011,
changed the Land Use Plan map designations for the three properties from residential
categories to open space.
Donovan made a motion to approve Ordinance No. 18 on second reading, and the
motion was seconded by Rogers. A vote was taken and the motion passed
unanimously, 5-0.
Town Council Minutes for August 16, 2011 Page 11
The eleventh item on the agenda was adjournment.
Tjossem made a motion to adjourn and the motion was seconded by Rogers. A vote
was taken and the motion passed unanimously, 5-0. The meeting was adjourned at
9:50 p.m.
Respectfully submitted,
Kevin 61ey, Acting M r Pro -tern
Attest:
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rel6i Donaldson, Town Clerk
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Town Council Minutes for August 16, 2011 Page 12