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TC Minutes 12-10-2019AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 10, 2019 Av o n AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 1. CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the meeting to order at 5:02 p.m. A roll call was taken, and Council members present were Amy Phillips, Tamra Underwood, Chico Thuon, Jennie Fancher, Jake Wolf, and Scott Prince. Also present were Town Attorney Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, Finance Director Scott Wright, Town Manager Eric Heil, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Start Time: 00:00:32 Councilor Underwood requested to discuss strategies regarding regulation plastics under Council comments. Councilor Fancher requested to discuss the project on Highway 6 East of The Ascent. Mayor Pro Tem Phillips moved to approve the agenda, as amended. Councilor Fancher seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Start Time: 00:01:32 Councilor Prince disclosed his son participates in the community swim program, included in the budget. Councilor Underwood moved a motion that Council finds Councilor Prince does not have a conflict of interest and can participate in the town budget discussions. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 0. Councilor Wolf was out of the room and Councilor Prince abstained from the vote. Councilor Prince disclosed he also has a conflict of interest with the Executive Session regarding the Tract Y project. If the project moves forward it will have a substantial impact on his job, as his company provides deed restricted mortgage loans. His employer asked him to step out of these kinds of projects. After Council discussion, Mayor Pro Tem Phillips moved to find Councilor Prince to have a conflict of interest in Tract Y and that Councilor Prince shall not participate in further discussions nor vote in the Tract Y project. Councilor Fancher seconded the motion and the motion passed on a vote of 4 to 2. Councilor Underwood and Councilor Wolf voted no. Councilor Prince abstained from the vote. Councilor Prince asked to rotate items 8.1. and 8.2 in the Executive Session so he could participate in item 8.2 and then leave the room. Mayor Smith Hymes reminded everyone it is Colorado Gives Day. Councilor Fancher reminded everyone that today is the biggest sale of the year for punch cards at the Avon Recreation Center. 4. PUBLIC COMMENT Start Time: 00:12:00 Michael Cacioppo commented on the functionality of the Council microphones and front door's lock. He congratulated Council for passing the Real Estate Transfer Tax exemption resolution. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 10, 2019 4von AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 5. BUSINESS ITEMS 5.1. ONE BOOK ONE VALLEY (OBOV) KICKOFF 20201 Start Time: 00:15:31 Mayor Smith Hymes talked about the featured book for One Book One Valley Kickoff 2020, called "I am not your perfect Mexican daughter". Mayor Smith Hymes mentioned that the author, Erika L. Sanchez, will be in the valley in April and there will be a community gathering. She encouraged people to buy the book and read it; the book is available in English and Spanish. Mayor Sarah Smith Hymes then officially proclaimed OBOV 20201 Councilor Fancher commented that this initiative is a great thing and promotes conversation. Councilor Phillips suggested to consider making the proclamation earlier in November next year, as the featured book would make a great holiday gift. Mayor Smith Hymes said it is also a great way to support our local book sellers. 5.2. PUBLIC HEARING FOR THE ADOPTION OF THE 2019 FINAL REVISED BUDGETS, 2020 OPERATING BUDGET, 2020 CAPITAL PROJECTS FUND BUDGET & LONG-RANGE CAPITAL PROGRAM AND TAX LEVIES RESOLUTION 19-20, AMENDING THE 2019 TOWN OF AVON OPERATING FUNDS BUDGETS RESOLUTION 19-21, AMENDING THE 2019 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET RESOLUTION 19-22, ADOPTING THE 2020 TOWN OF AVON OPERATING FUNDS BUDGET RESOLUTION 19-23, ADOPTING THE TOWN OF AVON LONG-RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE 2019 CAPITAL PROJECTS FUND BUDGET RESOLUTION 19-24, LEVYING GENERAL PROPERTY TAXES FOR THE AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE 2020 BUDGET YEAR RESOLUTION 19-25, LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON FOR THE 2020 BUDGET YEAR Start Time: 00:18:26 Finance Director Scott Wright gave a presentation on the Resolutions that are before Council tonight and explained that the budget needs to be approved by December 151H Mayor Smith Hymes opened the public hearing. Michael Cacioppo asked Council if there is a plan to eliminate the Town's debt and requested Council to work on this. He mentioned he does not want to pay increased fees in taxes on online sales. Councilor Underwood moved to approve Resolutions 19-20 through 19-25, as listed in the Council agenda, adopting the final revised 2019 operating funds and capital projects fund budgets, adopting the proposed 2020 operating funds and capital projects fund and long-range capital improvements program, and levying property taxes for general operations and for the Avon General Improvement District No.1. Councilor Prince seconded the motion and the motion passed on a vote of 6-0. Councilor Thuon stepped out of the room. 5.3. APPROVAL OF 2019 AUDIT ENGAGEMENT LETTER WITH MCMAHAN AND ASSOCIATES, L.L.C., CERTIFIED PUBLIC ACCOUNTANTS Start Time: 01:00:52 Finance Director Scott Wright talked about the 2019 Audit Engagement Letter. Councilor Prince moved to approve the Audit Engagement Letter with McMahan and Associates for the 2019 calendar year independent audit. Councilor Fancher seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 10, 2019 Avon AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 5.4. APPROVAL OF MINUTES FROM NOVEMBER 19, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Start Time: 01:02:42 Councilor Fancher moved to approve the Minutes from November 19, 2019. Councilor Underwood seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no. RECESS TO ALLOW AVON TOWN COUNCIL TO CONVENE AS THE AVON URBAN RENEWAL AUTHORITY BOARD Start Time: 01:03:01 Mayor Smith Hymes called the recess to allow Council to convene as the Avon URA Board. Mayor Smith Hymes called the URA Board to order at 6:07 p.m. All URA Board members were present. RECONVENE AVON TOWN COUNCIL MEETING Start Time: 01:05:57 The URA meeting was adjourned and regular meeting was reconvened at 6:10 p.m. 6. WRITTEN REPORTS 6.1. OPPORTUNITY ZONE PROSPECTUS UPDATE (PLANNING DIRECTOR MATT PIELSTICKER) 6.2. DECEMBER 3RD PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER) 6.3. UPPER EAGLE REGIONAL WATER AUTHORITY NOVEMBER 21, 2019 MEETING SUMMARY (MAYOR SMITH HYMES) 6.4. MOBILITY GRANTS UPDATE (MOBILITY DIRECTOR EVA WILSON) 6.5. MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT JOEL MCCRACKEN) 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start Time: 01:06:14 Mayor Smith Hymes mentioned that Birds of Prey event was a net zero waste event which is a huge accomplishment. Mayor Smith Hymes mentioned that Dr. Kent Petrie is retiring. He has been a tremendous asset to the community for several years. Mayor Smith Hymes asked Council whether they want to move forward with studying a vacancy tax. The majority of Council would like to study the subject. Staff was asked to do some research and Town Manager Eric Heil commented that the housing plan and strategic plan include ongoing targets/efforts to look at housing solutions and this could be studied as part of that. Councilor Wolf mentioned there could also be a grandfather clause and that any potential housing solution is worth examining. Mayor Pro Tem Phillips announced that there will be 8 additional Zagster stations from Eagle Vail to Edwards. Mayor Pro Tem Phillips announced that Eagle Air Alliance will now offer direct flights to Philadelphia this winter. Mayor Smith Hymes mentioned that Vail is doing a trial run with E -Bikes share this summer. Councilor Fancher asked Mobility Director Eva Wilson to look into a pilot program for E -Bikes to offer in Wildridge and put together the numbers to present to Council. Councilor Wolf asked Eva Wilson about E -Scooters, which is something she is also looking into. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 10, 2019 o n AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO Councilor Fancher asked about the project on Highway 6 next to the Ascent. Town Manager Eric Heil will send an email to update Council members. Council praised staff on the Birds of Prey video. Councilor Underwood asked for an update on the educational programs surrounding Expanded Polystyrene. Town Manager Eric Heil explained the bill repeal looks favorable, good momentum. Eric Heil explained the education and follow up on Expanded Polystyrene work will need to be split in General Government with Preston Neill leaving. An update will be provided in early 2020. Public Comment added: Michael Cacioppo commented that staff should talk to Walmart who is recycling their Expanded Polystyrene. 8. EXECUTIVE SESSION: Start Time: 01:51:47 8.1. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE FROM THE TOWN ATTORNEY AND FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO NEGOTIATIONS PURSUANT TO CRS SEC. 24-6-402(4)(6) AND (E) CONCERNING A POTENTIAL COMMUNITY HOUSING PROJECT ON TRACT Y, AVON, COLORADO. (TOWN ATTORNEY PAUL WISOR) 8.2. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE FROM THE TOWN ATTORNEY PURSUANT TO CRS SEC. 24-6-402(4)(B) CONCERNING DEBT REFINANCING BY TRAER CREEK METROPOLITAN DISTRICT. (TOWN ATTORNEY PAUL WISOR) Mayor Smith Hymes moved to go into Executive Session for the purpose of receiving legal advice from the Town Attorney and for the purpose of determining positions relative to negotiations pursuant to CRS Sec. 24- 6-402(4)(b) and (e) concerning a potential Community Housing project on Tract Y, Avon, Colorado and the purpose of receiving legal advice from the Town Attorney pursuant to CRS Sec. 24-6-402(4)(b) concerning debt refinancing by Traer Creek Metropolitan District. Councilor Fancher seconded the motion which passed unanimously. The time was 6:56 p.m. 9. RECONVENE FOR POTENTIAL ACTIONS ON TRACT Y COMMUNITY HOUSING PROJECT (TOWN ATTORNEY PAUL WISOR) 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 10, 2019 /-XV o n AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk's office, and the video of the meeting, which is available at www.highfivemedio.org. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood