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TC Minutes 09-13-2022AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 13, 2022 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council members present in person were Tamra Underwood, RJ Andrade, and Scott Prince. Present via Zoom was Council member Lindsay Hardy. Council member Chico Thuon and Mayor Pro Tern Amy Phillips were absent. Also present in person were Public Works Director Eva Wilson, Planning Director Matt Pielsticker, Recreation Director Michael Labagh, Chief of Police Greg Daly, Town Attorney Karl Hanlon, Town Manager Eric Heil, Deputy Town Manager/Town Clerk Patty McKenny, General Government Manager Ineke de Jong, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:36 There were no changes made to the agenda. Councilor Prince moved to approve the agenda as presented. Councilor Underwood seconded the motion and the motion passed with a vote of 5 to 0. Councilor Thuon and Mayor Pro Tern Phillips were absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:09 No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:18 Mayor Smith Hymes explained how to participate via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes. Jim Telling with East West Partners commented in person. He thanked Council and staff at the Town of Avon for the support for all Riverfront Projects on the last years. No virtual comments were made. 5. BUSINESS ITEMS 5.1. APPOINTMENTS FINANCE COMMITTEE MEMBERS (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 00:03:12 General Government Manager Ineke de Jong introduced the topic and explained four applications were received for four open seats. The four applicants were present in person, they introduced themselves and answered Council questions. Councilor Andrade moved to appoint Terry Nolan, Lisa Post, Clark Rogers, and John Widerman to the Avon Finance Committee. Councilor Prince seconded the motion and the motion passed with a vote of 5 to 0. Councilor Thuon and Mayor Pro Tern Phillips were absent. AVON REGULAR MEETING MINUTES Avon TUESDAY SEPTEMBER 13, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 5.2. PUBLIC HEARING: RESOLUTION 22-20 APPROVING 2ND AMENDMENT To 2022 BUDGET (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 00:21:31 Town Manager Eric Heil introduced the topic, and he briefly explained the proposed additional expenditures of $523,260. He mentioned there are two positions that are important to hire soon, the Building Inspector for the Community Development Department and the Administrator Technician for the Public Works Department. Finance Director Scott Wright presented in person and clarified there are two typos in the amounts on the bottom of page 23 in the report, increased building permit revenues should be $924,200 and the plan check fees should be $603,633, but both are correct in the revenue detail report. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Prince moved to approve Resolution 22-20 Amending the 2022 Town of Avon Budget. Councilor Underwood seconded the motion and the motion passed with a vote of 5 to 0. Councilor Thuon and Mayor Pro Tern Phillips were absent. 5.3. WORK SESSION: BROADBAND UPDATE (IT MANAGER ROBERT MCKENNER AND PUBLIC WORKS DIRECTOR EVA WILSON AND TOWN MANAGER ERIC HEIL) Video Start Time: 00:48:00 Town Manager Eric Heil took Council through a PPT presentation and IT Manager Robert McKenner responded several Council questions. Mayor Pro Tem Phillips joined the meeting in person at 6:19 p.m. Councilor Prince requested to invite Comcast to present their perspective on Project THOR. Councilor Underwood requested all seven ISP providers to be invited, as well as a representative from Project Thor to speak to the project and answer questions. Town Manager Eric Heil explained there can be more discussion at the September 30th budget retreat and possibly have another work session on one of the two October agendas. After Council discussion, majority consensus was to include this in the 2023 budget. 5.4. WORK SESSION: TAKE HOME POLICE VEHICLES (SGT. JOHN MACKEY) Video Start Time: 01:37:29 Chief of Police Greg Daly introduced the topic and Sergeant John Mackey presented a PPT presentation and explained the rational of this Individually Assigned Take Home Program. Sgt. Mackey mentioned that APD is the only agency in Eagle County that does not have this program. He expressed this affects in the recruitment and retention of staff. Town Manager Eric Heil explained the $387,507 is proposed to come from the CIP budget and the $126,294 is proposed to come from PD's budget. He expressed he supports this program. AVON REGULAR MEETING MINUTES Avon TUESDAY SEPTEMBER 13, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Hardy said when she sees an APD vehicle on the road she feels proud and that this increases policing and is a reminder that the community is safe. Councilor Underwood requested to establish a distance perimeter restriction so there are no officers commuting from Denver and proposed a 50 miles boundary. Mayor Pro Tern Phillips suggested to include Leadville. Chief Daly mentioned the Sheriff's Office currently has a limit of 40 miles outside Eagle County lines and that he will discuss this with Town Manager Eric Heil. All Council members supported this program and to proceed on getting the vehicles ordered now, outside of the budget cycle, to hopefully get them by July 2023. 5.5. FIRST READING OF ORDINANCE 22-13 ENACTING TITLE 8, CHAPTER 6 RECYCLING REQUIREMENTS (SUSTAINABILITY COORDINATOR CHARLOTTE LIN) Video Start Time: 01:58:55 Sustainability Coordinator Charlotte Lin presented a recap of recycling requirements, a summary of her research, and the implementation plan. Susanne Johnson, co-owner of Vail Valley Waste was present in person to listen and help with questions. She expressed she appreciates being involved and commented on the bear resistant bins. Councilor Andrade said single -stream is better and easier. Mayor Smith Hymes mentioned the Waste Wizard App and said this is a great resource and it should be part of the educational campaign and customized to Avon. Councilor Underwood felt strongly that the ordinance should be uniformly applied to include single-family homes and add language that they can use lot 5 in lieu of curbside pickup, Councilor Hardy supported her comments. Mayor Pro Tem Phillips said the starting date of January 1, 2024 is not a good date and suggested to have an effective date of November 1, 2023. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve first reading of Ordinance 22-13 thereby adopting a new Chapter 6 of Title 8 of the Avon Municipal Code establishing recycling requirements, including hauler reporting and universal recycling in the Town of Avon, with the modification to include single residences and an effective date of November 1, 2023. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 5 to 1. Councilor Andrade voter no and Councilor Thuon was absent. 5.6. FIRST READING OF ORDINANCE 22-14 APPROVING PURCHASE AND SALE OF REAL PROPERTY (TOWN MANAGER ERIC HEIL) Video Start Time: 03:06:51 Town Manager Eric Heil explained the property presented for acquisition is Unit 113, Sherwood Meadows, which is a three -bedroom townhome adjacent to the Unit 1A, is currently owned by the Town, and that the determination of the purchase price should be completed before second reading. AVON REGULAR MEETING MINUTES 4mon TUESDAY SEPTEMBER 13, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve first reading of Ordinance 22-14 Approving Purchase and Sale of Real Property. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Prince was away, and Councilor Thuon was absent. 5.7. FIRST READING OF ORDINANCE 22-15 AMENDING THE AVON DEVELOPMENT CODE, ADOPTING DEVELOPMENT BONUS PROVISIONS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 03:10:36 Planning Director Matt Pielsticker took Council through the presentation. He said this went to a Planning and Zoning Commission public hearing and now it is back to Council with their recommendations. Councilor Underwood requested many editions and Mayor Smith Hymes pointed out a typo. Mayor Pro Tem Phillips moved to approve first reading of Ordinance 22-15 Code Text Amendments for Development Bonuses, with modifications as outlined by Councilor Underwood and Mayor Smith Hymes, with second reading scheduled for September 27`h Councilor Andrade seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 5.8. LETTER OF SUPPORT FOR CORE ACT (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 03:38:05 General Government Manager Ineke de Jong presented the draft letter in the packet. Councilor Underwood expressed she supports the letter but would strike bi-partisan and replace with non -partisan. Councilor Underwood moved to approve to send the letter as proposed with that one change. Councilor Andrade seconded the motion and the motion passed with a vote of 5 to 0. Mayor Pro Tern Phillips was out of the room and Councilor Thuon was absent. 5.9. FAMLI STATE LEGISLATION REVIEW (TOWN MANAGER ERIC HEIL; CHIEF HUMAN RESOURCES OFFICER LANCE RICHARDS) Video Start Time: 03:41:32 Chief Human Resources Officer Lance Richards presented. He explained the Family and Medical Leave Insurance (FAMLI) program and said that the law allows local governments to opt out of participation by a vote of the governing body. He mentioned he is looking for Council direction tonight and will bring back a resolution at a future meeting. Councilor Underwood expressed that the employees deserve the opportunity to spend their $300/yr to buy this insurance with the Town's support, but do not think the Town should pay the $44,000 into it and then force every employee to buy an insurance that they might never use. Council supported her suggestion. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 13, 2022 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 5.10. NOTICE OF AWARD FOR THE METCALF CULVERT (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 04:03:53 Town Engineer Justin Hildreth presented the notice of award and expressed this is the third time this has come before Council and that the project will take place on October. Mayor Smith Hymes pointed out a change that needs to be fixed in the contract regarding the timeline. Town Attorney Karl Hanlon mentioned he and staff will do one more scrub on the contract before it goes out. Councilor Prince asked about the guarantee. Town Engineer Justin Hildreth responded there is a 2-year guarantee. Councilor Andrade moved to authorize the issuance of Notice of Award for the Metcalf Road Culvert Repair Project contract to Advanced Shotcrete, Inc. in the amount of $265,000 as approved by the Town of Avon Capital Projects Fund. Councilor Underwood seconded that motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 5.11. NOTICE OF AWARD US6 MOBILITY IMPROVEMENTS (PUBLIC WORKS DIRECTOR EVA WILSON) Video Start Time: 04:08:03 Public Works Director Eva Wilson presented the design and the notice of award for the US6 Safety and Mobility Improvement Project. She mentioned the project received a grant and explained to detail the roundabout at the Stonebridge crossing map on page 241 in the packet. Councilor Underwood expressed that the County should take some responsibility on this. Mayor Pro Tern Phillips moved to authorize the issuance of Notice of Award for the US 6 Mobility Improvement Project: Task Order 2.2. Final Design to Stolfus and Associates in the amount of $252,402 as approved by the Town of Avon Capital Projects Fund. Councilor Andrade seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 5.12. APPOINTMENT OF INGA CAUSEY AS INTERIM TOWN PROSECUTOR (TOWN MANAGER ERIC HEIL) Video Start Time: 04:20:34 Town Manager Eric Heil explained that Elizabeth Pierce Durance has moved to New Zealand and is proposing to appoint an interim Town prosecutor. Councilor Prince moved to appoint Inga Causey as the interim Town Prosecutor. Mayor Pro Tern Phillips seconded that motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 6. MINUTES 6.1. APPROVAL OF AUGUST 23, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN MANAGER/TOWN CLERK PATTY MCKENNY) Video Start Time: 04:22:12 Councilor Andrade and Councilor Underwood pointed out some typos on item 9.1. Councilor Underwood moved to approve the minutes from August 23, 2022 as amended. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. AVON REGULAR MEETING MINUTES avon TUESDAY SEPTEMBER 13, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 7. WRITTEN REPORTS 7.1. September 6, 2022 Planning & Zoning Commission Meeting Abstract (Planner 1+ Max Morgan) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:24:07 Councilor Underwood thanked public operations for doing worthy repair projects all around Town. She also thanked CASE Manager Danita Dempsey, Planning Director Matt Pielsticker and other staff for their work on the historical markers, the third one got.installed today. Councilor Prince expressed he attended the special event on Labor Day at the park. He questioned the fencing with controlled entrances and expressed a lot of people complained and it created an unfriendly experience for visitors. He expressed he does not think the fencing, security and bag checks are worth it, unless it is a very big event. Town Manager Eric Heil explained these measures are for liquor license boundary purposes, particularly for events with over 1,000 people, but staff will assess. Mayor Pro Tern Phillips commented that all Avon LIVE! concerts have very similar fencing and checkpoints, and that the Town needs to control the liquor license boundaries as the bar is open. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:35 p.m. 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, Deputy Town Clerk APPROVED: Sarah Smith Hymes Amy Phillips Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade