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TC Minutes 10-25-2022AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 Avon SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL COLORADO 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a virtual format, 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 virtually present were Tamra Underwood, RJ Andrade, Lindsay Hardy, and Amy Phillips. Council members Scott Prince and Chico Thuon were absent. Also virtually present were 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 Mayor Smith Hymes mentioned that the agenda in the packet was updated with the addition of item 5.10. Councilor Thuon and Councilor Prince virtually joined the meeting at 5:02 p.m. Councilor Underwood pulled off agenda item 7.1 Election Update written report to be discussed, which Mayor Smith Hymes moved as item 5.11. Councilor Underwood moved to approve the agenda as amended. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:03:01 No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:03:11 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. Tawnya Godinez joined to help present the skate park topic, but Mayor Smith Hymes explained that topic was in the agenda as item 5.2. Brian Brandl, Gypsum Resident, introduced himself and mentioned he is running as a candidate for Eagle County Commissioner in District 3, against Jeanne McQueeney. S. BUSINESS ITEMS 5.1. PRESENTATION: SPEAKUP REACHOUT (PROGRAM AND EVENTS DIRECTOR LAURA ALVAREZ) Video Start Time: 00:08:14 Laura Alvarez presented on behalf of SpeakUp ReachOut. She said their mission is simple: to prevent suicide through training, awareness, and hope. She talked about statistics and upcoming events and explained their programs and initiatives. She ended her presentation making everyone aware of the local resources during crisis and the suicide prevention lifeline. She thanked Council for their support. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 Av O n SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL COLORADO 5.2. PRESENTATION: AVON SKATE PARK COALITION (Amy LEWIS, AVON SKATE COALITION) Video Start Time: 00:18:38 Amy Lewis with the Avon Skate Coalition (ASC) presented the skate park proposal and asked for Council approval for the intention to proceed with plans for Tract Y. She said this does not mean a certain commitment for the land, but a commitment to participate in a planning process. Mayor Smith Hymes asked Council if they agree to do a letter of support. Councilor Andrade said yes to the letter, but it should specify that the Town is working to identify a site and do not commit to that one site and better leave options open to explore other locations. Councilor Hardy agreed with his comment. Mayor Pro Tem Phillips said it is important this goes through the Planning and Zoning Commission process before the Town commits to which Track it would be and she expressed her concern with the restrooms issue. Councilor Underwood agreed with her comments on the restrooms as that is a high cost. She said she is in favor of exploring this with this energetic group and thanked them for bringing this to town. Councilor Thuon said the kids need to get out somewhere to recreate and this is a great use of this land, and he is fully in support of this project. Councilor Prince commented that it has to be a very thoughtful planning process and he mentioned that the Edwards Skate Park is successful because of all the amenities around it, like restrooms, the field, a playground, the Recreational Center, the High School, housing, etc. and this location is not close to other recreational amenities. Mayor Smith Hymes called for public comments and Rachael Stroker, Edwards Resident, commented. She expressed she has lived next to the Edwards Skate Park in Miller Ranch for many years and that her 9 y/o son is a skateboard competitor, so as a parent she has a great background and understanding on the importance of a skate park that provides a level of progression and creates a sense of community. Council consensus was to move forward with the planning phase. 5.3. WORK SESSION: VERO BROADBAND PROVIDER (TOWN MANAGER ERIC HEIL) Video Start Time: 00:52:13 Town Manager Eric Heil mentioned this is a follow up from the last two work sessions on broadband. Evan Biagi, Vero Broadband Chief Revenue Officer, presented the PPT presentation included in the packet and explained the VERO networks. Councilor Thuon questioned why the Town should join the Thor project and spending that much money instead of splitting this cost with internet providers and let them take on this as a private company instead of the Town being in this business. He expressed that, at that moment, he did not support the Thor project. Councilor Underwood asked how they get the internet signal into the fiber in the Village in Avon. Evan Biagi answered several Council questions. There was no Council action. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 . v o n SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL COLORADO 5.4. WORK SESSION: JOINT CASE/COUNCIL (CASE MANAGER DANITA DEMPSEY) Video Start Time: 01:41:05 CASE Manager Danita Dempsey joined the virtual meeting and presented the PPT presentation with photos from past events and said that the main direction she is looking for tonight is on the fireworks. She introduced the CASE Committee members. Virtually present were Lisa Mattis, Doug Jimenez, Pedro Campos, Justin Chesney, Ruth Stanley, and Kim Hannold. The majority of CASE committee expressed support for fireworks in the summer. Councilor Andrade did not support fireworks neither in the summer or winter. Councilor Underwood, Councilor Thuon, and Councilor Prince supported a big/traditional display of fireworks in the summer, if safe, and have fireworks in the winter only if they were not used in the summer. Councilor Hardy agreed. She also agreed with Lisa Mattis comment to perfect the events the Town currently has first and then work on a great winter event for future years. Mayor Pro Tern Phillips also wanted to stick with the fireworks in the summer and was supportive of having a consistent winter event. Mayor Smith Hymes expressed her concerns on sustainability but said she has heard from the citizens that they want fireworks and supported continuing with a full blown Third of July as long as it is safe. Then Council asked questions about the 2022 events recap and the 2023 proposed events calendar. Councilor Underwood thanked staff and the committee for their hard work. She praised the sustainability successes and the Art in Avon program, and she said she does not support discontinuing the Town Cleanup Day and absolutely loves Dancing in the Park. She did not support a huge increase in expenses for events in 2023 and said Council will have to make tough choices at the Friday's budget retreat. Councilor Hardy mentioned she loved the Summer's End but said the name was confusing as it was still full summer, and there was another event after that weekend. She would like staff to rethink the layout of bouncy castles as the shaded area by the trees is popular but gets blocked with the bouncy castles. Councilor Prince wants to think about what Avon does well and what Avon struggles with and expressed he does not support the timing of Heart & Soul as it is on the weekend of the Octoberfest event. He said this event is not unique and he does not support a $150K spend on it. Councilor Thuon thanked the staff for all their work and the incredible schedule. He seconded Councilor Prince comment about the budget and suggested to shave it/ value -engineer it to make it work instead of just saying no. Mayor Pro Tern Phillips said that the events budget still needs some work and expressed it is imperative to add a third full-time year-round special events position to the team. She said that if the budget needs to be tweaked, then Heart & Soul could be removed, but add the light show element of that event that was absolutely spectacular to Salute to the USA to have more activity. Mayor Smith Hymes echoed all comments about how amazing the staff is. She expressed that the survey questions need to be very clear on what the Town is really asking and said that in her eight years on Council, the dynamic in mountain towns has changed dramatically and towns no longer aim to attract visitors but focus on managing the crowds. AVON REGULAR MEETING MINUTES avon TUESDAY OCTOBER 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL COLORADO She agreed that the Town Cleanup event needs to stay and adding a weed pulling component is a great idea. She also does not support increasing the events budget in 2023 and said she would rather do one good event, combining the Summer's End and Heart & Soul events. She mentioned she would like a small holiday in the wintertime. She looked at the per person cost for some events and has concerns with budget and staff burnout. She said she does not support hotel rooms for the artists of the Art Around Avon program as not many people attend the art walk, and she supports figuring out a better piece for Roundabout 4. CASE Manager Danita Dempsey addressed some of those comments. Lisa Mattis asked Council to please not ask staff to do more with less. Mayor Smith Hymes clarified she said less is more, not do more. Councilor Prince agreed on not adding more. 5.5. WORK SESSION: REVIEW OF AVON ART PIECES (CASE MANAGER DANITA DEMPSEY) Video Start Time: 02:42:56 CASE Manager Danita Dempsey took Council through a PPT presentation with the bronze sculptures inventory and explained there are 25 sculptures, 9 are owned by Knox Galleries and are for sale to the Town, 2 that are library owned and 14 that are Town owned. Councilor Underwood thanked Knox Galleries for generously putting them on loan for so many years and said she would like to retain Mother's Pride only, if the Town can negotiate a fair price. Councilor Andrade agreed with that and suggested to shuffle some Town owned pieces around. Pedro Campos pointed out that the artist requested the Sidewalk Society Collection, Town owned, to not be separated. He expressed he loves Lasso as it is a contemporary, different, and intriguing piece. Councilor Hardy said Lasso has a historical meaning as it was photographed a lot during the 2015 Ski Championships, and it was in many brochures. She said she would like to retain Mother's Pride and Lasso and perhaps Stilt Walkers. Councilor Prince said he does not support spending taxpayer dollars on art pieces, unless they have historic value and said Council has higher priorities. Councilor Thuon said he does not support purchasing art either and said he also likes Mother's Pride. Mayor Pro Tern Phillips suggested a Council subcommittee to look at Mother's Pride, Stilt walkers, Lasso, and Enduring Navajo and negotiate for up to those 4 prices and then decide if this fits in the budget. Mayor Smith Hymes agreed purchasing art is expensive, but these sculptures will be missed if they are gone. She said Enduring Navajo is a great piece. Town Manager Eric Heil recapped, and Council consensus was to negotiate a fair price for Mother's Pride only. Councilor Underwood requested to consider relocating Checkmate back to roundabout 4 where it lived for many decades and people loved it. 5.6. WORK SESSION: BUILDING ELECTRIFICATION DATA AND BUILDING BENCHMARKING (PLANNER 1+ MAX MORGAN AND SUSTAINABILITY COORDINATOR CHARLOTTE LIN) Video Start Time: 03:20:02 Town Manager Eric Heil introduced the topic and Sustainability Coordinator Charlotte Lin and Planner 1+ Max Morgan took Council through the building electrification data and benchmarking PPT presentation. She explained the Town, the Climate Action Plan, and the State AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 Avon SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL COLORADO Benchmarking Program goals. She said that the ultimate point of doing this at the beginning is to reduce greenhouse gas emissions that come from building energy use, and she laid out strategies the Town can deploy to accomplish that goal. Mayor Smith Hymes expressed she trusts staff's expertise to study options and work on this with the Town Manager. Council direction to staff was to take the lead and start where most effective and the Town's best practices instead of where the state directs towns to start. 5.7. FIRST READING ORDINANCE 22-16: INTERNATIONAL BUILDING CODE TEXT AMENDMENTS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 04:06:32 Planning Director Matt Pielsticker and Building Official Derek Place presented first reading of Ordinance 22-16 and answered Council questions. Planning Director Matt Pielsticker clarified that the Ordinance included in the packet is a clean version and staff worked with Town Attorney Karl Hanlon on this. Mayor Smith Hymes asked about the automatic sprinkler systems. Councilor Prince asked about costs. Councilor Hardy mentioned storage tanks. Councilor Underwood said that based on her experience, automatic sprinklers are more about saving the structure and less about life safety issues. She would be more in favor of implementing this if it is more about saving lives than the properties. Mayor Pro Tern Phillips said she is interested in seeing the difference in price of all additional expenses for a 2000 sqft town home vs a 3500 sqft half -duplex vs a 6000 sqft home. Councilor Prince asked if the Fire Marshal is recommending sprinkling under 6000 sqft properties. Building Official Derek Place confirmed this and suggested to invite him to the next discussion. Councilor Andrade moved to continue first reading of Ordinance 22-16, Approving the International Building Codes, with local amendments, until staff can bring back cost estimates and the Fire Marshal can be present. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 7 to 0. 5.8. FIRST READING ORDINANCE 22-17: SALES TAX UPDATE (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 04:34:00 Finance Director Scott Wright presented Ordinance 22-17 and explained this is bringing provisions to be in line with state statutes. He expressed the memo is quite technical and was mainly drafted by Elizabeth Pierce -Durance, who could not be here this evening. Councilor Underwood expressed that overhauling the sales tax ordinance is a lot of work and very important and thanked staff for their work on this. Councilor Prince asked to clarify language about the zip code and timeline. Councilor Underwood moved to approve on First Reading of Ordinance 22-17 Repealing and Reenacting Chapter 3.08 of the Municipal Code Regarding Application of Sales Tax Provisions within the Town of Avon. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 7 to 0. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 Avon SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL COLORADO 5.9. RESOLUTION 22-23: APPROVING THE EXPENDITURE OF COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS ENERGY (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 04:43:40 General Government Manager Ineke de Jong presented Resolution 22-23 and answered Council questions. She explained the Town receives one percent of the gross revenues collected from the sale of electricity from within the Town's borders and the funds are eligible to be expended for limited purposes. Councilor Hardy asked her to talk more about the 2022 Net Zero Building Conference on November 18" and encouraged people to assist. Councilor Hardy moved to approve Resolution 22-23 Approving the Expenditure of Community Enhancement Funds from Holy Cross Energy as Provided for in Article 11, Town of Avon Ordinance 01-01, Series of 2001. Councilor Underwood seconded the motion and the motion passed with a vote of 7 to 0. 5.10. CONSIDERATION OF JOINING AMICUS BRIEF IN SUPPORT OF EAGLE COUNTY'S APPEAL OF THE SURFACE TRANSPORTATION BOARD DECISION ALLOWING THE UINTA BASIN RAILWAY (AKA WAXY CRUDE TRAIN) (TOWN ATTORNEY KARL HANLON) Video Start Time: 04:49:55 Town Attorney Karl Hanlon explained the petition and expressed the rail line issue is back for discussion and tonight he is looking for Council direction on willingness to join the Eagle County appeal which is due on Friday October 281h Councilor Underwood expressed she is absolutely in favor. Mayor Pro Tern Phillips made a motion to participate in the Amicus brief regarding the waxy crude oil train through the Colorado River basin. Councilor Prince seconded that motion and it passed 7 to 0. 5.11. PULLED WRITTEN REPORT: 7.1. ELECTION UPDATE (DEPUTY TOWN MANAGER AND TOWN CLERK PATTY MCKENNY) Video Start Time: 05:02:29 Councilor Underwood requested that, after the election, report not only the affirmative votes for each candidate but to also report the undervotes from now on. Deputy Town Manager/Town Clerk Patty McKenny confirmed she is the Designated Election Official for this election, and she will do that. 6. MINUTES 6.1. APPROVAL OF OCTOBER 11, 2022, REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN MANAGER AND TOWN CLERK PATTY MCKENNY) Video Start Time: 05:03:45 Councilor Andrade moved to approve the minutes from October 11, 2022, as presented. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 7 to 0. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 25, 2022 . v o n SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL COLORADO 7. WRITTEN REPORTS 7.2. Monthly Financial Report (Finance Manager Joel McCracken) 7.3. Quarterly RETT Report (Accountant I Carly Fackler) 7.4. E-Bike Share Program Update (Transit Operations Manager Jim Shoun) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 05:04:27 Mayor Smith Hymes inquired about the Recreation Center steam room repairs. Town Manager Eric Heil explained the Town faced a supply material issues to get the parts needed for repairs, but they are arriving soon. Councilor Prince reported the refurbished slide at the Recreation Center looks great with the Broncos colors. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 10:07 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 Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade