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TC Minutes 11-08-2022AVON REGULAR MEETING MINUTES Avon TUESDAY NOVEMBER 8, 2022 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, Amy Phillips, Scott Prince and Chico Thuon. 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, Town Clerk Miguel Jauregui Casanueva, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:58 Mayor Smith Hymes initiated the meeting and agenda approval process by requesting that item 7.3 Climate Action Organizations become item 5.6 of the agenda. Councilor Underwood moved to approve the agenda, as amended by Mayor Smith Hymes. Mayor Pro Tem 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: 00:02:01 No conflicts of interest were disclosed. Mayor Smith Hymes introduced and welcomed the newly hired Town Clerk Miguel Jauregui Casanueva. 4. PUBLIC COMMENT Video Start Time: 00:03:00 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 participation is limited to 3 minutes. No public comments were made. 5. BUSINESS ITEMS 5.1.PRESENTATION: EAGLE COUNTY COMMUNITY WILDLIFE ROUNDTABLE PLANNER 1+ MAX MORGAN, LAYTON STUTSMAN WITH COLORADO PARKS & WILDLIFE, JESSICA FOULIS WITH EAGLE VALLEY LAND TRUST Video Start Time: 00:03:55 Planner 1+ Max Morgan introduced the topic, Layton Stutsman introduced himself, and also present in the audience were Devon DeCrausaz with Wildridge Trail Coalition, and Jessica Foulis with Eagle Valley Land Trust who explained her group is tasked with protecting wildlife habitat. Jessica Foulis then presented the PPT of the Eagle County Community Wildlife Roundtable, which included their report on recent projects and initiatives completed by ECCWR. She added there are approximately 40 members in her roundtable. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 8, 2022 Avon SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL C 0 L 0 R A D 0 5.2.PUBLIC HEARING: EMERGENCY ORDINANCE 22-18 APPROVING THE PURCHASE OF 511 METCALF ROAD UNIT G20 (TOWN MANAGER ERIC HEIL) Video Start Time: 00:17:05 Town Manager Eric Heil presented and said this is an emergency ordinance for the purchase of a 900 square foot 2-bedroom apartment, as part of Council direction to increase the Town's housing efforts. He explained the purchase is presented as an emergency ordinance for it to be approved in one reading and enable the Town to meet the timeline for closing under the terms of the purchase contract. He added the Town did get an appraisal and the purchase price is under the value of said appraisal. He added Mayor Pro Tern Amy Phillips reviewed the purchase agreement to ensure it was standard and market. He added a vote of at least 5 Council members is necessary to approve an emergency ordinance. Mayor Smith Hymes clarified a small correction to the ordinance was needed to remove language related to the last "whereas" in page 10 of the document, as related to stock language that referred to a first reading of the ordinance as this is an emergency ordinance and there will be not first or second reading. Council discussed the intended use of this unit. Councilor Andrade expressed concern that this purchase may adversely affect housing availability for small business to acquire as employee housing. Mayor Pro Tern Phillips added that there are existing and comparable properties on the market available. Mayor Smith Hymes asked for public comment and no public comments were made. Consensus from Council resulted in the request to Town Manager Eric Heil that Town Directors come back to Council on November 15th session with a proposal to determine future use of this unit, as well as present what the vision of the Town is for purchasing properties like this in the future. After discussion, Mayor Pro Tern Phillips moved to approve Emergency Ordinance 22-18 for the Purchase of 511 Metcalf Road, Unit G20, Avon, Colorado with the striking of the last "whereas". Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 1. Councilor Andrade voted no based on the concerns expressed above. 5.3. FIRST READING ORDINANCE 22-16: INTERNATIONAL BUILDING CODE TEXT AMENDMENTS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:33:50 Planning Director Matt Pielsticker presented first reading of Ordinance 22-16 that had been continued from the October 251h meeting and mentioned that Building Official Derek Place and Fire Marshal Michael "Mick" Woodworth were present to respond to any questions that may arise from Council. The purpose of the ordinance was to adopt the 2021 international building codes. Updates provided included were that the Village at Avon development did not have questions about the ordinance, only timing of implementation, which would be 30 days after second reading approval of the ordinance. He added cost of implementation of these systems is quite variable, depending on the type and size of a construction project. AVON REGULAR MEETING MINUTES Avo n TUESDAY NOVEMBER 8, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL COLORADO Building Official Derek Place mentioned that everything in Vail is sprinkled, residential and commercial properties. He added the size of supply lines is typically increased in size. He stated the cost is $6-$12 dollars per square foot for sprinkler systems in residences activated by heat and not smoke. Fire Marshal Michael Woodworth stated he would sprinkle all new construction if it were up to him. Discussion among Council included impact and benefits of sprinkler systems based on cost of insurance, wildland fire recurrence, and unintended consequences that could impact cost of building future housing for the community. Mayor Smith Hymes called for public comments and local resident Dave Dantas raised his hand to join the meeting and stated that there are many hidden costs in these types of sprinkler systems, and that smoke detectors and alarms get people out of their properties and are typically sufficient for single family homes of smaller size. He stated there are 3 parts to the cost: sprinkler system, alarm system, and water. He added water pressure is a significant issue that may require additional water storage in a heated area of the home, additional power will be required and a booster pump which further increases cost. Councilor Underwood moved to approve First Reading of Ordinance 22-16 approving the 2021 International Building Codes, with local amendments, and setting forth a public hearing and second reading for December 13, 2022. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 6 to 1. Councilor Prince voted no. His concerns expressed in Council's discussion. 5.4. PUBLIC HEARING: SECOND READING ORDINANCE 22-17: SALES TAX UPDATE (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 01:37:50 Finance Director Scott Wright presented this second reading of Ordinance 22-17 and said no changes have been made since the first reading. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve on Second Reading 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 unanimously with a vote of 7 to 0. 5.5. PUBLIC HEARING: PROPOSED 2023 BUDGET (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 01:40:45 Finance Director Scott Wright presented the proposed 2023 budget and walked Council through the budget changes that Council requested at the October 281h Budget retreat. Finance Director Scott Wright mentioned changes to the budget were documented in the updated memo and included revisions to the sales and accommodations taxes, among others. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 8, 2022 Avon SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL C o L o R A D o Council discussed many items, including the GIS Manager position and its merits. Councilor Andrade expressed concern on how the GIS position could require and justify a full-time 40- hour work week for 52 weeks for the next 10 years. Councilor Thuon supported those concerns. Mayor Pro Tern Phillips asked a reminder of why the position was removed from Town budget in the past and obtained clarification from Town Manager Eric Heil on the description of this position. Town Manager Eric Heil requested the involvement of Public Works Director Eva Wilson to join the discussion and answer Council questions related to the value and merit of a full-time GIS position. She added that GIS Maps would be made available to the public with additional information useful to them. At this time, Councilor Thuon expressed 100% support for the GIS position. At the suggestion of Town Manager Eric Heil, Council moved the discussion to winter fireworks to be used in January. Councilors were reminded of past direction that if fireworks are not used in the July summer production, they then be used in a January winter production. He explained there is the option of paying a cancellation fee if there is no appetite to use them. He asked for clarification on how to move forward, stating it was staff recommendation not to move forward with a January event and pay the cancellation fee. Councilor Andrade asked the reason for this staff recommendation, which was explained primarily as strain on time and resources. For these reasons, Councilors Andrade and Underwood supported the recommendation and suggested a cancellation fee be paid. Councilor Hardy and Councilor Thuon stated they wanted fireworks to be used this winter, because winter events are lacking in Avon and could bring positive attention to the Town, and the community want them, and people love them, and it will make people happy. Councilor Prince suggested they be used in a bare bones event with no major production, no music, minimal, 10-20-minute event. Mayor Smith Hymes agreed with Councilor Prince's suggestion of a simple event. Mayor Pro Tern Phillips said putting an event together is not insignificant and moving forward, this event should be planned every year to make it a signature event. She stated summer fireworks may become less frequent and replacing them with winter fireworks in January would be valuable. She noted there are approximately 60 days left to plan this event, which she believed sufficient. Councilor Hardy expressed support for the creation of a new winter firework signature recurring event. This discussion ended with an informal tally of 5 Councilors in favor of the fireworks event, with Councilor Andrade and Councilor Underwood preferring to pay a cancellation fee and not move forward with it. Town Manager Eric Heil asked Council for discretion in planning the event based on the short timeframe. Councilors supported this request. Mayor Smith Hymes called for public comments and no public comments were made. 5.6. MOVED ITEM: 7.3. CLIMATE ACTION ORGANIZATIONS (SUSTAINABILITY COORDINATOR CHARLOTTE LIN) Video Start Time: 02:21:48 Mayor Smith Hymes explained she pulled this item from the agenda because for her, there are other organizations that could be supported, and she would like to discuss this further with Sustainability Coordinator Charlotte Lin. AVON REGULAR MEETING MINUTES Avon TUESDAY NOVEMBER 8, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL C O L O R A D O 6. MINUTES 6.1. APPROVAL OF OCTOBER 25, 2022, REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 02:25:01 Councilor Underwood moved to approve the minutes from October 25, 2022, as presented. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 7 to 0. 7. WRITTEN REPORTS 7.1. Construction and Road Closure Update (Town engineer Justin Hildreth) 7.2. Quarterly Mi Casa Program Update (Senior Planner Jena Skinner) 7.4. Colorado Lottery Starburst Award (Recreation Director Michael Labagh) 7.5. Culture, Arts & Special Events Committee Meeting Minutes October 20, 2022 (Special Events Coordinator Chelsea Van Winkle) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:25:30 Councilor Hardy asked to address issues with the postal service. She said she heard and experienced issues with receipt of ballots by mail, causing people to not be able to use vote -by -mail service. Mayor Smith Hymes commented that she and Mayor Pro Tern Phillips are currently working on this issue and have brought it up to state and federal authorities, including Representative Joe Neguse. Mayor Smith Hymes added she has also been addressing it with the Colorado Association of Ski Towns and they are exploring a class-action lawsuit. Mayor Pro Tern Phillips mentioned she too has spoken to Representative Neguse and Senator Michael Bennet as recently as a couple of weeks ago, and they are aware and Representative Neguse advised her that Avon and Edwards have climbed to become the biggest problems and suggested sending a letter to representatives and senators or participating in a class-action lawsuit. Town Attorney Karl Hanlon added his firm represents many ski towns and they are facing the same issues and is exploring options. He proposed involving Avon in the legal strategies being formed for these mountain communities. Councilor Underwood asked if Council could get an update on these strategies and Town Attorney Karl Hanlon agreed to update Council in the December meeting. Councilor Thuon commented that the Village at Avon is receiving bad internet service, and this requires attention. Councilman Thuon said he felt compelled to call out Eagle County Democrats who hired the Vail Daily to put a sample ballot without his name on it. He asked it reflected because municipal government is supposed to remain non -partisan and he felt that action was partisan. He clarified the tactic was not effective because he was re-elected to Council. Councilor Hardy said the Avon Town Council is not partisan, that it does not abide by political lines, and she sympathized that there were political lines drawn unnecessarily. Mayor Smith Hymes agreed with the comments expressed by both and said any partisanship is inappropriate and they do not want partisan politics in Avon. Councilor Underwood added there are different views on this issue not needed to be discussed at this time. Mayor Pro Tern Amy Phillips said she empathized with the issue raised by Councilor Thuon and Council should be non -partisan. Councilor Thuon said he felt supported, regardless of political affiliation by the group. AVON REGULAR MEETING MINUTES avon TUESDAY NOVEMBER 8, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL c; o L o n r, c o 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 7:38 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.hiahfivemedio.org. RESPECTFULLY SUBMITTED: Miguel Jaure ui asanueva, Town Clerk APPROVED: l Sarah Smith Hymes V vb 1WA4 Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade