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TC Minutes 12-13-2022AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 13, 2022 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:25 The meeting was hosted in a Hybrid format, in -person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the December 13, 2022 Council regular meeting to order at 5 p.m. A roll call was taken, and Councilors present were Mayor Pro Tern Amy Phillips, Tamra Underwood, RJ Andrade, Lindsay Hardy, Scott Prince and Chico Thuon. Also present in person were Newly elected councilors Ruth Stanley and Rich Carroll, Finance Director Scott Wright, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Public Works Director Eva Wilson, Recreation Director Michael Labagh, Chief of Police Greg Daly, Town Attorney Karl Hanlon, Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Deputy Town Clerk Brenda Torres, and Town Clerk Miguel Jauregui Casanueva. 2. APPROVAL OF AGENDA Video Start Time: 00:00:50 Mayor Smith Hymes initiated the meeting with the Agenda approval process. Councilor Underwood moved to approve the Agenda. Councilor Phillips seconded the motion to Approve the agenda. It was approved with a vote of 6 to 0 by those Councilors present. At time of voting on the approval of the Agenda, Councilor Thuon was away from his seat and did not cast a vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:11 Mayor Smith Hymes asked if there were any conflicts of interest related to the Agenda, and no conflicts of interest were discussed or disclosed by Councilors. 4. PUBLIC COMMENT Video Start Time: 00:01:21 Mayor Smith Hymes explained how to participate in the meeting in person, via zoom's video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda. She added participation by members of the public is limited to 3 minutes. Mayor Smith Hymes called for public comments and local resident of Singletree George Gregory introduced himself as Secretary of the Eagle River Water and Sanitation District and Chairman of the Board of the Upper Regional Water Authority. He first thanked Chief Daly and Matt Pielsticker on spearheading the initiative to add another point of egress for the Singletree community, answering Singletree resident questions around that initiative, and then thanked Mayor Smith Hymes for her public service on the Upper Eagle Regional Water Authority and on Town Council. After Mr. Gregory's remarks, Mayor Smith Hymes asked for the record to show that Councilor Thuon had returned to his seat. Local resident of Mountain Star, Steven Coyer introduced himself as Treasurer of the Eagle River Water & Sanitation District Board of Directors and Chairman of the Board of YouthPower365. He spoke to thank Mayor Smith Hymes and Councilor Prince for their years of service. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 13, 2022 . v O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 5. BUSINESS ITEMS 5.1. SWEARING IN OF NEW OFFICERS AND NATIONAL NIGHT OUT AWARDS (CHIEF OF POLICE GREG DALY) (25 MINUTES) 5:05 Video Start Time: 00:08:38 Chief Greg Daly led the swearing in of new and newly promoted officers, as follows: Master Sergeant Jonathan Lovins, Sergeant John Mackey, Officer John DeGhetto, Officer Michael Emery and Officer Rio Burgess. They were joined by their families as they took their oaths. Chief Daly then recognized community Members, organizations, and businesses for their support of 2022's National Night Out. This included awarding recognition to Sigrid Escalante with Walmart, Robbie Doman with Home Depot, Adam Rosario with the Farmer's Market, Brian Nolan with Blue Moose Pizza, Sarah Springer with Bob's Place, Pastor Michael Carlton with Mountain Life Calvary Chapel, Margaret Martinez with Chase Bank, Eva Klejova with Gondola Pizza, and Music DJs Sergeant B. Herrera, Jordan Lyles, and Omar Loya. 5.2. PUBLIC HEARING: SECOND READING ORDINANCE 22-16: APPROVING INTERNATIONAL BUILDING CODES (PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES) 5:30 Video Start Time: 00:26:45 Planning Director Matt Pielsticker presented the second and final reading for the adoption of the 2021 International Building Code. Councilors acknowledged the complexity of a decision to adopt this building code based on its impact to sprinkler system requirements for new constructions. After deliberations from Council, public input was heard. Rob Geislinger with the National Fire Sprinkler Association spoke in favor of adopting the ordinance, as presented. Fire Marshal Michael "Mick" Woodworth expressed support for the adoption of the new building code, as presented. Avon Residents Sean Reynolds and Alexandra Arana expressed they were not in favor of adopting the new building code as presented, noting the sprinkler mandate on all new construction would increase complexity and construction costs for new homes. After deliberations and public comments, Council took a vote on the adoption of Ordinance No. 22-16. Councilor Andrade moved to approve the Ordinance. Mayor Pro Tem Phillips seconded the approval of the Resolution. The Resolution was approved with a vote of [4-3]. Mayor Smith Hymes, Mayor Pro Tern Phillips, and Councilors Andrade and Underwood voted yea. Councilors Hardy, Prince, and Thuon voted nay. 5.3. PUBLIC HEARING FOR THE ADOPTION OF THE 2022 FINAL REVISED BUDGETS, 2023 OPERATING BUDGET, 2023 CAPITAL PROJECTS FUND BUDGET & LONG-RANGE CAPITAL PROGRAM AND TAX LEVIES (FINANCE DIRECTOR SCOTT WRIGHT) (30 MINUTES) 6:00 O RESOLUTION 22-26, AMENDING THE 2022 TOWN OF AVON OPERATING FUNDS BUDGETS O RESOLUTION 22-27, AMENDING THE 2022 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET O RESOLUTION 22-28, ADOPTING THE 2023 TOWN OF AVON OPERATING FUNDS BUDGET O RESOLUTION 22-29, ADOPTING THE TOWN OF AVON LONG-RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE 2023 CAPITAL PROJECTS FUND BUDGET O RESOLUTION 22-30, LEVYING GENERAL PROPERTY TAXES FOR THE AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE 2023 BUDGET YEAR O RESOLUTION 22-31, LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON FOR THE 2023 BUDGET YEAR AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 13, 2022 A n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO RECESS TO ALLOW AVON TOWN COUNCIL TO CONVENE AS THE AVON URBAN RENEWAL AUTHORITY BOARD SEE ATTACHED AVON URBAN RENEWAL AUTHORITY AGENDA (10 MINUTES) 6:30 RECONVENE THE AVON TOWN COUNCIL MEETING Video Start Time: 01:18:10 Finance Director Scott Wright presented the final reading for the adoption of Resolutions 22- 26, 22-27, 22-28, 22-29, 22-30, and 22-31. There was no public comment. After deliberations from Councilors, Mayor Smith Hymes explained the need for two separate motions. The first to pass Resolutions 22-26 and 22-27 referring to the amendment of the 2022 budget. The second to pass Resolutions 22-28, 22-29, 22-30, and 22-31 referring to the 2023 budget. Mayor Pro Tern Phillips moved to approve Resolutions 22-26 and 22-27. Councilor Underwood seconded the approval of these Resolutions. The Resolutions were approved with a [7-0] unanimous vote. Mayor Pro Tern Phillips then moved to approve Resolutions 22-28, 22-29, 22-30, and 22-31. Councilor Andrade seconded the approval of these Resolutions. The Resolutions were approved with a [7-0] unanimous vote. At the 01:33:33 mark, Mayor Smith Hymes called for a recess to allow the Town Council to convene as the Avon Urban Renewal Board. At the 01:37:33 mark, Councilors reconvened after their recess. 6. MINUTES Video Start Time: 01:37:40 pm Town Clerk Miguel Jauregui Casanueva presented the Regular Council Meeting Minutes dated November 15, 2022. Mayor Smith Hymes asked for the name of Linn Brooks of the Eagle River Water & Sanitation District, to be corrected with an I for Linn instead of a Y for Lynn. Councilor Prince asked that in the last paragraph of section 7.1, the word budget be replaced with update after Capital Improvement Projects. After deliberations, Town Council took a vote on their approval, with the 2 corrections mentioned. Mayor Pro Tern Phillips moved to approve the Minutes, as amended. Councilor Underwood seconded the motion for approval of the Minutes, as amended. The Minutes were approved as amended with a [7-0] unanimous vote. 7. OUTGOING COUNCIL 7.1. Proclamations in Appreciation of Service (10 Minutes) 6:45 Video Start Time: 01:39:30 pm Mayor Smith Hymes read the proclamation thanking Scott Prince for His Years of Service. Mayor Pro Tem Phillips read the Proclamation Thanking Sarah Smith Hymes for Her Years of Service. 7.2. Outgoing Council Comments (15 MINUTES) 6:55 Video Start Time: 01:39:55 pm Councilor Prince gave his outgoing remarks, reflecting on the lessons he learned as Councilor, and thanking his family and others. Mayor Smith Hymes celebrated the Net Zero Building Expo's success. She then stated she and Mayor Pro Tern Phillips have continued conversations with Representative Joe Neguse on how to address the issues with the Avon Post Office. She moved on to congratulate Linn Brooks for her hard work AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 13, 2022 . v O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO and retirement from the Eagle River Water & Sanitation District. She remarked that even though the 1-70 underpass was not a unanimous vote, it was approved due to public safety concerns. Mayor Smith Hymes then gave her outgoing remarks, in turn reflecting on the lessons captured in notes to herself, reading them out loud, and thanking her family and others. At the 02:00:55 mark, Mayor Smith Hymes called for a recess for outgoing Councilors to collect their belongings before departing. A picture of the then composition of Councilors was captured by staff. At the 02:03:46 mark, the videorecording's sound is muted, and video shows a banner stating the meeting will begin shortly. During this time, Councilors reconvened from their brief recess, and local resident of Avon Kristi Ferraro took to the podium for additional public comment. Although not fully recorded, Ms. Ferraro introduced herself and began commending Mayor Smith Hymes for her time as mayor. A portion of her remarks were recorded as saying that she appeals to Town Council to continue the culture and bold vision established by Mayor Smith Hymes, to whom she expressed deep gratitude. At the end of those remarks, Councilors Smith Hymes and Prince left their Council seats for the last time. 8. BUSINESS ITEMS PART II. Video Start Time: 02:05:45 pm 8.1. New Council Swearing In and Election of Officers (35 minutes) 7:10 A. Reading the Names of Newly Elected Council Members (Town Clerk Miguel Jauregui Casanueva) Newly elected Councilors Ruth Stanley and Rich Carroll were called to join their fellow newly elected Councilors Underwood and Thuon at the podium. B. Swearing In and Seating of New Council members (Judge Buck Allen) Mayor Pro Tem Phillips suggested to the other Councilors to remain in their seats, while Judge Cyrus G. "Buck" Allen III swore -in the newly elected Councilors, who then took a seat. C. Election of Mayor and Mayor Pro Tem 1. Roll Call of New Council Town Clerk Jauregui took a rollcall, and all elected Councilors were present and accounted for. 2. Nominate and Elect a Temporary Chairperson Councilor Underwood nominated Deputy Town Manager Patty McKenny as Council's temporary chairperson. Mayor Pro Tem Phillips seconded the nomination, and no Councilor expressed disagreement with the nomination. At that time, Ms. McKenny explained the nomination and election process to select the next Mayor and Mayor Pro Tem. Councilor Carroll asked his fellow Councilors to reflect on the role of the mayor's position, before taking a vote. 3. Nominate and Elect Mayor a. Nominations b. Statements by Nominees c. Ballot Voting Cl. Reading of Ballots AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 13, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Stanley nominated then -Mayor Pro Tem Phillips to take on the role of Mayor. Councilor Underwood seconded the nomination. No other nominations for Mayor were made and a vote by ballot was taken. Councilors Hardy, Underwood, Stanley, Phillips, and Carroll voted yea. Councilors Thuon and Andrade abstained from voting. With [5] votes in favor, and [2] abstentions, the motion to designate Councilor Phillips as Mayor passed. Newly elected Mayor Phillips did not make a statement at that time. 4. Nominate and Elect Mayor Pro Tem a. Nominations b. Statements by Nominees c. Ballot Voting d. Reading of Ballots Mayor Phillips then took over the nominations proceeding from Ms. McKenny and as her first act, asked fellow -Councilors to nominate a Mayor Pro Tem. Councilor Carroll nominated Councilor Underwood as Mayor Pro Tem. Councilor Andrade seconded the nomination. No other nominations for Mayor Pro Tem were made and a vote by ballot was taken. Councilors Hardy, Underwood, Stanley, Phillips, Andrade, and Carroll voted yea. Councilor Thuon abstained from voting. With [6] votes in favor, and [1] abstention, the motion to designate Councilor Underwood as Mayor Pro Tem passed. Newly elected Mayor Pro Tem Underwood did not make a statement at that time. Mayor Phillips asked Councilors to remain in their current seats and advised that permanent seating assignments will be decided in the next Council meeting. 8.2 Resolution No. 22-33: Appointing member to the Eagle Valley Transportation Authority (Town Manager Eric Heil) (10 Minutes) 7:45 Video Start Time: 02:22:18 pm Town Manager Eric Heil presented resolution 22-33 and explained the urgency and importance of appointing the primary member and alternate to the Eagle Valley Transportation Authority Board, due to the upcoming kick-off board meeting to take place in a few days. After discussion, Mayor Phillips asked if there was any public comment, which there was none. After deliberations and public comments, Mayor Pro Tem Underwood moved to approve Resolution 22-33, nominating Mayor Phillips as primary member and Councilor Andrade as alternate to the Board of the Eagle Valley Transportation Authority. Councilor Carroll seconded the approval of the Resolution. The Resolution was approved with a [7-0] unanimous vote. Discussions on where these Board meetings take place followed, including a request to record and televise them in the future. 8.3 Resolution 22-25: Appointing Buck Allen as Municipal Judge for Town of Avon (Deputy Town Manager Patty McKenny and Town Clerk Miguel Jauregui Casanueva) (5 Minutes) 7:55 Video Start Time: 02:28:15 pm Mayor Phillips asked Deputy Town Manager Patty McKenny to present Resolution 22-25. After discussion, Mayor Phillips asked if there was any public comment, which there was none. After deliberations and public comments, Mayor Pro Tem Underwood moved to approve Resolution 22- 25, reappointing Cyrus G. "Buck" Allen III as Avon's Municipal Judge. Councilor Andrade seconded the approval of the Resolution. The Resolution was approved with a [7-0] unanimous vote. Judge Allen thanked Council for his reappointment. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 13, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 8.4 Notice of Award, Recreation Center and Heat Recovery Controls Replacement Project (Town Engineer Justin Hildreth) (5 Minutes) 8:00 Video Start Time: 02:31:09 pm Mayor Phillips asked Engineer Justin Hildreth to present the Notice of Award for the Recreation Center and Heat Recovery Controls Replacement Project. Councilor Carroll asked questions related to the project, including the contract that regulates it. Town Engineer Hildreth answered his questions related to the project while Town Attorney Karl Hanlon answered questions related to the contract's form. After additional discussion from Mayor Pro Tern Underwood, and Councilors Thuon and Andrade, Mayor Phillips asked if there was any public comment, which there was none. After deliberations and public comments, Mayor Pro Tern Underwood moved to approve the Notice of Award related to the Recreation Center and Heat Recovery Controls Replacement Project. Councilor Carroll seconded the approval of the motion. The Resolution was approved with a [7-0] unanimous vote. 8.5 Resolution 22-32: Supporting the Recycling Resources Economic Opportunity (RREO) grant application (Sustainability Coordinator Charlotte Lin) (5 Minutes) 8:05 Video Start Time: 02:50:49 pm Mayor Phillips invited Sustainability Coordinator Charlotte Lin to present Resolution 22-32, supporting the Recycling Resources Economic Opportunity grant application. Mayor Pro Tern Underwood, Councilors Hardy, Thuon, and Andrade asked questions related to the Styrofoam recycling machine to be acquired if the grant application is successful, including questions related to future staffing to operate it. After discussion, Mayor Phillips asked if there was any public comment, which there was none. After deliberations and public comments, Councilor Andrade moved to approve Resolution 22-32. Councilor Hardy seconded the approval of the Resolution. The Resolution was approved with a [7-0] unanimous vote. 9. WRITTEN REPORTS 9.1. Construction and Road Closure Update (Town engineer Justin Hildreth) 9.2. Disclosure of Gifts Received (Town Clerk Miguel Jauregui Casanueva) 9.3. November 9th Finance Committee Meeting Minutes (General Government Manager Ineke de Jong) 9.4. November 15th and December 6th Planning and Zoning Commission Meeting Abstracts (Planner 1+ Max Morgan) 9.5. November 17th CASE Committee Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 9.6. Avon Pumpkin Compost Program Outcome (Sustainability Coordinator Charlotte Lin) 9.7. Summary of E-Bike Share Program (Transit Operations Manager Jim Shoun) 9.s. Upper Eagle Regional Water Authority Sept 22, 2022 Board Meeting Summary (Mayor Sarah Smith Hymes) 9.9. Upper Eagle Regional Water Authority Oct 27, 2022 Board Meeting Summary (Mayor Sarah Smith Hymes) 10. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:50:50 AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 13, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Carroll asked when it would be appropriate to ask questions related to Report 9.1, and Mayor Phillips explained when there are discussions related to a written report, the report gets pulled off the agenda. Public Works Director Eva Wilson volunteered to answer questions related to this Report which were related to the Metcalf culvert pipe collapse and repairs. Councilor Thuon then spoke to his fellow Councilors regarding his abstention to vote in the Mayor and Mayor Pro Tern elections. He shared his thoughts surrounding these appointments and the appointees and expressed his hope for all Councilors to work together. Councilor Stanley thanked her friends and family for their support and expressed her excitement to serve on Council. Councilor Andrade thanked former Mayor Smith Hymes and former Councilor Prince for their guidance when he took over his seat two years ago and extended the same courtesy to Councilors Stanley and Carroll. Mayor Phillips closed the session stating various commitments she will keep to in acting as the newly elected Mayor. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 7:55 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: Miguel Jaure Casanueva, Town Clerk APPROVED: Mayor Am Phillips Y Y p Tamra Underwood Chico Thuon Scott Prince Lindsay Hardy RJ Andrade Ruth Stanley Rich Carroll