TC Minutes 04-25-2023AVON REGULAR MEETING MINUTES Avon
TUESDAY APRIL 25, 2023
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in -person at Avon Town Hall and using zoom.us. Mayor Amy
Phillips called the April 25, 2023 Council regular meeting to order at 5:01 p.m. A roll call was taken, and
present were Councilors Chico Thuon, Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and Mayor
Phillips and Mayor Pro Tern Tamra Underwood. Present on behalf of the Cultural, Arts & Special Events
Committee were Lisa Mattis, Doug Jimenez, Danielle McNair, and Thomas Walsh who was present
intermittently via Zoom. Also present were Town Manager Eric Heil, Town Attorney Karl Hanlon, Deputy
Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Clerk Miguel
Jauregui Casanueva, Police Chief Greg Daly, Community Development Director Matt Pielsticker,
Recreation Director Michael Labagh, Public Works Director Eva Wilson, Human Resources Manager
Karyne Spadi, Special Events Manager Danita Dempsey, Special Events Coordinator Chelsea Van Winkle,
and Fleet Manager Craig Wilmers.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:30
Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Thuon presented a
motion to approve the Agenda. Councilor Stanley seconded the motion. It was approved with a 7-0
unanimous vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:00:48
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were
disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:01:05
Mayor Phillips explained that public comment can be made by participating in the meeting in person,
via zoom's video/audio, via telephone, or via email. This public comment section is intended for items
not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked
if there was any public comment from those present in the room nor on Zoom.
Chris Newswanger, resident of Singletree, advised he is running for a seat on the "Eagle River Water
Sanitation board, District 4", representing Wildridge and Singletree. He reminded the public that the
election is on Tuesday, 7 a.m. to 7 p.m., not a mail -in ballot, and you must request a ballot or vote in
person. Councilor Thuon endorsed his candidacy.
Linn Brooks, resident of Wildridge, advised she is running for the Northern District board seat on the
Holy Cross Energy board, and voting will be between May 16 and June 15, 2023. She mentioned at this
time the seat is vacant and spoke of her background in energy and as former General Manager for the
Eagle River Water and Sanitation District.
No further public comment was made in person nor on Zoom.
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HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
5. BUSINESS ITEMS
5.1. Discussion about Potential Display of Ukrainian Flag (Town Attorney Karl Hanlon)
Video Start Time: 00:08:00
Town Attorney Karl Hanlon delivered his presentation related to the potential display of the
Ukrainian Flag in Avon, including clarification that Town flagpoles are government speech and
Councilors need to vote on what they display.
Councilor Andrade asked if flying the Ukrainian flag at this time was somewhat random. Councilor
Thuon stated there are two injured soldiers from Ukraine in the room who are receiving medical
treatment in Eagle County and flying the flag at this time would bring recognition and repetitive
consciousness to the war in Ukraine. Councilor Stanley invited Kelly Rory, resident of Eagle Vail,
to speak on behalf of the soldiers present in the room. Rory took the podium and advised that
Igor and Roman are in the County to get prosthetics and will be staying for a month. She added
local paramedics have donated $100,000 for medical supplies to go to Ukraine.
Councilor Carroll inquired on the locations where the flag will be flown and suggested it be flown
until Ukraine reclaims its territory. Councilor Hardy mentioned that the pride flag should be flown
during pride month. Councilors Thuon and Stanley supported flying the flag all month.
Mayor Pro Tern Underwood expressed her empathy for the soldiers present and welcomed the
people in the room and all refugees in the Valley. She noted she wants to welcome all refugees
from all countries equally and senses displaying the Ukrainian flag would show a preference for
refugees of a particular territory when Avon welcomes them all equally. For this reason, she did
not support the display of the Ukrainian flag at this time.
When the floor was opened to public comment, Austin Clarkson, a former resident of Avon, took
the podium via Zoom and brought up Avon's noise ordinance and a summons he received for
noise, and he was referred to the Avon Municipal Courts to further his inquiry. No other public
comment was made in person nor on Zoom.
After deliberations, Councilor Thuon moved to approve that the Ukrainian flag be flown for 30
days at selected Avon Roundabouts. Councilor Stanley seconded the motion. It was approved with
a 5-2 vote, with Councilor Andrade and Mayor Pro Tern Underwood voting against the motion.
5.2. Joint meeting with Culture, Arts & Special Events Committee:
5.2.1. Presentation: Live Music/Venue trends in Secondary Markets (Dave Dressman, Vail Valley
Foundation)
Video Start Time: 00:24:05
Cultural Arts and Special Events Manager Danita Dempsey introduced David Dressman with
the Vail Valley Foundation, who stated he oversees the Ford Amphitheater. He spoke of the
landscape of live music in Eagle County and the State. He detailed a partnership between
the Amphitheater and AEG to find programing synergies with artists travelling through Red
Rocks and the Mission Ballroom, highlighting its success. He explained the Vail Valley
Foundation is risk averse and partnering with AEG lowers that risk. He noted Avon and its
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park present a big opportunity for live music. He and Councilor Thuon spoke of appropriate
budgeting of signature events.
Councilor Thuon then inquired on the fencing events and Town Manager Eric Heil noted
that it is in the 10-year plan. Mayor Pro Tern Underwood asked Dressman to speak of
integration of an athletic event and a music event such as Go Pro and Birds of Prey.
Councilor Andrade asked what the sweet spot is for ticket pricing and Dressman provided
several ranges. Thomas Walsh and Councilor Carroll inquired on the alternative for the
Town to purchase its own sound system and Dressman advised strongly against it. No public
comment was made in person nor on Zoom.
5.2.2. Presentation: Music Data, Dynamics and Development (Mike O'Brien, Peak Performances)
Video Start Time: 00:53:05
Mike O'Brien delivered his presentation on music data, dynamics and development. He
provided the history of Peak Performances since 1993. He explained the turnkey solutions
his company offers along with the launch of data driven analysis through the software Gig
Digger. O'Brien introduced Elle Kane with Peak Performances and she spoke about data
development and analytics in live music.
CASE Committee Member Doug Jimenez asked what the Town is missing, and O'Brien and
Kane stated it could focus on ticketed events strategically with diverse programming that
suits the community. They noted Avon's capacity to host large events is its biggest
advantage. Councilor Carroll asked for more info on Gig Digger, once it is available. No
public comment was made in person nor on Zoom.
5.2.3. Work Session: 10-Year Vision for Culture, Arts & Special Events (CASE Manager Danita
Dempsey) (45 Minutes) 5:55
Video Start Time: 01:24:21
Town Manager Eric Heil delivered the 10-year vision presentation on behalf of Danita
Dempsey and added the Calendar is very full, so CASE and Council will need to be very
selective on what events become signature events with a focus on investing in what is
already successful.
CASE Committee feedback included that of CASE Committee Member Pedro Campos in
support of the 10-year plan. Dempsey then read the following statement from Walsh who
at that time was no longer participating in the meeting on Zoom: "I have read the document
in its entirety, and I feel that in majority I am in support of all proposed. I do however feel
that our town and council should exercise caution in relation to the budget for all that is
proposed. In the comparison of our town to those listed in the research, I feel it is important
that we realize many factors that make us different. Such include our community make up
(i.e. income of residents and the population that commutes to other places for work). With
this said, I feel that we need to realize that while we have a beautiful space, we are not a
concert venue like the Ford or in Dillion. In conjunction with information provided from
Dave Dressman as well as the old town hall development, is there any desire to explore
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more permanent fencing installation around the Avon Performance Pavilion space? In
regards to winter scheduling and opportunities, I am eager for Avon to create a permanent
event. Maybe even in conjunction with Birds of Prey? I support the idea of ice sculpture and
fireworks in the winter. Thank you very much.".
CASE Committee Member Doug Jimenez expressed his thoughts on the challenges of
growth of special events. He noted the more the Town invests, the more it receives and
asked how the Town could use its amphitheater more often. CASE Committee Member
Danielle McNair stated the Town, and the community are growing and they need to look
for the right events for the coming years. CASE Committee Member Lisa Mattis said she
takes spending tax dollars very seriously and likes data -driven decisions, noting she is a
careful steward of public spending. No public comment was made in person nor on Zoom.
Councilor Thuon stated the Town has built infrastructure, gathered a great special events
team and wants them to take the next step and take a chance. If it doesn't work out, then
reel it back in but the Town can't know if it doesn't try.
Councilor Andrade expressed appreciation for all the hard work at CASE and stated he feels
it's too big of a calendar. He noted just because stage is there, it seems the Town is trying
to force things to happen there. He highlighted Nottingham is not a concert venue but a
park.
Councilor Stanley asked for more information on the Best of the West and if there will be
banners for these events. Councilor Carroll thanked CASE for their hard work.
Staff asked for direction to the following questions: 1. Does Council support the general
concepts in the 10-year vision? 2. Is Council's desire to create the same level of events as
2023? 3. Is Council's desire to expand the number of events and add Best of the West in
2024? 4. Is Council's desire to expand the number of events and add Heart & Soul Festival
in 2024 or 2025? 5. Is Council interested in larger ticketed events?
After deliberations, Councilors voted as follows:
Thuon
Carroll
Underwood
Andrade
Hardy
Stanley
Phillips
1
Yea
Yea
Yea
Yea
Yea
Yea
Yea
2
Yea
Yea
Yea
Yea
Yea
Yea
Yea
3
Yea
Yea
Yea
Yea
Yea
Yea
Yea
4
Yea
Yea
Yea
Yea
Yea
Yea
Yea
5
Yea
Nay
Yea
Nay
Nay
Nay
Yea
At 02:12:55 in the recording, Mayor Phillips declared a recess at 7:14 p.m. and later reconvened Council
at7:25 p.m.
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HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
5.3. Public Hearing: Resolution 23-06 First 2023 Budget Amendment (Town Manager Eric Heil and
Finance Director Scott Wright)
Video Start Time: 02:13:24
Town Manager Eric Heil delivered a presentation on the first budget amendment. Councilor
Carroll had inquiries on Attachment J, page 80 of the packet, the per sq. ft. turf replacement cost,
the marketing budget, garden in a box, and contact info for Avon on Page 81 of the packet.
Councilor Andrade had inquiries on the paper bag fee and the DUI grant for DUI enforcement.
Councilor Stanley had inquiries on the Employee Carpool Pilot Program, the sustainability fair, and
DocuSign.
Councilor Hardy asked if the Town is doing anything to save money, and Town Manager Heil noted
yes, that is a constant, and in 2022 the Town was $1.9 million under budget as evidence that the
Town doesn't forcibly spend what it budgets and is always conscious watching its pennies.
Councilor Thuon highlighted the importance of competitive compensation salary adjustments for
Town Staff. He noted these adjustments should be continuously analyzed so that Town Staff
doesn't go home at the end of the day searching for a new job elsewhere. He stated Avon needs
to be second -in -line behind Vail and as competitive as possible on wages. He reflected on a
conversation with Human Resources Manager Karyn Spadi where he learned it costs 50% of a
yearly frontline employee salary to find their replacement and observed the cost to replace
employees is very high, adding it is 75% for that of an executive position, which are great reasons
to stay competitive in wages.
Mayor Phillips inquired on the status of the GIS position and the candidate pool. Mayor Pro Tern
Underwood inquired on HOA dues references on page 43.
Councilor Hardy echoed the statements made by Councilor Thuon on compensation and said it
should be the No. 1 priority. She said she is frugal with expenditures but when it comes to the
salary increase of 5%, she is all for it and supportive of salaries that retain staff.
Mayor Pro Tem Underwood echoed the sentiment expressed by Councilors Thuon and Hardy. She
highlighted that the work put out by staff is highly sophisticated and the quality of agendas and
materials support it. She spoke in favor of transferring maximum RETT into the community
housing fund. She expressed her support for amendments for expenditures around trash,
recycling, and the sustainability fair. No public comment was made in person nor on Zoom.
After deliberations, Councilor Andrade moved to approve Resolution 23-06. Councilor Hardy
seconded the motion. It was approved with a 7 to 0 unanimous vote.
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5.4. Public Comment Hearing regarding the Avon Police Departments request to use Facial
Recognition Services in accordance with Colorado Revised Statutes (C.R.S.) 24-18-302 (Chief of
Police Greg Daly)
Video Start Time: 02:41:34
Chief Daily delivered his presentation related to Avon PD's request to use Facial Recognition
Services.
Mayor Phillips opened the Public Comment Hearing.
Charlie Sherwood, resident of Wildridge, raised questions related to how often Avon PD expects
to use the technology and for what kind of offenses, if felonies only.
Lawrence Trias, resident of Avon, raised questions on related to the meaning of an individual who
has committed or is about to commit a crime, assurances that Avon PD will abide by the 6
authorized uses, repercussions for an officer who misuses the technology.
No further public comment was made in person nor on Zoom.
Chief Daly added that this is the third of three public hearings required before he can submit his
Accountability Report to Council on May 23`d
Mayor Pro Tem Underwood asked Chief Daly to share a synopsis of Avon PD's Annual Reports
which contain statistics of crime and police service in Avon, which Daly summarized through a
brief breakdown of roughly 4500 dispatch calls received annually and their handling.
5.5. Public Hearing: Second Reading Ordinance 23-03 Building Code Amendments (Building Official
Derek Place)
Video Start Time: 03:02:50
Building Official Derek Place delivered his presentation related to the second reading of Ordinance
23-03 Building Code Amendments, alongside Kimberly Schlaepfer, Climate Action Collaborative
Project Manager at the Walking Mountains Science Center. Councilor Andrade inquired on heat
tape operating temperatures. Councilor Carroll added that in his conversation with installers, 32-
40 degrees Fahrenheit are pretty normal operating temperatures for heat tape. Councilor Carroll
then inquired on what neighboring communities are doing around adopting similar regulations.
Councilor Hardy inquired on the cost of going all electric vs. electric and gas and mentioned a
study by Lotus of upfront costs in the Valley. Councilor Stanley thanked them for their work.
No public comment was made in person nor on Zoom.
After deliberations, Mayor Pro Tern Underwood moved to approve Ordinance 23-03. Councilor
Carroll seconded the motion. It was approved with a 7 to 0 unanimous vote.
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HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
5.6. Work Session: Skate Plaza location (Town Manager Eric Heil)
Video Start Time: 03:25:38
Town Manager Eric Heil delivered his presentation related to the Skate Plaza proposed
location. Mayor Pro Tern Underwood highlighted that Councilors toured the site this evening and
made inquiries on which trees would be saved. Councilor Stanley expressed support for the Skate
Plaza but wondered how it will coexist with ticketed events at the park. Councilor Hardy inquired
about the conditions associated with the grant funding the skate plaza and if the Town is bound
by the grant for future changes. Additional discussion from Councilors included final design, skate
park vs. skate plaza, size of skate surface, concession stands, bathroom design, ticketed events,
fencing, and most importantly the pros and cons of the old firehouse site vs the old town hall
site.
Charlie Sherwood, resident of Wildridge, took the podium to detail his professional experience of
28 years as acoustician for the Navy. He stated he measured noise inside the library and prepared
a memo for Council entitled: "Prediction of noise from a skate park as perceived inside the Town
of Avon Library dated April 22, 2023". He asked the memo to be added to the record.
Tara Novak, resident of Eagle, took the podium to detail her professional experience as a
snowboarder and skateboarder. She expressed her preference for the old town hall site over the
old firehouse site. As a representative of the Vail Valley Art Guild, she noted skate parks are very
disruptive when too close to businesses in the promenade and spoke in favor of exploring a new
location.
Sarah Smith Hymes, resident of Avon, speaking on her own behalf and not as former Mayor of
Avon or Avon Staff stated that she is concerned for noise, over programming at the park and
expressed support for a change of location.
JoAnn Carhartt-Levy, Resident of Arrowhead, expressed support for moving the skate plaza to the
old town hall site instead of the firehouse site. She added her support that the old firehouse
become a cultural center and community space.
Lawrence Trias, resident of Avon, expressed support for the skate park and hoped there's no
misuse of the skatepark.
Amy Lewis, Eagle Vail Resident, representing the Avon Skate Coalition, spoke via Zoom in favor of
moving the location of the skate plaza to the old town hall site in lieu of the old firehouse site and
stated she looks forward to opportunity to continue the skate plaza design process. She added
she is confident in the Coalition's approach to analyzing noise and securing funding for the skate
plaza.
No further public comment was made in person nor on Zoom. After deliberations, Councilors
Thuon, Carroll, Stanley, Mayor Pro Tem Underwood and Mayor Phillips expressed their support
to continue the design of a skate plaza of 24,000 square feet at the old town hall site, with care
to provide a park buffer.
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Councilor Hardy elected to abstain from giving direction. She added she prefers the old town hall
site over the old firehouse site but is in favor of finding a different location for it such as by the
tennis courts. Councilor Andrade expressed his agreement with Councilor Hardy and proposed
that they be placed at the old softball field or by the Avon school.
5.7. Work Session: Downtown Development Authority (Town Manager Eric Heil)
Video Start Time: 04:14:54
Town Manager Eric Heil delivered presentation related to the Downtown Development Authority.
Heil explained the Planning and Zoning Commission will continue to work on this initiative and
then will make a recommendation to Council. Mayor Pro Tern Underwood Encouraged staff to
expand the map of the Downtown Development Authority to include the areas on the north side
of Avon Rd, including from the Shell gas station to the Avon Auto and Truck Tire Shop, 7-eleven,
Exxon and Northside Kitchen. Councilor Carroll inquired on the blight study and was advised this
is focused on the prevention of blight which study will be presented to the Planning and Zoning
Commission. CouncilorThuon expressed support for Mayor Pro Tern Underwood's suggestion and
noted that it is important to include Northside Kitchen and the Tire Shop, which could be torn
down and become a hotel and would be a missed opportunity if not. No public comment was
made in person nor on Zoom.
5.8. Work Session: Parking Management (Mobility Manager James Shoun)
Video Start Time: 04:24:17
Mobility Manager James Shoun delivered his presentation on parking management in Avon.
Councilor Andrade inquired on seasonality of these plans and his concerns for local business
employees to have to pay for parking. He suggested that a parking pass for local businesses be
considered. Town Manager Eric Heil explained that the old Town Hall parking area would remain
free in winter and that there is no indication yet of summer pricing but if there is interest from
Councilors in moving forward with the concept, staff will refine it. Councilor Thuon expressed
support for parking management. Councilor Hardy said she was initially hesitant but now is
supportive of parking management in the hope that it will encourage people to use the bus. She
made suggestions on pricing of parking and fines. Councilor Carroll expressed support for parking
management and of employee parking passes proposed by Councilor Andrade. Mayor Pro Tem
Underwood expressed support for parking management and adjusting fees as needed once in
place. Mayor Phillips expressed support for parking management and inquired on enforcement
of violations by Avon PD and its Code Enforcement Officers.
No public comment was made in person nor on Zoom. Consensus from Council was to move
forward with parking management starting November 1, 2023.
5.9. Work Session: Fleet conversion to Electric & Hybrid Vehicles (Fleet Manager Craig Wilmers)
Video Start Time: 04:44:45
Craig Wilmers delivered his presentation on the Town's fleet conversion to electric and hybrid
vehicles. Councilor Carroll inquired on tax rebates and tax credits and their impact on the fleet
conversion, and Wilmers said he will further research the issue. Councilor Hardy highlighted that
AVON REGULAR MEETING MINUTES ,ovo n
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gas powered vehicles have more moving parts than electric vehicles, and Wilmers added that yes
there are fewer moving parts, but you need more skill to repair them.
No public comment was made in person nor on Zoom.
5.10. Work Session: Housing Guidelines (Senior Planner Jena Skinner)
Video Start Time: 04:55:00
Senior Planner Jena Skinner delivered her presentation on housing guidelines. Mayor Phillips
reminded fellow Councilors the original guidelines are from 1990 and in grave need of updating.
Skinner detailed that the intent is to come back before Council with a resolution which will make
it easier to update the guidelines as needed.
Councilor Thuon acknowledged the pressure homeowners of deed -restricted homes are under
given cost of maintenance vs. deed restricted price of the home. He wondered if the Town could
buy them back, refurbish and then reintroduce them in the market at an updated value. Councilor
Hardy noted that old deed restrictions need to account for capital improvements and give
homeowners flexibility. She added her support to update these regulations in a resolution so they
can be updated based on the market.
Councilor Stanley shared that she received a call from a person in the Wildwood neighborhood
who paid $98,000 for his deed restricted home in 2000 and that the assessor has valued it at
$156,000. She asked Skinner how these guidelines might help him, and she was advised it is
because these guidelines will allow for more capital improvements, including replacements.
Tatiana Wernicke, resident of Avon, commented via Zoom that she owns deed -restricted unit in
Grandview where there is a disparity between cost of maintenance and appreciation of the unit
in an inflationary market where repairs far exceed value of deed -restricted property.
No further public comment was made in person nor on Zoom. Mayor Phillips asked her fellow
Councilors to read the guidelines and send their comments to Skinner so that she can focus on
preparing a Resolution for Council. Town Attorney Karl Hanlon added the legal appendices to the
Resolution are in the working document and readyto go. Mayor Pro Tern Underwood stated there
is great urgency in this matter and asked staff to please move forward as quickly as possible.
6. MINUTES
Approval of April 11, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva)
Video Start Time: 05:33:33
With no discussion or correction, Councilor Stanley moved to approve the Minutes from April 11,
2023, as presented. Mayor Pro Tern Underwood seconded the motion. They were approved with a
7-0 unanimous vote.
7. WRITTEN REPORTS
7.1. Planning & Zoning Commission April 18 Abstract (Planner 1+ Max Morgan)
7.2. Monthly Financials (Senior Accountant Dean Stockdale)
7.3. Fourth Quarter Amended RETT Report (Accountant I Carly Fackler)
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7.4. First Quarterly RETT Report (Accountant I Carly Fackler)
7.5. Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin)
7.6. Debris Flow Mitigation Update (Public Works Director Eva Wilson)
7.7. Shift Bike Program Update (Mobility Manager James Shoun)
** Indicates topic will be discussed at future agenda's
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 05:33:52
Councilor Thuon asked that the park in his neighborhood of Wild ridge get similar attention to other
parks in Avon, including snow removal, so that people can use the park in winter. He suggested
the pedestrian path be cleared to facilitate access to the dog park and wondered if installing soft
lighting at the park was possible.
Councilor Stanley thanked Public Works Director Eva Wilson and her crew for taking care of a bus
stop that needed attention.
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the regular
meeting. The time was 10:48 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.
APPROVED:
Mayor Amy Phillips
Tamra Underwood
RJ Andrade
Lindsay Hardy
Ruth Stanley
Rich Carroll
Chico Thuon
10
RESPECTFULLY SUBMITTED:
Miguel Jaure 2 a anueva, Town Clerk