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TC Minutes 11-12-2024AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 12, 2024 Avon 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 virtually via Zoom.us. Mayor Amy Phillips called the November 12, 2024, Council regular meeting to order at 5:01 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tern Tamra Underwood, and Mayor Amy Phillips. Councilor RJ Andrade was present in the meeting via Zoom and joined the meeting in person at 5:29 p.m. They were joined in person by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administration Officer Ineke de Jong, Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Community Development Director Matt Pielsticker, Senior Planner Jena Skinner, Chief Building Official Derek Place, Development Coordinator Emily Block, REC Director Michael Labagh, Public Works Director Eva Wilson, Sustainability Manager Charlotte Lin, Finance Director Paul Redmond, Senior Accountant Chase Simmons, General Government Fellow Arnell Wade, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:38 Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Phillips noted that Business Item 6.1 currently refers to the first reading of Ordinance 24-03 which is an error that should read as the first reading of Ordinance 24-16 and the packet's materials renumbered accordingly. Historical context was offered on the passing of Ordinance 24-03. Mayor Pro Tern Underwood motioned to approve the Agenda, as amended by Mayor Phillips. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:28 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:02:40 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. She added that the 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 or virtually and Mr. Tim McMahon, Resident of Avon, took the podium in person to speak of the recent win by the Battle Mountain High School Men's Soccer Team. He invited the public and Council to attend the upcoming semifinals in support. He asked for additional information on what transpired leading to the flooding of the Sunridge Condos Parking Lot and asked if anything could be done to prevent a similar occurrence in the future. At the recommendation of Town Manager Eric Heil, Public Works Director Eva Wilson took the podium to detail that on Saturday, November 9, at approximately 4 p.m., a contractor working for Holy Cross Energy was boring and excavating and accidentally perforated the watermain buried 7 feet deep in front of the Sunridge Condos. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 12, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C 0 L o R A o b Public Works Director Wilson added that Eagle River Water and Sanitation personnel responded to make the necessary repairs, and the cost and damages will be covered by said contractor after the Town completes its impact analysis. She indicated this contractor has insurance, a bond, and collateral, and in the future, Staff will explore stricter guardrails to prevent incidents such as this. 5. CONSENT AGENDA Video Start Time: 00:05:22 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 5.1 Approval of October 8, 2024 Regular Council Meeting Minutes (Town Clerk Miguel lauregui Casanueva) 5.2 Vail Valley Mountain Trails Alliance (VVMTA) Construction Agreement (Community Development Director Matt Pielsticker) 5.3 Record of Decision: Nottingham Park Improvement Applications (Planner II Max Morgan) Councilor Stanley motioned to approve the Consent Agenda. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. Before commencing the discussion of Business Items, Mayor Phillips took a moment to thank Eagle County Clerk and Recorder Regina O'Brien and Avon Town Clerk Miguel Jauregui Casanueva for their collaboration and hard work related to the November 5, 2024 coordinated election, as well as thanking the public for the voting to approve the use tax on construction materials. She also acknowledged the attendance of newly elected Councilors Gary Brooks and Kevin Hyatt who were present in the room and will be sworn -in during the December 10, 2024 Council Meeting. 6. BUSINESS ITEMS 6.1.First Reading Ordinance 24-16: Updates to Exterior Energy Offset Program (Building Official Derek Place and Development Coordinator Emily Block) Video Start Time: 00:07:30 Mayor Phillips advised that in March of 2024, Ordinance 24-03 adopted regulations related to boiler and furnace requirements, and tonight's review of Ordinance 24-16 will expand on additional updates to Avon's Exterior Energy Offset Program (EEOP). Chief Building Official Derek Place delivered his presentation related to the EEOP. He was joined at the podium by Kim Schlaepfer and Gina McCracken with the Eagle County Building Code Cohort. Councilor Carroll asked Chief Building Official Place to explain the concept of REMP in Page 20 of the packet, and was advised by Ms. Schlaepfer that REMP is synonymous with EEOP, and different jurisdictions use REMP or EEOP interchangeably. He also asked if this energy offset calculator will be adopted with the ordinance and updated, and Ms. Schlaepfer advised it is supposed to be updated upon request of any jurisdiction that may need it. Councilor Carroll's then inquired on snowmelt regulations. Councilor Thuon asked if the fees collected go into the General Fund, and was advised it goes into the EEOP Fund. Councilor Stanley commended the Town for the hard work put into this energy code update. [Councilor RJ Andrade joined the meeting in person at 5:29 p.m.] E AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 12, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO During deliberations, Mayor Pro Tern Underwood mentioned that the one item missing from the energy offset calculator is to include a form of credit for any hotel or property that is within the zone of Avon's wastewater effluent heat recovery system in place since 2007, and who chooses to feed into this system to offset the cost of their exterior energy use arising from an outdoor pool or snowmelt. She asked staff to build this scenario into the Calculator and the second reading of the ordinance. Mayor Phillips opened the floor to public comments and Ms. Kim Schlaepfer, resident of Avon, took the podium in person to recommend that Council adopt this Ordinance and continue the battle against global warming and pollution that impacted Avon's mountain community. She was joined at the podium by Ms. Gina McCracken, resident of Eagle, who stated that eliminating these amenity loads will help meet climate action goals set in Eagle County and Avon. No other public comment was made in person nor virtually. Mayor Pro Tern Underwood motioned to approve the first reading of Ordinance 24-16. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 6.2. First Reading Ordinance 24-15: Extending Renewable Energy Tax Credit (Chief Financial Officer Paul Redmond) Video Start Time: 00:46:55 Chief Financial Officer Paul Redmond introduced the topic of the first reading of Ordinance 24-15 extending the Renewable Energy Tax Credit and noted the Ordinance extends it by 3 years to support the Town's comprehensive plan and the County's Climate Action Plan. Mayor Phillips asked what the Town could do to make this tax credit more well-known and noted that there have been few requests to use this tax credit in the last couple of years. Consensus from Council directed staff to advertise this tax credit and other similar state rebates and inform the community of the existence of the rebate during the building permit process needed for the installation of photovoltaic systems, so. it is taken advantage of. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Mayor Pro Tern Underwood motioned to approve the first reading of Ordinance 24-15. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 6.3.PUBLIC HEARING: Proposed 2025 Budget (Chief Financial Officer Paul Redmond) Video Start Time: 00:53:06 Chief Financial Officer Paul Redmond delivered a presentation to review Avon's 2025 balanced annual budget. REC Director Michael Labagh joined him at the podium to provide additional context on the proposed increase in 2025 REC fees. At the request of Mayor Phillips, Public Works Director Eva Wilson took the podium to speak of the 45 budgeted trips that the Wildridge shuttle program completed. She indicated that the plan for 2025 is to run this special shuttle twice in the morning and twice in the evening during peak season weekends, and twice a day total on non -peak season weekends. Mayor Pro Tern Underwood asked about the Avon General Improvement District, and Town Manager Heil explained how The Ascent Project contributes funds to that budget. 3 AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 12, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Phillips opened the floor of the public hearing to public comment and no public comment was made in person nor virtually. Councilor Andrade stated he hopes that the a -bike rebate program can be tied to a safety class explaining important rules for cyclists to follow in Avon. Councilor Hardy stated she appreciates the budget cuts in each department, especially given that services won't be significantly impacted. Mayor Pro Tern Underwood stated that she looks forward to the adoption of the use tax during the next Council Meeting and indicated the importance of educating the public on the $125,000 in a 3-year exemption. She suggested that Staff research how neighboring municipalities tackle the use tax. Consensus from Council was to keep e-bike rebates in the budget. As this was a public hearing, staff received direction from Council and no motion was requested. 6.4.Resolution 24-27: Extending or Permanently Extending the Ad Hoc Finance Committee (Chief Financial Officer Paul Redmond) Video Start Time: 01:27:00 Chief Financial Officer Paul Redmond introduced the topic of Resolution 24-27 related to extending or permanently extending the Ad Hoc Finance Committee. He recommended Council choose to permanently extend the Ad Hoc Finance Committee. At the request of Mayor Phillips, Director Redmond explained to Council the concept of the Fiscal Impact Analysis that the Town is required to complete, and the relevance of this Committee in accomplishing this task, which also analyzes how expensive it is to own a home in this Valley. Councilor Stanley stated she would have liked to see the Finance Committee Members attend this Council meeting to advocate for the Committee's permanence. Mayor Pro Tern Underwood asked if Director Redmond is excited to see the Ad Hoc Finance Committee lose Ad Hoc in the title, which he enthusiastically agreed with. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Mayor Pro Tern Underwood motioned to approve Resolution 24-27. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 6.S.Appeal to Council - Primary Residence Real Estate Transfer Tax Exemption (Chief Financial Officer Paul Redmond): 38460 Hwy 6, Unit 308, Avon CO 81620 Video Start Time: 01:31:25 Chief Financial Officer Paul Redmond introduced the topic of a RETT Exemption for the home located at 38460 Hwy 6, Unit 308, Avon CO 81620. At the request of Finance Director Redmond, Council unanimously agreed to direct him to work on a code amendment to extend the deadline to apply for a RETT exemption from 75 days to 1 year. Mayor Phillips stated that she hopes new homeowners will pay attention to RETT exemption deadlines. Town Manager Eric Heil advised Staff will continue to communicate this information to realtors and title companies. As this was an appeal to Council, no public comment was received. Councilor Andrade motioned to approve the RETT Exemption for the residence located at 38460 Hwy 6, Unit 308, Avon CO 81620. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 7. WRITTEN REPORTS 4 AVON REGULAR MEETING MINUTES A TUESDAY NOVEMBER 12, 2024 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 7.1.Upper Eagle Regional Water Authority September 26, 2024 Meeting Summary (Mayor Pro Tern Tamra Underwood) 7.2.October 21st Planning & Zoning Commission Abstract (Planner II Max Morgan) 7.3. Monthly Financials (Senior Accountant Dean Stockdale) 7.4.Quarterly RETT Report (Financial Analyst Chase Simmons) 7.5.Bi-Monthly Sustainability Update (Sustainability Manager Charlotte Lin) 7.6.Grant Program Summary Update (Deputy Town Manager Patty McKenny) 7.7.Community Grant Program Funding Recommendations (Marketing & Communications Manager Elizabeth Wood) 7.8. Police Department Disposition on Forfeited Properties for 2023 (Chief of Police Greg Daly) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:37:20 Councilor Stanley shared that in her closing earlier in the day, she had homebuyers that made use of the MiCasa program and they were all thrilled. She asked Staff to consider sending a goodie bag to all MiCasa homebuyers going forward. Chief Administrative Officer Ineke de Jong advised that they do receive a welcome letter, and staff will work on the project of preparing an Avon goodie bag that realtors can pick up for MiCasa homebuyers. Councilor Hardy mentioned she participated in Avon's Polar Plunge that seeks to raise funds for the Special Olympics. She added that she convinced Eagle Town Councilor Bryan Woods and Chicken Man Tim McMahon to participate in the plunge and hoped that more people will participate next year. Councilor Carroll mentioned that he is now Avon's alternate representative on the CORE Transit Board, and he is very impressed with the culture CORE is building. He added that he sent some emails to Gary Padilla and thanked him for his diligence in addressing his concerns. Mayor Phillips invited the public to attend the CORE Transit meeting tomorrow, November 13, 2024, from 12:30 to 2:00 p.m. at Avon Council Chambers. She added that CORE Transit received a State grant to afford Eagle County youths a free 1-year pass, which will be especially beneficial to minor and teen residents of Gypsum who would have needed to pay to ride given that Gypsum opted out of CORE Transit. 9. EXECUTIVE SESSION Video Start Time: 01:45:07 Mayor Phillips requested a motion from her fellow councilors to retire to Executive Session. Mayor Pro Tem Underwood motioned to retire to Executive Session for the purpose of discussing a personnel matter concerning the Town Attorney's Annual Review pursuant to CRS §24-6-402(4)(F). Councilor Hardy seconded the motion. It was approved unanimously with a 7- 0 vote. The time was 6:47 p.m. At the roll call, all members of Council were present. Also 5 AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 12, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLCRACO present were Town Manager Eric Heil and Town Attorney Nina Williams. The Executive Session started at 7:00 p.m. The Executive Session ended at 7:30 p.m. 10. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 7:30 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.highfivemedia.org. RESPECTFULLY SUBMITTED: APPROVED: Mayor Amy Phillips Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon 0 Miguel Jauregui Ca