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TC Packet 02-04-2025 - RETREATAVON TOWN COUNCIL MEETING AGENDA A TUESDAY, February 4, 2025 revised 02/03/25 Avon MEETING BEGINS AT 5:00 PM In -person at Avon Police Station: 60 Buck Creek Rd, Avon, CO 81620 C 0 L 0 R A D 0 AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. BUSINESS ITEMS 4.1. Phishing Awareness Training (Chief Information Officer Robert McKenner) 4.2. Active Shooter Training (Chief of Police Greg Daly) 4.3. Annual Overview of Ethics Code, Ex Parte Contact, and Simplified Council Meeting Rules (Town Attorney Nina Williams) 4.4. Council Manager Staff Relations & Communications (Town Manager Eric Heil) 4.5. Roundtable Discussion of Vision for Avon and High Priorities for the Next Two Years (Town Manager Eric Heil and Mayor Tamra Underwood) 5. EXECUTIVE SESSION 5.1. For the purpose of purchase of real property pursuant to CRS Section 24-6-402(4)(a); and for the purpose of determining positions relative to matters that may be subject to negotiation, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6- 402(4)(e); concerning the following specific matters: State Land Board Property (Town Attorney Nina Williams and Town Manager Eric Heil) (60 Minutes) 6. ADJOURN Public Comments: Council agendas shall include a general item labeled "Public Comment" near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No.17-05. MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL .JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI C1 AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. Avon C O L O R A D O Phishing Awareness Training A February 4, 2025 Avon C 0 L 0 R A D 0 Phishing Awareness Training A February 4, 2025 Avon C 0 L 0 R A D 0 Phishing Awareness Training A February 4, 2025 Avon C 0 L 0 R A D 0 Phishing Awareness Training A February 4, 2025 Avon C 0 L 0 R A D 0 AN SURVIVING SN00TER CTIVE GRE& DALY, CHIEF OF POLICE COSY COSPER, DEPUTY CHIEF AYON POLICE DEPARTMENT ACTIVE SHOOTER DEFINED • AN INDIVIDUAL ACTIVELY ENGAGED IN KILLING OR ATTEMPTING TO KILL PEOPLE IN A CONFINED AND POPULATED AREA. MOST CASES USE FIREARMS AND THERE IS NOT PATTERN OR METHOD TO THEIR SELECTION OF VICTIMS. UNPREDICTABLE EVOLVE QUICKLY ACTIVE SHOOTER CONTINUED... • FBI STUDY COMPLETED OVER 20- YEAR PERIOD 12000-20191 • 333 ACTIVE SHOOTER EVENTS IN THE U.S. Total Active Shooter Incidents Map 14 � 4 1d 1 �*a � 20 21 3 11 4 18 38 0 1 B 4 9 8 G 2 4 2 8 4 6 wt% JK 27 20=YEAR ACTIVE SHOOTER SUMMARY 20-Year Active Shooter Summary a Incident so In hates and the District of Columbia) 10 29 Casualties 2,851 (excluding the shooters) 135 incidents met "mass killing" definition (3 or more killings in a single incident) ■ crlaaa f,rr ratar<aa,aM ■ serurey LOU killed, including 29 law enforcement officers and 10 secunry guards_ 1,729 wounded, including BO law enforcement .{liters and 6 security guards. Number of Shooters 345 Shooter Gender (16 ware body armor) I Male: 332 Female: 13 119 Shooters Committed Suicide 6 ■ Male ■ Female Other Shooter Outcomes 5 67 4 ■ Shooters killed by police r Shooters killed by citizens ■ S h ooters a pprehend ed by police Shooters at large ACTIVE SHOOTER EVENTS MOST LIKELY TO OCCUR: BUSINESSES OPEN TO PEDESTRIAN TRAFFIC OPEN SPACES • SCHOOLS Active Shooter Incident Locations 96 21 15 15 50 5 13 1 a I PREPARING FOR AN ATTACK • IF YOU FIND YOURSELF INVOLVED IN AN ACTIVE SHOOTER SCENARIO, WHAT MATTERS IS SURVIVING. JUST LIKE FIRE/TORNADO DRILLS, MAKING A PLAN IN ADVANCE COULD MAKE ALL THE DIFFERENCE. RUN/HIDE/FIGHT RUN,HIDE.FIGHT • RUN.HIDE.FIGHT READY HOUSTON • HTTPS://YOUTU.BE/TEODXKOZRAO P-111T OUT (RUN/EVACUATE] WHEN AN ATTACK STARTS, IF YOU CAN FIND YOUR WAY OUT SAFELY DO SO. STAY CALM- WILL HELP YOU THINK CLEARLY. LOOK FOR COVER/CONCEALMENT. VISUALIZE YOUR MOVEMENTS IN ADVANCE (EXIT SIGNS). HELP OTHERS WITHOUT PUTTING YOURSELF IN DANGER. c11,CURE YOUP I r CATION (HIDE] IF YOU CAN'T GET SAFELY TO AN EXIT. GET TO A ROOM OR CONFINED AREA YOU CAN LOCK DOWN. GET INTO A CORNER/AWAY FROM WINDOWS [DRYWALL WON'T STOP A BULLET). STEPS TO TAKE: LOCK OR BARRICADE THE DOORS. TURN OFF THE LIGHTS. MOVE AWAY FROM WINDOWS. SILENCE YOU CELL PHONE. • REMAIN QUIET. DEFEND YOURSELF [FIGHT/TAKE ACTION] • IF YOU CANNOT ESCAPE THE LOCATION AND YOU CANNOT SHELTER IN PLACE, YOU MAY HAVE TO DEFEND YOURSELF AS A LAST RESORT. • LOOKED FOR IMPROVISED WEAPONS: • FIRE EXTINGUISHER • BROOM • GLASS BOTTLE KING AREAS LOOK FOR OBJECTS THAT EFFECT THE SHOOTERS' ABILITY TO: SEE BREATH CONTROL THEIR WEAPON POLICE ARRIVi MOST ACTIVE SHOOTER SITUATIONS ARE OVER WITHIN 10-15 MINUTES. KNOW THAT POLICE WILL ARRIVE WITHIN MINUTES. WHEN LAW ENFORCEMENT ARRIVE, THEY WILL BE IN A HEIGHTENED STATE OF AWARENESS, LOOKING FOR ANY AGGRESSIVE MOVEMENTS. KEEP HANDS VISIBLE • FOLLOW ANY COMMANDS THAT ARE GIVEN • THEIR FIRST RESPONSIBILITY IS TO STOP THE SUSPECT. • MEDICAL PERSONNEL WILL ENTER AS SOON AS THE SUSPECT IS NO LONGER A THREAT OR KNOWN TO BE IN ANOTHER LOCATION. APPLY PRESSURE TO BLEEDING QUESTIONS? • GDALY@AVON.ORG • CCOSPER@AVON.ORG • 970-748-4040 RECOMMENDED RESOURCES • WWW.CISA.GOV • WWW.DHS.GOV • WWW.FBI.GOV QUASI- JUDICIAL WORKSHOP • Nina P. Williams, Town Attorney . • ■ nina@wwfdlaw.com Quasi -Judicial and Ex Parte: De -mystifying Latin terminology Quasi -Judicial versus Legislative Legislative: Broad application, announcing policy, making law Avon C O L O R A D O Amending municipal code, resolutions and proclamations Examples: Amending Town Code, Short term rental ordinance; nuisance, building, zoning and land use codes Quasi-judicial: Narrow application, does not make policy, applies policy Applies existing law to a specific set of facts (and specific property) Examples: Specific land use approvals, historic preservation decisions, licensing hearings, nuisance abatement Quasi -Judicial and Ex Parte: Avon De-mystifying Latin terminology COL 0 R A D 0 Why is this so important? "No state shall deprive any person of life, liberty or property without Due Process of law" (14th Amendment of the United States Constitution) So that everyone with an interest in the case, and all members of the decision - making body, hear the same evidence at the same time from the same sources To ensure opportunity for fair hearing before unbiased decision makers and that each of the members have the benefit of the same input Final decisions can be appealed by anyone adversely affected by decision (with legal standing) Quasi -Judicial and Ex Parte: De -mystifying Latin terminology Impartiality is the standard. May be affected by: Avon C O L O R A D O Ex party Communications: defined as communications between the Council/ Commission/Board and one party, outside the presence of the other parties to the case, or affected individuals. Eg) a neighbor comes up to you at Loaded Joe's to express their concern with a certain development application Pre -judgment or bias: You gave a speech or signed a petition advocating for a specific land use approval. You posted on Facebook that you will never approve any application with affordable housing. You have made clear that all your votes will be "anti"' developer Conflict of Interest: You (or immediate family) have a personal or private interest in the matter proposed (pecuniary interest, financial benefit) Eg)Your spouse owns a restaurant seeking a liquor license Quasi -Judicial and Ex Parte: De -mystifying Latin terminology How do your cure? Either: 1) Recusal - or Disclosure (on the record) Ask yourself: Is your ability to decide the case fairly, presented at the hearing affected? Does an actual legal conflict exist? Does a perceived conflict exist? Did you express a pre -judgment bias? A Avon C O L O R A D O impartially and based solely on the evidence Pro Tip: When in doubt, ask yourTown Attorney! Quasi -Judicial and Ex Parte: De -mystifying Latin terminology avon C O L O R A D O Suggestions to ensure Impartiality Follow the process set out in Code - Analyze, review and apply those factors or standards in an objective manner As opposed to: personal opinions, subjective feelings or individual preferences Base your decisions on the facts, law, evidence and testimony in front of you, properly in the record Public hearing creates a complete "record// You are the fact finder/judge in QJ hearings Whatever is in the record is what is properly considered Should a decision be appealed, the District Court will review the record to determine a decision Therefore, Deliberations are important Consider "thinking out loud" during discussion and decision making so that your reasoning is included in the record Reminder: In quasi-judicial proceedings, you serve as the judge! By Carmen Beery, special counsel, and Nina Petraro, associate, with Murray Dahl Kuechenmeister & Renaud LLP A CONVERSATION ON QUASI-JUDICIAL AND EX PARTE ISSUES The following is a transcript ofa real -fife (imaginary) conversation between a newly appointed municipal commission member and her municipal attorney, meeting over coffee for a little legal training. (It could happen_ And, if it did, it might go something like this_) (commissioner) Thanks for the invitation to discuss legal issues! After 1 was appointed to the commission, my first thought was, "I cannot wait to delve into some ancient legal concepts. " (Atto rn ey) Of course, I think everyone feels that way. We will even sprinkle in some Latin later. Let's start with quasi-judicial issues. f ■Ar I My son has some Nike Kwazi high -tops; loves 'em_ Right. This is a little different. Quasi- judicial issues are those that apply or vary the legal requirements for a specific project, individual or property. Quasi-judicial issues involve the determination of the rights, duties, or obligations of specific people or property by applying the code or other law to the unique set of facts, all in the context of a hearing. In contrast, think of an issue that affects the entire municipality, or a substantial portion of the population — that sort of issue is legislative — making law. Then, think of an issue that affects one homeowner, or one business owner, one particular party, or a singular piece of property — that sort of issue is quasi-judicial — applying the law to particular facts. For example, an ordinance authorizing short-term rentals in the municipality is a legislative issue. Your neighbor requesting a variance to build an addition to her home is a quasi-judicial issue. It also may help to picture your commission acting as a judge, rather than as a legislator. The commission is not making or recommending new laws when it reviews a quasi-judicial issue, but it is rather applying existing laws to specific facts concerning one person or a discrete group of people rather than the entire neighborhood. The most common quasi-judicial issues are zoning and land use decisions affecting an individual property. Other examples are 16 COLORADO MUNICIPALITIES licensing hearings, for liquor licenses and marijuana business licenses, and hearings concerning nuisance abatement, towed vehicles, and tax liabilities. I thought 1 was now a commissioner, not a 'yudge. Well, think of it as if the entire commission is the judge, not just one single member. The decisions you make are important and can have a significant impact on your neighbors. Also, the commission's decision may be appealed to and reviewed by a higher court, just like a real judge's decision. So, every time that we meet, we are having a public 'hearing"? Not necessarily. Sometimes the commission can be meeting to discuss and address a larger issue affecting the community, such as affordable housing or a change to a particular portion of the land use code. Often, the governing body will seek the input of the commission on these sorts of legislative issues, even though the ultimate authority to change the laws remains with the governing body. The commission acts as the "land use advisor" to the governing body, so they welcome your input on legislative topics. Meetings on these general topics are not "hearings," but they are open to the public. All of your meetings are open to the public. But when a meeting does include a public hearing, the commission is required to give a certain amount of notice prior to the hearing; the notice period may depend on the type of quasi-judicial issue being considered. Also, all evidence that the commission considers must be presented at the public hearing. OK. So now 1 know what a quasi-judicial issue is. Why is it important that i know that? Because if an issue is "quasi-judicial," there are certain procedures required to afford due process to those individuals who may be affected by the decision. You also need to make sure that with quasi-judicial public hearings, you aren't having any ex parte communications. A party at a commission meeting? Now we're talking! Tell me more about that. Ha! I wish. It is not as fun as it sounds. Ex parte is an old Latin term meaning "from one part," or "concerning one party alone." An ex parte decision would be one decided by the judge or commission without requiring that all parties to the controversy be present. An ex parte communication is between the judge or commission and one party, and outside the presence of the other parties to the case, or affected individuals. The prohibition against ex parte contacts in quasi-judicial hearings was developed to ensure that everyone with an interest in the case, and all members of the decision making body, hear the same evidence at the same time, from the same sources. It is to ensure basic notions of fairness and justice. Wait. You're telling me that l have to block out my neighbors and friends who want to talk to me about something important? That seems wrong. 1 thought it was a good thing to talk to people, get the community sentiment — do my "homework" on an issue. I know this all sounds frustrating, especially to a well-intentioned active community volunteer such as yourself. However, it is important to remember that this rule is designed to protect the rights of everyone involved: applicants, opponents, and other interested parties and residents who may be ultimately affected by your decision. It also ensures the opportunity for a fair hearing before unbiased decision makers, and that each of the other commissioners have the benefit of the same input. I am still skeptical. What is the worst that could happen if 1 have an ex parte conversation? Please don't give your lawyer a heart attack. This is actually a very important rule to follow. When a decision maker engages in ex parte discussions about a case, and then proceeds to participate and vote on the matter, anyone adversely affected by that decision (with legal standing, which we don't need to get into) could appeal the decision to district court. If the appealing party proves that the commission failed to provide due process, the decision can be vacated and the matter sent back to the commission for a second look. Holding a second hearing is obviously costly, and creates a long delay for the applicant and for the community. And we did not even mention the negative press the city would inevitably receive. Yikes? l wouldn't want to jeopardize the commission's decision. But what if someone says something to me before 1 tell them that 1 cannot talk about it? l cannot "un-hear" what 1 have already heard. First, you would need to disclose the communication on the record, in as much detail as possible, at the beginning of the public hearing. If you truly and sincerely believe that the ex parte communication did not affect your ability to decide the case fairly, impartially, and based solely on the evidence presented at the hearing, you may be able to participate in the hearing after the disclosure. You and I should consult on this topic prior to the hearing. If you know that the ex parte communication has biased you, despite the fact that you have openly disclosed and discussed it, you should "recuse" or remove yourself from the hearing, discussion, and the vote. What if 1 have a question: before a hearing that 1 really want answered going into the hearing? Is there anything i can do to try to get it answered? You can contact staff, me, or your other municipal attorneys. We can determine the best way to address the question. Anything else you think 1 should know? Please know that your attorneys are not trying to be annoying or needlessly picky when we bring up these distinctions or cautions. These rules exist not only to protect you, but more importantly, they are in place to ensure the kind of fairness and due process our constitution was built upon. And I forgot my wallet. How much cash do you have? • That Councilmembers and public attendees leave the public hearing feeling it was fair and their views were heard and appreciated. Ift • Announce the rules, order of hearing, and applicant's rights at the beginning, then stick to Conductingrules. • Assign time for public comment from the beginning. Public • Suggest speakers do not repeat prior testimony if they can state they agree with an earlier speaker. • • Public testimony is to be directed to the Council — speakers may not ask questions to staff or Hearinas the applicant or the Council (both staff and applicant will have an opportunity at the end of the testimony to answer questions from the Council) • Make sure that all attendees at the public hearing know they have the right to speak. • Give witnesses yourfull attention. • Thank all the speakers for appearing. • Don't discuss other applications that are in process. ` • • • To make a full presentation • To present multiple witnesses • To respond after public comment closes Open Public Hearing Town Staff report Applicant presentation Council Questions (if applicable) Public Comment Applicant rebuttal, closing statement (if applicable) Town Staff rebuttal, closing statement (if applicable) Council questions (if applicable) y. Council Discussion and Deliberation so. Call for Motion. Final vote/decision/action Ta ki n "I move to approve/deny ... based upon..." (and with the following conditions - You must take some kind of action (make a motion and vote on it) - Cannot refuse to make a motion or do anything, and move on (applicant has the right that their application moves on and is considered) - Amendments to motions: must be germane to the main motion; good way to add one or a series of conditions Importance of "Findings" and reasons for Approval or Denial - "[A] record of proceedings before the Board must contain details of the evidence presented and proper grounds and reasons to support its decision." Murray v. Board of Adjustment of Larimer County - Draw conclusions based upon evidence in the record and made during the hearing - Decisions should be based upon objective Code criteria, factors or requirements (compliance w/ Code) - Decisions should not be based upon preferences or personal opinions, fit Vote on the application/request before you - The Applicant is in charge of the application, not Council - If request for rezoning to MFS, that is what you vote on. - Members of the body may not conduct separate research and attempt to enter it into the hearing record. (exparte and pre -judgment) ❑x Failed motions - Means no action or decision was made - If a motion fails, someone on the "prevailing side" should immediately move to take the opposite position Grounds for Denial of the .ode. condition m posed pinion density, it Conditions of Approval. • Acceptable Conditions: Conditions relating to review criteria or mitigating impacts (when a criteria) • Conditions which support enforcement of the technical requirements of Tow Code • (eg: drainage easements) • Corrections to the plat • Land dedication requirements (eg: ROW; rely on staff recommendation) Requirements for maintenance of common elements (eg: to establish HOA) Preservation of trees and vegetation • Redirecting traffic patterns Conditions offered voluntarily by the applicant • Unacceptable Conditions: • Density restrictions (where inappropriate; where Code doesn't allow) • Matters outside scope of the applicable portions of Code • Conditions which have no Code basis • Architectural review standards, where none exist • Technical Requirements: • Town has professional staff to review drainage plans & developmt design • Trust your staff! • Good time to ask staff technical questions: before the hearing Dnen Meet -inns Law (C.R.S. 2/-L-b-/-LC Meetings of Council, Boards or Commissions must be open to the public, and preceded by a full and timely notice "if officials use e-mail to discuss (the merits or substance) of legislation or other public business among themselves, the e-mail shall be subject to the requirements of this section. "pending "Meeting" defined as any kind of gathering, convened to discuss public business - in person; by telephone; electronically; or by other means of communication • Does not apply to "chance meeting" or social gathering where discussion of public business is not central purpose. What about members texting, or messaging, during a meeting? *With each other about issues listed on the agenda (instead of for all to hear)? • With staff? • With developers/applicants/lobbyists/interest group? "Public business" means a public body's policy -making functions, discussing or undertaking a rule, regulation, ordinance, or formal action. Executive Sessions • Exception within Open Meetings Law • Policy basis: when public interest best served if certain, limited matters discussed in private •OML specifies permitted basis (advice from attorneys; real estate transactions; negotiations; personnel matters) • Purpose: deliberate, not make final decisions • Process: announcement of lawful purpose, vote of 2/3 present n Avo n C O L O R A D O • Questions? • Future workshop topics? ��Wilson Williams Fellman Dittman Town Code of Ethics Avon C 0 L 0 R A D 0 Charter Section 5.5(d) "Council shall adopt a Town Code of Ethics which shall set forth ethical standards and standards of conduct for elected and appointed officials of theTown." Avon Municipal Code - Chapter 2.30 "Town Code of Ethics" Town Code of Ethics 2.30.020- Declaration of policy ,avon C O L O R A D O "The proper operation of democratic government requires that: public officers be independent, impartial a n d responsible to the people; that government decisions and policy be made within the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. The purpose of this code is to establish guidelines for ethical standards of conduct for all such officers by setting forth those acts or actions that are incompatible with the best interest of the Town, and by directing disclosure by such officers of private financial or other interests in matters affecting the Town." Town Code of Ethics AMC Chapter a.3o A"vo n C O L O R A D O Prohibits Council Members from taking action in their capacity for the Town when there is a conflict of interest. The conflict of interest restrictions primarily concern matters in which a Council Member may have a significant financial interest, including a potential future financial interest, but also addresses an "appearance of impropriety". The Code of Ethics dictates that Council is to determine if a conflict of interest exists; this is not a determination of an individual Councilor. Under the Code of Ethics, a conflict of interest may be determined by the Council to exist when an actual conflict does not exist, but merely the appearance of a conflict exists. Town Code of Ethics AMC Chapter z.3o lu Avon C O L O R A D O Council members are required to disclose conflicts of interest, refrain from attempting to influence other members of the Council on the matter, refrain from discussing the matter with other Council members, may not vote on the matter and must leave the Council chambers when the matter is being discussed. A general rule is if the matter involves anything in which a Council member has or might have a direct or indirect financial interest, except for matters of common public interest, such matters must be disclosed, and the Council will promptly vote to determine whether a conflict of interest exists. Consult with the Town Attorney whenever there is any question about whether you may be determined to have a conflict of interest. If in doubt, always disclose the matter at a Council meeting. Town Code of Ethics 2.30.170 —Gift Reporting Avon C O L O R A D O Any Town Officer who receives any present, or offer of future, individual gift, favor, loan service or thing of value in excess of $50, and such gift is offered due to such person's status as a Town Officer then such officer shall report such gift and the estimated value to the Town Clerk. The Town Clerk shalt promptly disclose gifts received, or offer of future gifts, to the Town Council. Council shall determine if such gifts constitute a conflict of interest. Council members who are the recipient of a gift shall not vote on whether such gift constitutes a conflict of interest unless such gift is offered to Council as a whole or offered to Town generally. Gifts which are given by an individual who is a relative or personal friend of the recipient on special occasions shall not be deemed a conflict of interest. Gifts which are given without the purpose or intent to influence a Town Officer in connection with an official act or as a reward for an oficial act performed, and gifts which do not create the appearance of impropriety, shall not be a conflict of interest. Gifts which are determined by Council to be a conflict of interest shall be returned. Avon Town Council Simplified Rules of Order These Simplified Rules of Order establish rules and procedures for Avon Town Council meetings. The intent is to set forth simplified rules which are readily accessible and usable by the Avon Town Council members and understandable by the general public. The provisions of the Home Rule Charter, the Avon Municipal Code, or any ordinance adopted by the Avon Town Council shall govern and apply in the event there is any conflict with these Simplified Rules of Order. Unless otherwise indicated, any reference to the term "Mayor" shall also mean "Mayor Pro-Tem" or "Acting Mayor" in the absence of the Mayor as set forth in the Avon Home Rule Charter. I. Standards of Conduct for Avon Town Meetings: The Avon Town Council finds that the foundation of municipal democracy rests on open, respectful and informed discussion and debate balanced with the necessary efficiency required to take action in the public interest. Reasonable persons will often disagree on many public matters which arise before elected and appointed officials. The process of discussion and debate is essential to the ability of elected and appointed officials to render the best decisions possible for the Avon community. The following standards of conduct are considered the minimum standards for elected and appointed officials. A. Elected and appointed officials shall conduct themselves in a mature manner that is becoming of public officials, shall respect one another and shall respect members of the public. B. Elected and appointed officials shall refrain from profanity, rude behavior or personal attacks and shall promptly apologize to both the board and the recipient of any such behavior in the event of a temporary lapse of appropriate behavior. C. The Mayor shall be responsible for maintaining civility, decorum and order throughout the meeting. D. Members of the Avon Town Council shall not communicate between or amongst themselves by text message, a -mails or other forms of electronic communication during a Council meeting. E. Members of the Avon Town Council shall promptly disclose and announce the sending or receipt by a Council member of a text message, e-mail or other form of electronic communication during a Town Council meeting, to or from any person, for any such communication that concerns a matter on the Town Council agenda for that meeting. II. Mayor: Every meeting of the Avon Town Council shall be presided over by the Mayor. If the Mayor is absent the Mayor Pro -Tern shall preside over the meeting. If the Mayor has a conflict of interest on a matter then the Mayor Pro-Tem shall preside Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Amended and Readopted on August 13, 2024 by Resolution No. 24-17 Page 1 of 7 over the meeting for such matter. If the Mayor and Mayor Pro -Tern are absent, or if they both have conflict of interest on a matter, then a quorum of Council members shall appoint an Acting Mayor by motion who shall then preside over the meeting or shall preside over such matter for which the Mayor and Mayor Pro -Tern have conflict of interest. The Mayor shall strive to moderate Council meetings with impartiality, shall strive to allow input from all other Council members on matters before expressing his or her opinion, and shall refrain from making a motion or seconding a motion until it is apparent that no other member of the Council will do so. III. Agendas: The following rules and procedures shall apply to agendas: A. The Mayor shall determine the agenda in consultation with the Town Manager. The Town Council may direct items to be included on an agenda. Individual Council members may contact the Mayor to request inclusion of a matter on an agenda. The Mayor shall consult with the Town Manager and exercise discretion to determine if the matter should be included on the agenda as a discussion item or an action item. B. After roll call, the Council shall approve the agenda by motion by a majority of the quorum present with any additions or deletions Council deems appropriate. C. The Council may take action by motion at any time during a meeting to schedule discussion or action items on a future agenda which shall be scheduled by Town Staff. D. Noticing for action items and public hearings shall be in accordance with applicable law. IV. General Attendance Policy: Effective, involved, and informed governance of the Town of Avon necessitates the attendance of all elected and appointed council members at all Town Council meetings and work sessions to the utmost extent possible. If a council member is unable to attend a Council meeting or work session they must make a reasonable effort to provide written notice via e-mail and/or text message to the Town Clerk, the Town Manager, and the Mayor prior to the time in which the meeting or work session is set to begin or as soon as practicable thereafter. A ten (10) minute grace period shall be permitted for a Council member to arrive following the commencement of a Council meeting or work session before such tardiness shall be considered an absence. In the event a council member accrues four (4) consecutive absences or six (6) total absences from Council meetings or work sessions in a calendar year, the procedures set forth in Avon Municipal Code Chapter 2.05 — Removal of Council Members — shall apply. Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Amended and Readopted on August 13, 2024 by Resolution No. 24-17 Page 2 of 7 V. Remote Attendance Policy: The preference and expectation of all Council members is to attend Council meetings in -person whenever possible in recognition of the efficiency and effectiveness of in -person participation when conducting the public business of the Town of Avon. However, there may be occasional times when in -person attendance is not possible by Council members. Council finds that remote attendance by Council members is preferable to not permitting participation or delaying the conduct of public business. Participation by remote attendance shall comply with this Section V and any applicable laws. Notwithstanding any provision contained herein, no member of Council is guaranteed the ability to participate in any meeting by remote attendance. Council members shall not be permitted to attend more than four (4) total Council Meetings remotely per calendar year, excluding virtual -only meetings. A. Remote attendance means participation by video or audio means, such as Zoom, Webex, Microsoft Teams or similar platform, which is clear, uninterrupted and allows two-way communication for the participating Council member. B. Council members may participate in a Council meeting by remote attendance when travelling out-of-town, when ill, or when unusual or unforeseen circumstances do not allow in -person attendance. Council members who are ill are encouraged and expected to participate by remote attendance. C. A Council member who desires to participate by remote attendance shall notify the Town Clerk, the Town Manager, andtheMayor as early as possible in writing via e-mail and/or text message. Upon receipt of such written request, the Town shall use its best efforts to provide the technical means necessary to fulfill such request from Town Hall; provided, however, it shall be incumbent upon the Council member who desires to participate by remote attendance to provide the technical means necessary to facilitate remote attendance from their remote location. D. A Council member who is participating through remote attendance (1) shall be entitled to participate in all Council matters in the same capacity as a Council member in physical attendance, including participation quasi-judicial matters and executive sessions; (2) shall be counted for purposes of establishing a quorum; (3) shall have the opportunity to express comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and adopted procedures; (4) shall be heard, considered, and counted as to any vote taken; (5) shall be called during any vote taken and shall have such Council member's vote counted and recorded by the Town Clerk and placed in the minutes for the corresponding meeting; and, (6) may leave a meeting and return as in the case of any member upon announcement of such leaving and returning. When any member of Council is participating by remote attendance, all votes taken shall be conducted by roll call vote. E. The Mayor, Mayor -Pro Tern or other designated person who is presiding over the meeting shall have the discretion to mute any Council member who is participating Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Amended and Readopted on August 13, 2024 by Resolution No. 24-17 Page 3 of 7 through remote attendance when distracting and extraneous noise is occurring through the remote attendance. The officer who is presiding over the meeting may delegate to the ability to mute Council members to the meeting host with controls for the meeting platform. The officer who is presiding over the meeting shall use best effoIis to recognize and provide opportunity for Council members who are participating via remote attendance contribute to the discussion and express comments. The officer presiding during the meeting shall designate the individual who Council members should contact during the meeting in the event of technical difficulties or in connection with other matters related to items not appearing on the agenda for the meeting in which the Council member is participating by remote attendance. F. In the event that there is significant disruption in the connection or communication with a Council member, or members, who are participating via remote attendance which frustrates and disrupts the efficiency and effectiveness of the Council meeting, the officer presiding over the meeting or a majority of Council members who are attending a meeting in -person may choose to terminate the remote attendance of such Council member or may choose to continue or table the Council meeting or agenda matter to a later time. G. Council members who are participating via remote attendance are expected to be situated in a stationary location with adequate internet service with video camera on and presenting in a professional manner similar to in -person Council meeting attendance. VI. Motions: All official Town Council actions are initiated by motion. These following rules and procedures apply to motions. There are two basic motions: action motions and procedural motions. Only one action motion may be on the floor at a time. A procedural motion may be proposed, discussed and acted upon when an action motion is on the floor or at any other time. A. Basic Motion: The basic motion to take action is stated as, "I move to ...." Every motion requires a second. Once a motion is made no further discussion can continue until a second is made to support the motion. B. Discussion: All Council members have the right to discuss the motion on the floor. Discussion cannot be concluded unless (1) all Council members present consent or (2) a majority of Council members present approve a procedural motion to "Call the Question" and end debate. C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any time prior to the vote on the motion and may interrupt a speaker to withdraw the motion and consent of the Council member who seconded the motion is not required. The motion is immediately withdrawn; however, the Mayor may then ask the Council member who seconded the withdrawn motion and any other Council member if such Council member wishes to make the motion. Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Amended and Readopted on August 13, 2024 by Resolution No. 24-17 Page 4 of 7 D. Amendment to Motion: Any Council member may request an amendment to a pending motion. The maker of the pending motion and Council member who seconded the motion must consent to the proposed amendment. Any Council member may also propose a substitute motion to a pending motion which also requires consent of the maker of the pending motion and the Council member who seconded the pending motion. E. Procedural Motion: A procedural motion may be made at any time and may impose or modify any procedural rule provided that such procedure is not in conflict with the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. Procedural motions require a majority vote of the quorum present. F. Motion to Call the Question or End the Discussion: A motion to "call the question" (also known as a motion to end the discussion) is a procedural motion to end debate and discussion. A motion to call the question cannot be made until each Council member has had at least one reasonable opportunity to ask questions and express his or her opinion on the matter. Once a motion to call the question is made and seconded, it shall be the Mayor's discretion to allow any fmlher discussion on such procedural motion for the purpose of clarifying any technical, procedural or legal issue related to the procedural motion. A motion to call the question requires a majority vote of the quorum present. Once a motion to call the question is approved, the pending action motion on the floor must be voted upon promptly or, if no action motion is pending, the Mayor shall proceed to the next agenda item. G. Motion to Continue: A motion to continue an agenda item must include a specific future Council meeting date, time and place for the continued matter to be considered again without re -noticing a required public hearing. H. Motion to Table: A motion to table places the agenda item on hold and does not require a specific time for the return of the agenda item. I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any rule in this Simplified Rule of Order. Such motion may be made and requires a supermajority vote of a majority of the quorum present plus one for approval. A motion to suspend rules may not supersede the procedural requirements of the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. I A Motion to Reconsider: A Motion to Reconsider allows the Council to reconsider a vote on a matter. A Motion to Reconsider may only be made and considered if made and acted upon less than twenty-eight (28) days after the date of the Council action to be reconsidered and may be made only by a member of Council who voted in the majority on the motion which is proposed for reconsideration. Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Amended and Readopted on August 13, 2024 by Resolution No. 24-17 Page 5 of 7 VII. Meeting Conduct A. Point of Privilege: A Council member may interrupt the speaker to raise a matter related to the comfort of the meeting, such as room temperature, distractions, or ability to hear speaker. B. Point of Order: A Council member may raise a Point of Order at any time that the Mayor permits meeting conduct which does not follow these Simplified Rules of Order or otherwise fails to maintain civility and decorum by the Council and the general public. C. Appeal: A Council member may move to appeal the ruling of the Mayor on any procedural matter or other decision related to the conduct of the meeting. If the motion is seconded and, after debate, it such motion passes by a simple majority vote of the quorum present, then the ruling or conduct of the Mayor shall be overruled and reversed. D. Call for Orders of the Day: A Council member may call for Orders of the Day when such Council member believes that Council discussion has strayed from the agenda. No second or vote is required. If the Mayor does not return to the agenda, then such ruling may be appealed. E. Adjournment: The Mayor may announce the meeting adjourned when there are no further items on the agenda which have not been addressed. The Council may adjourn a meeting at any time by motion, second and approval by a majority of the quorum present. VIII. Public Comments: Council agendas shall include a general item labeled "Public Comment" near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. The timer for public comment shall begin promptly after the speaker states their name and place of residence. IX. Public Hearing: The following general rules shall apply to the order and conduct of public hearings. These rules may be modified or suspended by Motion to Suspend Rules. A. The Mayor shall open the public hearing by announcing the topic of the agenda item. The Mayor shall at all times during public hearings strive to maintain civility, decorum and order. Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Amended and Readopted on August 13, 2024 by Resolution No. 24-17 Page 6 of 7 B. The Mayor and/or appropriate Town Staff person shall introduce the topic, explain the applicable procedures and laws, and provide any presentation by the Town. C. The applicant, licensee or appellant shall have the opportunity to present information, provide testimony, or respond to any comments or details in the Town's presentation. D. The Council shall have the opportunity to ask technical questions of the appropriate Town staff, Town officials and the applicant, licensee or appellant but Council members shall not express opinions on the matter prior to opening the public hearing for public comment. E. The Mayor shall officially open the public hearing for public comment and shall allow for members of the public to provide comment to the Council. The Council may approve a time limitation not less than 3 minutes for individual public comment and may approve sign-up sheets or other public comment procedures to promote order and efficiency by a majority vote of the quorum present provided that individuals shall be permitted to yield his or her public comment time to another speaker. After all public comments are received, or if the Council determines that the volume of public comments requires additional time and moves to continue the public hearing, the Mayor shall close the public comment portion of the public hearing. F. The Council may discuss the merits of the topic of the public hearing and take such action as deemed appropriate after the public comment po 11 ion of the public hearing is concluded. If the volume of public comments requires a continuation, if additional information is required to consider the public hearing matter, or if the Council determines that additional time is warranted to consider the matter of the public hearing, the Council may continue the public hearing to a later date and may re -open the public comment p011 ion of the public hearing at any continued public hearing. X. Executive Sessions: Council may convene into executive session at any time by the affirmative vote of 2/3rds of the quorum present and by announcing the specific statutory citation and purpose of the executive session in accordance with the Colorado Open Meetings Law, CRS §24-6-402(4). The Council is not permitted to take official, final action on any matter in executive session. Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Amended and Readopted on August 13, 2024 by Resolution No. 24-17 Page 7 of 7 Winter Leadership Retreat A February 4, 2025 Avon C 0 L 0 R A D 0 Winter Leadership Retreat February 4, 2025 n Avon C 0 L 0 R A D 0 Winter Leadership Retreat A February 4, 2025 Avon C 0 L 0 R A D 0 Winter Leadership Retreat February 4, 2025 n Avon C 0 L 0 R A D 0 Winter Leadership Retreat February 4, 2025 n Avon C 0 L 0 R A D 0 Winter Leadership Retreat A February 4, 2025 Avon C 0 L 0 R A D 0 Winter Leadership Retreat A February 4, 2025 Avon C 0 L 0 R A D 0 Winter Leadership Retreat A February 4, 2025 Avon C 0 L 0 R A D 0 Winter Leadership Retreat A February 4, 2025 Avon C 0 L 0 R A D 0 ,, _ - _ � .. �� -_ .a ., �__ x �� .�,_ a_�:. ... .,, ��