TC Minutes 03-08-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 8, 2011
A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake Street,
Avon, Colorado in the Council Chambers.
Mayor Rich Carroll called the meeting to order at 5:35 PM. A roll call was taken and Council members
present were, Dave Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips, and Buz Reynolds.
Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town Manager Patty
McKenny, Assistant Town Manager Community Development Sally Vecchio, Assistant Town Manager
Finance Scott Wright, Town Engineer Justin Hildreth, Director PW &T Jenny Strehler, Community
Relations Officer Jaime Walker and Deputy Town Clerk Catherine Mythen, as well as other staff
members and the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Carroll noted a couple of agenda changes as follows:
✓ Moved Sherman & Howard Engagement Letter to after Resolution No. 11 -04
✓ Added Engagement Letter with Hayes, Phillips Hoffmann & Carberry under New Business
Town Attorney Eric Heil noted that the following members had a conflict of interest on two topics:
✓ Councilor Evans & Mayor Pro Tern Ferraro indicated conflict of interest on the Sherman &
Howard Letter
✓ Councilors Phillips, Mayor Carroll and Mayor Pro Tern Ferraro indicated conflict of interest on
the Hayes, Phillips, Hoffmann & Carberry letter
COMMUNITY & CITIZEN INPUT
a. Mike Bennett, Beaver Creek West Lodge, commented on the snowball music festival, noting both
the his opinion on the pros and cons of such a large event
b. Rocky Mountain Pond Hockey Tournament Event Follow up Report (Andy Clark, Patrick Him, Vail
Eagle Hockey Association)
c. Mountain Rural Philanthropy Days" Request for Funding & Response (Jill Kovacevich, Steering
Committee Co- Chair) Email only
CONSENT AGENDA
Mayor Carroll asked for a motion on the consent agenda. Mayor Pro Tern Ferraro moved to approve
the consent agenda; Councilor Phillips seconded the motion and it passed unanimously.
a. Minutes from February 22, 2011
c. Eagle Valley Land Exchange Comment Letter — Water Tank Sites ( Rich Carroll, Mayor)
Proposed letter to the US Forest Service related to the Eagle Valley Land Exchange project and
impacts on the water system infrastructure
Councilor Evans and Mayor Pro Tem Ferraro stepped out of the room at this time due to a conflict of
interest with the next two items. Mayor Carroll then presented the Sherman & Howard Engagement
Letter for Professional Services to engage special counsel services for the town, related to the Buffalo
Ridge Affordable Housing Corporation financial transaction. Councilor Dantas moved to approve the
engagement letter; Council Goulding seconded the motion and it passed unanimously (Evans, Ferraro
recused).
Mayor Carroll took a moment to thank two people still in the audience, the snowball music festival
event promoter, Scott Stoughton, and Avon's Special Event Supervisor, Danita Chirichillo. It was noted
that the Town would review a follow -up report on the event at a future council meeting.
RESOLUTIONS
Scott Wright, Assistant Town Manager Finance, presented Resolution No. 11 -04, Series of 2011,
Resolution approving the Issuance by Buffalo Ridge Affordable Housing Corporation ( "BRAHC ") of
Subordinate Notes; Authorizing Certain Amendments; and Authorizing Incidental Action and introduced
Gerry Flynn, Polar Star Properties as the person who would review the transaction with the council. It
was noted that the Proposed "BRAHC" financial transaction would take advantage of the current
market conditions to improve cash flow of the corporation. Town Attorney Eric Heil noted that he had
reviewed all the documents. It was noted that the town would not be liable for this debt. There was
some discussion about the financial condition of the housing project. Councilor Reynolds moved to
approve Resolution No. 11 -04, Series of 2011, Resolution approving the Issuance by Buffalo Ridge
Affordable Housing Corporation ( "BRAHC ") Subordinate Notes; Authorizing Certain Amendments; and
Authorizing Incidental Action. Councilor Dantas seconded the motion and it passed unanimously by
those members present (Evans and Ferraro recused from vote due to conflict of interest).
Councilor Evans and Mayor Pro Tern Ferraro joined the dais at this time.
ORDINANCES
Sally Vecchio, Assistant Town Manager Community Development, presented Ordinance No. 11 -04,
Series of 2011, Second Reading, An Ordinance Amending Title 7 of the Avon Municipal Code. She
reviewed the proposed code amendments which addressed the topics of medical marijuana, public
notices and water tap fees. She noted that an appendix would be added as an exhibit to the ordinance,
which was actually already part of the Avon Municipal Code. She noted that all the historic
preservation language was removed as well. Mayor Carroll opened the public hearing, no comments
were made, the hearing was closed. Mayor Pro Tern Ferraro moved to approve Ordinance No. 11 -04,
Series of 2011, An Ordinance Amending Title 7 of the Avon Municipal Code without the Historic
Preservation Guidelines language, but including the medical marijuana, the public notices and the tap
fee language. Councilor Evans seconded the motion and it passed unanimously. Again, it was noted
that the historic preservation language would return with the next code text amendment in order to
give a chance to revise the section with a review by the committee members.
NEW BUSINESS
Councilor Phillips, Mayor Pro Tern Ferraro and Mayor Carroll left the room at this time because of a
conflict of interest. Councilor Reynolds was selected to run the meeting at this time. Town Attorney
Eric Heil presented the Hayes, Phillips Hoffmann & Carberry PC Letter of Engagement as Special
Counsel. A motion was made by Councilor Goulding and seconded by Councilor Dantas. The motion
was unanimously approved by those members present (Carroll, Ferraro, Phillips recused from voting
due to conflict of interest).
Councilor Phillips, Mayor Pro Tern Ferraro and Mayor Carroll joined the dais at this time.
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MAYORS REPORT
Mayor Carroll noted that the town council was invited to the "Suicide Prevention Coalition Social
Medial Launch Event ". There was a special thanks to both Dave Dantas and Ron Wolfe for their
support of launching this type of idea and action as a way to provide more community to support to
such suicide prevention.
There being no further business to come before the Council, the meeting adjourned at 6:10 pm.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynows
RESPECTFULLY SUBMITTED:
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Minutes 11.03.08