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TC Minutes 03-14-2023AVON REGULAR MEETING MINUTES TUESDAY MARCH 14, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c o L o R A D o 1. CALL TO ORDER AND ROLL CALL The meeting hosted in a Hybrid format, in -person at Avon Town Hall and using Zoom.us after technical difficulties were resolved. Mayor Amy Phillips called the March 14, 2023 Council regular meetingto order at 5:01 p.m. A roll call was taken and present were Councilors Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, and Mayor Phillips and Mayor Pro Tem Tamra Underwood, and absent was Councilor RJ Andrade. Also present in person were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly, Recreation Director Michael Labagh, Public Works Director Eva Wilson, Cultural Arts and Special Events Manager Danita Dempsey, and Human Resources Manager Karyne Spadi. At the call to order, it was noted there were internet connectivity issues being resolved and no internet connection available. The start of this meeting could not be recorded nor hosted in hybrid format, but later resumed as intended. 2. APPROVAL OF AGENDA Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Pro Tern Underwood requested that prior to Business Item 5.1. Councilors give an allowance to CASE Manager Danita Dempsey for her to present the launch of the Town's Upcycle Banner Bags sale at Avon Rec. She further added she would like to provide historical background to the Puder Ditch as part of Business Item 5.8. With no additional changes discussed, Councilor Thuon presented a motion to approve the Agenda, as amended. Councilor Hardy seconded the motion. It was approved with a 6-0 unanimous vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT 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. Without internet service, Mayor Phillips asked if there was any public comment from those present in the room. Bianca Kozar, resident of the Sun ridge Condos in Avon, took the podium and stated that when she walks from her home to work at the Westin Riverfront, she crosses the bridge at West Beaver Creek Blvd which she believes would benefit from the addition of a pedestrian crossing sign. At 5:08 p.m. internet service resumed, and all technical difficulties resolved, allowing the meeting to begin recording, and to be broadcast, at which point Zoom resumed as well under the meeting's intended hybrid format to facilitate public comment from those on Zoom. Video Start Time: 00:00:43 Kathy Ryan resident of Avon asked if Council was aware of a story on the news relative to Senator 1 AVON REGULAR MEETING MINUTES Avon TUESDAY MARCH 14, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Hickenlooper spearheading a lawsuit against the postal service for poor service offered to certain communities in Colorado. She stated Avon has very bad postal service and excessively long wait times. She asked if Avon had any intention to join suit in suing the post office for their bad service. Town Manager Eric Heil and Town Attorney Karl Hanlon explained that the Town of Avon is already part of the group she mentioned, and that Mr. Hanlon's law firm is handling the potential legal action. Hanlon added that he anticipates his firm will produce the first draft of this analysis on Friday, to be discussed among Councilors in executive session. No further public comment was made in person nor on Zoom. Video Start Time: 00:04:15 CASE Manager Danita Dempsey delivered a presentation on the launch of the sale of the Town's Upcycle Banner Bags at Avon Rec. She stated it is a project that has been ongoing for a few years, spearheaded by Special Events Coordinator Chelsea Van Winkle whom she thanked because she "hit it out of the park". Old town banners that have been in storage for many years are upcycled into reusable totes and bags, available for purchase on Friday at Avon Rec at a cost ranging between $10-$20 depending on size. 5. BUSINESS ITEMS 5.1. Chiefs Community Partnership Awards for Shop with a Cop (Chief of Police Greg Daly) Video Start Time: 00:06:28 5:16 pm Police Chief Greg Daly delivered a presentation related to the Shop with a Cop program. After explaining the purpose, procedure, value, operation, and positive social impact of this program during the holidays, he extended Community Partnership Awards to those in the community who donated time and moneys to this noble program, as listed in the packet. Photographs memorializing this award ceremony were captured by administrative staff from the Avon Police Department. Council expressed their deepest thanks to all those involved. 5.2. Flock Safety License Plate Reader defensive net around Town of Avon (Chief of Police Greg Daly) Video Start Time: 00:14:55 Police Chief Greg Daly delivered a presentation to request approval for the launch of a license plate reader defensive network around all 8 Town of Avon entry points. He explained patrol cars already have this technology. He added monitoring entry points to Town of Avon would further improve crime solving abilities at the Avon Police. He stated that with this technology, intel- gathering, and data -sharing would be enhanced. He introduced Andrew Warren from Flock Safety, the technology company selected for this solution. Warren delivered a presentation on why flock Safety is the ideal technology company to provide this solution in Avon. After technical and operational information was provided to Council, Councilor Carroll inquired on the status of the grant which would fund the launch of this program and received additional information from Chief Daly on the timeline. He then asked if these cameras are solar and was advised they will be hardwired to light posts to ensure adequate operations. Chief Daly added that Avon facilities and public works would study the best location for their placement. Councilor Carroll then asked for additional information related to information sharing and interagency cooperation and was AVON REGULAR MEETING MINUTES TUESDAY MARCH 14, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO advised in doing so, Avon gains access to their data. Councilor Carroll then inquired about the subscription -based model and cancellation fees for the program, along with service level expectations and was advised they are appropriately documented in the contract and the Town is comfortable with the terms. Chief Daly then stated there is a discount for hiring Flock Safety in a 3-year contract and suggested this be considered. Councilor Thuon asked if signage needed to or should be put up to deter crime and advertise the use of this technology. Chief Daly advised it would be unfavorable to add signage as it would reduce the element of surprise. Councilor Thuon asked if this is akin to Big Brother and was advised the database is only accessed when there is cause to use it, with policies and procedures to govern it. Councilor Thuon expressed support and then asked if the Town can use these cameras to catch speeders. He was advised by Town Attorney Karl Hanlon that you cannot use speed cameras by State Law. Councilor Stanley further inquired legal requirements for signage and was advised the only mandate is for cameras used in shared spaces on private property and that this technology does not infringe on community privacy because it is unmonitored and only searched with specific leads, checks and balances. No public comment was made. Councilor Carroll presented a motion to approve the action of launching a License Plate Reader defensive net, with a 3-year subscription. Councilor Hardy seconded the motion. It was approved with a 6-0 unanimous vote of those present. 5.3. Avon Police Department Facial recognition approval Chief of Police Greg Daly) Video Start Time: 00:40:40 Police Chief Greg Daly delivered a presentation on facial recognition technology. He advised its use would conform to Senate Bill 22-113 and would be used to compare suspect images with the images contained in databases of the DMV driver's license pictures, Colorado Bureau of Investigation mugshots, LUMEN booking photos. He explained the policies and procedures applicable and added that an accountability log would be presented to Council every 2 years by law. He explained implementation requires 3 community meetings and responding to a questionnaire. He added the timeline is to allow for public comment for approximately 2-3 months, return to Council for approval, then wait an additional period of 3 months mandated by law before the use of the technology. He summarized a 5-6 month launch timeline and training will be given to Avon Police Officers and Detectives before its use. Councilor Carroll appreciated the statutory mandate to hold 3 public meetings and inquired how these will be advertised. Councilor Thuon asked if this too is a subscription -based model. He was advised the only additional cost for this program is $3,000 for training officer budget. Councilor Thuon then expressed support. Councilor Hardy asked if this can be perceived as Big Brother. She wondered how best to convince the community that it is not intrusive. It was noted that this is not live surveillance and only compares suspect faces to databases, and a court -approved search warrant is needed for any live surveillance. 3 AVON REGULAR MEETING MINUTES TUESDAY MARCH 14, 2023 AV O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c o L o r, A c o Councilor Stanley asked if suspect images could also be compared to security camera feeds and videos captured by phones, and it was explained that it would depend on the resolution of the footage in question. Mayor Pro Tern Underwood inquired on LUMEN and its function, and it was explained that LUMEN is a bridge and intelligence tool used to exchange information contained in police reports from 80 fellow police agencies across the State. He added there is an option to also link to NCIS to analyze potential matches to those with military background. She summarized the process is long and reminded Chief Daly to hold unbiased public meetings so that the public feels they are welcome to speak in opposition, which he agreed to. She asked that when the accountability report is presented to Council after public meetings, it be done in person and not through written report. Before opening comment to the public, Mayor Phillips summarized the statements of Chief Daly and fellow Councilors. Bianca Kozar, resident of the Sunridge Condos in Avon, took the podium and inquired why this technology isn't used to catch speeders. She was advised this technology can only be used to compare the footage of private citizens with the databases listed. Chief Daly closed remarks by clarifying any citizen may capture footage in public, but government has limitations to respect privacy. No additional public comment was made. Mayor Pro Tern Underwood presented a motion to approve the issuance of a letter of intent to use facial recognition technology. Councilor Stanley seconded the motion. It was approved with a 6-0 unanimous vote of those present. 5.4. Work Session: E-Bike Rebate Program (Marketing & Communications Manager Elizabeth Wood) Video Start Time: 01:04:27 General Government Manager Ineke de Jong delivered a presentation on the Town's existing E- Bike Rebate Program. She invited Council to revisit the eligibility criteria to make the program more accessible in 2023. After deliberations from Council, the program's eligibility criteria was restated to allow for: (i) any e-bike purchase between $400-$1,000, used or new, to receive a $200 rebate; (ii) any e-bike purchase online of $400 or more to receive a $200 rebate; and, (iii) any new bike purchase in a local business in Eagle County of $1000 or more to receive a $400 rebate. 5.5. Mountain Pact Letter of Support (General Government Manager Ineke de Jong) Video Start Time: 01:21:15 Town Manager Eric Heil delivered a presentation related to Mountain pact on behalf of General Government Manager Ineke de Jong. He invited Councilors to sign -on as individuals if they are so inclined, indicating the method to do so. Mayor Phillips reminded her fellow Councilors of the challenge to obtain unanimity in signing jointly on behalf of Avon. Without such consensus and with Councilor Andrade's absence, each Councilor agreed to the discretion given to sign individually unless Councilor Andrade requests that the topic be discussed anew. 4 AVON REGULAR MEETING MINUTES Avon TUESDAY MARCH 14, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5.6. Work Session: Old Town Hall Site Landscaping Plan (Town Engineer Justin Hildreth) Video Start Time: 01:30:45 Town Engineer Justin Hildreth delivered his presentation related to the Old Town Hall Site Landscaping plan. After deliberations from Council, consensus was to consent to the budget while eliminating the use of stone art bases and limiting the use of seating stones but increasing park benches. Mayor Phillis inquired on the number of Contractors for the project and was advised it will only be one Contractor in charge of the entire project for ease of accountability. Additional discussion included a future review of how the Town obtains public bids, publishes requests for proposals, and garners the attention of local contractors. Councilor Hardy noted architectural costs included in the plan appeared high and needed additional review. There was no public comment. Town Manager Eric Heil advised Council that sufficient deliberations and adequate direction were given to proceed with a request for proposal and added that the topic will be addressed again once there is a Notice of Award. 5.7. Resolution 23-03 Adopting Right of Way permit fees (Town Engineer Justin Hildreth) Video Start Time: 01:58:53 Town Engineer Justin Hildreth delivered his presentation related to adopting right of way permit fees. He recommended larger fees for boring and conduit installation, to cover town expenses on placing fiber optic where and when appropriate. He explained it is a $50 flat fee. Mayor Pro Tem indicated that she supports the adoption, although fees appear low, and she would like liquidated damages to be added to the permits in 2024. Councilor Carroll asked how $50 came to be and was advised it is an estimation. Mayor Phillips stated this is long overdue. No public comment was made. Mayor Pro Tem Underwood presented a motion to approve the Resolution. Councilor Hardy seconded the motion. It was approved with a 6-0 unanimous vote of those present. 5.8. Notice of Award for Nottingham Puder Ditch 2023 Repair Project (Town Engineer Justin Hildreth) Video Start Time: 02:06:30 Mayor Pro Tem opened the discussion by reading an extract of her father's book on the history of the Puder Ditch and interactions between Messrs. Nottingham and Puder. Project Engineer Tim Thompson then delivered his presentation for the repair project on behalf of Town Engineer Justin Hildreth. He then added that earlier in the day MOCON Pacific completed the Metcalf culvert repair, on schedule and within budget. Councilor Carroll expressed some concerns on obtaining approvals from the railroad company in time for the project. Councilor Stanley noted that most bids came in at a similar cost and were far more costly than the engineering firm's original estimate. Councilor Stanley asked if the project's repairs could wait and be postponed so they take place in the next recession but was advised that current water loss warrants immediate repairs. Mayor Pro Tem expressed concerns related to the quality of the materials used for the repair and durability in cold climates and was advised there is no cause for concern, but the Town will monitor compaction to ensure the material is carefully installed. It was added that the repair material used is plastic, very durable, thick, and stable. Mayor Pro Tem Underwood inquired on 5 AVON REGULAR MEETING MINUTES Avon TUESDAY MARCH 14, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C o L o r, h D o ditch law and Traer Creek maintenance obligations related to 20% of the water they own that runs through the ditch. Councilor Carroll inquired on the project's warranties. With Thompson, Councilor Thuon noted there are approximately 240 sections of material used in the repair. He asked for a comparison of the cost of these materials and the value of the water they carry. He stated that a cost analysis would help. He asked if the Town could install a water cop on each joint to monitor leaks. Town Manager Heil explained that the volume could be estimated with the water authority. He added this is the only diversion point for a big water source. He then specified there is a 2-year warranty and explained that water leaks can be visually observed and inspected. Councilor Hardy and Mayor Phillips also asked staff to obtain information on the volume of water that passes through the ditch, which Heil stated he would obtain for next Council meeting. Mayor Phillips reminded Council that the Town had increased the project's budget before its approval and inquired if the budget was established before or after the engineer's estimate. It was before the engineer's estimate which she stated was inaccurate by a factor of two. Town Engineer Justin Hildreth stepped in to explain how the CIP estimates budgets, contingencies, and adjustments based on estimated and actual costs. No public comment was made. Councilor Carroll presented a motion to approve the Notice of Award. Mayor Pro Tern Underwood seconded the motion. It was approved with a 6-0 unanimous vote of those present. After this vote, Councilor Thuon reiterated the need for a written report with an estimation of volume and value of water carried in this ditch, which Heil stated would be included in the next Council packet. 5.9. Resolution 23-04 Optional Premise License Manager Designation (CASE Manager Danita Dempsey) Video Start Time: 02:44:28 Town Attorney Karl Hanlon and Town Manager Eric Heil delivered a presentation on the roles of liquor licensing from Council, the Liquor Licensing Authority, and the Town Clerk. They were advised that Council may assign an Optional Premise License Manager. CASE Manager Danita Dempsey then delivered her presentation and explained the resolution seeks to remove the name of the employee who was designated prior and restates that it is the position holder who is designated and not a specific individual. No deliberations took place, and no public comment was made. Councilor Thuon presented a motion to approve the Resolution. Councilor Stanley seconded the motion. It was approved with a 6-0 unanimous vote of those present. 6. MINUTES Approval of February 28, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 02:49:30 pm With no discussion or correction, Councilor Thuon moved to approve the Minutes from February 28, 2023, as presented. Councilor Stanley seconded the motion. They were approved with a 6-0 unanimous vote of those present. N. AVON REGULAR MEETING MINUTES TUESDAY MARCH 14, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C o L o R A D o 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority January 26, 2023 Meeting Summary (Mayor Pro Tern Tamra Underwood) 7.2. Draft February 16 CASE Committee Meeting Minutes (Special Events Coordinator Chelsea Van Winkle) 7.3. Planning & Zoning Commission March 7 Abstract (Planner 1+ Max Morgan) * * Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:50:00 Councilor Hardy celebrated the hiring of former Mayor Sarah Smith Hymes and said she was an incredible advocate for the Town of Avon at the CAC meeting. Councilor Thuon stated that the construction project on Metcalf was well executed by MOCON Pacific who should be trained in resurfacing, so they can do everything. He celebrated that they were in and out quickly and didn't slow down traffic, were safe and conscientious and he asked they get used more often since they get the job done. Mayor Pro Tem Underwood stated that on March 12, she attended the Town Hall event at Avon Public Library where she met with Representatives Dylan Roberts and Meghan Lukens. She noted it was a well -attended town hall in Town and it was great. Councilor Carroll asked her what she gleaned from the meeting. She detailed that Roberts expressed clarity on upper basin vs lower basin issues with respect to the Colorado River and acknowledged Avon's leadership in the water coalition. Councilor Stanley thanked Avon PD for Shop with a Cop and noted Officer Colleen Gaspard and Patty Henninger had a room filled with gifts which made her proud of the PD. Councilors again applauded this effort. Mayor Phillips stated she has observed City Market place alcohol in what she believes may be the wrong locations in the store, in violation of their designated premises plan. She added she doesn't have issue with the locations but asked Town Attorney Karl Hanlon and Town Clerk Miguel Jauregui Casanueva to investigate the potential violation. She then stated that Walmart is again giving out paper bags without paying their fee. It was noted that this is the last of their stock and it should self -resolve. Councilor Thuon added that one day marijuana will be sold next to wine. Mayor Phillips then stated that local liquor stores are great supporters of Shop With a Cop and thanked them, and expressed the need to be conscientious of small business given new wine sales at Walmart and City Market which are impacting them. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 08:08 p.m. 7 AVON REGULAR MEETING MINUTES Avon TUESDAY MARCH 14, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c 0 L 0 r A 0 0 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. RESPECTFUL SUBMITTED: Miguel Jaureg I C anueva, Town Clerk APPROVED: Mayor Amy Phillips Tamra Underwood Chico Thuon Scott Prince Lindsay Hardy Ruth Stanley Rich Carroll Absent: RJ Andrade