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TC Minutes 05-09-2023AVON REGULAR MEETING MINUTES TUESDAY MAY 09, 2023 neon 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 was hosted in a hybrid format, in -person at Avon Town Hall and using zoom. us. Mayor Amy Phillips called the May 09, 2023 Council regular meeting to order at 5:00 p.m. A roll call was taken, and present were Councilors Chico Thuon, Rich Carroll, R1 Andrade, Lindsay Hardy, Ruth Stanley, and Mayor Phillips and Mayor Pro Tem Tamra Underwood. Also present were Town Manager Eric Heil, Town Attorney Karl Hanlon, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly, Deputy Police Chief Coby Casper, Fire Chief Karl Bauer, Wildland Coordinator Hugh Fairfield -Smith, Community Development Director Matt Pielsticker, Recreation Director Michael Labagh, Finance Director Scott Wright and incoming Finance Director Paul Redmond. 2. APPROVAL OF AGENDA Video Start Time: 00:00:40 Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Pro Tem Underwood presented a motion to approve the Agenda. Councilor Andrade seconded the motion. It was approved with a 7-0 unanimous vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:04 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:20 No public comment was made in person nor on Zoom. 5. BUSINESS ITEMS 5.1. Fire Mitigation & Fire Evacuation Drill (Chief of Police Greg Daly and Fire Chief Karl Bauer) Video Start Time: 00:02:20 Police Chief Greg Daly and Deputy Police Chief Coby Cosper were joined by Fire Chief Karl Bauer and Wildland Coordinator Hugh Fairfield -Smith with the Greater Eagle Fire District to deliver a presentation to Council related to the Eight Annual Avon Wildridge Fire Evacuation Exercise, including the proposal of a Proclamation to declare May as Wildfire Preparedness Month. Deliberations included inquiries on the use of the new Wildridge sirens, Wildridge's Firewise USA accreditation, and an update from Town Manager Eric Heil and Senior Planner Jena Skinner on the status of Forest Service Road FSR 717.113 relative to its use as an emergency evacuation route. No public comment was made in person nor on Zoom. Councilor Carroll presented a motion to approve the Proclamation. Councilor Stanley seconded the motion. It was approved with a 7-0 unanimous vote. AVON REGULAR MEETING MINUTES Avon TUESDAY MAY 09, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c o L o R A c o 5.2. Discussion about Potential Display of Pride Flag (Town Attorney Karl Hanlon): Video Start Time: 00:25:58 Town Attorney Karl Hanlon delivered his presentation on regulations applicable to displaying flags in Town flagpoles. Councilor Hardy read a prepared statement on the definition of a pride ally and the importance of flying the pride flag in the month of June. Mayor Phillips opened the floor to public comment and Peter H. Halpert, resident of Vail and Gypsum, took the podium and stated that he has been in the Valley and seen it grow since the 1960s. He mentioned the ski towns of Aspen and Telluride and their support and welcome of LGBTQ and highlighted the positive social and financial impact that brought. He noted that Avon's yearly debate on flags makes the Valley seem unwelcoming to LGBTQ and he suggested the Town actively work to put itself in the league of Aspen and Telluride. He requested Avon's support of Mountain Pride. Calyn D. Rieger, resident of Avon, took the podium and spoke in favor of the pride flag being flown in Avon flagpoles. He requested the formation of a diversity and inclusion committee in Avon. He also requested that the pride flag be flown through the months of July and August because of recent attacks to the LGBTQ+ community. Madison Partridge, Executive Director of Mountain Pride, resident of Eagle and stakeholder of Avon, took the podium and spoke on the importance of the Pride flag and its display, as well as the Town's support of Pride in the Park. Nancy Tashman, resident of Avon, took the podium in support of echoing Councilor Hardy's remarks. She then stated she is in favor of diversity and inclusion. Michael Bednarczyk, resident of Minturn, said that when he first moved to Avon, he didn't expect the Pride flag to be flown in Avon roundabouts and found it to have a positive impact. He also agreed with the sentiments expressed prior that Avon should match the Pride events at Telluride. No further public comment was made in person nor on Zoom. Councilor Andrade spoke in support of the LGBTQ+ community and then affirmed his belief that only the flags of U.S.A., Colorado and Avon should be flown on Town flagpoles because raising any specific flag marginalizes others and creates division. Mayor Pro Tern Underwood proposed that the Pride flag be raised starting June 1st and not lower it until July 5th, to have it displayed during the Salute to the USA Avon signature event and during independence day. After deliberations, Councilor Hardy presented a motion to raise the Pride flag in Avon's public flagpoles from June 1st to July 4th and to be taken down on July 5th. Councilor Stanley seconded the motion. It was approved with a 6-1 vote, with Councilor Andrade voting nay. 2 AVON REGULAR MEETING MINUTES TUESDAY MAY 09, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C OLORADO 5.3. PZC Appointments (Planning Director Matt Pielsticker) Video Start Time: 00:51:30 Mayor Phillips indicated that there are PZC candidates ready to be interviewed in the Chambers and on Zoom. Planning Director Matt Pielsticker took the podium to moderate the interviews. He thanked Committee Member Donna Lang for her 3 years of service, and Steve Nusbaum and Martin Golembiewski for their 6 years of service. Pielsticker added there are 4 open positions and 6 applicants participating in this process. They were interviewed in the following order: Greg Strahan was interviewed by Zoom, Ryan A. Wolffe was interviewed by phone, Brad Christianson, Olivia Cook, and Anthony Sekinger were interviewed in person, and Gregg Cooper was interviewed by phone. No public comment was allowed since appointments are made at the discretion of Council. Councilors cast the following votes: 7 votes in favor of Olivia Cook, 7 votes in favor of Anthony Sekinger, 6 votes in favor of Ryan A. Wolffe, 5 votes in favor of Brad Christianson, 3 votes in favor of Gregg Cooper, and 0 votes in favor of Greg Strahan. After deliberations, Mayor Pro Tem Underwood made a motion to appoint Olivia Cook, Anthony Sekinger, Ryan A. Wolffe and Brad Christianson to Avon's Planning and Zoning Commission. Councilor Hardy seconded the motion. It was approved with a 7-0 unanimous vote. 5.4. Work Session: Harry A. Nottingham Park Improvements/Policy Review of Off -Leash Dog Area and Bike Dismount/Slow Zone Designation (Recreation Director Michael Labagh) Video Start Time: 02:00:10 Recreation Director Michael Labagh delivered his presentation to Council related to off -leash dog area and bike dismount/slow zone designation alternatives at Nottingham Park. At 07.01 p.m. Councilor Thuon departed the Council Meeting for its remainder due to a personal matter. Labagh fielded questions from Councilors related to Off -leash dog areas and ample discussion ensued. Council was presented with 3 alternatives for off -leash areas at Nottingham Park: a) maintain existing off -leash area and improve signage, b) remove off -leash area, and c) request more information from staff and continue the discussion. Councilors Stanley, Hardy, Carroll, and Mayor Pro Tern Underwood favored alternative a) maintain existing off -leash area and improve signage. Councilor Andrade favored alternative b) remove off leash area. Mayor Phillips provided direction to Labagh to pursue alternative a). No public comment was made in person nor on Zoom. Labagh fielded questions from Councilors related to bike dismount/slow zone designation and allowance at Nottingham Park and ample discussion ensued. Council was presented with 4 alternatives: a) maintain park rules as is, b) designate north park path as a dismount or slow zone, c) designate entire park as a dismount or slow zone, or d) request more info and continue discussion. Councilor Stanley favored alternative a) with the addition of a slow zone. There was consensus among Councilors Carroll, Hardy, Andrade, Mayor Pro Tern Underwood, and Mayor Phillips who favored alternative b), with additional suggestions for geofencing shift bikes, seasonal dismount from May to October, and the addition of portable signs to be used on both sides of bike path when there are concerts. No public comment was made in person nor on Zoom. 3 AVON REGULAR MEETING MINUTES ��O TUESDAY MAY 09, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5.5.Resolution 23-07: Approving PEG fee Grant from 2021/2022 (Finance Director Scott Wright) (15 Minutes) Video Start Time: 02:49:20 Finance Director Scott Wright delivered his presentation related to the approval of the PEG fee Grant from 2021/2022 and laid out the history of the Public Education and Government Grant portion of the Comcast Grant Agreement, which includes a $0.25 cent subscriber fee that is collected. Wright added the Comcast Grant Agreement expired in 2022 but renews automatically. He further added the Grant is made based on the request of J.K. Perry, Executive Director of High Five Media who joined him at the podium. Perry provided an update to Council on what High Five Media has been doing in the realm of community access media and government access. No public comment was made in person nor on Zoom. Mayor Pro Tern Underwood asked Town Attorney Karl Hanlon to reach out to Comcast and renegotiate and renew the Peg Fee Agreement currently in place. After deliberations, Mayor Pro Tern Underwood moved to approve Resolution 23-07. Councilor Stanley seconded the motion. It was approved with a 6-0 vote of those present. 5.6. Resolution 23-08: Approving a Public Improvement Fee Collection Services Agreement for Construction in the Village (at Avon) (Finance Director Scott Wright) Video Start Time: 03:11:15 Scott delivered his presentation related to approving a Public Improvement Fee Collection Services Agreement for Construction in the Village (at Avon) under Resolution 23-08. He added the Town is acting as tax collection agent for customers to only have one point of contact and this brings efficiencies and increases success in tax collections. No public comment was made in person nor on Zoom. After brief deliberations, Councilor Carroll moved to approve Resolution 23-08. Councilor Andrade seconded the motion. It was approved with a 6-0 vote of those present. 6. MINUTES 6.1.Approval of April 25, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 03:16:20 With no discussion or correction, Councilor Stanley moved to approve the Minutes from April 25, 2023, as presented. Councilor Andrade seconded the motion. They were approved with a 6-0 vote of those present. 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission May 2 Abstract (Planner 1+ Max Morgan) 7.2.Draft April 13 Culture, Arts & Special Events Committee Meeting Minutes (Special Events Coordinator Chelsea Van Winkle) 7.3.Art Around Avon Update (CASE Manager Danita Dempsey) ** Indicates topic will be discussed at future agenda's AVON REGULAR MEETING MINUTES Avon TUESDAY MAY 09, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:17:03 Mayor Phillips requested that Town Manager Eric Heil provide an update on the status of Senate Bill 23-213. She then thanked Heil and Town Attorney Karl Hanlon for their representation of Avon and other CAST mountain resort communities in the negotiations around the Bill and cautioned that it will make a return, and all must be ready. Mayor Pro Tern Underwood reminded her fellow Councilors to participate in Heil's performance review through the online survey. Councilor Carroll thanked everyone in Avon and in CAST mountain resort communities for their work on Senate Bill 23-213. He then updated his fellow Councilors on his participation in the most recent Finance Committee Meeting where he mentioned use tax, DDA, Traer Creek. He noted the Committee is helpful and will function as a second set of eyes on the DDA and use tax. Councilor Andrade mentioned May is Mental Health Awareness Month and noted 988 is the National Suicide and Crisis Lifeline. Mayor Phillips reminded the public that the Eagle Valley Transit Authority will be having its monthly meeting tomorrow in Avon Council Chambers at 12 o'clock noon. 9. EXECUTIVE SESSION For the purpose of receiving Legal Advice pursuant to CRS §24-6-402(4)(b) regarding the United States Postal Service (Town Attorney Karl Hanlon). Video Start Time: 03:26:01 With no further discussion, at 8:26 p.m., at the direction of Mayor Phillips, Mayor Pro Tern Underwood moved to enter Council's executive session and relocate to the Mount Holy Cross meeting room. She reminded the public it is a closed meeting, and no decisions will be made during executive session. Councilor Carroll seconded the motion. It was approved with a 6-0 vote of those present. Council reconvened for executive session at the Mount Holy Cross meeting room at 8:35 p.m. Present were Councilors Rich Carroll, R1 Andrade, Lindsay Hardy, Ruth Stanley, and Mayor Phillips and Mayor Pro Tern Tamra Underwood. Absent was Councilor Thuon. Also present were Town Manager Eric Heil, Town Attorney Karl Hanlon, Deputy Town Manager Patty McKenny, and General Government Manager Ineke de Jong. The recording was turned off. Executive session concluded at 09:06 p.m. 10. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 09:06 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.hiL7hfivemedia.org. 5 AVON REGULAR MEETING MINUTES TUESDAY MAY 09, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM APPROVED: Mayor Amy Phillips Tamra Underwood RJ Andrade Lindsay Hardy Ruth Stanley Rich Carroll Chico Thuon Avon COLORADO RESPECTFULLY SUBMITTED: Miguel Jauregui as nueva, Town Clerk