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TC Minutes 12-12-2023AVON REGULAR MEETING MINUTES A TUESDAY DECEMBER 12, 2023 . vo n 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 virtually via Zoom.us. Mayor Amy Phillips called the December 12, 2023, Council regular meeting to order at 5:09 p.m. A roll call was taken, and Councilors present in person were Rich Carroll, Lindsay Hardy, Mayor Pro Tern Tamra Underwood, and Mayor Amy Phillips. Councilors present virtually were R1 Andrade and Ruth Stanley. Councilor Chico Thuon joined the meeting in person at 5:30 p.m. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Avon Police Chief Greg Daly, and Finance Director Paul Redmond. 2. APPROVAL OF AGENDA Video Start Time: 00:09:18 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Rich Carroll asked that Written Report 7.7 (Grant Funding Updates) be added to the Agenda for discussion after Business Item 5.4. Without further discussion, Mayor Pro Tern Underwood made a motion to approve the Agenda, as amended. Councilor Hardy seconded the motion. It was approved with a 6-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:11:03 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:11:23 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom's video/audio, via telephone, or via email. She then clarified that the public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room or virtually. Michael Mossman, resident of Avon, stated that the Israeli flag discussion from Council touched a nerve and prompted him to prepare a letter which he sent to the Vail Daily and he read it into the record. His statement recapped why a flag is important. He wondered if Avon Town Council created a slippery slope by flying the Ukrainian flag and put themselves in an unenviable position of choosing sides in a conflict. He suggested that the safe bet is to only fly the US Flag and State Flag to not offend anyone. Elaine Farkas, resident of Avon, noted she recently participated in a pro -Israeli protest and in Israel, there is freedom of religion and respect for other beliefs. She highlighted the Israeli people's contributions to society, including their ability for being inclusive of refugees and members of the LGBTQ community. She asked what separation of church and state meant for Council. She asserted 1 AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 12, 2023 Av lkwd n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO that flying Ukraine's flag and the LGBTQ flag means they should agree to fly the Israeli flag. She paraphrased a statement and said it is about good and evil in her mind. She asked the community of Avon to stand with Israel. Sandy Gaffner, resident of Avon, stated she is in support of flying the Israeli flag. She added she was not aware that last meeting was going to include discussions about the Skate Plaza to be located at the Old Town Hall Site. She said she does not support it because there are already skateparks in Edwards, Vail and Gypsum. She highlighted that she supports skateboarding, and her son is an avid skateboarder. She said there are enough skate parks and to create one more skate park in Avon is unnecessary. She suggested a small fenced -in dog park would be a better use for that location. At 5:27 p.m., Mayor Pro Tem Underwood asked for a brief 10-minute recess to allow for Rabbi Joel Newman to make a public comment after his Hannukah service at e'nai Vail. At 5:30 p.m., Councilor Thuon joined the meeting. At 5:35 p.m., Mayor Phillips reconvened the Meeting. Orit Yehezkel, resident of Avon, stated she is an Israeli citizen who was living in Israel when the war started. She added she understands that Council thinks Israel is a religious state and would like to clarify that Israel enshrines freedom of religion in its Declaration of Independence. She noted she stands before Avon Council in the name of humanity and said that on October 7, many of the massacred in Israel were not Jewish and their religion did not matter. She circulated a photo to Councilors of a victim taken at a music festival in Israel who was an Arab bus driver. She said they kidnapped him and used him as a translator, and he was found shot dead even though he was an Israeli Arab. She also spoke of 19 Bedouins massacred that day. She said 3000 individuals came and butchered many in Israel and pleaded for Avon to display the flag of Israel in support. Steven Wellins, president of the B'nai Vail congregation, stated he wanted to register his disappointment that Avon Councilors voted against displaying the Israeli flag. He spoke of the attacks on October 7, and the victims and hostages. He spoke of the actions of the Local B'nai Vail congregation to help Israeli people who suffered from this attack on the sovereignty of Israel. He spoke of the difficulties faced by Israelis in Israel given the fall out of that attack. He highlighted the shock that struck a nerve with Avon not wanting to raise and fly the Israeli flag. He said they should've asked for it, but they were focused in taking actions in Israel. He noted that Council voted to raise LGBTQ flag, as well as Ukraine but does not understand why Avon wont fly the flag of Israel which is the only democracy in the region. He mentioned that flying one flag but not another sent a chilling message, and the best course of action is a public statement to explain the use of flags in Avo n. Jonathan Garini, resident of Avon, stated he is proud of his Israeli and Jewish heritage. He noted he was hurt by reading in the Vail Daily about what happened at Council's last meeting because he felt singled out because of his heritage. He said he did not understand the logic behind it given that Avon has flown the flags of LGBTQand Pride. He noted Israel was attacked unprovoked. He said the war is very sad and the Israeli are unintentionally killing civilians, but it is not the same as criminals z AVON REGULAR MEETING MINUTES A TUESDAY DECEMBER 12, 2023 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O that target and kill civilians specifically without regard for life. He asked for Council to do the right thing, but admitted he is worried Council will not change their opinion. Ronnie Kiek, resident of Eagle County, asked for Council to close their eyes and picture the kidnapping of their best friend. She added that eight of her childhood friends were butchered at a music festival. She mentioned two good friends of hers were also butchered in their homes and three friends were kidnapped in Gaza since the attack took place, without her knowing what happened to them. She said flying the Israeli flag is about supporting humanity, noting they kidnapped 240 people in the attack. She spoke of the coexistence of cultures in Israel. She noted she stood for Ukraine and expects anyone to show solidarity to what has been happening and is still happening to this day in Israel. Joel Newman, Rabbi of B'nai Vail and resident of Avon, said this attack is the worst tragedy since WWII but wants to speak of flying flags tonight, such as that of the United States. He said as a veteran, seeing the US flag is symbolic. He said that it was an insult for Avon Council not to flying the Israeli flag, which is a democracy. He asked why they wouldn't and for them to reconsider what it means to fly a flag in support of a nation. Seth Levi, resident of Gypsum, stated he understands the concerns of the Jewish community and is not here to ask for Avon to raise the flag of Israel. He said he supports consistency and wants only the necessary flags to be flown. He noted flying Ukraine's flag and logic used for it means it should've also resulted in flying the flag of Israel. He clarified the concepts of Israel not being a religious country and not taking hostages, while Hamas takes civilian hostages. He said Avon should not support a heckler's veto and Avon should not listen to them. He invited Council to attend a December 18, 2023 gathering at B'nai Vail where there will be a lighting of the Hanukkah candles and a discussion about the war in Israel with the terrorist group Hamas at 10:30 a.m. or 5:30 p.m. Tim McMahon, resident of Avon, spoke to Councilors about Hoffman Properties managed parking in Avon. He asked to revoke their business license because of overcharging for parking and said they were recently fined for bad practices elsewhere in the State. He highlighted the parking signage that is in place and how it relates to the Attorney General's decision to fine them. He then spoke of the electric charging stations and their fee system and asked if they are subsidized by the Town of Avon. He then asked if Councilors charge their vehicles at those subsidized stations. Gary Olson, resident of Avon, stated he is a veteran of an unpopular war. He said there is always evil out there and people must do something against it. He spoke of his oath to defend the Constitution and understands that it also means defending freedom around the world. He spoke of the case of Israel and noted Avon stood with Ukraine and flew their flag. He asked Avon to stand with Israel and freedom in the same way it did with Ukraine. Jake Wolf, former Avon Councilor and resident of Vail, said it is difficult to take sides and has listened to them without judgment. He added that a democratic nation was attacked by terrorists 3 AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 12, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO and it is getting convoluted with a discussion of separation of church and state. He highlighted Israel is a nation that welcomes religious freedom and suffered a brutal attack and is defending itself. He questioned why, under this understanding, Council is not supporting flying the flag of Israel. He asked Council to support morally correct flags and do the right thing. Mayor Phillips noted that Council typically does not respond to public comment but in this instance, she had a statement prepared for the record. She thanked everyone for their comments and public input and said she agrees that the terrorist attacks perpetrated by Hamas on October 7, 2023 were horrific and intended to instill death and horror on the people of Israel which is terrible. She added that on November 14, 2023 the decision from Council was just to not fly the Israeli flag, but not intended to cause a slight on the Jewish community or make any statement on the conflict. She noted she understands the decision was received to be insensitive to the Jewish community, but that was not their intent. She highlighted the events in Israel have little to do with Avon Town Business and the flagpole and flag discussions should only be relevant to things which have to do with the Avon Town government. She added Council didn't mean any harm and she supports revisiting this topic at a future Council meeting in early 2024 to discuss how to manage Town flagpoles but it won't be on the Agenda tonight. She acknowledged that may not be satisfying for all people present in the room but it is the consensus from this Council. She then asked for a moment of silence for all of the suffering incurred on all the innocent victims in the conflict. At the time of her last statement asking for a moment of silence, many in the room began complaining about the remark from Mayor Phillips made in support of all innocent victims, and public commentators exited the room in protest while voicing their disagreement. 5. BUSINESS ITEMS 5.1.Public Hearing: Resolution 23-32, Adoption of Avon Downtown Development Authority 2024 Budget (DDA Treasurer Paul Redmond) Video Start Time: 01:06:30 DDA Treasurer Paul Redmond delivered his presentation related to the adoption of the Downtown Development Authority Budget. He noted that the DDA Board Members have already approved this budget. Mayor Phillips opened the floor to the public hearing, and no public comment was made in person nor virtually. After deliberations, Councilor Carroll made a motion to approve Resolution 23-32. Mayor Pro Tern Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 5.2.Public Hearing: Adoption of the 2023 Final Revised Budgets, 2024 Operating Budget, 2024 Capital Projects Fund Budget & Long -Range Capital Program and Tax Levies (Finance Director Paul Redmond) Video Start Time: 01:09:13 Finance Director Paul Redmond delivered his presentation related to the adoption of the 2023 Final Revised Budgets, 2024 Operating Budget, 2024 Capital Projects Fund Budget & Long -Range Capital Program and Tax Levies. Related to the 2023 budget, Councilor Hardy asked questions about the Turkey Trot donation of proceeds to YouthPower365 and was advised by Town Manager Eric Heil 4 AVON REGULAR MEETING MINUTES A TUESDAY DECEMBER 12, 2023 4von HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A 0 O that they don't have a prepared answer but will get back to her on what percentage of proceeds will be donated. Related to the 2024 budget, Mayor Pro Tern Underwood thanked Mr. Redmond for his handling of the budgetary process, which was very transparent. Mayor Phillips opened the floor to the public hearing, and no public comment was made in person nor virtually. After deliberations, Mayor Pro Tern Underwood made a motion to approve Resolutions 23-26, 23-27, 23-28, 23-29, 23-30, and 23-31. Councilor Carroll seconded the motion. It was approved unanimously with a 7-0 vote. At 6:28 p.m., Mayor Phillips declared a recess from the Regular Meeting for Council to convene in a meeting of the Avon Urban Renewal Authority (URA) Board. At 6:40 p.m., the URA Board adjourned that meeting, and the Regular Meeting was reconvened by Councilors. 5.3.Adoption of the 2024 Council Meeting Schedule (General Government Manager Ineke de Jong) Video Start Time: 01:30:37 General Government Manager Ineke de Jong delivered her presentation to Council of the Council Meeting Schedule. Mayor Phillips indicated that Town Hall will continue to facilitate Town Hall for elections, so the February 22"d meeting will be virtual only, and the October 22"d meeting will be a budget retreat not in Council Chambers. Mayor Phillips also highlighted there will be an Executive Session for Legal Advice and pending legal matters. Town Manager Eric Heil spoke of the appointment of the incoming Interim Town Attorney and her schedule and that there may be a small adjustment to the Calendar. No public comment was made in person nor virtually. After deliberations, Councilor Hardy presented a motion to approve the 2024 Council Meeting Schedule. Councilor Carroll seconded the motion. It was approved unanimously with a 7-0 vote. 5.4. Resolution 23-25 Supporting the 2024 RREO Grant application (Sustainability Coordinator Charlotte Lin) Video Start Time: 01:36:07 Deputy Town Manager Patty McKenny delivered a presentation on behalf of Sustainability Coordinator Charlotte Lin who could not attend this Meeting and spoke of the purchase of a Styrofoam densifier with the grant's proceeds. Mayor Pro Tern Underwood asked if Styrofoam used by butcher shops and in grocery stores could be recycled in the densifier or if they were too contaminated, and Ms. McKenny noted that she did not have an answer and would forward it to Ms. Lin. She also asked questions on the operation of the Styrofoam densifier by Staff and was advised it will likely be a designated staff member, but that operational component of the program is still being reviewed. Councilor Hardy noted there are complaints she's heard of mishandling of recycling materials at the recycling center in Avon and asked that whichever Staff monitors the Styrofoam densifier also consider monitoring the recycling center in Avon. Town Manager Eric Heil mentioned that the 5 AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 12, 2023 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO recycling center in Avon is run by Eagle County, and he will visit with Eagle County Commissioners on the topic. No public comment was made in person nor virtually. After deliberations, Councilor Thuon presented a motion to approve Resolution 23-25. Mayor Pro Tern Underwood seconded the motion. It was approved unanimously with a 7-0 vote. S.S. Written Report 7.7 (Grant Funding Updates) Video Start Time: 01:43:27 Councilor Carroll noted that he asked for this Written Report to be added to the Agenda to highlight that there are $6 million dollars in grants that the Town applied for and that's an amazing amount. He thanked staff for their hard work on it and hoped it continues. 6. MINUTES 6.1.Approval of the November 14, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 01:44:10 Councilor Thuon presented a motion to approve the Minutes from November 14, 2023. Mayor Pro Tern Underwood seconded the motion. They were approved with a 7-0 vote, with Councilor Andrade mentioning his vote in favor is only for the portion of the meeting he was present for. 7. WRITTEN REPORTS 7.1. Gift Reporting — Birds of Prey (Town Clerk Miguel Jauregui Casanueva) 7.2. Year-end Sustainability Updates (Sustainability Coordinator Charlotte Lin) 7.3. Polystyrene Ban Update (Sustainability Coordinator Charlotte Lin) 7.4. Draft November 14 Health & Rec Committee Meeting Minutes (Aquatics Superintendent Kacy Carmichael) 7.5. Avon Turkey Trot Recap (Recreation Director Michael Labagh) 7.6. Draft November 16 CASE Committee Meeting Minutes (Special Events Coordinator Chelsea Van Winkle) 7.8. PZC Abstract (Planner 1+, Max Morgan) 7.9. Monthly Financials October (Senior Accountant Dean Stockdale) 7.10. Monthly Financial November (Senior Accountant Dean Stockdale) 7.11. Upper Eagle Regional Water Authority Meeting Summaries from July 27, 2023 August 25, 2023 September 28, 2023 and October 26, 2023 (Mayor Pro Tern Tamra Underwood) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:44:58 Mayor Phillips reminded Council and the public of the Eagle Valley Transit Authority meeting to be held tomorrow, December 13, 2023, at 12:00 p.m. noon at the Avon Council Chambers. AVON REGULAR MEETING MINUTES A TUESDAY DECEMBER 12, 2023 . vo n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O Mayor Pro Tern Underwood highlighted the difficulty of being a Councilor in Avon, noting she does her best at every meeting for the business of the Town. She added she doesn't always get it right, but it is difficult, and to have expectations that Council can look at a budget like a Finance Director would is a challenging standard for members of the public doing their best. She emphasized that it is an election year, and people who would like to apply to be Councilors should do so in August for the November 2024 election. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 6:56 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: 4111.1—"z Miguel Jauregui Casa u a, Town Clerk APPROVED: ! r;44P Mayor Amy Phillips Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon