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TC Minutes 02-13-2024AVON REGULAR MEETING MINUTES A TUESDAY FEBRUARY 13, 2024 avon HYBRID MEETING; IN -PERSON ATAVON 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 February 13, 2024, Council regular meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tern Tamra Underwood, and Mayor Amy Phillips. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Rec Director Michael Labagh, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Housing Long Range Planner Patti Liermann, Project Engineer Jim Horsley, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:40 Mayor Phillips initiated the meeting with the Agenda approval process. Without further discussion, Mayor Pro Tem Underwood motioned to approve the Agenda, as presented. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:01 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:18 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. Tim McMahon, resident of Avon, took the podium and apologized for the language he used during public comment in the previous regular Council meeting. He asked for information regarding: (i) an update on the Hoffman Parking situation, noting numerous concerns around signage; (ii) an update on the status of uploading Minutes to the Town website, which he added were current through November of 2023 but missing December of 2023 and January of 2024; (iii) an update on when Council will address the flag flying policy issue; (iv) a request for Avon for the Town of Avon to match the State of Colorado taxing authority in no longer charging a sales tax on diapers and feminine hygiene products; and, (v) a note that the suicide hotline has been painted onto the green bridge in Redcliff. Merit Zoll, resident of Avon, took the podium to ask that Council stop charging sales tax on diapers, prophylactics, and feminine hygiene products. She then recited a remark into the record in the form AVON REGULAR MEETING MINUTES Avon TUESDAY FEBRUARY 13, 2024 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C. 0 L 0 R A n 0 of a limerick, which she stated she heard while accompanying her father on a business trip when she was very young. It related to 'a man who never lived and insurance claimed he then never died'. She added this limerick made her think of a lifetime of paying unnecessary tax on many insurance and women's health -related items. Brian Davis, owner of Pier 13 Liquor located in Eagle Vail, took the podium, and directed a remark to Town Manager Eric Heil asking if at the time when the Village at Avon Construction and Walmart were built, a deferment of Sales Tax took place until there was occupancy in those new buildings, stating he had heard it was the case. He asked that if there is a precedent to defer sales tax, the Town look into it for the Annexation process currently ongoing. Kelly Drescher, resident of Avon, took the podium to speak of the new skier bus loop at Wildridge to Beaver Creek, which she doesn't want to see go away but cannot currently use to the existing bus schedule. She if that ski bus schedule could be expanded to additional times in the midday, every two hours, in additional locations, given that she considers it a benefit that could be enhanced for the neighbors of Wildridge. No other public comment was made in person nor virtually. 5. BUSINESS ITEMS 5.1.Swearing in of Detective Sergeant Hererra, Sergeant Gaspard, Detective Reno, and Officer Carlton (Chief of Police Greg Daly) Video Start Time: 00:12:10 Police Chief Greg Daly delivered opening remarks and led the ceremony related to the swearing -in of Detective Sergeant Hererra, Sergeant Gaspard, Detective Reno, and Officer Carlton and their families as they take their oaths as Avon Police Department's newest Detective Sergeant, Patrol Sergeant, Detective and Police Officer and receive their badges. Mayor Phillips read a statement on the professional qualifications of the officers involved in the swearing -in ceremony. Town Clerk Miguel Jauregui Casanueva administered the Oath of Office to the officers involved in the swearing - in ceremony. A photograph of the swearing -in ceremony was captured among Councilors and Officers. 5.2.Chiefs Community Partnership Awards for Shop with a Cop (Chief of Police Greg Daly) Video Start Time: 00:19:22 Police Chief Greg Daly delivered his presentation related to the Chiefs Community Partnership Awards to community members, organizations, and businesses for their support of the annual "Shop with a Cop" event that occurred on December 5, 2023. He noted Avon PD Officers picked up and transported, with the assistance of Avon Transit, twenty-nine Avon Elementary children under the supervision of a Police Officer, PD Staff member, PD Volunteer, Avon Human Resources representative or a Firefighter from Eagle River Fire Avon Engine 11. He explained that each child selected under the program gets to spend $150 dollars on presents for their families. Chief Daly also recognized Keely, Brian, and Kyle Mingham, Holy Cross Energy, Westin Riverfront Resort and AVON REGULAR MEETING MINUTES A TUESDAY FEBRUARY 13, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Spa, Foods of Vail- treats, and Walmart- staff, for collaborating with 100+ kids selected by the program. Chief Daly also recognized Avon PD Volunteer Coordinator Patty Peterson's volunteers and neighbors that came and helped wrap presents with the children. 5.3.PUBLIC HEARING: Second Reading Ordinance No. 24-02 Adopting Amendments to Avon Comprehensive Plan to Designate Town Properties for Community Housing Use in the Future Land Use Map (Planning Manager Jena Skinner) Video Start Time: 00:27:03 Planning Manager Jena Skinner delivered her presentation related to the second reading of Ordinance No. 24-02 adopting amendments to the Avon Comprehensive Plan to designate Town Properties for Community Housing Use in the Future Land Use Map. She highlighted that she incorporated all of Council's feedback she received prior during first reading of the Ordinance. Mayor Phillips opened the floor to public hearing related to the Second Reading of Ordinance 24- 02, and Tim McMahon, resident of Avon, took the podium to ask what the definition of Community Housing means under this ordinance, and was explained the definition by Town Manager Eric Heil. No other public comment was made in person nor virtually. Mayor Phillips stated that in Goal E.2. of the Ordinance, language used refers to attainable housing instead of community housing and asked this correction to be made in the final version. After deliberations, Councilor Stanley motioned to approve the second reading of Ordinance 24- 02, with the correction indicated in the paragraph above. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.4.Discussion of 2024 Appointments to Boards and Commissions (Chief Administrative Officer Ineke de Jong) Video Start Time: 00:34:36 Chief Administrative Officer Ineke de Jong led the discussion related to the Town of Avon's 2024 Appointments to Boards and Commissions and delivered a presentation on each of the Councilor assignments proposed, effective February 13, 2024. Councilors discussed the appointments highlighted in the report. Relative to Page 2 of the Report, Councilor Carroll noted that former Town Attorney Karl Hanlon was still included in the memo as the representative for CIVIL. Town Manager Eric Heil recommended that Hanlon be replaced by Interim Town Attorney Nina P. Williams, which Councilors agreed to. Mayor Phillips mentioned that the Avon Downtown Development Authority (DDA) appointment was only highlighted in the report given that it is a new addition to this living document, and for now Councilor Carroll is primary and Councilor Thuon is alternate at the Avon DDA. 3 AVON REGULAR MEETING MINUTES Avon TUESDAY FEBRUARY 13, 2024 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Relative to Page 5 of the Report, Mayor Phillips directed staff to appoint Danita Dempsey to the Vail Valley Art Guild and asked if a Councilor would be willing to volunteer to the Art Guild's Council Seat. Councilor Stanley volunteered given that she is already immersed in the arts under the CASE Committee. Town Manager Eric Heil volunteered to be her alternate. Relative to Page 4 of the Report, Mayor Phillips volunteered to be an alternate for the Health and Rec Committee, as Ex-Officio 2 to Mayor Pro Tern Underwood who is already Ex-Officio 1. Rec Director Michael Labagh joined de Jong at the podium to further discuss meeting times and retention at the Health and Rec Committee Relative to Page 3 of the Report, Mayor Phillips brought up the Finance Committee and Councilor Carroll asked Town Manager Eric Heil how they will overlap given that the Finance Committee is set to expire at the end of the year on December 31, 2024. Heil noted that the plan is to contact all Finance Committee Members and advise them of the expiration of the Committee given that it has been dormant for a while. Mayor Pro Tern Underwood added that historically, the Finance Committee was formed when the Town had been without Town Manager for a while and the Community was questioning transparency on budgeting, both of which have now been remedied. Mayor Pro Tern Underwood asked if Town Manager Eric Heil needs to be appointed as the Town's Representative for the Eagle County Housing Authority Advisory Committee. Heil noted Doug Jimenez used to represent Avon at that Committee and with his recent resignation, it makes it efficient for Heil to take over that committee seat. No other public comment was made in person nor virtually. After deliberations, Mayor Pro Tern Underwood motioned to approve the Town of Avon's 2024 Appointments to Boards and Commissions as discussed above. Councilor Carroll seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.5. Work Session: Council Direction regarding Letters of Support (Chief Administrative Officer Ineke de Jong and Town Manager Eric Heil) Video Start Time: 00:53:51 Chief Administrative Officer Ineke de Jong led the work session to obtain general direction for staff to have a policy on how to effectively respond to Letters of Support. She noted the Town of Avon often receives requests to submit letters of support for certain initiatives, or applications, or to sign - on to letters that take a stance on issues. She highlighted these requests are usually time -sensitive and cannot wait until the next Council meeting, often in line with the Town's general work, values & vision, and Council should consider when it is appropriate to sign a letter as Council versus Council members signing individually, or through the endorsement of the Mayor and Town Manager on their behalf. Town Manager Eric Heil stated he believes it is very difficult to define a policy that clearly indicates when letter of support requests should be reviewed by Council as a whole and when the Mayor or 4 AVON REGULAR MEETING MINUTES A TUESDAY FEBRUARY 13, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O Manager should sign. He indicated there are many times when it is in Avon's interest to support a policy decision and the timing is too quick to include on a Council meeting (e.g. Bolts Lake Letter), so some level of delegation to Mayor and Manager would be helpful. The proposal was to delegate the signing of Letters of Support to the Town Manager and the Mayor. Councilor Carroll stated he would be comfortable supporting general guidelines for that concept, but a strict black and white guideline will be hard to come up with. Councilor Hardy noted she has faith in the current Town Manager and Mayor, but not so in previous ones. She said she can support this concept right now but would want an immediate email after the Town Manager and Mayor issue any Letters of Support. Also, this should get addressed whenever there's a new Town Manager that is hired. Councilor Stanley agreed with Councilor Hardy. Mayor Pro Tern Underwood highlighted that people who ask for letters of support should know that these take time to gather such support in public meetings. Councilor Thuon highlighted that he was forgotten by Mayor Phillips in being asked for feedback on this topic, and then added he did not have any additional thoughts because it upset him to be forgotten. No public comment was made in person nor virtually. As this was a work session, no motion was made and sufficient direction was given to staff to move forward on a proposal to address the issue. 5.6.Resolution 24-02 Approving Expenditures From Community Enhancement Fund (Chief Administrative Officer Ineke de Jong) Video Start Time: 01:05:04 Chief Administrative Officer Ineke de Jong delivered a presentation related to the approval of expenditures for events funded by the Community Enhancement Fund, with a focus to the Net - Zero Building Expo event to take place on April 8, 2024. Councilor Carroll asked why, in the memo, it talks about approving $20,000 for the Undergrounding Building Electrification Conference, when it is not in the motion nor the resolution. Town Manager Eric Heil suggested that the motion to approve Resolution 24-02 be amended to include a reference to Exhibit A and Attachment B which include specific amounts. No public comment was made in person nor virtually. After deliberations, Councilor Carroll motioned to approve Resolution 24-02, including a revision in the Resolution to include references to Exhibit A and Attachment B. Mayor Pro Tern Underwood seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.7. Notice of Award: Upper Buck Creek Road Asphalt Overlay Project (Project Engineer Jim Horsley) Video Start Time: 01:12:26 Project Engineer Jim Horsley delivered a presentation related to the Notice of Award of the Upper Buck Creek Road Asphalt Overlay Project. He explained it is approximately a mile of roadway that was last paved in 2002 and essentially a maintenance project. Councilor Carroll noted that there were a couple of bids that were higher and some that were much lower and wondered why that AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 13, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C o L o P A D 0 was the case. Horsley explained that the lower bids were because two of the lower bidders have greater control on asphalt production and pricing and two of the higher cost bidders cannot control the cost of asphalt and need to estimate that more conservatively. He was also asked to speak about the traffic impacts of the project. Mayor Pro Tern Underwood noted that the project will commence in the month of May and be completed June 30th at the latest, with the goal to complete it in 4 weeks by mid -May. No public comment was made in person nor virtually. After deliberations, Mayor Pro Tern Underwood motioned to approve the notice of award. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6. MINUTES 6.1.Approval of January 23, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 01:20:02 Councilor Carroll presented a motion to approve the Minutes from January 23, 2024. Councilor Hardy seconded the motion. They were approved unanimously with a 6-0 vote of those present. 7. WRITTEN REPORTS 7.1.February 6th Planning and Zoning Commission Meeting Abstract (Planner II Max Morgan) 7.2.2024 Planning and Zoning Commission Meeting Schedule (Community Development Coordinator Emily Block) 7.3.Draft January 18 CASE Committee Meeting Minutes (Special Events Coordinator Chelsea van Winkle) 7.4.Quarterly RETT Report (Financial Analyst Chase Simmons) 7.5.Recent 1-70 Coalition Advocacy (Public Works Director Eva Wilson) 7.6. Upper Eagle Regional Water Authority December 7, 2023 Meeting Summary (Mayor Pro Tern Tamra Underwood) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:20:43 Councilor Thuon asked Town Manager Eric Heil if the Town was fully staffed with enough plow drivers and noted that the cul-de-sac area in Wildridge near his residency has been very neglected this winter and asked that more attention be given to that area's snow removal since it is now the second or third year that it has been neglected. He added that he speaks on behalf of the tax paying network of town in Wildridge on behalf of his neighbors. He also asked that a Town Manager completes a walk-through of the Wildridge neighborhood at least once a month, so these maintenance issues get caught. Mayor Pro Tern Underwood noted that the Eagle County Leaders Community and Ride Day at C: AVON REGULAR MEETING MINUTES A TUESDAY FEBRUARY 13, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O Beaver Creek is scheduled for this Friday February 16, at Centennial Express chairlift in and is an opportunity to ride with county commissioners, managers, and councilors. Mayor Phillips noted that tomorrow, February 14, 2024 at 12:00 p.m. noon will be the Eagle Valley Transit Authority meeting at Avon Council Chambers and the public is invited to attend, noting an increase in overall ridership this year. Chief Administrative Officer Ineke de Jong reminded the public that the next Council meeting will be virtual -only because elections activities will be held the week leading up to March 5th and Council Chambers will be repurposed for use as Avon's voting center. 9. EXECUTIVE SESSION Video Start Time: 01:27:14 At 6:31 p.m., Mayor Phillips requested a motion to proceed into Executive Session for the purpose outlined in the Agenda. Mayor Pro Tern motioned to proceed into Executive Session. Councilor Carroll seconded the motion. It was approved unanimously with a 6-0 vote of those present. The executive session began at 6:41 p.m. The executive session ended at 7:13 p.m. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 7:13 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.highfivemedio.org. RESPECTFULLY SUBMITTED: Miguel Jauregui r ueva, Town Clerk APPROVED: Mayor Amy Phillips Tamra Underwood Ruth Stanley Lindsay Hardy DID Rich Carroll Chico Thuon