TC Minutes 05-25-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MAY 25,2010
A regular meeting of the Town of Avon,Colorado was held at the Avon Municipal Building,One
Lake Street,Avon,Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 5:40 PM.A roll call was taken and Council
members present were Rich Carroll,Dave Dantas Kristi Ferraro,Amy Phillips,Buz Reynolds
and Brian Sipes.Also present were Town Attorney Eric Heil,Town Manager Larry Brooks,
Asst.Town Manager Mgmt Services Patty McKenny,Assistant Town Manager Community
Development Sally Vecchio,Recreation Director Meryl Jacobs,Community Relations Officer
Jaime Walker as well as members of the public.
DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
There were no changes to the agenda and no conflict of interest topics on the agenda.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda.Councilor Carroll moved to approve
the consent agenda;Councilor Reynolds seconded the motion and it passed unanimously:
a.Minutes from May 11,2010
b.Richmond,Sprouse and Murphy,LLC Fee Agreement (Eric Heil,Town Attorney)Proposal
for legal services related to liquor licensing
c.Change Order #001 Change Order to Construction Contract with Thrasher LLC to
Account for Additional Costs for Material Changes Harry A.Nottingham Park Fishing
Pier (Shane Pegram,Engineer II)Change Order to reconcile increased project cost for change in
materials to Harry A.Nottingham Park Fishing Pier
d.Acceptance of 2009 Audited Comprehensive Annual Financial Report for Town of Avon
(Scott Wright,Assistant Town Manager Finance)Accept final 2009 Financial Statements audited
by McMahan and Associates
Bob Ticer,Police Chief Avon Police Department,presented the Law Enforcement Challenge
Award from the Colorado Association of Chiefs of Police,a state award for Avon’s police efforts
in training,public information,and enforcement to reduce crashes and injuries.
ORDINANCES
Sally Vecchio,Assistant Town Manager Community Development presented Ordinance No.10-
08,Series of 2010,First Reading,Ordinance Consenting to Improvements of the Eagle County
Energy Smart Local Improvement District Within the Town of Avon.It was noted that the
program allows qualified property-owners special financing for energy efficient and/or renewable
energy improvements with loan repayments collected through special assessments on the
participant’s property taxes.The legislation requires municipalities pass an ordinance in order
to participate.There was some debate about whether or not to include “Section 3.Future
Consent”in the ordinance;it was agreed that it may not be necessary for the town council to
approve the loans.Mayor Wolfe opened the public hearing,no comments were made,the
hearing was closed.Mayor Pro Tern Sipes moved to approve Ordinance No.10-08,Series of
2010,First Reading,Ordinance Consenting to Improvements of the Eagle County Energy Smart
Local Improvement District Within the Town of Avon with the condition that “Section 3.Future
Consent”would be removed.Councilor Ferraro seconded the motion and it passed with a five
to one vote (Reynolds —nay).
Eric Heil,Town Attorney presented Ordinance No.10-09,Series of 2010,First Reading,
Ordinance Amending Section 9.12.080(A)of the Avon Municipal Code.He explained the
proposed legislation which addressed alcohol in Town parks and the need for the town to
become compliant with the Colorado Liquor Code,which does not allow the consumption of
alcohol in public parks or other public places unless a liquor license has been issued or the
exemptions for special event permits apply.Mayor Wolfe opened the public hearing,no
comments were made,the hearing was closed.Councilor Phillips moved to approve Ordinance
No.10-09,Series of 2010,First Reading,Ordinance Amending Section 9.12.080(A)of the Avon
Municipal Code;Councilor Ferraro seconded the motion and it passed unanimously.
Councilor Phillips moved to convene into an Executive Session at 6:20 PM to discuss the
following matters as outlined on the agenda;Councilor Carroll seconded the motion and it
passed unanimously.
a.Receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b)and for
developing a strategy for negotiations and instructing negotiators pursuant to Colorado
Revised Statute §24-6-402(4)(d)specifically related to pending litigation and settlement
discussions regarding Minturn water rights cases,05CW262,05CW263,06CW264 and
07CW225
b.Receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b)and for
developing a strategy for negotiations and instructing negotiators pursuant to Colorado
Revised Statute §24-6-402(4)(d)specifically related to pending litigation and settlement
discussions regarding Town of Avon v Traer Creek Metropolitan District,2008 CV 0385
The audio recording of this section was not made due to the pending litigation.
c.Receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b)specifically
related to pending litigation regarding Traer Creek,LLC,et.al.v Town of Avon 2010 CV 316
The audio recording of this section was not made due to the pending litigation.
Councilor Ferraro moved to convene to the Regular Meeting at 7:05;Mayor Pro Tern Sipes
seconded the motion and it passed unanimously.Councilor Carroll move to approve the Water
Settlement Cases Nos.05CW262 &05CW263;Mayor Pro Tern Sipes seconded the motion and
it passed unanimously.
OTHER MATTERS
Jenny Strehler,Director PW&T,invited the town council to attend the visit to Swift Gulch
scheduled on June with Senator Jared Polis who would be visiting the site to learn more
about the regional transit hub proposal.
Larry Brooks,Town Manager,commented on some correspondence received from the UERWA
to Colorado Water Quality Commission about the town’s property which is lease to them for the
water plant.This matter would be discussed at the next meeting.
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There being no further business to come before the Council,the regular meeting adjourned at
7:15 PM.
RESPECTFULLY SUBMITTED:
APPROVED:
Rich Carroll
Dave Dantas /}J %
Kristi Ferraro
Amy Phillips tAA’144 0 ZAl%’
Reynolds__________________________
Ron Wolfe /
Patty
Regular Council Meeting
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