TC Minutes 03-27-2012MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 27, 2012
A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake Street,
Avon, Colorado in the Council Chambers.
Mayor Rich Carroll called the meeting to order at 5:15 PM. A roll call was taken and Council members
present were Dave Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips and Buz Reynolds.
Also present were Town Attorney Eric Heil, Interim Town Manager Patty McKenny, Finance Director
Scott Wright, Town Engineer Justin Hildreth, Director PW &T Jenny Strehler, Deputy Town Clerk /HR
Asst. Catherine Mythen, Community Relations Officer Jaime Walker, as well as other staff members and
the public.
DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Carroll noted that item b) from the executive session would be moved to the beginning of the
meeting:
b. Meet with Town Attorney for the purpose of receiving legal advice to specific legal questions
pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to a promissory note and shared
appreciation second mortgage under the Town's Housing Assistance Program
EXECUTIVE SESSION
Councilor Philips moved to convene to an Executive Session at 5:15 PM to discuss the following topic;
Councilor Evans seconded the motion and it passed unanimously.
Meet with Town Attorney for the purpose of receiving legal advice to specific legal questions
pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to a promissory note and shared
appreciation second mortgage under the Town's Housing Assistance Program.
The Executive Session adjourned at 5:30 pm. Mayor Rich Carroll reconvened the regular meeting at
5:45pm. Mayor Carroll noted that a new item 14 b) would be added to the executive session:
(b) Convene in executive session for the purposes of purchase and acquisition of real property
pursuant to Colorado Revised Statute Section 24- 6- 402(a).
The Town Attorney noted that there were no conflicts of interests to report.
COMMUNITY AND CITIZEN INPUT
➢ Brandi Caswell, Attorney with Faegre Baker Daniels, representing B N P Parribas Bank,
➢ Mary Jo Dougherty, Attorney with McGeady Sisneros, and representing Traer Creek Metropolitan
District
Both attorneys addressed the Town Council and expressed their support to continue with the
settlement process for the Village at Avon. They expressed concern with going to trial in June.
➢ Rene Gunter from Simplex Grenel, introduced her new company which is a life safety center
opening an office in Avon.
CONSENT AGENDA
Mayor Carroll asked for a motion on the Consent Agenda.
➢ Minutes from March 13, 2012 Regular Council Meeting
Councilor Evans moved to approve the Minutes from March 13, 2012 Regular Council Meeting; Mayor
Pro Tern Ferraro seconded the motion and it passed unanimously.
➢ Minutes from March 9, 2012 Special Council Meeting
Councilor Evans moved to approve the Minutes from March 9, 2012 Special Council Meeting; Councilor
Reynolds seconded the motion and it passed unanimously.
COUNCIL AND STAFF UPDATES
a. Update on Planning and Zoning Commission Vacancies (Matt Pielsticker, Planner 11) Review terms
limits for PZC members, and process for interviewing to fill vacancies / Memo only
b. Financial Matters (Kelly Huitt, Budget Analyst) Updated reports on revenue collections/ Report only
NEW BUSINESS
a. Housing Down Payment Assistance Funding Request (Patty McKenny, Interim Town Manager)
Review application and consideration of appropriating funds for housing down payment assistance;
Applicant Steve Duckworth, Recreation Maintenance Supervisor.
Patty McKenny, Interim Town Manager presented the housing down payment assistance request and
noted that in order to fund any requests for housing down payment assistance, the Town Council must
appropriate the monies. Steve Duckworth the applicant was available for questions. She also noted
that this was the third application that the Town has received from employees since the program
began In 2007. Patty McKenny, Interim Town Manager asked council to consider this request and take
action on the application request with a motion..
b. Capital Improvement Projects 2012 Work Program Update (Justin Hildreth, Town Engineer, Jeff
Schneider, Project Manager) Review status and schedules of 2012 CIP projects
Justin Hildreth gave an update on the following topics related to the Capital Improvement Projects
Program:
• Mall Improvements
• Swift Gulch 1 -70 Regional Transit Operations facility
• Street Improvement program
• Metcalf Gulch drainage
• Nottingham Lake Liner
• USFS Road Improvements — Metcalf Creek Road
• US 6 Bike Path and Eagle River Bridge
• Public Works facility — Lot 5, Filing 1, Village at Avon
c. Review Request for Proposals for Town Manager Executive Search (Rich Carroll, Town Manager,
Patty McKenny, Interim Town Manager) Review RFPs and determine which firms to interview
Rich Carroll, Mayor, and Patty McKenny, Interim Town Manager, presented the request for proposals.
After some discussion, it was agreed that four of the firms would be invited to interview at the April
101h meeting. The following companies; The Morrison Group, LLC, KRW Associates, LLC, Bob Murray &
Associates, and The Novak Consulting Group matched the criteria and would be contacted and invited
to the April 101h meeting for an interview.
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d. Review Request for Qualifications for Facilitation Services (Rich Carroll, Town Manager, Patty
McKenny, Interim Town Manager) Review RFQs and determine which firms to interview
Mayor Carroll presented this topic and there was some concerns expressed regarding the estimated
costs of the facilitation services. It was noted that each of the companies that would be coming to the
April 101h meeting and staff would ask them to provide a quote for a revised scope of facilitation
services with the following priorities:
➢ Best Practices of Council
➢ Communicating Effectively
➢ Policy Management
➢ Roll of the Town Council Members
RESOLUTIONS
a. Resolution No. 12 -07, Series of 2012, Resolution to Amend 2012 Capital Projects Fund Budget
(Scott Wright, Finance Director) Summarizing expenditures and revenues by fund and amending the
2012 Capital projects budget fund.
Scott Wright, Finance Director, and Justin Hildreth, Town Engineer, presented the Resolution that
would amend the Capital Improvements Project Budget, which had been discussed earlier in the
evening. Scott Wright noted that there were some changes to the numbers on the memo and
resolution; the beginning fund balance should have been $165,319 and resulting in a net increase of
$37,154. He explained that the town found it necessary to amend the 2012 Capital Projects fund
budget to more accurately reflect the revenues and expenditures for 2012. Councilor Ferraro moved to
approve Resolution No. 12 -07, Series of 2012, to Amend 2012 Capital Projects Fund Budget. Councilor
Evans seconded the motion and it passed unanimously.
b. Resolution No. 12 -08, Series of 2012, Resolution to Amend 2012 Town of Avon Affordable Housing
Fund Budget (Scott Wright, Finance Director) Resolution that amends Affordable Housing Fund
Budget and appropriates funding request for housing down payment assistance.
Scott Wright, Finance Director, presented the request for down payment assistance for Steve
Duckworth to purchase a home in Eagle County. He noted that this budget amendment complied with
Council's earlier instructions to appropriate the funds on a case by case basis for this program. Chris
Evans noted that the reason he liked and approved of this application was because the applicant had
equity in the home equal to or greater to the funds request. Councilor Goulding moved to approve
Resolution No. 2012 -08, Series of 2012, Resolution to Amend 2012 Town of Avon Affordable Housing
Fund Budget. Councilor Evans seconded the motion and it passed unanimously.
UNFINISHED BUSINESS
a. Discussion and Possible Action on Removal of Abandoned Modular Buildings from Lot 5, Village (at
Avon) Filing 1(Eric Heil, Town Attorney) Update on Removal of Modular buildings from Lot
Eric Heil gave a brief update on the buildings located at Lot 5. He mentioned he was directed to file an
unlawful detainer action with the court. A hearing has been set for April 5T" at 9 AM at the Eagle county
Court. Ron Wolfe, President of Stone Creek Charter School, gave an update on the modular's located
on Lot 5 noting that the modular's are scheduled to be moved by April 15th. He noted that the board at
stone Creek Charter School was unable to sign the agreement and had requested some changes. The
Town attorney noted that the agreement had been revised to include" unforeseen circumstances" as
one of the requests by the Stone Creek Charter School board.
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MAYOR REPORT
Mayor Carroll spoke about future agenda items and the following were identified:
• Housing Down Payment Assistance Program
• Economic Development and the 2013 budget; there was some discussion about how funding
should be approved and released.
EXECUTIVE SESSION
Councilor Phillips moved to convene to an Executive Session at 8:00 PM to discuss the following topics
(the 2 "d item was an addition to the executive session); Councilor Ferraro seconded the motion and it
passed unanimously.
a. Meet with Town Attorney for the purpose of receiving legal advice to specific legal questions
pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to pending litigation regarding Town
of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et al. v Town of
Avon 2010 CV 316
b. Meet with Town Attorney for the purpose of receiving legal advice to specific legal questions
pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to a promissory note and shared
appreciation second mortgage under the Town's Housing Assistance Program
c. Meet with Town Attorney for the purposes of discussing the purchase and acquisition of real
property pursuant to Colorado Revised Statute Section 24- 6- 402(a)
The Executive Session adjourned, there being no further business to come before the Council, the
meeting adjourned at 9:25 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynolds
RE41 ECTF L Y SUBMITTED:
��/ iuty Tow Clerk
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