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TC Minutes 08-07-2013VON TOWN OF AVON, COLORADO SPECIAL COUNCIL MEETING MINUTES FOR TUESDAY, AUGUST 7, 2013 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 5:15 PM. A roll call was taken and Council members present were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds (via phone) and Jake Wolf. Councilor Dantas was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager /Town Clerk Patty McKenny, as well as members of the public. 2. DISCUSSION AND POTENTIAL ACTION ON INVESTIGATION OF ACCUSATIONS OF IMPROPRIETY Mayor Carroll summarized why the meeting was called and noted that the special meeting was noticed per the Charter and the order of the meeting would run as follows: 1. Introduction: Mayor Rich Carroll 2. Town Attorney Presentation 3. Council Questions 4. Public Input 5. Council Discussion 6. Potential Action Town Attorney Eric Heil reviewed the Code of Ethics Section of Avon Municipal Code, noting that the Council decides whether or not to move forward with any investigations. He noted that there were some concerns expressed by Councilors Evans and Goulding related to the recent public comments in the newspaper about potential violations of the code of ethics with their role in several town projects including the Wyndam and WalGreen projects, as owner of Evans Chaffee Construction Group. Councilor Evans presented his request for the meeting and a formal request for an investigation to be opened in light of these recent Vail Daily articles and editorials written by staff member Scott Miller and community members Ms. Laurie Adler and Mr. Joe Walker. He noted his concern about the serious accusations being made about Todd Goulding, himself, and his business Evans Chaffee Construction Group. Mayor Pro Tern Goulding also indicated his support to conduct an open and transparent investigation by his colleagues. It was noted that the town had not received any written complaints at this time. There were some questions and comments made by town council members as follows: ✓ subpoena powers related to the investigation ✓ timeframe involved to conduct investigation ✓ point of tonight's meeting is whether or not to move forward with an investigation Public Input Mayor Carroll opened the meeting to public input and the following community members were heard: 1. Laurie Adler, resident of Avon, read a statement into the record at this time noting her concerns about the appearance of impropriety on the part of the elected officials. 2. Kristi Ferraro, resident of Avon and former Town Council Member, commented on the fact that there is a perception in the community that there is a connection between council members and Avon projects; she requested that the town conduct an independent Special Council Meeting Minutes 13.08.07 Page i AV M 11 1. c;l TOWN OF AVON, COLORADO SPECIAL COUNCIL MEETING MINUTES FOR TUESDAY, AUGUST 7, 2013 AVON TOWN HALL, ONE LAKE STREET investigation regarding this matter. She suggested contacting Colorado Ethics Watch and the Colorado independent Ethics Commission to assist with this process. 3. Amy Phillips; resident of Avon resident and former Town Council Member, expressed her concern with the residency status of Councilor Evans and Mayor Pro Tern Goulding, and requested that a third party conduct an investigation into this matter. 4. Joe walker: resident of Avon, read a statement in the record which was provide the Town Clerk noting his concerns as follows on several matters outlined in his letter, including conflict of interest on projects and residency requirements. 5. Phils Struve: resident of Wildridge and citizen of Avon, noted that the comments are only from one neighborhoods and expressed his support of the town officials and his support of an independent investigation. The public input period was closed at this time. Council Discussion The following comments were made by town council members: ✓ support for a 3rd party investigation ✓ evaluate whether or not the investigation will cost the taxpayers any money ✓ how many investigations could be done at the same time, and what is the cost ✓ may need to explore the avenues available to the council for hiring the attorney firm; must be a qualified attorney Mayor Carroll commented that he didn't think there should be an investigation at this time because of a newspaper article or public input; he thought there should be a formal complaint prior to making this kind of decision. He supported using a third party attorney in this process. It was noted by Mayor Pro Tern Goulding that Councilor Evans and he request this investigative effort. Town Manager Egger recommended that the Town Council identify who they want to interview and then select the attorney in open session. After some further discussion about whether or not a written complaint would be required, Councilor Fancher read into the record the last part of the statement from Laurie Adler presented during public input and Councilor Wolf read into the record the last part of the statement from Joe Walker presented during public input, both of which requested an independent external opinion about the conflict of interest question. Further discussion ensued about how to proceed, whether or not to schedule another meeting to discuss the process, whether or not to involve the District Attorney's office, and why a motion would be required in light of the current code language. Councilor Wolf moved to conduct an investigation based on the letters from the public as related to Mayor Pro Tern Goulding and Councilor Evans, on the 5 items identified per the letters, code of ethics related to conflict of interest on projects, residency requirements, etc. and in addition that the investigation be conducted by an independent counsel and finally determine whether or not the District Attorney would be involved. Councilor Fancher seconded the motion. Some additional comments were heard and Councilor Reynolds was informed that he could vote on the matter over the telephone. Councilor Reynolds Councilor Wolf expressed their position that they did not see the need for the formal motion. Town Attorney Eric Heil noted that Goulding and Evans would not be Special Council Meeting Minutes 13.08.07 Page 2 iff N C DL O N � I1 O TOWN OF AVON, COLORADO SPECIAL COUNCIL MEETING MINUTES FOR TUESDAY, AUGUST ], 2013 AVON TOWN HALL, ONE LAKE STREET able to vote on the motion. There were some comments made by the Town Manager about contacting the District Attorney's office. Both Councilors Wolf and Fancher agreed to strike the language in the motion including the District Attorney's involvement, but rather wait until the results of the investigation are provided. A roll call was taken and the motion passed unanimously by those voting (Mayor Pro Tern Carroll, Councilors Fancher, Wolf, Reynolds — yea; Councilor Dantas - absent, Councilor Evans and Mayor Pro Tern Goulding abstained due to conflict on the matter). There were brief comments made about the idea of abstaining from involvement and voting on town projects if there was a possibility of involvement on a project; it was noted that the investigation would be conducted and discussion about any amendments to the code of ethics would be a matter to consider in the future. There being no further business to come before the Council, the regular meeting adjourned at 6:10 pm. APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Todd Goulding Albert "Buz" Reynolds Jake Wolf RESPECTFULLY SUBMITTED: Q'}0kL Patty McKe y, Town Clerk Special Council Meeting Minutes 13.08.07 Page 3