TC Minutes 01-11-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JANUARY 11, 2011
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 5:55 PM. A roll call was taken and Council members
present were, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips, and Buz Reynolds. Dave Dantas
was absent. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town
Manager Patty McKenny, Assistant Town Manager Community Development Sally Vecchio, Assistant
Town Manager Finance Scott Wright, Town Engineer Justin Hildreth, as well as other staff members and
the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Carroll noted that an executive session would be reconvened at the end of the regular meeting.
The Town Attorney noted that there were no conflicts of interest.
Councilor Goulding expressed during public comment his appreciation of the staff's effort in getting the
ice ready for the Rocky Mountain Pond Hockey tournament. It was all agreed that Public Works was to
be commended.
COMMUNITY INPUT
a. Bus Transit in Avon, Dominique Mohrman, Email Only
b. Avon's Historic Preservation Committee Members Kelly Enright & Greg Macik were present to
address the "Landmark Designation Criteria "; they submitted a letter addressing their concerns
about the removal of Ordinance 08 -04 from the Avon Municipal Code. It was noted that this change
was an over site when adopting the recent Avon Development Code. Council agreed to craft a new
ordinance for consideration.
DEPARTMENT UPDATES
a. Bob Ticer, Police Chief, presented Police Department Updates on staffing and training recognizing
Lieutenant Daly for his recent graduation from supervisors training and Matt Jamison for his recent
graduation from the Glenwood Springs Colorado Mountain College Police Academy and position as a
new officer and finally recognition for Bryan Mullett as new police officer.
b. Dan Cuddathy, McMahon & Associates, presented a "Certificate of Achievement for Excellence in
Financial Reporting" Award given by the Government Finance Officers to Avon's Finance
Department which recognizes the Finance Department for its recent award in governmental
accounting and financial reporting.
CONSENT AGENDA
Mayor Carroll asked for a motion on the consent agenda. There was discussion related to item d) and it
was removed from the agenda for follow up to occur on some questions at the next meeting.
Councilor Evans moved to approve the consent agenda excluding letter d); Mayor Pro Tern Ferraro
seconded the motion and it passed unanimously by those present ( Dantas absent).
a. Minutes from December 14, 2010
b. Resolution No. 11 -01, Series of 2011, Resolution Approving The Locations For Posting The
Notices Of Public Meetings
c. Petitions to Correct Substantial Errors in Case Nos. 05CW262 and 07CW225, District Court,
Water Division 5 (Town of Minturn and Ginn entities Applications)
Councilor Goulding moved to consider item d) at the next regular meeting in order to have some
answers to their questions about the change order. Mayor Pro Tern Ferraro seconded the motion and it
passed unanimously by those present (Dantas absent).
d. Change Order 1 to the Design Services Contract with Camp, Dresser, and McKee (CDM), Inc. for
the Avon Community Heat Recovery Project Questions were raised regarding the change order
will be pulled from the consent agenda and presented at next meeting with more explanation
on the costs
OLD BUSINESS
Eric Heil, Town Attorney reviewed the drafted letter that addresses Stone Creek Charter School's lease
and temporary staging area site requirements. There was some discussion about the letter and some
minor edits were suggestion. It was also noted that the town needs to send the letter to Stone Creek no
later than 2/2/11 because town needs to see Village Design Review Board. Other concerns were
mentioned about the topic. The Town Attorney was direct to make the changes and forward the letter.
NEW BUSINESS
Rich Carroll, Mayor, presented the need to nominate a council member to the "Eagle County Citizens'
Open Space Advisory Committee ". Mayor Carroll offered to serve on this committee. Councilor Phillips
moved to nominate Mayor Carroll to serve on the "OSAC" committee as Avon's representative.
Councilor Evans seconded the motion and it passed unanimously by those present (Dantas absent).
Sally Vecchio, Assistant Town Manager Community Development presented the memo that described
how to Initiate Avon Development Code Text Amendments. There was some discussion about how to
initiate changes to development code chapters related to some of the following topics:
✓ Medical marijuana language
✓ Historic preservation language
✓ Miscellaneous edits
Councilor Goulding moved to initiate the text amendments for the Avon Development Code related to
the above topics. It was agreed by all of council members to proceed in this fashion.
ORDINANCES
Eric Heil, Town Attorney presented Ordinance No. 11 -01, Series of 2011, First Reading, Ordinance
Accepting Lot 2, Chateau St. Claire. He reviewed the resolution that would accept the Quit Claim Deed
for Lot 2, Chateau St Claire Subdivision. Some brief discussion ensued and Councilor Phillips moved to
approve Ordinance No. 11 -01, Series of 2011, First Reading, Ordinance Accepting Lot 2, Chateau St.
Claire. Councilor Goulding seconded the motion and it passed unanimously by those members present
(Dantas absent).
RESOLUTIONS
Rich Carroll, Mayor presented Resolution No. 11 -02, Series of 2011, Resolution Voluntarily Reducing
Town Council Salaries He noted that the cost savings program allows members to voluntarily donate
back portion of their salary. There was a brief review of the memo and Councilor Reynolds moved to
approve Resolution No. 11 -02, Series of 2011, Resolution Voluntarily Reducing Town Council Salaries.
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Minutes 11.01. 11
Councilor Evans seconded the motion and it passed unanimously by those members present (Dantas
absent).
MAYORS REPORT
Mayor Carroll reminded everyone about the Community Heat Recovery Project Ribbon cutting
ceremony happening on January 25, 2011 at the next regular meeting date. There was an update
provided on the Eagle Valley Multi -Party Land Exchange, and it was noted that County Commissioner
John Stavney was diligently working to keep the process moving. There was some discussion about the
process to use in interviewing the P &Z candidates. It was agreed to interview the candidates during the
work session and select the person at the start of the regular meeting as well as interview them all at
the same time.
EXECUTIVE SESSION
Councilor Phillips moved to reconvene the Executive Session at 7:10 PM; Councilor Reynolds seconded
the motion and it passed unanimously by those members present (Dantas absent). The following
reasons were noted for the discussion:
a. Receiving legal advice 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. Receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(a), the purchase,
acquisition, lease, transfer, or sale of any real, personal or other property interest, and (e),
determining positions relative to matters that may be subject to negotiations, related to the multi
party land exchange
The Executive Session adjourned at 9 PM and convened to the regular meeting.
Councilor Goulding moved to approve a joint representation and joint defense agreement; Councilor
Evans seconded the motion and it was approved. (Evans, Goulding, Reynolds — yea; Carroll, Ferraro,
Phillips abstained; Dantas — absent).
There being no further business to come before the Council, the meeting adjourned at 9:05 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynold
RESPECTFULLY SUBMITTED:
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