Loading...
TC Minutes 10-08-2013W% I q AVON TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 8, 2013 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 5 PM. A roll call was taken and Council members present were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, and Jake Wolf. Buz Reynolds was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager /Town Clerk Patty McKenny, as well as members from the public. 2. APPROVAL OF AGENDA Mayor Carroll noted that public comment would be heard both before and after executive sessions. 3. PUBLIC COMMENT Amy Phillips, Avon resident, requested that a discussion about "conflicts of interest" be made during the Urban Renewal Authority meeting. This was noted because the taxing districts include more than just Avon, i.e. school district, ambulance district, etc. as well since there are different boundaries other than town's boundaries. She encouraged that this discussion should occur around conflicts on any potential future projects that would occur as a result of the authority's actions. She also requested consideration be given to ensuring that Channel 5 is filming prior to moving with discussions on agenda items. And finally, she asked that staff provide updates to those waiting in the hallway about estimated timeframes on executive sessions. 4. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) Councilor Wolfe moved to convene into Executive Session for purposes noted below; Councilor Dantas seconded the motion and the executive session began at 5:10 pm. 4.1. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to settlement matters regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 3 4.2.Meet Pursuant to Colorado Revised Statute §24- 6- 402(4) (f) for the purpose of discussing personnel matters related to the annual performance review of the Town Manager Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as stated and that if at any time during the executive session anyone believes that the discussion does not concern the topic and purpose of the executive session, to please raise your objection immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, Councilor Chris Evans, Councilor Jennie Fancher, Mayor Pro Tern Todd Goulding, Councilor Jake Wolf, Town Attorney Eric Heil, Town Manager Virginia Egger and Assistant Town Manager /Town Clerk Patty McKenny for agenda item 4.1. Only council members were present for discussion on agenda item 4.2 (Councilor Buz Reynolds was not present). The Executive Session adjourned at 7 pm and Mayor Carroll noted that regular meeting reconvened and asked if any Council member believed that any discussion in Executive Session was inappropriate and not related to the topic and purpose of the Executive Session to please state their objection at this time. There were no objections stated at this time. Avon Council Meeting 13.1o.o8 Minutes page 1 VON- - - - -_ o N TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 8, 2013 AVON TOWN HALL, ONE LAKE STREET 5. PUBLIC COMMENT Michael Caccioppo, noted two concerns to be addressed 1) damaged signage at the pedestrian way at intersection of Avon Road /Hurd Lane; it always seems to be knocked over, 2) requested that the pothole issues at the recycling center location be repaired. 6. BUDGET WORK SESSION 6.1. Review and Recommendation for Funding 2014 Requests from Outside Agencies - Agency Representatives will be present to answer questions (Virginia Egger, Town Manager) Town Attorney Eric Heil spoke about "conflict of interest" and "appearance of impropriety" related to the review process for funding requests. There was an overview that was presented by Town Manager Virginia Egger who explained the detail of the memo presented in the packet, noting the process, ratings, and recommendations. Representatives from the various groups addressed the Town Council at this time. Chris Romer, VVP EGE Air Alliance: Tim Baker Eagle Valley Alliance for Sustainability: Kim Langmaid Bravo! Vail: Caitlan Murray Red White Brews: Jen Reid Vail Valley Charitable Fund: Michele Maloney Eagle Valley Land Trust: Jason Denhart Walking Mountains: Doug Doosenbury Speak up Reach Out: Molly Fiore Eagle River Youth Coalition: Lucy Cummings Youth foundation: Katie Santambrogio Red Ribbon Project: Denise Kipp Early childhood Partners: Julia Kozusko Eagle County Downpayment Assistance: Tori Franks Augustan Care: Doris Duton Some of the comments for this work session included the following: • Councilor Evans noted that he leases space in his building to Eagle Valley Alliance for Sustainability group in order to be transparent with any appearances of a conflict of interest. The Town Attorney, Eric Heil, indicated that this would be noted and noted that he should not vote on this particular funding request. Councilor Evans also noted that the Eagle River Youth Coalition would be receiving their company's contribution from money raised from their "Kickball Classic" event. • There was consensus to review the proposal from Augustana Care at another council meeting in November. • Comments from Michael Caccioppo about his concerns with the idea of block voting on the funding requests, noting that this was a bad idea and each should be voted on separately. • Comments about whether or not Council Wolf has the "appearance of a conflict of interest" in light of his employment with Eagle County School District and voting on programs that occur at Avon Elementary School where he is employed. • Council feedback was provided on the funding requests with some suggested amounts that would be included in the final budgets, both general and water fund budgets. Avon Council Meeting 13.10.o8 Minutes Page 2 AV R .i N TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 8, 2013 AVON TOWN HALL, ONE LAKE STREET A short break was taken from 9 :45 Pm until 9 :55 Pm. 7. VILLAGE AT AVON UPDATE Eric Heil, Town Attorney, presented an updated on the memo provided in council packet that address the status of finalizing the settlement of litigation related to Village at Avon. Both Linn Brooks, ERWSD and Mike Lindholm, Traer Creek LLC, were present to answer questions. Two issue areas were noted 1) BNP Bank comments related to language about the "call protection" related to the bond issuance, and 2) the amount of escrow required by water authority for storage tank. There have been discussions about scheduling the closing and how that works with attorneys' schedule over the next couple of months. There was discussion about the timeline that should be in place for executing the final documents, and whether or not a scenario would exist that would request the need to extend the deadline date of November 13th. There was consensus for a preference that would require the other parties to have executed the documents before any extension would be approved. 7.1. Review of 2014 Budget Recommendation (Virginia Egger, Town Manager) Virginia Egger, Town Manager, introduced the budget for 2014 noting that this review is to obtain some direction and support for the budgets presented in the council packet memos. 7.1.1. Affordable Housing Fund (Scott Wright, Finance Director) There was some discussion about reviewing this fund and future programs in 2014. 7.1.2. Equipment Replacement Fund (Scott Wright, Finance Director) The 2014 budget for this fund was reviewed with some highlights as follows: ■ Replaces town equipment with funding through each department This fund collects resources to make the larger purchases ■ Department directors develop this budget together ■ List of what will be replaced included in the packet ■ Auction on internet for public agencies ■ Include police public works and rec equipment & IT related purchases 7.1.3. Capital Projects Fund /Facilities Replacement Fund /Community Enhancement Fund (Justin Hildreth, Town Engineer) A review of the 2014 CIP Fund was made with some of the following highlights: ■ Update on revenues sources ■ If ballot proposal passes, then a budget amendment would be presented to adjust the CIP budget ■ Proposed projects included some of the following 1) E mail projects: z) 2014 ski town improvements 3) street maintenance ■ No longer identifying discretionary vs non discretionary projects ■ Asking only to approve the 2014 projects There was also a review of the Community Enhancement Fund with discussion about funding a stage in the park and other kinds of projects for the town. 7.1.4. Water Fund (Justin Hildreth, Town Engineer) There was a review of the Water Fund 2014 Budget made with highlights as follows: ■ Revenues resources ■ Proposal to include the ability to restrict fund balances ■ Proposed increase in fees to offset costs of ditch maintenance ■ Proposal from Water Authority to increase fees Avon Council Meeting 13.10.08 Minutes Page 3 C o VON 1 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 8, 2013 AVON TOWN HALL, ONE LAKE STREET ■ Funding of some community groups that support and monitor water quality programs There was some support to adjust the general fund public works work plan to try to include the ditch maintenance or possibly impose the rate increase temporarily. 7.1.5. Debt Service Fund (Scott Wright, Finance Director) There was a review presented for the proposed Debt Service Fund 2014 budget. Detail and highlights were reviewed as follows: ■ Property Tax Levied for Town's Series of 20014 General obligation Refunding Bonds ■ Assess Valuation Review ■ Final Maturity on Series of 1999 Sale Tax Revenue Refunding Bonds ■ Ending Fund Balances 8. URBAN RENEWAL AUTHORITY MEETING BEGAN AT 11:15 PM AND ADJOURNED AT 11:25 PM; MINUTES SEPARATE 9. ACTION ITEMS 9.1. CONSENT CALENDAR 9.1.1. Renewal /Approval of Eagle County Animal Control IGA (Bob Ticer, Police Chief) 9.1.2. Sex Offender Tracking and Registration (SOTAR) Data Base IGA with Douglas County Sheriff (Bob Ticer, Police Chief) 9.1.3. Agreement for Legal Services for the Town of Avon with Attorney Eric Heil 9.1.4. Agreement for Legal Services of Client Attorney for Prosecutor Elizabeth Pierce - Durance 9.1.5. Minutes from September 24, 2013 and Councilor Evans moved to approved items 9.1.1 through 9.1.5; Councilor Fanchers seconded the motion and it passed unanimously by those present (Reynolds absent) 9.1.6. Minutes from October 2, 2013 Meetings Councilor Wolf moved to approved October 2, 2013 minutes; Councilor Dantas seconded and they were approved by those voting and present (Goulding and Evans abstained; Reynolds absent). Councilor Wolf commented in support of Avon Police Department with their efforts in the community. 10. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 1o.1. Upper Eagle Regional Water Authority Board Meeting (Todd Goulding, Mayor Pro Tem) There was an update about several topics such as 1) flooding on the front range, 2) the Authority Agreement update, 3) 2014 budget progress, with more information to come on #2 & #3 later. Town Manager Virginia Egger presented some informational updates about the November 5, 2013 ballot issue 2A regarding the fact that there was not an effort by anyone at this time to form a committee to support the proposal. However some staff efforts have been made on personal time. The town's website does have factual information on the proposal and ballot question. Mayor Carroll noted the October 16th meeting with District 5 State Senator Gail Schwartz. Avon Council Meeting 13.1o.o8 Minutes Page 4 -iPRIMP V0 N TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 8, 2013 AVON TOWN HALL, ONE LAKE STREET There being no further business to come before the Council, the regular meeting adjourned at 11:40 PM. APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Todd Goulding Albert "Buz" Reynolds Jake Wolf RI(§`PCTFRqY SUBMITTED: r-IT Patty Mc n wn Clerk Avon Council Meeting 13.io.o8 Minutes Page 5