[0:00] - Welcome everyone.

[0:02] I called to order the Avon Town Council meeting for Tuesday,

[0:06] July 28th, 2026.

[0:09] A roll call please. Miguel.

[0:10] - Yes, Madam Mayor Chico Thuon. Here. Rich Carroll.

[0:15] I'm here. Tamra Underwood? Here. Gary Brooks. Here.

[0:19] Ruth Stanley. Present. Lindsay Hardy is absent.

[0:22] Kevin Hyatt here?

[0:24] - Yes. Councilor Hardy is absent tonight.

[0:27] She's on maternity leave tonight

[0:29] and we are happy to announce

[0:31] that Brooklyn Lavonne Maloney was born in Vail on

[0:36] July 18th at 9:41 PM

[0:40] and weighed in at seven pounds.

[0:42] 7.7 ounces lost sir. So that is best news ever.

[0:47] So congratulations to that.

[0:50] We are on to approval of the agenda.

[0:53] Does anybody have any changes to the agenda please?

[0:58] - I would like to pull 5.10 notice of award.

[1:03] I'm sorry, pardon me? 5.10 notice of award

[1:07] for heat recovery system expansion

[1:09] and have a little discussion. Okay,

[1:12] - 5.1.

[1:15] Yes. So let's put

[1:19] that at the very end.

[1:21] That will become 6.6 and we can have discussion.

[1:24] Eva, you'll hang around for that. Thank you. Okay,

[1:30] - What - Any other changes to the agenda please

[1:36] - Do - Or a motion as amended. I

[1:40] - Move to approve the agenda as revised

[1:44] - So - I could Thank you Ruthie and Gary.

[1:46] All those in favor please say aye. Aye. Aye. Aye.

[1:48] Those opposed hearing no nays that passes

[1:54] six to zero as amended.

[1:58] Okay. Next is disclosure

[2:02] of any conflicts of interest

[2:03] or potential conflicts of interest related to agenda items.

[2:06] Does anyone have anything to disclose please?

[2:10] Hearing none we will move on to public comment.

[2:14] Now is the time for public comment

[2:17] which the Avon Town Council values greatly.

[2:19] We typically accept public comment at each business item on

[2:23] the agenda, but now is the time to provide your point

[2:26] of view on any topic, not on tonight's agenda.

[2:29] Please direct your comments to the council, not

[2:32] to staff or others in the room.

[2:34] This public comment part of the agenda is not a forum

[2:36] for back and forth conversations with the council.

[2:39] This is a forum for the Town Council

[2:41] to hear your valuable input, comments

[2:43] and point of view at the conclusion of this public.

[2:46] Comments part of our agenda, the council may

[2:48] but is not required to refer some questions

[2:51] or matters to our Avon staff.

[2:53] We respectfully ask that your input be confined

[2:55] to three minutes and an additional one minute can be granted

[2:58] in the council's discretion.

[3:00] Please start by coming to the podium,

[3:02] adjusting the microphone Before you turn it on,

[3:05] you turn it on by pushing the red rectangle

[3:08] that will turn green indicating that the microphone is on.

[3:12] Please tell us your name

[3:14] and spell your last name so

[3:16] that it can be reflected in our minutes accurately.

[3:19] Please also tell us the neighborhood where you live.

[3:23] I will add that in so much as there has been

[3:27] so much public comment

[3:28] and interest in the flock camera issue,

[3:31] I will point out specifically that

[3:34] that is business item 6.1.

[3:37] I'm sure a lot of you are here to speak to us about that

[3:39] and we look forward to hearing from you.

[3:41] I ask that flock camera comments be input

[3:45] to us at item 6.1

[3:47] and that this four comments not on the agenda tonight.

[3:51] So does anyone have anything to add?

[3:58] - Awesome. Tim McMahon,

[4:02] Sunridge over Avon.

[4:05] I just had some care.

[4:06] Well bring some experience when people get up here

[4:09] later on at 6.1.

[4:11] Treat the council with respect and dignity.

[4:14] Don't drop F-bombs

[4:15] 'cause then Miguel will turn my microphone off.

[4:18] So just saying if you play with them it's a lot easier.

[4:21] So that's it.

[4:24] - Thank you Tim. Yes sir. - And

[4:29] - My name's Jack McBride.

[4:30] I'm at Buck Creek Condominiums.

[4:32] I've sent you guys an email to try

[4:34] and make the information a little bit more desirable,

[4:37] but thank you so much for allowing me to speak.

[4:39] When I first purchased my condo in 1991,

[4:43] I was a young officer in the army.

[4:45] I could barely cover the mortgage

[4:47] but I was able to short term rent it, which was a benefit

[4:50] for me to be able to make ends meet.

[4:53] I knew that when I got outta the army,

[4:55] Avon was gonna be where I was gonna live.

[4:58] My twin boys learned

[4:59] to skate the be they skated on Nottingham Lake at least

[5:02] until the Zamboni fell in.

[5:04] As I was still assigned to Fort Carson,

[5:07] we would visit mostly on weekends

[5:10] during two extended deployments to Bosnia and Iraq.

[5:14] Knowing that my family would not come up here without me,

[5:17] I did short, I did long-term workforce housing.

[5:20] The first one was great, the second one was very expensive

[5:23] and it wasn't a a

[5:24] good Experience.

[5:30] When I left the army, I moved to Avon

[5:32] as a full-time resident.

[5:33] I volunteered to support numerous events

[5:35] and enjoyed living here.

[5:37] The changes at the beach and the amphitheater are great.

[5:39] Being on the water and in the town center

[5:41] as it says on the light post on Lake

[5:43] Street is is just great.

[5:46] I said it's always been a selling point of our properties.

[5:49] Prior to 2020 properties would sell by word of mouth

[5:52] as they were so sought after.

[5:54] This all changed in 20 21, 20 22 when the the Town Council

[5:58] approved the short-term rental overlay, which is

[6:00] what I'm here to speak about today.

[6:02] Properties that wouldn't make it to market

[6:04] because they sold so fast now take up to three years

[6:07] to sell properties.

[6:09] I said I'm not a real estate agent, agent or a salesperson,

[6:12] but it's very clear that properties that have the ability

[6:15] to sell with an unrestricted license are 20

[6:18] to 30% more valuable than one is not able

[6:21] to be rented unlimited, which is what we are in right now.

[6:23] The town of court Town of Avon did to almost 800 units

[6:27] has excluded them from the town court.

[6:29] These 800 units are around Nottingham Lake.

[6:32] The designation has been arbitrarily changed over the years.

[6:36] It's, it's changed from a certain area to other areas as new

[6:40] luxury town homes have been built.

[6:43] Mark Lewis a couple weeks ago had a great Avon.

[6:46] I had a great editorial that said that you don't have

[6:48] to penalize people in order to meet your goals.

[6:51] I said there's an individual who wants

[6:52] to build affordable parental housing in a in Edwards,

[6:56] but Eagle wants to stop that

[6:58] and condemn the land so

[6:59] that they can't have rent controlled property being built.

[7:02] So this begs the question,

[7:04] if we don't need these affordable units, why take 20 to 30%

[7:07] of the value of these 800 properties

[7:10] around the lake while taking the property rights

[7:13] and the value is bad enough?

[7:15] The town has seen fit to approve the building

[7:17] of over 300 luxury condos

[7:20] and condominiums in the unrestricted short-term rental

[7:23] licenses area.

[7:25] They have added these guys to the town core, so prior

[7:28] to the overlay of these 800 units competed fairly

[7:32] and equally for those sales and those short term rentals.

[7:37] One more minute please. Thanks Jeff.

[7:39] Now the scales of equal compensation have been tilted in the

[7:42] town because of the weight of the overlay on the 800 units

[7:45] that are around Nottingham Lake.

[7:48] Clearly there were not too many short-term rental

[7:50] unrestricted license prior to the overlay

[7:53] or they wouldn't have authorized,

[7:54] you guys wouldn't have authorized the building

[7:56] of 300 more front gate, one river front skull.

[7:59] They probably would not be built if they

[8:01] were restricted to 15%.

[8:03] The goals of the short-term rental property were

[8:05] to grow the inventory of the home

[8:06] ownership in the households.

[8:08] Is there any data over the past five years that

[8:12] that has come to fruition?

[8:15] The current policy is to make these properties

[8:17] that are in proximity to the community anchors is

[8:19] to devalue those to the point to where the town can come in

[8:23] and essentially steal the value of

[8:25] by providing a 30% down payment

[8:28] and get somebody to buy who doesn't understand

[8:32] that the options for them reselling are severely limited

[8:35] and thus become a deed restricted town owned property.

[8:38] And once this happened, this is forever.

[8:40] The town gets a deed restricted property

[8:43] for 25 cents on the dollar.

[8:45] I'm not against building new properties,

[8:46] I'm not against the good deeds program,

[8:49] but to allow the new bills, the rights

[8:52] that you've taken away from us is really wrong.

[8:55] I've been here for 35 years.

[8:57] Please remove the weight

[8:59] of this short-term overlay on those 800

[9:01] properties. Thank you very much.

[9:04] - Thanks Jim. Anyone else please? Yes sir.

[9:14] - Good evening Mayor and members of the Town Council.

[9:17] My name is Albert Almo Dova, A-L-M-O-D-O-V-A

[9:22] and I live on Nottingham.

[9:24] Ray, I wanna thank you for the opportunity

[9:28] to let me speak tonight.

[9:30] I am here to ask you to continue funding

[9:32] the local employee resident first time home buyer program,

[9:35] specifically the Good Deeds program.

[9:38] For the past six years, I rented the home

[9:41] that I am now in process

[9:42] of purchasing My landlord has been incredibly generous

[9:44] by lowering the purchase price

[9:46] to make homeownership possible for me so

[9:49] that I could get qualified by a lender.

[9:51] Even with that generosity, the program is

[9:53] what makes buying the home financially achievable.

[9:56] And even with this program, I'm at the very edge of

[9:58] what I can qualify and afford.

[10:02] I've lived in the Bell Valley for more than 10 years.

[10:04] This community is my home.

[10:06] I work here and I have built my life

[10:08] here like so many others.

[10:09] I wanna put down roots instead

[10:11] of wondering whether I'll be able

[10:12] to stay from lease to lease.

[10:15] This isn't just about me.

[10:16] I currently live with three of my friends

[10:18] who are full-time year round locals

[10:21] and my plan is to keep them as roommates

[10:23] after I purchase the home.

[10:25] By doing that, I can continue providing three local county

[10:28] workers with an affordable place to live.

[10:30] Supporting one home purchase doesn't just help one person,

[10:33] it helps four members of this community

[10:35] remain in this valley.

[10:38] Programs like this are an investment in the people

[10:40] who make this community work every day.

[10:41] They help teachers, service workers,

[10:43] healthcare professionals

[10:45] and so many others who love living here

[10:46] but struggle with the cost of housing.

[10:48] I know that this program requires

[10:50] that a deed restriction restriction be put on the property

[10:52] and I'm fully aware of that and what that entails

[10:55] and I'm happy to do so if it helps

[10:57] to establish a more affordable environment

[10:59] and predictable home value growth in the valley.

[11:03] I respectfully ask you to continue funding this program so

[11:05] that the people like me can remain part

[11:07] of the community we've spent years building our lives in.

[11:10] Thank you for your time and your consideration.

[11:12] - Thank you Albert. Anyone else please public comment

[11:16] for items not on the agenda tonight online,

[11:19] is there anyone with a raised handle?

[11:21] Yes ma'am.

[11:25] - My name is Deb McBride. I'm in Buck Creek.

[11:28] So with the Good Deeds program you,

[11:30] I know you can't answer my questions,

[11:33] but we have a very, very old building deed.

[11:36] So how does it work when the person

[11:39] who buys the property under the good needs program

[11:43] can't pay for a special assessment

[11:46] or our dues HOA dues quarterly are going up

[11:52] astronomically compared to when we started?

[11:54] I know you can't answer the question,

[11:56] but who does that fall on the HOA to do a lien

[12:01] and foreclose and then who is the town them responsible

[12:05] because they've contributed

[12:07] to the purchase of this property?

[12:09] That's my question

[12:10] and I would like an answer sometime in writing.

[12:15] Oh,

[12:17] - Thank you Steph.

[12:19] More public comment? Yes please.

[12:23] Hi, my name is Jennifer Lance, L-A-N-C-E.

[12:26] I live on Nottingham Road in 2021.

[12:30] My house was destroyed in a mudslide in July

[12:33] and recently our culvert, that's like a Town

[12:36] of Avon culvert's property was clogged again.

[12:39] We called a few times and finally got some action

[12:41] and people were coming out to assess it

[12:43] and so I just wanted to say thank you for that

[12:45] and just keep a reminder to keep our culverts clean and open

[12:49] because I know the weather's been crazy, it hasn't rained

[12:52] that much, but when it does rain it comes down hard

[12:55] and the ground's really dry

[12:57] and those hills above where we all live are are really dry.

[13:00] So just thank you for taking action when we called

[13:03] and just please a reminder

[13:05] to keep the culverts clear in town.

[13:07] Thanks a lot. Thank you Jennifer.

[13:11] More public comments on items not on the agenda tonight.

[13:15] Okay, we'll go online. Is there anybody with a raised hand?

[13:18] If you're online, please raise your hand on Zoom

[13:21] or if you're on your phone, press star nine.

[13:24] - You - Seeing non Madam Mayor.

[13:27] Okay, anybody else in the room again? No.

[13:30] Okay, we will move on to the consent agenda.

[13:32] Thank you everybody. The consent agenda,

[13:35] we have nine items on the consent agenda

[13:38] or is there any discussion or a motion please?

[13:41] - I move to approve tonight's consent agenda. Second.

[13:47] - Thank you Chico and Gary.

[13:48] All those in favor please say aye. Aye. Aye. Aye.

[13:51] Those opposed, please say nay.

[13:52] Aye The consent agenda is approved six to zero

[13:57] and now we are on to item 6.1, which is the presentation

[14:02] As a discussion

[14:04] of flock cameras we have leading us town manager Eric Hyle

[14:08] and police chief Greg Daly.

[14:11] - Good evening Madam Mayor, members of council.

[14:14] I am going to ask if I think Miguel's doing,

[14:17] if I can have the clicker.

[14:19] So obviously I think we've all seen that there's been a lot

[14:23] of comments since the vandalism occurred

[14:26] at a few cameras in town.

[14:28] What I wanted to do is provide a quick overview of cameras.

[14:31] Most of this presentation is gonna focus on flock cameras.

[14:34] It is gonna tell you what we've done, what we know

[14:37] and what we're paying attention to is we recognize that

[14:41] the technology's evolving, the law's evolving

[14:44] and certainly we're paying attention to community sentiment

[14:47] that's coast to coast on this,

[14:49] not just in the state of Colorado.

[14:51] So I'm gonna give a quick overview

[14:53] of our automated license plate readers,

[14:55] which are the flock safety cameras, body cameras,

[14:58] patrol car cameras, or speed enforcement

[15:00] cameras and security cameras.

[15:04] So we first did body cameras in 2010.

[15:06] We were one of the first agencies in the state

[15:09] and that was part of community policing and accountability

[15:13] and, and that's, you know, been far ahead

[15:16] of I think most police departments.

[15:18] But that goes back to I think the first camera use.

[15:20] We really started using uhon license plate readers,

[15:25] those are cameras and patrol vehicles.

[15:26] I think we added those in about 2021

[15:31] flock cameras, we brought that to council in March of 2023.

[15:36] There were eight originally in the 2025 budget.

[15:39] Proposed four additional flock cameras.

[15:42] Both of those were at public meetings

[15:45] and the budget for the four additional went

[15:47] through public hearings.

[15:50] Ava speed cameras that was first brought to council in

[15:55] July August of 25.

[15:58] That required a pretty involved process that was dictated

[16:01] by the state of Colorado where we had to pass an ordinance,

[16:04] we had to have public hearings on it, we had

[16:06] to do a warning period, they went live in mid-December

[16:11] and that's a review process that includes CDOT oversight

[16:16] and permitting to get approvals for those.

[16:19] We also have security cameras.

[16:21] Flock is the vendor that we use when we can use the same

[16:24] vendor for it is just more cost efficient for us.

[16:28] We have eight total. Those are primarily to have

[16:32] eyes on town assets to prevent vandalism and graffiti.

[16:35] So we have 'em on our recycle center, Avon Pavilion,

[16:38] the West courts and then we've got two at Avon station

[16:41] and that's been because of the number of vehicle accidents

[16:46] and altercations that happen there.

[16:48] For those who don't know, Avon station is the busiest bus

[16:51] stop in the entire core transit region.

[16:54] So that's been helpful.

[16:58] So usage for flock safety,

[17:02] we the res license plate

[17:03] and provides us Avon Police Department if a license

[17:05] plate is on the hot list.

[17:07] That's, I also called the bolo Beyond the lookout

[17:11] for certain license plates.

[17:13] I put in my memo in my personal experience having worked

[17:17] for Avon and a couple decades ago working for Silverthorne

[17:21] and our location on I 70 I think is

[17:24] unique compared to other places.

[17:26] And I know firsthand in working with police departments that

[17:31] we do get the more violent felons sometimes at large

[17:36] coming through because of I 70,

[17:38] that community is not on I 70, we,

[17:40] we just get a higher volume of that type of traffic.

[17:44] Avon Police Department can access the data

[17:46] for the last 30 days to search for a particular license

[17:49] as part of an official investigation.

[17:52] And then we do allow access

[17:53] by other law enforcement agencies in the state

[17:56] and so they can access the date also for 30 days to search

[18:00] for a particular license as part

[18:02] of an official investigation.

[18:05] This is a summary since the beginning of 2024,

[18:10] so about two and a half years.

[18:13] 104 operational investigations, 24 documented arrests,

[18:16] 11 recovered stolen vehicles.

[18:19] And that's just a quick summary of how

[18:22] that tool has helped our law enforcement succeed in

[18:26] what their mission is to do

[18:30] privacy concerns, wanna recognize that

[18:33] and you know, it's something we paid attention to

[18:36] but with all the public attention,

[18:38] spent a little time over the last few days

[18:40] to research it further.

[18:43] What I have seen in

[18:46] this debate nationwide is there's concerns about

[18:49] federal access to data.

[18:51] Some that sometimes that's called through the front door,

[18:54] which means local communities explicitly

[18:56] authorized to share that data.

[18:58] And we know there's communities in other states primarily

[19:02] that openly share that data with, you know,

[19:05] federal government to help support the immigration

[19:08] enforcement or whatnot.

[19:10] That's called front door access. We do not do that.

[19:13] Side door is local authorities can run a surge on

[19:15] behalf of the federal agency.

[19:17] We don't do that. I'm gonna show you one

[19:19] of our resolutions from 10 years ago about that.

[19:22] And backdoor is unintentional where, call it operator error

[19:26] or failure to, there's a opt-in setting

[19:30] and some communities have failed to check the box

[19:33] or uncheck the box and that has allowed federal access.

[19:37] Two things I want to point out in this discussion is

[19:41] flock safety cameras are also sold to private entities

[19:45] and we have some of those here in Avon.

[19:47] There is no limitation or restriction

[19:51] or fourth amendment rights on that.

[19:53] That is cameras that are reading license plates

[19:56] that can just go into the national database

[19:58] and be used by anyone if flock decides to do

[20:02] that depending on their contracts with private companies.

[20:07] And then one that I want

[20:08] to touch on is smartphone data brokers.

[20:11] And this is considered an end round where there's all these

[20:17] constitutional rules about whether you need a

[20:19] warrant, can you access data?

[20:20] One of the phenomenon that's happening is our phones

[20:25] between the apps, it's hard to block every single app.

[20:29] If it shares that data, then that data goes to data brokers

[20:33] and anyone can be able to buy that.

[20:35] And it's been over the last, I dunno, four

[20:38] or five years, the federal

[20:39] government's been able to buy that.

[20:41] And so even though there might be fourth amendment search

[20:46] considerations, the argument is well if they can just buy

[20:49] the data over the counter, then

[20:50] that's different than a government having

[20:52] to do a get a search warrant.

[20:54] And all this is evolving and some of this is in the courts

[20:58] and there's not, you know, I want

[20:59] to acknowledge there's not clear answers on a lot of this,

[21:01] but wanted to point out those two aspects

[21:05] of this kind of privacy issue.

[21:09] Avon Police Department policy, I'm not gonna,

[21:10] it's a seven page policy, I'm not gonna show all of it,

[21:13] but we did have a policy

[21:14] that was adopted in early 2024 when we started with the

[21:19] flock automatic license plate readers.

[21:22] And this is one snippet from it that says can only be used

[21:26] for investigative leads that only used

[21:31] by Avon Police Department staff who have been trained

[21:34] and that can solely can't be used solely on any kind

[21:39] of discriminatory factor.

[21:41] And then the last one is references to a lot of protections

[21:46] that we recognize, including the last line.

[21:49] I wanna point out that we cannot use facial recognition

[21:53] services as part of using license plate readers

[21:59] counsel passed a resolution in 2016

[22:04] civil liberties protection

[22:06] and the, the relevant part is in the absence

[22:09] of a state interstate or international criminal

[22:13] or national security investigation, Town

[22:15] of Avon does not actively participate in the enforcement

[22:18] of federal immigration law.

[22:19] So not our lane, not our obligation

[22:22] and not something we can afford.

[22:24] And that's from 10 years ago that we just do not cooperate

[22:29] or share information with the federal government,

[22:30] with immigration enforcement.

[22:34] Wanna acknowledge there have been a couple recent cases,

[22:37] there was a SMID versus City of Norfolk case

[22:39] that this is only a district court case,

[22:42] but does say that automatic license plate readers are

[22:45] constitutional and then very recently there was a CHATE

[22:48] versus United States, which is a Supreme Court case

[22:51] and kind of interesting about all this technology talks

[22:54] about geofencing

[22:55] and how they did a search warrant to find a bank robber

[22:59] where they can pick a geographic area

[23:02] and ask for everyone's cell phone area data in

[23:05] that geographic area five minutes before and five minutes

[23:07] after that bank robbery.

[23:09] And so the, at the Supreme Court they said, yeah,

[23:12] that is a fourth amendment search, which requires a warrant

[23:15] and there was a warrant in that case

[23:17] and then there's like a three step process determine if that

[23:21] search was reasonable in the way it was conducted

[23:23] and the Supreme Court remanded it back

[23:25] to the appellate court to see in that circumstance was the,

[23:29] those steps reasonable but interesting

[23:32] because the tracking cell phones, license plate readers,

[23:35] different technologies

[23:37] but in the, you know, raises some

[23:38] of the similar privacy issues

[23:40] and we're seeing some of these cases work

[23:43] through some of these new issues.

[23:47] Just gonna point out in the the

[23:52] Schmidt versus City of Norfolk case think it's FA federal

[23:56] and state courts analyzing automatic license plate reader

[23:59] claims have almost uniformly concluded that neither

[24:02] taking photos of the license plate

[24:04] of a vehicle on a public roadway

[24:06] nor maintaining the query of a database of

[24:09] automatic license plate reader photos

[24:10] constitutes a warrantless search.

[24:12] So this case that it's cited previous cases

[24:16] that says it is constitutional, I say that not to say that

[24:19] that's the right policy or not the right policy,

[24:22] but we do pay attention to these issues.

[24:24] We're not trying to do anything that's not constitutional

[24:28] and we are following these cases

[24:30] and that is the current law in the country right now

[24:32] that they are using them as constitutional.

[24:38] I wanna recognize that,

[24:39] and this is probably more to do with smartphones.

[24:41] We have a long history

[24:42] of federal legislation about really started

[24:45] with wiretaps in the sixties

[24:47] and then became the Electronic Communications Privacy Act

[24:51] through a whole series of acts we had nine 11,

[24:53] then we had the Patriot Act that really changed

[24:55] and expanded the federal government's ability

[24:57] to do surveillance.

[24:59] The Foreign Intelligence Surveillance Act further expanded

[25:02] their ability to do surveillance.

[25:05] And so as I said in a couple slides earlier,

[25:08] right now federal agencies can purchase bulk data from data

[25:11] brokers and so that's a considered to be a loophole

[25:15] and is unresolved at the moment at the federal level,

[25:20] there is a bill that was presented in March of 2026,

[25:24] the government surveillance reform

[25:27] and that would require a warrant to get both data

[25:30] and that also warrants for anything

[25:33] that has location information, web browsing, data search

[25:36] and chat box records.

[25:37] And so that's, there is a bill that's bipartisan

[25:40] that's intended to close some of those loopholes

[25:43] with the federal government able being able

[25:45] to use data brokers when that, you know,

[25:49] what's the progress on that bill?

[25:50] We really have no insights on on that state legislation.

[25:54] This last year we had two bills that were introduced.

[25:57] Senate Bill 70

[25:59] and Senate bill 71, 1 was withdrawn, one died in committee.

[26:05] Yeah, I think they were somewhat similar to bills

[26:07] that we've seen in other states,

[26:08] but the politics just weren't there for the bills that go

[26:12] through the process this year.

[26:14] And recognizing that states that have adopted

[26:17] automatic license plate reader regulations includes, I think

[26:21] that's 17 different states.

[26:23] You can see that list. Oftentimes

[26:26] that state legislation will have a limit on who,

[26:28] how the local government can share that data

[26:31] and also it'll have timeframes on how long

[26:35] that data can be retained.

[26:37] And so that seems to be the focus of a lot of

[26:40] that state level legislation.

[26:43] Our flock safety contract is the permitted purposes are

[26:47] lawful criminal investigations.

[26:48] That's the only permitted purpose for us using it.

[26:51] The agency data is owned by the agency,

[26:55] which is the Town of Avon.

[26:56] Avon has the right to cancel the contract

[26:58] with 30 days notice.

[27:00] Flock is allowed to create aggregated, anonymized data

[27:05] for internal use but cannot sell that aggregated data.

[27:09] In our research, there's no known data breaches

[27:14] or cloud hacks for flock safety.

[27:19] We do have a our ability to audit, which means we're able

[27:22] to go on and see the logs for everyone that's accessing the

[27:29] avon's information or data.

[27:31] And I, that's really small, I blew that up a little bit

[27:34] to show columns of ID means that's an actual case.

[27:37] It's not just, you know, I want a spy on my buddy.

[27:41] There's a name of which officer was doing the search

[27:44] and then there's a reason for the search

[27:50] and that's just very quick brief background that I wanted

[27:53] to give on this topic before we get

[27:55] into comments and questions.

[27:57] - Great, thank you Eric. Questions for Eric or Greg?

[28:03] None at this time. Great. Okay, let's hear it in the public.

[28:07] Before we do, I did write a little speech.

[28:09] Thank you Tim Chicken Man for summarizing it for me,

[28:13] but since I wrote it, I'll also say it,

[28:15] the council is enthusiastic about hearing from

[28:18] the public in this venue.

[28:19] Our public meeting in the town hall,

[28:21] which I remind everyone is a form of decorum

[28:24] where the serious business

[28:26] of our municipal democracy is conducted on a regular basis

[28:30] on myriad important topics, including this one.

[28:33] We have already received some productive feedback

[28:36] and input from the public.

[28:37] However, this flock camera topic in general has spurred an

[28:42] inordinate amount of truly outrageously inappropriate

[28:46] language used in email

[28:48] and online

[28:53] So much as all of our words

[28:56] and images are being recorded at this time, at this meeting,

[28:59] it's being live streamed

[29:01] and broadcast on TV into people's homes throughout our town,

[29:04] our valley, and beyond.

[29:06] I will state emphatically that curse words name calling

[29:10] and ad hominem attacks are not to be used here.

[29:14] Your constructive feedback, feedback, respective exercise

[29:18] of your first amendment right

[29:19] to free speech is welcome here.

[29:21] As always, please limit your input to three minutes

[29:24] and additional one minute can be granted in the council

[29:26] council's discretion.

[29:28] We will start in the room.

[29:29] Please come to the podium, turn on the microphone,

[29:32] tell us your name and spell your last name.

[29:34] Tell us the neighborhood where you live

[29:36] and please, that's enough. Okay,

[29:41] - So that's it.

[29:42] So let's start in the room. Maria.

[29:49] Hello, my name is Maria DeSimone.

[29:50] Most of the council knows me. I live up in Wildwood area.

[29:55] Good evening mayor and council members.

[29:57] Thank you for the opportunity to speak tonight.

[30:00] My name is Maria. I'm here on behalf

[30:02] of more than 466 people

[30:05] who have signed a petition asking the Town of Avon

[30:08] to remove the automated license plate readers.

[30:11] This is the petition signatures.

[30:13] If you'd like to see it from our community.

[30:16] We wanna save community.

[30:17] The question is whether or not public safety matters.

[30:21] It absolutely does.

[30:23] The question is whether continuously tracking

[30:25] and storing the movements

[30:26] of law abiding people is the right way to achieve it.

[30:29] These cameras don't just identify vehicles connected crimes.

[30:33] They create a searchable record of

[30:36] where ordinary people live, work, worship,

[30:39] receive medical care, and spend time with their friends

[30:42] and family all without being suspected of a crime.

[30:47] Privacy isn't about having something to hide,

[30:50] it's about preserving our freedom.

[30:52] We protect our homes, our passwords,

[30:55] our personal information

[30:57] because privacy is a fundamental, fundamental, fundamental

[31:02] American value across the country.

[31:04] There has been documented cases

[31:06] of law enforcement officers misusing license plate reader

[31:10] databases for personal reasons.

[31:13] Please don't take my word for it.

[31:15] Visit flock.com and do your own research.

[31:17] Looks like most of you already have. I'm grateful for that.

[31:22] We'll find this debate is happening across America,

[31:24] not just across Amer here in Avon, but across America.

[31:28] One of the greatest concerns isn't just

[31:30] how these cameras are used today, it's

[31:33] how they can be used tomorrow.

[31:35] Policy changes, administrative changes.

[31:39] Once the surveillance infrastructure is in place expanding

[31:42] it becomes much easier than removing it.

[31:45] There's also no peer reviewed evidence

[31:47] that automatic license plate reader cameras reduce traffic

[31:52] accidents or make our road safer.

[31:55] They may in assist in investigations

[31:58] that is very different from proving they can

[32:01] improve public safety.

[32:03] Tonight I ask you to do more than end avon's contract

[32:06] with flock safety.

[32:08] I ask you to reject the continued use

[32:11] of all automated license plate reader cameras.

[32:15] Replacing flock

[32:16] with another company does not solve the problem.

[32:19] The issue is not the vendor.

[32:20] It's continuous collection

[32:22] and storage of local data on people

[32:25] who are not suspected of any crime.

[32:28] Before I close, I'd like to make one more final statement.

[32:31] More than 466 people have signed this petition

[32:35] and the number is growing every day.

[32:38] If this council does not act, we will return not with anger,

[32:42] but with more residents asking to be heard.

[32:45] We believe this issue deserves your full attention tonight.

[32:49] I respectfully ask you to choose the privacy

[32:51] of your citizens owe the convenience of surveillance

[32:54] and remove all automated license plate reader cameras from

[32:58] the Town of Avon.

[33:00] It's the right thing to do.

[33:01] I'd like to just say one quick thing. Sure.

[33:04] And then I'm done with reference to the documents,

[33:08] the legal documents.

[33:10] I think it's wonderful that that's all in there,

[33:13] but at a time when the public has zero trust in authority

[33:17] figures, I think it's a lot to ask

[33:19] that they just simply accept it

[33:21] because there's small print in these contracts.

[33:24] That's all I have to say. Thank you for your time.

[33:27] Thanks Maria.

[33:33] Hi.

[33:34] - Hi. Sorry I've never done this before.

[33:38] Nicholas Shirley, S-H-I-R-L-E-Y.

[33:41] At base camp on Highway six Avon.

[33:45] A lot of us have expressed their concerns over the flock

[33:48] cameras, but you need to understand exactly

[33:50] what these cameras are and why they worry us.

[33:53] These aren't just security cameras that are only viewed

[33:55] after a crime has been committed.

[33:58] This is an AI database being fed information

[34:00] by an estimated 80

[34:02] to a hundred thousand cameras across the United States

[34:05] that record every single license plate

[34:07] and every single person who walked by.

[34:10] This is a database that allows you

[34:11] to search specific information rather than

[34:14] just watching security footage.

[34:16] It lets you search things like give me the names of address

[34:19] and addresses of everyone who attended this protest

[34:23] or give me the last known location

[34:26] of this illegal immigrant.

[34:27] Or if you're on the other side of the aisle,

[34:28] give me the information of anyone who visited the gun store

[34:32] or gun range in gypsum.

[34:34] I know this sounds farfetched,

[34:35] but these are the kinds of searches

[34:37] that are already happening.

[34:38] According to the ACL U, there are 18 documented cases

[34:41] of police officers using Flocked personally stalked their

[34:44] ex-wives or girlfriends.

[34:46] In May, 2025, a deputy from Johnson County Texas used flock

[34:50] to search nationwide

[34:52] for a woman they suspected got an abortion.

[34:55] This includes states where abortion is still legal

[34:58] and that the deputy should not have had access to.

[35:02] In fact, they interviewed some of the departments

[35:04] where they searched and they said

[35:06] that they had turned off the ability for out

[35:09] of state departments to search them.

[35:13] An article I read yesterday gave details

[35:15] of a flock executive watching the security footage

[35:19] of a children's gymnastics class in Dunwoody, Georgia.

[35:23] The town of Evanston, Illinois voted

[35:25] to remove their flock cameras a month later flock

[35:29] reinstalled them without permission

[35:31] and the town had to issue a cease

[35:32] and desist order to to the company.

[35:35] You say that facial recognition isn't enabled for Avon,

[35:38] but that doesn't mean flock hasn't enabled it on their side

[35:41] of for their ai AI system.

[35:44] You say that you're not working with ice,

[35:45] but can you say without a doubt

[35:47] that some out-of-state agency isn't able

[35:49] to access the cameras like the Texas deputy did.

[35:53] Flock is a corporation valued at $8.4 billion.

[35:57] You don't become that large just by selling security cameras

[36:00] to small towns and cities.

[36:01] You become that large by selling businesses access to its AI

[36:06] database and the millions

[36:07] of people it has built profiles on.

[36:10] Ultimately the decision us up to the Town Council,

[36:12] but I would urge for you to ask the council members

[36:15] of Fort Collins, Denver,

[36:16] and Aspen, why they decided

[36:18] to council their flock on tracks.

[36:20] Thank you.

[36:22] - You Nicholas, who's next?

[36:33] - Just quick question.

[36:34] I don't actually live in the city of Avon. That's

[36:37] - We we're happy to - Hear from you.

[36:38] Thank you so much. Thanks. Yeah, I, sorry,

[36:41] my name's Logan Daniels.

[36:42] I'm 17 years old and I live in Riverwalk.

[36:47] And before I say anything else,

[36:49] I just wanna say the F information I found online was

[36:52] through reputable articles and from reputable companies

[36:54] and people such as the Yahoo News

[36:55] Organization, nine News and others.

[36:58] The first case I wanna mention is about the Flock

[37:00] corporation's vice president on September 30th, 2025 viewing

[37:04] through the windows and walls of the Jewish

[37:05] Community Center of Dunwoody, Georgia.

[37:07] The camera labeled gymnastics.

[37:09] They were not supposed to access this

[37:11] and it was viewed anyways.

[37:12] There was no emergency, there was no cause

[37:14] and the only co, the only reason they gave was marketing.

[37:17] Might I add that this was not an adult's gymnastics center,

[37:20] but a children's gymnastics center.

[37:22] Take from that what you will.

[37:23] It is disgusting that a breach of privacy like

[37:25] that was accepted and we should be horrified

[37:27] to support a company like that with our local tax dollars.

[37:31] The second thing I would like to mention is

[37:33] that Townsend Counties and more are starting

[37:34] to refuse flock's business.

[37:36] Denver recently took down every single

[37:38] camera across the city.

[37:40] They did this because all of the cameras were linked

[37:42] to a federal database used to track immigrants.

[37:45] The Town of Avon I know would report ice

[37:47] activity and they did.

[37:50] Why are we giving ice data to track down the people

[37:53] who work harder than many of us in our local community?

[37:55] A community that has held protests

[37:57] demanding ice be abolished.

[37:59] This is a joke and I personally won't stand for it.

[38:03] The third thing I wanna mention is that

[38:04] so far across the country

[38:06] and in the short time flock has been an active

[38:08] and com commonplace company

[38:10] 19 officers at the least have been terminated

[38:13] for misusing flock for

[38:14] by stalking women exes and other reasons.

[38:17] I want to congratulate those departments

[38:19] for taking appropriate action In regard to this,

[38:21] however, this is a misuse in its unacceptable

[38:24] that such power be given to officers of the law in general,

[38:27] the idea that a wayward officer, which I hope that the Town

[38:30] of Avon has none

[38:32] of could violate a citizen's privacy without a warrant

[38:35] or consent, is, in my opinion, unacceptable.

[38:37] And we need to take measures as a community to oppose this

[38:40] because there are bad eggs in all aspects of society.

[38:44] I want to implore the city council, the Town of Avon

[38:46] and its citizens' interest to

[38:49] not not replace the taken down cameras,

[38:51] but to remove the rest and stop the search of the heroes

[38:54] who took them in the first place.

[38:56] We are not members of a flock.

[38:57] We are people who have ordained rights enshrined in our

[39:00] constitution, one of which is liberty.

[39:02] Another of which requires the law to provide a warrant,

[39:05] remove these cameras, the constitution of,

[39:07] and the people of the town and country demand

[39:09] it. Thank you very much.

[39:11] - Thank you Logan. Okay, who's next in the room?

[39:22] - Hello, I'm Daniel Newhouse, N-E-U-H-A-U-S from Wildridge.

[39:27] I adamantly oppose use of flock cameras.

[39:30] I believe they should be

[39:31] unconstitutional under the Fourth Amendment.

[39:34] I believe our law enforcement is perfectly capable of

[39:38] enforcing order without this invasion to our privacy.

[39:40] Thank you.

[39:45] - Others in the room? More comments in the room Chi

[39:56] - Still, Tim.

[39:58] So back in December there was some death threats against me.

[40:00] A guy supposedly was driving down from Steamboat

[40:02] Springs to kill me.

[40:04] I gave him the address of Vail Police Department.

[40:06] So I was okay.

[40:08] I, but I had officers in my house for about two

[40:10] and a half hours and the reason that I was able to

[40:15] get some Sandy out of it was that they knew without a doubt

[40:18] that he was still in Steamboat because of the flock cameras.

[40:22] So personal experience, they did help me.

[40:24] I still think they're not a good idea.

[40:26] I really think that it's an invasion privacy

[40:29] and I mean I, I trust our police department.

[40:32] I trust, I know a lot of the officers, they're awesome.

[40:34] I don't think they would use it in a bad and malicious way,

[40:37] but there's easy ways to hack stuff.

[40:39] You know, there's smart people out

[40:40] there that know how computers work.

[40:42] I'm not one of 'em, but thank you.

[40:46] - More common in the room. Okay, let's go online.

[40:50] Has anybody raised their hand

[40:51] or press stern on if you're on your phone,

[40:58] Madam Mayor, first up we have Brian Urban.

[41:03] Okay, Brian, you're being promoted. Can you hear us

[41:12] - Hear it?

[41:13] - Yes, we can go ahead. My name's

[41:15] - Brian, president.

[41:19] I have a question for the Town Council on 50 State Plan on

[41:24] is the slot use continues with, they plan on

[41:27] preventing things like Signal Trace where they can collect,

[41:31] has leak or data people in those license plates.

[41:37] And that was mostly good. Thank you.

[41:38] - Thank you. Brian, other

[41:43] online comment please?

[41:49] Seeing none. None. Okay.

[41:52] All right, well, anybody else in the room?

[41:58] No. Okay, great.

[42:01] Chief, can you answer the, that last question

[42:05] that's on our mind about Sig Signal Trace?

[42:07] Do you understand what that aspect of software might be

[42:10] and do we use that

[42:11] or is there any plan to, or do you know what that is?

[42:16] - Good evening, Madam Mayor.

[42:17] Members of council, actually I had a conversation earlier on

[42:21] about there is, you know, some information on the internet

[42:25] that flock cameras can sort

[42:30] of get Bluetooth signals of cars coming by.

[42:34] My information is, that is not correct.

[42:36] There is some mention of other products that are out there

[42:40] that potentially have been co-located with black cameras

[42:44] by municipalities, but we do not do that

[42:46] and our cameras do not do that.

[42:50] - Okay, thank you. Were there more questions

[42:53] that we should refer to chief about?

[42:58] No. Okay. Okay. Well great.

[43:06] Counselors, do we want some discussion?

[43:09] Do we want to think about

[43:12] what we've learned thus far on email

[43:15] and productively here tonight?

[43:17] Thank you all for making it very productive,

[43:18] more productive than what we've seen on our

[43:20] emails, that's for sure.

[43:22] So thank you. We have, we have re received some legitimate

[43:26] email, but a much illegitimate

[43:31] bad language email.

[43:35] Anything more discussion tonight? Ruthie,

[43:38] - First of all, I just wanna thank

[43:39] everyone that came tonight.

[43:42] I know that we started this in March of 2023

[43:47] and 2025.

[43:50] What disappoints me the most is

[43:53] that it took some vandalizing, some damaging

[43:56] and stealing town property.

[43:58] Property that was paid for by our taxpayers for this issue

[44:02] to suddenly become con controversial.

[44:05] A decision wasn't questioned back when

[44:07] we were having our meetings.

[44:08] We have three meetings before we make decisions

[44:12] and now we're being criticized for

[44:15] what we've decided without any input from the public.

[44:23] Also, what troubles me is seeing that people excuse, justify

[44:28] or even applaud the blatant vandalism,

[44:32] it's incomprehensible to me.

[44:35] Whether you support the flock cameras

[44:36] or oppose them, destroying taxpayer funded public property

[44:40] is never an appropriate way to make a point.

[44:43] I do love this community.

[44:45] I wouldn't be sitting here if I didn't.

[44:46] I cared deeply about Amon

[44:48] and about making thoughtful decisions

[44:50] that are in the best interest of our residents.

[44:53] I appreciate everyone that's here tonight.

[44:55] We've heard you, everyone that's written in, I

[45:01] had, I don't even know what to say for some of the comments

[45:04] that were on the social media on Facebook, immature,

[45:09] I could, I have a list, but I'm not gonna go through that.

[45:13] So that's really all I have to say

[45:14] and thank you for being here. Thank you Ruthie.

[45:17] - Tamara, may I go next? Of course, Chico.

[45:19] So my, my pragmatic approach to it, when, when all this came

[45:25] to fruition was that we, we had a problem

[45:30] and we were trying to find a solution to that problem.

[45:33] People speeding through our town

[45:35] and it was a da very dangerous environment without a place

[45:38] for police to sit actually on that street

[45:41] and control the speed levels through there.

[45:43] This was our, our main approach and,

[45:46] and if I read it correctly in in tonight's packet,

[45:51] I think that's been addressed.

[45:52] Corrected those speed limits by by 95%.

[45:56] It's controlled what was going on.

[45:58] It was a little bit of a race track down through there

[46:00] by Burger King, by the western riverfront

[46:03] and that's what we were trying to correct.

[46:07] I'm guilty of it. I paid my fines

[46:10] and I've chosen to slow down.

[46:12] You learn your lesson, you pay the price

[46:15] and you figure it out.

[46:17] I am not one for Big Brother, I don't want people

[46:21] investigating me, my family, anything about me.

[46:24] I don't want any of that.

[46:26] But sometimes it's the price we pay for public safety

[46:31] and I'm not sure if there's an alternative.

[46:34] I'd love to approach that.

[46:36] I'm sorry that like everybody potentially in this room is

[46:40] offended by these flock cameras,

[46:41] but I'm a solution based person.

[46:44] When there's a problem I wanna address it and correct it.

[46:49] I personally almost run somebody over in that section

[46:53] going like 30, 35 miles an hour

[46:55] and you just can't go that fast there without, I mean

[46:59] that was before the traffic lights and the crossing lights.

[47:04] So I, I just feel as though it's a

[47:05] very dangerous section of town.

[47:07] We have had a homicide on highway six that could have been

[47:11] potentially solved if we had these cameras installed.

[47:15] If there's a lot of different things.

[47:18] And another thing I feel like we live in a very

[47:23] safe environment here in Avon.

[47:25] We live in a bubble, but the bad guys often come here

[47:29] and they all often get off the exit.

[47:32] We've seen that up at Creamery Ranch up in Homestead.

[47:35] Bad guys got off the exit homicide there as well.

[47:39] Potentially with cameras that could have sent a signal.

[47:43] I'm not really sure what the outcome could have been,

[47:46] but if there's something to protect my family

[47:49] and our visitors, we need to do something

[47:52] and it needs to be an intelligent, pragmatic approach

[47:56] and hostilities towards it.

[48:00] I guess it will happen in society,

[48:02] but I don't think that's an answer

[48:04] and I think it just needs to be a discussion like

[48:07] how you weigh things out, whether you don't want

[48:11] your information potentially like conspiracy theory wise,

[48:16] like how deep they can go with our license plates,

[48:19] but I'm not sure what that is but,

[48:23] but the outcomes, slower traffic, safer for our community,

[48:28] keeping the bad guys out and I like those three things.

[48:31] So that's my view on it and that's why I voted for it.

[48:35] And when people approach me at the gas station,

[48:38] the grocery store, that's the same

[48:40] exact thing that I tell 'em.

[48:41] I look 'em in the eye and say, hey,

[48:44] it's what we needed to do.

[48:45] And it's working 95% slower. Sorry guys.

[48:52] - Okay, thank you. Anything else for chief

[48:54] or Eric or statements?

[48:56] Okay, so Rich.

[48:59] - Yeah, I'll just do something real.

[49:00] Sure I'm gonna, can I echo what's been said

[49:02] by some of the other folks up here?

[49:04] First off, I wanna thank everyone for sending the emails

[49:07] no matter what they said, especially I wanna thank y'all

[49:09] for showing up tonight.

[49:10] I appreciate those comments. It takes a lot

[49:12] of outta your day to come here.

[49:15] A couple things we've heard

[49:16] and seen in the emails, oh by the way,

[49:18] I paid no attention whatsoever

[49:19] to social media, but that's me.

[49:22] We've heard a lot about how safe our place Avon is to live

[49:27] and that's because the amazing job our

[49:28] police department does.

[49:31] There are big city things that happen in here, yet Chief

[49:34] and all of his, everyone that works for him make this a,

[49:38] a wonderful place to be.

[49:39] So chief, thanks to you and your staff for doing that.

[49:43] Thanks to the public comments and we'll go from there.

[49:48] - I think we will, this has given us all a lot

[49:50] to think about and we will take it in

[49:53] and consider the same

[49:56] and then decide on the next steps. Sound good?

[49:59] - And should we clarify the difference

[50:01] between speed cameras and flock cameras?

[50:03] - Sure. Chief, would you give us a,

[50:05] explain the difference certainly in the packet

[50:09] actually in the packet, maybe we can refer Miguel to the,

[50:13] the cameras.

[50:17] The memo had a good distillation of the different cameras,

[50:21] but maybe just the difference between

[50:24] the license plate reading flock cameras

[50:26] and the speed cameras

[50:27] that Chico was especially referring to. Right.

[50:30] - So I suppose in summary, the

[50:33] license plate reading cameras are

[50:36] positioned at all our entrances into Avon.

[50:39] So there are two on each of the

[50:44] I 70 exits into Avon.

[50:45] And then there are another six, sorry,

[50:50] two on the 1 6 7 2 on the 1 6 8

[50:54] and then another four on the highway

[50:56] six entrances into Avon.

[50:58] And as sort of previously mentioned that the purpose of

[51:01] that was to basically have what I would nearly describe

[51:05] as a home alarm system that's letting you know

[51:08] that are there are incoming people

[51:10] that are potentially trying to do bad things in Avon.

[51:13] That was why they were proposed so that we would be aware

[51:16] of stolen vehicles, stolen plates warrants.

[51:20] The other aspect of that is, as stated,

[51:23] if there's an Amber alert for a missing child,

[51:25] a server alert for a missing senior,

[51:27] missing indigenous individual that

[51:30] is now a new alert on the system.

[51:33] Our officers, we get that alert on their computers

[51:36] and Theron Gore looking for that vehicle.

[51:38] And in 25, unfortunately

[51:41] after the tragic death of Jack Istic,

[51:44] which is unfortunately still an unsolved vehicle

[51:47] or homicide, I asked to put on

[51:51] an extra four on Highway six two at the post roundabout

[51:54] and two at the Avon roundabout so that we could,

[51:57] if any crimes occurred in that section, and particularly

[52:01] after spending four and a half million dollars on traffic

[52:04] upgrades and pedestrian safety upgrades in that area,

[52:07] if we had had license plate readers

[52:10] after his debt, I believe

[52:12] we would've solved it very quickly.

[52:15] So what that license plate reader does,

[52:17] it takes a photograph of the back of the vehicle,

[52:20] not the front, it's the back

[52:21] of the vehicle takes a photograph that point in time

[52:24] of the license plate

[52:26] and the ve the rear of the vehicle itself.

[52:29] And those plates are kept for 30 days

[52:32] and then they disappear off the system.

[52:34] If we have a reason to investigate a crime

[52:38] where we're looking for a particular license plate are in

[52:41] some cases a description of a vehicle that was involved.

[52:44] The witness says that it was a white truck with a, you know,

[52:48] a, a ladder rack or something like that.

[52:51] Our officers or detectives can go through that

[52:53] and look for similar descriptions

[52:55] of vehicles in that point in time.

[52:57] That's LPR license plate reading cameras in relation

[53:02] to the speed cameras, which as town manager

[53:06] how described, we went through a process, actually,

[53:11] if you don't mind me saying Councillor

[53:14] Tuan back in 2023 when this whole discussion

[53:18] of license plate readers,

[53:19] you brought up the issue about Li speed cameras at the time

[53:23] and our Dan attorney said they were,

[53:25] they were not legal in the state of Colorado.

[53:27] Since then, the state

[53:29] of Colorado has passed legislation under the AVA statute

[53:32] to allow them, and as you mentioned,

[53:36] and other counselors have mentioned the fact

[53:39] that Avon Road is very fast, a lot

[53:41] of speeding, a lot of concerns.

[53:43] We had accidents and a lot

[53:44] of near misses across our pedestrian crosswalks.

[53:47] That was the reason why we did a speed study.

[53:50] And we did that speed study at the end of July, beginning

[53:52] of August, 2025.

[53:54] Added that speed study.

[53:55] We did a speed study on Avon Road, on Highway six

[53:59] on Westfield Creek and on Nottingham Road.

[54:01] And we got the statistics back from all of those areas.

[54:05] And those areas were generated based on traffic citations,

[54:09] traffic warnings, traffic accidents,

[54:13] and also community inputs of multiple complaints on all

[54:18] of those areas for ongoing concerns that somebody is going

[54:21] to get hit in those areas.

[54:23] After those speed studies were done, there was approximately

[54:26] 1700 vehicles per day, exceeding 10 miles per hour

[54:31] or plus in those particular areas.

[54:34] We, we presented the council council had a very

[54:37] comprehensive and robust conversation about the whole idea

[54:41] and then about the areas

[54:43] that potentially we would put those cameras in first.

[54:46] And we put those cameras in mid-November.

[54:51] We were, we were required by law to do a 30 day

[54:54] warning period, which we did.

[54:56] And then mid-December we started issuing tickets.

[55:01] Those tickets, the way our ordinance was written was

[55:04] based on 11 miles per hour over not 10 miles per hour over

[55:07] 11 because of the way where our ordinance was written.

[55:11] And we have seen a dramatic decrease in the number

[55:14] of violations per day.

[55:17] I said at one point in time was averaging about 55,

[55:21] it might be 60, it might be 65,

[55:22] but in general in that general number of violations per day.

[55:28] So obviously going from 1700 down to 60 has been

[55:33] a substantial decrease in speeding.

[55:36] We, one of my code enforcement officers were out

[55:40] just in the last week as part of the investigation

[55:42] of the vandalism was talking to two permanent residents in

[55:47] that general area and made comments that, hey,

[55:50] we're really appreciate the fact

[55:52] that we have speed cameras there

[55:53] because in the past they were afraid to go out walking

[55:56] or crossing the street on that general facility

[55:58] because of speeding.

[56:00] And they have noticed a, a great reduction in speeding

[56:05] and listen, at the end

[56:06] of the day, that's what we're looking for.

[56:07] You guys specifically said, we're not trying

[56:10] to get revenue off this, we're trying to look

[56:12] for behavioral change.

[56:14] And I mean, to be honest, I'm, I'm, you know,

[56:17] the company Dcra that we do it,

[56:19] they really haven't seen the success

[56:21] in any other jurisdiction.

[56:22] We are a bit of an, an anomaly.

[56:25] We're trying to figure out why we've been this

[56:27] successful in, in Avon.

[56:29] I mean, part of the law requires two warning signs

[56:32] before each of the cameras, but

[56:34] because we have West Benchmark in East Benchmark coming out

[56:37] to Avon Road, we had

[56:39] to put warning signs back there as well.

[56:41] So there's actually six warning signs

[56:43] approaching that southbound camera.

[56:45] So I mean, I I threw that out.

[56:46] Is it, is it because we've maybe overs signed,

[56:49] we've got speed cameras in in town.

[56:51] I, I can't give you a definitive answer other than they're

[56:54] the statistics that we've been dealing with.

[56:56] So that's just speed cameras.

[56:58] Again, those cameras don't activate

[57:02] and take a photograph

[57:04] until it's 11 miles per hour over the speed limit.

[57:07] So it again takes a photograph of the rear of the vehicle,

[57:10] it takes the picture

[57:12] of the license plate

[57:13] specifically in the rear of the vehicle.

[57:15] And the process is then the, the

[57:18] vendor DCRA's AI then does a sort of a, a determination of

[57:23] what the digits and numbers are.

[57:25] They have a human that verifies that information in Illinois

[57:30] and then we are required

[57:31] to do a second human verification at the police department.

[57:35] So our officers and code enforcement officers get a,

[57:38] you know, get log on every day

[57:39] and they may have 60 70

[57:41] of these plates and Theron Gore through.

[57:43] And this is the, the third verification ai.

[57:46] But we know AI can make mistakes, humans can make mistakes.

[57:49] We have a human verification

[57:51] and we have a second human verification.

[57:53] And for the most part we don't generally make mistakes,

[57:57] but occasionally we do when a, a person, a,

[58:00] a a driver highlights that to us,

[58:03] we avoid the tip simple as that.

[58:06] And then, so that's the main cameras, the, the difference

[58:09] between those two, two top cameras. Great.

[58:11] - Thank you Chief. Appreciate that.

[58:13] Okay, I think that's it for this evening.

[58:15] Thank you again everyone for coming.

[58:17] We will take what you said and consider it. Absolutely.

[58:21] Thank you. And we will move on to item 6.2,

[58:24] which is a presentation by town clerk Miguel Regi Kaba

[58:29] concerning council candidate petitions

[58:32] and general election updates.

[58:35] - Good evening, Matt Mayor, members of council

[58:38] before you tonight I will be presenting a general election

[58:40] update as we approach the midterm elections.

[58:43] It's been a passionate topic in the news.

[58:45] And jumping ahead, we will have the possibility,

[58:48] which you approved earlier in the evening

[58:51] through the action items of the consent agenda

[58:53] of signing the intergovernmental agreement

[58:56] for the November 3rd election.

[58:59] With that, I will say that our election will be,

[59:02] as I stated, November 3rd, 2026.

[59:05] This as in the last two years, it will be a general election

[59:09] that's administered by our partner.

[59:12] Now Becky, close, the Eagle County Clerk and Recorder.

[59:15] It is a coordinated election that is a mail ballot election.

[59:21] While there are many discussions in the news lately at a

[59:24] federal level as to how mail ballot elections

[59:29] will transpire and how ballots will be counted.

[59:32] For now, there has been no change in legislation approved by

[59:37] Congress or locally in the state of Colorado

[59:40] or at a county or municipal level.

[59:42] So the rules that apply are still the same.

[59:45] The IGA participation is through this IGA that you approved.

[59:49] It is due August 25.

[59:51] So we are well ahead of schedule for you

[59:53] to have designated me the designated election official

[59:57] for the Town of Avon

[59:58] and decide that sign that IGA on your behalf.

[1:00:02] There is now a new voter service

[1:00:05] and polling center, which we recently heard from, heard of

[1:00:10] through our county clerk, Becky Close, who came

[1:00:14] and explained what this new voting center looks like

[1:00:19] and where it is located next to Freedom Park and Edwards.

[1:00:23] We did used to have a Eagle County annex building

[1:00:28] adjacent to Bob's place, which has since closed.

[1:00:31] And while that annex building was next door,

[1:00:36] we would typically host in these council chambers in the

[1:00:40] week leading up to the elections,

[1:00:44] a voting center here locally.

[1:00:47] As of last year, I implemented in partnership

[1:00:49] with our county partners, a mail ballot box,

[1:00:53] a 24 hour hour ballot box that's located

[1:00:56] outside our building to the left of the main entrance

[1:01:00] that does have illumination 24 7, as well as a camera

[1:01:04] that is monitored by the IT

[1:01:07] and election officials for our county partners.

[1:01:10] So if you would like

[1:01:12] to visit your Eagle County voter service

[1:01:15] and polling center, it is located at the Eagle County

[1:01:18] Commons Building at four 10 Miller Ranch Road in Edwards.

[1:01:24] As you travel across from Battle Mountain High School,

[1:01:26] you'll see the parking lot while you can park for free

[1:01:29] and walk inside.

[1:01:31] If you would like more information related to the Town

[1:01:34] of Avon elections, please go to your Town of Avon website

[1:01:38] by visiting

[1:01:40] www.avon.org/elections.

[1:01:45] If you would like to update your voter registration,

[1:01:49] please do so by visiting the Colorado Secretary

[1:01:53] of State website

[1:01:54] for voter registration@coloradosos.gov.

[1:02:00] Now as we approach the election, it is a most important time

[1:02:05] for civil participation in this municipal process

[1:02:10] that gets the public to sit in the diocese face.

[1:02:13] Now, nomination packets have been prepared by yours truly,

[1:02:18] and are available for the public.

[1:02:20] All I ask is that you come meet, meet with me,

[1:02:23] and that we set aside 30 minutes to go

[1:02:26] through this packet of forms.

[1:02:29] While it may be new for some,

[1:02:31] it is not a complicated process

[1:02:33] and it is the best way to get involved locally.

[1:02:37] Typically, those nomination packets by statute have

[1:02:41] to be ready, no er, no later than August 5th

[1:02:45] and have to be submitted by August 25th.

[1:02:49] This being Avon and us having the best leaders in the

[1:02:52] valley, we did prepare,

[1:02:53] prepare those nomination packets early.

[1:02:57] And if anybody would like to meet with me watching at home

[1:03:00] through High five Access Media

[1:03:03] or in person in the room,

[1:03:05] I invite you again, come meet with me.

[1:03:08] I will give you this nomination packet

[1:03:10] and make sure that you know how to fill it out timely so

[1:03:13] that you can get your name on the ballot.

[1:03:16] Now on to eligibility requirements, you must be 18 years

[1:03:21] of age to participate and get on that ballot.

[1:03:24] A citizen of the United States, whether born here

[1:03:27] or naturalized, a qualified elector.

[1:03:30] And what that means is that you are registered to vote here

[1:03:34] by having been a town resident for at least one year

[1:03:39] proceeding this election to ensure that you're familiar

[1:03:42] with most issues affecting our local constituents

[1:03:46] and also our guests and residents.

[1:03:49] Dean. There are some campaign finance reporting requirements

[1:03:54] that are regulated by our charter in, sorry, by our yes,

[1:03:58] by our charter in section one point 14.

[1:04:02] Specifically, you would be required to report

[1:04:05] how much money you take in,

[1:04:07] how much goes out and how much you keep.

[1:04:10] It's not a particularly difficult report

[1:04:13] and it does get submitted online through a specific portal

[1:04:17] that we launch every year

[1:04:19] and that becomes part of public information available

[1:04:22] to the public on

[1:04:23] how spending takes place at a municipal election with four

[1:04:28] specific reporting periods that are

[1:04:31] before you on the screen so that if you were

[1:04:34] to announce your candidacy today from now

[1:04:37] until 15 days prior to the election, you would track

[1:04:40] that income and expenses

[1:04:41] and again eight days prior, the Friday before election day

[1:04:45] and then 30 days after the election.

[1:04:48] It tries to capture transparency

[1:04:51] and accountability to our local

[1:04:54] public members of the public.

[1:04:56] Now comes some important dates. It is a busy slide.

[1:05:01] I'll try to move through it quickly

[1:05:03] while highlighting the most important dates that could be

[1:05:06] of interest to the members of the public in person

[1:05:09] and watching us at home.

[1:05:11] First, that July 29th is the election launch officially

[1:05:16] and the availability of the candidate nomination packet.

[1:05:20] Why July 29th?

[1:05:22] Because this evening council designated me this year's

[1:05:26] designated election official

[1:05:27] and authorized me to sign the IGA that will

[1:05:31] make this a mail ballot coordinated election.

[1:05:34] So as of tomorrow, stop by, get that nomination packet.

[1:05:38] August 5th is the first day in which if you

[1:05:43] were to pick up a nomination packet tomorrow

[1:05:46] and get the signatures you need, you can deliver it back

[1:05:49] to me for me to verify signatures for you.

[1:05:53] That window of time in which you can fill out the forms

[1:05:57] and turn them in runs from August five to August 25

[1:06:02] and at on August.

[1:06:03] On August 25 is the date upon which I can, I have

[1:06:08] to have signed this IGA.

[1:06:11] However I plan to sign it this week.

[1:06:15] September 2nd will be the mail ballot order drawing.

[1:06:20] Historically, while I am an enabled by statute

[1:06:24] and by the IGA to draw the order

[1:06:27] through which names will appear on our Avon ballot,

[1:06:31] we have had a very cool tradition in which our municipal

[1:06:37] judge does the drawing on my behalf.

[1:06:40] Judge Buck Allen, who has now served for 48 years

[1:06:43] as our municipal judge will be doing the drawing this year

[1:06:47] again on September 2nd.

[1:06:50] He and I have already had that conversation.

[1:06:53] Then on September four, I would certify the final ballot

[1:06:57] to our county clerk partners by providing them an English

[1:07:01] and Spanish version that is approved

[1:07:04] by a certified translator

[1:07:06] and that contains the order of the people

[1:07:09] that would be appearing on our Avon ballot.

[1:07:13] Then on September 15,

[1:07:15] we would have a candidate information session

[1:07:18] with Eric Heil, our town manager here in the room,

[1:07:22] who would explain generally what the obligations

[1:07:26] and expectations would be moving forward

[1:07:29] to our council candidates that could become elected.

[1:07:33] Again, that would be on September 15, followed

[1:07:36] by on October 2nd, Eagle County mailing.

[1:07:39] Tabor notices Avon will not have a Tabor notice this year.

[1:07:44] October nine, the county will begin mailing ballots.

[1:07:49] October 19, the voter service

[1:07:53] and polling center in Edwards will open November 3rd

[1:07:58] is election day ballots received up

[1:08:02] to 7:00 PM on November 3rd will be counted

[1:08:09] November 25th.

[1:08:10] Well, those received in person of course, so long

[1:08:14] as they're postmarked prior to

[1:08:16] that they will also be counted after the fact.

[1:08:19] November 25 is the final canvas.

[1:08:22] What is this final canvas mean for those back at home

[1:08:27] that may may not be familiar with the term?

[1:08:29] It is a term of art in the elections

[1:08:31] through which our county partners certify the result

[1:08:35] of the count of the vote of the election.

[1:08:39] It is in a form that gets signed by election judges

[1:08:43] and by county staff

[1:08:46] and will provide me with the outcome of the election,

[1:08:49] which I in turn post in our elections website

[1:08:54] for the Avon town clerk.

[1:08:56] That is a certification of the election results

[1:08:59] and it happens 22 days after the election.

[1:09:03] It is a statutory deadline to allow any count of votes

[1:09:08] and if there is a dispute on any signature

[1:09:12] that could be associated in the ballot,

[1:09:14] it would allow our county partners to navigate the process

[1:09:19] of verifying how that signature gets clarified.

[1:09:23] Last but not least,

[1:09:25] we only have one council meeting in December

[1:09:28] on December eight,

[1:09:30] and at that December eight council meeting,

[1:09:33] we would do the swearing in

[1:09:34] of Inco incoming council members, which the members

[1:09:38] of the public would get to see in person

[1:09:40] for the first time on high five access media.

[1:09:43] And in this room with that, I again display

[1:09:46] for you the Eagle County Commons Building Voting Center at

[1:09:50] four 10 Miller Ranch Road in Edwards.

[1:09:52] That will be open from October 27 to November 3rd, 8:00 AM

[1:09:56] to 5:00 PM for in-person voting

[1:09:59] and delivering of your mail ballot.

[1:10:02] That can get dropped off through November 4th.

[1:10:05] Sorry, that is a typo.

[1:10:07] November 3rd, 7:00 AM to 7:00 PM

[1:10:10] and with that I'm available to answer any questions.

[1:10:13] - Thank you so much. Very thorough.

[1:10:15] Thank you Miguel. Questions for Miguel.

[1:10:18] - Rich, Miguel, a couple questions for you. Yes.

[1:10:20] First off, someone wants to run for counsel.

[1:10:22] They pick up a petition, how many signatures do they need

[1:10:25] and help us understand what's a valid signature on

[1:10:27] that Pat petition or did you cover that and I missed it?

[1:10:30] - You I did not cover that specifically

[1:10:32] and I'm ha happy to answer that question.

[1:10:35] Our nomination packet has a form called the Affidavit

[1:10:39] of the Circulator.

[1:10:41] What the circulator does is he fills out

[1:10:44] that they're gonna be getting signatures

[1:10:46] to get somebody on the ballot.

[1:10:48] It can be the candidate themselves

[1:10:50] or somebody else on their behalf.

[1:10:52] And what they do is they fill out this form

[1:10:56] and it has a list where you can identify the name,

[1:10:59] the address, and the signature

[1:11:02] of the person supporting the candidate to get on the ballot.

[1:11:06] Our town code indicates that you need a minimum

[1:11:10] of 10 signatures to get on the ballot.

[1:11:13] It's a pretty low threshold,

[1:11:15] however, my forms specifically as updated every year

[1:11:20] and invite those circulators

[1:11:22] to obtain no less than 20 signatures.

[1:11:25] You may ask yourself why that's important.

[1:11:28] I, after I sign this IGA with the county

[1:11:33] communicate with the Secretary of State to be allowed

[1:11:37] to access a DA a database for the time period

[1:11:41] where I can receive these nomination packet forms.

[1:11:46] That allows me to go online through the tracer app,

[1:11:50] which is the system

[1:11:52] provided by the state to look up every person

[1:11:55] that has signed a nomination petition

[1:11:58] or this circulator affidavit.

[1:12:00] And what I do is I look them up based on their name

[1:12:04] and their address and the best practice for a town clerk is

[1:12:08] to match the name of the person

[1:12:10] and their address in their signature

[1:12:14] with the voting registration for

[1:12:16] that per person on the Colorado SOS website.

[1:12:21] And what I've seen happen year in

[1:12:23] and year out is that sometimes if you catch someone

[1:12:27] outside a grocery store

[1:12:28] or outside the door of their domicile,

[1:12:31] they may do a quick signature

[1:12:33] that maybe isn't exactly similar

[1:12:36] or the same than the one in their voter registration.

[1:12:39] In the last three years, I've also updated those forms

[1:12:41] to invite people to sign in the way that they've signed

[1:12:46] as part of their voter registration to try

[1:12:49] and lessen that situation from happening.

[1:12:51] And while it could happen, if you get the best practice

[1:12:55] of 20 signatures, the likelihood that I'll be able

[1:12:58] to secure 10 is really high.

[1:13:00] And so if for any reason somebody comes in with just 10

[1:13:04] and they lose one, they can still go back out, get

[1:13:08] that extra signature and I'll verify it

[1:13:11] and make sure that they complete their nomination.

[1:13:14] - You answered my second question.

[1:13:15] - I'm glad to hear it. - Some you didn't have enough

[1:13:18] signatures 'cause some were thrown out.

[1:13:19] You have a chance to kinda cure that issue.

[1:13:21] - You do. What I'll give you in the nomination packet is two

[1:13:25] pages with 25 signature blocks available.

[1:13:29] I don't think I've ever seen anybody in the three

[1:13:32] and a half years I've worked

[1:13:33] for the town turn in the two pages.

[1:13:35] Usually it'll be one page, maybe a second page.

[1:13:39] And that allows me to get everybody on the ballot.

[1:13:44] And since I've worked here,

[1:13:45] I've never had anybody be disqualified from being on the

[1:13:48] ballot for lack of signatures.

[1:13:50] - Great, thank you. - Great. More questions for Miguel?

[1:13:56] Exciting times. Let's see.

[1:14:01] Let's see if the public has any input.

[1:14:03] Is there any public input concerning

[1:14:05] the Avon election upcoming?

[1:14:08] Is there anybody online inika with a raised hand

[1:14:11] or press star nine on your phone.

[1:14:13] Seeing no hands Madam Mayor. Okay.

[1:14:15] No public input on this matter and we will move on.

[1:14:18] Is there anything more for Miguel?

[1:14:20] I think we take this under advisement as well

[1:14:22] and that's great.

[1:14:24] I look forward to the next election.

[1:14:29] Thank you Miguel. Okay, now I'm going

[1:14:32] to declare a recess from our regular Avon time council

[1:14:36] meeting to convene as the Avon Urban Renewal Authority.

[1:14:40] The time now is six 14

[1:14:43] and I called to order the Avon of re Urban Renewal Authority

[1:14:47] for Tuesday, July 28th, 2026.

[1:14:51] A roll call please. Miguel.

[1:14:56] - Thank you Madam Mayor. Chico Twan. Here. Rich Carroll?

[1:14:59] Here. Tamra Underwood? Here. Gary Brooks. Here.

[1:15:02] Ruth Stanley. Here. Lindsey Hardy's. Absent. Kevin Hyatt?

[1:15:05] Yes.

[1:15:07] - Thank you. Our first matter is approval of the agenda.

[1:15:10] Are there any changes

[1:15:12] to the Urban Renewal Authority agenda or motion please?

[1:15:16] I move to approve the agenda.

[1:15:20] Thank you Ruthie and Kevin.

[1:15:22] All those in favor please say aye. Aye. Aye. Those opposed?

[1:15:26] Please say nay. Okay, the agenda is approved six to zero.

[1:15:31] Now is the time for public comment

[1:15:32] to the Avon Urban Renewal Authority.

[1:15:35] Comments are to be limited to three minutes

[1:15:37] and additional one minute can be granted

[1:15:38] in the board's discretion.

[1:15:39] Does anybody have anything to provide comments

[1:15:43] to the Urban Renewal Authority?

[1:15:45] Is there anyone online?

[1:15:47] Inika with the raised hand seeing no hands. Okay.

[1:15:51] A few folks online but Alright. Alright.

[1:15:54] Thank you very much. Our first business item is Resolution

[1:15:57] 26 0 1.

[1:15:58] It's an intergovernmental agreement between the Town

[1:16:01] of Avon, Colorado

[1:16:03] and this urban Avon Urban Renewal Authority

[1:16:06] concerning the remittance of tax increment revenue

[1:16:09] until 2033.

[1:16:11] And we have Paul Redmond, RCFO.

[1:16:14] - Alright, thank you Miguel.

[1:16:16] There's a PowerPoint and we could pull up would be,

[1:16:21] - So you just

[1:16:29] go ahead.

[1:16:39] - All right. Good evening, chairwoman

[1:16:41] Underwood and Authority members.

[1:16:43] The reason for this meeting is two separate intergovernment

[1:16:46] agreements concerning the tax revenue increment revenues.

[1:16:53] Both Rev, both intergovernmental agreements will be adopted

[1:16:57] by resolution and are about making some of the future tax EV

[1:17:01] revenues flow appropriate to the

[1:17:05] for the correct public purpose resolution.

[1:17:08] 26.1 is focused on the reimbursement on the town

[1:17:13] to the town for the in investment within the summit Project

[1:17:18] Resolution 26.02 is focused on the overlapping boundaries

[1:17:23] at lot B

[1:17:25] to the coordinate the Avon Renewable Authority,

[1:17:29] the Down Avon Downtown Development Authority

[1:17:31] and Avon Station district revenue streams.

[1:17:36] First up, we have resolution 2026 dash one

[1:17:40] resolution 26 dash one adopts the an intergovernmental

[1:17:44] agreement between the Town of Avon

[1:17:45] and Avon Urban Renewable Authority

[1:17:49] for the Summit Development.

[1:17:51] Under this agreement, the Avon Urban Renewal Authority

[1:17:55] would remit summit generated tax revenues to the Town

[1:17:58] of Avon through December 3rd December of 2033.

[1:18:03] The purpose is to help offset the approximately 10 million

[1:18:07] in the town supported public investment including the

[1:18:10] community space, the adjacent patio, the dedicated parking,

[1:18:15] and the community housing restrictions.

[1:18:17] Did deed restrictions, sorry.

[1:18:23] Does council have any questions in regard to

[1:18:26] resolution 26 dash one?

[1:18:28] I would like to point out this does not create additional

[1:18:31] expenditures for the town.

[1:18:33] It is just offsetting some of the costs

[1:18:37] that are associated with the summit investment.

[1:18:41] - Questions for Paul? - Hmm?

[1:18:45] - No, no questions. Let's see if the public has any comment.

[1:18:51] Would anybody like to speak to us please?

[1:18:53] About the IGA concerning the remittance

[1:18:55] of tax increment financing through 2033 between the URA

[1:19:00] and the town itself.

[1:19:03] Okay. Seeing no one, let's have board discussion

[1:19:06] and deliberation of the resolution or a motion.

[1:19:11] There's one on page 85 or on the screen.

[1:19:17] - I'd like to propose a motion. Thank

[1:19:20] - You Gary. You're welcome.

[1:19:22] - I move to approve resolution 26 dash zero one approving

[1:19:25] the intergovernmental agreement between the Town of Avon

[1:19:29] and the Avon Urban Renewal Authority

[1:19:32] concerning the remittance

[1:19:33] of tax increment revenues from the Summit Development

[1:19:36] through 2033.

[1:19:38] - Second. Thank you Gary and Ruthie.

[1:19:40] All those in favor of the motion please say aye. A Aye. Aye.

[1:19:44] Those opposed, please say nay.

[1:19:46] Hearing none, the motion passes six to zero

[1:19:49] and we are on to resolution 26 0 2, which is item 4.2

[1:19:54] of our Urban Renewal Authority agenda.

[1:19:56] It's the intergovernmental agreement

[1:19:58] concerning tax increment increment

[1:20:01] incremental tax rent concerning incremental tax revenue

[1:20:07] derive through the development of Lot B Avon Town Core,

[1:20:10] which is the Summit Apartments CFO, Paul Redmond

[1:20:15] - And thank you chair.

[1:20:17] Thank you. Chairwoman Underwood.

[1:20:20] Resolution 26 slash two is a separate agreement addressing

[1:20:23] lot B within Avon station.

[1:20:26] Lot B is the only property within the Avon station

[1:20:29] that overlaps both the Avon Urban Renewable Authority

[1:20:33] and the Avon Downtown Development Authority boundary.

[1:20:37] The A, the IGA clarifies how the,

[1:20:41] the tax revenue, the tax increment revenue is allocated,

[1:20:46] retained and distributed to the Urban Renewable Authority

[1:20:50] and the Downtown Development Authority.

[1:20:52] This agreement approves it was approved

[1:20:54] by the Downtown Development Authority in June

[1:20:57] and by the Town Council earlier tonight.

[1:21:00] Ah, did that echoes? Yeah.

[1:21:04] The key benefit of the agreement makes sure

[1:21:06] that the complicated overlapping revenue streams flow

[1:21:10] correctly and legally

[1:21:11] to support the investment in the Summit Project.

[1:21:14] I'm happy to answer any questions that the board may have

[1:21:18] or there is a motion on the screen.

[1:21:22] - Questions for Paul? No questions.

[1:21:25] Thank you for the thorough memos and presentation.

[1:21:27] We'll see if there's any public input,

[1:21:29] which I doubt please approach.

[1:21:33] Okay. Seeing no public input on this matter, we will move on

[1:21:37] to board discussion and deliberation

[1:21:39] concerning resolution 26 0 2.

[1:21:41] Is there any discussion or a motion please?

[1:21:45] - I move to approve resolution 26 dash two,

[1:21:49] the intergovernmental agreement

[1:21:50] concerning incremental tax revenue lot B

[1:21:54] among the Avon Urban Renewal Authority,

[1:21:58] the Avon Downtown Development Authority

[1:22:00] and Avon Station Metropolitan District.

[1:22:03] - Second. - Thank you Ruthie. And Kevin.

[1:22:06] All those in favor of the motion please say aye. Aye. Aye.

[1:22:09] Those opposed? Please say nay.

[1:22:11] Okay, that motion passes six to zero as well. Thank you.

[1:22:13] - Authority members - Next item is approval

[1:22:17] of our minutes from the Urban Renewal Authority meeting

[1:22:20] of December 9th, 2025.

[1:22:22] Do I hear a motion for approval?

[1:22:25] - I move to approve the minutes.

[1:22:26] - Second. Thank you Ruthie and Gary.

[1:22:29] All those in favor please say aye. Aye.

[1:22:31] Those opposed, please say nay.

[1:22:32] That motion passes six to zero as well.

[1:22:35] I adjourn the meeting of the Avon Urban Renewal Authority

[1:22:42] and I reconvene the regular Avon Town Council meeting

[1:22:45] for Tuesday, July 28th, 2026.

[1:22:48] The time now is 6:23 PM And our next item

[1:22:54] is the, is an action item.

[1:22:57] This is a funding request for Hidden Valley Estates.

[1:23:01] We have leading us Community development director,

[1:23:04] Matt Peel sticker.

[1:23:06] - Come see

[1:23:12] - And I see the team of Hidden Valley Estates here as well.

[1:23:15] This will be great. So Matt, you lead us.

[1:23:19] - Thank you Matt and Mayor. This has been a team effort.

[1:23:23] A lot of people in the room town, attorney town manager,

[1:23:27] Jena Skinner, Patty Lehrman, the whole development team

[1:23:31] with their attorney, Bobby Lad architect.

[1:23:35] Who else? Steve McDonald. All sorts of people.

[1:23:38] So thanks for being here. This is the Hidden Valley

[1:23:41] Estates Community housing project funding request

[1:23:45] and AME amendment to the development agreement.

[1:23:50] Just to get everybody oriented,

[1:23:52] I think a couple council members weren't here last time

[1:23:54] we discussed this project.

[1:23:57] The Hidden Valley Estates formerly was called Track Y.

[1:24:01] It's located on Metcalf Road. It's a seven acre parcel.

[1:24:05] It is approved for 53 community housing units.

[1:24:10] The property was rezoned a few years back to allow

[1:24:13] for community housing as a use by right, and,

[1:24:16] and that's what's before you, there are duplexes

[1:24:19] and town homes as part of this project.

[1:24:22] Seeing community housing units, they have

[1:24:24] to be de restricted to locals.

[1:24:26] No short term rental use.

[1:24:28] And there are 18 units permitted.

[1:24:32] When I say permitted, I mean permitted by building permit

[1:24:35] and under construction about half of those are vertical.

[1:24:39] If you go by the site, you can't, you can't miss it.

[1:24:45] This is the property, well now we're turned sideways.

[1:24:48] That's Metcalf Road on the bottom.

[1:24:49] So for right to left,

[1:24:51] that's going up the hill on Metcalf Road.

[1:24:53] And that's the general lot layout.

[1:24:55] Each of those boxes, each of those lots along the road are

[1:25:00] what you're seeing under construction lot.

[1:25:02] A is a triplex lot, B is a triplex and so on so forth.

[1:25:07] As you go around kind of the horseshoe up up the drainage,

[1:25:10] none of that's permitted yet.

[1:25:12] It's being used for staging

[1:25:15] and it it turns from triplexes to duplexes

[1:25:17] as you kind of go around that corner.

[1:25:23] Just a quick timeline, this goes back to 2021, actually just

[1:25:27] before 2021, there was a developer in front of council

[1:25:30] that was looking at a storage project,

[1:25:32] self self-storage project.

[1:25:34] They took an old subdivision plat

[1:25:37] that had some funky notes on it about building envelopes

[1:25:40] and they re platted that lot to,

[1:25:42] to define the buildable area based on objective standards

[1:25:47] topography mostly.

[1:25:49] And so luckily that developer, well that didn't work out.

[1:25:53] And then this development team came along

[1:25:55] and requested a fee waiver

[1:25:57] for a community housing project on this property.

[1:26:00] The actual development plan for the design of the project

[1:26:03] and the subdivision of those lots A, B,

[1:26:06] C were approved in 2023.

[1:26:09] And that is also the time in which the development agreement

[1:26:13] was approved for this project.

[1:26:15] Between 23 and 25 construction started

[1:26:18] with all the utilities

[1:26:19] and then things started to go vertical while we're here.

[1:26:24] One of the things we're here to talk about tonight is the

[1:26:26] initial pledge that the Town Council

[1:26:30] provided for this project, for the development team

[1:26:35] was $600,000 for up to six units, the first six units

[1:26:38] of the project to up to 12%

[1:26:42] of the sales price up to a hundred thousand dollars per unit

[1:26:46] that expired December 31st, 2025 last year

[1:26:52] in which the U, those first six units were

[1:26:54] to be completed and constructed.

[1:26:56] And that's when the obligation for the town

[1:26:59] to provide $600,000 expired.

[1:27:02] So now we're here reviewing a new request,

[1:27:06] which would run through December 31st, 2027.

[1:27:11] I'll just jump right to it.

[1:27:13] So before Town Council is, is

[1:27:15] what we're calling the first amendment

[1:27:17] to the development agreement.

[1:27:19] The request is to increase the initial funding commitment

[1:27:22] from 600,000 to 900,000 like I just mentioned,

[1:27:26] extending the period for the town's obligation instead

[1:27:29] of December last year to December next year

[1:27:32] to complete those units up to nine units.

[1:27:36] There was a clause about water rights which were deleting

[1:27:39] because there is water for the project.

[1:27:42] That's a, that's up been one of the first, whereas clauses

[1:27:45] of the amendment, there were several references to me, casa,

[1:27:50] that was the only program we had at the time, 2021.

[1:27:53] And so with the evolution of de restrictions

[1:27:56] and the different varieties we have, we'd just like

[1:27:58] to remove mikasa

[1:28:00] and defer to the other agreements we have on the shelf.

[1:28:07] And then deleting exhibits B

[1:28:10] and C, which we, those old form de restrictions.

[1:28:15] So before council is, is the funding request,

[1:28:20] does the council support 600, 900 or or another amount?

[1:28:25] The municipal employee homeownership program?

[1:28:27] Me hop, we have had no implied interest

[1:28:31] that I've heard about this year.

[1:28:32] And so the balance of that fund is 625,000.

[1:28:37] We've had a lot more interest in good deeds, good deeds,

[1:28:41] Avon and a, a little bit of mesa.

[1:28:44] You could see the balance on the screen, just over 650,000.

[1:28:48] We have a few transactions that have been sort

[1:28:52] of getting close to com completion

[1:28:55] and we did pause those programs when we knew this request

[1:28:59] was coming to Town Council to give you

[1:29:00] the chance to look at it.

[1:29:02] Those total 300, almost $400,000

[1:29:06] and the balance you could see on the screen.

[1:29:08] So all in all there's about $880,000 of funds

[1:29:13] for all programs.

[1:29:15] And just to put this into context,

[1:29:17] with everything else going on,

[1:29:23] you have at least five options.

[1:29:26] I always seem to miss one,

[1:29:28] but counsel could approve as proposed the 900,000

[1:29:32] for the first nine units leaving approximately

[1:29:35] $377,000 in funds.

[1:29:40] The Town Council could approve the original request,

[1:29:42] which was for $600,000 for the first six units.

[1:29:46] You can approve an alternate amount as you deem appropriate.

[1:29:50] You could continue this discussion

[1:29:52] or you could deny the request for f financial assistance

[1:29:58] Staff recommends that council take action this

[1:30:00] evening for, for a few reasons.

[1:30:03] The, if, if you haven't been out on the site,

[1:30:05] they are marketing the project.

[1:30:07] There is a website that was linked in your packet.

[1:30:10] There's perspective homeowners

[1:30:12] that are waiting to see what happens.

[1:30:14] It's, it's hard to communicate what the

[1:30:17] potential contribution is or is not at this point.

[1:30:19] And so given that some

[1:30:22] of the construction will be completed this fall,

[1:30:24] we do recommend at least discussing this

[1:30:27] and taking action as soon as you can.

[1:30:30] We recommend repurposing the ME hop funds, which again,

[1:30:34] the balance was 625 for this project.

[1:30:38] And then reopen the mikasa good deeds, Avon monies

[1:30:42] until they're, until they're gone.

[1:30:45] And That's it in a nutshell.

[1:30:50] There's a recommended motion.

[1:30:52] We, there's quite a bit

[1:30:54] of information in your packet including

[1:30:55] that entire original deed development agreement is,

[1:30:59] and then the first amendment, there's a couple images

[1:31:02] that the applicant would also like to present to you.

[1:31:04] So I'll pull those up when ready.

[1:31:06] But happy to answer any questions. Okay, great.

[1:31:09] May I ask a quick question? Of course.

[1:31:10] So with that proposal, it would leave

[1:31:13] approximately 700 Gs in the ssa.

[1:31:18] It would keep it alive, keep them.

[1:31:21] We have right now the balance for SSA's 650,000.

[1:31:26] There's pending contracts that would use good deeds

[1:31:29] that we're partnered with that were about 400,000.

[1:31:33] And so if we unpause

[1:31:37] or reopen the remaining funds, there would be, there's

[1:31:41] contracts in the work that would use 400,000

[1:31:44] of that remaining six 50.

[1:31:46] For the 600,000 that Hidden Valley States is requesting.

[1:31:51] What we're suggesting is to repurpose

[1:31:54] the municipal employee housing funds that we had set aside

[1:31:58] to support initially at least 600,000.

[1:32:02] So the bottom line would be 700,000.

[1:32:05] Can you go up ssa, is that correct? Approximately?

[1:32:08] I think 77

[1:32:09] or it would be if you fund, if you find out a me hop.

[1:32:14] Yep. Then we have 625,000 in good deeds. Mikasa?

[1:32:18] Yeah, we have a pending applications for 400,000.

[1:32:22] We, after those pending applications,

[1:32:24] there'd be about 250,000 remaining.

[1:32:28] - For Mikasa, it's

[1:32:29] - From Mikasa, which,

[1:32:30] and that's including the repurpose SMI h No,

[1:32:33] that's not, that would be separate.

[1:32:34] Including that's a separate amount.

[1:32:36] That will be separately. Re

[1:32:38] - Yeah, so that's that 800 number.

[1:32:39] - Oh that's an 800 800 number. Okay. So that explains it.

[1:32:42] So Theron Gore, thank you so much. I appreciate it.

[1:32:44] Thank you you guys. Sorry.

[1:32:46] - That's good. No, that's an important,

[1:32:48] that's an important part.

[1:32:51] There probably are questions should we hear

[1:32:52] from the development team first?

[1:32:54] Can we do that? Sure. And then we'll have questions.

[1:32:56] Yeah, so we have some images.

[1:32:59] Do you guys have a presentation

[1:33:00] or did you just wanna answer questions

[1:33:02] or, I don't know, whatever you planned. Okay, great. Super.

[1:33:06] - This images, thanks. My name's,

[1:33:09] - Can you turn on the microphone? Thank you. Yeah,

[1:33:11] - Perfect.

[1:33:12] Thank you. My name's Bobby Ladd.

[1:33:13] I'm the architect on the project, so I've been involved

[1:33:15] with it from the very beginning back in 2021.

[1:33:19] This is an image I sent Matt earlier to pull up, just

[1:33:21] to kind of give you a, a kind of a, a status of the site

[1:33:25] and how we're moving through the project.

[1:33:26] Right now. The first buildings along Metcalf Road

[1:33:31] or the ones that are under construction, the three in red,

[1:33:34] we started on the one to the left, the first one on the left

[1:33:37] and have moved across the site kind of

[1:33:39] to the south direction wise.

[1:33:41] Those first three in red are scheduled

[1:33:43] to be completed in 2026.

[1:33:45] And there's actually one

[1:33:46] of 'em has a pending contract on it.

[1:33:49] Based on this meeting tonight is,

[1:33:51] is kind of a part of that factor.

[1:33:53] The next three in blue are gonna be completed

[1:33:56] sometime in 2027.

[1:33:57] They're not far behind.

[1:33:59] They actually poured the foundation on the one kind

[1:34:03] of pointing up the page.

[1:34:05] That foundation was just poured week and a half ago.

[1:34:08] So those will be, continue to move forward with framing.

[1:34:11] They're basically going one to one to one

[1:34:13] to one to one and moving across.

[1:34:15] And then the next two in green are being submitted

[1:34:18] for permit this summer.

[1:34:20] So those will be staged up and ready to go.

[1:34:22] Obviously the, the timing of it and,

[1:34:24] and how fast it moves forward from here depends on,

[1:34:28] you know, market analysis, sales interest

[1:34:30] and a lot of other factors.

[1:34:32] But the plan is to continue

[1:34:33] to keep moving our way up the draw as it kind of wraps

[1:34:37] around the corner and gets back into the kind

[1:34:39] of the upper left on the screen there, the units kind

[1:34:42] of vary and get a little bit bigger there.

[1:34:43] So we start now there, they're all basically triplexes

[1:34:48] of townhouses and we think that's one

[1:34:50] of the huge benefits to this project.

[1:34:51] You know, there's a lot of community housing going up in

[1:34:54] Eagle County and a lot of it is apartments, condominiums,

[1:34:57] things that don't give people kind of the feel

[1:35:01] of a single family home.

[1:35:02] With the townhouse and the way that we've kind

[1:35:05] of subdivided it, each unit will be owned

[1:35:09] as well as the ground around it.

[1:35:10] So people will have an enclosed garage,

[1:35:12] they'll have a driveway in front of their house

[1:35:15] with a parking spot that they own and control.

[1:35:17] They'll have a backyard, most of them do except

[1:35:19] for the first building has some floodplain issues

[1:35:21] where we didn't have room,

[1:35:23] but the rest of them all have a backyard.

[1:35:24] So we're trying to provide a product

[1:35:27] that isn't just a house, that's something

[1:35:30] that people can live in, can get outside.

[1:35:32] Matt, if you wouldn't mind flipping to the elevation.

[1:35:36] So this is kind of the look along Metcalf Road

[1:35:40] and you can see we've also incorporated a lot of balconies

[1:35:42] and outdoor spaces for the residents.

[1:35:45] We're trying to make something that feels like a,

[1:35:48] a good high quality single family house.

[1:35:50] We don't want people to feel like they're in an apartment.

[1:35:52] You don't have someone above you, someone below you.

[1:35:55] You kind of control your space.

[1:35:58] And we've had opportunities along the way

[1:36:00] with minor variations

[1:36:02] where there's efficiencies in keeping similarities

[1:36:06] as the buildings replicate across the site.

[1:36:07] But we've also made some minor adjustments

[1:36:10] to maximize views.

[1:36:11] Several of the units get views back towards Batch Gulch

[1:36:15] and the ski mountains that way.

[1:36:16] And we've optimized windows

[1:36:18] and just flipped rooms around slightly

[1:36:20] to just to kind of accommodate that.

[1:36:21] So we're trying to provide customization to maximize

[1:36:26] and give the best unit we can to the end user.

[1:36:28] So we feel like from a a product standpoint, this is unique

[1:36:32] to a lot of what's being built in Eagle County right now

[1:36:35] because we're really trying to cater to the end user

[1:36:37] and trying to make the best product we can within

[1:36:41] the confines of delivering something

[1:36:42] as affordable as possible.

[1:36:44] So kind of a unique aspect of that.

[1:36:46] And to in mind, just going back to the one

[1:36:49] before, previously, real quick size-wise,

[1:36:52] the units along the street are the smaller ones.

[1:36:55] They start at 1500 square feet.

[1:36:57] So you can see there's one little building

[1:36:58] to the far left up there.

[1:36:59] That'll be the very last part that gets built.

[1:37:02] That's kind of the staging area.

[1:37:04] Those are smaller, those are 1200 square feet.

[1:37:07] But as we get up the draw, the units kind

[1:37:10] of get a little bit bigger.

[1:37:11] So we range from 1200 to 22, 2400.

[1:37:15] So we're, again, we're trying to target varying sizes

[1:37:18] of family, trying to provide different niches

[1:37:22] to hit different people.

[1:37:23] So we're trying to hit as many markets as we can

[1:37:26] and trying to solve as, as much as we can

[1:37:29] with offering some different options

[1:37:31] and different possibilities for people.

[1:37:33] So we feel like that's one of the strengths of the projects.

[1:37:35] It's not just cookie cutter

[1:37:37] replicating the same thing everywhere.

[1:37:39] We're doing some modifications to maximize, we're trying

[1:37:42] to provide different sizes.

[1:37:43] And I think the town home option, you know, as a,

[1:37:47] I've been here for almost 30 years now,

[1:37:49] and to have a place you can let your dog out

[1:37:53] and, you know, take him out back we think is, is huge.

[1:37:56] I mean, we're a very dog friendly community kids.

[1:37:59] I mean it's, it's just we felt like it was the best option.

[1:38:02] It was not the cheapest option,

[1:38:03] but we felt like it was the best option

[1:38:04] and the best way to provide a good quality product for,

[1:38:08] for Avon and for the community as a whole. So thank you.

[1:38:13] - Thanks Bobby. Okay,

[1:38:17] anything else from, oh good Steve, thanks.

[1:38:20] - I'll step up, I'll step up for a minute.

[1:38:23] Steve McDonald think of the council

[1:38:26] and the, we're excited about the project.

[1:38:31] It's a, what we think very unique as Bobby has said.

[1:38:35] And that there's, there's a lot

[1:38:37] of stuff being built right now that is rental property

[1:38:41] and even with Timber Ridge

[1:38:43] where 10 Avail is building a for sale product.

[1:38:46] It's a high rise product, it's not a home.

[1:38:49] So we feel this is very unique

[1:38:51] and the Town of Avon has been active with rental projects

[1:38:55] as well from Piedmont to, what is it?

[1:38:58] Bosque and lot B.

[1:39:00] And so we're excited that hopefully you are too, to partner

[1:39:04] with us to have some real for sale homes

[1:39:08] that we can offer to our local friends.

[1:39:10] When I talked to a lot of the business owners

[1:39:13] and such, they said, what is really missing?

[1:39:16] It's, it's the management type product

[1:39:20] where somebody can own the home,

[1:39:22] feel like they're gonna stay here, raise kids and,

[1:39:25] and they wanna stay in the valley as, as opposed

[1:39:29] just their money going away for, for rents.

[1:39:32] So the, so our pricing,

[1:39:37] we're starting at 9 95 and it's a three bedroom, three

[1:39:42] and a half bath with a crawl space, one car attached garage.

[1:39:46] And the spot behind that are 1500 square feet.

[1:39:50] Foot units on a price per square foot are almost identical.

[1:39:54] The price per square foot of

[1:39:55] what the town has in Timber Rich.

[1:39:58] And the only advantage that I think they have is their Vail.

[1:40:01] So somebody works in Vail, that's an advantage.

[1:40:03] Otherwise I think somebody would much prefer a home.

[1:40:07] And so for all the employees

[1:40:09] and Avon in particular, then I think we have a,

[1:40:13] a great option for what is there.

[1:40:16] The, so the

[1:40:20] au own the business owners, they, they're really,

[1:40:22] they're like Steve, this is the product that is missing

[1:40:25] for our management people.

[1:40:28] And so they have obviously been encouraging us

[1:40:31] to move forward with the product that we're doing.

[1:40:34] The, originally we asked for six units

[1:40:39] in help for the first six units

[1:40:41] and 17 for continuing with that.

[1:40:45] And just to make it clear, the final seven 11

[1:40:48] after that, if it didn't fit into your budget, you had right

[1:40:50] to say doesn't work this year, we can't do it.

[1:40:54] But we understand that the, we were would like

[1:40:58] to see nine and 27.

[1:41:01] And Eric's telling me, Steve, don't ask for nine

[1:41:04] and 27 today.

[1:41:05] So you know the, we can probably live

[1:41:09] with the six today for this year.

[1:41:12] We would ask you to try

[1:41:13] and put in, in the budget for next year, you know,

[1:41:17] nine for next year.

[1:41:18] So we can have those available for our

[1:41:22] sales in the next year.

[1:41:24] Or looks like from your financial picture, if we did six

[1:41:27] for this year, hopefully you can find it in your budget

[1:41:30] for next year to put in for for nine.

[1:41:34] The, so I also wanna point out that when we first did this,

[1:41:39] the, we were, the thought was 17 units

[1:41:43] for help from Avon and, and you were gonna, and the staff

[1:41:47] and others reach out to Vail

[1:41:49] and to Eagle County for equal help.

[1:41:53] And that would really cover the 53 units

[1:41:55] and we can see what the ton of Vail has done.

[1:41:58] Chances are they're not gonna have a lot of extra dollars

[1:42:01] to help in funding for locals in our project.

[1:42:04] We're hopeful that as we get into closer to the end

[1:42:09] of the year, Eric and the staff can reach out to the county

[1:42:13] and say, all right,

[1:42:14] let's get it in your budget for next year.

[1:42:16] Get some funds from them to help with our project as well

[1:42:19] to help with locals and the funding for that.

[1:42:21] So we want to keep that in a forefront that

[1:42:26] we're asking other government entities in the valley

[1:42:28] for help I think is really a, a positive things for us

[1:42:31] to try to do.

[1:42:34] So the, I do wanna point out just to say

[1:42:37] that if things aren't selling the way they will want

[1:42:40] or we need more help, we will will have little toys

[1:42:43] but to rent the miles ourselves,

[1:42:45] we can't let them just sit there when they're finished.

[1:42:47] But our goal is not to do that.

[1:42:50] Our, our goal is to have them sell

[1:42:51] to local friends and things like that.

[1:42:54] And so that's why we're asking

[1:42:56] for your help in that tonight.

[1:42:57] So thank you Steve.

[1:43:01] - Could I just add a last, last couple comments?

[1:43:04] So I think this is a great project

[1:43:06] and just like they said, the town home

[1:43:08] and duplexes where the garage is very unique,

[1:43:12] it's taken a little longer and we all know

[1:43:13] that construction does often does take a little longer.

[1:43:17] When they came to us, we looked at rezoning

[1:43:19] to make this possible.

[1:43:21] And I think this is a great example

[1:43:22] of public-private partnerships.

[1:43:25] Part of why I'm really attuned to that is

[1:43:27] for the last six months we've been doing these regional

[1:43:30] housing solutions and the comments

[1:43:32] that have come up is we need more

[1:43:35] middle income ownership opportunities, as they said

[1:43:39] need different product, not everything, apartments

[1:43:42] and condos and

[1:43:43] that we really should be pursuing

[1:43:45] public-private partnerships.

[1:43:46] And so I think in that way that ticks a lot of 'em.

[1:43:49] I did give them updates on, we've been pretty active

[1:43:53] with a whole lot of housing opportunities

[1:43:55] and so when we get into the budget this fall, you'll see

[1:43:58] clearly more opportunities than we have dollars

[1:44:01] and then we're just gonna have to work through

[1:44:03] what makes the most sense for us in in 2027 and 2028.

[1:44:09] - Okay. Council questions for Steve or Bobby

[1:44:13] or Matt or Eric?

[1:44:16] - I have some, yes Gary.

[1:44:18] So I wasn't around when this was first

[1:44:22] brought into council so I, if I could get kind of a recap

[1:44:28] of the gist of this project

[1:44:31] and I think my main questions really boil down to

[1:44:37] or or doing tax

[1:44:39] and fee waivers for this project to the tune

[1:44:42] of 30,000 a unit or something like that.

[1:44:44] And then the request is

[1:44:46] for an additional a hundred thousand per unit

[1:44:49] for the first six units.

[1:44:50] That's what's before us today.

[1:44:52] And so that a hundred thousand per unit that goes

[1:44:57] to buy it down from 9 95 to 8 95,

[1:45:01] - You know, essentially it's buyer assistance so it goes,

[1:45:03] it's down payment assistance.

[1:45:04] So it allows the buyer to be able to afford

[1:45:08] to finance it without having to put a full 20% down.

[1:45:12] - And so why wouldn't we just put that money,

[1:45:14] the 600,000 into the Good Deeds Avon program

[1:45:19] or Meet CASA and just have buyers approach us

[1:45:22] through the good deeds and meet CASA program

[1:45:25] - Directly.

[1:45:26] So I, when we get the budget for next year, I want

[1:45:28] to talk about all those programs

[1:45:29] that I think there's a way to do one bucket.

[1:45:31] Okay. Approaching it.

[1:45:33] It is, you know, it started out originally being

[1:45:37] that we were gonna call it Masa untreated the same at this

[1:45:40] point we're, it's like mini M Casa where we're sticking

[1:45:45] to the a hundred thousand that's not 12% of a million.

[1:45:50] So it's a little less than what Ma Ma Casa would offer

[1:45:53] but that was the development agreement terms that we had

[1:45:58] And I think from their perspective that is very meaningful

[1:46:02] for buyers and I would agree with that

[1:46:04] 'cause we see a lot of both good deeds

[1:46:07] and Masa Avon that

[1:46:08] that down payment assistance goes a long ways

[1:46:11] to helping people be able to reach that, you know, ability

[1:46:16] to get financing to buy these units.

[1:46:18] So it's really not buying it down from 9 95

[1:46:22] to 8 95 and that's the sales price.

[1:46:24] It's helping a buyer with down payment assistance which just

[1:46:27] helps out with that whole transaction.

[1:46:29] - Okay. And so they could still go

[1:46:31] and apply for Eagle County good deeds

[1:46:33] and stack up some down payment assistance.

[1:46:38] - We're trying to clarify that

[1:46:40] because it's already deed restricted.

[1:46:42] I think county right now is not looking at it

[1:46:44] as eligible for good deeds.

[1:46:47] I have asked if they would be interested

[1:46:49] and from tonight I'm gonna go and re-ask.

[1:46:51] I actually think it's an excellent opportunity

[1:46:54] for good deeds because that would do the buy down from 9 95

[1:46:59] to approximately 6 95.

[1:47:01] Yeah. But then it would come

[1:47:02] with a different deed restriction

[1:47:03] that has a price cap on that. Right.

[1:47:05] - And this the deed restriction we get

[1:47:08] for the a hundred thousands in ro.

[1:47:09] It's a me concept type correct deed restriction.

[1:47:12] - Correct. Okay. - I think that's generally my question.

[1:47:17] Sean you have something to add?

[1:47:18] - Yeah, I was going to, thanks Tam.

[1:47:20] Sean Reynolds is one of the developers

[1:47:21] and Gary, I think it was good where you kind of said,

[1:47:24] 'cause I didn't even realize once you put up the timeline

[1:47:26] Matt, how long ago we started with this whole thing

[1:47:29] and obviously there was different council members

[1:47:30] and whatnot, but started with, we put land under contract,

[1:47:35] it was supposed to be storage units,

[1:47:37] you know, whatever, some commercials.

[1:47:38] So we came with the idea, wanted to do housing there, wanted

[1:47:41] to try to, and it's obviously a long

[1:47:42] process all the way through.

[1:47:44] One of the things that town said right off the bat was we

[1:47:46] love this idea, we want to, you know, help you guys.

[1:47:48] And at first trying to find a way to partner together on it.

[1:47:52] I think it was best for us to kind of stay in our lanes,

[1:47:54] let us build, we asked the town one

[1:47:56] with the community housing,

[1:47:58] you know the exemptions on the taxes

[1:48:01] and stuff is, is kind of built into that.

[1:48:02] But we were very appreciative that you guys,

[1:48:04] you know, extended those to this project.

[1:48:06] And the other thing we really asked, you know,

[1:48:08] with council was help the end buyers purchase the units.

[1:48:12] That's what we can exactly help with

[1:48:14] and the town has great ability to help with that.

[1:48:17] Now in that, you know, this whole five year transition

[1:48:19] and whatnot of this land, a lot has changed.

[1:48:23] These are, and you know, we don't need

[1:48:25] to get into the weeds too much about it,

[1:48:26] but they're electric product.

[1:48:27] There's no gas run to 'em.

[1:48:29] That's one of the things that council had asked at the time

[1:48:32] as well as the planning and zoning.

[1:48:34] So this is the first product we've done like

[1:48:36] that when we started it said okay to that

[1:48:39] and stuff, different administration,

[1:48:41] different rebates, different everything.

[1:48:42] That whole landscape's changed a bunch.

[1:48:44] So a lot of different things have changed as well

[1:48:46] as the climate for buyers right now.

[1:48:48] The rates for people

[1:48:50] who are buying these units when it goes up a quarter point

[1:48:52] or something, it makes a huge difference.

[1:48:54] So a lot has changed hopefully as this project, you know,

[1:48:59] keeps going, the climate changes

[1:49:00] and people don't need as much assistance, great.

[1:49:04] You know, but at this point it is really, I think,

[1:49:07] I mean we were talking about thinking we'd have long wait

[1:49:09] lists and everything else from getting going

[1:49:10] as we started bringing these on the market

[1:49:12] and stuff, it's hard for people

[1:49:13] to make everything work right now

[1:49:15] and that assistance from the town makes it is

[1:49:19] even bigger part of it I think.

[1:49:20] And that's why we want to just make sure that, you know,

[1:49:22] obviously for these first six units,

[1:49:24] but as Steve mentioned down the road, we wanna make sure

[1:49:26] that you guys are thinking, you know, now

[1:49:29] that we're delivering units and stuff,

[1:49:31] that we are in the council's mind.

[1:49:32] And I love the fact

[1:49:34] that Eric was saying there's gonna be some other options.

[1:49:36] I think there's some people who are gonna need other,

[1:49:38] you know, assistance options.

[1:49:39] We want. Great. I'd love to have the county help in any way.

[1:49:42] So just try to go back and bring it back forward.

[1:49:45] - Yeah, I think that sounds great.

[1:49:48] I mean, you know, I fully support the project

[1:49:50] and so I'm just curious about

[1:49:53] what's the thought moving forward with the balance

[1:49:56] of the units beyond.

[1:49:57] So say we make a commitment this evening to the first six

[1:50:00] and then, so was the idea for this

[1:50:02] to all be all deed restricted community housing or

[1:50:06] - It's it's required by zoning

[1:50:07] and by the development agreement every unit's gonna be deed

[1:50:10] restricted because we did tax.

[1:50:12] Right. But it's by zoning

[1:50:14] and by, we already have a development agreement.

[1:50:17] It's already committed whether

[1:50:18] or not the town provides funding,

[1:50:19] it's every unit is gonna be deed restricted.

[1:50:22] - And so we could just fund good deeds

[1:50:25] or meas in the future which buyers could apply for

[1:50:29] and apply to these units.

[1:50:31] - So what I wanted would like to do is have a conversation

[1:50:34] with council more globally.

[1:50:36] You're likely to see the updates,

[1:50:39] the Avon community housing plan

[1:50:40] and then we're gonna get into CIP

[1:50:42] and then we're gonna get into our community housing fund

[1:50:45] and we'll present some ideas.

[1:50:46] But yes, I think there's,

[1:50:49] I think we could probably put these

[1:50:52] down payment assistance funds into one bucket

[1:50:56] of first come first serve, whether it's good deeds

[1:50:58] or Ma Casa or Hidden Valley Estates.

[1:51:01] And that's probably the gist of the proposal.

[1:51:03] I'd wanna bring in September to council.

[1:51:07] - Okay. Alright, thanks. Just

[1:51:08] - One thing to note on that too, Gary,

[1:51:10] is I just think in our minds it's very important

[1:51:12] that some people don't want

[1:51:14] to have a price cap associated with their units.

[1:51:16] And that's one of the reasons that this is, you know,

[1:51:19] attractive to them.

[1:51:20] So I think our, the unit that's under contract, who the

[1:51:25] buyer is here, that's one

[1:51:27] of the things he currently was in Miller Ranch wants

[1:51:29] to move out of that.

[1:51:30] So I think it's great to have the option for people

[1:51:33] but not to just pigeonhole that

[1:51:34] that's the only move from deemed

[1:51:36] - Restricted to our - Yep. Alright.

[1:51:39] - Move from deed restricted to ro. Yeah.

[1:51:41] Yeah that's up, that's, that's a good move.

[1:51:44] That was what the program was intended to do, right?

[1:51:46] Deed restrictions in general.

[1:51:48] - Right. So - Gary, can you cl clarify for me when you say

[1:51:53] deed restricted versus ro meaning resident occupied

[1:51:57] what What price cap. Right Price. Cap

[1:52:00] - Price.

[1:52:01] Cap price. 'cause they all have deed

[1:52:02] restriction resident occupied.

[1:52:03] So resident occupied is not a deed cap price cap

[1:52:06] price cap deed restriction.

[1:52:08] Right. As opposed to, so so mikasa is a,

[1:52:12] RO is a resident

[1:52:14] - Occupied but not price caps - Good deeds.

[1:52:16] Avon is price cap deed restriction

[1:52:18] - And price capped is also resident occupied.

[1:52:21] Right. Okay.

[1:52:22] - Okay. Yeah. So all deed

[1:52:24] restricted. Yeah, just different types.

[1:52:25] - Okay. Okay, more questions Ruthie,

[1:52:28] - I just have a couple of questions.

[1:52:30] Do you have any, do you have buyers waiting?

[1:52:32] Do you have pre construction contracts, reservations

[1:52:36] other than the one that you mentioned?

[1:52:39] - We have, we've had a a list of, have we gone

[1:52:42] through a number of people we're not sure

[1:52:45] who's gonna be able to qualify,

[1:52:47] not qualify and things like that.

[1:52:49] And the first question comes up is there gonna be

[1:52:52] down payment assistance?

[1:52:53] And so we're gonna go back to those people on that list.

[1:52:56] It's not a long list

[1:52:58] and as you know,

[1:52:59] it's in the multi list now we put it out there

[1:53:02] for the real estate community to be involved as well.

[1:53:06] And so we're gonna do everything we can to create buyers to,

[1:53:11] but we have a contract

[1:53:13] and we have the deed restrictions

[1:53:15] that were in place recorded

[1:53:17] and they're being adjusted some with our attorney

[1:53:20] and the town attorney.

[1:53:22] But nonetheless all these documents are already in place.

[1:53:28] - So Eric, I have a question for you. Just to clarify.

[1:53:34] If we repurpose the me hop the 600,000,

[1:53:39] that'll leave us with 6 52 8 43

[1:53:44] after the three pending good deeds? No. Or

[1:53:48] - Before the three pending, pending good

[1:53:49] - Deeds. Okay, that's what

[1:53:50] - I thought.

[1:53:51] Yeah, so if we repurpose the me hop the town

[1:53:54] of Avon's employee housing assistance,

[1:53:56] then we'll have no funds

[1:53:57] for town employee housing assistance.

[1:54:00] But we would be able to do the 600,000.

[1:54:03] That's their request. And then the same time, that's part of

[1:54:06] what we're proposing

[1:54:08] and recommending tonight is that we would reopen Mikasa,

[1:54:13] Avon and good deeds with the remaining funds.

[1:54:15] We have 652, we know there's three pending transactions

[1:54:19] that would use 400,000 of that.

[1:54:22] So what'll happen is the, I suspect the remainder of

[1:54:26] that masa good deeds if we reopen it

[1:54:28] and we'll be able to handle the three transactions

[1:54:30] that are pending and we'll be able to maybe

[1:54:35] support two to three more.

[1:54:37] But at the pace we're doing 'em we'll

[1:54:39] be done by the end of August.

[1:54:40] We'll be, we'll be through that remainder

[1:54:42] of funds by the end of August

[1:54:45] - Track. Thank you.

[1:54:48] - Okay. I have some questions as well, Matt,

[1:54:53] in your memo on page 1 0 9 there was some,

[1:54:58] there was a mention of

[1:54:59] that a development bonus had been applied for,

[1:55:03] - I don't - Remember, there were some slight

[1:55:05] setback modifications.

[1:55:08] As you could tell, the lots are really close to each other.

[1:55:10] And so there were some, some small variations

[1:55:14] to setbacks and that that was the only exception

[1:55:18] unless Jenna could correct me if you see, I think

[1:55:21] that's correct. That's correct.

[1:55:24] - Okay. So why was it done

[1:55:25] as a development bonus rather than a variance?

[1:55:28] - We don't use variances to modify setbacks.

[1:55:30] This came up a little bit later after the fact

[1:55:32] and we didn't have the development bonus

[1:55:35] process in place when we were looking at

[1:55:37] Hidden Valley the first time.

[1:55:39] So I came after and this was the best way to be able

[1:55:42] to mitigate the houses as they came in.

[1:55:45] We had some, a little bit more, less,

[1:55:47] less room when we discovered the flood plane and so forth.

[1:55:50] So it tended to work

[1:55:52] - Out in the, - An easier method.

[1:55:55] - Okay. And that came

[1:55:56] through council, I just don't remember it.

[1:55:59] But because it,

[1:56:01] all development bonuses come through camp. Yeah,

[1:56:03] - It's, they do.

[1:56:05] And it was a, it was a number a couple years ago

[1:56:07] - That we Okay.

[1:56:08] Had modified. Okay. I don't remember it

[1:56:10] but I suppose it, it went through the proper process,

[1:56:13] so, okay.

[1:56:15] Thank you. Jenna. Also in 1 0 9 there's a discussion about

[1:56:20] the single family equivalent SFE water rights

[1:56:24] and the fee in lieu,

[1:56:27] and I don't understand the sentence, Matt,

[1:56:29] in your memo it says the Upal Regional Water Authority was

[1:56:33] not able to provide a cost estimate for a cash in lie

[1:56:37] dedication of 47.7 SF fee is of additional water. Right.

[1:56:41] - I'll, I'll take that one because I wrote that in there.

[1:56:45] Yes. Just like it says, we'd asked a couple times

[1:56:47] and they weren't able to give us a cost estimate.

[1:56:51] Part of the problem is, is

[1:56:52] because they have to do an analysis on

[1:56:53] what the consumptive use is, it's not simply

[1:56:56] what is the cost of whatever the number was.

[1:56:59] 47 ses, it's consumptive use

[1:57:02] and that's different in different locations.

[1:57:04] And they just were not able to do an analysis

[1:57:07] and give me a, here's how many acre feet this would use

[1:57:11] and here's what our current pricing,

[1:57:12] what would be charged. Okay.

[1:57:14] - So whatever the case is,

[1:57:16] because the original development agreement said

[1:57:21] that Avon's taking care of the water, right.

[1:57:24] - The original development agreement said

[1:57:26] that the developer would pay

[1:57:27] for the dedication of extra water.

[1:57:30] And so I think there was five sess on the site. 5.6.

[1:57:35] 5.6. And so then whatever,

[1:57:37] - When it was storage units and now it's 47 right?

[1:57:40] Point four.

[1:57:42] - But we've, we've as you know that we've gone

[1:57:45] through this inventory lot by lot of

[1:57:47] what our zoning demands are

[1:57:49] and we did that in close coordination

[1:57:52] with the water authority

[1:57:54] and we've got a very elaborate spreadsheet that goes

[1:57:56] through the entire town.

[1:57:58] Through that entire process we identified that we had,

[1:58:03] I don't know, a couple hundred sfe

[1:58:04] that were not assigned a couple hundred sfe left over

[1:58:08] that weren't assigned to serve properties.

[1:58:12] We've, and we've put this to you when you asked about,

[1:58:15] as recently as the summit with an update on water.

[1:58:18] And this was one project that,

[1:58:22] that we felt that was appropriate to assign water to

[1:58:25] and slope side was another one that felt

[1:58:28] - As it's gonna use the, the extra

[1:58:31] that we have in our SFE guarantee, which is changing

[1:58:34] to a consumptive

[1:58:36] - Use. There's

[1:58:37] - Guarantee right at the water.

[1:58:39] Okay. My question is maybe

[1:58:40] - Changing - Why, why is it relevant?

[1:58:44] What, what do, why is there any discussion about a cost

[1:58:48] estimate for cash in lie dedication of 47.4

[1:58:51] - That had been asked for in the past?

[1:58:53] And so that's, I we did try to find that number to know what

[1:58:56] that hypothetically that number was. But,

[1:58:58] - But neither even

[1:59:00] nor the development needs to come to the table

[1:59:04] with cash in lieu for water.

[1:59:05] Correct. 'cause the water's taken care of, of

[1:59:08] - The town's - Because we have excess water, we

[1:59:10] - Have available excess water.

[1:59:11] Okay. Of course. I mean recognize that's a policy decision

[1:59:15] of council if you wanna apply that to community housing.

[1:59:19] But that has been the general conversation for many years

[1:59:23] that if we had extra water in our portfolio,

[1:59:26] that community housing would be the first.

[1:59:27] - Well let's recognize that's a valuable contribution,

[1:59:31] extremely valuable contribution to this project at 47.4 ses.

[1:59:37] Okay. But we don't have the val the dollar value of that.

[1:59:40] - I was not able, - That's the point of that sentence.

[1:59:42] Okay. I understand now. Okay. But okay, I, I see that.

[1:59:48] Okay. One thing I don't want to lose track of

[1:59:51] as we're talking about Hidden Valley Estates,

[1:59:54] and I think we'll hear some public comment from Albert

[1:59:56] and others is about, explain Eric if you will, why

[2:00:01] Mikasa and Goodies Avon was paused while we were considering

[2:00:06] the Hidden Valley State's contribution.

[2:00:08] - So that was my decision and direction as the town manager

[2:00:11] and it was, we got to a point about the end of June,

[2:00:14] beginning of July where we saw the pace of applications

[2:00:18] for Masa event and good deeds.

[2:00:20] And also, again,

[2:00:22] we're gonna get into a much more in depth conversation,

[2:00:25] but we're getting stretched very thin

[2:00:27] with our funds for community housing.

[2:00:30] Part was the commitment to the summit

[2:00:33] with some funds we're advancing.

[2:00:34] Part is, I think we're moving along

[2:00:37] with having the state landlord property under contract,

[2:00:40] which is a pretty big deal.

[2:00:44] Part is because we bought 91 Beaver Creek Place

[2:00:47] and so of available funds we've had, we've been active

[2:00:51] with investing that into other projects and,

[2:00:55] and then we're also proceeding with a, you know,

[2:01:00] architect's contract to get started on Avondale apartments.

[2:01:03] And so all those costs together are really

[2:01:06] utilizing all available funds, seeing what their request was

[2:01:11] and what the available amounts were.

[2:01:13] I made the decision let's pause it for a couple weeks

[2:01:16] until council can see the whole picture

[2:01:19] and decide what's the best way to use the available funds.

[2:01:24] - Okay. Thanks. You more questions

[2:01:26] or should we hear from the public?

[2:01:28] Couple questions? Public couple questions. Yep.

[2:01:31] - I think I might know the answer is to couple these

[2:01:35] ask changed from 600,000 to 900,000.

[2:01:38] Is that simply because there's nine units in those first

[2:01:41] three red buildings, a hundred thousand per unit?

[2:01:44] Is that the thinking or what's why the change from the

[2:01:47] - Original?

[2:01:48] Yeah, correct. Just 'cause at this point we're gonna

[2:01:49] deliver nine units this year

[2:01:51] - And you guys said you're going all electric.

[2:01:53] - Yes. The whole project is all electric.

[2:01:55] There's gas run to it. Is

[2:01:57] - Is that the same thing as net zero?

[2:01:59] 'cause the original development agreement contemplated the

[2:02:02] possibility of net zero without,

[2:02:04] - Without digressing it down the rabbit hole

[2:02:06] of climate action philosophical debate

[2:02:09] because our electric provider is nearly all renewable energy

[2:02:13] that if you electric building,

[2:02:15] you could claim that's not zero. Okay.

[2:02:17] - And I'm not sure, maybe I mis under misread Steve

[2:02:21] for just a minute, but what deed restrictions will we we be

[2:02:24] using in this project?

[2:02:25] The ones referenced in the Avon community housing

[2:02:27] plan? Nina, do you

[2:02:30] - Know, I was about say, I don't know if you

[2:02:31] want, I don't wanna say

[2:02:33] - What, sorry, can - You repeat the question?

[2:02:35] - Okay. Which de restrictions are we

[2:02:37] going to be using for this project?

[2:02:38] - So I, I created two different ones

[2:02:42] and I can go into the explanation of that. And we're

[2:02:44] - Just general a high level, which ones are we using?

[2:02:47] - Resident occupied is the

[2:02:49] - Ones referenced the Aons though,

[2:02:50] or some ones from back when this project

[2:02:53] was originally approved

[2:02:54] - We're, we started with a template

[2:02:56] that is from this past year,

[2:02:58] the two templates that are from this past year.

[2:03:00] Okay. And then tweaked them for this project

[2:03:02] and kept the substantive terms.

[2:03:04] But what is important

[2:03:06] to the town is the administrative terms

[2:03:07] and upped, you know, keeping that similar to

[2:03:10] what our current draft was.

[2:03:13] - Okay. So a little tweak as to

[2:03:15] what the standard Avon ones are? Correct.

[2:03:18] - Okay. - The other questions I

[2:03:22] have were asked, so thanks,

[2:03:24] - I would like to go back to Nina.

[2:03:25] So can you explain the difference between the two?

[2:03:27] There's a deed restriction when the buyer's using the a

[2:03:32] hundred thousand dollars of down payment assistance Yes.

[2:03:34] From Avon. And what's the difference between

[2:03:37] that deed restriction

[2:03:38] and in a unit

[2:03:39] where the buyer is just buying the community housing?

[2:03:43] - Yes. The one where, where,

[2:03:45] where the down payment assistance is a

[2:03:47] a little bit more restrictive than the one that is not,

[2:03:50] that is has just the consideration of the fee waivers

[2:03:52] and everything else that was, that was mentioned.

[2:03:56] So I could pull them up to officially answer your question.

[2:04:02] But the employer was in, yeah, the employer was important

[2:04:04] and then also the documentation of the residency.

[2:04:10] But let me, I will get the difference between the two.

[2:04:12] - Maybe I can help elaborate.

[2:04:13] So the one where we're providing the a hundred

[2:04:16] thousand dollars down payment assistance very similar

[2:04:18] to Masa Avon

[2:04:20] and requires the buyer to actually live there

[2:04:22] as their principal residence for a minimum of three years.

[2:04:25] So that one is oriented towards

[2:04:27] a local person buying who's gonna live there

[2:04:29] as their primary residence.

[2:04:31] The other one is much more open

[2:04:32] and can allow us for the property to be bought

[2:04:36] by an employer or, you know, retained by the developer.

[2:04:40] And so is much more flexible on who can own it.

[2:04:43] We're not contributing any down payment assistance to those.

[2:04:47] And then it limits the occupancy to a, you know,

[2:04:51] the definition of an eagle,

[2:04:52] an employee in Eagle County that we have.

[2:04:57] - But but without, without the demand

[2:05:00] that three years at primary residency.

[2:05:02] Correct. It's basically right difference

[2:05:04] between your employer buying it

[2:05:05] and leasing it to you as an employee.

[2:05:08] Correct. Which can be done in a non Avon subsidized.

[2:05:13] - Correct. That we wouldn't provide any down payment as

[2:05:15] - Cents.

[2:05:16] Gotcha. Okay. Okay. Thanks for that de that description.

[2:05:18] And then good deeds would be a completely different

[2:05:20] deed restriction and that's

[2:05:22] - Enters price capital.

[2:05:23] If that, if the county was willing to consider this project

[2:05:26] as eligibility for good deeds funding, then yes,

[2:05:28] that would be a third very different deed restriction

[2:05:31] that would come with that funding. And

[2:05:33] - Because that's price caps.

[2:05:34] - Yeah. And yeah, the price cap, they always do price cap.

[2:05:37] Okay. Good. Okay.

[2:05:38] - One other question that came up,

[2:05:41] Stevie said if you can't sell 'em, you're going to red pen.

[2:05:43] Just, there's no a MI limits on rental. Right.

[2:05:47] It's just if that's owned to be free market,

[2:05:49] whatever you guys can get, which is fine with me.

[2:05:52] I'm just trying to make sure I understand.

[2:05:53] I see some heads bobbing and Sean, you're gonna answer

[2:05:56] - That?

[2:05:57] Yeah, just I figured you want the,

[2:05:57] but yes, that's correct. Just through

[2:05:59] - Market.

[2:06:00] - Okay. It's free market. You would just have to,

[2:06:01] the resident would obviously have to be Eagle County.

[2:06:03] It couldn't be short term, anything like that. Okay. So,

[2:06:06] - So you do have to be a resident of Eagle County

[2:06:08] to be able to rent these?

[2:06:09] - Yes. - Yes.

[2:06:11] That's the, that's the most important part of this. Okay.

[2:06:13] - Yes, - Resident

[2:06:14] - And employee.

[2:06:15] To your point is always if North Side wants to buy a unit

[2:06:18] and put employees in there, it's the one restriction.

[2:06:21] If their chef wants to buy a unit,

[2:06:23] have assistance from the town, then it would be another one.

[2:06:25] So that's kind of how we, I think

[2:06:27] - I'm asking a different question.

[2:06:28] Maybe I didn't answer. Well Steve, I heard him say

[2:06:31] that if you can't sell these units, you would go rent

[2:06:34] - Them.

[2:06:35] Yes. So as the developer, if we don't sell the unit,

[2:06:37] we can't just hold it, we will rent it.

[2:06:40] Absolutely. And that'll have the same, the same restriction

[2:06:42] as if Northside bought it and rent it.

[2:06:44] Okay. After. Alright. Yeah,

[2:06:46] we're restricted to, we rented. It helps

[2:06:47] - Me out - Take, because it's zoned community housing,

[2:06:50] thus it has to be community housing,

[2:06:51] right? Correct. Right, exactly.

[2:06:52] - Put duty all the units. Yes. Right.

[2:06:54] - Okay. Thank - You. Okay, good. Okay, great.

[2:06:56] Let's hear from the public.

[2:06:57] So if who would like to speak

[2:06:59] to us please about the Hidden Valley State's funding request

[2:07:04] and potentially that the UN pausing of good deeds,

[2:07:07] Avon and Mikasa.

[2:07:09] Albert.

[2:07:11] - Albert. I'm gonna do, again nodding in road.

[2:07:14] I think this development is a great idea

[2:07:17] but I am one of those pending contracts waiting

[2:07:19] for the Good Deeds program and I don't have three years

[2:07:23] to two, three years to wait for this development

[2:07:25] to purchase one of those.

[2:07:27] And I can't speak for the other two people

[2:07:29] that are on hold as well.

[2:07:30] But this good deeds program is holding up my closing

[2:07:34] by the end of August

[2:07:36] and if I do not get this money, I don't have anywhere

[2:07:40] to live essentially.

[2:07:42] So it's great. I did have some questions.

[2:07:47] It seems like providing funding

[2:07:49] to just this project would limit funds from being used

[2:07:52] across Avon with the current established uses.

[2:07:55] So why can't we just put the money into the

[2:07:57] programs already established?

[2:07:58] Housing assistance is great,

[2:07:59] but it should be, it should be limited

[2:08:01] to just one development.

[2:08:03] If more funding is needing, if more funding is needed,

[2:08:06] perhaps that's something the council can approach

[2:08:09] during next budget

[2:08:10] and when the development is closer to completion.

[2:08:14] And that's what I have to say.

[2:08:16] - Thank you very much. Is there more public comment please?

[2:08:21] I will mention we received a lot of email in support

[2:08:24] of the funding request by Hidden Valley Estates.

[2:08:28] Is there anybody online? Annika, if you're online,

[2:08:33] raise your hand on Zoom or press star nine on your phone.

[2:08:37] We have quite a few people online but no hands raised.

[2:08:40] Okay. No one else in the room.

[2:08:43] - Mad Mayor, could I just throw in a quick clarification?

[2:08:45] Yes. For the benefit of Alberto.

[2:08:46] So the recommendation is not the fund one or the other.

[2:08:50] The recommendation is the takeaway from town employee

[2:08:53] funding that we had for the year

[2:08:55] and apply that funding for the 600,000 hour request

[2:08:59] and then reopen the remaining funding for Mecasa, yvan

[2:09:03] and good deeds so that we could proceed

[2:09:05] with supporting the three transactions that are pending.

[2:09:08] And that would be a little bit of a balance to do maybe two

[2:09:10] or three more after that.

[2:09:12] - And how quickly can we unpause as as of tomorrow morning?

[2:09:16] - As soon as a motion is made, as of tonight is made.

[2:09:18] Okay, gotcha. We, I will administratively

[2:09:21] ab cadabra unpause it. This.

[2:09:23] - Okay, so let me ask, is that there's a proposed motion?

[2:09:27] Well, no, because the motion is

[2:09:29] to approve the first amendment,

[2:09:32] but we can't, can't forget to unpause

[2:09:35] or could we just direct staff right now

[2:09:37] - To un pause?

[2:09:38] You can just give me direction or nods and,

[2:09:40] - Okay.

[2:09:41] Does anybody have Yeah, oppose un pausing.

[2:09:45] Mikasa good. Deon? No. So that should be done as of tonight?

[2:09:49] Yes. Yes please. Okay. Okay. Can you, thank you. Alright,

[2:09:53] - We put the motion, - Are we gonna discuss the 600

[2:09:56] versus Yes, we are.

[2:09:58] Then we're gonna discuss the, but I wanted to do that first

[2:10:01] 'cause I didn't wanna forget that element of this.

[2:10:05] So that's done and that, and you're clear on that, Eric?

[2:10:08] Yes. Okay. Okay, great. Yes. Okay.

[2:10:12] Next is council discussion

[2:10:14] and deliberation of the first amendment

[2:10:16] to the development agreement with Hidden Valley Estates.

[2:10:18] So what do people have to say about the 600,

[2:10:23] 900, et cetera?

[2:10:26] And the other can arrow?

[2:10:29] Matt, did you have a slide

[2:10:32] with the amendments?

[2:10:36] I know it was in your memo.

[2:10:39] - These are - The general dates on page 1 0 8. There we go.

[2:10:42] Here we go. Thank you.

[2:10:47] So who would like to start the discussion? Gary, go ahead.

[2:10:50] - I would just like to, I would just like to say

[2:10:53] that I fully support this project

[2:10:54] and I, I really commend the development team for

[2:10:57] bringing these units to market at a, at a really

[2:11:00] excellent price point compared

[2:11:02] to like Timber Ridge and some of those.

[2:11:04] I mean, it is kind of amazing

[2:11:05] to look at those dollars per square.

[2:11:07] And so I, I fully support this and,

[2:11:11] and I'm in favor of the 600,000

[2:11:15] moving forward for tonight.

[2:11:18] And then that gives us a chance, like Eric said,

[2:11:21] to have a kind of a consolidated overview

[2:11:24] of the housing program, our budget alignment for

[2:11:29] future supporting future funding for Mikasa

[2:11:33] and good deeds, Avon, as well

[2:11:37] as other down payment assistance programs like this one

[2:11:41] for this particular development.

[2:11:43] So yeah, I'm excited about this. It's great.

[2:11:46] And it is the missing middle.

[2:11:48] I was just in a housing authority meeting this morning down

[2:11:50] in Eagle County with the commissioners

[2:11:53] and everybody's talking about the missing middle.

[2:11:55] You know, we've got, we've got low end rent,

[2:11:57] we've got late Litech funding for, for housing.

[2:12:01] That's 60% a MI and below.

[2:12:04] But this really hits the mark as far as I'm concerned

[2:12:08] and I fully support the 600,000 request.

[2:12:11] - Thank you. I don't interrupt,

[2:12:12] but I wanna say that Eric told us please ask for the six

[2:12:16] for this year and we're okay with that.

[2:12:19] And, and so we, when you're discussing the six, first

[2:12:22] of the ninth, we wanna be on the same page

[2:12:25] as the staff and the council.

[2:12:26] So we'll be fine with six for this year.

[2:12:29] - Thank you Steve. Thanks for clarifying

[2:12:30] that. Okay. Any more comment

[2:12:32] - Risk?

[2:12:33] I'm fine with approving the original 2023 request of 600,000

[2:12:39] and we've already discussed the ME hops.

[2:12:42] That's right. I'm good with that.

[2:12:44] And it's a great project too. I'm very excited about it.

[2:12:48] I think it's gonna be phenomenal. So keep it going. Let

[2:12:51] - Me give you a - Tour.

[2:12:52] Okay. What are you doing tomorrow?

[2:12:54] - I know it's a that we were supposed to have a tour today

[2:12:56] and I'm the one that called it off seeing our big agenda

[2:12:59] and other issues.

[2:13:01] So, but we would love to get up there. I know.

[2:13:03] So we'll try to plan that for early September.

[2:13:06] I think Ika

[2:13:07] and I were talking about that, so it'd be great

[2:13:09] to see it. Yes, rich,

[2:13:11] - I agree with what's been said.

[2:13:13] I'm fully supportive of the $600,000.

[2:13:16] The guys out here in the audience, the developers,

[2:13:18] the ones pounding nails are the ones taking the risk

[2:13:20] because they're the ones building things.

[2:13:23] So I think it's the right thing to do

[2:13:24] to honor a previous council's commitment

[2:13:27] even though the completion date slipped, things happen.

[2:13:30] So I think we should honor that piece of it.

[2:13:32] I'd love to be in a place where we can do more next year,

[2:13:35] but as Eric said, there's a lot going on

[2:13:37] and we just need to weigh that,

[2:13:40] all those different demands on our money

[2:13:41] and figure out how we can do things.

[2:13:44] And also I'm super excited to get a Albert into a home

[2:13:48] as soon as he can and the other folks

[2:13:50] that will use those monies.

[2:13:51] I also think we should somehow have the

[2:13:56] conversation with the county to see

[2:13:58] how we can get this opened up

[2:13:59] to the good deeds may cost some money losing forward.

[2:14:03] 'cause that could make a big impact on people also.

[2:14:05] So I think there's gotta be a way to work with the county

[2:14:08] to get that going on this.

[2:14:10] So those are my comments,

[2:14:12] - Chico.

[2:14:13] - Six hundred's. Great. We'll leave a little

[2:14:16] change in me CASA's budget to keep that rolling.

[2:14:20] Albert, I'm Albert iv. My son's Albert the fifth.

[2:14:24] Not many Albert there that call ourselves.

[2:14:27] Albert, so good for you.

[2:14:29] No, and I think that, you know,

[2:14:33] some good decisions were made today.

[2:14:35] - Okay. Kevin? I'm a

[2:14:36] - Big, I'm a big fan of this also

[2:14:37] and the 600,000 is, is acceptable

[2:14:40] and it seems like the the future will provide us more

[2:14:45] opportunity to put money towards the

[2:14:49] community housing up there too.

[2:14:50] But it's a great, I like town homes. I live in a town home.

[2:14:53] It's nice to not have somebody above you or below you and,

[2:14:55] and that's makes for a better quality of life.

[2:15:00] - Great. Thanks everyone. I am also in favor

[2:15:03] of funding at the, the $600,000 level for 2026.

[2:15:07] My only reservation here is in the,

[2:15:09] because of course I read the first amendment

[2:15:12] actually itself.

[2:15:13] And in section four on page 1 52 of the packet

[2:15:19] we have section four, the first amendment where we,

[2:15:23] it is amending section 7.5 of the development agreement

[2:15:29] and it talks about the town's intention to supply funds.

[2:15:34] This, that statement still says

[2:15:35] that under this section seven, the town intends

[2:15:38] to provide funds for the full development in an amount not

[2:15:42] to exceed $1.7 million.

[2:15:44] I know it says not to exceed $1.7 million,

[2:15:47] but I don't feel good about saying

[2:15:50] that the town has any intention to get near that number.

[2:15:55] I think that we have a clear intention to fund the 600 now

[2:16:00] and potentially consider money next year,

[2:16:04] but I don't think it's gonna approach

[2:16:06] anywhere approach the $1.7 million.

[2:16:09] So I don't like that first paragraph

[2:16:11] and I don't like,

[2:16:17] I mean it does say it's subject

[2:16:18] to annual appropriation also,

[2:16:20] but it does, it talks about additional, you know, one point,

[2:16:25] what is that $1.1 million that I really don't think we have

[2:16:29] an intention of funding.

[2:16:30] But Sean, we'll go to you after I hear from Eric.

[2:16:34] - So the, the suggestion would be if you were going

[2:16:36] to approve the 600,000, we don't need to have that amendment

[2:16:41] and that that amendment four,

[2:16:43] you are recognizing the language that does say 1.7

[2:16:46] and that's money that I would, I think no one, none

[2:16:49] of us knows when that comes.

[2:16:51] It also doesn't have a timeframe on that.

[2:16:54] But what I would point out is the last two sentences

[2:16:57] really make it discretionary by the town.

[2:17:00] That was the intent in the original development agreement.

[2:17:02] The remaining blank funds, depending on what you award,

[2:17:06] the reigning blank fund shall be subject to annual budget

[2:17:08] and appropriation by the Avon Town Council.

[2:17:11] The next sentence reads, the Avon Town Council may revise,

[2:17:14] increase, reduce, or rescind its commitment

[2:17:17] for the remaining funds in its sole discretion.

[2:17:20] So that was intended to be explicit that

[2:17:25] I think the developer wanted to see that

[2:17:28] Avon was recognizing the,

[2:17:31] that it would take a look at providing funding

[2:17:35] beyond just the 600,000.

[2:17:37] But when we wrote that up in 2023,

[2:17:40] we were very conscious about making explicit

[2:17:43] that it's not a legal obligation, it's

[2:17:45] this council next council's sole discretion if you award

[2:17:48] more than 600,000.

[2:17:51] - Okay, thank you. Sean, what do you have to say about it?

[2:17:54] - The reason we really wanted that

[2:17:55] to stay in there is when we, so Steve kind

[2:17:58] of touched on it earlier, but when we initially were talking

[2:18:00] about this project five years ago

[2:18:02] and stuff, it was the, the town verbally was going to commit

[2:18:06] to, you know, Steve talks in units.

[2:18:08] So 1.7 17 units try to get the county to match, try

[2:18:11] to get veil to match climate change that you know,

[2:18:14] what everyone is able to match or not

[2:18:16] or what they're doing changed.

[2:18:17] But the intent was that, you know, in our, as of the town,

[2:18:21] why we're taking as rich said all the risk

[2:18:23] and putting all the money up as developers was saying, Hey,

[2:18:26] make sure you guys are trying

[2:18:27] to find whatever funding's out there to help people.

[2:18:29] Our concern is as we progress through this project,

[2:18:32] council changes everything else

[2:18:34] and all of a sudden we come back in here

[2:18:35] and people are going, why are you asking for money?

[2:18:36] What's going on? You know, because if there's a demand

[2:18:39] and a need for it, we wanna make sure that everyone is aware

[2:18:42] and as the council changes over,

[2:18:44] I'd be happy if you guys all just stay.

[2:18:45] But I know that's not how it works.

[2:18:47] So we're gonna, we wanna make sure

[2:18:49] that there's something documented

[2:18:50] and we, we completely understand.

[2:18:52] You can't fully commit to it

[2:18:53] and say we're doing this no matter what.

[2:18:55] The dollar amount I think is probably less important

[2:18:58] as the intent that the town is there to support the project.

[2:19:02] 'cause that's what it was verbally four years ago

[2:19:04] to the tune of 50 units.

[2:19:06] Now we're trying to write in just 17

[2:19:09] and roading getting pushed back.

[2:19:10] And so we kind of feel like as we get to the end

[2:19:11] of the project when we say, okay, it's your turn to help,

[2:19:14] you guys are starting to pull back the range.

[2:19:15] We wanna make sure that everyone is aware

[2:19:17] as we go forward is, there was an intent from the beginning

[2:19:19] for this, so that's why we want something in there.

[2:19:23] But we understand you can't guarantee

[2:19:26] - We right in 2023 seems like a long time ago now.

[2:19:32] We also have so many other projects on our plate demanding

[2:19:36] funds and

[2:19:38] - How many are delivering.

[2:19:39] Huh? How many of them are actually producing units

[2:19:42] for purchase in the next year? No, I

[2:19:43] - Know I'm not gonna debate it with you Sean,

[2:19:45] but I'm saying you don understand we have

[2:19:47] - A lot of demands.

[2:19:48] Yeah, there's a lot of things going on

[2:19:49] - And so, and I also, I I I can live

[2:19:53] with leaving the future $1.1 million subject

[2:19:56] to annual appropriation

[2:19:57] and that the council can revise, increase, reduce,

[2:20:00] or rescind its commitment to the $1.1 million in the future.

[2:20:04] But I think I also want a recognition in here

[2:20:07] that we are contributing 47.7

[2:20:12] single family equivalence water.

[2:20:15] Okay. And that could go under section two

[2:20:17] of the First Amendment where the water rights

[2:20:21] section was deleted

[2:20:23] - And your a hundred percent Right.

[2:20:24] That is a huge help and a huge thing from the beginning.

[2:20:27] We were concerned about, we all know how water is,

[2:20:29] it was a big issue five years ago.

[2:20:31] It's a bigger issue now. Yes.

[2:20:32] So we understand and yes,

[2:20:33] we can put a dull amount to it, but it is

[2:20:35] - A huge Okay, great.

[2:20:36] If we can get that recognition in there

[2:20:38] as value, that would be great.

[2:20:39] I appreciate it. Thank you. Okay.

[2:20:44] Do I hear a motion? Can we get the proposed motion

[2:20:46] on the screen please?

[2:20:49] With that? I would ask for that change to section two

[2:20:52] of the First Amendment as a,

[2:20:56] as a Well

[2:20:57] - Why don't you make the motion.

[2:20:58] - Okay. I will unusually make the motion.

[2:21:03] Am I allowed to make the motion?

[2:21:05] - Absolutely, you can - Tonight. I can.

[2:21:07] I can tonight. Okay. You're the

[2:21:08] - Boss.

[2:21:09] Good.

[2:21:11] - I moved to approve the first Amendment

[2:21:13] to the development agreement for Hidden Value Estates

[2:21:15] with $600,000 in funding

[2:21:17] and completion of first six units

[2:21:20] by December 31st, 2027.

[2:21:23] And addition in section two of the First Amendment,

[2:21:26] a recognition that the Town

[2:21:28] of Avon is contributing 47.7 single family

[2:21:32] equivalents of water to the project.

[2:21:36] - Second. That was a motion. Right.

[2:21:39] - Well thank you Tamara Chico.

[2:21:41] All those in favor of the motion please say aye.

[2:21:44] Aye. Aye. Aye.

[2:21:46] - Aye. - Aye. Are there any nays? No. Thank you everyone.

[2:21:50] Thank you Hidden Valley. It's a great

[2:21:52] project, we're excited for it. And thank

[2:21:53] - You for coming Albert?

[2:21:56] - Yes Albert, thank you for your comments.

[2:21:58] We will, we will. Phil

[2:22:00] - And I know round slide moves way so

[2:22:02] - Best of luck to you.

[2:22:03] Keep us posted please.

[2:22:05] - Morning. - Alright, we are on

[2:22:09] to item 6.4.

[2:22:11] I opened the public hearing for Ordinance 26 0 9.

[2:22:14] This is the second reading a code text amendment

[2:22:17] for the real estate transfer tax exemptions

[2:22:21] we have in a T Financial analyst Chase Simmons.

[2:22:25] - This is, this is just for Patty.

[2:22:27] She's been urging me to wear a tie.

[2:22:30] So Patty,

[2:22:33] Good evening Madam Mayor and members of council.

[2:22:36] This is the second reading of Ordinance 26 dash oh nine,

[2:22:39] which just makes some clerical changes

[2:22:41] to our real estate transfer tax application process.

[2:22:45] Counsel approved the first reading

[2:22:47] with no requested changes on June 9th.

[2:22:50] So just a little refresher.

[2:22:52] This only does two things

[2:22:54] and extends the application deadline from four months

[2:22:57] to one year and then also removes some language

[2:23:02] allowing for an extension if good

[2:23:06] cause is found.

[2:23:08] We're gonna be firm on that one year.

[2:23:12] This aligns with some precedent that was set back in 2024

[2:23:15] where the council then did approve a handful that were

[2:23:18] beyond four months.

[2:23:21] And the goal here is just to reduce unnecessary council

[2:23:23] and staff time because those beyond four months all had

[2:23:27] to come to council and be on an agenda

[2:23:30] and be spoken about here.

[2:23:33] And there's a motion in your packet on page 1 59

[2:23:36] unless you have questions.

[2:23:38] - Questions for Chase? No questions.

[2:23:41] Let's hear from the public.

[2:23:44] This is public comment portion of our public hearing.

[2:23:47] If anyone would please speak to us

[2:23:50] now about ordinance 26 0 9 amending our development code

[2:23:54] with the code text amendment regarding real estate

[2:23:57] transfer tax exemptions.

[2:23:59] It's not in the development code,

[2:24:00] it's just in the municipal code part.

[2:24:03] Is there anybody online inika with a hand raised

[2:24:06] or press starline on your phone

[2:24:07] to speak to us about this ordinance?

[2:24:09] See now Madam Mayor. Okay,

[2:24:11] I close the public comment portion of this public hearing.

[2:24:14] We are onto council discussion and deliberation.

[2:24:19] Anything or a motion.

[2:24:22] - I'll make a motion move to approve second

[2:24:25] and final reading of ordinance 26 dash oh nine amending

[2:24:29] chapter three point 12.070 real property transfer tax

[2:24:33] application for exemption slash appeal.

[2:24:37] Second.

[2:24:38] - Thank you Kevin and Ruthie.

[2:24:39] All those in favor of the motion please say aye. Aye.

[2:24:42] Those opposed, please say nay. That passes six to zero.

[2:24:45] Jason, thanks for the work.

[2:24:47] - I stu - Onto Ordinance 26 0 6.

[2:24:50] This is the first reading

[2:24:51] of the Construction Noise Regulations.

[2:24:54] We have community development director Matt Peel sticker,

[2:24:57] - Mad mayor.

[2:24:58] Thank you. I believe this was on

[2:25:03] your agenda in June and it was not discussed.

[2:25:05] It was continued. It was a,

[2:25:06] it was a packed agenda if I remember.

[2:25:08] There were a few additional changes since that meeting

[2:25:12] and I'll just highlight what those were.

[2:25:14] But we are here to discuss the first reading

[2:25:16] of Ordinance 26 dash six construction noise.

[2:25:22] This address is a regulatory gap in

[2:25:26] that our municipal code solely has

[2:25:30] construction hours from 7:00 AM to 7:00 PM Monday

[2:25:33] to Saturday Sundays and holidays it's nine to six.

[2:25:36] So any audible noise currently,

[2:25:39] there's no measured noise limit.

[2:25:41] It's just audible noise from construction

[2:25:43] is limited to those hours.

[2:25:45] And so this provides code enforcement with the tool

[2:25:49] of having actual measurable sound limits which match the

[2:25:53] state of Colorado limits for construction noise.

[2:25:57] The big change since the last time the council discussed

[2:26:00] this ordinance was defining what a driven pile is

[2:26:04] and that's a construction type that uses non-continuous,

[2:26:10] I'll just say annoying noise.

[2:26:13] Repeated impact noise from

[2:26:17] usually drilling equipment.

[2:26:19] And so we define that as a type of pile driving

[2:26:22] and equipment or setup used to install piles into the ground

[2:26:25] by applying repeated impact vibration

[2:26:29] or hydraulic force to drive them to a required depth

[2:26:31] and load bearing capacity, which is a

[2:26:35] commonly accepted definition for that construction type.

[2:26:39] Like I just mentioned, these standards align with the state

[2:26:42] of Colorado requirements for construction noise,

[2:26:49] which is measured from 25 feet from the property line.

[2:26:52] This is all as discussed previously.

[2:26:55] Again 7:00 AM to 7:00 PM driven piles.

[2:26:59] This is another change since

[2:27:00] the last time he talked about it.

[2:27:01] We further restricted those to 9:00 AM to 6:00 PM Monday

[2:27:05] through Saturday and then no noise at all from driven piles

[2:27:08] on Sundays and holidays.

[2:27:13] That's a little driven pile rig.

[2:27:18] So as part of a building permit review process,

[2:27:21] the building official shall identify if this type

[2:27:25] of activity is occurring and if so, the applicant

[2:27:29] or contractor must demonstrate reasonable measures to baffle

[2:27:32] or reduce noise from driven piles.

[2:27:35] In addition to describing when it's gonna occur exactly

[2:27:39] where it's gonna occur, what the equipment it is

[2:27:42] that schedule would then,

[2:27:44] after the reasonable measures to baffle are

[2:27:47] provided, the schedule would be physically posted

[2:27:49] to the job site and made available to the public

[2:27:53] to let everybody know when this type

[2:27:55] of activity would occur.

[2:27:56] Again, it would, it wouldn't be allowed on Sundays

[2:27:59] or holidays or between after 6:00 PM or

[2:28:02] before 9:00 AM the chief

[2:28:07] of police or designated town representative can inspect,

[2:28:10] measure and obtain access compliance and penalties.

[2:28:15] We changed it from a criminal to a civil matter.

[2:28:20] And there was one other thing I was gonna mention on that.

[2:28:26] I'll come back to it. Counsel has the

[2:28:31] discretion to approve, continue or table this item.

[2:28:34] And we are recommending approval first reading

[2:28:37] and then setting that public hearing.

[2:28:40] Whenever you're comfortable, we are recommending your next

[2:28:42] meeting building official here.

[2:28:47] And if you have any questions from he

[2:28:50] or myself, we're here to answer them.

[2:28:54] - So Derek, the graphic

[2:28:55] with the pile driving, I'd like that.

[2:28:59] Is that in your capital improvement plan budget? Yes.

[2:29:02] The pile driver with our logo on it

[2:29:05] that you know says hey on.

[2:29:07] Yeah, so that's good. Spending money

[2:29:10] - For what it's worth, the, the big projects

[2:29:12] that we're seeing come outta the ground are

[2:29:14] not using this activity.

[2:29:15] I think I mentioned this last time,

[2:29:16] so we're not sure the next time this type of equipment

[2:29:21] is gonna roll into town.

[2:29:22] But for, you know, the skull is gonna use more

[2:29:26] of a drilled pile, which is not the

[2:29:31] - Right sort of a helical pier.

[2:29:33] - Yeah, exactly. Auger.

[2:29:35] - And then what about the summit?

[2:29:37] Is that, have you got building permit submittal

[2:29:39] yet? Do we know what they're doing?

[2:29:41] - We have a building permit submittal. Do you wanna

[2:29:43] - Yeah, I was just gonna say they're planning on excavating

[2:29:47] down to decent material.

[2:29:49] Okay. And then they're gonna do a, a typical spread footing.

[2:29:52] - And so lot three is similar to that. Do you think lot

[2:29:55] - Three will probably be similar to that?

[2:29:57] Although I've yet to meet a contractor over there.

[2:29:59] - Okay. That's terre.

[2:30:03] - I think the, the biggest thing

[2:30:05] with these is the repetitive pounding that happens That,

[2:30:10] and you don't know when to expect it.

[2:30:13] When you have a schedule and we have a time

[2:30:16] and we have a limit and we have some sound deadening

[2:30:20] barriers put up with a plan ahead of time

[2:30:23] and a notification to people, then they can expect in

[2:30:26] and begin to know what's happening.

[2:30:29] To have this start

[2:30:30] and stop at unknown times is,

[2:30:33] is just gotta be nerve wracking.

[2:30:34] If you're close enough to it. I

[2:30:35] - Found this on the web for eight people,

[2:30:37] I can expect to know what's happening.

[2:30:38] - Okay. Okay. Check it out.

[2:30:40] And so listen did check it out so while, while Chico,

[2:30:44] she's listening that.

[2:30:47] - Okay, rich couple - Questions.

[2:30:50] - What are examples of on this slide?

[2:30:53] Reasonable measures to baffle or reduce noise?

[2:30:58] - Physical barriers. Physical barriers.

[2:31:00] When I mean physical barriers, has anyone seen the,

[2:31:06] the oil fracking that happens in the flatlands around us

[2:31:10] and to the west, it's

[2:31:12] - Kinda walls, tall - Walls, they,

[2:31:13] - Tall walls, burlap, sometimes

[2:31:16] hard sound deadening materials similar

[2:31:19] to like a SolidX type product.

[2:31:22] - So you're out there pay.

[2:31:24] Okay, next question is, why are we allowing this on Saturday

[2:31:29] - Or not?

[2:31:31] - We are 9:00 AM to 6:00 PM Monday to Saturday.

[2:31:35] Only on, not on Sunday. Not on Sundays or

[2:31:37] - Holidays. That was

[2:31:39] - Why Saturdays it's council's discretion.

[2:31:41] 'cause you gotta gotta start somewhere.

[2:31:42] Yeah, we gotta start somewhere.

[2:31:44] It's council's discretion. Okay.

[2:31:45] We did hear the response before that.

[2:31:47] Well then the duration will be more weeks of,

[2:31:49] of this activity if you restrict the days more.

[2:31:52] Oh, okay. So we just thought it was

[2:31:53] somewhere kind of in the middle.

[2:31:55] Well that actually that that's helpful

[2:31:57] and I might have some thoughts on that later.

[2:31:59] Thanks

[2:32:02] - Matt.

[2:32:03] I have some questions about the, and maybe this for Nina.

[2:32:06] It's actually in the ordinance.

[2:32:09] So under, I'm on page 1 71,

[2:32:12] section 8 4 4 0 3 oh prohibition of construction noise.

[2:32:17] And there's an A, A, B, C, D, E, A

[2:32:22] and B seem to be the same thing.

[2:32:24] I, I don't understand the difference between

[2:32:30] - So - A and B What page

[2:32:32] - Are you on again?

[2:32:33] - One, - It's 1 71 I see eight. Eight.

[2:32:36] Just to restate the mayor, 8.4 4.030030.

[2:32:40] - So let's A and B.

[2:32:45] Is it that A regulates 80 decibels because

[2:32:49] - One is Sunday, A is Sunday and national holidays

[2:32:52] and B is Monday through Saturday. Except they're

[2:32:54] - Always at 80 decibels.

[2:32:58] Correct? They're both correct. 80 decibels, right?

[2:33:00] - That's correct. Right. Nina's saying A is 9:00 AM

[2:33:04] to 6:00 PM and on

[2:33:07] - Sundays - B is 7:00 AM to 7:00 PM

[2:33:09] for the Monday through Saturday.

[2:33:12] - Okay. - These two were actually combined in one paragraph

[2:33:15] and it, the days were mixed

[2:33:17] and it was, it was actually Okay,

[2:33:18] - So it was split, correct?

[2:33:19] - Yeah, it was split out. - Okay.

[2:33:21] So look at B at the, at the end it the last two lines says

[2:33:26] that such noise is a public nuisance when occurring on all

[2:33:29] other days Monday through Saturday.

[2:33:32] - Yeah. So we should strike on all other days when it should

[2:33:35] say when occurring on

[2:33:36] - Monday through Saturday.

[2:33:38] - Monday through Saturday through Saturday.

[2:33:39] So delete all other days.

[2:33:42] - Okay. - Apologies for

[2:33:43] - That.

[2:33:44] Okay. And then C is the pile driving window

[2:33:49] that I will have a comment to as well.

[2:33:52] And Rich will,

[2:33:54] - And you wanna note

[2:33:55] that the language there says Monday through Friday,

[2:33:58] - It should, it, it already says Monday

[2:33:59] through Friday the ordinance rich not, not

[2:34:01] - To put words in your - Mouth,

[2:34:02] says Monday through Saturday. What's that?

[2:34:05] - Not to put words in your mouth. Monday through Friday.

[2:34:08] - Yeah, it says Monday through Friday, not Saturday. Okay.

[2:34:11] Okay, let's go on to d.

[2:34:14] D is the 80 decibels can be ex exceeded.

[2:34:19] It can go up to 90 decibels for a period not

[2:34:23] to exceed 15 minutes every one hour period.

[2:34:29] That just seems, that's 45 minutes of quiet

[2:34:32] and 15 minutes of 90 decibels.

[2:34:36] - Well I got a different opinion on

[2:34:37] - That.

[2:34:38] Okay, so what it, what's the explanation for that? So

[2:34:40] - Get to, sometimes you've got equipment on a site

[2:34:42] that's noisy for a short period of time.

[2:34:44] That could be over 80 decibels, a concrete truck,

[2:34:48] something else could come in that says that we, we need this

[2:34:51] stuff done for 15 minutes for a short period of time.

[2:34:55] That seems reasonable to me.

[2:34:56] This was drawn from the state statutes.

[2:34:58] Again, this exception is,

[2:34:59] is written into the Colorado state law

[2:35:02] and that that's just where it came from.

[2:35:04] Okay. But Rich is correct. There's, there are.

[2:35:06] - So that's kind of common practice that language

[2:35:09] - That that's a que that's

[2:35:12] - Question, that's very question for Derek.

[2:35:13] Is that common practice?

[2:35:14] The 15 minutes every hour come to the podium please.

[2:35:18] - Yeah, it's a lot like the barking dog.

[2:35:21] You know, you can tolerate it for 15 minutes,

[2:35:23] but if it goes longer than that then you,

[2:35:25] you make the phone call the animal control

[2:35:27] or you know, so this sound, if it escalates

[2:35:31] for 15 minutes, it's considered tolerable longer than

[2:35:34] that creates a problem.

[2:35:36] - Okay. Then they have to wait for the next hour.

[2:35:38] So the next question is for you too, Derek.

[2:35:41] This is about the posting of their, the plan

[2:35:45] that they've submitted to you, the schedule

[2:35:47] and then you've told them to post it on their fence.

[2:35:50] So it needs to be at least one square foot size paper

[2:35:55] with lettering that is at least one inch in height

[2:35:59] and it's gonna be posted at least 14 days prior to the use

[2:36:02] of the driven piles.

[2:36:04] And it's to be attached to the exterior fence

[2:36:06] of the construction site.

[2:36:09] So, and it and it says, and

[2:36:12] or on the construction site notice board.

[2:36:15] So does every construction site have,

[2:36:17] like do they post their building permit or they is that

[2:36:22] - I don't require people to post their building permit,

[2:36:25] it just has to be on premises.

[2:36:26] But typically that board is their advertising board

[2:36:30] with the, the name of the project, the name

[2:36:32] of the contractor, the name of the architect, phone numbers

[2:36:36] and contact information.

[2:36:39] - Sorry, do you require them to, to make a notice board

[2:36:43] that has that information?

[2:36:45] - So yeah, we will have, would you

[2:36:47] - Issue a building permit?

[2:36:48] - Absolutely. That will be attached to that.

[2:36:50] Not to cover it up, but it can be right next

[2:36:52] to it at, at that location.

[2:36:54] It's the most conspicuous obvious location

[2:36:57] where you would go to determine

[2:36:58] what's going on at that site. Okay.

[2:37:00] - And then do we need the part that says and

[2:37:03] or attached to the exterior fence of the construction site?

[2:37:07] - Yeah, - You know most construction sites will have a

[2:37:11] fence around them as a barrier.

[2:37:14] If the fence wasn't there, I would attach it

[2:37:16] to the display sign.

[2:37:20] - Okay. So can we, can we say that it'll be posted

[2:37:25] where the building official says

[2:37:29] to post it rather than, do you know what I mean? Yeah,

[2:37:33] - It could be a conspicuous location obvious and clear

[2:37:37] and visible to, to

[2:37:39] - Everyone location as designated by the building official

[2:37:42] such as on the yes in this language.

[2:37:45] - The other thing we always ask them

[2:37:46] to do is post an address too.

[2:37:49] - Okay. Nina, are you getting on

[2:37:50] - That?

[2:37:51] The job site

[2:37:53] - That Yeah, the cons microphone.

[2:37:55] Yes, thank you. Sorry. The schedule prepared da da shall be

[2:38:00] posted in a conspicuous location as determined

[2:38:02] by the building official. Such as?

[2:38:04] - Such as on. Yeah. Perfect. That's great. Okay, good.

[2:38:07] Thank you. Okay, thank you. Thank you.

[2:38:11] I think that's all the questions.

[2:38:12] Let's hear from the public. Does anybody from the public

[2:38:15] have comments to us

[2:38:17] concerning construction noise regulations?

[2:38:22] Okay, moving on to council discussion and deliberation.

[2:38:26] I thought we already had some, but that's fine.

[2:38:29] I have, you're good? Yeah. Okay Rich.

[2:38:32] - I'm good. Now that we

[2:38:34] understand it's Monday through Friday.

[2:38:38] - Okay. My comment is I would like it to be Monday

[2:38:42] through Friday, nine to five, not nine to six.

[2:38:47] I understand that's gonna extend it,

[2:38:49] but if you take weekends off

[2:38:51] and the traditional, you know, work hours of nine to five,

[2:38:56] maybe you're at your office,

[2:38:58] you're not in your apartment next to the pile driving those

[2:39:02] that I would request that change.

[2:39:03] What do people think of that? Do you think

[2:39:05] - That's so, so you still allowed

[2:39:08] to have construction activity,

[2:39:10] it just wouldn't be the 80 decibel.

[2:39:12] - No, you just know pile driving can, can you only scroll

[2:39:17] - To that?

[2:39:18] So, we'll sorry Mary, I'm, I don't mean to interrupt.

[2:39:20] I just thought it would be more productive if it's

[2:39:22] - On Yeah.

[2:39:23] 1 71 C. Yes.

[2:39:24] - So if we could just, - I'm suggesting the pile driving

[2:39:27] can only occur nine to five

[2:39:31] Monday through Friday.

[2:39:33] Okay. Not on Saturdays, Sundays national holidays or

[2:39:36] after 5:00 PM or before 9:00 AM Okay.

[2:39:39] In the week. Alright term.

[2:39:41] Does that seem reasonable for people's happiness? Okay.

[2:39:46] I think that's the only change I ended up having

[2:39:49] with the other one in B.

[2:39:51] Okay. So that's good.

[2:39:55] So with those changes,

[2:39:57] I think there's a motion on page 1 65

[2:40:01] that be able see those changes.

[2:40:03] That second reading in a red line form.

[2:40:08] - I move to approve first reading

[2:40:10] of ordinance 26 dash oh six for repealing chapter 8.44

[2:40:14] of the Avon municipal code regarding indoor

[2:40:17] face covering requirements

[2:40:18] and replacing it with construction noise regulations.

[2:40:21] - Second. - All those in favor please say aye. Aye.

[2:40:26] Aye. Those opposed? Please say nay.

[2:40:29] Okay, that passes six to zero. Great.

[2:40:32] Thank you Derek and Matt on getting us somewhere.

[2:40:35] It's been a long time coming

[2:40:36] but I think we're getting it to a good place finally.

[2:40:39] So that's great. Okay, we're on to item 6.6, which was added

[2:40:45] was formerly section item five point 10.

[2:40:49] This is the notice of award

[2:40:51] for heat recovery system expansion.

[2:40:53] We have director of engineering Eva Wilson.

[2:40:57] Thanks for staying Eva.

[2:41:05] So in our packet, I'm ready. Question?

[2:41:07] Yeah, let, let's go the packets.

[2:41:09] This is pages 70 and 71 of the packet.

[2:41:16] - Wait,

[2:41:21] - Go ahead Eva.

[2:41:24] - I thought I was up here for q

[2:41:25] - And a questions?

[2:41:26] Yes. Okay. Sorry. You're right.

[2:41:29] Ruthie, you had a question? Yeah,

[2:41:31] - My only question is why are we paying for this design

[2:41:36] and if we are,

[2:41:40] are we gonna charge utility costs or how is this working?

[2:41:44] - So I'll take that one.

[2:41:46] So we're, we've been working on design of it

[2:41:49] because it's our system and

[2:41:51] because console has said that they wanted to expand it

[2:41:53] and so we've been learning on what its current capacity is

[2:41:57] and then what its expansion potential is.

[2:41:59] So we get a, a initial report on it

[2:42:02] and the next step is really just a put together the

[2:42:05] design for expansion.

[2:42:06] That expansion is not just for lot B

[2:42:10] or lot three, it would also be able to serve portions

[2:42:15] of the Sun Road area to the north side.

[2:42:18] Now in working with lot B in the development agreement,

[2:42:23] what we put together, because remember there was a lot

[2:42:26] of moving parts and pieces that

[2:42:29] you doubled the mitigation requirements on the exterior

[2:42:33] energy offset from 50% to a hundred percent.

[2:42:35] And that created a very powerful financial

[2:42:37] incentive for them to look at.

[2:42:39] And then we also said we wanted to promote the heat recovery

[2:42:44] and that's really more, it's got a geographic location of

[2:42:49] where it can really get to.

[2:42:50] And this LA P was one of them.

[2:42:52] So in those discussions they said we will pay

[2:42:55] for the engineering of what we want that line

[2:43:00] extension to look like.

[2:43:01] And then they pay for the actual line extension

[2:43:04] and pay for going through their property.

[2:43:07] - So will we be designing, oh, excuse me, from here

[2:43:11] - To Sun Road or just here to be

[2:43:13] - Yeah, from the, the rec center to Sun Road.

[2:43:15] Okay. And then the other part of your question is, yes,

[2:43:19] we are working on a heat recovery utility where we would

[2:43:24] put in like almost the equivalent of water tap

[2:43:27] and then we would measure how much of this heated water

[2:43:30] that we pay money for to create

[2:43:32] how much of that they're pulling off.

[2:43:34] And then we would charge 'em a monthly bill.

[2:43:36] And so we're in the process of figuring out those policies

[2:43:39] and if there's code amendments

[2:43:41] and what that pricing looks like.

[2:43:43] - Thank - You Riva, qu Reba.

[2:43:49] Eva, thank you for being here.

[2:43:51] - Easy one. Great job. - Okay, great.

[2:43:55] - Oh, do I need to approve the motion, Val?

[2:43:59] - Yes we do. Well done. Yes, Gary.

[2:44:02] - Oh, Gary. Okay. I'm always

[2:44:04] - Isn't that he's no longer a rookie

[2:44:05] people I move to approve.

[2:44:09] - I'm having a lucid moment, so let me have,

[2:44:11] - Let enjoy it.

[2:44:14] - I move to approve the notice of award for the design

[2:44:16] of the heat recovery system expansion

[2:44:18] to CDM Smith in the amount of $99,817.

[2:44:24] - I second. - Thank you Gary and Ruthie.

[2:44:27] All those in favor? May I have one question? Oh

[2:44:29] - Yes.

[2:44:30] Okay. That motion, the total project cost is 1 0 9 7 9 9.

[2:44:33] So we're not gonna approve the contingency,

[2:44:35] we'll come back with the contingency

[2:44:36] - Amount.

[2:44:38] I'm gonna say tonight you can't go wrong

[2:44:40] because we're gonna be bringing to you budget amendments

[2:44:43] where we're gonna square up

[2:44:44] all the things we've been spending.

[2:44:46] So if we go this year, we'll have

[2:44:47] - Another bite at that.

[2:44:48] - Well, yes. Okay, we'll we will not go over 99,000

[2:44:52] before we're back with a budget amendment. Okay.

[2:44:54] - Sorry about the interruption.

[2:44:55] - That's quite all right. Not an interruption

[2:44:57] - Or as amended to the contingency amount.

[2:45:01] - Eva? Yeah, why don't you explain why you didn't ask

[2:45:04] for the 1 0 9 7 99? Yeah,

[2:45:07] - Let me clarify.

[2:45:08] This is the notice of award to the contract

[2:45:10] to the consultant and budget wise we're gonna work with Paul

[2:45:14] and add of 10% contingency in case we need it.

[2:45:18] So this is a notice of award for the contract, find

[2:45:21] - Contract amount. Okay. Okay.

[2:45:23] - So motion stands? - The motion stands.

[2:45:25] All those in favor of the motion as stated, please say aye.

[2:45:28] Aye. Aye. Aye. Those opposed please say nay.

[2:45:31] That also passes six to zero.

[2:45:36] We are onto item nine. Oh no we're not. We are.

[2:45:40] There's the written reports and then we have mayor

[2:45:42] and council comments and meeting updates.

[2:45:44] I'm sure people have things to say.

[2:45:46] I again wanted to congratulate Lindsay

[2:45:48] and Caleb on the birth of their daughter Brooklyn,

[2:45:54] while Ruthie pulls her up.

[2:45:57] I'm gonna ask Eric or, and Matt, you're here.

[2:46:03] Could you ask Patty Lehrman to

[2:46:07] watch the public input from Steph McBride?

[2:46:10] She had those questions about HOA contributions

[2:46:14] and I think it was in Mikasa and good deeds.

[2:46:17] And if somebody could reach out to Steph McBride

[2:46:19] and answer her questions about

[2:46:22] what she had a public comment, that would be great.

[2:46:26] Okay, Ruthie.

[2:46:28] - So I wanna remind everyone

[2:46:30] that we have Avon live tomorrow night.

[2:46:33] It's featuring the Rumble

[2:46:37] featuring Chief Joseph Boudreaux Jr.

[2:46:39] From New Orleans. So that should be a treat.

[2:46:43] And then Sunset Live is also on Sunday, August 2nd,

[2:46:47] featuring Cory Montgomery.

[2:46:49] That's all I've got.

[2:46:54] - And I would like to remind everyone

[2:46:57] that dancing in the Parch is on Thursday,

[2:47:00] August 6th at 5:30 PM m

[2:47:07] - And I would like to just let everybody know

[2:47:11] that I think we circulated the memo from the Water

[2:47:13] and Sand District staff,

[2:47:14] but we've had a,

[2:47:16] a pretty major reduction in water use in the Valley

[2:47:19] based on all the feedback and,

[2:47:22] and marketing

[2:47:24] and awareness of the current drought conditions.

[2:47:28] And so we've got a 24% reduction in overall water usage

[2:47:34] versus a three year rolling average

[2:47:35] and a 41% reduction in exterior outdoor use

[2:47:41] compared to the same three year rolling average.

[2:47:43] So who ready for us? And a lot of that it's broken down.

[2:47:48] The report that they have that we circulated around,

[2:47:50] I think is broken down by neighborhood.

[2:47:52] So it's pretty clear to see that it's across the board,

[2:47:55] it's excessive water users, it's it's top to bottom

[2:47:59] in the service area.

[2:48:01] So it's doing a, doing a a, a really good job.

[2:48:05] And plus, you know, we also have additional issues related

[2:48:08] to fishing closures, which I would just like

[2:48:11] to throw back out again.

[2:48:12] It's Eagle River is voluntary fishing closure issued

[2:48:15] by CPW from Lake Creek down to the Confluence

[2:48:18] with the Colorado and on the Colorado River from Red Dirt

[2:48:22] Creek down to I think rifle goes all the way to Rifle.

[2:48:28] And so those are voluntary restrictions

[2:48:30] and every time I drive down to Eagle for a meeting

[2:48:33] or for something else, I go down the old highway

[2:48:36] to see if there's anybody fishing.

[2:48:37] And if they are, I'll stop and talk to 'em,

[2:48:39] but I haven't found anybody fishing yet.

[2:48:42] So it's great. Good job everybody, including fishing guides

[2:48:46] for keeping people off the river and

[2:48:48] and protecting the resource.

[2:48:51] Other than that, I attended the QQ

[2:48:54] Northwest Cox QQ meeting on the 16th and,

[2:48:59] and they are in the process

[2:49:01] of updating the 2 0 8 water quality plan.

[2:49:05] I, I pinged Eva to see if we were currently,

[2:49:09] if we had adopted the 2 0 8 plan, which is this regulatory

[2:49:13] framework for water quality within given communities,

[2:49:17] Northwest Cog likes for everybody to adopt that.

[2:49:20] And so they're updating it.

[2:49:22] Ashley Bibe is updating the 2 0 8 plan

[2:49:25] and we'll be seeing a new one come through and,

[2:49:27] and I've asked that Eva and,

[2:49:32] and that Matt, we can bring this through

[2:49:34] and have it adopted by the town again

[2:49:36] and update the updated version of it.

[2:49:37] So that's, that's a good thing.

[2:49:40] And then Northwest Cox producing a lot of interesting

[2:49:44] reports right now they have a statistical analysis

[2:49:47] for resort communities.

[2:49:48] That's for all the, all the counties

[2:49:51] that are within the NW Cog sphere

[2:49:54] and that's a pretty interesting report

[2:49:58] and I've reached out to Anika

[2:50:00] to see if we can get John Stab in here to do a presentation.

[2:50:03] He gave a presentation,

[2:50:05] well he's doing one tonight I think at Frisco for this,

[2:50:09] for this report that their Northwest COG has, has produced,

[2:50:13] I think it was funded partially by a Dolo Graham.

[2:50:16] And so anyway, he's willing to come by

[2:50:19] and do a presentation maybe at one of our August meetings.

[2:50:23] And so that would be a great one.

[2:50:25] And there's a couple of other reports that he's been

[2:50:28] that are sort of in draft mode

[2:50:30] and so we're working on that as part of Northwest Cog.

[2:50:33] We have a Northwest cog retreat over in Basalt on the fifth

[2:50:38] and sixth, which I'll be attending.

[2:50:40] And Annika helped set up getting me booked into a hotel

[2:50:45] that's a tax exempt status over there, so,

[2:50:49] so I'll be staying over there for a a two day retreat

[2:50:52] for NW Cog and big agenda eight pages.

[2:50:56] So

[2:50:58] - That is big.

[2:50:59] Thanks for attending to that. Sure. Great. Yep.

[2:51:03] Anything else? No. Okay.

[2:51:04] I will now entertain a motion

[2:51:06] to retire into executive session for the purpose

[2:51:08] of receiving legal advice from the Avon Town attorney on

[2:51:11] specific legal questions pursuant

[2:51:13] to CRS 24 6 4 0 2 4 B

[2:51:17] regarding private parking lot regulatory authority.

[2:51:20] Do I hear such a motion? So be it.

[2:51:25] - Second. - Thank you Ruthie and Gary.

[2:51:28] Those in favor please say aye. A Aye. Aye.

[2:51:31] Those opposed, please say nay.

[2:51:33] That motion passes six to zero.

[2:51:35] I will add for the public's information

[2:51:37] and that of our partners at High five Access Media,

[2:51:39] which is streaming and recording for us right now,

[2:51:42] that no decisions will be made in executive session.

[2:51:45] And I expect that after our executive session is concluded,

[2:51:47] we will reenter regular session upstairs,

[2:51:50] adjourned from there

[2:51:51] and not return to these chambers tonight.

[2:51:53] The time is now 7:52 PM

[2:51:56] and this portion of the meeting is concluded.

[2:51:58] Thank you everybody. You.

Avon Town Council

Agenda

Transcript