[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.