TC Minutes 05-26-2020
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order
at 5:03 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra
Underwood, Jennie Fancher, and Jake Wolf. Councilor Scott Prince was connected but his video/audio had
paused. Councilor Chico Thuon was absent. Also present were Mobility Director Eva Wilson, Public Works
Director Gary Padilla, Human Resources Director Lance Richards, Town Attorney Paul Wisor, Police Chief
Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, Town Manager Eric Heil, and Town Clerk
Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:54 Part One
Councilor Fancher moved to approve the agenda as presented. Councilor Underwood seconded the motion
and the motion passed by a vote of 5 to 1. Councilor Wolf voted no. Councilor Thuon was not present.
Councilor Thuon joined the meeting by video/audio at 5:04 p.m.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:34 Part One
No conflicts of interest were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:01:47 Part One
Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email
for public comments.
Andrew Wymore, a part-time Avon resident, requested Council to reconsider the cancellation of the annual
Salute to the USA event, which it is the largest firework show in all the State of Colorado.
5. BUSINESS ITEMS
5.1. AVON PD SWEARING IN AND BADGE PINNING OF OFFICER ANDRES “ANDY” SANDOVAL (POLICE CHIEF GREG DALY)
Video Start Time: 00:04:12 Part One
Avon Police Chief Greg Daly introduced the new Police Officer Andres Sandoval. Town Clerk Brenda
Torres administered the Oath of Office. Officer Sandoval’s family was present, and his brother Manuel
Sandoval pinned on his badge.
5.2. AVON PD ANNUAL PRESENTATION (POLICE CHIEF GREG DALY)
Video Start Time: 00:10:15 Part One
Chief Greg Daly presented the 2019 annual Avon Police Department report and an update for the first
half of 2020. He answered questions from Council and thanked them for their support. Council
members congratulated the Avon PD for their outstanding job.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.3. AVON PD AWARDS PRESENTATION (POLICE CHIEF GREG DALY)
Video Start Time: 00:51:12 Part One
Chief Greg Daly presented the Avon Police Department Awards for 2019 and first half of 2020 to
recognize staff members who have made exceptional contributions beyond their normal duties and
first responders and community members for their contributions.
5.4. AVON PD FLEET REPORT FOR DISCUSSION (POLICE CHIEF GREG DALY)
Video Start Time: 01:24:23 Part One
Chief Greg Daly provided an update on the Police Department vehicles and explained the request for
two additional vehicles for the new Sergeants. Council members expressed their support but also their
concern about the budget. After Council discussion, they agreed to review this request in October
during the annual budget cycle.
5.5. PUBLIC HEARING: RESOLUTION 20-14 AMENDING THE TOWN OF AVON GENERAL FUND, EQUIPMENT REPLACEMENT
FUND AND COMMUNITY HOUSING FUND (ASSISTANT TOWN MANAGER AND FINANCE DIRECTOR SCOTT WRIGHT)
Video Start Time: 01:43:00 Part One
Finance Director Scott Wright presented. He explained this is a typical process at this time of year but
with COVID-19, it is not a typical situation. He answered questions from Council.
Mayor Smith Hymes opened the Public Hearing and no public comments were made.
Councilor Fancher moved to approve Resolution 20-14 A Resolution Summarizing Expenditure and
Revenues by Fund and Amending the 2020 Budget for the Town of Avon, Colorado, for the Calendar
Year Beginning on the First Day of January 2020 and Ending on the Last Day of December 2020. Mayor
Pro Tem Phillips seconded the motion and the motion passed 6 to 0. Councilor Prince was away from
his computer.
RECESS TO ALLOW AVON TOWN COUNCIL TO CONVENE AS THE AVON URBAN RENEWAL AUTHORITY BOARD
Video Start Time: 01:55:37 Part One
Councilor Underwood moved to recess the Avon Town Council to convene as the Avon Urban Renewal
Authority Board. Mayor Pro Tem Phillips seconded the motion and it passed with a vote of 6 to 0. Councilor
Prince was away from his computer. The time was 6:59 p.m.
RECONVENE THE AVON TOWN COUNCIL MEETING
Video Start Time: 02:02:10 Part One
Chairwoman Smith Hymes moved to reconvene the Avon Town Council meeting. The time was 7:05 p.m.
5.6. RESOLUTION NO. 20-15 AUTHORIZING DEED RESTRICTION HOUSING PROGRAM (TOWN MANAGER ERIC HEIL AND
TOWN ATTORNEY PAUL WISOR)
Video Start Time: 00:00:03 Part Two
Town Attorney Paul Wisor presented. Several edits were suggested by Council members. Town
Manager Eric Heil suggested to continue this item to the June 9, 2020 meeting so staff can revise the
language.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Mayor Pro Tem Phillips moved to table Resolution 20-15 Authorizing Deed Restriction Housing
Program in order to clean up the language and have a clear concise document to be reviewed in the
June 9th meeting. Councilor Wolf amended the motion. Mayor Pro Tem Phillips accepted that
amendment. Councilor Wolf seconded the motion and the motion passed unanimously.
5.7. FIRST READING OF ORDINANCE NO. 20-06 AMENDING SECTION 3.12.110 OF THE AVON MUNICIPAL CODE TO
AUTHORIZE ALLOCATION OF A PORTION OF REAL ESTATE TRANSFER TAX REVENUE TO THE COMMUNITY HOUSING FUND
(TOWN MANAGER ERIC HEIL)
Video Start Time: 00:35:22 Part Two
Town Manager Eric Heil explained that this Ordinance authorizes Council to allocate up to 10% of
RETT revenues each year. The actual allocation would be determined as part of the annual budget
process. Council will get a proposal from the Town Manager and Finance Director and will then decide.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Underwood moved to approve the first reading of Ordinance 20-06 Amending Section
3.12.110 of the Avon Municipal Code to Authorize Allocation of a Portion of Real Estate Property
Transfer Tax Revenue to the Community Housing Fund. Councilor Fancher seconded the motion and
the motion passed unanimously.
5.8. WORK SESSION: ICE RINK PRESENTATION: ICE SKATING ON NOTTINGHAM LAKE (GARY PADILLA & LANCE RICHARDS)
Video Start Time: 00:38:03 Part Two
Town Manager Eric Heil summarized the four options described in his report. Public Works Director
Gary Padilla took a moment to recognize the Public Works team and how hard they work. Human
Resources Lance Richards and Public Works Superintendent Drew Isaacson were also present and
answered questions from Council.
The majority of Council felt that it is worth a pilot program year of skating on the lake, even if just for
a few weeks. Mayor Smith Hymes would like to explore keeping the hockey rink on the field in addition
to the lake skating, so we are guaranteed some type of skating even if weather does not allow for
skating on the lake. Mayor Pro Tem Phillips and Councilor Wolf would also like to keep ice on the field.
Councilor Prince does not agree with the pilot program and said it is about safety in relation with
weather. For Mayor Pro Tem Phillips and Councilor Prince it is also a budget decision. Councilor Wolf
and Councilor Prince do not agree with the dock being removed.
Town Manager Eric Heil said a report with a list of expenses and a staff plan will be presented at the
June 23rd meeting. Mayor Smith Hymes requested to add costs of the field ice in this report. Mayor
Pro Tem Phillips intends to find one or two businesses that could bid for snow removal on the lake to
use their numbers versus estimates.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.9. PUBLIC HEARING: EMERGENCY ORDINANCE NO. 20-07 AUTHORIZING ADMINISTRATIVE APPROVAL OF LIQUOR LICENSE
PREMISE MODIFICATION (TOWN MANAGER ERIC HEIL)
Video Start Time: 01:11:10 Part Two
Town Attorney Paul Wisor said this is an effort from the Town and the State to help accommodate
restaurants continuing service given the current crisis. Ordinance 20-07 will sunset when Council
declares the local disaster emergency no longer exists.
Mayor Smith Hymes opened the Public Hearing and no public comments were made.
Councilor Underwood moved to approve first and final reading of Emergency Ordinance 20 -07
Amending Section 5.08.150(a) of the Avon Municipal Code to Provide More Efficient Processing of
Modification of Liquor Licensed Premises. Councilor Wolf seconded the motion and the motion
passed unanimously.
5.10. RESOLUTION NO. 20-16 GRANTING THE MAYOR, MAYOR PRO-TEM AND TOWN MANAGER AUTHORITY TO DECLARE
A LOCAL EMERGENCY (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 01:26:40 Part Two
Town Attorney Paul Wisor presented. Councilor Underwood suggested to add “respectively” to the
language to read “The Avon Town Council hereby grants the Mayor, the Mayor Pro-Tem, the Town
Manager, and their respective designees, respectively, the authority to declare a local disas ter
emergency.” There was an extensive discussion on who is in charge and who should have this kind of
power as Councilor Wolf disagreed with the language. He believes that every Council member should
be able to declare a local emergency.
Mayor Smith Hymes called for public comments and Michael Cacioppo commented. He said that the
Mayor and Mayor Pro Tem are the right people to declare an emergency as they are elected officials
and not employees and they could be recalled by voters.
Councilor Fancher moved to approve Resolution 20-16 Granting the Mayor, Mayor Pro-Tem and Town
Manager or Other Designees Authority to Declare a Local Disaster. Mayor Pro Tem Phillips seconded
the motion and the motion passed unanimously.
5.11. RESOLUTION NO. 20-17 ESTABLISHING LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS (TOWN MANAGER
ERIC HEIL)
Video Start Time: 01:49:43 Part Two
Town Manager Eric Heil presented.
Mayor Smith Hymes called for public comments and mentioned that there was a comment received
via email from Russell Andrade inquiring about the definition of a food truck.
After Council discussion, Town Manager Eric Heil suggested to add at the end of the first sentence in
section two “provided such food truck vendor is operated by an existing restaurant in Avon.” Mayor
Pro Tem Phillips suggested to change “existing restaurant” to “existing food and beverage
establishment.”
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Councilor Wolf moved to approve Resolution 20-17 Establishing Locations and Maximum Number of
Food Trucks as amended. Councilor Underwood seconded the motion and the motion passed
unanimously.
5.12. APPROVAL OF MINUTES FROM MAY 12, 2020 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES)
Video Start Time: 02:10:57 Part Two
Councilor Fancher moved to approve the minutes from May 12, 2020 regular Council meeting.
Councilor Underwood seconded the motion and the motion passed by a vote of 6 to 1. Councilor Wolf
voted no.
6. WRITTEN REPORTS
6.1. POLICE DEPARTMENT DISPOSITION ON FORFEITED PROPERTIES FOR 2019 (POLICE CHIEF GREG DALY)
6.2. MUSICAL INSTRUMENTS (INTERN CHARISE BISHOP)
6.3. SUMMER UN-EVENTS UPDATE (CASE MANAGER DANITA DEMPSEY)
6.4. MAY 19TH PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER)
6.5. MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT NELLY BURNS)
7. MAYOR & C OUNCIL COMMENTS & MEETING UPDATES (10 MINUTES)
Video Start Time: 02:11:46 Part Two
Councilor Underwood requested staff to provide the Town Clerk Brenda Torres the right audio equipment
for the next virtual meeting.
Councilor Wolf thanked Public Works Director Gary Padilla and his team for the successful Town Cleanup
week. He also thanked Town Attorney Paul Wisor for all his amazing work and said hiring Paul was one of
the best decisions that he has made as Council member. He closed his comments inviting front-line workers
who appreciate music to enjoy live music this Friday at Agave.
Mayor Smith Hymes reminded the public about Town Cleanup day on Saturday May 30th, 2020.
Andrew Wymore commented that Council is doing an awesome job and repeated that he would like
Council to reconsider cancelling the fireworks display. Town Manager Eric Heil explained the dilemma of
hosting the fireworks and suggested Mr. Wymore to check the staff report from the April 28th Council
meeting.
8. EXECUTIVE SESSION P URSUANT TO C.R.S. §24-6-402(4)(A) FOR DISCUSSION OF THE POTENTIAL PURCHASE OF REAL
ESTATE AND (B) FOR RECEIVING LEGAL ADVICE FROM THE TOWN ATTORNEY CONCERNING A POTENTIAL COMMUNITY
HOUSING P ROJECT.
Video Start Time: 02:25:48 Part Two
Executive Session was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes moved to convene
into Executive Session Pursuant to C.R.S. §24-6-402(4)(A) for Discussion of the Potential Purchase of Real
Estate and (B) for Receiving Legal Advice from the Town Attorney Concerning a Potential Community
Housing Project. Councilor Underwood seconded the motion and the motion passed unanimously. The
time was 9:34 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 26, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Council members present were Tamra Underwood, Jennie Fancher, Chico Thuon, Amy Phillips, Scott Prince
and Jake Wolf. Also present were Town Attorney Paul Wisor, Town Manager Eric Heil, and Executive
Assistant to the Town Manager Ineke de Jong.
Mayor Smith Hymes made a motion to end the Executive Session. The time was 9:49 p.m.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:49 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office,
and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
Brenda Torres, Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood