TC Minutes 06-23-2020
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 23, 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 5:00 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra
Underwood, Jake Wolf, Scott Prince, and Chico Thuon. Councilor Fancher 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: 00:00:35
Councilor Fancher joined at 5:01 p.m.
Mayor Smith Hymes pulled off item 7.3 from the written reports and added it as business item 5.3A.
Councilor Underwood requested to pull item 7.4 from the written reports. Mayor Smith Hymes put this as
business item 5.7.
Mayor Pro-Tem Phillips requested to pull item 6.2 from the consent agenda. Mayor Smith Hymes put this
as business item 5.4A.
Councilor Wolf requested to pull items 6.5 and 6.1 from the consent agenda. Mayor Smith Hymes put these
as business items 5.8 and 5.9. He also requested to add a discussion to update the Town Charter and a
discussion about Rank Choice Voting under future agendas.
Councilor Underwood moved to approve the agenda as amended. Councilor Fancher seconded the motion
and it passed by a vote of 6 to 1. Councilor Wolf voted no.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:07:05
Town Attorney Paul Wisor disclosed that Councilor Wolf has been asked to perform at Town produced or
Town sponsored concerts this summer and he will be compensated for those services. Councilor Wolf
clarified that he is unable to access income throughout this pandemic because he receives a stipend from
the Town by serving on Council. He said that the Charter needs to be changed to fix this issue.
Councilor Underwood moved to waive any conflict of interest for Councilor Wolf under section
2.30.060(11). Mayor Pro Tem Phillips seconded the motion and the motion passed by a vote of 5 to 1.
Councilor Prince voted no and commented that this is clear conflict of interest. Councilor Wolf recused
himself from the vote.
4. PUBLIC COMMENT
Video Start Time: 00:12:25
Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email
for public commenting.
Reece Wilkins, an Avon resident, commented he has been driving to Eagle to use their wave park and asked
if Council would consider building a wave park in Avon in the future.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5. BUSINESS ITEMS
5.1. PROCLAMATION FOR JUDY POPECK (ASSISTANT TOWN MANAGER AND FINANCE DIRECTOR SCOTT WRIGHT)
Video Start Time: 00:18:54
Finance Director Scott Wright commented that Judy Popeck expressed her gratitude to the Town for
this proclamation and the gift she received. Mayor Smith Hymes read the proclamation honoring Judy
Popeck for her 19 years of service for the Town of Avon.
5.2. UPDATE ON COMMUNITY RELIEF GRANTS (TSU WOLIN-BROWN, SALVATION ARMY AND COMMUNICATIONS MANAGER
ELIZABETH WOOD)
Video Start Time: 00:23:45
Communications Manager Liz Wood presented an update about the community relief grants funding.
Tsu Wolin-Brown joined the meeting and highlighted the work of the Salvation Army since the
pandemic began. She had audio problems and could not finish her update. Communications Manager
Liz Wood answered questions from Council. Mayor Smith Hymes thanked Tsu Wolin-Brown for all the
hard work they have been doing and said that Council will send questions, if any, by email since she
was unable to reconnect to the meeting.
5.3. RECEIPT OF AUDIT REPORT (FINANCE DIRECTOR SCOTT WRIGHT)
Video Start Time: 00:32:35
Finance Director Scott Wright, along with Matt Miller and Paul Backes of McMahon & Associates
presented to Council. They explained the audit process, provided some financial highlights, and
answered questions.
Councilor Underwood asked to add a footnote about the pandemic because in ten years not everyone
may remember it happened during this time. Councilor Prince agreed.
Mayor Smith Hymes asked for public comments and none were made.
Councilor Fancher moved to accept the 2019 Comprehensive Annual Financial Report. Mayor Pro Tem
Phillips seconded the motion. Councilor Fancher amended the motion to add the note about the
current situation regarding COVID-19. Mayor Pro Tem Phillips approved the amendment. The
amended motion passed unanimously.
5.3A. PULLED WRITTEN REPORT 7.3 MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT NELLY BURNS)
Video Start Time: 00:59:51
Town Manager Eric Heil and Finance Director Scott Wright answered questions and discussed the April
financial report with Council.
Mayor Smith Hymes called for public comments and no public comments were made.
5.4. WORK SESSION: WILDRIDGE COVENANTS (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 01:10:20
Town Attorney Paul Wisor presented. He explained that the Town is not required to enforce the
provisions of the Covenants and Design Guidelines and that the Town may be able to eliminate the
Covenants through a quiet title action or condemnation. The Town could act, subject to significant
public input.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Councilor Prince requested this Power Point presentation be made available to the public on the
website. It will be made available on Avon.org under Town Initiatives.
Mayor Smith Hymes asked for public comments.
Jack Gardner commented he disagrees with the Town Attorney on the land use and suggested to
proceed with the Wildridge survey as soon as possible.
Dee Wisor asked a question via email about the state law prohibiting the operation of off-highway
vehicle operation on streets and roads unless the town authorized it by ordinance or resolution.
Leslie Roubos expressed concerns about open space.
David Strandjord asked a question about Covenants regarding short-term rentals in Wildridge.
5.4A. PULLED CONSENT AGENDA 6.2 APPROVAL OF WILDRIDGE COMMUNITY SURVEY (PLANNING DIRECTOR MATT
PIELSTICKER)
Video Start Time: 01:56:45
Planning Director Matt Pielsticker presented the final version of the survey. He thanked everyone who
provided input and attended the community meeting. Council members suggested more changes to
question #12.
Mayor Smith Hymes asked for public comment.
Paula Lutomirski commented. She suggested to simplify the answers to “Yes or No” instead of having
the questions scaled from 1 to 5.
Council agreed staff can talk to the consultant about the suggestions made. They also agreed this does
not need to be brought back before Council. Councilors Prince suggested to put a sample survey out
to a test group of 10-15 Wildridge residents and get their input before this is open to everyone.
5.5. UPDATE ON HOLY CROSS ELECTRIC MAINTENANCE AND WEST AVON PRESERVE TRAILS RESTORATION (PLANNING
DIRECTOR MATT PIELSTICKER)
Video Start Time: 02:16:48
Planning Director Matt Pielsticker presented and gave credit to the Vail Valley Mountain Trail Alliance
(VVMTA) for their efforts. Town Manager Eric Heil mentioned he attended last week's site tour and
expressed there is direct awareness by the President and Board of Directors of Holy Cross Energy
(HCE).
Ernest Saeger with VVMTA joined the meeting and thanked staff for taking the time to come out and
tour the area. He spoke about the lack of water bars and the need for revegetation to start as soon as
possible. He expressed that the trail alignment should be tackled in the fall.
Jamie Malin, President of VVMTA, joined and made a comment that it is heartbreaking that the work
on the trails over the last 8 years has been undone.
Councilor Thuon suggested a temporary solution could be to use $15,000 of the HCE Community Fund
to do some quick repairs. Town Manager Eric Heil explained the next step is meeting on-site with the
HCE President to walk all affected areas. He will follow up with Council once next steps are known.
Councilor Prince expressed that Council should be proactive and investigate easements for HCE when
they need to work on the powerlines.
Mayor Smith Hymes asked for public comments and no public comments were made.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.6. APPROVAL OF INTERGOVERNMENTAL AGREEMENT FOR CARES ACT DISTRIBUTION (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 02:42:31
Town Attorney Paul Wisor explained that the State has determined they will allocate funds to local
governments. These funds will go to the County and the County will distribute to smaller communities.
He explained there is a standard Intergovernmental Agreement that has been prepared by DOLA and
once processed, the Town should receive $564,000. Town Manager Eric Heil clarified these funds are
meant to cover direct expenditures related to COVID-19 and are not making up lost revenue.
Mayor Smith Hymes asked for public comments and none were made.
Councilor Underwood moved to approve Resolution 20-19 Approving the Collaboration Agreement
between Eagle County and the Town of Avon for the Purpose of obtaining reimbursement for COVID-
19 related expenses. Mayor Pro Tem Phillips seconded the motion and the motion passed
unanimously.
5.7. PULLED WRITTEN REPORT 7.4 AVON ROAD/HURD LANE INTERSECTION SAFETY REPORT (TOWN ENGINEER JUSTIN
HILDRETH)
Video Start Time: 02:50:22
Town Engineer Justin Hildreth explained the situation at the intersection of Avon Road and Hurd Lane
and answered questions from Council. Council’s consensus was to hire a consultant and have the
study done.
5.8. PULLED CONSENT AGENDA 6.5 NOTICE OF AWARD – H.A. NOTTINGHAM PARK PAVILION DECK WATERPROOFING
REPAIR PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 03:00:30
Town Engineer Justin Hildreth presented about the stage waterproofing project. Councilor Wolf
expressed he is nervous and has concerns with the floor drains.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Prince moved to authorize issuance of Notice of Award for the H.A. Nottingham Park
Pavilion Waterproofing Repair Project contract to the low bidder, Phoenix Industries, in the amount
of $248,500 as approved in the Town of Avon 2020 Capital Projects Fund. Councilor Fancher seconded
the motion and it passed by a vote of 5 to 2. Councilor Wolf and Councilor Underwood voted no.
5.9. PULLED CONSENT AGENDA 6.1 APPROVAL OF MINUTES FOR JUNE 9, 2020 COUNCIL MEETING (TOWN CLERK BRENDA
TORRES)
Video Start Time: 03:07:00
Councilor Underwood asked staff to always present the minutes on the business agenda and not as
part of the consent agenda. Councilor Fancher moved to approve the Minutes from June 9, 2020.
Mayor Pro Tem Phillips seconded the motion and the motion passed by a vote of 6 to 1. Councilor
Wolf voted no.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
6. CONSENT AGENDA
Video Start Time: 03:09:02
6.1. Approval of Minutes for June 9, 2020 Council Meeting (Town Clerk Brenda Torres)
6.2. Approval of Wildridge Community Survey (Planning Director Matt Pielsticker)
6.3. Approval of Purchasing Recycling Can (Public Works Superintendent Drew Isaacson)
6.4. Approval of Locker Room Remodel (Recreation Director John Curutchet)
6.5. Notice of Award – H.A. Nottingham Park Pavilion Deck Waterproofing Repair Project (Town Engineer
Justin Hildreth)
Councilor Wolf moved to approve the remaining items on the Consent Agenda. Mayor Pro Tem Phillips
seconded the motion and the motion passed unanimously.
7. WRITTEN REPORTS
7.1. Upper Eagle Regional Water Authority May 28, 2020 Meeting Summary (Mayor Smith Hymes)
7.2. June 16th Planning and Zoning Commission Meeting Abstract (Planning Director Matt Pielsticker)
7.3. Monthly Financial Report (Senior Accountant Nelly Burns)
7.4. Avon Road/Hurd Lane Intersection Safety Report (Town Engineer Justin Hildreth)
7.5. 2020 Capital Improvement Project Update (Town Engineer Justin Hildreth)
7.6. Legislative Session Update (Intern Charise Bishop)
8. MAYOR & C OUNCIL COMMENTS & MEETING UPDATES (10 MINUTES)
Video Start Time: 03:09:56
Councilor Fancher commented on the weeds growing on the Avon Road roundabouts and the areas
to/from Eagle Vail to Avon. She suggested that staff contacts someone at Eagle Vail to bring it to their
attention as the areas look unsightly. She thanked Public Works Director Gary Padilla for working on the
ground squirrel problem.
Councilor Underwood also commented about the weeds on Avon Road, not the medians but the side
banks, especially by the bridge and by the front door of the Recreation Center. She requested to add these
two places to the list of areas that need attention.
Councilor Wolf asked the public to be respectful when attending AvonLIVE! tomorrow night. It’s the first
outdoor music event in Colorado. Town Manager Eric Heil explained the current Public Health Order. He
intends to close Lake Street for pedestrian safety. Mayor Smith Hymes reminded the public that no dogs
are allowed and there will be no food vendors.
Chico Thuon wanted to put on everyone's radar that President Trump dictated there will be no J-1 visas
allowed for this upcoming winter which will make the situation more complicated.
Mayor Pro Tem Phillips wanted to clarify events this summer and spoke about AvonLIVE! on Wednesdays,
the event with live music in the Ein Prosit parking lot on Thursday nights and SunsetLIVE! on Sundays. All
events are BYOB and bring your own picnic.
Sarah Smith Hymes mentioned the Home for Hounds project unveiled this afternoon. She encouraged
everyone to come see the dog houses on the Main Street Mall and vote for their favorites. She thanked
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Intern Charise Bishop for writing the legislative update report. She mentioned she has received lots of
inquiries about a mask wearing ordinance to mandate masks inside grocery stores. She asked Council
members to at least think about it. After some discussion, Council suggested to maybe put a message on
the electronic messaging boards with a simple message like “Please wear your masks."
Michael Cacioppo made a public comment. He mentioned that in Thursday's Business Briefs newspaper
there will be an article about face masks in Glenwood Springs.
9. EXECUTIVE S ESSION
Video Start Time: 03:35:47
9.1. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE PURSUANT CRS §24-6-402(4)(B) AND FOR THE PURPOSE OF
NEGOTIATIONS PURSUANT TO CRS §24-6-402(4)(E) BUFFALO RIDGE SALE AGREEMENT (TOWN ATTORNEY PAUL
WISOR)
9.2. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE PURSUANT CRS §24-6-402(4)(B) REGARDING EXISTING COMMERCIAL
COVENANTS AND RESTRICTIONS IN EAST AVON (TOWN ATTORNEY PAUL WISOR)
Mayor Smith Hymes moved to convene into Executive Session for the purpose of receiving legal advice
pursuant CRS §24-6-402(4)(b) and for the purpose of negotiations pursuant to CRS §24-6-402(4)(e)
Buffalo Ridge Sale Agreement; and for the purpose of receiving legal advice pursuant CRS §24-6-
402(4)(b) regarding existing commercial covenants and restrictions in East Avon. Councilor
Underwood seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted
no.
Executive Session was hosted in a virtual format, using Zoom.us. Council members present were
Tamra Underwood, Jennie Fancher, Amy Phillips, Scott Prince and Jake Wolf. Council took a quick
recess to wait for Councilor Thuon to virtually arrive. Councilor Thuon joined at 8:48 p.m. Also present
were Town Manager Eric Heil, Town Attorney Paul Wisor, and Executive Assistant to the Town
Manager Ineke de Jong.
Executive Session started at 8:44 p.m.
Councilor Thuon left the meeting at 9:49 p.m.
Executive Session ended at 10:03 p.m.
10. B USINESS I TEM C ONTINUED
10.1. P OTENTIAL APPROVAL OF BUFFALO RIDGE SALE AGREEMENT (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 03:37:35
The regular meeting was back in progress at 10:07 p.m. Council members present were Tamra
Underwood, Jennie Fancher, Amy Phillips, Scott Prince and Jake Wolf. Councilor Thuon was absent.
Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daly,
Executive Assistant Ineke de Jong, and Town Clerk Brenda Torres.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Councilor Wolf commented about why he voted no to the motion to go into Executive Session. He
commented that running an Executive Session that late in the evening is not productive for
Councilors as they don't work well together that late in the evening.
Councilor Fancher asked Town Attorney Paul Wisor to explain the open meetings law.
Mayor Smith Hymes announced that Council will cancel the Avon Housing Authority Meeting
scheduled for tonight and will reschedule it for a later date.
11. A DJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 10:15 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