TC Minutes 07-28-2020
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 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 5:02 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra
Underwood, Jake Wolf, Scott Prince, Chico Thuon, and Jennie Fancher. Also present were Town Attorney
Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, and Town Clerk
Brenda Torres. Town Manager Eric Heil joined at 5:04 p.m.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:36
Mayor Smith Hymes pulled off item 6.5 Council Elections from the written reports and added it as business
item 5.0.
Councilor Underwood moved to approve the agenda as amended. Councilor Fancher seconded the motion
and the motion 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: 00:01:51
No conflicts of interest were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:02:10
Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email
for public comments.
No public comments were made.
5. BUSINESS ITEMS
5.0. PULLED WRITTEN REPORT 6.5 ELECTIONS REPORT (TOWN CLERK BRENDA TORRES)
Video Start Time: 00:03:24
Town Attorney Paul Wisor gave a brief summary about how the November 3, 2020 Elections will be
conducted. He encouraged members of the community interested in becoming an Avon Council
member to fill out their nomination petition forms, available in the afternoon of August 3rd, 2020 at
the Avon Clerk’s office. Please visit www.avon.org/elections for more information. Town Manager Eric
Heil confirmed notifications will be posted on the Town’s social media.
Mayor Smith Hymes asked for public comment and no comments were made.
5.1. PUBLIC HEARING – MAJOR DEVELOPMENT PLAN APPLICATION FOR FOUR (4) DWELLING UNITS ON LOT 6 AND LOT 7,
RIVERFRONT SUBDIVISION (TOWN PLANNER DAVID MCWILLIAMS)
Video Start Time: 00:12:17
Town Planner David McWilliams presented. Town Engineer Justin Hildreth and Pedro Campos and Jim
Telling of East West Resort Development also joined the meeting to present and answer questions
from Council. David Kaselak, the lead architect on this project, was the last one to present and
provided some insight about the plan and recapped the architecture.
Mayor Smith Hymes asked for public comment and no comments were made.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Councilor Underwood clarified the conditions proposed by the Town Planner David McWilliams. She
added, “…needs to be in collaboration with the Eagle River Water and Sanitation District Tract H” after
“A satisfactory irrigation plan” to condition #1. No changes to condition #2. Strike out “duplex 4 blue
spruce” and add “includes particularly the corner of duplex number 4“ after “realigning the Eagle
Valley Trail” on condition #3.
Councilor Underwood moved to approve the Major Development Plan application for four dwelling
units on Lot 6 and Lot 7, Riverfront Subdivision per the conditions set forth in the staff report as
amended by Councilor Underwood and the findings 1-5 as set forth in the staff report. Mayor Pro Tem
Phillips seconded the motion and the motion passed unanimously.
5.2. STRATEGIC PLAN 2ND QUARTER UPDATE (TOWN MANAGER ERIC HEIL)
Video Start Time: 01:50:40
Town Manager Eric Heil gave a summary of his second quarter report and discussed each line item of
the strategic plan. Council had several comments about the bike share program and e-bikes. Councilor
Wolf proposed to get scooters for the town.
Town Manager Eric Heil mentioned a work session is scheduled for August 25th for Council to provide
input for the 2021 strategic plan. Councilor Underwood expressed she feels that the strategic plan
needs to be changed into long-term multi-year goals. He expressed our current plan may be more of
a workplan than a strategic plan, but it has an important place at the staff level. A visionary document
can be something separate and is something that we do not currently have.
Mayor Smith Hymes called for public comments. C Crane joined the meeting to make a public
comment, but he/she had technical difficulties and was not able to connect. Staff reached out via
email to follow up but did not receive any response.
5.3. FIRST READING ORDINANCE NO. 20-09: AMENDMENT OF SECTION 3.08 OF AVON MUNICIPAL CODE TO PROVIDE FOR
THE COLLECTION OF TAXES ON REMOTE SALES (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 02:13:13
Town Attorney Paul Wisor and Finance Director Scott Wright presented and answered questions from
Council. Town Attorney Paul Wisor explained that, in order to assure the Town is able to collect sales
taxes from out-of-state retailers without a physical presence in Avon, the Town has entered into an
agreement with the State to join SUTS (Sales and Use Tax Software system). He mentioned the
language was developed by the Colorado Municipal League and the Colorado Department of Revenue
and is not subject to change, in order to be uniform throughout the state.
Mayor Smith Hymes asked for public comment and no comments were made.
Councilor Underwood moved to approve first reading of Ordinance 20-09 Amending Chapter 3.08 of
the Avon Municipal Code to provide for the collection of taxes on remote sales and set a public hearing
for second reading on August 11, 2020. Mayor Pro Tem Phillips seconded the motion and the motion
passed unanimously.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.4. FIRST READING ORDINANCE NO. 20-10 AMENDING SECTION 12.04.380 OF THE AVON MUNICIPAL CODE TO REQUIRE
THE INSTALLATION OF CONDUIT IN PUBLIC STREETS (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 02:25:40
Town Attorney Paul Wisor explained Ordinance 20-10 would codify the Dig Once policy, which
mandates the inclusion of broadband conduit (flexible plastic pipes which can be used to more easily
install fiber-optic communications cable) during the construction of any road, so fiber and broadband
can be installed with greater ease in the future. He mentioned Ordinance 20-10 also empowers the
Town Manager and the Public Works Director to adopt whatever regulations it may deem necessary
to implement and enforce the provisions of the ordinance.
Councilor Underwood inquired if the Town Engineer, Justin Hildreth, should be part of the review,
which Town Attorney Paul Wisor will follow up on.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Fancher moved to approve first reading of Ordinance 20-10 Amending Section 12.04.380 of
the Avon Municipal Code to require the installation of conduit in public streets and set a public hearing
for second reading on August 11, 2020. Mayor Pro Tem Phillips seconded the motion and the motion
passed 6 to 1. Councilor Wolf voted no.
5.5. APPROVAL OF MINUTES FOR JUNE 23, 2020 COUNCIL MEETING (TOWN CLERK BRENDA TORRES)
Video Start Time: 02:31:17
Councilor Underwood moved to approve the minutes from June 23, 2020 regular Council meeting.
Mayor Pro Tem Phillips seconded the motion and the motion passed by a vote of 5 to 2. Councilor
Wolf and Councilor Thuon voted no.
5.6. APPROVAL OF MINUTES FOR JUNE 30, 2020 SPECIAL COUNCIL MEETING (TOWN CLERK BRENDA TORRES)
Video Start Time: 02:32:40
Councilor Underwood moved to approve the minutes from June 30, 2020 special Council meeting.
Councilor Fancher seconded the motion and the motion passed by a vote of 5 to 2. Councilor Wolf
and Councilor Thuon voted no.
6. WRITTEN REPORTS
6.0. Upper Eagle Regional Water Authority June 25, 2020 Meeting Summary (Mayor Smith Hymes)
6.1. July 7th & July 21st Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
6.2. Monthly Financial Report (Senior Accountant Nelly Burns)
6.3. Quarterly RETT Report (Senior Accountant Nelly Burns)
6.4. Council Elections Report (Town Clerk Brenda Torres)
6.5. Town Manager Report (Town Manager Eric Heil)
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
7. MAYOR & C OUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:34:26
Mayor Smith Hymes commented about the idea of the development of a commuter line on the Union
Pacific (UP) Railroad. The issue, aside from Union Pacific approval, is funding. She had a call with Senator
Bennett's office to discuss if there is any potential for federal funding. A commuter rail line in Eagle County
has been attempted several times over the years and she will try to keep talking about it with the County.
The group is trying to get the stakeholder group involved in August to be proactive about seeing what UP
would require to make this a reality. Councilor Underwood thanked Mayor Smith Hymes for her time and
energy in these efforts.
Michael Cacioppo made a public comment about the noise of the train tracks when they were in service.
He said houses were shaking and questioned if we want that again in Eagle County.
Mayor Smith Hymes explained that if the stakeholders don’t support it, it won’t get off the ground and
there is a significant difference between freight trains versus light rails.
Councilor Thuon commented he would prefer to keep Council meetings in a virtual format with the
reemergence of COVID-19 cases.
Councilor Wolf asked when the last opportunity is to change the Town Charter. Town Attorney Paul Wisor
explained that any changes to the Charter need a first and second reading and the deadline is September
4th, so it would have to be discussed at the two Council meetings in August. He clarified what "Ranked
Choice Voting" is. Councilor Wolf believes the people should vote for the Mayor, not the Council. Mayor
Smith Hymes suggested that Councilor Wolf talks to Town Attorney Paul Wisor and Town Manager Eric Heil
if he wishes to advance these ideas for the August agendas.
8. EXECUTIVE S ESSION
Video Start Time: 02:57:43
8.1. DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS ; DEVELOPING STRATEGY FOR
NEGOTIATIONS; AND INSTRUCTING NEGOTIATORS; THE POTENTIAL PURCHASE OF REAL PROPERTY, AND CONFERENCE WITH
THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE CONCERNING A POTENTIAL COMMUNITY HOUSING
PROJECT PURSUANT TO CRS §24-6-402(4)(A), (B) AND (E).
8.2. DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS ; DEVELOPING STRATEGY FOR
NEGOTIATIONS; AND INSTRUCTING NEGOTIATORS; THE POTENTIAL PURCHASE OF REAL PROPERTY, AND CONFERENCE WITH
THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE CONCERNING A POTENTIAL PURCHASE OF
RESIDENTIAL PROPERTY FOR TOWN OF AVON EMPLOYEE HOUSING PURSUANT TO CRS §24-6-402(4)(A), (B) AND (E).
8.3. CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING POTENTIAL LEGAL
CLAIMS FOR DEDICATED PARKING PURSUANT TO CRS §24-6-402(4)(B).
8.4. CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING UPPER EAGLE RIVER
WATER AUTHORITY AND EAGLE RIVER WATER AND SANITATION DISTRICT STRUCTURE PURSUANT TO CRS §24-6-
402(4)(B).
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Mayor Smith Hymes moved to convene into Executive Session for the purpose of determining positions
relative to matters that may be subject to negotiations, developing strategy for negotiations, and
instructing negotiators, the potential purchase of real property, and conference with the Town
Attorney for the purpose of receiving legal advice concerning a potential community housing project
pursuant to CRS §24-6-402(4)(a), (b) and (e); the purpose of determining positions relative to matters
that may be subject to negotiations, developing strategy for negotiation, and instructing negotiators,
the potential purchase of real property, and conference with the Town Attorney for the purpose of
receiving legal advice concerning a potential purchase of residential property for Town of Avon
employee housing pursuant to CRS §24-6-402(4)(a), (b) and (e); the purpose of receiving legal advice
regarding potential legal claims for dedicated parking pursuant to CRS §24-6-402(4)(b), and the
purpose of receiving legal advice regarding Upper Eagle River Water Authority and Eagle River Water
and Sanitation District structure pursuant to CRS §24-6-402(4)(b). Mayor Pro Tem Phillips seconded
the motion and the motion passed by a vote of 6 to 1. Councilor Wolf voted no.
The time was 8:02 p.m.
Executive Session was hosted in a virtual format, using Zoom.us. Council members present were Tamra
Underwood, Jennie Fancher, Amy Phillips, Scott Prince, Jake Wolf, and Chico Thuon. 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 8:06 p.m.
Executive Session ended at 9:06 p.m.
Councilor Wolf wanted the record to reflect that he is objecting to a brief discussion with respect to
the management of time between himself and Mayor Smith Hymes which was not related to the
agenda.
9. A DJOURN
There being no further business before Counc il, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:07 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
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