TC Minutes 09-22-2020
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 22, 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 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, Jennie Fancher, and Scott Prince. Councilor Chico Thuon and Councilor Jake Wolf were absent.
Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, Planning
Director Matt Pielsticker, Finance Director Scott Wright, Mobility Director Eva Wilson, Executive Assistant
to the Town Manager Ineke de Jong, and Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:32
Mayor Smith Hymes pulled off agenda item 5.7 per Town Engineer Justin Hildreth request due to additional
conversations outgoing with the lender. Mayor Smith Hymes also added a council discussion on going back
to in-person meetings as agenda item 5.9. Councilors Fancher and Underwood asked to pull item 7.4 written
report on winter transit operations to be discussed with item 5.5 Discussion of Winter Restaurant
Operations. Mayor Smith Hymes added this as item 5.5A.
Councilor Wolf joined the meeting at 5:01 p.m.
Councilor Thuon joined the meeting at 5:02 p.m.
Councilor Prince moved to approve the agenda as amended. Mayor Pro Tem Phillips seconded the motion
and the motion passed with a vote of 6 to 1. Councilor Wolf voted no.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:03:25
Councilor Thuon asked to recuse himself from agenda item 5.5 Discussion of Winter Restaurant Operations
as he is involved in agreements and negotiations about heating the winter tents.
Councilor Underwood made a motion to recuse Councilor Thuon from agenda item 5.5. Discussion of Winter
Restaurant Operations. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of
6 to 0. Councilor Thuon did not vote.
Councilor Thuon also asked to be recused from agenda item 5.3 Resolution 20-23 Approving a Preliminary
Plan for a Major Subdivision Application for Tract 5D, Riverfront Subdivision as he has an active buyer for
the property in question. After Council discussion and clarification from Jim Telling, Councilor Thuon did not
recuse himself from this item.
Town Attorney Paul Wisor disclosed that Council has been discussing and receiving a significant amount of
public comments about USFS Road 779 and that his parents own a property adjacent to this road. He
mentioned his father made public comments and expressed his opinion. Therefore, he asked a colleague to
take over as the Town Attorney on this particular issue.
Councilor Wolf expressed that from 5:30 p.m. to 6:00 p.m. he will leave the meeting to teach music to
children.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 22, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
4. PUBLIC COMMENT
Video Start Time: 00:12:51
Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email
for public comments.
Lindsay Hardy introduce herself and announced she is running for Avon Town Council and her goal is to
represent the young local people in the community.
Devon DeCrausaz made a comment by phone. She said she emailed Council about Road 779 and wanted to
ensure this comment goes into the public record.
Patricia Plavec also made a comment about Road 779. She expressed support of keeping the road open.
Amy Phillips made a comment that she is also running for re-election on Avon Town Council. She thanked
all candidates that decided to run for Council.
Debbie Latsfrom made a comment about Road 779 as well. She is supportive of keeping the road open for
motorized vehicles and supported the previous two comments.
Michael Cacioppo commented and expressed he has made multiple requests to see who all the participants
are on the Zoom meeting. He expressed it is really unfair to not be able to see who is in the audience. Council
addressed his questions and said they have looked into this and will look into this again.
Mayor Smith Hymes announced the Council Candidates Forum will be hosted by High Five on Monday night
September 28 at 6:30 p.m. via Zoom and encouraged the public to join the meeting to meet the candidates.
5. BUSINESS ITEMS
5.1. RESOLUTION NO. 20-24 DECLARING SUPPORT FOR GALLAGHER BALLOT ISSUE (Town Attorney Paul Wisor)
Video Start Time: 00:29:43
Town Attorney Paul Wisor explained the Gallagher Ballot Issue. He said Resolution 20-24 expresses
Town Council’s support for Ballot Issue 2E, the Gallagher Amendment stabilization question Town
Council placed on the November 3, 2020 ballot and it also expresses Council’s support for similar ballot
issues placed on the November 3, 2020 ballot by Eagle County and Eagle River Fire Protection District.
He explained the reduction in the assessment rate from 7.15% to approximately 5.88% is expected in
result in a revenue loss to the Town of Avon in the amount of approximately $240,000.
Mayor Smith Hymes called for public comments and Michael Cacioppo commented and asked for
clarification from Town Attorney Paul Wisor on the implication for potential future tax decreases. Town
Attorney Paul Wisor explained if this question passes, Council could increase its mill levy to prevent
the loss in revenue that would be a result of Gallagher.
Councilor Fancher made a motion to approve Resolution 20-24 expressing Town Council’s support for
the passage of Ballot Issue 2E as well as Eagle County Ballot Issue 1A and Eagle Fire Protection District
Ballot Issue A. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to
0. Councilor Wolf was away.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 22, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.2. DECISION ON QUALIFICATIONS OF A PLANNING AND ZONING COMMISSION MEMBER (Planning Director Matt
Pielsticker
Video Start Time: 00:45:42
Planning Director Matt Pielsticker referred to the memo in the Council packet about Commissioner
Smith relocating to Gypsum but staying on PZC until the end of her term in May 2021.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Fancher moved to permit Rebecca Smith to serve until the end of her appointed Planning
and Zoning Commission term, May 2021. Councilor Underwood seconded the motion and the motion
passed with a vote of 6 to 0. Councilor Wolf was away.
5.3. PUBLIC HEARING RESOLUTION 20-23: APPROVING A PRELIMINARY PLAN FOR A MAJOR SUBDIVISION APPLICATION FOR
TRACT 5D, RIVERFRONT SUBDIVISION (Planner David McWilliams)
Video Start Time: 00:48:41
Planning Director Matt Pielsticker presented Resolution 20-23. Jim Telling joined the virtual meeting
to answer Council questions.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Fancher moved to approve Resolution 20-23 Approving a Preliminary Plan for a Major
Subdivision Application for Tract 5D, Riverfront Subdivision. Councilor Underwood seconded the
motion and the motion passed with a vote of 6 to 0. Councilor Wolf was away.
5.4. COMMUNITY GRANT RECOMMENDATIONS (Communications Manager Elizabeth Wood)
Video Start Time: 01:00:19
Communications Manager Liz Wood joined the virtual meeting and explained the grant
recommendations, committee process, and the difference in funding from 2019, 2020 and 2021. She
answered Council questions and took suggestions to further improve the 2022 grant process with tax
returns in lieu of financial statements. Councilor Underwood suggested some changes to the
application. She mentioned she would like to see reports on how organizations have used the funding
and also a COVID-19 relief report. Communications Manager Liz Wood said she will create a written
report to present at the next Council meeting on October 6th.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Fancher moved to direct Staff to include the funding recommendations of the Community
Grant Committee in the 2021 Town of Avon budget. Mayor Pro Tem Phillip seconded the motion and
the motion passed with a vote of 6 to 0. Councilor Prince stepped away from his computer for a
moment and did not vote.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 22, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.5. DISCUSSION OF WINTER RESTAURANT OPERATIONS (Town Manager Eric Heil)
Video Start Time: 01:19:02
Councilor Thuon turned off his screen and recused himself from this agenda item. Town Manager Eric
Heil and Executive Assistant to the Town Manager Ineke de Jong highlighted the report and cost
estimates received for tents, heaters and fuel. Mayor Smith Hymes had several questions regarding
availability, ventilation, being equitable to restaurants that opt in/out, the cost of rental vs purchase
and being cognizant of the greenhouse gas impacts. She asked if staff has looked at the cost of
additional liability and will that be a dealbreaker. The majority of Council liked the idea of heating
rooms/firepits as waiting areas around restaurants as an alternative to the tents for dining. Councilor
Wolf mentioned he knows a business that is selling their tents and heaters and shutting down their
business and suggested staff talk to them. Mayor Smith Hymes recommended that staff talk to
restaurants to set up a meeting with restaurant owners to talk more details. Staff will contemplate this
for next week, Wednesday September 30th.
Mayor Smith Hymes called for public comments and Alex Bolla made a public comment and expressed
he is working with Brian Nolan on heating of tents in Beaver Creek with Infrared technology. He
mentioned there is a demo tent in the village in front of Blue Moose Pizza where they have integrated
their infrared technology into the floor. He expressed this is a green solution and he will send the cost
information to Executive Assistant to the Town Manager Ineke de Jong.
5.5A. MOVED ITEM 7.4. WINTER TRANSIT PLAN (Mobility Director Eva Wilson)
Video Start Time: 02:09:09
Mobility Director Eva Wilson joined the meeting to answer questions from Council. Councilor Fancher
wondered if Beaver Creek Resort would consider contributing more to the extra skier shuttles and
restaurant shuttle. She asked if the Town is going after a bigger cost share with Avon lodging partners
and Beaver Creek resort company. Town Manager Eric Heil explained he has been in talks with Beaver
Creek for weeks, but they have their own challenges to deal with and the extra winter transit
operations is what the town can/must/shall do for our businesses and visitors. Councilor Prince asked
if we should be promoting this message. Eric confirmed we should. Councilor Underwood expressed
marketing/promotion in buses should be maximized, that is what we are good at and what we should
do.
Alex Bolla made a public comment to confirm that the "test tent" in Beaver Creek that he referred to
under agenda item 5.5 is moving to Vail tomorrow and he will let Executive Assistant to the Town
Manager Ineke de Jong know the exact location.
5.6. ALLOCATION OF BUFFALO RIDGE SALE PROCEEDS (Town Manager Eric Heil)
Video Start Time: 02:20:16
Councilor Thuon rejoined the meeting at 7:20 p.m.
Town Manager Eric Heil explained the report on the proceeds. He said the Town closed on the Buffalo
Ridge and received slightly under $1.5 million.
Mayor Smith Hymes called for public comments and no public comments were made.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 22, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Councilor Prince moved to direct Staff to allocate the proceeds of the Buffalo Ridge Phase 2 sale to the
Community Housing Fund minus the Town Attorney’s cost rounded up to the nearest $1,000. Mayor
Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was
absent.
5.7. NOTICE OF AWARD FOR RECREATION CENTER REMODEL PROJECT (Town Engineer Justin Hildreth, Recreation
Center Director John Curutchet)
Pulled off the agenda and postponed to the October 6th agenda.
5.8. APPROVAL OF AMENDMENT TO TOWN MANAGER CONTRACT (Town Attorney Paul Wisor)
Video Start Time: 02:25:09
Councilor Wolf got disconnected at 7:26 p.m.
Town Attorney Paul Wisor explained the amendment to the Town Manager Contract to reflect Eric
Heil’s prior tenure as the Town Attorney.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Underwood moved to direct the Town Attorney to amend the Town Manager’s employment
agreement as reflected on the electronic page 49 of the packet tonight. Councilor Fancher seconded
the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was absent.
5.9. ADDED ITEM DISCUSSION ON IN-PERSON COUNCIL MEETINGS
Video Start Time: 02:27:25
Town Manager Eric Heil explained it is possible but the technology we currently have in Council
Chambers is not suited for a "blended" meeting format.
Councilors provided individual opinions. Mayor Pro Tem Phillips and Councilors Underwood, Fancher
and Thuon would like to keep the virtual format. Mayor Smith Hymes would like to work towards a
goal of having a 'smooth blended' meeting in the future. She suggested staff to talk to the Eagle River
Water & Sanitation District's IT team to get more insight.
Councilor Wolf rejoined the meeting at 7:41 p.m.
Councilor Underwood would like to explain the technology we use and have a protocol of its limitations
on the current format for transparency regarding the attendees list. Councilor Prince suggested to do
some research on other platforms. Town Manager Eric Heil said he has observed as he attends to all
meetings, that Zoom has Webinar features that other platforms do not. Councilor Fancher said that in
an in-person meeting, an attendee will not know the names of the other persons present.
Mr. Cacioppo made a public comment and explained the importance of being able to see the list of
attendees.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 22, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
6. MINUTES
6.1. APPROVAL OF MINUTES FOR SEPTEMBER 8, 2020 COUNCIL MEETING (Town Clerk Brenda Torres)
Video Start Time: 02:56:35
Councilor Underwood moved to approve the minutes from September 8, 2020 regular Council
meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 1.
Councilor Wolf voted no. Councilor Fancher abstained from the vote as she was absent on Sept 8th.
7. WRITTEN REPORTS
7.1. Upper Eagle Regional Water Authority August 27, 2020 Meeting Summary (Mayor Smith Hymes)
7.2. Financial Reports (Senior Accountant Joel McCracken)
7.3. Eagle County Community Wildlife Roundtable Meeting Recap (Intern Charise Bishop)
7.4. Winter Transit Plan (Mobility Director Eva Wilson)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:57:29
Councilor Fancher thanked Town Manager Eric Heil and his band for the Saturday night event.
Councilor Wolf thanked all people that deserve to be said “thank you” to.
9. EXECUTIVE SESSION
FOR THE PURPOSE OF LEGAL ADVICE AND NEGOTIATIONS TO DISCUSS A POTENTIAL SPECIAL EVENT (TOWN ATTORNEY PAUL
WISOR AND TOWN MANAGER ERIC HEIL)
Video Start Time: 02:58:21
Mayor Smith Hymes moved to go into Executive Session For a Conference with the Town Attorney for the
Purpose of Receiving Legal Advice on Specific Legal Questions Pursuant to CRS Section 24-6-402(4)(B) and
for the Purpose of Determining Positions Relative to Matters that are Subject to Negotiations and to Instruct
Negotiators Pursuant to CRS Section 24-6-402(4)(E)(I) Regarding a Potential Special Event in Avon.
The CRS Section was clarified by Town Manager Eric Heil. Councilor Underwood seconded the motion and
the motion passed with a vote of 6 to 1. Councilor Wolf voted no. The time was 8:03 p.m.
Executive Session started at 8:09 p.m.
Executive Session ended at 8:30 p.m.
10. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 8:31 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 22, 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