TC Minutes 10-06-2020
AVON REGULAR MEETING MINUTES
TUESDAY OCTOBER 6, 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, Chico Thuon, and Scott Prince. Councilor Jennie Fancher was connected but away at the
moment of the roll call. Councilor Jake Wolf was absent. Also present were Town Manager Eric Heil, Town
Attorney Paul Wisor, Police Chief Greg Daly, Finance Director Scott Wright, Executive Assistant to the Town
Manager Ineke de Jong, and Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:35 Part One
Mayor Smith Hymes announced that tonight's meeting is live via Zoom but not broadcasted live on TV5. The
recording will be available on the High Five Media website tomorrow and will be broadcasted on channel 5
this Friday October 9th at 8:00 a.m.
No changes were made to the agenda.
Councilor Underwood moved to approve the agenda as presented. Mayor Pro Tem Phillips seconded the
motion and the motion passed with a vote of 6 to 0. Councilor Wolf was absent.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:02:09 Part One
Councilor Thuon asked to recuse himself from agenda item 5.6 Discussion of Winter Restaurant Operations
as he is involved in agreements and negotiations about heating the winter tents.
Town Attorney Paul Wisor confirmed that Council previously voted on this conflict of interest and there was
no need to vote again.
4. PUBLIC COMMENT
Video Start Time: 00:03:03 Part One
Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email
for public comments.
Kristi Ferraro commented on the attempted recall election and that recalls seem to become more common
and instead recalls need to be rare and not used without reason as a political weapon. She suggested we
reform the recall rules in the Town of Avon as it’s too easy. She also encouraged the male Councilors to
support the women on Council.
Kim Schlaepfer commented on the pedestrian safety near her home in River Oaks. She said it is disappointing
to see the entire stretch of the South side of Highway 6 unable to be used as Avon strives to be a walkable
community and she asked Council to please consider the improvement of this infrastructure.
Matt Scherr announced he is up for reelection together with Kathy Chandler-Henry. He mentioned his
website www.mattscherr.com. He said it is really easy to register to vote or check your registration at
www.govotecolorado.gov. His last point is that the Census 2020 has been extended until the end of October
and that there is a tremendous opportunity to get more Federal and State’s support if we have a more
AVON REGULAR MEETING MINUTES
TUESDAY OCTOBER 6, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
accurate count. Visit www.2020census.gov to participate in the Census.
Rachel Zacher, who also lives in the River Oaks complex, expressed she supports Kim Schlaepfer's statement
from earlier about pedestrian safety.
Mark G wanted to comment about the parking on West Beaver Creek Boulevard. He also asked about the
political signs. Town Attorney Paul Wisor explained the sign code for the Town per Town ordinances. Signs
on private property are up to the owner.
Michael Cacioppo responded to Ms. Ferraro's comments about recalls happening too much and it being a
sexist issue. He expressed that both claims are false and mentioned a few of the reasons.
Kathy Chandler-Henry made a comment saying she is currently serving as an Eagle County Commissioner
and she is up for reelection for her second term. She expressed appreciation for partnerships with Town of
Avon and explained her priorities for transparency, climate change and recovery. Her website is
www.commissonerkathy.com.
Mark G joined the meeting again and asked to clarify when the parking will be discussed.
Craig Ferraro made a comment about the recall election and the stage and how much he appreciates the
hard work from Council. He also appreciates trying to control the timeline of the meeting and thanked
Council members for serving.
5. BUSINESS ITEMS
5.1. JOINT MEETING OF CULTURAL ARTS AND SPECIAL EVENTS WITH COUNCIL (CASE MANAGER DANITA DEMPSEY)
Video Start Time: 00:37:58 Part One
Town Manager Eric Heil presented option A which assumes the current Public Health Order conditions
and option B which assumes no Public Health Orders are in effect and a scenario where we can return
to unrestricted public event gatherings. Mayor Smith Hymes welcomed the members of the CASE
committee participating in this discussion tonight: Chair Lisa Mattis, Kathy Ryan, Ruth Stanley, Timothy
Haley, Pedro Campos, and Jason Denhart.
Mayor Smith Hymes asked to move Town Clean-up Day away from memorial weekend and thought we
should think of pop-up music in other places instead of just the Main Street Mall. Councilor Prince
expressed concern about the ticketed event and expenses for that. Mayor Pro Tem Phillips asked to
scale back Salute to the USA until we know what winter tax revenues for the Town look like. CASE
committee member Jason Denhart said "scalability/adaptability is key and it's easier to scale down
than to scale up".
Mayor smith Hymes asked for public comments and Barry Robinson commented. He has an idea to
support young kids in the valley that are musicians to play 15/20 minutes on the stage as some pop-up
music to give them some experience.
AVON REGULAR MEETING MINUTES
TUESDAY OCTOBER 6, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
After Council and CASE committee members discussion, Town Manager Eric Heil wrapped up saying he
heard consensus we will present option B without the expense or revenue of the Heart & Soul festival
proposal. The idea for this ticketed festival deserves continued discussion with the new Council in the
new year.
5.2. WORK SESSION ON CAPITAL IMPROVEMENTS PROJECTS PLAN (ASSISTANT TOWN MANAGER SCOTT WRIGHT AND TOWN
ENGINEER JUSTIN HILDRETH)
Video Start Time: 01:33:32 Part One
Town Engineer Justin Hildreth, Assistant Town Manager Scott Wright, and Mobility Director Eva Wilson
presented. Town Engineer Justin Hildreth said the memo is a follow up from the last Capital
Improvements Projects Plan (CIP) work session and he highlighted some improvements scheduled in
the park including the on-street parking on West Beaver Creek Boulevard.
Councilor Wolf joined the meeting at 6:37 p.m.
Councilor Wolf asked about the ADA access on the dock. Councilor Prince suggested to have another
dock. Councilor Underwood said she would like to hear from the vendor. Mayor Pro Tem Phillips
suggested to have a community survey. Recreation Center John Curutchet joined the meeting and
answered questions from Council regarding the dock.
Town Engineer Justin Hildreth explained the parking options presented in the packet. One option is
parallel parking out of the bike lane (66 spaces) or another option is diagonal parking which creates
more space (120 spaces).
Mayor Smith Hymes asked for public comments and Mark G, resident of Beaver Bench, commented on
the smell of the restrooms around the lake. Staff confirmed the location at Lot 16 is not exact, but
restrooms will have the same proximity to residences as in the current restroom situation and
restrooms will be maintained closely. We have not received complaints about porter potty smells this
summer. He also commented on the parking and he raised an idea to make it paid parking in winter
and make it free parking in summer.
Kathy Ryan asked Council to be cautious about over activating the lake and to be more considerate as
we seem to just keep developing and now there are too many people for this limited resource. She
expressed concern over the health of the lake and the damage to the lake's wildlife.
Sarah Straub, resident of Beaver Bench, made a comment about the parking. She said she observed
too many people on the lake and on the beach this summer. She said we need preservation and
maintenance and the lake is a pond, not Lake Michigan. She asked not to touch the parking situation,
we already overbuilt the stage.
Barry Robinson had several suggestions. He asked if there could be changing rooms and showers in
addition to the restrooms. He suggested a sprinkler/fountain area for kids or perhaps a second be ach
on the other side of the lake or more picnic tables on the North side by the path. He also inquired about
building parking on the railway line.
AVON REGULAR MEETING MINUTES
TUESDAY OCTOBER 6, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Ruth Stanley commented that people speed on the road through this residential area. She is against
the parking as more cars mean more traffic and more speeding.
Town Manager Eric Heil confirmed we will do a survey, or a community outreach meeting and we will
revisit the approach on how to make the existing parking safer and get input from the neighborhood.
One option is to direct more people to park at the elementary school during the summer when the
school is closed, as Councilor Fancher suggested.
Councilor Underwood and Mayor Smith Hymes had more CIP questions. Council agreed to move on
and keep those questions for further discussion at the budget retreat on Oct 30th.
5.3. PUBLIC HEARING FOR RESOLUTION NO. 20-26 RIVERFRONT FINAL PLAT/MAJOR SUBDIVISION FOR TRACT 5D,
RIVERFRONT SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 00:00:01 Part Two
Planning Director Matt Pielsticker and Jim Telling were present to answer Council questions. The
preliminary subdivision was previously approved, and the final subdivision is before Council now.
Mayor Smith Hymes asked for public comments and no public comments were made.
Councilor Underwood moved to approve Resolution 20-26 Approving a Final Subdivision for Tract 5D,
Riverfront Subdivision. Mayor Pro Tem Phillips seconded the motion and the motion passed
unanimously.
5.4. RESOLUTION NO. 20-27 SUPPORTING COLORADO RIVER DISTRICT BALLOT QUESTION
Video Start Time: 00:03:55 Part Two
Town Attorney Paul Wisor explained the resolution before Council.
Mayor Smith Hymes asked for public comments and no public comments were made.
Councilor Fancher moved to approve Resolution 20-27 thereby expressing Town Council’s support for
the passage of Colorado River Water Conservation District Ballot Issue 7A. Mayor Pro Tem Phillips
seconded the motion and the motion passed 6 to 1. Councilor Wolf voted no.
5.5. WORK SESSION: DIRECTION TO PROCEED WITH FULL-TIME PERMIT TECHNICIAN POSITION IN COMMUNITY DEVELOPMENT
DEPARTMENT (TOWN MANAGER ERIC HEIL)
Video Start Time: 00:07:54 Part Two
Councilor Prince made a motion to remove this item from the agenda. This motion was amended.
Councilor Prince moved to remove item 5.5 Direction to proceed with full-time permit technician
position in community development department from the agenda since Council should not be involved
in this staff level decision/item and to request staff to instead bring it back to Council as a budget
amendment. Councilor Wolf seconded the amended motion and the motion passed unanimously.
Mayor Pro Tem Phillips reminded Council to request removing this from the agenda at the approval of
the agenda next time and not when the item is up next.
AVON REGULAR MEETING MINUTES
TUESDAY OCTOBER 6, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.6. WORK SESSION: DIRECTION ON AVON RESTAURANT DINING EXPANSION AND TENTS (TOWN MANAGER ERIC HEIL)
Video Start Time: 00:16:07 Part Two
Councilor Thuon recused himself from item 5.6 discussion, he stayed connected but muted and video
turned off. Town Manager Eric Heil explained staff hosted a virtual meeting for restaurant owners and
visited several restaurants on site. The majority of restaurants felt the tents were cost prohibitive for
the added capacity, guest would not like to dine in them or not a good option for other reasons and
not a viable and meaningful support from the Town. A majority expressed that extra skier buses and
extra marketing would be appreciated.
Town Manager Eric Heil made three suggestions for Council consideration: 1) a direct payment to
restaurants and allocating a dollar number and dividing it by tax contributions. 2) repeat the meal
voucher program and make them available to certain neighborhoods and on an as-needed basis. 3)
create an Avon Business Grant needs program for rent reductions, cost of cleaning, or other unique
Covid-19 costs, allocate a dollar amount and assign criteria to show hardship or how to use the money,
similar to our yearly community grants process.
Mayor Smith Hymes favored a simple grant application process. Town Attorney Paul Wisor explained
that government dollars spent to help private businesses need to have a public purpose. Keeping
businesses afloat during hardship is a public purpose but we can't just give money away without
specific cause. Councilor Wolf suggested that the Town could purchase the tents and heating pads and
these assets could be used for events and heating the stage afterwards. Mayor Pro Tem Phillips made
a side note where she would like to reward restaurants that use compostable containers. Several
Councilors felt the grant program should be open to all Avon businesses, not just restaurants. Councilor
Prince wondered how to define hardship because it is different for different businesses and he would
prefer to take a "wait and see" approach and he would prefer a lot of small help (vouchers) instead of
a few big helps. He expressed no support for a grant program today unless there is another round of
shutdowns.
After Council discussion, the consensus was that Town staff needs to put together an application
process and set parameters to define "hardship". Staff will come back to Council with a budget
amendment to allocate an amount for this program. Town Manager Eric Heil confirmed we will target
to be ready to roll this out by early November.
5.7. WORK SESSION: CONCESSIONAIRE LICENSE FOR LAKESIDE TERRACE (TOWN MANAGER ERIC HEIL)
Video Start Time: 01:03:37 Part Two
Discussed as item 5.8.
Town Manager Eric Heil explained the terrace has been used more this summer than in years past.
There is a proposal to put out an RFP for a Concessionaire License to "run" the terrace next summer.
Councilors discussed they don’t want to commercialize the terrace and they don’t want to add
competition so if anything, this should be current Avon businesses only. They discussed food trucks
and having a sample "taste of Avon" sample food tasting idea in the park by the SUP rental stand or on
the terrace. They also agreed a concessionaire will not solve the "teenagers jumping off the railing
problem". Council Consensus was to not move forward with a concessionaire license.
Mayor Smith Hymes asked for public comments and no public comments were made.
AVON REGULAR MEETING MINUTES
TUESDAY OCTOBER 6, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.8. RESOLUTION 20-28 APPROVING EASEMENT WITH HOLY CROSS ENERGY (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 01:00:51 Part Two
Discussed as item 5.7.
Councilor Thuon rejoined the meeting at 8:53 p.m.
Town Engineer Justin Hildreth confirmed he does not anticipate an issue like we recently experienced
at the West Avon Preserve because they already have a general contractor on site who is responsible
of doing most of the work and Holy Cross has minimal work, essentially just moving a transformer and
pulling new cables.
Mayor Smith Hymes asked for public comments and no public comments were made.
Councilor Underwood moved to approve Resolution 20-28 approving Holy Cross Energy Underground
Right-Of-Way Easement and Trench, Conduit, and Vault Agreement for the Nottingham Park Utility
Improvements Project and direct the Town Attorney to finalize easement language with Holy Cross .
Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously.
Councilor Wolf got disconnected at 9:15 p.m.
6. MINUTES
6.1. APPROVAL OF MINUTES FOR SEPTEMBER 22, 2020 COUNCIL MEETING (Town Clerk Brenda Torres)
Video Start Time: 01:24:20 Part Two
Councilor Underwood moved to approve the minutes from September 22, 2020 regular Council
meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0.
Councilor Wolf was absent.
7. WRITTEN REPORTS
7.1. Cabrini Day (Human Resources Director Lance Richards)
7.2. COVID-19 Community Grants Update (Communications Manager Elizabeth Wood)
7.3. Parking Enforcement (Chief of Police Greg Daly)
7.4. Upper Eagle Regional Water Authority Sept 24, 2020 Meeting Summary (Mayor Smith Hymes)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 01:25:24 Part Two
Councilor Thuon reminded everyone to please vote and to please continue to wear face masks.
Mayor Pro Tem Phillips commented that she attended part of the Eagle Air Alliance meeting and we are at
90% of last year's airline capacity. There were more people in private planes visiting this summer. All flights
routes will continue this winter except for Salt Lake City which is not for a lack of demand but for resource
reasons as the plane used for that route was taken out of commission. Overall, the Airline industry (as most
of the travel industry) has seen shorter booking timeframes.
AVON REGULAR MEETING MINUTES
TUESDAY OCTOBER 6, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Councilor Prince made a comment about USFS Rd 779. Council received a lot of written comments about
this issue. Town Manager Eric Heil and Mayor Smith Hymes confirmed they are meeting with the new Forest
Service ranger this week and he explained there is a lot of business to finish by the end of the year and
agendas are full so the next Council at the beginning of the new year will have to discuss further. We are
not anticipating any changes now, and more discussion in winter 2021. Councilor Prince said there is still a
lot of uncertainty out there on status. Town Manager Eric Heil confirmed we will work on communication
on current efforts and Council picking up the discussion in early 2021.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:26 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