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TC Minutes 12-08-2020AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 ... v O n SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 COLORADO 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 Jennie Fancher, Scott Prince, Tamra Underwood, Jake Wolf, Chico Thuon and Amy Phillips. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Human Resources Director Lance Richards, Finance Director Scott Wright, General Government Manager Ineke de Jong, and Deputy Town Clerk Kendall Moore. 2. APPROVAL OF AGENDA Video Start Time: 00:00:32 Mayor Smith Hymes announced that an amended agenda has been updated in the packet and was posted on Monday. No changes were made to the updated agenda. Councilor Fancher moved to approve the agenda as presented. 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: 00:03:12 No conflicts of interest were disclosed. Town Attorney Paul Wisor explained section 2.30.080 of the Municipal Code and how Councilor Prince has continued to disclose the potential conflict with his son participating in the Swim Team. Town Attorney Paul Wisor would like to discuss the Ethics Code in detail at the next meeting. Councilor Wolf asked if he can vote on the 2021 budget and wanted to clarify a conflict of interest previously disclosed. Mayor Smith Hymes reminded the public that today is Colorado Gives Day and encouraged the community to give, if possible. 4. PUBLIC COMMENT Video Start Time: 00:07:29 Mayor Smith Hymes opened it up for public comment. General Government Manager Ineke de Jong explained to the public how to participate via video/audio, via telephone, or via email for public comments. Kristi Ferraro stated her appreciation for Councilor Fancher serving the Town for 8 years. Rich Carroll thanked everyone who ran for Council and congratulated RJ Andrade and Lindsay Hardy for getting elected and Amy Phillips for getting re-elected. Mr. Carroll commented that Avon is a great place and he is excited to see where it will go in the future. He thanked Councilors Wolf and Fancher for their service. Tom Ruemmler commented on the lawsuit between the Town and the Avon Recall Committee and his disagreement between the signatures counted. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Avon COLORADO Michael Cacioppo joined the meeting and piggy backed on Tom Ruemmler's comments. Mr. Cacioppo asked whether the vote for the lawsuit was covered in open session on public television, who voted for the lawsuit, who voted against the lawsuit, and who sustained from voting. Town Attorney Paul Wisor explained that Executive Sessions are confidential and clarified that the Town has engaged in a declaratory judgement on the law because the Town has a different interpretation than the Recall Committee. 5. BUSINESS ITEMS 5.0 COVID-19 UPDATE (WILL COOK, VAIL HEALTH PRESIDENT AND CEO) Video Start Time: 00:19:01 Vail Health President and CEO Will Cook joined the meeting and provided a brief presentation on the county status for COVID-19. He said he met with the Governor and explained the difference between the Two -Week Cumulative Incidence and the Two -Week Average Positivity which helps to rule out any testing errors. Eagle County is currently in level Orange. Will Cook stated that until 70% of the community is vaccinated, we need to continue to wash our hands and wear our masks. There have been incidents of someone who had it is still spreading it, and incidents of people who already got COVID-19, to get it again. He recommends getting the vaccine. He mentioned Vail Health received approval as one of eight in the state to distribute vaccines. He thinks the vaccines will start to be distributed early this week or next starting with Nursing home workers and residents, and health care workers. Eagle county has enough vaccines to cover our health care providers and are trying to secure enough to get to teachers, front line responders, and ultimately the service industry workforce. Mayor Smith Hymes asked if people who had COVID-19 and recovered, if they should be vaccinated. Mr. Cook stated that those individuals should still get vaccinated and the vaccine is free. Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Mayor Smith Hymes asked for public comment and no public comments were made. 5.1. PUBLIC HEARING FOR THE ADOPTION OF THE 2020 FINAL REVISED BUDGETS, 2021 CAPITAL PROJECTS FUND BUDGET & LONG-RANGE CAPITAL PROGRAM AND TAX LEVIES (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 00:42:57 Finance Director Scott Wright explained the Resolutions in the Council packet. Town Manager Eric Heil requested a revision of the $150,000 allocated to business grants and asked if $25,000 of the $150,000 could be allocated to the Salvation Army to match the Vail Valley Foundation's $25,000.00 grant. He also explained the large equipment will be purchased with cash instead of a lease. Finance Director Scott Wright explained the reserves and how the Town has been using those funds. Tom Ruemmler made a comment and asked to compare the spending per person in Avon with Minturn, Edwards, and the County. Michael Cacioppo mentioned the Real -Estate Transfer Tax and asked if Eagle -Vail residents have AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 avon SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 COLORADO been paying this tax. Finance Director Scott Wright clarified that this is not the case. Mr. Cacioppo also commented that The Town Council has refused to put the Transfer Tax back on the ballot for a vote especially when the Transfer Tax is some of the highest in the State. Councilor Prince moved to approve Resolutions 20-29 through 20-34 with one change allocating $25,000 to the Salvation Army. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 5.2 PUBLIC APPROVAL OF THE 2020 AUDIT ENGAGEMENT LETTER WITH MCMAHAN AND ASSOCIATES, L.L.C. CERTIFIED PUBLIC ACCOUNTANTS Video Start Time: 01:10:15 Finance Director Scott Wright explained the rationale behind staff's proposal to engage for one more year with McMahan and Associates, L.L.C. He explained we will need to have a single audit for 2020 because of the level of federal funding that we have received from the CARES Act and DOLA. He asked for forgiveness for not getting to the RFP this year and to allow one more year of engagement with McMahan and Associates, L.L.C. We have scheduled them to come in April for our Audit Engagement work. Councilor Fancher moved to approve the 2020 Audit Engagement Letter with McMahan and Associates, LLC Certified Public Accountants. Mayor Pro Tem Amy Phillips seconded the motion and the motion was passed with a vote of 7 to 0. RECESS to allow Avon Town Council to Convene as the Avon Urban Renewal Authority Board Video Start Time: 01:16:13 Councilor Underwood moved to recess the Regular Town Council Meeting to Convene as the Avon Urban Renewal Authority. Councilor Prince seconded the motion and the motion passed 7 to 0. URA meeting started at 6:17 p.m. and ended at 6:24 p.m. RECONVENE the Avon Town Council Meeting Video Start Time: 01:23:34 5.3 RESOLUTION 20-35, APPROVING UPDATED COMMUNITY DEVELOPMENT FEE SCHEDULE (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:23:40 Planning Director Matt Pielsticker explained the purpose of the fee schedule changes. They combine the planning and building fees and update the staff hourly wages. Councilor Underwood asked about a typo on the hourly rates for the Town Attorney. Councilor Prince asked if it would make sense to keep the GIS fee not a fixed rate. Mayor Smith Hymes was curious what kind of increase this would be for the community. Planning Director Matt Pielsticker explained there are no increase in fees only staff hourly rates because the staff hourly rates have not been updated in 10 years. Mayor Smith Hymes asked for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 avon SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 COLORADO Councilor Prince moved to approve Resolution 20-35 Approving the Updated Community Development Fee Schedule. Councilor Underwood seconded the motion and it passed with a vote of7to0. 6. MINUTES 6.1.APPROVAL OF NOVEMBER 17, 2020 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDATORRES) Video Start Time: 01:36:29 Councilor Underwood moved to approve the November 17, 2020 Regular Meeting Minutes. Mayor Pro Tem Phillips seconded the motion and it passed 6 to 1. Councilor Wolf voted no. 6.2.APPROVAL OF NOVEMBER 24, 2020 SPECIAL COUNCIL MEETING MINUTES (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 01:37:22 Councilor Fancher moved to approve the November 24 Special Council Meeting Minutes. Councilor Prince seconded that motion and it passed 4 to 0. Councilor Wolf, Councilor Underwood and Mayor Smith-Hymes abstained from the vote as they did not attend the meeting due to a conflict of interest. 6.3.APPROVAL OF NOVEMBER 25, 2020 SPECIAL COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK KENDALL MOORE) Video Start Time: 01:39:21 Councilor Fancher moved to approve the November 25, 2020 Special Council Meeting Minutes. Councilor Underwood seconded the motion and it passed 6 to 1. Councilor Wolf voted no. 7. OUTGOING COUNCIL 7.1. PROCLAMATIONS IN APPRECIATION OF SERVICE (MAYOR SMITH HYMES) Video Start Time: 01:40:36 Mayor Smith Hymes read proclamations for Councilor Fancher and Councilor Wolf and thanked them for their public service. 7.2. OUTGOING COUNCIL COMMENTS Video Start Time: 01:46:00 Councilor Wolf gave some outgoing comments with thanks and advise to new Council members. Councilor Fancher provided her outgoing comments, advise to the new members, and congratulated Lindsay and RJ. She said she hopes they will enjoy their time of service as much as she did. CouncilorThuon thanked Councilor Fancher for her service and all her advice and thanked Councilor Wolf for his service and his personality. 8. BUSINESS ITEMS PART II 8.1. NEW COUNCIL SWEARING IN AND ELECTION OF OFFICERS Video Start Time: 01:52:37 Lindsay Hardy, Russell Andrade, and Amy Phillips joined the meeting as the newly elected Council members. Judge Buck Allen joined the meeting to virtually swear in the new members. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 ,avon SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 COLORAD O Town Attorney Paul Wisor explained that under section 4.3 and 4.4 of our Charter, the selection of Mayor and Mayor Pro Tem is done by Town Council. Tonight, the Mayor requires 4 votes. Council members will email their votes to Town Attorney Paul Wisor and Deputy Town Clerk Kendall Moore. A roll call was taken, and all 7 Council members were present. Councilor Phillips moved to nominate Jennie Fancher to be the temporary chairperson and Sarah Smith Hymes seconded the motion and the motion passed 6 to 0. Councilor Thuon did not vote. Councilor Lindsay Hardy nominated Sarah Smith Hymes for the Mayor position. Sarah Smith Hymes read her statement. She was elected with a vote of 7 to 0. Councilor Thuon did not send his vote via email to Kendall Moore and Paul Wisor but texted Paul Wisor his vote for Sarah Smith Hymes. Councilor Underwood nominated Amy Phillips as Mayor Pro Tem. Councilor Andrade nominated Scott Prince as Mayor Pro Tem. Amy Phillips and Scott Prince both gave their statements. Councilor Thuon verbally announced his vote for Scott Prince as Mayor Pro Tem. After Council questions, there was a vote of 4 to 3 to elect Amy Phillips as Mayor Pro Tem. Councilors Phillips, Underwood, Hardy and Mayor Smith Hymes voted for Amy Phillips. Councilors Prince, Andrade and Thuon voted for Scott Prince. Councilor Thuon left the meeting at 7:15 p.m. Jennie Fancher and Jake Wolf left the meeting at 7:27 p.m. 8.2.APPEAL OF BUILDING OFFICIALS NOVEMBER 6, 2020 DECISION TO NOT ISSUE NEW FIREPLACE PERMIT IN A MULTI- FAMILY DWELLING UNIT LOCATED AT 371 NOTTINGHAM ROAD, IN ACCORDANCE WITH AVON MUNICIPAL CODE SECTION 15.16.060 - SECTION902.2, REGULATIONS FOR FIREPLACES (PLANNING DIRECTOR MATT PIELSTICKER) (COUNCIL ACTING AS BOARD OF APPEALS UNDER THE BUILDING CODE) Video Start Time: 02:28:28 Matt Pielsticker explained this decision is in front of Council tonight acting as the board of appeals. Planning Director Matt Pielsticker welcomed Building Official Derek Place and Kevin and Mirjana Rowe (homeowners) to discuss the appeal of a Fireplace Permit with the Board of Appeals. Derek Place explained there was a stop work order as this is a municipal code violation (not a building code violation). He also explained that the wood burning fireplace they want to install is more efficient and safer than the original pellet stove. Town Attorney Paul Wisor clarified that the board of appeals cannot change the code and can only rule to approve or deny the appeal. The Town Council will have to discuss amending the Town municipal code in January. He said Council could look at the true intent of the code as incentivizing a more environmentally friendly alternative and improving air quality. The applicants expressed they appreciate the consideration. Board member Underwood moved to approve the appeal thereby allowing the Building Official to issue a building permit for a new wood burning device, citing (1) the intent of the code is upheld with an EPA -certified device, and (2) the new EPA -certified device is better than the pre-existing wood burning devices. Board vice chairwoman Phillips seconded the motion and the motion passed AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 6 to 0. Councilor Thuon was absent. neon Council directed staff to put code amendments on the January meeting agenda. 8.3. UPDATE ON COLORADO GENERAL ASSEMBLY RELIEF BILLS (TOWN ATTORNEY PAUL WISOR) COLORADO Video Start Time: 02:57:42 Paul Wisor summarized the new Colorado Assembly Relief Bills and explained they roughly fall in 3 categories: 1) Small Business Relief (2 bills). 2) Food and Shelter Security (3 bills) 3) Child Care & Pre -School to K12 Education (2 bills). Councilor Andrade suggested to add links to access this information on the Avon website. Mayor Smith Hymes asked for public comments and no public comments were made. 8.4.TOWN MANAGER REPORT (TOWN MANAGER ERIC HEIL) Video Start Time: 03:09:22 Eric Heil highlighted a few things in his town manager report that are timely: 1) A new intern will be starting in January 2) Eva Wilson has provided great info on Avon transit operations 3) We anticipate the Five Star Business Protection Program will be approved by the State on December 18th. 4) There will be no marketing beyond Avon for Nottingham Lake Ice Skating, as current Public Health Orders only allows for 75 people so capacity will be limited. 5) Momentum Trails is making great progress with the West Avon Preserve restorations 6) Matt Pielsticker got organized quickly on the outreach process for the June Creek Emergency Access 7) The 2021 Department Workplans will be presented before the holidays. The idea is that the strategic plan becomes a more visionary multi-year document. 8) Staff is working on updating the Council Handbook and plans to have all documents available on the website soon. 9) IT will work on IT equipment for Council for next year. WRITTEN REPORTS 8.5. December 1" Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 8.6.2020 Capital Improvements Update (Town Engineer Justin Hildreth) 8.7.Transit Winter Operations Update (Mobility Director Eva Wilson) 9. MAYOR AND COUNCIL MOMMENTS & MEETING UPDATES Video Start Time: 03:19:52 Mayor Pro Tem Amy Phillips expressed she attended the EGE alliance meeting yesterday. The County has taken the lead on grant writing to bring new cost carriers to new destinations where we would get AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Avon COLORADO matching funds for that new destination. The overall airline industry has been hit hard by COVID but the industry in our county is doing quite well compared to the nationwide industry. She expressed that we are doing better than most, but most are doing poorly. Mayor Smith Hymes mentioned the EV charging stations which we officially opened last week, there was a press release after the ribbon cutting. She asked staff to add the video of the vaccine rollout procedures to the Town's website. She ended the meeting and suggested Councilors go grab their small bottle of prosecco and pop the cork to raise a toast to the swearing in of new Councilors and say thank you to outgoing councilors and she wished everyone happy holidays. 10. ADJOURN Video Start Time: 03:27:05 There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:28 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.ora. APPROVED: Sarah Smith Hymes Jennie Fancher Jake Wolf Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade RESPECTFULLY SUBMITTED: temndnif mcn2-L j: