TC Minutes 11-17-2020
AVON REGULAR MEETING MINUTES
TUESDAY NOVEMBER 17, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
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, Jennie
Fancher, Tamra Underwood, and Scott Prince. Council members Jake Wolf and Chico Thuon were absent.
Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, Town
Engineer Justin Hildreth, Assistant Town Manager and 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: 00:01:10
Mayor Smith Hymes announced that tonight's meeting is live via Zoom but not broadcasted live on TV5. The
recording will be broadcasted on Channel 5 this Friday November 20th 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 5 to 0. Councilors Wolf and Thuon were absent.
Councilor Thuon joined the meeting at 5:01 p.m. after the voting for approval of agenda.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:50
Councilor Prince disclosed that his son participates in the Town of Avon’s US Swim Team. Town Attorney
Paul Wisor explained this is a disclosure, not a conflict; therefore, a motion is not required.
4. PUBLIC COMMENT
Video Start Time: 00:04:19
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
5.1. PUBLIC HEARING: PROPOSED 2021 BUDGET (TOWN MANAGER ERIC HEIL)
Video Start Time: 00:05:20
Town Manager Eric Heil presented a quick overview of the 2021 budget for the benefit of the public and
reminded Council this is only a Public Hearing and staff is looking for Council direction to incorporate
into the final version. There were several Council questions about various items, including URA funds,
sales tax projections, employee health care costs, recreation center costs and revenue projections, the
equipment replacement fund, and signs in the Wildridge neighborhood.
Councilor Thuon got disconnected at 6:12 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY NOVEMBER 17, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Mayor Smith Hymes asked for public comments and Michael Cacioppo commented we have roughly
$17 Million dollars in revenues and expenses and $10 Million dollars in debts. He agreed with Councilor
Prince to budget for and pay cash for snowplows every so many years rather than taking on debt. He
wondered about the $75,000 in funding people can get to pay their home through the Mi Casa Deed
Restriction Program. Town Manager Eric Heil clarified these funds come from the Community Housing
Fund.
Mayor Smith Hymes asked to make tonight's presentation on the budget summary available on the
Town’s website, www.Avon.org, and reminded the public that this will be readdressed and adopted
during the December 8th meeting.
A majority of Council expressed they want to learn more about paying cash versus taking on debt and
would like to hear advice from the Finance committee.
Councilor Thuon rejoined the meeting at 6:22 p.m.
5.2.RESOLUTION 20-25, A RESOLUTION APPROVING A DEED RESTRICTION AGREEMENT FOR UP TO NINE (9) COMMUNITY
HOUSING UNITS AT 77 METCALF ROAD (PLANNING DIRECTOR MATT PIELSTICKER AND TOWN ATTORNEY PAUL WISOR)
Video Start Time: 01:24:16
Town Attorney Paul Wisor introduced the topic as Planning Director Matt Pielsticker was still in the PZC
Meeting. Michele Evans and Attorney Ruth Borne joined the virtual meeting and answered several
questions from Council.
Mayor Pro Tem Phillips wants to make sure to either utilize existing definitions of Eagle County
employee and Eagle County employer or update definitions, not only in this document but in our
Municipal Code as well, rather than creating a new definition for this deed restriction only.
Councilor Underwood agreed and requested Town Attorney Paul Wisor to match the definitions used
for deed restricted programs to definitions in the Municipal Code and throughout Town documents.
She also expressed she is in favor of this project; however, she is not in favor of issuing fee waivers in
this light industrial zone for the community housing.
Councilor Wolf joined the meeting at 6:44 p.m.
Councilor Wolf got disconnected at 6:51 p.m. and rejoined at 6:52 p.m.
Councilor Thuon asked Council to do not think too much about this and keep it simple.
Mayor Smyth Hymes asked Attorney Ruth Borne about the “affordability” and “eligible households”
definitions and why definitions for eligible households have to be called out separately if they are all
covered, except “disabled person”, under the Town’s existing Eagle County employee definition rather
than just refer to our current definitions. Attorney Ruth Borne said they will work on matching these
definitions to the Town’s Municipal Code to make it consistent.
AVON REGULAR MEETING MINUTES
TUESDAY NOVEMBER 17, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Mayor Smith Hymes asked for public comments and there were no public comments.
Councilor Prince asked what would happen to the tax assessments if the zone does not change but the
use does (42% residential), will they pay commercial or residential taxes? Michele Evans said there are
other multi-use buildings and the Town does not have to subdivide.
Councilor Wolf moved to continue Resolution 20-25 A Resolution Approving a Deed Restriction
agreement for up to nine (9) Community Housing units at 77 Metcalf Road, to the first part of the
meeting on December 8th. Councilor Prince seconded the motion. Attorney Ruth Borne interrupted right
before the roll call to give one final thought on the fee waivers. The motion failed with a vote of 4 to 3.
Council members Prince, Fancher, Underwood and Mayor Smith Hymes voted no.
After that motion Council discussed the fee waivers. Town Manager Eric Heil explained that sales and
use taxes can be waived. The Building Permit fees can also be waived but they are a real cost to the
Town, and we would prefer not to. After looking at the Code, the water tap fees cannot be waived.
Councilor Thuon left the meeting at 7:52 p.m.
Town Attorney Paul Wisor recapped that he will work with the applicant to amend the definition of an
Eagle County employee, clarify the definition of Eagle County employer, and clarify what happens when
it gets condominiumized in the future. Michele Evans suggested a compromise and asked council if they
would consider a use tax waiver and not the other waivers.
Councilor Prince moved to approve Resolution 20-25 A Resolution Approving a Deed Restriction
agreement for up to nine (9) Community Housing units at 77 Metcalf Road with the three changes that
Town Attorney Paul Wisor mentioned and a fee waiver on use tax only (not building fees and water tap
fees). Councilor Fancher seconded the motion and the motions passed with a vote of 4 to 2. Councilors
Underwood and Wolf voted no. Councilor Thuon was absent.
6. MINUTES
6.1. APPROVAL OF MINUTES FOR NOVEMBER 10, 2020 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES)
Video Start Time: 03:03:30
Councilor Underwood requested changes to section 8 paragraph 1 earlier today which Town Clerk
Brenda Torres implemented. She read that paragraph as amended. Councilor Prince corrected a
misspelling on Bette Todd’s name.
Councilor Fancher moved to approve the minutes from November 10, 2020 Regular Council meeting.
Councilor Prince seconded the motion and the motion passed with a vote of 5 to 1. Councilor Wolf
voted no and Councilor Thuon was absent.
7. WRITTEN REPORTS
7.1. Avon Police Department Semi-Annual Update (Police Chief Greg Daly)
7.2. ECO Transit Update (Mayor Pro Tem Amy Phillips)
AVON REGULAR MEETING MINUTES
TUESDAY NOVEMBER 17, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:06:27
Mayor Smith Hymes corrected the record as last meeting she stated that she left messages for the CDOT
director with no response. She said that today she got a response from Zane Znamenacek, who is a Region
3 Traffic Engineer, and was informed that pedestrian crossing signs as discussed last meeting are approved
and will be installed. She mentioned the next step will be scheduling a work session with CDOT and Eagle-
Vail and Eagle County Commissioners to discuss further improvements. Her second point was that Eagle
County has gone to the Orange level of the COVID-19 dial, it is serious business and we all need to do our
part to protect the ski season. She closed her comments saying goodbye to Blue Plate, who sadly closed
their business.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 8:11 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