TC Minutes 11-24-2020 SPECIALAVON SPECIAL MEETING MINUTES
TUESDAY NOVEMBER 24, 2020 Avon
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 Pro Tem Phillips called the meeting to
order at 5:06 p.m. A roll call was taken, and Council members present by video/audio were Jennie Fancher,
Chico Thuon, Scott Prince and Jake Wolf. Council members Sarah Smith Hymes and Tamra Underwood were
absent as they had a conflict of interest with the topic of this meeting. Also present were Town Manager
Eric Heil, Town Attorney Paul Wisor, HR Director Lance Richards and Executive Assistant to the Town
Manager Ineke de Jong.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:50
No changes were made to the agenda.
Councilor Fancher moved to approve the agenda as presented. Councilor Prince seconded the motion and
the motion passed with a vote of 4 to 1. Councilor Wolf voted no.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:02:09
Councilor Wolf asked if signing the recall petition shows bias and if he should leave tonight's meeting? Town
Attorney Paul Wisor explained that Council already discussed, voted and acted upon councilor Wolf's
conflict of interest during the November 10 meeting. Paul explained that Amy Phillips is no longer subject
to the recall and therefore no longer has a conflict of interest.
Councilor Wolf left the meeting at 5:10 p.m.
4. PUBLIC COMMENT
Video Start Time: 00:04:03
Mayor Pro Tem Phillips explained to the public how to participate via video/audio, via telephone, or via
email for public comments.
Mr. Tom Ruemmler made a public comment and asked if the public gets to comment on the conflict of
interest. He said that Amy Philips and Jennie Fancher both have a bias and conflict of interest and both
should step down from tonight's discussion. He expressed the laws are clear and the town's calculations are
wrong and that everyone that backs the requirement for 496 signatures is guilty of a misdemeanor.
Mr. Michael Cacioppo made a public comment and said he wanted to back up what Mr. Ruemmler just said
including his comments about the conflict of interest for Amy Phillips and Jennie Fancher. He asked why
Amy Phillips is allowed to attend the executive session this evening as she was named in the recall effort
and the fact that she was able to maneuver away from that and put her name on the November ballot does
not remove/change that conflict. She threatened to have petitioners arrested and what more does Paul
need to convince the public that Amy has a conflict of interest? He thinks and hopes this will be litigated.
He said that in addition Jennie Fancher cursed out a petitioner and he wanted her to go on record denying
an accusation that she suppressed petitioners at City Market.
Amy Phillips read a brief statement saying the recall against her is not being discussed tonight and the
discussion involves the recall of two other members of Council. She corrected some inaccurate statements
AVON SPECIAL MEETING MINUTES
TUESDAY NOVEMBER 24, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Avon
COLORADO
and expressed that she has no skin in the game. She expressed that she does have a very deep interest in
making sure that the residents of Avon are adequately represented and that 928 residents voted for her
just three weeks ago.
S. EXECUTIVE SESSION
5.1. FOR THE PURPOSED OF RECEIVING LEGAL ADVICE CONCERNING THE RECALL OF CERTAIN TOWN COUNCILMEMBERS
PURSUANT To CRS Section 24-6-402(4)(B).
Video Start Time: 00:14:54
Mayor Pro Tem stated we are going into an Executive Session for the purpose of receiving legal advice
concerning the recall of certain Town Councilmembers pursuant to CRS Section 24-6-402(4)(B) and asked
for a motion. Councilor Prince moved that motion, Councilor Fancher seconded that motion and it passed
with a vote of 4 to 0. The time was 5:24 p.m.
Executive Session started at 5:24 p.m.
Executive Session ended at 6:21 p.m.
8. ADJOURN
There being no further business before Council, Mayor Pro Tem Phillips moved to adjourn the special
meeting. The time was 6:21 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:
Ineke de g, Execu ive Assistant to
the Town Manager
1
APPROVED: 0
Amy Phillips%ll
Chico Thuon
Jennie Fancher
Scott Prince