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TC Minutes 01-12-2021 AVON REGULAR MEETING MINUTES TUESDAY JANUARY 12, 2021 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. starting with the Liquor Authority meeting. The regular Council meeting was called to order at 5:20 p.m. A roll call was taken, and Council members present by video/audio were Lindsay Hardy, Scott Prince, Tamra Underwood, RJ Andrade, Chico Thuon and Amy Phillips. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daly, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Human Resources Director Lance Richards, Mobility Director Eva Wilson, Public Works Director Gary Padilla, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:20:55 Part One Mayor Smith Hymes asked to add consideration of a letter organized by the Mountain Pact to the President-Elect Biden Administration and Congress as agenda item 5.10. Mayor Pro Tem Phillips moved to approve the agenda as amended. Councilor Underwood seconded the motion and the motion passed unanimously. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:22:29 Part One No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:22:40 Part One Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Sara Cassidy joined the meeting and introduced herself as the Community Liaison for Colorado Midland & Pacific Railway Company, known as CMP. She mentioned CMP has entered into a commercial agreement with Union Pacific Railroad (UP) for the majority of the Tennessee Pass rail line owned by UP and that CMP has filed for common-carrier authority to operate the Tennessee Pass Line with the U.S. Surface Transportation Board, the federal agency that regulates railroads. She said she looks forward to engaging in the transportation planning work already underway to determine how the Tennessee Pass might play a role. Michael Cacioppo commented on the railroad and said houses were shaking back in the day when the railroad was in service. Tom Ruemmler commented that he provided former Council members, the two new Councilors not included, with an explanation of the laws about recall elections. He will also provide this to Councilors Hardy and Andrade for their review. He expressed that anyone going along with the recall lawsuit, is guilty of a misdemeanor. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 12, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Town Attorney Paul Wisor clarified that the Town is not deciding on the railroad, this is initiated by private parties with the consent of a federal agency. He also clarified that with regard to the recall effort, the Town has made the decision to file an action for a declaratory judgement which means we have an interpretation of the law that differs from the Avon recall committee. The Town, and Town Attorney, determined that the most fair way to get an answer was to ask a judge (an impartial third party), to determine what the right answer is. With respect to the implication that the Town Council, Town Clerk and Town Manager committed a misdemeanor, that is absolutely incorrect. Mr. Ruemmler went to the chief of police to file charges of a misdemeanor which was referred to the District Attorney. The District Attorney concluded, largely on the basis that the Town filed for a declaratory judgement, that a disagreement over a legal interpretation is not a crime. 5. BUSINESS ITEMS 5.1. OVERVIEW OF AVON TOWN GOVERNMENT AND GOALS FOR 2021 (TOWN MANAGER ERIC HEIL) Video Start Time: 00:38:53 Part One Town Manager Eric Heil shared his screen and showed where the Council Handbook and guiding documents are available on the website. He then took Council through the simplified rules of order. Mayor Smith Hymes asked to be most productive in the virtual format, for everyone to stay seated with their video on and to turn their camera off if there is a need to move around and to stay muted until you are ready to speak so she can look out for those who want to speak. Town Manager Eric Heil then presented the 2021 department goals and Council provided comments per department. The Department Directors were virtually present. An updated workplan to Council will be presented on January 26th. 5.2. OVERVIEW OF MUNICIPAL LAW (TOWN ATTORNEY PAUL WISOR) Video Start Time: 00:0 0:01 Part Two Mayor Smith Hymes suggested, given the time, to skip item 5.2 for now, move to the rest of the agenda, and assess after item 5.10 if there is time to come back to it then or continue it to a future meeting agenda. Council agreed. Video Start Time: 02:35:23 Part Two Mayor Smith Hymes asked Town Attorney Paul Wisor, due to the time, to please continue this item. 5.3. ORDINANCE 21-01 APPROVING HOLY CROSS FRANCHISE AGREEMENT (TOWN ATTORNEY PAUL WISOR) Video Start Time: 00:0 1:23 Part Two Town Attorney Paul Wisor explained the Ordinance before Council. Council had questions about the length of the agreement, and he explained this is a 20-year agreement. Mayor Smith Hymes asked for public comment and no public comments were made. Mayor Pro Tem Phillips moved to approve on first reading Ordinance 21-01 Granting a Franchise to Holy Cross Energy for Distribution of Electrical Energy to the Residents of the Town of Avon for Light, Heath, Power and Other Purposes, and setting a Public Hearing for second reading for January 26, 2021. Councilor Hardy seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 12, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.4. EMERGENCY ORDINANCE 21-02 AMENDMENT TO CHAPTER 3.28 TO PROVIDE FOR TO COLLECTION AND REMITTANCE OF ACCOMMODATION TAXES BY MARKETPLACE FACILITATORS (PROSECUTING ATTORNEY ELIZABETH PIERCE- DURANCE) Video Start Time: 00:14:55 Part Two Prosecuting Attorney Elizabeth Pierce-Durance joined the meeting and explained this Ordinance shifts the responsibility to collect accommodations tax on Short Term Rentals to the third-party vendors instead of homeowners. It makes it easier to collect sales tax and accommodations tax at the same time from the same party instead of having two separate payments by two separate parties. She clarified that taxes will be collected on the total price including fees such as marketing fees, cleaning fees, etc. The current system is creating quite a bit of confusion and this makes it easier. Town Attorney Paul Wisor explained this is an emergency Ordinance so it can take effect on February 1st instead of having two readings and then have it take effect thirty days after the second reading which would bring us to the end of ski season. Mayor Smith Hymes asked for public comment and no public comments were made. Mayor Pro Tem Phillips moved to approve on first and second reading Ordinance 21-02 Modifying Provisions Relating to the Collection and Remittance of Accommodation Taxes to Improve the Efficiency of Tax Administration for the Benefit of the Town and its Residents. Councilor Hardy seconded the motion and the motion passed unanimously. 5.5. ADOPTION OF 2021 REGULAR MEETING SCHEDULE (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 00:31:40 Part Two General Government Manager Ineke de Jong presented the proposed 2021 meeting schedule for Council discussion and adoption. After Council discussion they made the following changes: 1) Eliminate the June 11th Council Retreat. There will be a retreat in-person once that is allowed. 2) Swap August 11th for July 27th to have a summer break. 3) In October meet on the 12th and 26th, even though that overlaps with an Eagle County Schools break. Councilor Prince excused himself from the July 13th meeting. Michael Cacioppo commented that Council retreats are not transparent. Mayor Smith Hymes and Town Attorney Paul Wisor explained this could not be further from the truth and this is a transparent meeting and very open to the public. Council agreed that if needed Councilors can meet early at 4:00 p.m. but only when needed and with as much advance notice as possible. Council members agreed that scheduling Executive Sessions at 4:00 p.m. is preferable over scheduling it at the end of the meeting. The adopted meeting schedule can be found on the website. Mayor Pro Tem Phillips moved to approve the adoption of the 2021 regular meeting schedule as amended. Councilor Underwood seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 12, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.6. APPOINTMENTS TO BOARDS AND COMMISSIONS (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 01:10:00 Part Two General Government Manager Ineke de Jong presented the 2019-2020 appointments to Boards & Commissions and Council went through it one board and organization at a time to review and make changes. The adopted overview of appointments can be found on the website. 5.7. ORDINANCE 21-03, APPROVING AVON MUNICIPAL CODE AMENDMENTS RELATED TO WOOD BURNING DEVICES (MATT PIELSTICKER) Video Start Time: 01:35:10 Part Two Planning Director Matt Pielsticker presented Ordinance 21-03. Staff put this together per Council direction during the December 8th meeting. Councilor Underwood asked some language to be clarified. Mayor Smith Hymes asked for public comment and no public comments were made. Councilor Underwood moved to approve on first reading Ordinance 21-03 Amending the Wood Burning Device Provisions in the Building Code and direct staff to return with a Public Hearing and second reading at the January 26th regular meeting, as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.8. PUBLIC HEARING, RESOLUTION 21-01, MINOR SUBDIVISION APPLICATION FOR TRACT Y, FILING 3, MOUNTAIN STAR (MATT PIELSTICKER) Video Start Time: 0 1:41:25 Part Two Planning Director Matt Pielsticker introduced the topic. Brian Judge virtually joined the meeting and answered questions from Council. Mayor Smith Hymes asked for public comment and no public comments were made. Councilor Underwood said Council did not have the expertise, but since they cannot continue or ask the Planning and Zoning Commission, she will take the recommendation from staff. Councilor Underwood moved to approve Resolution 21-01 Approving the Minor Subdivision Application for Tract Y, Filing 3, Mountain Star subdivision. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 2. Councilors Prince and Hardy voted no and said they needed more information to take a decision. 5.9. APPROVAL OF ENGAGEMENT LETTER FOR KAPLAN KIRSCH & ROCKWELL TO PROVIDE LEGAL REPRESENTATION AND STRATEGIC ADVICE IN CONNECTION WITH THE ACTIVATION OF THE TENNESSEE PASS RAIL LINE (TOWN ATTORNEY PAUL WISOR) Video Start Time: 02:17:18 Part Two Town Attorney Paul Wisor introduced the topic and explained this is a partnership in terms of cost share with Eagle County. Mayor Pro Tem Phillips moved to approve the Engagement Letter with Kaplan Kirsch & Rockwell as Special Counsel to Provide Legal and Strategic Advice in Connection with the Proposed Activations of AVON REGULAR MEETING MINUTES TUESDAY JANUARY 12, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 the Tennessee Pass Rail Line. Councilor Prince seconded the motion and the motion passed unanimously. 5.10.ADDED ITEM: DISCUSSION TO SIGN ON TO THE LETTER - MOUNTAIN TOWN/CITY/COUNTY LETTER TO BIDEN ADMINISTRATION AND CONGRESS (MAYOR SARAH SMITH HYMES) Video Start Time: 0 2:30:35 Part Two Mayor Smith Hymes explained there is an option to sign on to this letter as the full Council or individual Councilors can sign on themselves. The full Council was supportive to sign on to the letter from the full Council with Avon Town Council as well as their seven individual names. 6. MINUTES 6.1. APPROVAL OF DECEMBER 8, 2020 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK KENDALL MOORE) Video Start Time: 02:34:00 Part Two Mayor Smith Hymes asked to correct paragraph 9 on page 244, one paragraph needs to be deleted as it has been doubled. Councilor Underwood moved to approve the December 8, 2020 Regular Meeting Minutes as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority Nov 19, 2020 Meeting Summary (Mayor Smith Hymes) 7.2. Swift Eagle Charitable Foundation Thank You Letter (Pat Hamilton, Executive Director for Swift Eagle Charitable Foundation) 7.3. ¡Mi Casa Avon! Program Update (General Government Manager Ineke de Jong) 7.4. 2020-2021 Winter Operations Update (Mobility Director Eva Wilson) 7.5. December 15th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 8. MAYOR AND COUNCIL MOMMENTS & MEETING UPDATES Video Start Time: 02:35:52 Part Two Councilor Thuon expressed God bless to Senator Neguse who was named impeachment manager for the Trump trial. He went on to announce that Rich's Auto Body is no longer, and this marks the end of an era. His final comment was that he received a harsh note from a constituent via Facebook Messenger. He does not use social media and that platform so he did not see the message and he encouraged the public to get in touch via email cthuon@avon.org, or to call/text and expressed that social media is not the right medium/platform to connect about Town business. Councilor Underwood expressed she went ice skating on Sunday night and Recreation Director John Curutchet was there working the cabin. She said it is charming and top notch, it is so authentic and implemented so well and wanted to give a big thank you to staff as it is tremendous. She also wanted to compliment Mobility Director Eva Wilson and Transportation Operations Supervisor Jim Shoun and the full Mobility Department for great transit operations over the peak Holidays. The system worked very well. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 12, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Pro Tem Phillips wanted to thank Public Works for scraping the driveway. It was very nice job and she is very thankful. Mayor Smith Hymes echoed the ice skate comments. She commented the Town hosted another business forum to update business owners about relief that is available. Town Attorney Paul Wisor’s presentation and the recording are available on the website. She expressed there is still Eagle County grant money available for small businesses in Eagle County. She concluded saying that for questions, businesses may contact Town Attorney Paul Wisor. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:46 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 Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade