TC Minutes 02-23-2021
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 23, 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. A roll call was taken, and Council members present by video/audio were Lindsay
Hardy, Scott Prince, Tamra Underwood, RJ Andrade, Amy Phillips, and Chico Thuon. Also present were
Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Town Engineer Justin
Hildreth, Assistant Town Manager and Finance Director Scott Wright, General Government Manager
Ineke de Jong, and Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:45
Councilor Underwood requested to pull item 7.2. Updated Avon Brand Guidelines to be discussed at a
future Council meeting.
Councilor Prince moved to approve the agenda as amended. Councilor Hardy seconded the motion and
the motion passed with a vote of 7 to 0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:03:21
No conflicts of interest were disclosed.
Mayor Smith Hymes mentioned Council meeting is Live on Channel Five and Facebook and explained
how to participate and provide public comments. She reiterated that Councilors cannot check their digital
devices during the meeting and asked the public to provide public comments by Zoom, phone, or email.
She expressed that the new website www.engage.avon.org is Live and community members have the
opportunity to engage in the conversation on different topics, such as the Tennessee Pass Rail Line
Reactivation and access to US Forest Service Roads. She mentioned a full presentation will follow at the
next Council meeting. Town Manager Eric Heil briefly showed how to access the website which is a quick
button on the top of our homepage, www.avon.org. He explained a quick registration is required to make
a public comment in the Guestbook.
4. PUBLIC COMMENT
Video Start Time: 00:08:52
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. PRESENTATION: EAGLE VALLEY LAND TRUST PARTNERSHIP AND UPDATE ON LAST SUMMER'S PROGRAMS ON THE WEST
AVON PRESERVE (OLIVER SKELLY, COMMUNITY CONSERVATION COORDINATOR AT THE EAGLE VALLEY LAND TRUST)
Video Start Time: 00:09:33
Oliver Skelly, the Community Conservation Coordinator at the Eagle Valley Land Trust, joined the
meeting and presented.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 23, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
He mentioned the focus now is on getting trail ambassadors to encounter people during the busy
hiking times to make it clear on why it is important to stay off these trails at this time.
Mayor Smith Hymes asked for public comments and no public comments were made.
Council expressed they appreciate the update and the partnership.
5.2. PROCLAMATION: ONE BOOK ONE VALLEY (OBOV) 2021 (LORI A. BARNES, DIRECTOR OF LIBRARY SERVICES FOR
TOWN OF VAIL)
Video Start Time: 00 :25:44
Lori A. Barnes with the Vail Public Library joined the meeting. She expressed this year is a special year
as it is the tenth anniversary of the One Book One Valley initiative and they received the National
Endowment for the Arts Big Read grant. She spoke about this year's book, LAB Girl by Hope Jahren.
She said the author is virtually coming to the Valley in April 17th and mentioned OBOV is one of eight
organizations nationwide reading this book. Council congratulated her on getting this grant and being
part of a national and nationwide author event. Mayor Smith Hymes read the official proclamation
for One Book One Valley 2021.
5.3. NOTICE OF AWARD RECREATION CENTER LOCKER ROOM REMODEL PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 00:34:28
Town Engineer Justin Hildreth joined the meeting and presented the notice of award. He spoke about
the cost implications of the better product.
Councilor Prince asked if the bid includes sufficient "replacement product" so parts can be replaced
in 15-20 years when this particular product may not be in production anymore. Town Engineer Justin
Hildreth explained the bid includes some but not enough replacement parts to last a 15-20 year life.
Mayor Pro Tem expressed concern with the materials, life span and the replacement plan, and she
wondered what the eco-friendly nature of this product is. Councilor Hardy echoed Mayor Pro Tem
Phillips’ comments and expressed concern with downsizing the number of lockers, especially with a
potential future expansion. Councilor Thuon suggested the current lockers be recycled, perhaps for
use on the Nottingham Beach for locker storage, instead of ending up in the landfill. Councilor
Underwood discussed the timeline. Mayor Smith Hymes asked to plan ahead on what we are doing
with the old lockers, so they do not go to the landfill. Councilor Prince did some research at that
moment and found out that this is not a new product and mentioned he did not find anything about
the environmental impact. Town Engineering will find these answers for Council.
Mayor Smith Hymes asked for public comments and no public comments were made.
Councilor Underwood moved to continue this item to the March 9th meeting. Councilor Hardy
seconded the motion and the motion passed unanimously.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 23, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
5.4. DISCUSSION WALMART REUSABLE PLASTIC BAGS (INTERN EMILY MYLER)
Video Start Time: 00:55:01
Intern Emily Myler was unable to attend as she was attending a class. General Government Manager
Ineke de Jong introduced the topic. Mayor Pro Tem Phillips wondered if the public would actually
reuse these bags. Councilor Andrade and Councilor Hardy mentioned they had felt/touched the
product earlier this week and expressed that it feels like a thicker version of the formerly-used plastic
bag. Councilor Thuon expressed this product is a "wolf in sheep's clothing" and allowing this product
would be going backwards on all efforts made to date to protect the environment. Councilor Prince
expressed we made tremendous progress, but the market found a loophole in our Ordinance. He
said he is supportive of opening up a public process to look at our Code, but this needs to be
consistent throughout the valley.
Mayor Smith Hymes expressed our community has made progress and changed behavior and this
product will be perceived as a disposable bag and we would be moving backwards. She wanted to
state that the bag Ordinance was not intended to be a revenue generator, but an incentive to change
behavior.
Mayor Smith Hymes asked for public comments and no public comments were made.
Mayor Smith Hymes took a poll and the majority of Council was supportive to rework the
Ordinance to close this loophole. Staff will craft a new Ordinance and bring it back to Council
at a future meeting.
5.5.WORK SESSION: REVIEW AND DISCUSSION OF QUASI-JUDICIAL HEARINGS (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 01:24:06
Town Attorney Paul Wisor took Council through a presentation with information on Quasi-
Judicial Hearings.
Councilor Prince asked what the timing is in order to become part of a public record. Town
Attorney Paul Wisor explained the is not really a timeline and Staff would notify Council when
a public comment has been submitted prior to a Council meeting to be part of the record . Mayor
Smith Hymes asked when a Public Hearing starts and ends. Councilor Prince suggested to add
this information in the New Council presentation every two years . Councilor Hardy asked Town
Attorney Paul Wisor to explain the Finding and Conditions concept and encouraged Council to
attend Planning and Zoning meetings to see how their process is. Town Attorney Paul Wisor
asked Council to not make any comment if they attend these Hearings as they are supposed to
be unbiased.
6. MINUTES
6.1. APPROVAL OF FEBRUARY 9, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES)
Video Start Time: 01:51:18
Councilor Underwood requested 3 small changes which Town Clerk Brenda Torres incorporated
earlier: on item 3, very last line to add the word “property”. On item 8, to add “of the NWCCOG
second homes report”, and item 9.3 to be crossed out as it was pulled out from the agenda.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 23, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Councilor Underwood moved to approve the February 9, 2021 Regular Meeting Minutes with the
three changes described. Mayor Pro Tem Phillips seconded the motion and the motion passed
unanimously.
7. WRITTEN REPORTS
7.1. February 2nd Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
7.2. Updated Avon Brand Guidelines (Communications Manager Elizabeth Wood)
7.3. Capital Improvement Plan Projects 2018-2019-2020 (Town Engineer Justin Hildreth)
7.4. Upper Eagle Regional Water Authority Jan 28, 2021 Meeting Summary (Mayor Smith Hymes)
7.5. Update on Temporary & Permanent Art Installations (CASE Manager Danita Dempsey)
8. MAYOR AND COUNCIL MOMMENTS & MEETING UPDATES
Video Start Time: 01:53:52
Councilor Thuon wanted to get the word out and reiterate that getting the COVID-19 vaccine lessens the
severity of the illness, but you can still get sick, and should continue to follow protocols including wearing
a mask. Secondly, he would like staff to address the manhole covers in overlays, and probably put this
topic on a future agenda. Thirdly, he would like to guide staff to follow up with the people in Wildwood
about deed restricted properties, he expressed that residents want to know what happened since COVID-
19 started. Fourthly, he was invited to a mask-free meeting about the recall election and he wanted to
disclose he is attending that meeting to listen to people, wearing double-mask. Mayor Smith Hymes
expressed that it is great that Councilor Thuon shared/disclosed this.
Mayor Pro Tem Phillips thanked Councilor Thuon for attending that meeting with open ears and two
masks. She commented she attended a Zoom meeting with Colorado Representative Neguse's staff and
there was a dialogue about infrastructure projects in our region. The takeaway was safety on existing
roads including widening roads to provide bike lanes and shoulders. She said that other important topics
discussed were the DC charging stations, multi-modal transit, and the expansion of Pegasus ('baby
bustang').
Mayor Smith Hymes reported she attended the Climate Action Collaborative (CAC) quarterly meeting last
Monday and that the annual report is ready and will be made available electronically. She mentioned the
CAC added water, carbon sequestration and resiliency as working groups, which was missing from the
original action committees. She spoke about a presentation on innovations and solutions and said that
there are things that the Town can implement immediately. Secondly, she mentioned that the contractor
is mobilizing this week to start the demo of former Town Hall. She expressed the hope is to save the
beautiful and mature trees surrounding the building however the asbestos mitigation team is required
to dig 12 ft deep in the foundation which requires taking down a lot of the big trees, she wanted the
public and Council to be prepared for this.
9. EXECUTIVE SESSION
Video Start Time: 02:08:29
9.1. FOR PERSONNEL MATTERS PURSUANT TO SEC. 24-6-402(4)(F) REGARDING THE ANNUAL TOWN MANAGER
PERFORMANCE EVALUATION PROCESS.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 23, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Mayor Smith Hymes asked for a motion to go into Executive Session for the reasons listed under 9.1. She
expressed that no decisions will be made. Councilor Prince moved to go into Executive Session. Mayor
Pro Tem Phillips seconded the motion and the motion passed unanimously. The time was 7:09 p.m.
The Executive Session started at 7:13 p.m.
The Executive Session ended at 8:06 p.m.
10. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 8:06 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