TC Minutes 05-25-2021
AVON REGULAR MEETING MINUTES
TUESDAY MAY 25, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
1. CALL TO ORDER AND ROLL CALL
Video Start Time: 00:02:07
The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the Liquor
Authority meeting to order at 5:00 p.m. and the Council regular meeting to order at 5:17 p.m. A roll call
was taken, and Council members present by video/audio were Lindsay Hardy, Scott Prince, Tamra
Underwood, Amy Phillips, and Chico Thuon. Councilor RJ Andrade was absent. Also present were Planning
Director Matt Pielsticker, HR Director Lance Richards, Chief of Police Greg Daily, Town Manager Eric Heil,
Town Attorney Paul Wisor, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres.
EXECUTIVE SESSION FOR THE PURPOSE OF A PERSONNEL MATTER CONCERNING TOWN MANAGER ANNUAL REVIEW
PURSUANT TO CRS §24-6-402(4)(F)
Mayor Pro Tem Phillips moved to move the Executive Session for the Purpose of a Personnel Matter
Concerning Town Manager Annual Review Pursuant to CRS §24-6-402(4)(F). Councilor Hardy seconded
the motion and the motion passed with a vote of 5 to 0. Councilor Andrade was absent, and Councilor
Underwood had technical difficulties and got disconnected. The time was 4:00 p.m.
Council went into a different Zoom link for the virtual Executive Session.
The Executive Session started at 4:02 p.m.
The Executive Session ended at 4:53 p.m.
2. APPROVAL OF AGENDA
Video Start Time: 00:19:25
Mayor Pro Tem Phillips requested and moved to continue the 4:00 p.m. Executive Session for the Purpose
of a Personnel Matter Concerning Town Manager Annual Review Pursuant to CRS §24-6-402(4)(F) after
agenda item 8, Mayor and Council updates. Councilor Underwood seconded the motion and the motion
passed with a vote of 6 to 0. Councilor Andrade was absent.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:21:00
Town Attorney Paul Wisor recused from agenda item 5.3 Off-Highway Vehicles Ordinance, as his parents
live in Wildridge and have participated on this topic. His colleague Andrea Bryan will be present.
4. PUBLIC COMMENT
Video Start Time: 00:21:47
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. INVITATION: ART AROUND AVON WALK JUNE 11 (CULTURE, ARTS & SPECIAL EVENTS MANAGER DANITA DEMPSEY)
Video Start Time: 00:22:29
CASE Manager Danita Dempsey presented the invitation for the inaugural Art Around Avon Program,
to be held on Friday, June 11th between 5:00 p.m. and 7:30 p.m. The program will kick-off with an
AVON REGULAR MEETING MINUTES
TUESDAY MAY 25, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
invitation only Artist Reception at 5:00 p.m. at Avon Town Hall followed by the Art Around Avon
Walking Tour open to the public at 6:00 p.m.
Mayor Smith Hymes asked for public comments and no public comments were made.
5.2. PRESENTATION: SPEAKUP REACHOUT (ERIN EVIE, EXECUTIVE DIRECTOR)
Video Start Time: 00:26:04
Erin Ivie, SpeakUp ReachOut Executive Director, joined the meeting and thanked Council and
Chief Daly for their continued support. She e xplained that SpeakUp ReachOut provides
education and awareness, while the other agencies , like the Hope Center and Eagle Valley
Behavioral Health, offer more education and follow -up services; she then showed Council
suicide in Eagle County statistics.
Councilor Thuon got disconnected at 5:30 p.m. and rejoined by phone call at 5:32 p.m.
5.3. PUBLIC HEARING: SECOND READING OF ORDINANCE 21-07: AN ORDINANCE PROVIDING FOR THE ADOPTION
OF A NEW CHAPTER 10.40, OFF-HIGHWAY VEHICLES (CHIEF OF POLICE GREG DALY)
Video Start Time: 00:40:25
Town Attorney Paul Wisor was recused and left the meeting . Andrea Bryan joined at 5:38 p.m.
Mayor Smith Hymes thanked the public for all the continued comments. She reminded the
public that tonight's discussion will be limited to O ff-Highway Vehicles and not access to USFS
Road 779.
Chief Daly presented and said the o rdinance is not written to sunset, but The Town would
review effectiveness of the o rdinance in October. He said he is impressed by all the public input
that has been passionate , but also very respectful of differences in opinions. He remind ed the
public that there will be a lot of police activity due to the evacuation exercise in Wildridge
tomorrow.
Mayor Smith Hymes asked for public comments first and said Council will discuss after hearing
from the public. Several public comments were made.
Tim Stephens, a second homeowner from Dallas with property on Wildridge Road East,
expressed that he enjoys the quiet and is very disturbed by the noise and worried about
increased traffic and does not support this ordinance. He asked who would really benefit from
this. Spencer Ball, a Wildridge resident with property near the 779 trailhead , expressed how
nothing is changing and he supports the ordinance. Jack Gardner, a Wildridge resident,
expressed that he is worried about enforcing the 15 MPH speed limit. Samantha Lathram, a
Wildridge resident , expressed how important this is for her and her family a nd she supports
this o rdinance. Craig Lathram, a Wildridge resident , expressed that he supports the ordinance
and said th at it is not for commercial use, it is just about the neighbors. Patricia Plavec, a
Wildridge resident, expressed that she supports the ordinance and what has been previously
said, and that safety is an all -around issue, not just an OHV issue. Charley Viola, a Wildridge
resident , expressed how he did not want to reiterate his letters but wanted to comment on real
AVON REGULAR MEETING MINUTES
TUESDAY MAY 25, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
estate values and said that OHV is a big selling factor.
Mayor Smith Hymes asked for a few changes and requested to set a firm date to review and
discuss this in October. Councilor Un derwood requested several changes, she agreed on a firm
date in October but wanted to point out that Council cannot make any changes or repeal at that
point in time and feels rushed on passing this ordinance. She further expressed concerns with
private pro perty.
Councilor Prince moved to approve Second Reading of Ordinance 21 -07 with the following
modifications : Clean up grammatical CRS at 10.40.010; Section G improve language regarding
lighting power ; Item M with respect to sidewalks, modify to “no OHV shall be operated on
sidewalks, designated pedestrian/bike lane ” and refer to that properly ; Tighten up the map, not
all the way around the horseshoe and to r emove reference to 7171A .
After discussion, the motion did not include further clarification of place of storage. Mayor
Smith Hymes clarified that Council intends to review the ordinance in the fall. Councilor Hardy
seconded the motion and t he motion passed with a vote of 5 to 1. Councilor Underwood voted
no. Councilor Andrade was absent.
Andrea Bryan left the meeting and Town Attorney Paul Wisor rejoined at 6:52 p.m.
5.4. PRESENTATION : CLIMATE ACTION P LAN UPDATE (KIM SCHLAEPFER CLIMATE ACTION COLLABORATIVE , PROJECT
MANAGER ) Video Start Time: 01:53:13
Kim Schlaepfer, Climate Action Collaborative Project Manager, joined the meeting and presented the
updated Climate Action Plan. She proposed for Council to adopt the updated Climate Action Plan by
resolution. Council had several questions, including fossil fuel offsets and where to bring
yard/landscape waste. Council members present were supportive of putting a resolution on recycling
on a future agenda.
Councilor Thuon got disconnected at 7:07 p.m.
5.5. RESOLUTION 21-12 SUPPORTING HEALTHY RIVERS & WATERSHEDS (TOWN MANAGER ERIC HEIL)
Video Start Time: 02:31:47
Town Manager Eric Heil presented and mentioned that this resolution was requested by t he
Town of Minturn to jurisdictions in Eagle County to support healthy rivers and watersheds.
Mayor Pro Tem Phillips moved to approve Resolution 21-12 Supporting Health Rivers and
Watersheds. Councilor Prince seconded the motion and the motion passed with a vote of 5 to
0. Councilors Thuon and Andrade were absent.
5.6. RESOLUTION 21-13 REPEALING EMERGENCY DECLARATION (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 02:34:03
Town Attorney Paul Wisor presented and mentioned that while the pandemic is still here, the
emergency stage has now passed . Mayor Smith Hymes clarif ied this is distinct from the mask
AVON REGULAR MEETING MINUTES
TUESDAY MAY 25, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
ordinance which was already repealed in April.
Mayor Pro Tem Phillips moved to approve Resolution 21 -13 thereby repealing the Declaration
of Local Disaster Emergency. Councilor Underwood seconded the motion and t he motion
passed with a vote of 5 to 0. Councilors Thuon and Andrade were absent.
5.7. P RESENTATION: OVERHAUL OF DISCOVERAVON.ORG WEBSITE (COMMUNICATIONS MANAGER ELIZABETH
WOOD)
Video Start Time: 02:37:12
Councilor Thuon rejoined the meeting at 7:44 p.m.
Communications Manager Liz Wood presented the live webpage discoveravon.org which is the
Town’s website designed to provide visitors with Things to Do, Places to Stay and Getting
Around topics. She mentioned how it has a lot of great information for visitors who want to see
this all –in one place. Dennis McMahon joined and they both showed the back end on Google
Analyti cs.
5.8. EXTENSION REQUEST FOR A DEVELOPMENT PLAN APPROVALS – LOT B HOTEL / 130 W. BEAVER CREEK BOULEVARD
(PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 02:59:25
Planning Director Matt Pielsticker joined the meeting together with Peter Evers and Josh Brewton.
Staff expressed they would like more time to work with the developer to hammer out details about
employee mitigation in this project.
Councilor Thuon got disconnected at 8:15 p.m.
Councilor Underwood moved to continue this matter to the June 8th meeting. Mayor Pro Tem Phillips
seconded the motion and the motion passed 5 to 0. Councilors Thuon and Andrade were absent.
5.9. NOTICE OF AWARD FOR THE BUCK CREEK ROAD ASPHALT OVERLAY & REPAIRS (PROJECT ENGINEER JIM HORSLEY)
Video Start Time: 03:18:01
Town Engineer Jim Horsley joined to present the notice of award. He expressed how this section
was last paved in 2002 and is showing signs of wear, erosion and retaining wall damage. He said
this was on bidnet for 4 weeks and the Tow n received two bids, and that the goal is to start in
mid-August .
Councilor Thuon rejoined the meeting at 8:17 p.m.
Councilor Underwood moved to approve issuance of notice of award for the Buck Creek Road
asphalt overlay and repairs project contract to the low bidder, United Companies, in the amount
of $595,583 . Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote
of 6 to 0. Councilor Andrade was absent.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 25, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
6. MINUTES
6.1. APPROVAL OF MAY 11, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES)
Video Start Time: 03:27:47
Councilor Underwood wanted to point out that we are missing minutes from the May 6th Special
Meeting of the Town Manager Evaluation.
Councilor Underwood moved to approve the minutes from May 11th regular meeting. Mayor Pro
Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Andrade
was absent.
7. WRITTEN REPORTS
7.1. Monthly Financials (Senior Accountant Joel McCracken)
7.2. Eagle County Regional Transportation Authority May 12, 2021 Meeting Minutes (Mayor Pro
Tem Amy Phillips)
7.3. May 18th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:29:17
Councilor Thuon asked Town Manager Eric Heil and staff to have a look at the underpass and see if we
can put up jersey barriers temporarily in the summer.
Mayor Pro Tem Phillips reminded everyone of the $100 rebates for all flights from EGE this summer. She
said flights are very affordable and she hopes locals take advantage of these coupons. Her second
comment was that she is so appreciative of Chief Daly and his team and our amazing Police Department.
She mentioned how it is 1 year ago today that George Floyd was murdered in Minneapolis.
Councilor Thuon had another request for staff to review safety equipment for lifeguards near both the
dock and the beach.
Councilor Thuon got disconnected at 8:33 p.m.
Video Start Time: 03:35:11
Mayor Smith Hymes requested a motion to move back to Executive Session. Councilor Underwood
moved to return into Executive Session for the purpose of a Personnel Matter Concerning Town Manager
Annual Review Pursuant to CRS §24-6-402(4)(F). Mayor Pro Tem Phillips seconded the motion and the
motion passed with a vote of 5 to 0. Councilors Thuon and Andrade were absent.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 8:35 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 25, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
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