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TC Minutes 06-08-2021 AVON REGULAR MEETING MINUTES TUESDAY JUNE 8, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:02:07 The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Liquor Authority meeting to order at 5:01 p.m. and the Council regular meeting to order at 5:15 p.m. A roll call was taken, and Council members present in person were Lindsay Hardy, Scott Prince, Tamra Underwood, Amy Phillips, Chico Thuon, and RJ Andrade. Also present were Public Works Director Gary Padilla, Mobility Director Eva Wilson, Chief of Police Greg Daily, Town Manager Eric Heil, Town Attorney Paul Wisor, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:14:33 Mayor Pro Tem Phillips moved to approve the agenda as presented. Councilor Thuon seconded the motion and the motion passed unanimously. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:14:53 Town Attorney Paul Wisor recused from agenda item 5.3 Forest Service Road 779 discussion, as his parents live adjacent to this road and have participated on this topic. 4. PUBLIC COMMENT Video Start Time: 00:15:35 Mayor Smith Hymes explained to the public that comments in person will be taken first, then those via Zoom. No public comments were made. 5. BUSINESS ITEMS 5.1. AVON PD SWEARING IN AND BADGE PINNING OF OFFICER LOPEZ, OFFICER VILLEGAS, DETECTIVE HERNANDEZ AND SERGEANT HERRERA (POLICE CHIEF GREG DALY) Video Start Time: 00:16:16 Mayor Smith Hymes mentioned that this is a first for the Avon Police Department to swear in four Latinx police department officers at the same time and presided over tonight's swearing in and badge pinning of Officer Lopez, Officer Villegas, Detective Hernandez and Sergeant Herrera. The Oath of Office was administered by Town Clerk Brenda Torres. Their families were present to pin their badges. 5.2. AVON PD AWARDS PRESENTATION (POLICE CHIEF GREG DALY) Video Start Time: 00:26:16 Chief Greg Daly presented the awards as outlined in the packet: Lifesaving Medal – Awarded to members directly responsible for saving/prolonging a human life (extended by days or weeks): Master Police Officer Mike Lundblade and Officer Al Zepeda . Medal of Merit – Recognition of outstanding leadership during a major incident or over a period of time: Deputy Chief of Police Coby Cosper. AVON REGULAR MEETING MINUTES TUESDAY JUNE 8, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Department Teamwork Citation – For a group of employees that came together as a team and achieved exceptional results relating to a specific incident or event: Sergeant Matt Jamison, Detective Sergeant Jon Lovins, Sergeant Bal Herrera, Officer Al Zepeda, Officer Corey Baldwin, Deputy Chief Co by Cosper and Chief Greg Daly . Certificate of Appreciation – An award presented to a citizen or employee that should be recognized for their service. First to Gary Padilla, Drew Isaacson, Kevin Fontana, Steve Maestas, Paul Lampe, Joe Gilles, Steven Huesto n, Arnulfo Galvez, Jessie Sipkovsky, Hugo Castillo, Martin Reza, Nathan Anderson, Moises Medina, Timothy Milligan, Angelo Rivera, and Trevor Dinkel. Second to Craig Wilmers, Lancer Cooke, Vern Velasquez, Dillon McClure, John McDade, Michael Keenan, Nevada Wilde, Samuel Farnen and Kate Franklin. Third to the men and women of the Avon Mobility Department, led by Eva Wilson, Jim Shoun and Simon Williams. 5.5. FIRST READING OF ORDINANCE 21-08 MODEL TRAFFIC CODE (TOWN PROSECUTOR ELIZABETH PIERCE- DURANCE ) Video Start Time: 00:40:20 As Council was a little ahead of schedule, Council decided to skip agenda items 5.3 and 5.4 and discuss 5.5 first. Town Prosecutor Elizabeth Pierce -Durance introduced the Ordinance and explained that the Town needs to update its Ordinance to reflect the changes by the Department of Transportation . She mentioned that the m ain change is on the penalty section and that the Penalty Assessment still has a 2-point auto-reduction if the fine is paid within 20 days of the summons issuance date. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to approve First Reading of Ordinance 21 -08 Adopting the 2020 Model Traffic Code by Reference for Use Within the Town of Avon with the changes proposed . Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.3. WORK SESSION: FOREST SERVICE ROAD 779 (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:49:49 Town Attorney Paul Wisor was recused and left the meeting at 5:52 p.m. Planning Director Matt Pielsticker virtually joined the meeting and introduced the topic. Leanne Veldhuis, the new district ranger with the US Forest Service , joined the meeting in person in the Council Chambers to answer Council questions. She confirmed that it is not unusual for local jurisdictions/governments to participate financially and sign an agreement with the USFS to keep these roads open. Mayor Smith Hymes asked for public comments and there were several public comments: Devon DeCrausaz, present as a Wildridge homeowner, mentioned that she is the founder and president of the Wildridge Trail Coalition, and expressed that she is present to of fer help and thank Council for spending time on this topic. Rick Smith , present as a Wildridge homeowner , expressed how recreation on these roads create vibrancy and energy for the community and is happy to assist clearing trees. AVON REGULAR MEETING MINUTES TUESDAY JUNE 8, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Charley Viola, present as a Wildridge homeowner , complimented Council for taking this on and expressed that there would only be two areas need ing attention to get this road in good shape. Spencer Ball, virtually present as a Wildridge homeowner and representing the Rocky Mountain Sport Riders ’ Group, thanked Council for listening to the dialogue and listening to all the opinions and looks forward t o working with Leanne . He asked Council to please help get the District ’s attention on motorized use. David Dantas , virtually present as a member of the public , expressed how he previously served on the Avon Town Council and commented that the Town appealed past closures. He commented on what is happening with trail closures around us. Charlie Sherwood, virtually present as a Wildridge Resident , expressed that he has seen the dust getting bigger and keeping more access is better than reducing access to spread use across many roads. He said use of the trails is one of the reasons to live in Wildridge. Town Manager Eric Heil explained that staff is working with t he USFS to preserve the status quo and work on a simple MOU to agree to work together and explore cost sharing arrangements for the road maintenance. He said that this maintenance will be to control the challenging sections that have some erosion with some light maintenance and that the Town is not working on parking arrangements on Wildridge Road. Councilor Underwood wanted to inform the public to look into the "SHRED" Act to support the ski area retention bill and to send letters of support to keep a port ion of the ski area fees in the area. Town Attorney Paul Wisor rejoined at 6:52 p.m. 5.4. WORK SESSION: EMERGENCY SIREN WILDRIDGE (TOWN MANAGER ERIC HEIL) Video Start Time: 01:45:48 Town Manager Eric Heil introduced the topic and expressed how he takes responsibility for not including this in the 2020 CIP plan or staff report and not having a public process. He explained how the idea for the siren came up after the 2019 Wildridge evacuation drill where it took too long to notify all the residents and where the Town learned that Bachelor Gulch has a siren for this reason. Town Engineer Justin Hildreth was present to answer Council questions about the position. Council asked if staff could look into camouflaging the white generator and to study other locations that are cheaper to run power to and that are less obstructive to the neighborhood. Council also asked if the acoustics could be reevaluated and if more money could be spent on more sirens where we already have electrical infrastructure instead of having just this one and spending the $40K on the electrical service to that location. Chief Greg Daly was also present to answer Council questions on the use of this siren. Mayor Smith Hymes asked for public comments and there were several public comments: Charley Viola, present as a Wildridge homeowner, expressed that for the Water District antenna, there was a public process. He mentioned how it was flawed, but it was still a process and there was a compromise reached at the end of it. He said for this siren, there was no process and there should have been, and the lack of process is what got us here. He suggested that a series of lower profile sirens may be the right direction to go and asked Council to please study alternatives and take it through a public process. AVON REGULAR MEETING MINUTES TUESDAY JUNE 8, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Devon DeCrausaz, present as a Wildridge resident, mentioned that she lives 8 houses down from Charley Viola and expressed that she did not hear the siren and would much prefer to use technology that is already out there instead of spending money on this siren and power source. Debbie Lathram, virtually present as a Wildridge resident, said she lives next door to Charley Viola. She said she hopes the Town can go through a process for this and if it turns out that a tower is really needed, then the Town needs to shield it and make it more aesthetically attractive. She expressed how it sounded like a low vacuum in her house and was very hard to hear and questions if this is the best solution. Mayor Smith Hymes wanted to express that she is on the Water Authority Board and predictions on wildfires this summer will be dire and evacuation through Wildridge is a major concern. Deputy Chief Cosper joined to answer Council questions. Councilor Andrade suggested to keep in place what the Town has for now and to work on a remedy and a public process which will take time. Councilor Thuon asked when and how the public process will take place. Councilors Hardy and Prince said this should go to the Planning and Zoning Commission first. Town Manager Eric Heil said staff can send this to Community Development Department as a new application and take it from the start. Chief Daly said this needs to be tested again as it was only tested once. 5.6. EXTENSION REQUEST FOR A DEVELOPMENT PLAN APPROVALS – LOT B HOTEL / 130 W. BEAVER CREEK BOULEVARD (PLANNING D IRECTOR MATT P IELSTICKER ) Video Start Time: 02:47:19 Planning Director Matt Pielsticker joined virtually together with Josh Brewton and Peter Evers and they answered Council questions. Planning Director Matt Pielsticker said the recommended motion in the packet should read December 15 th and September 15 th. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to approve the six (6) month extension to the Development Approvals for the Avon Hotel on Lot B, Avon Center at Beaver Creek Subdivision, now set to expire December 15, 2021, with direction to address and incorporate Inclusionary Zoning, Landscaping, Electric Vehicle Charging, and Solar Ready code provisions. Mayor Pro Tem Phillips seconded th e motion and the motion passed unanimously. 5.7. RESOLUTION 21-14 ADOPTING THE UPDATED CLIMATE ACTION PLAN (TOWN ATTORNEY PAUL WISOR) Video Start Time: 02:56:28 Town Attorney Paul Wisor explained how Council heard a full presentation on the updated CAP from Kim Schlaepfer at the last meeting and how this Resolution incorporates those updates into the current plan. Mayor Smith Hymes asked for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY JUNE 8, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Thuon moved to approve Resolution 21-14 Adopting the Updated Climate Action Plan 2020. Mayor Pro Tem Phillips seconded th e motion and the motion passed unanimously. 5.8. RESOLUTION 21-15 AMENDING AND RE-ADOPTING THE SIMPLIFIED RULES OF ORDER FOR AVON TOWN COUNCIL MEETINGS TO REFLECT REMOTE ATTENDANCE POLICY (TOWN ATTORNEY PAUL WISOR AND TOWN MANAGER ERIC HEIL) Video Start Time: 02:58:55 Town Manager Eric Heil started by thanking Robert McKenner and JK and Arjun with High Five Media for making this hybrid meeting platform possible. He expressed how this took a lot of work, energy and time and that it is working great. He and Town Attorney Paul Wisor then explained how the pandemic has changed remote participation standards. He said it is up to Council to decide on the guidelines for regular meetings, quasi-judicial hearings, and executive sessions. After Council discussion, Town Attorney Paul Wisor suggested to bring back a range of approaches with respect to absences and how those are addressed for Council to adopt by resolution at the next meeting, if appropriate. In addition, he will bring back a draft of an Ordinance addressing attendance generally and Council can also consider that at first reading at the next meeting. Council agreed with that recommendation. Councilor Underwood made some suggestions regarding the proposed rules. Councilor Thuon moved to continue Resolution 21-15 Amending and Re-Adopting the Simplified Rules of Order for Avon Town Council Meetings to Reflect Remote Attendance Police to the June 22nd meeting. Councilor Underwood seconded the motion and the motion passed unanimously. 6. MINUTES 6.1. APPROVAL OF MAY 6, 2021 SPECIAL COUNCIL MEETING MINUTES (TOWN ATTORNEY PAUL WISOR) Video Start Time: 03:34:14 Councilor Underwood requested to update the numbering of the headers. Councilor Underwood moved to approve the minutes from the May 6th Special meeting with those two changes. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 6.2. APPROVAL OF MAY 25, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 03:35:16 Councilor Prince asked to please double check the spelling of Kim Schlaepfer's last name. Councilor Thuon moved to approve the minutes from the May 25th Regular meeting as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Andrade abstained from the vote as he was not present for the May 25th meeting. 6.3. APPROVAL OF JUNE 2, 2021 SPECIAL COUNCIL MEETING MINUTES (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 03:35:53 Councilor Thuon moved to approve the minutes from the June 2nd Special meeting as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY JUNE 8, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 7. WRITTEN REPORTS 7.1. June 1st Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. May 20th CASE Committee Draft Meeting Minutes (General Government Intern Emily Myler) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:36:41 Mayor Pro Tem Phillips provided some updates from the EGE Air alliance and said that almost all thousand $100 rebates have been used up. The alliance has received proposals for additional airlines next winter and are 80% confirmed on a grant opportunity. She said that the airport is recovering better than other airports. Secondly, she reported that she attended the VVP success awards at the Eagle-Vail Pavilion, which was wonderful. She mentioned how Heath Harmon was given the top award and a lot of awards went to Eagle County Health & Vail Health. Councilor Andrade commented that he likes the No Parking signs on West Beaver Creek Boulevard but would like to see a sign to show people where they can park. Councilor Hardy asked to disperse signs about sharrows (shared lane markings). Councilor Thuon commented about pet's waste, saying there is no "poop-fairy". Secondly, he asked everyone to practice kindness. Thirdly, he encouraged as many people as possible to get vaccinated. Councilor Underwood expressed that she attended the NWCCOG meeting. She said she was very happy to see that Leanne Veldhuis attended tonight's meeting. She said that Eric has proposed to write a letter of support for the "SHRED" act for Council to discuss and sign off on. The letter will support keeping federal ski area fees in the local forest area. Councilor Prince expressed how he likes receiving the PZC Abstracts in the Council packets and he requested that moving forward there be hyperlinks to the items discussed. He also requested to schedule an executive session to discuss security protocols with new Council members. Councilor Hardy commented that some residents indicated they want to bike to work but need a place to shower and asked if there is something better than a $14 fee to shower at the rec center. She then asked what is going on at the white-water park. Town Manager Eric Heil explained that the Town had to perform repairs and modifications and that these safety modifications make it 'unspectacular' at lower water levels. Councilor Hardy then said that California recently passed a law for new homes to be solar or EV ready and said that perhaps Council can look into that for Avon. she ended with saying that she is excited to see the pride flag up on roundabout 4, and is also proud of all Avon Council members being open minded. Mayor Pro Tem Phillips reminded the public of the Art Walk exposition located at a total of 9 places around Town, that will be coming on June 11th at 6:00 p.m. AVON REGULAR MEETING MINUTES TUESDAY JUNE 8, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Smith Hymes said that she will recap the legislative work of the CC4CA board retreat meeting soon, once it is wrapped up. She said that the plastic bill (Colorado HB21-1162) passed today which includes a repeal of the prohibition on local control in 2024. She explained how staff did a great job at the May 26th business meeting at the Westin. It was not well attended but it was a good meeting. She then expressed the dire water situation and that Avon has to embrace its environment and a new way to landscape. She said lawns and annual flowers are not sustainable in this area, that water outside for irrigation is lost and does not flow back to the system, and that Avon has to really be conservative with water. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:01 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