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TC Minutes 01-11-2022AVON REGULAR MEETING MINUTES TUESDAY JANUARY 11, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 .von COLORADO 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a Virtual format using Zoom.us. Mayor Smith Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council members present were Amy Phillips, Scott Prince, RJ Andrade, Chico Thuon, Lindsay Hardy, and Tamra Underwood. Also present were Finance Department Director Scott Wright, Chief of Police Greg Daly, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:01:03 Mayor Pro Tern Phillips moved to approve the agenda as presented. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince had audio difficulties and did not vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:12 Councilor Hardy recused from agenda item 5.5, Major Development Plan and Alternative Equivalent Compliance Application for East Harry A. Nottingham Park Improvements Project, as she works for Zehren and Associates. Interim Town Attorney Hanlon said Council has discussed this disclosure before, therefore no motion is needed. Mayor Smith Hymes and Councilor Underwood recused themselves from agenda item 5.2, Reimbursement of Mayor Smith Hymes and Councilor Underwood for Expenses Related to the Recall Election. Interim Town Attorney Hanlon said Council has discussed this disclosure before on every recall related item, therefore no motion is needed. 4. PUBLIC COMMENT Video Start Time: 00:04:46 Mayor Smith Hymes explained how to participate via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes. No public comments were made. 5. BUSINESS ITEMS 5.1. ADOPTION OF 2022 REGULAR MEETING SCHEDULE (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 00:05:57 Mayor Smith Hymes said Council would like to meet in -person as much as possible. Town Manager Eric Heil said both meetings in August would be beneficial to discuss ballot issues, therefore July 12th would be a better option to take off. Councilor Prince and Councilor Thuon said they will be unavailable on July 12th. Rest of Council agreed on taking this date off. Mayor Pro Tern proposed to have hybrid meetings during school breaks and go virtual only if the Council Chambers is busy and no other location can be found to do hybrid. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 11, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Avon COLORADO Town Manger Eric Heil said he finds retreats very useful as longer discussions can be addressed in a more relaxed environment. Council discussed different options and agreed on doing a training retreat on February 9th 9:45 a.m.-12:00 p.m., a June retreat on June 3rd 12:00 p.m.-4:00 p.m., and Budget retreats on September 301h 9:00 a.m.-5:00 p.m. and October 28th 12:00 p.m.-4:00 p.m. Mayor Smith Hymes called for public comments and no public comments were made. General Government Manager Ineke de Jong will send the adopted 2022 meeting calendar to Council and get it posted on the Town's website by end of week. 5.2. FIRST READING OF ORDINANCE NO. 22-01 AUTHORIZING THE REIMBURSEMENT OF MAYOR SMITH HYMES AND COUNCILOR UNDERWOOD FOR EXPENSES RELATED TO THE RECALL ELECTION HELD NOVEMBER 2, 2021 (TOWN ATTORNEY KARL HANLON) Video Start Time: 00:31:30 Mayor Smith Hymes and Councilor Underwood were recused, but Mayor Smith Hymes commented that the money requested for reimbursement has been examined by the Interim Town Attorney and she wanted Council and the community to understand that the cost for this recall goes far beyond the monetary costs listed in the memo, and said they are both self- employed and hundreds of hours were invested, away from their businesses and family, plus staff time. They then left the meeting turning their audio/video off at 5:34 p.m. Mayor Pro Tern Phillips took over this agenda item. Interim Town Attorney Karl Hanlon presented and explained that he reviewed the expenses and are all qualified for reimbursement. He said staff has no recommendation as it is purely a Council decision. Councilor Prince asked if there were any expenses that were not approved. Interim Town Attorney Karl Hanlon said no and that everything was well withing statute. Mayor Pro Tern Phillips called for public comments and there were a few comments. Rich Carroll commented he is in support of the reimbursement and urged Council to pass this ordinance. He expressed that Council needs to support these two Councilors who went through financial and personal hardship and recognizes the stress they were put through and passing this ordinance is a small thank you to them for continuing to serve. Kristi Ferraro commented she also supports the reimbursement and said Council should defend their fellow Councilors and have their backs and asked Council to please vote yes on both readings. Ruth Stanley commented that she wanted to mirror everything Rich Carroll said and expressed her concern is that for people who wants to run for future Council they know Council members will stay behind them. She said it would not be fair for these two Councilors to be responsible for those expenses as it should be a Town's expense. AVON REGULAR MEETING MINUTES TUESDAYJANUARY 11, 2022 Avon SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 COLORADO Brian Nolan commented that he echoes the last three comments and emphasized the importance of this vote for future candidates which is as important as reimbursing the current Councilors. Councilor Hardy said that as a new Council member it is disheartening to walk in and see all this drama in the Town for these two hard workers and said she would not be able to pay recall expenses and that she is fully in support of this ordinance. Councilor Thuon moved to approve First Reading of Ordinance 22-01 Authorizing the Reimbursement of Mayor Smith Hymes and Councilor Underwood for Expenses Related to the Recall Election Held November 2, 2021. Councilor Prince seconded the motion and the motion passed with a vote of 5 to 0. Mayor Smith Hymes and Councilor Underwood were recused. Mayor Pro Tern thanked Council for doing the right thing voting yes for this first reading ordinance. Mayor Smith Hymes and Councilor Underwood rejoined the meeting at 5:48 p.m. 5.3. APPEAL TO COUNCIL, PRIMARY RESIDENCE EXEMPTION 3078 WILDRIDGE ROAD #A FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 00:48:27 Finance Director Scott Wright presented and explained that there is no application as an email was received on November 111h, just a little bit over the time to file an exemption, and he responded to the applicant explaining that it was overdue. He explained timeframes and steps to be followed in this process. Mayor Smith Hymes asked if there should not be a deadline if Council will be granting exemptions and not honoring the deadlines and said real estate agents should be educated that this option exists in Avon. Councilor Hardy agreed. Council would like to address the language around auto -granting the appeal after 45 days for future issues. The applicant, Kate Shomaker, joined virtually to answer Council questions and expressed this is her primary residence and that this is where she wants to live. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Prince said he is in support of this appeal because the applicant missed the deadline by nine days only. Mayor Pro Tern Phillips moved to approve the Appeal for an Extension of Time to File an Application for Primary Residence Exemption for the Property Located at 3078 Wildridge Rd. #A. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 11, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Avon COLORADO 5.4. APPEAL TO COUNCIL, PRIMARY RESIDENCE EXEMPTION 5381 EAGLEBEND DRIVE (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 01:17:54 Finance Director Scott Wright presented and explained that the timeframe on this appeal is different as the property closed in November 2020 and the deadline was March 9, 2021, missing the deadline by 10 months and that this is the second purchase of the applicant in Avon. He clarified the expenditure of the refund falls in a different budget year which is not an issue, but it needs to be recognized. Councilor Hardy mentioned that this applicant was an active registered voter in our community for the 2020 elections. Mayor Pro Tern Phillips expressed she spoke to the applicant as a neighbor to make him aware of the Real Estate Transfer Tax exemption and that this is not only for first time homebuyers. The applicant, Kedar Gurjar, joined the meeting and thanked Council for addressing this appeal and expressed he is a local with no intention of leaving this town. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Prince moved to deny the Appeal for an Extension of Time to File an Application for Primary Residence Exemption for the Property Located at 5381 Eaglebend Dr. Councilor Andrade seconded the motion and the motion failed with a vote of 2 to 5. Rest of Council members voted no. Town Manager Eric Heil suggested Council to approve this appeal tonight and he and Interim Town Attorney Karl Harlon will do some revisions to clarify the language, which may be the more effective use of staff time. Councilor Underwood moved to approve the Appeal for an Extension of Time to File an Application for Primary Residence Exemption for the Property Located at 5381 Eaglebend Dr. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 6 to 1. Councilor Andrade voted no. 5.5. PUBLIC HEARING: MAJOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE APPLICATION FOR EAST HARRY A. NOTTINGHAM PARK IMPROVEMENTS PROJECT (PLANNING DIRECTOR MATT PIELSTICKER AND PEDRO CAMPOS) Video Start Time: 01:54:41 Councilor Hardy was recused and left the meeting turning their audio/video off at 6:55 p.m. Planning Director Matt Pielsticker explained Council has reviewed this project several times. He said he included PZC recommended findings and conditions in the report as well as two different motions to be made tonight. Pedro Campos with Zehren and Associates joined and presented. Council discussed solar panels and Town Manager Eric Heil expressed solar should always be evaluated. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 11, 2022 ,avon SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 COLORADO Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve Case #MJR21009 an Application for Major Development Plan for East Harry A. Nottingham Park Improvements, Based on the Findings and Including Conditions Outlined in Staff's Report. Mayor Pro Tern seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy was recused. Councilor Underwood moved to approve Case #AEC21009, an AEC application for Roof Design Variations for the East Harry A. Nottingham Park Improvements, Together with the Findings of Fact Outlined by Staff in the January 3, 2022 Report. Mayor Pro Tern seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy was recused. Councilor Hardy rejoined the meeting at 7:21 p.m. 6. MINUTES 6.1. APPROVAL OF DECEMBER 14, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDATORRES) Video Start Time: 02:20:47 Councilor Andrade moved to approve the minutes from the December 141h regular meeting as presented. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 7. WRITTEN REPORTS 7.1. EV Charging Station Program Update (Mobility Director Eva Wilson) 7.2. CDOT Bustang Transit Service Expansion (Mobility Director Eva Wilson) 7.3. Meeting Abstract from December 21, 2021 Planning and Zoning Commission Meeting (Planning Director Matt Pielsticker) 7.4. Appointments to Boards and Commissions (General Government Manager Ineke de Jong) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:21:46 Mayor Smith Hymes said she received several phone calls over the holidays about the Avon post office. She said that other towns of CAST are having even more extreme problems with their post office than in Avon and that a letter was sent from CAST to Senators Bennet and Hickenlooper. She mentioned a response was received from the USPS in December. Amy Phillips has offered to take the lead on contacting our house representatives about USPS issues. Mayor Pro Tern Phillips wanted to point out that the Eagle County commissioner candidates need to get involved and be aware that the Avon post office also services Beaver Creek, Bachelor Gulch, and Eagle Vail. Mayor Smith Hymes announced that the Climate Action Collaborative governing board has been meeting monthly to push climate action from legislative angles and they have identified four priority projects to focus on in 2022. She closed her comments informing Council that the RTA Formation Committee has hired a law firm to help with the formation and get the issue on the November ballot. Councilor Underwood thanked Mayor Smith Hymes for the enthusiastic work she does for the Town. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 11, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 9. EXECUTIVE SESSION Video Start Time: 02:29:05 Avon COLORADO 9.1. Buffalo Ridge I: For the purpose of discussing property interest under C.R.S.§24-6-402(2)(a). 9.2. Upper Eagle River Water Authority Unification: For the purpose of receiving legal advice under CRS §24-6-402(2)(e) and for the purpose of determining negotiation positions under CRS §24-6- 402(2)(e) Mayor Smith Hymes requested a motion to proceed into Executive Session for the purpose outlined on the agenda. Mayor Pro Tern Phillips moved and Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. The time was 7:30 p.m. At the roll call, all members of Council were virtually present but Councilor Prince who joined right after at 7:35 p.m. Also present were Town Manager Eric Heil, Interim Town Attorney Karl Hanlon, Water Attorney Richard Mehren, and General Government Manager Ineke de Jong. Water Attorney Richard Mehren left the meeting at 8:31 p.m. The Executive Session started at 7:34 p.m. The Executive Session ended at 9:03 p.m. 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:03 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: Bren a Torres, Town Clerk APPROVED: Sarah Smith Hymes Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade