TC Minutes 01-25-2022AVON REGULAR MEETING MINUTES Avon
TUESDAY JANUARY 25, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 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
Engineering ManagerJustin Hildreth, Planning Director Matt Pielsticker, 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: 00:00:31
Mayor Pro Tem Phillips moved to approve the agenda as presented. 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: 00:01:04
Mayor Smith Hymes and Councilor Underwood recused themselves from agenda item 5.3 second reading
of Ordinance 22-01 Reimbursement of Mayor Smith Hymes and Councilor Underwood for Expenses
Related to the Recall Election. Interim Town Attorney Hanlon confirmed Council has discussed this
disclosure before on every recall related item, therefore no motion is needed.
4. PUBLIC COMMENT
Video Start Time: 00:01:42
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.
S. BUSINESS ITEMS
5.1. WORK SESSION: DISCUSSION ON PROPOSED LAYOUT OF HARRY A. NOTTINGHAM PARK WEST COURTS (RECREATION
DIRECTOR MICHAEL LABAGH)
Video Start Time: 00:02:30
Recreation Director Michael Labagh joined the meeting and explained the different layout options
presented in the packet and said option number 2 has been removed for consideration tonight. He
said staff would like Council discussion and direction to proceed with.
Councilor Underwood mentioned she is favor of improving the look of the porta-potties in that area.
Mayor Pro Tern Phillips asked if any shade improvements are included. Recreation Director Michael
Labagh said that will be a separate expense, but it has been considered. Councilor Thuon said number
4 is not an option for him as taking out a basketball court is not a great move for the community.
Majority of Council agreed with his comment. Mayor Smith Hymes asked about the 8 feet of court
added and the fencing, and she spoke on behalf of the tennis community as it is not as well organized
as the pickleball community. She would like to see free/affordable youth tennis programs offered.
AVON REGULAR MEETING MINUTES
TUESDAY JANUARY 25, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Avon
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Mayor Smith Hymes called for public comments and several public comments were made:
Bruce Aronow, Beaver Creek resident, said he plays both tennis and pickleball and said it would be a
mistake to keep 3 tennis courts. He supports option 3.
Mike Kieler, Eagle -Vail resident, said he is a pickleball enthusiast and ambassador for our area as it is
an incredible sport and great to socialize. He supports option 3.
Susan Coburn, Beaver Creek resident, said they moved here because of the recreation facilities
offered in this town. She supports option 3.
William Welch, Edwards resident, said he was a tennis player, converted to a pickleball player. He
supports option 3.
Sydney Pittman, former Avon resident, said she gets back in the summers to play pickleball with her
friends. She supports option 3.
Carolyn Swanepoel, Eagle -Vail resident, said there is a lot of money that comes in from pickleball
players as it is a very social activity. She supports option 3.
Robyn Landry, part-time Edwards resident, said she cannot wait to get back to town from Arizona in
the spring to play pickleball. She supports option 3.
Steve Hilbert, Edwards resident, thanked Council for the 4 original courts and giving the public a
beginning of a new sport. He supports option 3.
Mindy Feldman, Avon resident, expressed all pickleball, players shop in Avon shops and pay sales
taxes in Avon. She echoed all previous comments.
Mayor Pro Tern Phillips thanked everyone who spoke to provide public comments and expressed
support for kids' tennis and pickleball programs. She supports option 3 with the 8 ft expansion,
shading structures and benches.
Councilor Underwood is in favor of option 3 with the 8 ft expansion to the east. She urged to consider
the shade structure, benches, and improvements to the porta-potties on the outside of the courts
area.
Councilor Thuon is also in favor of youth programs for tennis and pickleball and supports option 1.
He suggested to find space somewhere else for more courts instead of taking away what it is there
now.
Councilor Andrade liked Councilor Thuon's ideas but for now he supports option 3.
Councilor Prince supports option 3.
Mayor Smith Hymes commented that the current 4 pickleball courts on 1 tennis court is not working
and that 6 pickleball courts on 2 tennis courts are much better, so she supports option 3 but she
expressed she does it with a heavy heart as she does not want to lose 1 tennis court. She said she
hopes for great youth programming with free equipment. She supports shade structure on the
courts.
There was overall Council consensus to proceed with option 3.
AVON REGULAR MEETING MINUTES
TUESDAY JANUARY 25, 2022 Avon
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 COLORADO
5.2. NOTICE OF AWARD: HARRY A. NOTTINGHAM PARK WEST COURTS REMODEL (ENGINEERING MANAGER JUSTIN
HILDRETH)
Video Start Time: 01:00:55
Engineering Manager Justin Hildreth presented the notice of award for the Nottingham Park
West Courts Reconstruction Project and recommended to be awarded to RA Nelson in the
amount of $1,190,655. He said the bid was advertised and only one bid was received.
Councilor Thuon asked about the 2-year warranty in Town contracts. Councilor Underwood
asked about the construction timeline and the liquidated damages. Councilor Prince asked if
the bidder had any comment on the $1,500 per day. Councilor Underwood asked Recreation
Director Michael Labagh to work with the school to discuss basketball options while the courts
are closed during the renovation.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Prince said he is not comfortable with rebidding or going back to RA Nelson and
having them revise the penalty schedule and said he supports the motion as written. Councilor
Underwood commented she will make a motion to ask Interim Town Attorney Karl Hanlon to
try to work with RA Nelson to improve the liquidated damage escalation clause but not make it
a dealbreaker and not to rebid.
Councilor Underwood moved to authorize issuance of notice of award for the Harry A.
Nottingham Park West Courts Reconstruction Project to RA Nelson in the amount of $1,190,655
and a revise project budget to $1,300,188 with the request that the Interim Town Attorney Karl
Hanlon work with the bidder contractor RA Nelson on an improved liquidated damage clause
to hopefully include escalation within the liquidated damages after 30 days of missed deadline.
Councilor Hardy seconded the motion and the motion passed with a vote of 7-0.
5.3. PUBLIC HEARING: SECOND 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 (INTERIM TOWN ATTORNEY KARL HANLON)
Video Start Time: 01:23:16
Mayor Smith Hymes and Councilor Underwood were recused and left the meeting, turning their
audio/video off at 6:23 p.m. Mayor Pro Tern Phillips took over this agenda item.
Mayor Pro Tern Phillips said there were no changes since first reading. There were no Council
comments.
Mayor Pro Tern Phillips called for public comments and Rich Carroll, Avon resident, thanked Council
for their unanimous support on first reading and hopes for the same this evening on second reading.
Councilor Andrade moved to approve Second 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.
AVON REGULAR MEETING MINUTES
TUESDAY JANUARY 25, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Avon
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Mayor Smith Hymes and Councilor Underwood rejoined the meeting at 6:26 p.m.
5.4. OVERVIEW OF DEPARTMENT GOALS FOR 2022 (TOWN MANAGER ERIc HEIL)
Video Start Time: 01:26:01
Town Manager Eric Heil walked Council through the department goals PPT presentation and
commented department by department. He said Council can add/edit/delete/redirect any of
these goals and give direction on priorities. He expressed that one of the top priorities right
now is advertising recruitment, interviewing, and trying to fill out vacancies to work on these
goals for the Town. Council provided several comments and directions, including:
General Government: Councilor Underwood encouraged staff to look into HighFive Media fees
and said her priority is goal #7. Mayor Pro Tem Phillips asked to add a goal to review exemption
levels for Mi Casa and Real Estate Transfer Tax (RETT). Councilor Andrade expressed he prefers
a business survey under goal #6. Mayor Smith Hymes asked to add an Avon recall ordinance and
agreed there is a need to revisit RETT exemption levels. She would also like staff to work on
strategies to fill the empty store fronts in our town core as it does not look good for the town.
She would like to add a recycling ordinance as well and taking a look at climate action
organizations. She suggested to add a historical monument launch and update/add the history
section on the avon.org website. Councilor Prince said he would like to look into Wildridge
covenants, maybe under Community Development, and parking management program under
Mobility. Council expressed that priorities are #7, #6 and newly added goal of evaluating the
RETT/Mi Casa exemptions. Mayor Pro Tem Phillips asked Town Manager Eric Heil to provide the
document after the meeting to see the order of priorities.
Finance: Mayor Pro Tem Phillips expressed to prioritize studying a Use Tax in the first half of
the year so it can be discussed in time for the November ballot. She suggested to add an analysis
on RETT exemptions. Councilor Underwood said she would like the Finance Department to not
lose the human touch element and suggested to add a goal about public service training. Town
Manager Eric Heil explained this is a standard expectation that is already in place.
Human Resources: No comments.
Community Development: Mayor Pro Tem Phillips expressed she supports hiring a consultant
for goal #2. Mayor Smith Hymes agreed with Councilor Prince to add the Wildridge covenants
as a goal and add a goal to consider two or three short-term parking spaces near Road 779 for
hikers.
Recreation: Councilor Thuon asked for signs by the water park/Bob the Bridge and in Wildwood.
Mayor Pro Tem Phillips asked to make sure to involve the Planning and Zoning Committee for
goals #3, 5, and 7 to not make another mistake on putting a workout area where nobody likes
it. She would like to add developing tennis and pickleball programs for kids in goal #6. For goal
#7, she suggested to get post COVID-19 financial analysis for 1 year before seeing what the
recreational needs look like as they would look very different.
AVON REGULAR MEETING MINUTES
TUESDAY JANUARY 25, 2022 Avon
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 COLORADO
Mayor Smith Hymes expressed concern with the timing of the patron survey being so close at
the, hopefully, ending of COVID-19. She also supported the kids' programs. Councilor
Underwood questioned goal #3 and said this goal should be shifted to the Public Operations
workplan where it is more appropriate and agreed with Mayor Pro Tern comment that goal #7
is not a priority at this point in time. For goal #6, she would like to see expanded programs for
wellness, meditation, board games tournaments, senior social type activities, etc. and not just
hard-core activities. She is in favor of the Spanish program. Councilor Prince expressed support
for goal #7 and encouraged Council to visit the Recreation Center at 6 p.m. and see how packed
it is every day. Councilor Hardy inquired about the mall extension and connection, which Town
Manager Eric Heil explained is covered in the CIP goals under the Engineering Department.
Police: No comments
Engineering: No comments.
Public Operations: Mayor Pro Tern Phillips asked to add snow storage to goal #1 and add a new
goal for enforcement of the noxious weed ordinance. For the demo garden she suggested to
use the area between the courts and lower field by the Avon Elementary School. Councilor
Hardy asked to add a goal to improve pedestrian safety on the bridge between Liftview and
Sunridge and address the existing ice damming issues in that area, she said this should be a
priority. Councilor Thuon suggested to install a cover on that bridge for safety, similar to the
one in Beaver Creek, and maybe remove it and store it over the summer.
Mobility: Councilor Underwood requested that under goal #7, staff should use this time to
steward it rather than monitor it passively.
Fleet: No comments.
Town Manager Eric Heil said staff will review these goals quarterly and provide Council status
updates so Council can reevaluate priorities.
Mayor Smith Hymes called for public comments and no public comments were made.
5.5. WORK SESSION: ART INSTALLATION ROUNDABOUT #4 (TOWN MANAGER ERIC HEIL)
Video Start Time: 02:41:50
Town Manager Eric Heil introduced the topic and said that CASE Manager Danita Dempsey has
a request for proposals ready to submit. He expressed that because of the prominence of the
roundabout #4 location, Council could pick a theme of a contemporary issue to generate
conversation every year.
Councilor Andrade felt no need to "poke the bear". Councilor Thuon thought Council could
"poke the bear" every other year and maybe consider this in 2023. Mayor Pro Tern Phillips said
she personally loves the proposal presented and that she would limit the topics to climate
change, quality water, etc. Councilor Thuon agreed with her comments and expressed that
AVON REGULAR MEETING MINUTES
TUESDAY JANUARY 25, 2022 Avon
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 COLORADO
"keeping it light" and "something chill" is nice also when you are driving by. Mayor Smith Hymes
expressed that she is not sure it is going to necessarily be offensive to people even it has a
theme that addresses water, or climate, or any of those sorts of topics. Councilor Prince
preferred to leave it open and let the artist present ideas. Councilor Underwood loves having
this conversation and expressed she would like to continue in baby steps and let the program
naturally evolve and re -assess in 5 years and maybe have something provocative then. She said
if someone does not like the piece, let people know something new is coming in June, and keep
people interested. She gave a big shoutout to CASE Manager Danita Dempsey for launching this
entire program which is amazing. Councilor Hardy expressed she agrees with Councilor
Underwood and Councilor Prince and wants to bring back the hollyhocks in that roundabout,
along with the art.
Overall Council consensus was to have this location be part of the overall program with the
same rules but provide more direction on size. Town Manager Eric Heil said staff will offer twice
the honorarium for this location.
Mayor Smith Hymes called for public comments and no public comments were made.
6. MINUTES
6.1. APPROVAL OF JANUARY 11, 2022 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES)
Video Start Time: 02:54:18
Mayor Smith Hymes asked for an edit on item 5.1, she said it should read "she said she would like
Council to meet in -person as much as possible." Councilor Prince pointed out a misspelling and said
that one concern was his vote on item 5.4, and he will go back and review the video.
Mayor Pro Tern Phillips moved to continue the approval of the January 11, 2022 minutes until
Councilor Prince can watch the recording to confirm his vote. Councilor Hardy seconded the motion
and the motion passed with a vote of 7 to 0.
7. WRITTEN REPORTS
7.1. Monthly Financials (Senior Accountant Joel McCracken)
7.2. Quarterly RETT Report (Accountant I Carly Fackler)
7.3. Mi Casa Avon Update (General Government Manager Ineke de Jong)
7.4. Draft January 18 Health & Recreation Committee Meeting Minutes (General Government Intern
Emily Myler)
7.5. Meeting Abstract from the January 18, 2022 Planning and Zoning Commission Meeting (Planning
Director Matt Pielsticker)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:58:55
Mayor Pro Tern Phillips expressed that fleet team is brilliant and does a fabulous job and to incentivize
them to offload the obsolete inventory in such a way that it does not have to go to the landfill.
AVON REGULAR MEETING MINUTES
TUESDAY JANUARY 25, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
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COLORADO
Councilor Hardy asked for status on the Short -Term Rentals analysis. Town Manager Eric Heil expressed
he hopes to hire a Senior Planner soon to free up time for Planning Director Matt Pielsticker to attend to
this study. She said she saw someone in Crested Butte with an Avon reusable bag, which was awesome
to see.
Councilor Underwood talked about the snow removal on Hurd Lane and thanked Operations Manager
Gary Padilla and his team for their great job in a snow removal operation with 3 heavy -load vehicles in a
residential neighborhood. She said it was a very impressive and a well -executed process.
Councilor Thuon said kids normally sled on the hill behind his house but there was so much snow they
could not, then Hugo with Public Operations came and moved the snow. He said he met a couple of
snowplow drivers, and they go extra above and beyond keeping the roads clean and safe up in Wildridge.
Mayor Smith Hymes has been involved in the past couple of weeks in RTA, water unification, and housing
meetings and she expressed that staff is hard at work on the 2022 goals already.
Councilor Andrade had to drop off for a work emergency at 8:06 p.m.
9. EXECUTIVE SESSION
Video Start Time: 03:05:45
9.1. Kayak Crossing: For the purpose of discussing real property interest under C.R.S.§24-6-402(4)(a).
Mayor Smith Hymes requested a motion to proceed into Executive Session for the purpose outlined on
the agenda. Councilor Underwood moved and Mayor Pro Tern Phillips seconded the motion and the
motion passed with a vote of 6 to 0. Councilor Andrade left the meeting before voting. The time was 8:07
p.m.
At the roll call, Councilors present were Lindsay Hardy, Chico Thuon, Scott Prince, Mayor Pro Tern Phillips
and Mayor Smith Hymes. Also present were Town Manager Eric Heil, Interim Town Attorney Karl Hanlon
and General Government Manager Ineke de Jong. Councilor Underwood joined just after the roll call at
8:15 p.m. Councilor Andrade joined at 8:27 p.m.
The Executive Session started at 8:11 p.m.
The Executive Session ended at 9:11 p.m.
10. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:11 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY JANUARY 25, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Avon
COLORADO
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:
PaflP43:,1-��
Brenda Torres, Town Clerk
APPROVED:
Sarah Smith Hymes
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade