TC Minutes 10-10-2019AVON REGULAR MEETING MINUTES
THURSDAY, OCTOBER 10, 2019 Avon
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
1. CALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 4:00 p.m. A roll call was taken, and Council members
present were Scott Prince, Amy Phillips, and Tamra Underwood. Council members Jake Wolf, Chico Thuon,
and Jennie Fancher were absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor,
Police Chief Greg Daly, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Deputy Town
Manager Preston Neill and Town Clerk Brenda Torres.
2. STUDY SESSION: REVIEW OF CIP PLAN AND EXISTING TOWN PLANS
Start time: 00:00:20 Part One
A review on current and proposed town improvement plans was presented by Town Manager Eric Heil.
Councilor Thuon arrived at 4:22 p.m.
Councilor Wolf arrived at 4:42 p.m.
3. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING
(MAYOR SMITH HYMES)
The Avon Liquor Authority meeting was called to order at 5:01 p.m.
4. ACTION TO RESUME THE PUBLIC MEETING (MAYOR SMITH HYMES)
The Council public meeting resumed at 5:12 p.m.
S. APPROVAL OF AGENDA
Start time: 00:56:49 Part One
Councilor Prince requested the addition of a discussion item regarding renaming the Columbus Day holiday
that the Town of Avon observes. Council agreed to add the item as 8.11. Mayor Smith Hymes requested
that item 8.4 be moved to follow 8.1. Council agreed to the change. Councilor Underwood moved to
approve the agenda with the requested changes. Mayor Pro Tem Phillips seconded the motion and the
motion passed on a vote of 5 to 1. Councilor Wolf voted no. Councilor Fancher was absent.
6. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Start time: 00:58:23 Part One
Town Attorney Paul Wisor disclosed a conflict of interest related to item 8.6 on the agenda, Public Hearing:
First Reading Ordinance 19-09, and announced that he would be stepping out of the room during the item.
7. PUBLIC COMMENT
Start time: 00:59:05 Part One
Joyce Cohen commented on commercial breeding facilities, also known as "puppy mills", and urged the
Council to consider an ordinance that would prohibit the sale of dogs and cats in retail stores that come
from puppy mills.
Michael Cacioppo reinforced his idea for a convention center in Avon. Michael also commented on the
proposed ordinance that would enact regulations on use of expanded polystyrene.
AVON REGULAR MEETING MINUTES
THURSDAY, OCTOBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
Mark Goodban commented on the proposed ordinance that would enact regulations on use of expanded
polystyrene. He voiced his displeasure of the proposed regulations.
8. BUSINESS ITEMS
8.1. RESOLUTION 19-19 SUPPORTING EAGLE COUNTY BALLOT ISSUE 1A -FUNDING TO SUPPORT PUBLIC HEALTH PROGRAMS
AND EDUCATION THROUGH THE TAXATION OF TOBACCO AND NICOTINE PRODUCTS (MAYOR SMITH HYMES)
Start time: 01:20:27 Part One
Mayor Smith Hymes invited the public to comment and no comments were made. Councilor Prince
moved to approve Resolution 19-19 Supporting Eagle County Ballot Issue 1A— Funding to Support Public
Health Programs and Education through the Taxation of Tobacco and Nicotine Products. Councilor Wolf
seconded the motion and the motion passed unanimously by Council members present. Councilor
Fancher was absent.
8.4. PUBLIC HEARING: EMERGENCY ORDINANCE 19-10 AMENDING SECTIONS 3.08 AND 3.10 OF THE AVON MUNICIPAL
CODE (TOWN ATTORNEY PAUL WISOR)
Start time: 01:28:38 Part One
Mayor Smith Hymes opened the public hearing and Michael Cacioppo commented on the proposed
emergency ordinance. Councilor Underwood moved to approve first and final reading of Ordinance 19-
10 an emergency ordinance amending Sections 3.08 and 3.10 of the Avon Municipal Code. Mayor Pro
Tem Phillips seconded the motion and the motion passed unanimously by Council members present.
Councilor Fancher was absent.
8.2. PRESENTATION: EAGLE COUNTY ANIMAL SERVICES IN THE TOWN OF AVON
(NATHAN LEHNERT, EAGLE COUNTY ANIMAL SERVICES)
Start time: 01:41:02 Part One
Nathan Lehnert with Eagle County Animal Services gave a presentation on Eagle County's Animal Services
Department and a proposed county -wide animal services/animal control ordinance to update the
current Eagle County ordinance. He expressed that Animal Services' vision is for all municipalities in Eagle
County to adopt the same ordinance for a streamlined process for animal -related violations. Mayor Smith
Hymes invited the public to comment and Michael Cacioppo commented.
8.3. PUBLIC HEARING: SECOND READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION
(TOWN MANAGER ERIC HEIL)
Start time: 02:23:28 Part One
Mayor Smith Hymes opened the public hearing and comments were made by Michael Correa and Michael
Cacioppo. Councilor Underwood moved to continue this item to the October 22, 2019 Council meeting.
Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 4 to 0. Councilor Prince
and Councilor Thuon had stepped out of the room. Councilor Fancher was absent.
8.5. PUBLIC HEARING: FIRST READING ORDINANCE 19-08 APPROVING A REZONING OF LOT 16, BLOCK 2, BENCHMARK
A BEAVER CREEK SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 00:00:10 Part Two
Mayor Smith Hymes opened the public hearing and no comments were made. Councilor Underwood
moved to continue this item to the October 22, 2019 Council meeting. Mayor Pro Tem Phillips seconded
AVON REGULAR MEETING MINUTES
THURSDAY, OCTOBER 10, 2019 Avon
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
the motion and the motion passed on a vote of 4 to 0. Councilor Wolf and Councilor Thuon had stepped
out of the room. Councilor Fancher was absent.
8.6. PUBLIC HEARING: FIRST READING ORDINANCE 19-09 APPROVING A MINOR PUD AMENDMENT AND VESTED RIGHTS
Extension for Lot 1, Riverfront Subdivision (Planning Director Matt Pielsticker)
Start time: 00:07:40 Part Two
East West Partners, on behalf of the applicant, Points of Colorado, Inc., gave a presentation requesting a
Vested Property Rights Extension and PUD Amendment to allow greater flexibility for a future phased
project on Lot 1, Riverfront PUD and Subdivision. Councilor Prince moved to continue this item to the
October 22, 2019 Council meeting. Councilor Wolf seconded the motion and the motion passed on a vote
of 6 to 0. Councilor Fancher was absent.
8.7. WORK SESSION: PROJECT THOR (IT MANAGER ROBERT MCKENNER)
Start time: 01:31:16 Part Two
IT Manager Robert McKenner presented on Project THOR. Jon Stavney, Executive Director of the
Northwest Colorado Council of Governments, answered various questions from Council regarding
Project THOR. Michael Cacioppo commented on Project THOR and current broadband availability
in Eagle County. Council gave direction to staff to remove Project THOR expenditures from the
proposed 2020 Capital Improvements Plan because Phase II of Project THOR is not slated to happen
in 2020. The majority of Council expressed interest in further studying broadband and Project THOR
in 2020.
8.8. PUBLIC HEARING: SECOND READING ORDINANCE 19-07 ENACTING CAMPAIGN FINANCE REGULATIONS (DEPUTY
TOWN MANAGER PRESTON NEILL)
Start time: 02:18:44 Part Two
Mayor Smith Hymes opened the public hearing and Michael Cacioppo commented. Councilor
Underwood moved to approve Second Reading of Ordinance 19-07, Enacting Chapter 1.14 of Title 1 of
the Avon Municipal Code Pertaining to Campaign Finance. Mayor Pro Tem Phillips seconded the motion
and the motion passed on a vote of 4 to 2. Councilor Thuon and Councilor Wolf voted no. Councilor
Fancher was absent.
8.9. APPROVAL OF REVISED AGREEMENT FOR LEGAL SERVICES WITH ELIZABETH PIERCE -DURANCE, LLC
(TOWN ATTORNEY PAUL WISOR)
Start time: 02:40:16 Part Two
Mayor Pro Tem Phillips moved to approve the Agreement for Legal Services with Elizabeth Pierce -
Durance, LLC. Councilor Wolf seconded the motion and the motion carried on a vote of 5 to 0. Councilor
Prince had stepped out of the room. Councilor Fancher was absent.
8.10. APPROVAL OF MINUTES FROM SEPTEMBER 24, 2019 REGULAR COUNCIL MEETING
(TOWN CLERK BRENDA TORRES)
Start time: 02:41:49 Part Two
Councilor Underwood moved to approve the minutes from the September 24, 2019 Regular Council
meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 4 to 1.
Councilor Wolf voted no. Councilor Prince was out of the room. Councilor Fancher was absent.
AVON REGULAR MEETING MINUTES
THURSDAY, OCTOBER 10, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO C O L O R A D O
ADDED: COLUMBUS DAY HOLIDAY
Start time: 02:42:30 Part Two
Council gave direction to staff to consider this suggestion for 2020. Council discussed the idea of changing
the name of Columbus Day. Michael Cacioppo commented. Council gave direction to staff to come up
with several name suggestions to present to Council at a future Council meeting.
9. WRITTEN REPORTS
9.1. UPDATE ON 2020 COMMUNITY GRANT AWARD RECOMMENDATIONS (DEPUTY TOWN MANAGER PRESTON NEILL)
Councilor Prince asked a question about the written report on the Update on 2020 Community Grant
Award Recommendations.
9.2.ABSTRACT FROM OCTOBER 1, 2019 PLANNING AND ZONING COMMISSION (PLANNING DIRECTOR MATT PIELSTICKER)
9.3. UPPER EAGLE REGIONAL WATER AUTHORITY SEPTEMBER 26, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)
10. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 02:54:01 Part Two
Mayor Smith Hymes reported on the Mountain Towns 2030 Net Zero Summit that took place in Park
City, Utah. She also announced that the Town of Avon will host an event on October 29th encouraging
residents to enroll in Holy Cross Energy's PuRE program to go 100% renewable.
Mayor Pro Tem Phillips gave an update on the EGE Air Alliance.
Councilor Wolf thanked Council and staff for accommodating the Yom Kippur Jewish holiday by moving
the Council meeting from October 8th to October 10th.
Councilor Thuon announced that October 10th is World Mental Health Day.
11. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER
C.R.S. §24-6-402(2)(B) CONCERNING EXPANDED POLYSTYRENE REGULATIONS
Executive Session will take place in the October 22, 2019 Council meeting.
12. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:46 p.m.
AVON REGULAR MEETING MINUTES
THURSDAY, OCTOBER 10, 2019
Avon
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 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.highfivemedio.org.
RESPECTFULLY SUBMITTED:
o res
Brenda Torres, Town Clerk
APPROVED:
Sarah Smith Hymes
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood