TC Minutes 08-11-2020
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 11, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order
at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra
Underwood, Jake Wolf, Chico Thuon, and Jennie Fancher. Councilor Scott Prince was absent. Also present
were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, Town Engineer Justin
Hildreth, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Finance Director Scott
Wright, Executive Assistant to the Town Manager Ineke de Jong, and Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:44
Mayor Smith Hymes added a Swim Program update from the Recreation Department after public
comments. She also asked Council members if they would like to discuss item 6.7, her meeting management
report, tonight, in a future agenda, or should they not discuss it at all. Councilor Underwood pulled item 6.6,
Gallagher Ballot Question from the written reports. Mayor Smith Hymes put it as agenda item 5.9B.
Councilor Prince joined the meeting by audio at 5:02 p.m. He was able to listen but not use his microphone.
Mayor Smith Hymes introduced Attorney Haley Carmer, she will be the stand in Attorney for Town Attorney
Paul Wisor this evening during a short period while he has to be absent. Mayor Pro Tem Phillips would like
to discuss item 6.7 during a future meeting.
Councilor Underwood moved to approve the agenda as amended. Councilor Fancher seconded the motion
and the motion passed by a vote of 5 to 1. Councilor Wolf voted no. Councilor Prince did not have his
microphone working to vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:05:02
No conflicts of interest were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:05:15
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
5.0 ADDED ITEM: RECREATION CENTER SWIM PROGRAM PRESENTATION
Video Start Time: 00:06:04
Recreation Director John Curutchet, Aquatics Recreation Superintendent Michael Labagh and Swim
Program Supervisor Meghan Hershey presented an update about the 2020 USA/Colorado Open Water
Swim Championship event hosted in Nottingham Lake on August 8th and August 9th. Council members
thanked and congratulated the three of them for all their efforts and hard work for this event.
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 11, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.1. AVON TOWN COUNCIL SIGN-OFF ON THE UPDATED CC4CA POLICY STATEMENT (EXECUTIVE ASSISTANT TO THE TOWN
MANAGER INEKE DE JONG)
Video Start Time: 00:21:24
Mayor Smith Hymes presented. Jacob Smith, Executive Director of Colorado Communities for Climate
Action (CC4CA) joined and responded to Councilor Fancher about whether the group is looking into
any "drawdown" activities/initiatives which this group is, although they use a different term. He gave
a quick update on the new 2020-2021 Policy Statement.
Mayor Smith Hymes asked for public comment and no comments were made.
Councilor Prince was able to connect his microphone.
Councilor Fancher moved to approve and support the updated CC4CA Policy Statement and directed
staff to email CC4CA to indicate Avon’s support of the new Policy Statement. Mayor Pro Tem Phillips
seconded the motion and the motion passed unanimously.
5.2. CONSIDERATION OF BANG THE TABLE COMMUNITY ENGAGEMENT WEBSITE PLATFORM (COMMUNICATIONS MANAGER
ELIZABETH WOOD)
Video Start Time: 00:30:46
Communications Manager Elizabeth Wood was virtually present to answer questions. Town Manager
Eric Heil presented and explained this is a useful tool to enhance our website and meet our goal of
community engagement that is part of our 2020 strategic plan. Council had questions about
moderating comments. Councilor Underwood asked if comments become public record and if we will
be paying the onboarding fee. Town Attorney Paul Wisor said we will still have to follow the Records
Retention Schedule. Councilor Prince asked about implementation timelines. The target
implementation timeline is the fall. We can afford it in the 2020 budget with events being cancelled.
The amount spent on events is much less than presented to Council back in April.
Mayor Smith Hymes asked for public comment and no comments were made.
No motion was needed. Per Mayor Smith Hymes, a poll was taken, and all 7 Councilors supported the
recommendation from Staff, of purchasing the Bang the Table (BtT) Engagement Platform in 2020 to
grow community engagement and participation through the Town of Avon website.
5.3. PUBLIC HEARING: SECOND READING ORDINANCE NO. 20-09: AMENDMENT OF SECTION 3.08 OF AVON MUNICIPAL
CODE TO PROVIDE FOR THE COLLECTION OF TAXES ON REMOTE SALES (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 00:51:03
Town Attorney Paul Wisor introduced Ordinance 20-09 and explained no changes have been made
since the first reading.
Mayor Smith Hymes asked for public comment and no comments were made.
Councilor Fancher moved to approve the Second Reading of Ordinance 20-09 Amending Chapter 3.08
of the Avon Municipal Code to provide for the collection of taxes on remote sales. Councilor Underwood
seconded the motion and the motion passed unanimously.
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 11, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.4. PUBLIC HEARING: SECOND READING ORDINANCE NO. 20-10 AMENDING SECTION 12.04.380 OF THE AVON
MUNICIPAL CODE TO REQUIRE THE INSTALLATION OF CONDUIT IN PUBLIC STREETS (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 00:51:03
Town Attorney Paul Wisor introduced Ordinance 20-10 and explained no changes have been made
since the first reading. Councilor Thuon asked about adding power lines in the ground too.
Mayor Smith Hymes asked for public comment and no comments were made.
Town Attorney Paul Wisor left the virtual meeting at 6:01 p.m. Attorney Hayley Carmer took over.
Councilor Fancher moved to approve the Second Reading of Ordinance 20-10 Amending Section
12.04.380 of the Avon Municipal Code to require the installation of conduit in public streets. Mayor
Pro Tem Phillips seconded the motion and the motion passed unanimously.
5.5. NOTICE OF AWARD FOR AVON STORMWATER QUALITY PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 01:02:07
Town Engineer Justin Hildreth explained we have discussed this project for several years. There were
multiple bids. Bids came in low and can be done under budget and earlier than expected. This is great
news! Council thanked Justin for getting so many competitive bids. Council asked about
maintenance/upkeep and damage/preservation of the trees. Town Engineer Justin Hildreth explained
the design fee included both the east and west vault.
Mayor Smith Hymes asked for public comment and no comments were made.
Councilor Fancher moved to authorize issuance of the Notice of Award for the Avon Road Storm Water
Quality Project contract to the low bidder, Schofield, in the amount of $249,010.45 and in the next CPF
budget amendment increase the 2020 CPF budget line item by $78,036.36. Councilor Underwood
seconded the motion and the motion passed unanimously.
Councilor Thuon suggested to re-bid the old town hall demolition again since we got so many bids on
this project. Mayor Pro Tem Phillips asked Town Engineer Justin Hildreth if this is possible. He said it is
and we could put out a bid in November or December.
5.6. WORK SESSION: 5G WIRELESS SAFETY AND LEGAL REVIEW (IT MANAGER ROBERT MCKENNER AND TOWN ATTORNEY
PAUL WISOR)
Video Start Time: 01:12:38
IT Manager Robert McKenner presented and summarized the conclusions. Stand-in Attorney Hayley
Carmer explained the legal side of the 5G Wireless projects. The Town has currently legislated where
possible in the current legal landscape and further action is prohibited on a federal level. Councilor
Thuon suggested to sit back and do nothing and see how this plays out. Mayor Smith Hymes said
installations are currently happening in the front range and they will be the guinea pigs.
Mayor Smith Hymes asked for public comment and no comments were made.
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 11, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.7. WORK SESSION: RECREATION CENTER FINANCIAL UPDATE REPORT (RECREATION DIRECTOR JOHN CURUTCHET)
Video Start Time: 01:30:18
Recreation Director John Curutchet explained the report included in the packet and the loss in revenue
related to the COVID-19 pandemic. Council inquired about after school / youth programs. Council
thanked him for his explicit memo and all his hard work.
Mayor Smith Hymes asked for public comment and no comments were made.
5.8. APPROVAL OF INTERGOVERNMENTAL AGREEMENT 2020 EAGLE COUNTY GENERAL ELECTION (TOWN CLERK BRENDA
TORRES)
Video Start Time: 01:43:43
Town Clerk Brenda Torres presented. She mentioned that, if the Town Council approves the
Intergovernmental Agreement (IGA), the ballot will include three Councilor seats and that the IGA must
be submitted to the County at least 70 days before the election, which is August 25, 2020, in order to
participate.
Town Attorney Paul Wisor returned to the meeting at 6:44 p.m. He said the agreement has been
reviewed and it is good to be submitted.
Mayor Smith Hymes asked for public comment and no comments were made.
Councilor Fancher moved to approve the Eagle County Intergovernmental Agreement for the
November 3, 2020 Eagle County General Election. Mayor Pro Tem Phillips seconded the motion and
the motion passed unanimously.
5.9. DISCUSSION OF PROPOSED AMENDMENT TO AVON HOME RULE CHARTER (TOWN COUNCIL MEMBER JAKE WOLF)
• PRESENTATION (JAKE WOLF)
• COUNCIL QUESTIONS
• PUBLIC INPUT
• BALLOT QUESTION DEADLINES (PAUL WISOR)
• COUNCIL DISCUSSION/MOTION
Video Start Time: 01:47:24
Town Attorney Paul Wisor explained what the Town Charter is and how changes to the Town Charter
work. It is typically a lengthy process because it needs to go on the voters’ ballot. Council decided to
discuss the 4 suggestions one by one.
1) Councilor declining to get paid. All Councilors would like Town Attorney Paul Wisor to draft language
for consideration on August 25th.
Stand in Attorney Hayley Carmer left the virtual meeting at 7:16 p.m.
2) A Mayor elected by the people and as manager of the town. Councilor Wolf believes people should
be able to choose their own Mayor, which will result in more transparency among Council and with the
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 11, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
people. The majority of Council did not support this idea.
Councilor Wolf got disconnected at 7:37 p.m. and re-joined 7:39 p.m.
3) Non-Resident Property Owners vote/serve on Council and Business Owners vote/serve on Council.
Councilor Wolf suggested that if a person owns a business in the Town and works there and lives in the
Valley full time, that person should be able to run for Council. There was no consensus to consider this
for this year's ballot. Perhaps the topic can be revisited in a few months and we can poll the community
via Bang the Table.
4) Clerk or another staff member that reports to Town Council. Councilor Wolf suggested the position
of the Clerk should be overseen by Council, as he believes there would be more transparency between
Council and the Staff. Town Manager Eric Heil said the best option would be the Finance Director
position. There was no consensus to consider this for this year's ballot. The majority of Council felt like
we can look at it after the pandemic is over. Councilor Prince said this is low priority.
5.9.B PULLED WRITTEN REPORT 6.6. GALLAGHER BALLOT QUESTION (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 03:22:00
Town Attorney Paul Wisor described the Gallagher amendment background and answered questions
from Council. He mentioned it is possible that the proposed ballot question will be unnecessary as a
statewide vote may eliminate Gallagher in its entirety this November.
The majority of Council was supportive of putting “without increasing total property tax revenues
collected, shall the Town of Avon be authorized to increase or decrease its current and all future mill
rates only if, on or after November 3, 2020, there are changes in the method of calculating assessed
valuation, including but not limited to a change in the percentage of actual valuation used to determine
residential assessed valuation due to Article X, Section 3 of the Colorado Constitution (otherwise
known as the Gallagher Amendment), so that, to the extent possible, the actual property tax revenues
generated by such mill rate are the same as the actual property tax revenues that would have been
generated had such changes in the method of calculating assessed valuation not occurred?” on the
ballot in November and letting the voters decide.
5.10. APPROVAL OF MINUTES FOR JULY 28, 2020 COUNCIL MEETING (TOWN CLERK BRENDA TORRES)
Video Start Time: 03:33:43
Councilor Underwood moved to approve the minutes from the July 28, 2020 Council meeting.
Councilor Fancher seconded the motion and the motion passed by a vote of 6 to 1. Councilor Wolf
voted no.
6. WRITTEN REPORTS
6.1. August 4th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
6.2. Confluence Operating Agreement (Finance Director Scott Wright)
6.3. Update on Management of Richardson Ground Squirrels (Public Works Director Gary Padilla)
6.4. 2020 Special Events Budget Update (CASE Manager Danita Dempsey)
6.5. 2021 Community Grant Funding Update (Communications Manager Elizabeth Wood)
6.6. Gallagher Ballot Question (Town Attorney Paul Wisor)
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 11, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
6.7. Mayor Meeting Comment (Mayor Sarah Smith Hymes)
7. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:34:40
Mayor Pro Tem Phillips reported that tomorrow she will attend the quarterly ECO transit meeting where
the group will be coordinating efforts on schedules.
Councilor Underwood asked Town Attorney Paul Wisor & Town Clerk Brenda Torres to summarize the
Council Election Petitions for the public knowledge.
Mayor Smith Hymes mentioned the memo that the Town Manager Eric Heil sent out about expectations
for virtual meeting participation and zoom etiquette. She may put this on a future Council agenda.
8. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 8:39 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
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood