Loading...
TC Minutes 09-22-2020 AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 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 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, Jennie Fancher, and Scott Prince. Councilor Chico Thuon and Councilor Jake Wolf were absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, Planning Director Matt Pielsticker, Finance Director Scott Wright, Mobility Director Eva Wilson, Executive Assistant to the Town Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:32 Mayor Smith Hymes pulled off agenda item 5.7 per Town Engineer Justin Hildreth request due to additional conversations outgoing with the lender. Mayor Smith Hymes also added a council discussion on going back to in-person meetings as agenda item 5.9. Councilors Fancher and Underwood asked to pull item 7.4 written report on winter transit operations to be discussed with item 5.5 Discussion of Winter Restaurant Operations. Mayor Smith Hymes added this as item 5.5A. Councilor Wolf joined the meeting at 5:01 p.m. Councilor Thuon joined the meeting at 5:02 p.m. Councilor Prince moved to approve the agenda as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 1. Councilor Wolf voted no. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:03:25 Councilor Thuon asked to recuse himself from agenda item 5.5 Discussion of Winter Restaurant Operations as he is involved in agreements and negotiations about heating the winter tents. Councilor Underwood made a motion to recuse Councilor Thuon from agenda item 5.5. Discussion of Winter Restaurant Operations. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon did not vote. Councilor Thuon also asked to be recused from agenda item 5.3 Resolution 20-23 Approving a Preliminary Plan for a Major Subdivision Application for Tract 5D, Riverfront Subdivision as he has an active buyer for the property in question. After Council discussion and clarification from Jim Telling, Councilor Thuon did not recuse himself from this item. Town Attorney Paul Wisor disclosed that Council has been discussing and receiving a significant amount of public comments about USFS Road 779 and that his parents own a property adjacent to this road. He mentioned his father made public comments and expressed his opinion. Therefore, he asked a colleague to take over as the Town Attorney on this particular issue. Councilor Wolf expressed that from 5:30 p.m. to 6:00 p.m. he will leave the meeting to teach music to children. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 4. PUBLIC COMMENT Video Start Time: 00:12:51 Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Lindsay Hardy introduce herself and announced she is running for Avon Town Council and her goal is to represent the young local people in the community. Devon DeCrausaz made a comment by phone. She said she emailed Council about Road 779 and wanted to ensure this comment goes into the public record. Patricia Plavec also made a comment about Road 779. She expressed support of keeping the road open. Amy Phillips made a comment that she is also running for re-election on Avon Town Council. She thanked all candidates that decided to run for Council. Debbie Latsfrom made a comment about Road 779 as well. She is supportive of keeping the road open for motorized vehicles and supported the previous two comments. Michael Cacioppo commented and expressed he has made multiple requests to see who all the participants are on the Zoom meeting. He expressed it is really unfair to not be able to see who is in the audience. Council addressed his questions and said they have looked into this and will look into this again. Mayor Smith Hymes announced the Council Candidates Forum will be hosted by High Five on Monday night September 28 at 6:30 p.m. via Zoom and encouraged the public to join the meeting to meet the candidates. 5. BUSINESS ITEMS 5.1. RESOLUTION NO. 20-24 DECLARING SUPPORT FOR GALLAGHER BALLOT ISSUE (Town Attorney Paul Wisor) Video Start Time: 00:29:43 Town Attorney Paul Wisor explained the Gallagher Ballot Issue. He said Resolution 20-24 expresses Town Council’s support for Ballot Issue 2E, the Gallagher Amendment stabilization question Town Council placed on the November 3, 2020 ballot and it also expresses Council’s support for similar ballot issues placed on the November 3, 2020 ballot by Eagle County and Eagle River Fire Protection District. He explained the reduction in the assessment rate from 7.15% to approximately 5.88% is expected in result in a revenue loss to the Town of Avon in the amount of approximately $240,000. Mayor Smith Hymes called for public comments and Michael Cacioppo commented and asked for clarification from Town Attorney Paul Wisor on the implication for potential future tax decreases. Town Attorney Paul Wisor explained if this question passes, Council could increase its mill levy to prevent the loss in revenue that would be a result of Gallagher. Councilor Fancher made a motion to approve Resolution 20-24 expressing Town Council’s support for the passage of Ballot Issue 2E as well as Eagle County Ballot Issue 1A and Eagle Fire Protection District Ballot Issue A. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was away. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.2. DECISION ON QUALIFICATIONS OF A PLANNING AND ZONING COMMISSION MEMBER (Planning Director Matt Pielsticker Video Start Time: 00:45:42 Planning Director Matt Pielsticker referred to the memo in the Council packet about Commissioner Smith relocating to Gypsum but staying on PZC until the end of her term in May 2021. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Fancher moved to permit Rebecca Smith to serve until the end of her appointed Planning and Zoning Commission term, May 2021. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was away. 5.3. PUBLIC HEARING RESOLUTION 20-23: APPROVING A PRELIMINARY PLAN FOR A MAJOR SUBDIVISION APPLICATION FOR TRACT 5D, RIVERFRONT SUBDIVISION (Planner David McWilliams) Video Start Time: 00:48:41 Planning Director Matt Pielsticker presented Resolution 20-23. Jim Telling joined the virtual meeting to answer Council questions. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Fancher moved to approve Resolution 20-23 Approving a Preliminary Plan for a Major Subdivision Application for Tract 5D, Riverfront Subdivision. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was away. 5.4. COMMUNITY GRANT RECOMMENDATIONS (Communications Manager Elizabeth Wood) Video Start Time: 01:00:19 Communications Manager Liz Wood joined the virtual meeting and explained the grant recommendations, committee process, and the difference in funding from 2019, 2020 and 2021. She answered Council questions and took suggestions to further improve the 2022 grant process with tax returns in lieu of financial statements. Councilor Underwood suggested some changes to the application. She mentioned she would like to see reports on how organizations have used the funding and also a COVID-19 relief report. Communications Manager Liz Wood said she will create a written report to present at the next Council meeting on October 6th. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Fancher moved to direct Staff to include the funding recommendations of the Community Grant Committee in the 2021 Town of Avon budget. Mayor Pro Tem Phillip seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince stepped away from his computer for a moment and did not vote. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.5. DISCUSSION OF WINTER RESTAURANT OPERATIONS (Town Manager Eric Heil) Video Start Time: 01:19:02 Councilor Thuon turned off his screen and recused himself from this agenda item. Town Manager Eric Heil and Executive Assistant to the Town Manager Ineke de Jong highlighted the report and cost estimates received for tents, heaters and fuel. Mayor Smith Hymes had several questions regarding availability, ventilation, being equitable to restaurants that opt in/out, the cost of rental vs purchase and being cognizant of the greenhouse gas impacts. She asked if staff has looked at the cost of additional liability and will that be a dealbreaker. The majority of Council liked the idea of heating rooms/firepits as waiting areas around restaurants as an alternative to the tents for dining. Councilor Wolf mentioned he knows a business that is selling their tents and heaters and shutting down their business and suggested staff talk to them. Mayor Smith Hymes recommended that staff talk to restaurants to set up a meeting with restaurant owners to talk more details. Staff will contemplate this for next week, Wednesday September 30th. Mayor Smith Hymes called for public comments and Alex Bolla made a public comment and expressed he is working with Brian Nolan on heating of tents in Beaver Creek with Infrared technology. He mentioned there is a demo tent in the village in front of Blue Moose Pizza where they have integrated their infrared technology into the floor. He expressed this is a green solution and he will send the cost information to Executive Assistant to the Town Manager Ineke de Jong. 5.5A. MOVED ITEM 7.4. WINTER TRANSIT PLAN (Mobility Director Eva Wilson) Video Start Time: 02:09:09 Mobility Director Eva Wilson joined the meeting to answer questions from Council. Councilor Fancher wondered if Beaver Creek Resort would consider contributing more to the extra skier shuttles and restaurant shuttle. She asked if the Town is going after a bigger cost share with Avon lodging partners and Beaver Creek resort company. Town Manager Eric Heil explained he has been in talks with Beaver Creek for weeks, but they have their own challenges to deal with and the extra winter transit operations is what the town can/must/shall do for our businesses and visitors. Councilor Prince asked if we should be promoting this message. Eric confirmed we should. Councilor Underwood expressed marketing/promotion in buses should be maximized, that is what we are good at and what we should do. Alex Bolla made a public comment to confirm that the "test tent" in Beaver Creek that he referred to under agenda item 5.5 is moving to Vail tomorrow and he will let Executive Assistant to the Town Manager Ineke de Jong know the exact location. 5.6. ALLOCATION OF BUFFALO RIDGE SALE PROCEEDS (Town Manager Eric Heil) Video Start Time: 02:20:16 Councilor Thuon rejoined the meeting at 7:20 p.m. Town Manager Eric Heil explained the report on the proceeds. He said the Town closed on the Buffalo Ridge and received slightly under $1.5 million. Mayor Smith Hymes called for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Councilor Prince moved to direct Staff to allocate the proceeds of the Buffalo Ridge Phase 2 sale to the Community Housing Fund minus the Town Attorney’s cost rounded up to the nearest $1,000. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was absent. 5.7. NOTICE OF AWARD FOR RECREATION CENTER REMODEL PROJECT (Town Engineer Justin Hildreth, Recreation Center Director John Curutchet) Pulled off the agenda and postponed to the October 6th agenda. 5.8. APPROVAL OF AMENDMENT TO TOWN MANAGER CONTRACT (Town Attorney Paul Wisor) Video Start Time: 02:25:09 Councilor Wolf got disconnected at 7:26 p.m. Town Attorney Paul Wisor explained the amendment to the Town Manager Contract to reflect Eric Heil’s prior tenure as the Town Attorney. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to direct the Town Attorney to amend the Town Manager’s employment agreement as reflected on the electronic page 49 of the packet tonight. Councilor Fancher seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was absent. 5.9. ADDED ITEM DISCUSSION ON IN-PERSON COUNCIL MEETINGS Video Start Time: 02:27:25 Town Manager Eric Heil explained it is possible but the technology we currently have in Council Chambers is not suited for a "blended" meeting format. Councilors provided individual opinions. Mayor Pro Tem Phillips and Councilors Underwood, Fancher and Thuon would like to keep the virtual format. Mayor Smith Hymes would like to work towards a goal of having a 'smooth blended' meeting in the future. She suggested staff to talk to the Eagle River Water & Sanitation District's IT team to get more insight. Councilor Wolf rejoined the meeting at 7:41 p.m. Councilor Underwood would like to explain the technology we use and have a protocol of its limitations on the current format for transparency regarding the attendees list. Councilor Prince suggested to do some research on other platforms. Town Manager Eric Heil said he has observed as he attends to all meetings, that Zoom has Webinar features that other platforms do not. Councilor Fancher said that in an in-person meeting, an attendee will not know the names of the other persons present. Mr. Cacioppo made a public comment and explained the importance of being able to see the list of attendees. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 6. MINUTES 6.1. APPROVAL OF MINUTES FOR SEPTEMBER 8, 2020 COUNCIL MEETING (Town Clerk Brenda Torres) Video Start Time: 02:56:35 Councilor Underwood moved to approve the minutes from September 8, 2020 regular Council meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 1. Councilor Wolf voted no. Councilor Fancher abstained from the vote as she was absent on Sept 8th. 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority August 27, 2020 Meeting Summary (Mayor Smith Hymes) 7.2. Financial Reports (Senior Accountant Joel McCracken) 7.3. Eagle County Community Wildlife Roundtable Meeting Recap (Intern Charise Bishop) 7.4. Winter Transit Plan (Mobility Director Eva Wilson) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:57:29 Councilor Fancher thanked Town Manager Eric Heil and his band for the Saturday night event. Councilor Wolf thanked all people that deserve to be said “thank you” to. 9. EXECUTIVE SESSION FOR THE PURPOSE OF LEGAL ADVICE AND NEGOTIATIONS TO DISCUSS A POTENTIAL SPECIAL EVENT (TOWN ATTORNEY PAUL WISOR AND TOWN MANAGER ERIC HEIL) Video Start Time: 02:58:21 Mayor Smith Hymes moved to go into Executive Session For a Conference with the Town Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions Pursuant to CRS Section 24-6-402(4)(B) and for the Purpose of Determining Positions Relative to Matters that are Subject to Negotiations and to Instruct Negotiators Pursuant to CRS Section 24-6-402(4)(E)(I) Regarding a Potential Special Event in Avon. The CRS Section was clarified by Town Manager Eric Heil. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 1. Councilor Wolf voted no. The time was 8:03 p.m. Executive Session started at 8:09 p.m. Executive Session ended at 8:30 p.m. 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:31 p.m. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 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