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TC Minutes 10-27-2020 AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 27, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 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, Chico Thuon, Jennie Fancher, and Scott Prince. Councilor Jake Wolf was absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, 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: 00:00:34 No changes were made to the agenda. Councilor Underwood moved to approve the agenda as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:09 No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:24 Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Amy Phillips made a public comment as a Council candidate. She said she is running for Avon Council and she read a statement to clarify some misrepresentations and incorrect statements that are out in the public. She provided her email address and phone number and said to contact her with any questions or concerns. 5. BUSINESS ITEMS 5.1. AVON POLICE DEPARTMENT PRESENTATIONS (POLICE CHIEF GREG DALY) • CALEA AWARD PRESENTATION- COLONEL MATTHEW PACKARD (CHIEF OF THE COLORADO STATE PATROL) • OFFICERS HINES SWEARING IN • VOLUNTEERS OF THE YEAR AWARDS • OFFICER OF THE YEAR AWARD • MASTER POLICE OFFICER PECK RETIREMENT PROCLAMATION AND PRESENTATION • BJA AWARD • SPECIAL OLYMPICS AWARD • MOTHERS AGAINST DRUNK DRIVING AWARD Video Start Time: 00:04:50 Councilor Thuon left around 5:10 p.m. Colonel Matthew Packard, Chief of the Colorado State Patrol, joined virtually and presented the accreditation certificate as part of the Avon Police Department’s national re-accreditation with the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®). AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 27, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Chief Greg Daly presented the Volunteers of the Year award, which was a tie this year: Maggie Chávez and Avon Town Clerk/APD Community Outreach Coordinator Brenda Torres. A new award this year is Baker of the Year award, which goes to Mrs. Karen Merling and her husband for bringing fresh baked goods to the APD. Mayor Smith-Hymes presented the swearing-in. The Oath of Office was administered by Town Clerk Brenda Torres and Officer Hines’ wife Brooke pinned his badge. Officer of the year award went to Master Police Officer Chris Peck. He will retire in November. Mayor Smith Hymes read the Proclamation for Master Police Officer Chris Peck and thanked him for his 30 years of service. Chief Daly presented a shadow box with badges worn throughout his long career. Chief Daly explained that APD did not win the U.S. Department of Justice, Bureau of Justice Assistance award. However, one of their program submissions was a finalist in the category of General Officer Safety and they were among three agencies that made it to the final round. Chief Daly said that APD was honored to receive the 2019 Law Enforcement Torch Run State Directors Agency Award for our community partnership in support of the Law Enforcement Torch Run for Special Olympics Colorado. Deputy Chief Coby Cosper presented an award for Chief Daly for the Mothers Against Drunk Driving (MADD)/Colorado Department of Transportation. “Excellence in Leadership Award (Mountain)” for his dedication and leadership in DUI enforcement to include his 11 DUI arrests in 2019. Chief Daly is leading by example and performing these duties outside normal business hours. Excellence leadership award. Mayor Smith Hymes thanked, in behalf of Avon Town Council and the Citizens of the Town of Avon, Chief Daly and men and women of the Avon Police Department for their fantastic work. 5.2. INTERGOVERNMENTAL AGREEMENT FOR ANIMAL SERVICES BETWEEN EAGLE COUNTY AND THE TOWN OF AVON (POLICE CHIEF GREG DALY) Video Start Time: 00:35:17 Police Chief Daly explained the IGA and some very minor changes that were made today, and he answered several questions from Council. Mayor Pro Tem Phillips suggested putting this on a workplan to look at the bigger picture starting next year. Mayor Smith Hymes asked for public comment and no public comments were made. After Council discussion, Councilor Prince moved to approve the IGA between the Eagle County and the Town of Avon for the provision of Animal Services with a modification the IGA run through Dec 31, 2021 only. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Thuon and Councilor Wolf were absent. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 27, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.3. PROCLAMATION ANNOUNCING NOVEMBER 1ST AS EAGLE COUNTY FIRST RESPONDER DAY (ALAN HIMELFARB AND JILLIAN MOORE WITH STARTING HEARTS) Video Start Time: 00:56:00 Alan Himelfarb joined the virtual meeting and explained more details about the night to honor first responders and front-line heroes. In the past this has been an in-person event and this year the group has developed a 90 minutes online event that will air on November 1st. A proclamation is before Council for consideration this evening. He said his group received wonderful responses from the community and local organizations. Mayor Pro Tem Phillips moved to approve the proclamation of naming November 1, 2020 as Eagle County First Responder Day. Councilor Underwood seconded the motion and the motion passed with a vote of 5 to 0. Councilor Thuon and Councilor Wolf were absent. 5.4. PRESENTATION OF COMMUTER SURVEY RESULTS (KIM SCHLAEPFER, PROJECT MANAGER CLIMATE ACTION COLLABORATIVE) Video Start Time: 01:01:00 Kim Schlaepfer joined the virtual meeting and presented the results from the commuter survey which was conducted earlier this year. Mayor Smith Hymes suggested staff to look into waiving taxes on electric vehicles sales. Town Manager Eric Heil mentioned that housing proximity to work has a big impact. Councilor Fancher commented that housing, especially multi-family, needs bus stops plus safe crossings to the bus stops. Mayor Pro Tem Phillips believes we are now at the density to support a third bus loop servicing Metcalf Road and Nottingham Road. Councilor Thuon rejoined at 6:10 p.m. Mayor Smith Hymes asked for public comments and no public comments were made. 5.5. WORK SESSION: CAPITAL IMPROVEMENTS PROJECTS PLAN DISCUSSION (TOWN MANAGER ERIC HEIL) Video Start Time: 01:33:35 Town Manager Eric Heil took Council through the Capital Improvements Projects (CIP) plan and updates since the last meeting on October 6th, including the Nottingham lake dock and beach expansion and the addition of a Police Response Simulator. He mentioned the spreadsheet in the packet is up to date, but the narrative is not. Town Engineer Justin Hildreth and Mobility Director Eva Wilson joined the meeting and answered questions about bus stops at the Piedmont Apartments. He said for now it acts like a bus stop, but it does not have the shelter and the bus lane, but it will be presented in a future CIP plan. Mobility Director Eva Wilson clarified the routes. Town Manager Eric Heil mentioned staff will work on a transit plan for The Village at Avon, rather than responding to individual developers. Councilor Fancher brought up parking near Nottingham lake and making it safer, saying there is ample parking, but everyone wants to park as close to the beach as possible on West Beaver Creek Boulevard. She suggested again offering wagons to take personal items from parking on Lake Street to the beach. Several Councilors agreed that a parking plan needs to be worked on. Councilor Thuon suggested a 1- way loop around Lake Street and Mikaela Way and making more parking along there and in addition wants to work on a digital signage up to Wildridge. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 27, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Wolf joined at 7:13 p.m. Town Manager Eric Heil took a poll and a majority of Council would like to prioritize/accelerate parking for Nottingham lake over other CIP items. Councilor Fancher would like to work on restrooms by the beach, she said the sooner the better. Councilor Prince expressed he continues to support electronic signage boards for Wildridge. Town Manager Eric Heil confirmed it is planned for spring 2021. Councilor Prince is not supportive of the I-70 overpass project. He does not want the beach expansion in the same year as the bathroom project. Mayor Smith Hymes agreed on expanding the beach after installing more restrooms. Councilor Wolf and Councilor Thuon echoed we need to clear snow and not spend money on the I-70 overpass project. Councilor Underwood mentioned the old Town Hall demo and asked about the current status. Javier Placer, with SUP rentals, virtually joined the meeting. He said they do not want to add capacity, as residents also want to bring their own SUPs, kayaks and recreation items. He said 95% of their business is walk in. He thinks educating people on other places to park, like the elementary school, is a great idea. Councilors thanked him for doing a great job for the last several years. 5.6. WORK SESSION: ICE SKATING (PUBLIC WORKS DIRECTOR GARY PADILLA) Video Start Time: 02:52:49 Public Works Director Gary Padilla and Public Works Superintendent Drew Isaacson joined the virtual meeting and referenced the memo in the packet. Town Manager Eric Heil explained this is scheduled to happen this winter per Council direction earlier this year, unless Council provides a different direction today or if the weather is not cold enough to get ice thickness of at least 10”=. Councilor Prince expressed he is not supportive of skating on the lake due to the high cost and staff time as well as staff cost and risk. Councilor Underwood is supportive and thanked staff for embracing the possibility of doing it and doing it safely, especially Public Works Superintendent Drew Isaacson. He then clarified questions about the request for proposal for snow removal services. Town Attorney Paul Wisor clarified questions about the mechanics of signing the liability waivers for access to the lake which will be in the hands of the Recreation department. Mayor Smith Hymes asked for public comments and no public comments were made. Mayor Smith Hymes said tons of work has gone into developing this plan and it's a big expense, but we have spent more money on special events that have not always been successful, so she thinks of this as a winter special event and she expressed she is very excited about this project. Mayor Smith Hymes, Councilor Wolf, and Councilor Thuon all agreed with Councilor Underwood's comments. Councilor Thuon suggested putting some heaters and some s’mores pits around. 5.7. BUSINESS COVID-19 RELIEF GRANTS PROGRAM (TOWN MANAGER ERIC HEIL) Video Start Time: 03:12:03 Town Manager Eric Heil introduced the topic and Marketing and Communications Manager Liz Wood and Executive Assistant to the Town Manager Ineke de Jong were present to answer Council questions. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 27, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Marketing and Communications Manager Liz Wood talked about the timeline to roll this out and confirmed that if Council approves tonight, a press release, webpage, links on COVID-19 resources page and notices to businesses could happen this week. Councilor Prince wondered if the $5 Million in revenues should perhaps be reduced to a smaller number. Councilor Underwood suggested to add business license and sales tax license numbers in the application for the Finance department, and that staff asks for quarterly P&L statements, not monthly balance sheets, and to ask for one third party document to show business legitimacy. Councilor Prince agreed with all this and said asking for 2019 Business tax returns to the IRS to show legitimacy and P&L statements through the most recent quarter. Council asked to be as proactive as possible to get the word out to businesses. Mayor Smith Hymes asked for public comments and no public comments were made. 6. MINUTES 6.1. APPROVAL OF MINUTES FOR OCTOBER 6, 2020 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Video Start Time: 03:29:26 Councilor Prince said Matt Scherr's name has a typo under item 4. Councilor Fancher moved to approve the minutes from October 6, 2020 Regular Council meeting with the correction made from Councilor Prince. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 1. Councilor Wolf voted no. 6.2. APPROVAL OF MINUTES FOR OCTOBER 20, 2020 SPECIAL COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Video Start Time: 03:31:00 Councilor Fancher moved to approve the minutes from October 20, 2020 Special Council meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 1. Councilor Wolf voted no. 7. WRITTEN REPORTS 7.1. October 6th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. Monthly Financial Report (Senior Accountant Nelly Burns) 7.3. Quarterly RETT Report (Senior Accountant Nelly Burns) 7.4. West Avon Preserve Trails Restoration Update (Planning Director Matt Pielsticker) 7.5. Avon Rec Center Q3 Financials Report (Recreation Director John Curutchet) 7.6. Overnight Parking for Large Vehicles (Mobility Director Eva Wilson) 7.7. Swearing In of New Council Members (Town Clerk Brenda Torres) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:31:52 Councilor Fancher wanted to acknowledge that COVID cases are rising everywhere and she hopes people stay safe so we can have a successful winter season. She then read a statement about civil behavior declining in the nation and in our small town. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 27, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 She expressed appreciation to Councilor Prince and Councilor Thuon who expressed support to the women on Council and said that having each other’s backs regardless of differences is important. She expressed to find it truly despicable that Councilor Wolf was actively involved in the recall and circulated the petition to recall the women on Council. She mentioned some important decisions that were approved by all seven Council members. She urged the community to get informed and not to fall prey to misinformation and lies. She ended her comment reminding the public to vote. Councilor Wolf chimed in to defend himself. He explained he did not vote for the recall, but he signed the petition to allow people to choose, to have a choice, whether or not they want to recall people and he only collected one signature. He said Councilor Fancher went on a wild chase of inaccuracies and outrageous accusations about the recall, the stage and the previous Town manager. Councilor Thuon expressed these times are not easy times and urged everyone to continue to breath and please vote. He asked the community to please continue to keep safe and keep wearing masks. Mayor Smith Hymes expressed there is a meaningful change in the mandate for the Oil & Gas commission and that she gave testimony on Monday. Mayor Pro Tem Phillips ended on an optimistic note, saying she is a huge believer in democracy, in a civil and representative manner. All decisions and conclusions are derived as a group of seven individuals. She encourages all Council candidates to attend meetings like done in past years and said that perhaps candidates are watching at home since in past years we haven't dealt with the virtual meeting format. She said she will be advocating for access to Nottingham Road, talked about The Mask Mandate, and mentioned she will ask staff to estimate costs of staff time for the recall once over and done. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:55 p.m. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 27, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 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