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TC Minutes 01-26-2021 AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 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 Lindsay Hardy, Scott Prince, Tamra Underwood, RJ Andrade, Chico Thuon and Amy Phillips. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Planning Director Matt Pielsticker, Human Resources Director Lance Richards, Mobility Director Eva Wilson, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:35 Part One Mayor Smith Hymes explained we are Live on Channel Five and tonight we are also Live on Facebook and and Youtube. Mayor Pro Tem Phillips moved to approve the agenda as presented. Councilor Hardy seconded the motion and the motion passed unanimously. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:20 Part One No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:02:33 Part One Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Joyce Cohen welcomed the two new Councilors and asked for an opportunity to talk again about the circumstances in puppy mills and the ordinance that have been passed in peer communities. She explained this should be passed before a pet store opens up in town and asked Council to reconsider discussing a puppy mill ordinance on a future Council agenda. Larry Cohen mentioned he lives in New Jersey and he is the brother of Joyce Cohen. He spoke about 103 puppy mill ordinances that have passed locally in his area and said there are some opponents such as the American Kennel Club. 5. BUSINESS ITEMS 5.1. PRESENTATION: VISTA PROJECT (ABBY MUSFELDT DALLMANN AND ANGELO FERNANDEZ, EAGLE COUNTY) Video Start Time: 00:12:48 Part One Angelo Fernandez with Eagle County joined the virtual meeting together with Clark Anderson and Colton Berck. Clark Anderson was introduced as the partner in this project and he took Council through the brief PowerPoint included in the packet. Mayor Pro Tem Phillips inquired about the initiatives and ideas this group has to engage the Spanish speaking community. He confirmed engagement has not started yet, but it is on the front of their minds and they have designed strategies to get the Spanish speaking community involved. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Angelo Fernandez said that Eagle County has departments that are focused on building trust and relationships with the Hispanic community through projects like Mi Salud Mi Charco. It is important that Hispanic community members are part of the stewardship team so we can get their input and involvement. Mayor Smith Hymes asked for public comment and no public comments were made. Mayor Smith Hymes said the Town will appoint a steward to get involved. Mayor Pro Tem Amy Phillips volunteered to be the Avon steward. The 2021 appointment to Boards & Commissions on the website has been updated. 5.2. COUNCIL CONSIDERATION TO SIGN LETTER OF SUPPORT FOR GOCO APPLICATION TO ACQUIRE FUNDING TO CREATE A SEASONAL FULL-TIME PAID TRAIL CONSERVATION CREW (MAYOR SMITH HYMES) Video Start Time: 00:33:19 Part One Ernest Saeger, Executive Director of VVMTA, joined the virtual meeting and gave a brief overview. He explained this grant helps with the immediate impact that the significant increase in recreation since the start of the pandemic has had on our public lands and wildlife. He said the trail crews will lead the volunteer crews who have a hard time keeping up with current impact on public trails and public lands. Councilor Andrade inquired about long term plans. Ernest Saeger explained this grant is seed funding and there are plans to secure long term funding beyond 2021. Mayor Smith Hymes asked which public lands are involved and Ernest confirmed this is not only the West Avon Preserve but it also includes June Creek Road and USFS Road 779. Mayor Smith Hymes asked for public comment and no public comments were made. Mayor Smith Hymes polled Council and all 7 Councilors were supportive to sign the letter as the full Council with individual names. Councilor Thuon asked about snowmobiling on Road 779 and there was a brief discussion. 5.3. WORK SESSION: FINANCIAL REPORT AND QUARTERLY RETT REPORT (FINANCE DIRECTOR AND ASSISTANT TOWN MANAGER SCOTT WRIGHT) Video Start Time: 00:47:49 Part One Mayor Smith Hymes was having technical difficulties and got disconnected at 5:48 p.m. Mayor Pro Tem Phillips took over the meeting and introduced this item . Mayor Smith Hymes got re -connected at 5:50 p.m. Mayor Smith Hymes got disconnected again at 5:52 p.m. Mayor Smith Hymes got re -connected at 5:55 p.m. Finance Director Scott Wright joined the virtual meeting and spoke about the Town's 2020 finances. He said the COVID-19 impact on Town sales taxes was less severe than the conservative numbers estimated in the spring. Councilor Prince wanted to remind the public that the Town collects 4% of the 4.75% sales taxes at the Traer Creek Plaza. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Finance Director Scott Wright confirmed these reports will be presented to the Finance Committee on Thursday and he will follow up in February with final 2020 information. Mayor Pro Tem Phillips asked to add the Mi Casa exemption details to the quarterly Real Estate Transfer Tax (RETT) report in the future. Councilor Prince asked if we could track real estate transactions in Avon for primary residents versus second homes purchases. Mayor Pro Tem Phillips said that the title companies have access to reports that have more information so staff could ask them. Mayor Smith Hymes asked for public comments and Tom Ruemmler commented about the RETT. He said Avon was grandfathered in after TABOR and expressed he would like to be included in a public discussion. He said this tax is a large expense at closing cost and it is a better scenario to get rid of it and spread this tax burden over more people, including tourists. He said seven people on Council should not decide, but rather the people should vote on this. Town Attorney Paul Wisor clarified the RETT is typical in mountain communities, not illegal, and Avon has specific purposes on what the RETT funds can be used for. 5.4. PRESENTATION: DEPARTMENTAL GOALS FOR 2021 Video Start Time: 01:21:43 Part One Town Manager Eric Heil said we provided a redline to show changes made after the last Council meeting. He mentioned there will be department calendars with project timelines and these this will help put together future Council meeting agendas. Councilor Underwood suggested taking a large approach for finance and combining the analysis of RETT, a potential use tax and a potential marijuana tax, goals 3, 12 and 13, for a more robust study and rich answer. She also commented on the Health & Rec Committee and the Finance Committee. Town Manager Eric Heil said that both of those committees are up and running and have agendas and goals based on the resolutions that Council adopted. Mayor Smith Hymes suggested to include committee meeting minutes in future Council packets. Mayor Pro Tem Phillips asked if the second homeowners study done by NWCCOG in 2004 and 2008 should be updated. Councilor Underwood will raise the suggestion to update this study during this week's NWCCOG meeting. Mayor Smith Hymes asked for public comment and no public comments were made. 5.5. OVERVIEW OF MUNICIPAL LAW (TOWN ATTORNEY PAUL WISOR) Video Start Time: 01:42:44 Part One Town Attorney Paul Wisor provided an overview of the Code of Ethics, Ex Parte Contacts and Simplified Rules of Order. Council discussed Conflicts of Interest. Mayor Smith Hymes asked for public comment and Tom Ruemmler asked why Jake Wolf had a conflict of interest with the Executive Session to discuss the Recall Election and why Amy Phillips did not. Town Attorney Paul Wisor said that issue can be addressed once the Judge rules on the declaratory judgement. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.6. PUBLIC HEARING: SECOND READING ORDINANCE 21-01 APPROVING HOLY CROSS FRANCHISE AGREEMENT (TOWN ATTORNEY PAUL WISOR) Video Start Time: 00:00:01 Part Two Town Attorney Paul Wisor clarified which communities have 20-yr terms and 15-yr terms and that Holy Cross would prefer a 20-yr term, but would entertain a 15-yr term based on examples in other communities. There was Council discussion on the pros and cons for both. Mayor Smith Hymes asked for public comment and no public comments were made. Councilor Prince moved to approve on second reading Ordinance 21-01 Granting a Franchise to Holy Cross Energy for Distribution of Electrical Energy to the Residents of the Town of Avon for Light, Heath, Power and Other Purposes, revising it to a term of 15 years. Councilor Hardy seconded the motion and the motion passed with a vote of 4 to 3. Mayor Smith Hymes, Mayor Pro Tem Phillips, and Councilor Underwood voted no. 5.7. PUBLIC HEARING: SECOND READING ORDINANCE 21-03 APPROVING MUNICIPAL CODE AMENDMENTS RELATED TO WOOD BURNING DEVICES (MATT PIELSTICKER) Video Start Time: 00:17:14 Part Two Planning Director Matt Pielsticker presented Ordinance 21-03 and expressed there was a slight change to the language from new technology devices to new technology wood stoves since the January 12th meeting. Councilor Underwood asked for some changes in the language in sections 9.02.1 and 9.02.2. Mayor Smith Hymes asked for public comment and no public comments were made. Councilor Underwood moved to approve on second reading Ordinance 21-03 Amending Avon Municipal Code Chapter 15.16.060 to Permit the Replacement of Existing Solid-Fuel Devices with New-Technology Wood Stoves, with the changes she noted earlier to sections 9.02.1, definitions, and 9.02.2, regulations of fireplaces. Councilor Hardy seconded the motion and the motion passed unanimously. 5.8. APPROVAL OF DUE DILIGENCE APPLICATION FOR NOTTINGHAM RESERVOIR CONDITIONAL WATER RIGHT (MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C., RICHARD J. MEHREN) Video Start Time: 00:23:37 Part Two Town Manager Eric Heil explained we have to file every 6 years and it is really not optional. He explained this reservoir is located North of I-70 on Post Blvd and is situated on private property. Town Engineer Justin Hildreth joined the meeting and answered Council questions. Mayor Smith Hymes asked for public comment and no public comments were made. Councilor Underwood moved to approve the filing of the Due Diligence Application for Nottingham Reservoir Conditional Water Right. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.9. NOTICE OF AWARD FORMER TOWN HALL DEMOLITION (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 00:33:54 Part Two Town Engineer Justin Hildreth explained when the Town put this to bid one year ago, we only received 1 bid and then decided to split the project into a utilities project and a demo project. He said this is just the demo and asbestos project, and this was open to bid for 5 weeks, being Tasman Geosciences, Inc. with $571,235 the lowest bid. He mentioned his memo also recommends increasing the budget to cover contingencies and other expenses and that the work is scheduled to start in early March and be completed by June 1. He confirmed the public parking lots will be closed for the duration of the project and the Utility project has been a challenge and the electrical work is left to do. He explained that after a short construction shutdown, the contractor will come back and complete this by May 15th. There was Council discussion on the Town's construction projects budgets and timelines and the contracts and penalties. Mayor Smith Hymes asked for public comment and no public comments were made. Mayor Pro Tem Phillips moved to authorize issuance of Notice of Award for the Former Town Hall Demolition Project contract to the low bidder, Tasman Geosciences Inc. in the amount of $571,235 as approved in the Town of Avon 2021 Capital Projects Fund and direct Staff to increase the project budget to $643,359. Councilor Prince suggested to add a completion date in the motion. Dates were discussed but the motion did not receive a second and the motion failed. Mayor Pro Tem Phillips moved to continue this item to the February 9th meeting and have the contractor attend the meeting. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 1. Mayor Smith Hymes voted no. 5.10. NOTICE OF AWARD FOUR VARIABLE MESSAGE BOARD SIGNS (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 01:08:34 Part Two Town Engineer Justin Hildreth explained where these signs are anticipated. Council extensively discussed the different elements of these Variable Message Signs (VMS) boards including the location, the messaging, the light pollution and brightness, potential distraction while driving, appearance and design of the monuments , consistency and having the Walgreens sign to look the same, the clarity when viewing from an angle, potential sign fatigue and micro messag ing per neighborhood. Councilor Thuon commented and emphasized that Council should listen to the community. He left the meeting at 8:56 p.m. Councilor Prince asked Town Engineer Justin Hildreth to present a map with all the locations , costs for bases , and pictures of real -life samples of signs in Denve r. Town Engineer Justin Hildreth clarified he has a bid on the bases similar to the one at Walgreens. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 After Council discussion, Councilor Prince moved to table this item to an uncertain date. Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote of 5 to 1. Mayor Smith Hymes voted no. Council Thuon was absent. 6. MINUTES 6.1. APPROVAL OF JANUARY 12, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 01:52:27 Part Two Mayor Smith Hymes clarified that minutes in the packet have been updated. Councilor Underwood moved to approve the January 12, 2021 Regular Meeting Minutes as presented. Councilor Prince seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 7. WRITTEN REPORTS 7.1. January 5th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. Upper Eagle Regional Water Authority Dec 17, 2020 Meeting Summary (Mayor Smith Hymes) 8. MAYOR AND COUNCIL MOMMENTS & MEETING UPDATES Video Start Time: 01:53:09 Part Two Mayor Pro Tem Phillips reported that the Eagle Air Alliance is looking into grant funding which is spearheaded by Eagle County Staff and said the airport is doing better than most as people choose to travel to small mountain resort communities. She also reported that she attended the High Five Access Media meeting and they are working on ways to ensure they can support a blended meeting format when meetings go back to meet in-person and have a virtual attendance element. She mentioned there are open seats on the board for citizens at large, please call her if you are interested. She ended her comments saying she is rather disappointed that Councilor Thuon left and decided not to finish the meeting. She called his behavior immature, unprofessional and totally unnecessary. Councilor Hardy reported she attended the CASE and Health & Rec Committee meetings last week. The CASE Committee discussed plans for hiring artists to do a mural on the Recreation Center. The Health & Rec Committee discussed outcomes of the 2018 community survey and input for the 2021 community survey. She inquired when we will start interviewing PZC candidates for the vacant positions. Mayor Smith Hymes heard a misunderstanding that we are "spending taxpayer money to fight the railroad". She wanted to clarify that the Town is not taking a position but is trying to fully understand the impact it would have if it went through. She reminded Council that the Colorado Association of Ski Towns (CAST) meetings are happening virtually this Thursday at 2:00 p.m. and Friday at 10:00 a.m. and that all Councilors are welcome to join. She polled Council asking which Councilors want to revisit puppy mills at a future meeting. Council decided they did not want to bring this back at a future meeting. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 26, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:28 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 Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade