TC Council Packet 10-08-2013
TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, OCTOBER 8, 2013
MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
FINAL Avon Meeting Agenda 13 10 08 Page 1
PRESIDING OFFICIALS
MAYOR RICH CARROLL
MAYOR PRO TEM TODD GOULDING
COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER,
ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF
PLANNING AND ZONING COMMISSIONERS
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS.
GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT, AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC.
PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MATERIALS.
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY.
THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH.
______________________________________________________________________________________________________________
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC)
4.1. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado
Revised Statute §24-6-402(4)(b) related to settlement matters regarding Town of Avon v Traer
Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 3
4.2. Meet Pursuant to Colorado Revised Statute §24-6-402(4) (f) for the purpose of discussing
personnel matters related to the annual performance review of the Town Manager
5. PUBLIC COMMENT
6. BUDGET WORK SESSION
6.1. Review and Recommendation for Funding 2014 Requests from Outside Agencies - Agency
Representatives will be present to answer questions (Virginia Egger, Town Manager)
6.2. Review of 2014 Budget Recommendation (Virginia Egger, Town Manager)
6.2.1. Affordable Housing Fund (Scott Wright, Finance Director)
6.2.2. Equipment Replacement Fund (Scott Wright, Finance Director)
6.2.3. Capital Projects Fund /Facilities Replacement Fund/Community Enhancement Fund
(Justin Hildreth, Town Engineer)
6.2.4. Water Fund (Justin Hildreth, Town Engineer)
6.2.5. Debt Service Fund (Scott Wright, Finance Director)
7. URBAN RENEWAL AUTHORITY MEETING (ESTIMATED TO BEGIN AT 8:15 PM; SEE PAGE 3 FOR AGENDA)
8. VILLAGE AT AVON UPDATE (ESTIMATED TO BEGIN AT 8:30 PM)
TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, OCTOBER 8, 2013
MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
FINAL Avon Meeting Agenda 13 10 08 Page 2
9. ACTION ITEMS
9.1. CONSENT CALENDAR
9.1.1. Renewal/Approval of Eagle County Animal Control IGA (Bob Ticer, Police Chief)
9.1.2. Sex Offender Tracking and Registration (SOTAR) Data Base IGA with Douglas County Sheriff
(Bob Ticer, Police Chief)
9.1.3. Agreement for Legal Services for the Town of Avon with Attorney Eric Heil
9.1.4. Agreement for Legal Services of Client Attorney for Prosecutor Elizabeth Pierce-Durance
9.1.5. Minutes from September 24, 2013 and October 2, 2013 Meetings
10. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
10.1. Upper Eagle Regional Water Authority Board Meeting (Todd Goulding, Mayor Pro Tem)
11. COUNCIL COMMENTS
12. MAYOR REPORT AND FUTURE AGENDA ITEMS
13. ADJOURNMENT
FUTURE AGENDA ITEMS:
October 22nd: Joint Session with Planning & Zoning Commission, Mall & Avon Road Planning Update, “Business
Friendly” Review Environment, 2014 Strategic Plan, Village at Avon Update & Public Hearing on Ordinance No. 13-
13 Amending the Consolidated and Amended and Restated Annexation and Development Agreement,
Amendments to Traer Creek
TOWN OF AVON, COLORADO
AVON URBAN RENEWAL AUTHORITY MEETING FOR TUESDAY, OCTOBER 8, 2013
MEETING BEGINS AT 8:15 PM
AVON TOWN HALL, ONE LAKE STREET
FINAL Avon Meeting Agenda 13 10 08 Page 3
PRESIDING OFFICIALS
CHAIRMAN RICH CARROLL
VICE CHAIRMAN TODD GOULDING
BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER
ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY
ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS
PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, AND AVON LIBRARY
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. BUDGET WORK SESSION
4.1. Review 2014 URA Budget Recommendation (Scott Wright, Finance Director)
5. ADJOURNMENT
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Virginia Egger, Town Manager
Ad Hoc Staff Sub-Committee:
Matt Pielsticker, Senior Planner
Jared Barnes, Planner 2
John Curutchet, Interim Recreation Director
Danita Dempsey, Special Events Supervisor
Patty McKenny, Assistant Town Manager
Date: October 2, 2013
Agenda: 2014 Budget Work Session: Outside Agency Requests
2013-14 Community/Special Event Funding: Requests and Recommendations
Please find attached Exhibit 1: 2013-14 Community/Special Event Funding: Requests and Recommendations.
- Exhibit 1 is a summary of 2014 funding requests from outside agencies. In addition, recommended funding for
Town of Avon in-house produced special event programs are included to provide a comprehensive review of
all revenues the Town of Avon appropriates in support of economic development and other regional efforts.
- Exhibit 2 provides the rating criteria and averaged ratings by the Staff Subcommittee.
(See below: Outside Funding Requests & Rating Process)
- Exhibit 3 is the full application packet used for the solicitation of outside funding requests.
Representatives from outside agencies will be present at Tuesday’s meeting to answer questions.
Council Direction
Council is asked at Tuesday’s meeting to provide direction for the various programs listed on Exhibit 1 in
preparation of the 2014 General Fund Budget In addition, with much of the funding requested by outside
agencies is for Economic Development, staff also seeks direction on funding for the 2015 World Alpine
Championships and the continued “seeding of special events” to be held in the Town of Avon. While still under
final review and preparation by Town staff, the 2014 draft General Fund budget, will show a balanced budget with
the funding recommendations for outside agency requests and Town of Avon special events as presented in
Exhibit 1.
- Review sessions of the 2014 Draft General Fund are planned at Council’s October 22nd and November 12th
regular meetings. Final budget action by Council is scheduled for November 26, 2013. The 2014 Town of Avon
Budget shall be provided to Council on October 16th.
Summary
Exhibit 1 is organized by program areas with sub-totals. Each program includes notes and any recommendations
for conditions of funding. For those entities submitting a full application, the proposals are included after Exhibit 3,
with tab numbers noted on Exhibit 1.
• The total 2014 funding recommendation, as shown on Exhibit 1, is $334,645. This is $83,900 less than 2013
funding and $126,000 less than requested. The largest contributors to the reduction from 2013 to 2014 were
the Women’s Bird of Prey alpine event, which was a one-year opportunity ($35,000); and the one-time
production of Fire & Ice ($42,909) last February.
Page 2
• The Town Council’s 2013-14 Strategic Plan & 2014 Work Plan, adopted by Resolution 13-27, is the lead policy
direction in funding for Economic Development, Special Events and the 2015 World Alpine Championships.
Avon Special Events & Economic Development Initiatives: The investment in Avon Special Events is felt to
be the most important use of Town revenues over the next several years – the investments in Special
Events, held in the Town of Avon, are needed to support local businesses, provide interest and vitality for
the Avon community and our visitors, and provide additional revenue to the Town of Avon. Growing a
diversity of Special Events in Avon, with a view to increasing lodging and retail sales, should be a priority
and best assures funding for the needs and partnerships of outside agencies into the future and, therefore,
are prioritized in our recommendations.
Director of Economic Initiatives: The Town Council has approved the hiring of a Director of Economic
Initiatives to work directly with Avon businesses, to identify and develop Avon Special Events and to
provide representation at regional and State meetings. Total estimated cost for the new position,
including salary, benefits and operational costs is $96,456. The position is expected to be filled for a
January start.
Funding the MuniRev Tour Tracker ($14,000) is important in being able to definitively measure sales
and accommodation taxes on select dates for the Special Events supported financially by the Town.
Exhibit 1 indicates which Special Events will be tracked in 2014. Money for MuniRevs/Tour Tracker is
included in the 2014 draft General Fund budget.
Developing the Town of Avon “brand” to provide a cohesive and well-articulated umbrella for
promoting events, working with Avon businesses and land developers and for marketing Avon is
expected to be completed in early 2014 ($35,000). Monies for the branding consultant are included in
the 2014 draft General Fund budget.
2015 Alpine World Championships: The 2015 World Alpine Championships will require funding for
“Après Avon” production costs, including music, tents and daily entertainment activities. Funding will
also be needed for additional transit services, staff overtime and police services. A total budget of
$200,000 is recommended from the 2013 ending Net Funds to pay for these important costs. A
restricted line item will be established in the General Fund Balances for these monies. ($532,770 is the
projected 2013 Net Funds.)
Funds for Seeding Avon Special Events: In addition to the funding for Avon Special Events shown in
Exhibit 1, significant investment in “seeding” additional special events in Avon is recommended. From
the 2013 ending Net Funds, $225,000 is a recommended Fund Balance restricted reserve to provide
monies for an additional music festival, food tasting fair, markets, corporate event and Lake Street
event, such as a Rockies Mountain Ride (motorcycle event). Staff has received three new
distinguished proposals for producing various events through spring, summer and fall of 2014, which
are now under review and will be presented to Council prior to final action in the next 90 days.
Outside Funding Requests & Rating Process
On August 20th, 2013, the application materials for funding requests , found in Exhibit 3, were advertised for a thirty
(30) day period. The advertisement was posted on the Town’s website accompanied by a press release. Past
recipients were also notified of the application process. Over the course of soliciting requests, the Town received
seventeen (17) requests. Since then, two letters of funding request have been received, one for support of a
mobile communications vehicle ($5,000) from Vail Dispatch, which is under review, and a second funding request
Page 3
from the Eagle River Watershed Council for water quality projects. The Watershed Council requests are included
the Water Fund and not provided herein.
Once all of the submittals were accepted, a group of planning, administration, and parks and recreation staff (“ad
hoc committee”) met to review the applications. The review focused on the Review Criteria and rating sheet
included in the application materials.
• Points were weighted to organizations that provided the most public benefit to Avon residents and
visitors, as well as programs that fell in line with the 2013-14 Strategic Plan goals and policies.
• The points were only one of the key indicators to determine the funding recommendation.
• Past funding levels, available funds, potential for on-going requests, filling a funding or service gap and
general priorities for all applications were also considered in the funding level recommendation.
The 2013-14 Strategic Plan identifies the appointment of a Cultural, Arts and Special Events Commission. It would
be anticipated that this Commission, comprised of business and community members, would provide the
solicitation of outside funding requests, evaluation and recommendation to Council in the future.
Page 1 of 6
Page 1 of 6
Exhibit 1
2013-14 Community/Special Event Funding: Requests and Recommendations
Entity
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Notes/Conditions
NR = Not Rated
na = not applicable
ECONOMIC DEVELOPMENT: REGIONAL PROGRAMS
Vail Valley
Partnership na DestiMetrics (formerly
Mtrips) $ 13,895 $ - $ 13,895 na na
Recommend one more year of transitional funding for Mtrips in
support of Avon lodges; implement new TOA software: MuniRevs &
Tour Track Launch in 2014 ($38,500).
Vail Valley
Partnership 1 Sports & Events
Coalition/ Econ Plan $ 15,000 $ 20,000 $ 15,000 35 na
Recommended Funding Conditions: Production of Regional Calander
of Events, regular report (quarterly) to the Town of Avon on regional
work and meetings. Develop with Avon Director of Economic
Initiatives a business profile for business recruitment.
Vail Valley
Foundation 2 FIS Women's Birds
of Prey $ 35,000 na na na na One-time 2013 event
Vail Valley
Foundation 2 FIS Men's Birds of Prey $ 40,000 $ 50,000 $ 40,000 58 Y
In-kind bus service valued at $7,817 (with up to $5,280 additional if
chain-up is required). No added programming identified in 2014 over
2013. Recommended Funding Conditions: Placement of Town of
Avon Logo
*Vail Valley
Foundation 3 2015 World Ski
Championships $ 50,000 $ 50,000 $ 50,000 NR Y
5-year commitment; 2011 through 2015 for $250,000 total; verify in-
kind commitment; Recommended Funding Conditions: Develop
Après Avon program with VVF, including Avon cost-sharing as
appropriate (in process)
EGE Air Alliance 4 Regional Air Service $ 6,000 $ 30,000 $ 12,000 23 na Double financial support. Recommended Funding Condition:
Analysis of deplanements costs and benefits to the Town of Avon.
$ 159,895 $ 150,000 $ 130,895
ECONOMIC DEVELOPMENT: REGIONAL PROGRAMS
SUB-TOTAL: ECONOMIC DEVELOPMENT -
REGIONAL PROGRAMS
Use of Funds: Subsidized by TOA - data provides past loding accommodations data and projections for the next six (6) months.
Use of Funds: Regional Economic Development Plan Implementation. Business recruitment and retention, and special event promotion.
Use of Funds: General operations and marketing of the event
Use of Funds: General operations and marketing of the event
Use of Funds: General operations and marketing of the event
Use of Funds: Subsidize Houston-Eagle/Vail Airport direct flight in summer 2014. Explore new route(s).
Page 2 of 6
Page 2 of 6
Exhibit 1
2013-14 Community/Special Event Funding: Requests and Recommendations
Entity
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Notes/Conditions
NR = Not Rated
na = not applicable
Eagle Valley Alliance
(EVAS) 5 Sustainable Community
Film Series $ - $ 1,500 $ 2,500 45 na
Recommended Funding Conditions: 1) Work with entity to host one
film in an Avon "film venue", such as the Library, with additional
funding ($1,000). 2) Potential for longer term Film Festival. 3) Add
possibility of "Movie in the Park".
Bravo! Vail 6
Music on the Move,
Little Listeners, Petting
Zoo, Free Concert in
Park
$ - $ 12,500 $ 12,500 48 Y
Recommended Funding Conditions: Two single evening concerts
between July 10th and September 10th titled in a manner to grow a
summer series ($5,000 value each); and funding at each concert for
an introductory Instrument Petting Zoo
Wondergrass, LLC na Winter Wondergrass $ 25,000 $ 60,000 $ 25,000 NR Y
3-year "seeding" of Festival:
Year 1 $50,000 cash paid in 50% in 2013 and 50% in 2014; $25,000 in
kind services;
Years 2 & 3: To be negotiated and funded from recommended Special
Event Funding Reserve (See Cover Memo)
Radiate Live na Reds, White, & Brews $ 10,000 $ 25,500 $ 15,000 NR Y Recommend $15,000 cash and $7,500 in-kind. Recommended
Funding Condition: Monies used for Tier 1 or 2 performer.
IceCastles.com 16 Ice Castles $ - $ 75,000 $ - 38
$ 35,000 $ 174,500 $ 55,000
Use of Funds: General operations and marketing of the event including Avon name recognition
Research required - Contigent on use of non-potable water, pilot program in 2014
with $5,000 allocation; potential 2015 World Championships
Use of Funds: Construct interactive drip ice feature
SUB-TOTAL: ECONOMIC DEVELOPMENT:
SPECIAL EVENTS IN AVON - MUSIC & FILM
ECONOMIC DEVELOPMENT: OUTSIDE PRODUCERS: SPECIAL EVENTS IN AVON - MUSIC & FILM & ICE
Use of Funds: Management, film procurement, screening costs, marketing & materials.
Use of Funds: General operations and marketing of the event including Avon name recognition
Use of Funds: Programming, artist fees & marketing including Avon logo/name recognition on event signage.
Page 3 of 6
Page 3 of 6
Exhibit 1
2013-14 Community/Special Event Funding: Requests and Recommendations
Entity
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Notes/Conditions
NR = Not Rated
na = not applicable
Vail Valley
Charitable Fund 7 Bec Tri Triatholon $ 2,500 $ 2,500 $ 2,500 37 Y Recommended Funding Condition: Identified Avon Logo placement
Team Evergreen na Triple Bypass Bike Ride $ 3,220 $ 2,500 $ 2,500 NR Y 2013 support of $2500 cash and $720 in OT charges; spent $2226 in OT;
Recommended Funding Condition: Identified Avon Logo placement
Beaver Creek na XTERRA $ 2,500 $ 2,500 $ 2,500 NR Y Verbal request; Recommended Funding Condition: Identified Avon
Logo placement
Beaver Creek na Rodeo $ 2,500 $ 2,500 $ 2,500 NR N Verbal request; Recommended Funding Condition: Identified Avon
Logo placement
Tough Mudder LLC na Tough Mudder $ 2,500 $ - $ - NR N Budget allocated in 2013; did not receive invoice - funds not released
USPCC na US. Pro Cycling Bicycle
Challenge $ 10,000 $ - $ - NR N Budget allocated in 2013; did not receive request for financial support
23,220$ 10,000$ 10,000$
Use of Funds: Beaver Creek based
Use of Funds: Internationally recognized event
Use of Funds: General event operations for local community
Use of Funds: General event operations - generates overnight accommodation stays
SUB-TOTAL: ECONOMIC DEVELOPMENT:
SPECIAL EVENTS IN AVON - SPORTS
ECONOMIC DEVELOPMENT: OUTSIDE PRODUCERS: SPECIAL EVENTS IN AVON - SPORTS
Use of Funds: General event operations - race starting point
Use of Funds: Six evenings in high summer
Page 4 of 6
Page 4 of 6
Exhibit 1
2013-14 Community/Special Event Funding: Requests and Recommendations
Entity
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Program/Event
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Notes/Conditions
NR = Not Rated
na = not applicable
Town of Avon na Fire & Ice $ 42,909 $ - $ - na na No plans to continue with event in 2014
Town of Avon na Dunk-n-Dash $ 8,850 $ 10,000 $ 10,000 NR N 2013 event series cancelled due to lake liner project; increase cost for
timing equipment in 2014
Town of Avon Icing in the Park $ 4,970 $ 6,000 $ 6,000 NR N 2014 increase scope of activities and food
Town of Avon na Salute to the USA $ 132,200 $ 116,000 $ 116,000 NR Y 2013 actual spend $116,000;Continue all hands-on deck staffing;
includes $23,000, which will be reviewed in early 2014
Town of Avon na Mini Madness $ 9,800 $ - $ - na na Event was not budgeted; spent $9,789 with savings from Salute O/T;
if scheduled provide in-kind support
$ 198,729 $ 132,000 $ 132,000
416,844$ 466,500$ 327,895$
Eagle Valley Land
Trust (EVLT)na Land Preservation
Efforts $ - $ 5,000 $ - 36
Walking Mountains 8 Science School
Programs $ - $ 20,000 $ 5,000 24 na Requesting $20,000 from Vail & Eagle County, $7,500 Eagle, and
$5,000 Gypsum. If providing film series, coordinate with EVAS.
$ - $ 25,000 $ 5,000
2014 Town of Avon Open Space Program Funding: Parking spaces on
Nottingham Road for connector trail, Annexation of Village East Preserve parcel,
including survey costs; staff time for Saddleridge Trail Building. trai signage -
Estimated expenditure total: $15,000.
REGIONAL ENVIRONMENTAL PROGRAMS
SUB-TOTAL:
ALL ECONOMIC DEVELOPMENT
Use of Funds: Not Applicable.
Use of Funds: Organize, market and implement event geared towards residents/local athletes
Use of Funds: Not Applicable
Use of Funds: Organize, market and implement event geared towards residents and winter visitors
Use of Funds: Organize, market and implement event geared towards residents and summer/holiday guest
Use of Funds: Support "Village East" annexation and preservation, & other 'mid-valley' conservation projects and programs.
SUB-TOTAL: ECONOMIC DEVELOPMENT:
TOWN OF AVON SPECIAL EVENTS
SUB-TOTAL:
REGIONAL ENVIRONMENTAL PROGRAMS
ECONOMIC DEVELOPMENT: TOWN OF AVON PRODUCED SPECIAL EVENTS
Use of Funds: Operating expenses for K-12 field studies, interpretive programs, hikes, speaker & film series.
Page 5 of 6
Page 5 of 6
Exhibit 1
2013-14 Community/Special Event Funding: Requests and Recommendations
Entity
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Program/Event
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Notes/Conditions
NR = Not Rated
na = not applicable
SpeakUp ReachOut 9 Suicide Prevention
Coalition $ - $ 5,000 $ - 19 na Town provides significant in-kind staff support through the Police
Department
Eagle River Youth
Coalition 10 Parent Education and
Outreach $ - $ 2,000 $ - 24 na No other municipal contributions solicited; no indication of how
many parents will be reached with budget contribution.
Youth Foundation 11 PwrHrs' afterschool &
Summer Program $ - $ 10,000 $ - 34 na Strong private funding sources
Red Ribbon 12 HIV/AIDS awareness $ - $ 750 $ 750 27 na Recommended Funding Condition: Monies to be used for additonal
classes at Avon Elementary School
Early Childhood
Partners 13 Coaching & Consulation $ - $ 11,850 $ 1,000 15 na Participation in $10,800 "Local Municipalities" budget line item.
Eagle County 14 Down Payment
Assistance $ 1,700 $ 15,000 $ - 29 na
Work at staff level to collaborate on employee housing program;
prioritize emergency personnel in Avon; use TOA Affordable Housing
Fund, as appropriate.
$ 1,700 $ 44,600 $ 1,750
$ 418,544 $ 536,100 $ 334,645
HEALTH & HUMAN SERVICES
Use of Funds: Incredible Years Parenting Class in Avon
Use of Funds: Administrative costs for regional (ECO) housing down-payment assistance program.
Use of Funds: Train Avon residents/businesses suicide awareness in youth, Question, Persuade, Refer ("QPR") marketing and materials
Use of Funds: Increased marketing efforts to support parent education & outreach initiatives
Use of Funds: To support programming held at Avon Elementary with Avon name recognition.
TOTAL 2014 FUNDING REQUESTS &
RECOMMENDATION
SUB-TOTAL: HEALTH & HUMAN SERVICES
Use of Funds: Staff Instructor compensation (hourly rate & mileage)
Page 6 of 6
Page 6 of 6
Exhibit 1
2013-14 Community/Special Event Funding: Requests and Recommendations
Entity
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Program/Event
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Notes/Conditions
NR = Not Rated
na = not applicable
Augustana Care 15 Castle Peak Senior Care
Facility $ - $ 200,000 UNKNOWN - see comments below
- 64-unit skilled mursing and assisted living facility in Eagle Ranch
- Avon's 65 and older population is 7% of the same segment of Eagle County's population (2010 Census). Funding Gap request is 4.5% of need.
- Financial structure of Castle Peak was designed to allow it to be self-sustaining when the facility reaches 90% occupancy. The proposal does not indicate expected date for occupany at 90%.
- Total Cost of Construction: $21,800,000
- USDA Rural Development Loan $12,000,000
- Eagle County Loan 4,400,000 [Also providing land valued at $1,600,000]
- Augustana Care Loan 1,000,000
-Funding Gap 4,400,000
- Contribution can be made over a period of years.
- Possible source of funding is Avon's Affordable Housing Fund.
Staff met with Augustana representatives and have since learned that the $12,000,000 USDA Loan has been approved. A funding gap of $4,400,000 remains. Staff does not have policy
direction from Council to support a recommendation. If Council wishes to consider funding, an agenda item at a future meeting date may be needed.
Use of Funds: Capital Construction of new 64-unit skilled nursing/assisted living facility in Eagle Ranch.
AUGUSTANA CARE (501C3) - CASTLE PEAK SENIOR CARE COMMUNITY
Exhibit 2: Funding Request Ratings
Community Benefit
(Quality of Life)
2013-2014
Strategic Plan
Feasibility
& Risk
Busines
Vitality
Special
Events Only Max Points
(0-10) pts (0-20) pts (0-10) pts (0-10) pts (0-10) pts (50-60)
Vail Valley Partnership 20,000$ 5 15 8 7 35
Vail Valley Foundation 50,000$ 10 18 10 10 10 58
EGE Air Alliance 30,000$ 5 8 5 5 23
Vail Valley Charitable Fund 2,500$ 9 12 7 3 6 37
Eagle Valley Alliance for Sustainability 1,500$ 8 16 8 6 7 45
Bravo 12,500$ 10 18 5 7 8 48
Ice Palace 75,000$ 8 16 2 7 5 38
Speakup Reachout 5,000$ 5 10 2 2 19
Eagle River Youth Coalition 2,000$ 6 10 6 2 24
Youth Foundation 10,000$ 10 12 10 2 34
Red Ribbon Project 750$ 7 10 10 0 27
Early Childhood 11,850$ 5 0 8 2 15
Eagle Valley Land Trust 5,000$ 8 14 10 4 36
Eagle River Watershed Council 18,000$ 10 6 8 8 32
Eagle County Down Payments 15,000$ 5 12 10 2 29
Augustana 200,000$ 4 0 5 2 11
Walking Mountains 20,000$ 4 10 5 5 24
Busines Vitality criteria: (a) Benefit to businesses; (b) Reinforce econonmic sustainability
Special Event criteria: (a) Contribute to long term sustainability; (b) Growth potential; (c) Balance of calendar of events; (d) Producer's ability and image
Amount
Requested
Community Benefit criteria: (a) How many people will benefit; (b) Contribute to sense of community
Strategic Plan criteria: (a)General approach; (b) Experience; (c) Understanding of servicees provided
Feasibility & Risk criteria: (a) Unknown Factors for program/event; (b) Threats to delay/denial
POST OFFICE BOX 975
1 Lake Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
August 20, 2013
RE: 2014 Town of Avon Community Funding Requests
APPLICATION DEADLINE: September 20, 2013, by email only.
Dear Potential Applicant:
The Town of Avon welcomes applications from organizations who are seeking grants for programs,
projects, special events and/or activities which preserve or enrich the social and economic welfare, and
the education and health of the Avon community. This packet includes important information to help
your organization meet the goals of Town funding, the application submission requirements, review
criteria and schedule for application presentations to the Avon Town Council.
AVAILABILITY OF FUNDS: The Town of Avon looks at every opportunity for advancing the
partnerships with organizations in Avon. The demands on Town resources, however, must be
understood. While the economy has stabilized and some increases in taxes year‐over‐year have been
collected, overall revenues remain down from levels of five years ago. Funding, therefore, is not
guaranteed and is in the complete discretion of the Avon Town Council.
Monies to outside agencies are prioritized with all the other requests, services and facility needs of the
Town of Avon and its revenue projections. Funding, if any, will be based upon the organization’s
written application and, if requested, a presentation to Town Council. The Town Council is scheduled
to review all applications at their October 8, 2013 regular meeting. When making your request, please
keep in mind the current economic climate and revenue trends will impact the Town’s decision for
total dollars awarded.
Two attachments are included with this letter:
GRANTS: MEETING ESTABLISHED TOWN GOALS, including Program Overview,
Eligibility Criteria, Review Criteria and Review Process
APPLICATION REQUIREMENTS & SUBMITTAL GUIDELINES
If you have any questions on materials to be submitted, please do not hesitate to contact Matt
Pielsticker, at 748‐4413 or e‐mail, mpielsticker@avon.org.
Sincerely,
Matt Pielsticker
Senior Planner
EXHIBIT 3
Page 2 of 4
2014 Town of Avon Community Funding Requests
APPLICATION DEADLINE: September 20, 2013, by email only.
GRANTS: MEETING ESTABLISHED TOWN GOALS
Program Overview: The Town Council will evaluate the various proposals based upon direct
benefit to the Avon community, including its residents, visitors and businesses. Community
organization may receive grants, if funds are available, which support, preserve, or enrich the social
and economic welfare, and the education and health of the Avon community. The Town Council
adopted the following Overview Statement in its 2013‐14 Strategic Plan:
The Town of Avon, surrounded by natural beauty, is today a strong community that will build on its
strengths to become a nationally and internationally recognized year‐round mountain resort community.
Committed to providing a high level of municipal services for our citizens and visitors, and the stewardship of
our natural resources, Avon will expand its cultural, recreational and educational offerings in partnership
with our broader community and regional public and private sector agencies, thereby ensuring sustained
economic vitality and a vibrant community experience.
In order to build on the Town’s strengths to become nationally and internationally recognized resort
community, the Town is committed to growing a vibrant, diverse economy and community, providing our
citizens and guests with exceptional services and an abundance of recreational, cultural and educational
opportunities.
Applicants are encouraged to review the entire 2013‐14 Strategic Plan and Avon Comprehensive Plan
to ensure programs, activities and special events are in support of these adopted policies and action
plans. Documents are available at: www.avon.org/bids
Eligibility Criteria:
1. Only one application may be submitted per organization.
2. Non‐profit applicants may apply as a 501(c)(3) or under the umbrella of a 501(c)(3) with a
letter of agreement between the applicant and the umbrella 501(c)(3).
3. For‐profit business applications as a general practice are not accepted. Applicants, who are
interested in “seeding” a signature event in Avon, are, however, eligible, when a non‐profit
is included as a beneficiary of some or all of the proceeds of the proposal. At a minimum,
the applicant must include a description of the corporate organizational structure and plan
for determining total “seed” needs and terms.
4. Applications will be accepted from organizations and events that provide educational,
cultural, athletic and entertainment opportunities, which directly benefit the Town of Avon
citizens.
5. Special event and festival applicants must identify a specific calendar date which is
compatible with other events in the Town of Avon, and when applicable, in the Vail Valley.
6. Funding will not be provided for capital improvements.
7. Funds will not be available until after January 1, 2014 and may be dispersed in installments,
if awarded.
EXHIBIT 3
Page 3 of 4
2014 Town of Avon Community Funding Requests
APPLICATION DEADLINE: September 20, 2013, by email only.
Review Criteria:
1. Community and Citizen Benefit (Quality of Life):
Points: 0‐10
How many people benefit this event/program/organization?
Does this event/program/organization have the potential to contribute to Avon’s sense
of community
2. 2013‐14 Strategic Plan & Avon Comprehensive Plan (Established Policies/Priorities):
Points: 0‐20
Is the event/program/organization supported by the priorities adopted by the Town
Council in the Strategic Plan?
Is it associated with one or more of the following priorities: Economic Development;
2015 World Alpine Ski Championships; Special Events?
Does this event/program/organization have the potential to expand Avon’s cultural,
recreational, and/or educational offerings?
3. Feasibility & Implementation Risk:
Points: 0‐10
Are there significant obstacles or unknown factors that may prevent the
event/program/organization from being completed?
What happens if the event/program/organization is delayed or denied?
4. Business Vitality:
Points: 0‐10
Does this event/program/organization have the potential to benefit Avon’s restaurants,
hotels, and retail establishments and does it promote visitors intent to return?
Does this event/program/organization reinforce the Town’s goal of sustained
economic vitality?
5. Special Events Only:
Points: 0‐10
Does this event have the potential to contribute to Avon’s long term sustainable special
events strategy?
What is the growth potential for this event? Does it have the potential to be an annual
event and grow within Avon?
How does this event contribute to a balanced annual calendar of events?
Does the producer of this event have the ability to produce an event compatible with
the image of Avon as a cultural attraction?
Review Process & Schedule:
Week of August 19th 2014 Town of Avon Community Funding Requests
September 20th Deadline for Applications
Week of September 23 Review by Town Special Events Council & Staff Representatives
Week of September 30th Funding Recommendation Distributed to Council & Applicants
October 8th Applicant Presentations to Council
December 15th Notification of Awards
EXHIBIT 3
Page 4 of 4
2014 Town of Avon Community Funding Requests
APPLICATION DEADLINE: September 20, 2013, by email only.
APPLICATION & GUIDELINES FOR COMMUNITY ORGANIZATIONS
REQUEST FOR 2014 FUNDING
THE DEADLINE FOR RECEIPT OF THIS APPLICATION IS FRIDAY, SEPTEMBER 20, 2012 BY 5 PM.
APPLICATION REQUIREMENTS
1. Contact Information: Name of organization & mailing address, contact person, telephone
number, email address
2. Description & Purpose of the Organization. If representing a tax exempt organization,
please provide a copy of the determination letter from the Internal Revenue Service
recognizing your tax‐exempt status under IRS 501(c)(3). If applying under the umbrella
of a 501(c)(3), please provide letter of agreement.
3. Detailed description of the event or program and explanation of funding needs.
4. Amount of funds requested from the Town of Avon. Please include when funds are
needed for payment.
5. Amount of funds requested and/or provided from other agencies, organizations,
companies (i.e. other funding committed).
6. Anticipated line item budget for the organization or event.
7. 2012 final actual profit and loss statement.
8. How the event or organization benefits the Avon community? Please provide details.
9. If applicable, what marketing efforts will be made for this event or program and how will
it benefit the Town.
10. Include a description of any ʺin‐kindʺ contributions and related cost that the Town of
Avon provides to your organization, including but not limited to: land, buildings, and
their facilities and/or services.
11. If a recipient of funds from the Town of Avon in fiscal year 2013, a progress or final
report on the funded activity, program and/or event.
12. NO ADDITIONAL MATERIALS WILL BE ACCEPTED. PLEASE DO NOT SEND
NEWSPAPER CLIPPINGS, LETTERS OF SUPPORT, OR PROMOTIONAL MATERIALS.
APPLICATION SUBMITTAL GUIDELINES
1. Submit, by email, a PDF of the full application to: mpielsticker@avon.org
2. Number each item in the application to correspond to the Application Requirements
stated above.
3. Incomplete or late applications will not be considered.
EXHIBIT 3
Town Council Report
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Virginia Egger, Town Manager
Scott Wright, Finance Director
Justin Hildreth P.E., Town Engineer
Date: October 3, 2013
Re: Budget Work Session - 2014 Capital Improvement Program Fund, Water Fund,
Community Enhancement Fund and Facilities Reserve Fund
COUNCIL DIRECTION
Council is asked at Tuesday’s meeting to provide direction for final preparation of the 2014 budget for the
various Funds described in this memorandum. Please find our recommendation for revenues and
expenditures for each Fund.
SUMMARY The proposed fiscal year 2014 budgets for the Town of Avon Capital Improvement
Program (CIP), including a 5-year program, Water Fund, and Community Enhancement Fund are
attached as Exhibits A, B and C, respectively. These funds are discussed together because of the
Funds overlapping operations, which are all related to the CIP budget process. The Facilities
Reserve Fund (FRF) was originally established with the intent of accumulating funds to maintain
major Town of Avon facilities that have a limited useful life and will need refurbishment or
replacement such as elevators, air handlers, and vehicle lifts. The Town has not budgeted monies
for the FRF since 2009. Projects, which would be funded with FRF monies, also are appropriate
to fund, depending on magnitude of cost and expected useful life, from the CIP Fund or the
General Fund. The balance of the FRF, therefore, is recommended to be consolidated with the
CIP Fund in 2014.
Capital Improvement Program Fund
The CIP is primarily funded with the 2% real estate transfer tax (RETT). Projected revenues have
been updated to include the current real estate market and new development including the
Wyndham timeshare project. The projects recommended in the CIP were selected based on
several criteria including major maintenance of the Town’s existing facilities, preparation for the
2015 World Cup Skiing Championships, and projects identified has high priorities in adopted
planning documents such as the H.A. Nottingham Park Master Plan, Comprehensive Transportation
Plan and the Recreation Trails Master Plan. The 2014 CIP does not include monies generated by
the Recreation Ballot question and will be amended if the Recreation Ballot passes.
The following is a summary of the changes from the 2013 CIP.
• Town Hall
o 2016 – New Town Hall (or major renovation) and/or Parking Facility(s) to be paid for
with Certificates of Participation (COPs) for 20-years in the amount of $450,000 / year.
2014 CIP, Water Fund & CEF
October 03, 2013 Page 2 of 5
With payments on current COPs ending in 2014, rather than allow this significant
“payment” to fall to the Unencumbered Fund Balance, the dedication of the annual
revenue, in this 5-year projection, allows for major project planning, if determined to
be the best course of action for financing improvements to Town Hall and/or for
parking facility development.
• Public Works Facilities
o 2018 - New cinder and de-icer storage facility ($200,000).
o 2018 - New large vehicle covered but not enclosed storage ($100,000).
• Transportation Facilities
o 2014 – Replace the fleet maintenance wash bay lift, formally shown in the Facilities
Reserve Fund ($140,000).
o 2015 – Rebuild two fleet maintenance vehicle lifts, formally shown in the Facilities
Reserve Fund ($120,000).
o 2016 -Replace the Fleet maintenance building EPDM Roof ($80,000).
o 2018 – Transit bus stop improvements delayed one year ($75,000).
• Cultural and Recreation Facilities
o 2014 - Remodel the Recreation Center showers and repair the pool deck ($60,000).
o 2014 – Replace the Recreation Center waterslide ($100,000), moved up one year for
2015 Championships.
• H.A. Nottingham Park Improvements
o 2014 & 2015 – Design and replace the playground equipment in H.A. Nottingham Park
($770,000), moved up two years as an important Town amenity.
o 2014 – Remodel the restrooms in H. A. Nottingham Park ($275,000), paid for with
Community Enhancement Funds and moved up two years due to deteriorated nature
of the facility.
o 2016 - Replace the upper athletic field ($350,000).
o 2017 – Construct Stage in the park ($625,000); could be advanced if Recreation Center
Ballot question passes.
o 2016 – Remodel the irrigation pump system to be more efficient ($50,000).
• Street Improvements
o 2014 - Update the yearly street improvement program to include slurry seals, guard
rail replacement, bike path replacement and move up the overlay of Avon Road for
2015 for the World Skiing Championships ($763,760). Improving major maintenance
of the Town streets is a higher priority in the CIP.
o 2016 - Buck Creek Road Bridge slab replacement ($100,000).
• Streetscape Improvements
o 2014 – Update the Avon Road Monument sign for the 2015 World Championships
($100,000).
o 2016 – Avon Road underpass at I-70 pedestrian improvements ($100,000).
o 2014 – Expansion of the mall improvements scope to extend from the Recreation
Center to Avon Road ($1,600,000 of which $750,000 will be funded by the Urban
Renewal Authority).
2014 CIP, Water Fund & CEF
October 03, 2013 Page 3 of 5
• Multi-Modal/Alternate Mobility Improvements.
o 2014 and 2015 – Construct Eagle Valley Trail from Beaver Creek to Stonebridge Drive
($1,800,000). A joint project with ECO Trails, CDOT and the Town of Avon and is
delayed one year.
o 2015 – Underground power lines along the Eagle Valley Trail corridor paid for by
Community Enhancement Funds ($100,000).
o 2014 – Construct the Eagle Valley Trail over the Eagle River and Beaver Creek
($725,000) and is delayed from 2013.
• Recreation Trails Program.
o 2018 – Buck Creek Trail connector to Swift Gulch Road delayed one-year ($150,000).
o 2014 – West Avon Access Trail Improvements at Nottingham Road ($10,000).
• Waste Heat Recovery System Project
o Removed the expansion of the system to the Avon Transit Station in 2014. Excess
capacity will be used for Recreation Center expansion or Town Hall.
This proposed budget reflects an Unencumbered Fund Balance through the planning period as
summarized in Table 1. It should be noted that it is prudent to maintain a healthy fund balance
because of the uncertainty in the cost estimates and the difficult economic climate. A
contingency line item in the amount of $150,000 is included in 2014 for the first time. The
contingency allows for Council to approve unforeseen expenditures without the full amendment
process to the CIP budget.
Staff continues to recommend a significant Unencumbered Fund Balance of $1,500,000. The
amount recommendation is lower for the next two years to accommodate improvements for the
2015 Championships, however, when including the contingency line item, as discussed above, in
the Fund Balance, the total available monies for unseen expenditures equals or exceeds
$1,500,000 for every year except 2014.
Table 1
Yearly CIP Unencumbered Fund Balance
YEAR FUND BALANCE
2013 $ 3,256,169
2014 $ 1,215,769
2015 $ 1,379,351
2016 $ 1,885,598
2017 $ 1,950,609
2018 $ 1,396,055
2014 CIP, Water Fund & CEF
October 03, 2013 Page 4 of 5
The Facilities Reserve Fund, which is recommended for incorporation into the Capital Projects
Fund, as discussed above, is found as Appendix D. Appendix E provides detailed descriptions for
each capital project. Appendix F provides definitions.
Water Fund
The Water Fund revenues are restricted to water related projects and expenses. The revenues are
generated by a $4,000 per Single Family Equivalent (SFE) water tap fee and a $3.25/SFE/month fee
on the water bill.
• An increase in the monthly fee of $1.35 is recommended in the 2014 budget and will
generate yearly revenue of $60,000 per year. The additional revenue will be restricted to the
maintenance of the roadside ditches in the Town, which have not been adequately
maintained for the past eight (8) years. From existing revenues, a total of $120,000 is
recommended as a contractor “catch-up” project to complete the Wildridge ditch system.
Staff in early 2014 will prepare a code amendment to establish responsibility for ditch
maintenance in the Avon right-of-way to the Town.
• Lake Liner - Recently, the Water Fund paid for the lake liner replacement project and the
Metcalf Road drainage project.
• Mountain Star Water Tank Contribution - The tap fees generated by the Mountain Star
Subdivision are identified to assist in the construction of a water storage tank that is required
for the development. The project will be managed by the Eagle River Water and Sanitation
District and is scheduled for 2015. The estimated tap fee collections to date for the
Mountain Star Subdivision is $600,000, all of which are expected to be required to cover the
tank construction.
• The Eagle River Watershed Council has requested funding as follows:
o $4,000 for general organizational support
o $1,000 for Eagle River Clean-up
o $13,000 for Water Quality Monitoring & Assessment
o $20,000 for Urban Run-off Group Water Quality Projects (not yet defined)
The draft Water Fund budget includes funding of $28,000, with a staff recommendation of
only $10,000 being planned for Urban Run-off Group Water Quality Projects. The
appropriation of $10,000 is due to the lack of any known projects at this time and to also
manage sufficient funds for unforeseen needs in 2014. The recommendation is that the
$10,000 not be paid until a projects plan is developed and all other member funding sources
be identified.
The funding of the Eagle River Watershed Council requests accounts for the 2014 Water
Fund budget not being a balanced budget for the fiscal year. Unencumbered Fund Balances
provide the needed funding.
• Other expenditures in the Water Fund include water attorney fees and irrigation ditch
maintenance. Attorney fees are projected to be higher than in 2013 due to the work
planned with the Water Authority in review of proposed amendments to the Master Water
Agreement. The ditch maintenance reflects significant work to catch-up on deferred
maintenance as discussed above.
2014 CIP, Water Fund & CEF
October 03, 2013 Page 5 of 5
As discussed with Town Council during the Budget Work Session on Revenues and Fund Balances in
September, the Water Fund’s Fund Balances are more detailed with “Restricted For” and Assigned
For” line items. “Restricted For” indicates the monies are, indeed, budgeted for a known and
committed future year’s use. In this case, the Mountain Star Water Tank. The “Assigned For” line
item is to indicate the general intended use of the money, but allows for discretion as defined in the
future by the Town Council. A total Fund Balance is summarized of $746,396.
While not budgeted as done for the CIP 5-year program, the Water Fund also operates as an accrual
fund, which collects monies over a period of years for future projects. The importance of providing a
balanced budget in the Water Fund pertains in practical application only to the staff personnel costs
and certain other re-occurring operational costs such as legal services and audits. Operational costs
in 2014 total $117,000, with the $28,000 for the Watershed Council being included. Fiscal year 2014
revenues of $225,000 adequately provide for these costs, with a “net income” of $8,000.
Community Enhancement Fund
The Community Enhancement Fund (CEF) originates from the Franchise Agreement the Town of
Avon has with Holy Cross Energy to sell electricity to the Town. 1% of the revenue generated by Holy
Cross Energy in the Town of Avon is placed in the Community Enhancement Fund and is restricted to
the following uses:
1. Beautification Projects
2. Energy Conservation Projects
3. Equipment and Technology Upgrades for Schools
4. Scholarship Funds
5. Acquisition of open space and/or park land and development
6. Sponsorship of Special Community Events
7. Undergrounding of Overhead Electric and Other Utility Lines
The CEF generates $75,000/year and there is $533,330 currently in the CEF Fund Balance. Projects in
the CIP proposed to be funded by the CEF include the remodel of the restrooms in H.A. Nottingham
Park ($275,000) in 2014 and undergrounding of the power lines along the Eagle Valley Trail between
Eaglebend Apartments and Stonebridge Drive because the trail will follow the alignment of the
existing power lines ($100,000) in 2015. These two projects will lower the Fund Balance from
$533,330 to $308,330 at the end of 2015. Holy Cross Energy must approve the expenditure of these
funds and staff will request approval of the projects after Town Council approves the budget.
Attachments:
Appendix A – Draft 2014 CIP Budget and 5-year Plan
Appendix B – Draft 2014 Water Fund Budget
Appendix C – Draft 2014 Community Enhancement Fund
Appendix D – Facilities Reserve Fund
Appendix E – Capital Project Descriptions
Appendix F – Definitions
APPENDIX A
CAPITAL PROJECTS FUND 5-YEAR PLAN
Section I, Page C-6
Proposed
Current Revised Proposed
Actual Budget Budget Budget
2012 2013 2013 2014 2015 2016 2017 2018
REVENUES
Real Estate Transfer Tax:1,707,648$ 1,500,000$ 1,500,000$ 1,600,000$ 3,825,312$ 3,318,080$ 3,190,368$ 2,000,000$
Interest Earnings 11,018 15,000 15,000 9,003 5,471 7,586 12,256 14,630
Intergovernmental:
Federal/State:
FTA 90 SGR 1,118,012 6,360,876 6,360,876 - - - - -
FTA 84 BBF 155,342 - - - - - - -
FTA / CDOT - ARRA - 523,000 523,000 - - - - -
FHWA / CDOT Hwy 6 Trail Project - - - - - - - -
CDOT FASTER 414,403 586,597 586,597 - - - - -
GOCO Grant - Eagle Valley Trail Bridge - - - 497,000 - - - -
CDOT - Eagle Valley Trail - Avon Rd. to Eaglebend - - - 655,000 - - - -
Other State Grants - Water Wheel 19,357 - - - - - - -
Local Government:
Eagle County Trails Grant - Eagle Valley Trail Bridge - 50,000 - 50,000 - - - -
Eagle County Trails Grant - Eaglebend. to Stonebridge - - - 100,000 420,000 - - -
Other Revenues:
Fireplace Fees - 1,500 1,500 1,500 1,500 1,500 1,500 1,500
Nonclassified 694 - - - - - - -
Total Operating Revenues 3,426,474 9,036,973 8,986,973 2,912,503 4,252,283 3,327,166 3,204,124 2,016,130
Other Sources:
Transfer in from the AURA - Pedestrian Mall Improvements - - - 750,000 - - - -
Transfer in from Community Enhancement Fund
- 2014 Restroom Improvements;
- 2015 Powerline Undergrounding for Eagle Valley Trail - - - 275,000 100,000 - - -
Transfer in from Facilities Reserve Fund -
Consolidation with Capital Projects Fund - - - 413,251 - - - -
Transfer in from Water Fund - Metcalf Drainage 648,273
Transfer in from Water Fund - Lake Liner - 1,400,000 1,300,000 - - - - -
Total Other Sources 648,273 1,400,000 1,300,000 1,438,251 100,000 - - -
Total Revenues and Sources of Funds 4,074,747$ 10,436,973$ 10,286,973$ 4,350,754$ 4,352,283$ 3,327,166$ 3,204,124$ 2,016,130$
Projected
APPENDIX A
CAPITAL PROJECTS FUND 5-YEAR PLAN
Section I, Page C-7
Proposed
Current Revised Proposed
Actual Budget Budget Budget
2012 2013 2013 2014 2015 2016 2017 2018
Projected
EXPENDITURES
Capital Improvements:
Facilities 3,110,537 9,103,307 9,172,987 300,000 120,000 80,000 - 375,000
Land and Land Improvements 575 1,086,800 1,086,800 345,000 700,000 400,000 650,000 -
Roads and Streets 230,403 531,533 649,640 4,348,760 2,796,679 1,310,950 1,451,143 1,150,000
Utilities 43,521 55,000 - - - - - -
Water Fund Projects 648,274 1,400,000 1,300,000 - - - - -
Communications and Technology - 92,265 92,265 135,000 - - - -
Strategic Planning - 840,000 - - - - - -
Debt Service:
Capital Leases - - - 153,006 94,986 94,986 94,986 94,986
Total Expenditures 4,033,310 13,108,905 12,301,692 5,281,766 3,711,665 1,885,936 2,196,129 1,619,986
Contingency - 2014 Only - - - 150,000 - - - -
Other Uses:
Operating Transfer Out - General Fund
Engineering Department Salary and Operations 217,204 227,571 176,006 221,559 228,206 235,052 242,104 249,367
Operating Transfer Out - General Fund
( 2014 Winter Wondergrass Festival)- - 25,000 25,000 - - - -
Operating Transfer Out - Debt Service Fund
- 2010 Certificates of Participation Notes 248,481 250,081 250,081 247,581 248,831 249,931 250,881 251,331
Operating Transfer Out - Debt Service, Town Hall & Parking
Facility 450,000 450,000 450,000
Operating Transfer Out - Debt Service Fund 1999 Rev Bnds 462,113 464,585 464,585 465,248 - - - -
Total Other Uses 927,798 942,237 915,672 959,388 477,037 934,983 942,985 950,698
Total Expenditures and Uses of Funds 4,961,108 14,051,142 13,217,364 6,391,154 4,188,702 2,820,919 3,139,114 2,570,684
Net Source (Use) of Funds (886,361) (3,614,169) (2,930,391) (2,040,400) 163,581 506,247 65,011 (554,554)
Fund Balance, Beginning of Year 7,072,921 6,186,560 6,186,560 3,256,169 1,215,769 1,379,351 1,885,598 1,950,609
Fund Balance, End of Year 6,186,560$ 2,572,391$ 3,256,169$ 1,215,769$ 1,379,351$ 1,885,598$ 1,950,609$ 1,396,055$
APPENDIX A
TOWN OF AVON
CAPITAL PROJECTS INVENTORY 5-YEAR PLAN
Section I, Page C-8
Proposed
Current Revised Proposed
Actual Budget Budget Budget
2012 2013 2013 2014 2015 2016 2017 2018
CAPITAL IMPROVEMENT PROJECTS
ID Facilities:
General Government Facilities:
F1 IT Server Room HVAC Upgrades - 15,000 15,000 - - - - -
Transit / PW Facilities Improvement Project:
F2 Non-Grant Eligible Design - - - - - - - -
F3 Public Works Improvements, (On-site and Lot 5)400,347 313,865 313,865 - - - - -
F4 Final Design /Engineering Servisces (Grant #84)73,393 - - - - - - -
F5 Final Design /Engineering Servisces (Grant #90)650,817 414,742 414,742 - - - - -
F6 Transit Facility Construction (Grant #90)1,325,508 6,956,380 6,956,380 - - - - -
F7 Transit Facility Construction (FASTER Grant)575,560 795,320 795,320 - - - - -
F8 Transit Facility Construction (ARRA Grant)- 523,000 523,000 - - - - -
Public Works Facilities
F9 Cinder De-icer Storage - - - - - - - 200,000
F10 Large Vehicle Storage - - - - - - - 100,000
Transportation Facilities
F11 Fuel Spill Cleanup 84,912 5,000 5,000 - - - - -
F12 Fleet Maintenance Wash Bay Lift Replacement - - - 140,000 - - - -
F13 Fleet Maintenance Lift Rebuild (2)- - - - 120,000 - - -
F14 Fleet Maintenance EPDM Roof Replacement - - - - - 80,000 - -
F15 Transit Bus Stop Improvements - - - - - - - 75,000
Cultural and Recreational Facilities:
F16 Recreation Center EPDM Replacement - 80,000 149,680 - - - - -
F17 Recreation Center - Showers & Pool Deck - - - 60,000 - - - -
F18 Recreation Center - Water Slide Replacement (FR Fund)- - - 100,000 - - - -
Projected
APPENDIX A
TOWN OF AVON
CAPITAL PROJECTS INVENTORY 5-YEAR PLAN
Section I, Page C-9
Proposed
Current Revised Proposed
Actual Budget Budget Budget
2012 2013 2013 2014 2015 2016 2017 2018
CAPITAL IMPROVEMENT PROJECTS
Projected
Land and Land Improvements:
L1 Forest Service Land Acquisition 575 1,001,800 1,001,800 - - - - -
H.A. Nottingham Park Improvements
L2 Nottingham Park Capital Improvements 2013 Program - 85,000 85,000 - - - - -
L3 Nottingham Park Zone C Improvements - Playground - - - 70,000 700,000 -
L4 Nottingham Park - Remodel Restrooms (CEF)- - - 275,000 - - - -
L5 Upper Athletic Field Replacement - - - - - 350,000 - -
L6 Nottingham Park Stage 650,000
L7 Pumphouse Remodel - - - - - 50,000 - -
Roads and Streets:
Street Improvements:
R1 Annual Paving/Road Improvements 230,369 471,533 471,533 763,760 1,796,679 935,950 626,143 750,000
R2 Stonebridge Deck Repair and Overlay - 50,000 50,000 - - - - -
R3 US Hwy 6 Shoulder Widening Contribution - - - 50,000 - - - -
R4 Buck Creek Road Bridge Approach Slab Repair - - - - - 100,000 - -
Streetscape Improvements
R5 Avon Rd. UPRR Bridge Façade - - 98,107 - - - - -
R6 Avon Road Monument Sign (2015 WC)- - - 100,000 - - - -
R7 Avon Rd./I70 Overpass Pedestrian Improvements - - - - - 100,000 - -
R8 2014 Mall Improvements - - - 1,600,000 - - - -
R9 Metcalf Road - Retaining Wall Stabilization - - - - - 100,000 - -
R10 Avon Rd. Streetscape Update - - - 200,000 - - - -
R11 W. B/C Blvd. Streetscape Improvements (Lake St./Avon Rd.)- - - - - 75,000 750,000 -
R12 E. Beaver Creek Blvd Streetscape - Avon Rd to BC Place - - - - - - 25,000 250,000
Multi-Modal/Alternative Mobility:
R13 US Hwy 6 Trail Project: Avon Rd. - Stonebridge (CDOT)34 - - 900,000 900,000 - - -
R14 US Hwy 6 Trail Project Undergrounding (CEF)- - - - 100,000 - - -
R15 US Hwy 6 Eagle River Ped./Bike Bridge (GOCO)- - - 725,000 - - - -
R16 Beaver Creek Overlook Trail Improvements - 10,000 30,000 - - - - -
APPENDIX A
TOWN OF AVON
CAPITAL PROJECTS INVENTORY 5-YEAR PLAN
Section I, Page C-10
Proposed
Current Revised Proposed
Actual Budget Budget Budget
2012 2013 2013 2014 2015 2016 2017 2018
CAPITAL IMPROVEMENT PROJECTS
Projected
Recreational Trails Program:
R17 Nottingham Trail-Buck Creek Trail connector - - - - - - 50,000 -
R18 Buck Creek Trail Improvements - - - - - - - 150,000
R19 West Avon Access Improvements - - - 10,000 - - - -
Utilities
Waste Heat Recovery System Project:
U1 Heat Recovery System Construction 13,521 - - - - - - -
U2 Heat Recovery Expansion Study 30,000 - - - - - - -
U3 Heat Recovery Expansion Design - 55,000 - - - - - -
Water Fund Projects
W1 Metcalf Road Drainage - Phase 1 638,297 - - - - - - -
W2 Nottingham Lake Liner Replacement 9,977 1,400,000 1,300,000 - - - - -
- - - - - - - -
Communications and Technology
Communications:
C1 UHF Radio System and Repeater - 34,800 34,800 - - - - -
C2 Enterprise-wide Security Camera System Upgrade - 30,515 30,515 - - - - -
e-Gov.:
C3 Digital Ticketing - - - 60,000 - - - -
C4 Paperless Packets - 26,950 26,950 - - - - -
C5 CityVision Budgeting and BPM Software - - - 40,000 - - - -
C6 Timekeeping Software and Peripheral Devices - - - 35,000 - - - -
Strategic Planning
Planning and Consulting:
S1 Economic Development - 750,000 - - - - - -
S2 Feasibility Study - Town Center West Lots B&C - 30,000 - - - - - -
S3 Town Facilities Planning Study - 30,000 - - - - - -
S4 Parking and Transportation Study - 30,000 - - - - - -
Total Capital Improvement Projects 4,033,310$ 13,108,905$ 12,301,692$ 5,128,760$ 3,616,679$ 1,790,950$ 2,101,143$ 1,525,000$
Page 1
Fund Summary
Original or Final
Prev. Amend.Revised Proposed
Actual Budget Budget Budget
2012 2013 2013 2014
REVENUES
Charges for Services:
Water Surcharges 148,233$ 145,000$ 145,000$ 205,000$
Tap Fees 49,485 252,000 265,220 20,000
Tap Fees - Mountain Star 6,945 - 13,677 -
Total Charges for Services 204,663 397,000 423,897 225,000
Other Revenues
Nonclassified Revenues 1,233 - - -
TOTAL REVENUES 205,896$ 397,000$ 423,897$ 225,000$
EXPENDITURES
Water Utilities 116,853 140,621 129,340 253,797
Total Operating Expenditures 116,853 140,621 129,340 253,797
Other Uses
Transfers Out - Capital Projects Fund 648,273 1,250,000 1,300,000 -
TOTAL EXPENDITURES 765,126 1,390,621 1,429,340 253,797
NET SOURCE (USE) OF FUNDS (559,230) (993,621) (1,005,443) (28,797)
FUND BALANCES, Beginning of Year 2,339,866 1,663,063 1,780,636 775,193
FUND BALANCES, End of Year 1,780,636$ 669,442$ 775,193$ 746,396$
FUND BALANCES:
Restricted For:
Water Projects 1,780,636$ 669,442$ 775,193$ 146,396$
Assigned For:
Mountain Star Water Tank Contribution - - - 600,000
TOTAL FUND BALANCES 1,780,636$ 669,442$ 775,193$ 746,396$
APPENDIX B
Water Fund #24
APPENDIX B
WATER FUND - Line Item Detail
Page 2
Function: Utilities
Department: Public Works
Program: Water Utilities #424
Original or Final
Prev. Amend.Revised Proposed
Account Actual Actual Actual Budget Budget Budget
Number Account Description 2010 2011 2012 2013 2013 2014
Personnel:
61101 Regular Full-time Salaries 21,817$ 27,336$ 35,148$ 39,325$ 30,534$ 31,667$
61106 Paid Out Leave - - 1,750 378 292 304
61111 FT Bonuses - - 1,250 - - -
61121 PTS Wages 842 - - - - -
61122 PTS Bonuses 58 - - - - -
61151 Overtime 68 62 40 - - -
61201 Automobile Allowance 612 612 930 552 900 900
61301 FT Pension 1,384 2,264 4,130 4,367 3,368 3,517
61302 PTS Pension 49 - - - - -
61304 Employee Assistance Program 6 8 10 11 8 8
61401 FICA/Medicare 335 390 572 584 457 477
61501 Group Health and Life Insurance 1,810 3,267 3,604 6,368 4,952 4,957
61505 Long-term Disability Insurance 126 160 179 226 171 176
61506 Short-term Disability Insurance 92 123 149 - - -
61507 Dental Insurance 165 290 333 567 441 441
61509 Worker's Compensation 181 332 509 472 472 501
61510 Unemployment Insurance 48 80 116 121 95 99
61000 Total Personnel 27,593 34,924 48,720 52,971 41,690 43,047
Contract Services:
63101 Legal Service 38,857 13,607 23,388 25,000 25,000 45,000
63102 Audit and Accounting Services 1,500 1,500 1,500 1,500 1,500 1,500
63104 Engineering Services 2,888 2,058 2,926 3,000 3,000 1,000
63999 Other Contract Services 4,704 65,152 13,419 33,000 33,000 135,000
63000 Total Contract Services 47,949 82,317 41,233 62,500 62,500 182,500
Other Operating Costs:
64902 Financial Donations & Contributions 6,000 6,200 26,650 24,900 24,900 28,000
64905 Insurance Premiums 186 164 250 250 250 250
64000 Total Other Operating Costs 6,186 6,364 26,900 25,150 25,150 28,250
60000 Total Water Utilities 81,728$ 123,605$ 116,853$ 140,621$ 129,340$ 253,797$
APPENDIX B
WATER FUND
2014 DETAILED BUDGET REQUESTS
Page 3
Department:Public Works
Program:Water Utilities
Account 2014
Number Account Name Justification Budget
Water Engineers and Water Attorney
63101 Legal Services Services for Water Rights Filing 45,000$ 45,000
63102 Audit and Accounting Services 2013 Audit 1,500 1,500
63104 Engineering Services Miscellaneous Engineering Services 1,000 1,000
Ditch Maintenance 120,000
63999 Other Contract Services Restoration of south face of dam 15,000 135,000
63000 Total Contract Services 182,500$
Discretionary Funding:
Watershed Council - General Operations 4,000$
Urban Runoff Group Projects 10,000
Financial Support, Donations ERWSD & USGS: Water Quality Monitoring 13,000
64902 and Contributions Eagle River Cleanup 1,000 28,000
64905 Insurance Premiums Commercial and Umbrella Coverage 250 250
64000 Total Other Operating Costs 28,250$
Page 1
Fund Summary
Original or Final
Prev. Amend.Revised Proposed
Actual Budget Budget Budget
2012 2013 2013 2014
REVENUES
Other Revenue:
Community Enhancement Fees 72,862$ 75,000$ 75,000$ 75,000$
Total Operating Revenues 72,862 75,000 75,000 75,000
Other Sources
Transfers In - General Fund - - - -
TOTAL REVENUES 72,862 75,000 75,000 75,000
EXPENDITURES
Public Works:
Community Enhancement - - - -
Total Operating Expenditures - - - -
Other Uses
Transfers Out - Capital Projects Fund - 350,000 - 275,000
TOTAL EXPENDITURES - 350,000 - 275,000
NET SOURCE (USE) OF FUNDS 72,862 (275,000) 75,000 (200,000)
FUND BALANCES, Beginning of Year 385,468 460,468 458,330 533,330
FUND BALANCES, End of Year 458,330$ 185,468$ 533,330$ 333,330$
FUND BALANCES:
Restricted For:
Community Enhancement Projects 458,330$ 185,468$ 533,330$ 233,330$
Assigned For:
US Hwy 6 Trail Project Undergrounding - - - 100,000
TOTAL FUND BALANCES 458,330$ 185,468$ 533,330$ 333,330$
APPENDIX C
Community Enhancement Fund #23
Section II, Page 8
Revenue Detail
Original or Final
Prev. Amend.Revised Proposed
Account Actual Budget Budget Budget
Number Description 2012 2013 2013 2014
Other Revenues:
58106 Community Enhancement Fees 72,862$ 75,000$ 75,000$ 75,000$
58000 Total Other Revenues 72,862 75,000 75,000 75,000
Other Sources:
59201 Transfers In - General Fund - - - -
59000 Total Other Sources - - - -
50000 TOTAL REVENUES 72,862$ 75,000$ 75,000$ 75,000$
APPENDIX C
Community Enhancement Fund #23
APPENDIX D
Appendix E
CAPITAL PROJECT DESCRIPTIONS
IN ORDER OF SPREADSHEET ROWS
F1 - Town Hall Server Room HVAC Project
Description: The current server room is prone to overheating when the power goes out or the air
condition units fail which will damage the servers. The project includes fail-over protection
with another air conditioning unit on a different circuit, UPS protection for electrical spikes
and surges, UPS fail notification system for IT staff and shut down of servers, new
environmental monitors, and improved venting and circulation of the rack systems.
Budget: 2013 $15,000
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F2, F3 - Relocating Public Works Operations
Description: Public Works operations and modular building will be relocated at the existing site located
at 500 Swift Gulch Road to make way for new bus storage building. The proposed
improvements consist of relocating the existing modular office facility and accessory
structures 500 feet north on the site. Also, the project includes installing improvements
such as fencing and landscaping at 375 Yoder Avenue so that some Public Works
operations can be located there. The office furniture for the bus storage facility and
mezzanine that is not grant eligible is included with this project.
Status: The project started in June 2012 and will be completed in 2013.
Budget: 2012 $400,347
2013 $313,865
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F4, F5, F6, F7, F8 - I-70 Regional Transportation Operations Facility (I70-RTOF) Project
Description: The I-70 RTOF project consists of improvements to site infrastructure, construction of a 24-
stall bus storage and maintenance facility and relocation of the public works modular
building. The project is funded with $2,100,000 of Town Funds, $7,500,000 Federal Transit
Administration Grant, $1,000,000 Colorado Department of Transportation FASTER Grant
and $523,000 American Resource and Recovery Act Grant.
Status: The project construction started in June 2012 and will be completed in Fall of 2013.
Budget: 2011 $413,314
2012 $2,625,277
2013 $8,686,442
--------------------------------------------------------------------------------
F-9 – Cinder and De-icer Storage
Description: The uncovered cinder pile leaches deicer into the soil and drainage ways when it rains or
snows on the pile. Also the cinders regularly freeze into large clumps making it difficult to
load into the snowplows. The structure will prevent snow from landing on the pile and
causing these issues thus improving snowplowing efficiency and mitigating environmental
impacts. A dome-style structure would be constructed where the existing pile is located
and will be partially obstructed from public view.
2018 $200,000
--------------------------------------------------------------------------------
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix E
F10 – Large vehicle storage for the Road and Bridge Department
Description: When snow accumulates in the V-Box located on the back of the snow plow, it will freeze
the auger that discharges the cinders onto the road. It takes up to 4-hours to defrost the
cinders and auger in a garage. This lowers the reliability and efficiency of the snowplowing
operations. A covered, non-heated structure will prevent snow from landing in the V-Box.
2018 $100,000
--------------------------------------------------------------------------------
F11 - Fuel Spill Clean-up
Description: The clean-up of a fuel spill that was discovered during excavation for the I-70 ROTF around
the oil water separators.
Budget: 2012 $85,912
2013 $5,000
--------------------------------------------------------------------------------------
F12 - Fleet Wash Bay Lift
Description: The fleet wash bay lift is no longer operational and needs to be replaced. The lift is used by
fleet mechanics to clean vehicle undercarriages before repairing the vehicle. Currently, the
mechanics are either not cleaning the undercarriages or doing it by hand.
Budget: 2015 $140,000
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F13 - Rebuild Fleet Lifts
Description: The existing fleet lifts are a core component of the fleet operations and almost 20-years
old. These lifts are recommended to be rebuilt to ensure the safety of the mechanics and
the reliability of fleet operations.
Budget: 2015 $120,000
-----------------------------------------------------------------------------------------
F14 - Fleet EPDM Roof Replacement
Description: EPDM roofs have an expected life span of 20-years and the existing room will reach its
expected life in 2016. This project will replace the EPDM roof with a similar material.
Budget: 2016 $80,000
------------------------------------------------------------------------------------
F15 - Transit Stop Improvements
Description: Most of the existing transit stops have minimal signage, seating and no shelters. This
project would improve the signage and add seating or shelters to improve the bus riding
experience.
Budget: 2014 $75,000
2018 $75,000
-------------------------------------------------------------------
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix E
F16 - Recreation Center EPDM Flat Roof Replacement
Description: The existing flat EPDM roofs are approaching the end of their 20-year life span. The roofs
frequently leak during rain events and snowmelt events, particularly in the aerobic room.
This project will replace the existing EPDM on the three flat roofs on the recreation center.
Budget: 2013 $80,000
----------------------------------------------------------------------------------
F17 - Recreation Center Showers and Pool Floor Remodel (2015 WC)
Description: The existing showers in the recreation center are nearly 20-years old and are due for an
upgrade. The showers will be re-tilled, new plumping fixtures installed, and shower stalls
replaced. The concrete slabs around the pool deck have settled causing a trip hazard and
need to be repaired. The project is recommended to occur in 2014 in order spruce up the
recreation center for the 2015 World Ski Championships.
Budget: 2014 $60,000
-----------------------------------------------------------------
F18 - Recreation Center Waterslide Replacement
Description: The Waterslide is scheduled for replacement in time for the 2015 Alpine World
Championships. This is two years ahead of its useful life, however, the slide is deteriorated
and sits as an important visual amenity in the Recreation Center.
Budget: 2014 $100,000
-----------------------------------------------------------------
L1 - Forest Service Land Acquisition
Description: Participation with the US Forest Service, Eagle County, the Colorado State Land Board, and
the Eagle Valley Land Trust, in a series of land exchanges that will permanently protect
2,140 acres of public lands.
Status: The land acquisition closed on May 9th, 2013.
Budget: 2013 $1,001,800
----------------------------------------------------------------------------------
L2 - 2013 Nottingham Park Improvements
Description: The scope of these improvements in the park includes upgrading the playground
equipment to meet current standards, resurfacing the tennis courts and replacing some
park benches.
Status: The improvements will be installed in the summer of 2013.
Budget: 2013: $85,000
----------------------------------------------------------------------------------------
L3 - Nottingham Park –New Playground
Description: This project will replace the existing playground equipment with a new facility in its current
location. The Park Master Plan recommended moving the playground to the current
location of the restrooms. The location is recommended to be changed due to funding
constraints. The new playground will be designed in 2014 for construction in 2016. Staff
will seek out grant opportunities in 2015 to assist with funding the playground.
Budget: 2014 $70,000
2015 $700,000
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix E
----------------------------------------------------------------------------
L4 - Nottingham Park – Remodel Restrooms
Description: The existing restrooms are due for a remodel because of their location in the park and the
on-going vandalism that occurs in the facility. The remodel will incorporate vandalism
resistant fixtures and security features. The restrooms will be designed in 2016 for 2017
construction.
Budget: 2014 $275,000
-------------------------------------------------------------------------------------
L5 - Nottingham Park – Athletic Field Replacement
Description: The replacement of the irrigation system and athletic field turf are much needed and
overdue. There are gaps in the irrigation coverage that lead to dormant turf or thin turf
areas that can cause the field to play less consistently during a sports event and looks
poorly. This leads to having to overwater some areas of the field in order to get sufficient
water to the areas that need it. The French drain in the field is also not functioning
properly which causes standing water to form under normal rainfall or irrigation events.
The replacement of the 15-year old turf is also overdue. Most sand based athletic fields
have a life span of 10-15 years under normal wear and tear and with yearly maintenance
(aeration, fertilizing, top-dressing and over-seeding). Due to wear and tear from events
such as Lacrosse, Soccer, Pond Hockey, Snowball, etc., the turf has been replaced in
sections causing thin spots which have an impact on athletic play as well as overall
aesthetics. Also, athletic field technology has advanced in the last 15 years to the point
that sand based fields are no longer recommended. The new standard is for a sand/soil
hybrid which better stands up to use.
Budget: 2016 $350,000
-----------------------------------------------------------------------
L6 – Nottingham Park – Stage
Description: Construct a permanent stage in H.A. Nottingham Park near the upper athletic field to
house numerous type of events including music, and stage. The performing arts pavilion
will require a minimum stage size of approximately 25 feet by 35 feet, a roof, back of house
space and electrical service. The stage can be constructed so that it will not encroach into
the existing field by constructing the back of house operations to the side of the stage.
The performing arts pavilion will be large enough to support the bands playing the Salute
to the USA event, although additional equipment may have to be rented to accommodate
such a large event.
Budget: $650,000
-----------------------------------------------------------------------
L7 - Nottingham Park – Pump House Remodel
Description: The Nottingham Park Irrigation Pump-house needs several improvements that will help
improve efficiency and extend pump life. Currently, the pumps are not the same size.
Upsizing the smaller pump to match the primary pump will allow the pumps to alternate
on a weekly basis, which will extend the life of both pumps by more evenly matching
working hours. The addition of new pump monitors (ie., low flow alarms, high flow or
break alarms, and a flow meter) will help to conserve water by allowing the irrigation
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix E
system to monitor watering use and adjust flow based on local weather data and type of
landscaping. A VFD drive will lessen the impacts of the startup process by slowly bring the
systems flow and pressure online based on demand, thus reducing breaks and damage to
the system.
Budget: 2016 $50,000
------------------------------------------------------------------------------
R1 - Annual Paving/Road Improvements
Description: The Town’s annual street resurfacing and pavement maintenance program generally
consists of asphalt overlays, slurry seals and related surface treatments such as curb and
gutter, storm drainage repair, ADA Ramp updates and guardrail replacement or
adjustment. New to this program is the addition of slurry seals to residential roads and
rural roads in the Town. The slurry seals will extend the life of the asphalt by 4 to 5 years
and is used in neighboring communities, including Vail and Eagle. The cost-benefit is
significant because slurry seals cost 10% of what a road overlay costs resulting in a 2.5
return on investment. The slurry seal extends the life by preventing moisture from
entering the road structure and reducing deterioration of the asphalt by ultra-violet
radiation. The goal of the program is to start a 5-year slurry seal rotation and 20-year
rebuild rotation for the roads. The paving locations are determined annually based on the
Asphalt Paving Association rating system.
Budget: 2014 $763,760
2015 $1,796,679
2016 $935,950
2017 $626,143
2018 $750,000
-----------------------------------------------------------------------------------
R2 - Stonebridge Road Bridge Deck
Description: Repair the existing concrete deck on the Stonebridge Road bridge and then add a 2” thick
asphalt overlay.
Budget: 2013 $50,000
------------------------------------------------------------------------------------
R3 - U.S. Hwy. 6 Shoulder Widening
Description: Contribution to CDOT to widen the shoulders along Hwy. 6 near Avon. This a partnership
with CDOT, Eagle County, Edwards Community Authority, and Edwards Metro District to
widen the shoulders to at least 4 feet to improve bicyclist safety.
Budget: 2014 $50,000
---------------------------------------------------------------------------------
R4 - Buck Creek Road bridge approach slabs
Description: Replace the existing approach slabs of the lower bridge with a different slab to prevent
the excessive heaving. The slab heaving creates a drivability issue and makes
snowplowing difficult.
Budget: 2016 $100,000
-----------------------------------------------------------------------------------
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix E
R5 - Avon Road/Railroad Bridge Façade Update
Description: The railroad bridge over Avon Road has a façade that is owned by the Town of Avon. The
design and color scheme has not changed since the bridge was constructed in 1994. The
project will update the color scheme, repair damage and add design features that will
update the aesthetic look. This project is a priority for the 2015 World Cup Ski
Championships.
Budget: 2014 $98,107
_______________________________
R6 - Avon Road Monument Sign
Description: Construct a Welcome to Avon Monument Sign along Avon Road to improve the place
making experience for the 2015 World Ski Championships. There are several potential
locations including north side of roundabout one or northwest corner of roundabout 3.
Budget: 2014 $100,000
-------------------------------------------------------------------------
R7 - Avon Road/I-70 Interchange Pedestrian Improvements
Description: The pedestrian experience along Avon Road underneath I-70 is important because it
connects the Nottingham Road trail, Swift Gulch Road trail and the Nottingham Road
neighborhood with the Town Core. It has poor connectivity, light poles in the way, and
winter icing issues. The project will widen the path to the west separating it from traffic,
replace the lighting and improve the safety in the area.
Budget: 2016 $ 100,000
----------------------------------------------------------------------
R8 - 2014 Pedestrian Mall Improvements in West Town Center:
Description: The project scope will Start at the roundabout intersection of West Benchmark Road
and Avon Road, extending west past the ‘old’ transit stop and thereafter following
the existing pedestrian mall to the Prater Lane Day Care at intersection with
Benchmark Road. Lettuce Shed Lane, between the Seasons and Lot 61 is also
included in the study area. The project goals are to enhance the overall pedestrian
experience of the mall, by improving landscape, paving, site furnishings, signage, and
lighting and establish better spatial relationships with surrounding properties
including office and residential buildings, restaurants, shops, businesses, civic
services and parking lots. The overarching goal is to elevate the setting, image and
appeal of Town Center by and establishing a more successful pedestrian connection
between Avon Road with the civic area of town to west, which includes Nottingham
Park, the Recreation Center, and Library.
Budget: 2014 $1,600,000
R9 - Metcalf Road Cliff Stabilization
Description: The sandstone cliff above Metcalf Road just prior to the upper switchback was not
stabilized during its original construction. The cliff is made up of loose sandstone that is
steadily eroding and causing the lot immediately above to gradually erode toward the
existing structure’s foundations. This project will install a retaining wall to prevent further
erosion of the steep slope.
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix E
Status: The condition of the slope does not present an immediate concern. Therefore, the design
and construction of the project has been budgeted for 2015.
Budget: 2015 $ 100,000
------------------------------------------------------------------------
R10 - Avon Road Streetscape Update
Description: The landscaping and streetscape was installed in 1998 and is showing signs of wear. Also,
some of the landscaping is not compatible with the high traffic environment and needs to
be replaced with hardier species. The project will repair and update the streetscape and
modify the landscaping plan to include drought tolerant species that are compatible with a
high traffic environment.
Budget: 2014 $200,000
------------------------------------------------------------------
R11 - West Beaver Creek Boulevard Streetscape Improvements (Lake St. to Avon Rd.)
Description: The existing West Beaver Creek Boulevard design is based on outdated projected traffic
volumes because it was built prior to construction of the Post Boulevard interchange and
the Eagle-Vail half-diamond interchange. The existing design is wider than required and is
not pedestrian focused. The lack of development on Lot B also resulted in discontinuous
sidewalk and the lack of a proper pedestrian crossing at Sun Road. This project will reduce
the amount of vehicular lanes, add landscaping, additional lighting, median islands, and
crosswalks to enhance pedestrian mobility and safety from Avon Road to Lake Street. An
asphalt overlay will also be included as part of this project scope.
Budget: 2016 $75,000
2017 $750,000
---------------------------------------------------------------------------
R12 - East Beaver Creek Boulevard Streetscape Improvements (Avon Rd. to BC Place)
Description: East Beaver Creek Boulevard was constructed based on higher traffic volumes than exist
today and what will occur at build-out. This has resulted in an asphalt width larger than
necessary and a vehicular orientated design. This project will reduce the amount of vehicle
lanes, add median islands with landscaping, and incorporate traffic calming measures.
Status: The $25,000 programmed for 2016 includes design and the $250,000 programmed from
2017 includes construction of the improvements from approximately Avon Road to Beaver
Creek Place.
Budget: 2017 $25,000
2018 $250,000
-----------------------------------------------------------------
R13, R14 - Eagle Valley Trail – Avon Road to Stonebridge
Description: The Town of Avon, and the ECO Trails Department partnered to obtain a grant to
construct a trail on the north side of US 6 from Avon Road to Stonebridge Road. The
entities received a $355,000 grant from CDOT for the project from the enhance grant
program. The ECO Trails Department has committed $520,000 for construction of the
project and paid for the design. This is the first part of a four phase project. The first phase
was to construct the trail from Post Blvd to the Eagle-Vail half diamond and was completed
in 2012. The second phase is to extend the trail from Stonebridge Road to Post Blvd and is
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix E
scheduled for construction this year. The third phase is to construct the trail across the
Eagle River and Beaver Creek near Avon Road. This is the final phase and will connect the
trail from Beaver Creek to Stonebridge Road. The above-ground electric lines will be
placed underground along the route and will be paid for out of the community
enhancement fund.
Budget: 2014 $900,000
2015 $900,000
____________________________________
R15 - Eagle Valley Trail - Eagle River Bridge at Avon Road
Description: Construct a bridge for a pedestrian and bicycle trail across the Eagle River adjacent to Avon
Road. The trail will connect the existing Eagle Valley Trail on the north side of the river with
the trail to be constructed along the north side of Hwy. 6 in 2015. The project is a
partnership with the ECO trail committee, which is committing $53,000 for the
construction and paid for the design. Both parties obtained GOCO grant in the amount of
$497,000.
Budget: 2014 $725,000
----------------------------------------------------------------------------------
R16 - Beaver Creek Overlook Trail Improvements
Description: This project includes adding 6 stall parking lot across the street from Town owned
property to alleviate neighborhood impacts of the trailhead. The project is included with
the 2013 Street Improvement program.
Budget: 2013 $30,000
-----------------------------------------------------------------------------
R17 - Nottingham Trail-Buck Creek Trail Connector
Description: This spur trail will connect the existing Nottingham Road Bike Path to the Buck Creek
Road/Nottingham Road intersection. The scope includes a paved trail from path to
Nottingham Road, pedestrian improvements at the intersection, and pedestrian
improvements from the intersection to the Buck Creek Trailhead. A portion of this scope
was originally proposed as part of the postponed Nottingham Road improvement project.
Status: This project is scheduled for implementation in 2017 and is dependent on available funding.
Budget: 2017 $50,000
-----------------------------------------------------------------
R18 - Buck Creek Trail Improvements
Description: Construction of a gravel surface trail on the east side of Buck Creek from Swift Gulch Road
north to the existing Buck Creek trailhead. The easement for this project was dedicated to
the Town as part of the Buck Creek PUD.
Budget: 2018 $150,000
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R19 – West Avon Preserve Access Improvements
Description: Currently, there is only single-track bike access to the south east entrance to the West
Avon Preserve. This project will provide for several on-street parking spaces, improved
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix E
signage and obtaining CDOT permits to formally allow access to the West Avon Preserve
across CDOT, I70 right-of-way.
U1 – Heat Recovery Project
Description: The Heat Recovery system extracts heat from the Eagle River Water and Sanitation District
Sewer effluent, transfers the heat energy to a closed loop that is then used to heat the
Recreation Center Pools. Wind energy is used to operate the system, thus providing for a
carbon neutral way to heat the recreation center pools.
Budget: 2010 – 2012: $3,797,963
U2 - Heat Recovery Expansion Study
Description: Examine the feasibility of expanding the heat recovery system to the Avon Transit Center
and the Mall Improvement project. This involves extending a heat loop from the heat
distribution building east of the recreation center to the existing snowmelt tubing at the
Avon Transit Center and to the future mall improvements.
Budget: 2013 $50,000
--------------------------------------------------------------------------
U3 - Heat Recovery Expansion Design
Description: Design and prepare construction documents to extend the heat recovery system to the
Avon Transit Center and the Mall Improvement project. The project has been put on hold
pending a decision on the expansion of the recreation center.
Budget: $0
--------------------------------------------------------------------------
W1 – Metcalf Road Drainage Improvements
Description: The Project consists of the installation of twin 66” x 51” culverts, twin 24” culverts, and
two separate 18” culverts for a total four crossings of Metcalf Road. Associated concrete
headwalls and wingwalls, boulder walls, and erosion control measures are included in the
scope of work.
Budget: 2011 – 2012 - $925,640
-----------------------------------------------------------------------------
W2 - Benchmark Lake at Nottingham Park Lake Liner Replacement
Description: Benchmark Lake was constructed in 1978 with a PVC liner that has an expected 15 year life
span. The liner has not been replaced since it was originally installed and has deteriorated
to the point where it leaks approximately 2 to 3 cfs of water. The liner will be replaced
with a more durable liner material and accumulated sediment. Also, several other
improvements are planned for the lake including improving the beach area, grading a
shallow area for figure skating, replacement of irrigation intake structure, cleaning the
sediment pond and replacing several inlet pipes.
Status: Construction will occur in August through November 2013, after the summer season ends.
Budget: 2012 $50,000
2013 $1,250,000
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix E
-----------------------------------------------------------------------------
C1 - UHF Radio System and Repeater
Description: The Town currently uses Sprint / Nextel push to talk technology to communicate among
departments without the need to place a cell phone call when they need to talk to another
employee. This technology is changing in the summer of 2013 and our testing to date has
not proven to be a satisfactory communication solution for the departments. The affected
groups are recreation special events, police department, parks, fleet and public works.
The Town owns a private UHF radio band that can be accessed via an antenna being
placed within the Town. Each department would need to purchase radios so they would
have the necessary number to cover shifts and special events. The Nextel / Sprint push to
talk phones that are used only for that function would go away, saving the Town an
estimated $8,900 per year in cell phone costs. Once the radios are purchased and the
tower and antenna are installed, there are no monthly fees associated with operation of
the radio system.
Status: This is a budget estimate based on one quote the Town has received to date. A full project
RPF will be performed early in 2013 to have this completed before the Nextel / Sprint
system is changed over in the summer.
Budget: 2013 $34,800
------------------------------------------------------------------------
C2 - Enterprise-wide Security Camera System Upgrade
Description: Upgrade of the existing security camera system in the Recreation Center, as well as an
upgrade to the existing system in the Police Department. This will create one central
system that can be used in the Municipal Building, the Recreation Center and the Cabin.
Other locations can be added to this system in the future. Many of the cameras in the
Recreation Center are not operational and they are all very old technology and poor
quality. This would include adding a few more cameras throughout the Municipal Building
as well as replacing all existing cameras in the Recreation Center and the Cabin with new
Ethernet networked cameras that can be viewed from any Town of Avon network
computer. This new system will also provide the Town with video data capture for up to
30 days at a time for historical purposes
Status: This will allow the Town to have a centralized security camera system that the Town of
Avon Police Department is already trained and familiar with the operation and use of.
Budget: 2013 $30,515
----------------------------------------------------------------------------------
C3 – Digital Ticketing
Description: Currently all tickets issued by the police department are manually written out by the officer
at the time the ticket is issued. The ticket is then manually entered into the Intergraph
system that the police department uses for ticket tracking purposes. The ticket is then
also manually entered into the Sleuth court system so the ticket can be tracked in the Avon
Municipal Court application. An electronic ticketing solution would allow officers to scan
the driver’s license and all of that data would be captured electronically to a handheld
device. The officer can complete the ticket on the device, print out a hard copy to give to
the citizen and they are done. The electronic information can then be downloaded from
the hand held device and automatically interfaced to the Integraph and Sleuth Court
system which would eliminate all of the duplication of effort that exists today in both
systems.
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix E
Status: This project is scheduled for a 2014 installation
Budget: 2014 $60,000
----------------------------------------------------------------------------------
C4 - Paperless Packets
Description: There is a desire to reduce the amount of paper that is generated for each Town Council
and Planning and Zoning Commission meetings. This will allow the Town to be more
efficient in the packet preparation as well as reduce the use of paper and supplies and
reduce costs associated with generating the paper packets. This will also require the Town
to purchase 14 laptops to provide to members. We will upgrade our existing Laserfiche
environment to allow members of each group to remotely access completed electronic
packets in a secure manner. The upgrade will also feature the use of the Laserfiche
workflow product which will automatically route the electronic files that complete the
packets and have staff members sign off on each document as it progresses through the
process.
Status: Proposed time line is 2013 budget. After this upgrade the automatic workflow process will
allow for greater efficiency in the packet generation as well as delivery of the packet
securely to Town Council and Planning and Zoning members.
Budget: 2013 $26,950
C5 – City Vision Software
Description: City Vision is an affordably priced integrated budgeting, analysis and reporting solution
that streamlines and simplifies the overall budgeting process.
Budget: 2014 - $40,000
--------------------------------------------------------------------------
C6 – Timekeeping Software and Peripheral Devices
Description: The timekeeping software assists in monitoring employee time and attendance, control
labor costs, help minimize compliance risks and improve workforce productivity through
data collection.
Budget: 2014 - $35,000
--------------------------------------------------------------------------
S1 – Economic Development
Description: This CIP budget item did not have a specific project identified. The goal was to reserve
funds for seed money to promote economic development. This project has been removed
from the CIP budget.
--------------------------------------------------------------------------
S2 - Feasibility Study – Town Center West Lot B and C
Description: Hire a consultant to examine the feasibility of using tax increment financing and other
government subsidies to stimulate the development of Lot B and C, Avon Center.
Budget: 2013 $30,000
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix E
S3 – Town Facilities Planning Study
Description: An analysis of the different available options for the public facilities in the Town Center
including Town Hall, Recreation Center, Fire Station and Parking. Project removed because
it was performed by Town Staff.
S4 - Parking Study – Town Center
Description: Develop a parking study that will analyze the recently adopted plans for the Town Center
area, update parking numbers, evaluate locations for structured parking facilities and
develop financing scenarios for the parking facilities.
Budget: 2013 $50,000
---------------------------------------------------------------------------
APPENDIX F
DEFINITIONS
CAPITAL PROJECTS FUND: The public improvements fund established by Avon’s Municipal Code,
Section 3.12.110. The Fund receives revenues primarily from Real Estate Transfer Taxes but also can
receive grants and designated fees. Revenues from other Town funds may be transferred into the
Capital Projects Fund to support debt service and/or capital improvement costs.
CAPITAL IMPROVEMENT PROGRAM: Five to 20 year program which contains information on how the
Town plans to invest available resources into key infrastructure and facilities between 2013 and 2018.
This document contains planned project funding summaries organized by year and project type,
detailed descriptions, including supporting rationale, for every project and program.
CAPITAL PROJECT: All components of a Capital Improvement, including land acquisition, studies,
architecture and engineering.
CAPITAL IMPROVEMENT:
I. A capital improvement is defined as the:
1. Construction of a new facility;
2. Expansion, large scale renovation, replacement or betterment of an existing facility or
infrastructure;
3. Acquisition of land;
4. Purchase of major pieces of equipment, including rolling stock; including lease purchases;
5. Plans which are related to the above expenditures, such as feasibility and design studies,
architecture and engineering;
6. Strategic Planning Documents for the development of capital improvements, such as the
East Avon Plan, trails planning, street assessments; and
7. Communication and Technology Equipment including system upgrade software or software
resulting from a technology change; a bulk upgrade for equipment
II. A Capital Improvement must meet all of the following criteria:
1. It is an expenditure that can be classified as a fixed asset or major equipment, including
rolling stock;
2. It has an estimated cost of $25,000 or more, exceptions on a case-by-case basis are allowed;
3. It has a useful life of five-years or more;
4. Includes documentation that the operations and maintenance costs of the project can be
supported by the Town’s General Fund once the improvement is completed.
III. A Capital Improvement is initially categorized as Non-Discretionary or Discretionary:
• A non-discretionary improvement is a high priority due to certain circumstances, including
safety; is fully funded and ready to commence; has grant funding with implementation
deadlines; is a facility maintenance improvement, which must be completed in a timely
manner related to safety or partnership obligation to another entity.
• A discretionary improvement has not yet been approved in the Capital Improvement
GUIDING PRINCIPLES
A Capital Improvement Program should:
1. Be consistent with and implement Council adopted or accepted master plans and strategic plans.
2. Include improvements which meet legal Federal, State or local mandates; improve public safety,
leverage external investments; promote community partnerships; reduce operating costs and improve
efficiency.
2014 CIP, Water Fund & CEF
October 03, 2013 Appendix F
3. Provide sufficient reserves in an amount not less than $1,500,000, to allow for a sound fiscal foundation, including
maintenance and enhancement of the Town’s bond rated, the ability to respond to unanticipated opportunities or
needs, including emergencies and natural disasters.
4. Coordinate improvements across departments and across Town funds.
Heil Law & Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Carroll and Town Council Members
FROM: Eric J. Heil, Town Attorney
RE: Ordinance No. 13-13, Amendments to Village (at Avon) Development Agreement
DATE: October 3, 2013
SUMMARY: This memorandum provides an overview of the status of finalizing settlement of litigation
related to the Village (at Avon).
TC-RP Water Tank Financing Proposal: Traer Creek-RP LLC (TC-RP) recently proposed financing and
constructing the Traer Creek Water Storage Tank after it was determined that financing and construction by
the Upper Eagle River Water Authority (“Authority”) as envisioned in the Settlement Term Sheet was no
longer viable. The change of the party responsible for financing and constructing the Storage Tank
requires amendments to the Development Agreement, the Water Tank Agreement and the Pledge
Agreement (an exhibit to the Water Tank Agreement).
Amendments to the Development Agreement were prepared and approved by the Town Council on first
reading at a special meeting on September 17, 2013. Since first reading, representatives of the Town and
TC-RP further negotiated details of the TC-RP financing proposal. At the September 24 Council meeting,
Council discussed and tentatively supported additional revisions to the Development Agreement and took
action to continue second reading and a public hearing until October 22, 2013 in order to allow language
revisions to be finalized and made available to the public.
• Any costs for the construction of the Water Tank over $7.2 million would be borne by TC-RP and would
not be reimbursable by TCMD or the Town under the Development Agreement.
• Interest will not accrue on construction funds between the time the funds are provided by TC-RP and
the time the Water Authority accepts the water storage tank.
• The difference in the interest rate determined by the Additional Developer Advance formula and the
effective interest rate of 5.673% for repayment of $7.2 million at $500k per year for 30 years shall be
calculated and accrued as “capitalized interest” and shall count against the Credit PIF Cap. This
capitalized interest is defined as “Deferred Reimbursement”. TC-RP has the option to elect repayment
of the Deferred Reimbursement with Non-Credit PIF Revenues which would be repaid after the priority
use of District Revenues is satisfied (i.e. after satisfying debt service and repayment obligations of the
Water Tank Pledge of $500k per year, repayment of the 2013 Bond Reissue, payment of Supplemental
Bonds, repayment of $12.4 million Past Developer Advances and repayment of the $3.5 million of Avon
Receivables). If TC-RP elects repayment of the Deferred Reimbursement with Non-Credit PIF
Revenues then this amount will not count against the Credit PIF Cap. TC-RP will also charge interest
on the accrued Deferred Reimbursement; however, this would payable with Non-Credit PIF Revenues
and by separate agreement between TC-RP and TCMD.
• A portion of the water tank project includes construction of a road on Planning Area J, which is
identified in the Prioritized Capital Projects in the Development Agreement and which has an esimated
M EMORANDUM
& PLANNING, LLC
Avon Town Council
Village Settlement Update
October 3, 2013
Page 2 of 2
cost of $680,000. The Development Agreement as approved last fall required $17.5 million of
Supplement Bonds to be reserved specifically for the Prioritized Capital Projects. The $17.5 million
reserved amount would be reduced to approximately $16.8 million to reflect the cost of road segment
which falls under the Prioritized Capital Projects.
BNP has indicated that credit approval has been granted for 2013 Bond Reissue with the change to
designate TC-RP as the responsible party to finance and construct the Water Storage Tank. However,
BNP has indicated that its approval is restricted to financing by TC-RP at the rate of 8% rather than the
formula set forth in the Additional Developer Advance definition and that is approval does not allow for “call
protection” by TC-RP which would require TCMD to repay both the outstanding balance of $7.2 million and
the accrued Deferred Reimbursements. At the time of preparing this memorandum I have not received any
indication as to how these remaining issues will be resolved.
Water Tank Agreement: I have prepared an Amended and Restated Water Storage Tank which
incorporated language and terms from the Authority and revisions to incorporate the TC-RP tank financing
and construction proposal. The Authority has responded with minor revisions. The Amended and Restated
Water Storage Tank is under review by TC-RP and TCMD and hopefully will be finalized in the next week.
Pledge Agreement: The Pledge Agreement is an exhibit to the Water Tank Agreement and includes the
commitments (i.e. “pledge”) whereby TCMD would remit $500k per year for 30 years for the repayment of
the Water Storage Tank. The Pledge Agreement needs to be revised and updated to reflect the financing
by TC-RP and pledge of funds to TC-RP for repayment of the Water Storage Tank. I believe a draft should
be available for Council’s consideration on October 22, 2013.
The Development Agreement uses several terms related to the Water Storage Tank that are defined in the
Water Tank Agreement and Pledge Agreement; therefore, I believe it is important to have the revised
Water Tank Agreement and Pledge Agreement available for review at the same time as considering final
amendments to the Development Agreement. At this time Town staff anticipates preparing a Council
packet October 11, 2013 that will include the amended Development Agreement, revised Water Tank
Agreement and revised Pledge Agreement for consideration at the October 22, 2013 regular Avon Town
Council meeting.
Other Escrow Documents: The parties continue to work on finalizing, executing and depositing the
remaining documents in to escrow in preparation of the settlement closing. At this time I am not aware of
any outstanding issues related to finalizing the remaining documents required to be deposited into escrow.
Thank you, Eric
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Robert L. Ticer, Police Chief
Date: Wednesday, September 25, 2013
Agenda topic: Intergovernmental Agreement for Eagle County Animal Control Services (Renewal)
Summary:
The Avon Police Department is recommending approval of the attached IGA to allow Eagle County
Animal Control Services to continue to serve the Town of Avon.
Previous Council Action:
The Avon Town Council previously approved an IGA with Animal Control Services for Calendar
Year 2013. This renewal IGA is for Calendar Year 2014, and has no substantive changes from the
current and existing contract.
Background:
The Avon Police Department does not employ an Animal Control Officer or maintain facilities to
manage the intake or safekeeping of domestic animals. This IGA will continue to allow Eagle County
Animal Control Services to serve the Town of Avon and provide the following:
• Twenty-four hours per day emergency on call service.
• Animal shelter service.
• Investigation and reporting of animal bite incidents.
• Enforcement of the leash law by citing violators into the Municipal Court.
• Response to calls from the Police Department or from citizens.
The following activity has been recorded by the Eagle County Animal Control in the Town Limits of
Avon:
2012
7 Bites to persons
60 Field Enforcements (total animal related calls for service)
2 Seizures, (owners in custody)
27 Stray or At-large cases
4 Animal Surrenders
Page 2
2013 through September
7 Bites to persons
51 Field Enforcements
2 Seizures, (owners in custody)
18 Strays or At-large
3 Cruelty/Neglect investigation
0 Animal Surrenders
Discussion:
Eagle County Animal Control Services will respond to calls; however, they do not provide routine
patrol in Avon. Due to budget savings plans, the Avon Police Department has frozen the Police
Service Officer (PSO) position. A portion of the PSO duties included enforcement of the leash law
ordinance. Due to the staffing reduction, pro-active patrol for animal ordinance violations is conducted
by Avon Police Officers.
This Agreement is effective January 1, 2014, and shall end on the 31st day of December 2014. The
Agreement shall run yearly from January 1, to December 31, each year, with a review by each party in
August of that year. Either party shall have the right to terminate this Agreement with or without
cause at any time by giving the other party thirty (30) days prior written notice of termination.
Obligations of the Town and the County, respectively, after the current fiscal year, are contingent
upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise
made available.
Financial Implications:
The contract is $800.00 per month under this IGA, which has been budgeted for in the 2014 Police
Department Budget. Additionally, the County shall bill the Town for On-Call Emergency Services at
the rate of $50.00 per hour in the case of a call-out after hours.
Recommendation:
It is recommended that the attached IGA with Eagle County for Animal Control Services be
approved.
Alternatives:
If the IGA is not approved, the Avon Police Department will be required to provide animal control
service to the community, which may reduce patrol coverage and law enforcement response times to
active law enforcement incidents.
Proposed Motion:
“I move to approve the renewal of the Eagle County Animal Control Services IGA for Calendar Year
2014.”
Attachments:
2014 Eagle County Animal Control IGA with the Town of Avon
Eagle County – Town of Avon
2014 Intergovernmental Agreement for Animal Services
Page 1 of 6
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF AVON
This Agreement made this ______ day of __________________, 2013, by and
between the County of Eagle, State of Colorado, a body corporate and politic (the
"County") and the Town of Avon, a Colorado home rule municipal corporation (the
"Town").
WITNESSETH
WHEREAS, the Town desires to contract with the County for Animal Services on the
terms and conditions set forth in this Agreement; and
WHEREAS, the County is agreeable to rendering such Animal Services on the
terms and conditions set forth in this Agreement; and
WHEREAS, this Intergovernmental Agreement is authorized pursuant to §29-1-201
and §30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18,
of the Colorado Constitution.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, the parties hereto agree hereby as follows:
SECTION 1. TERRITORY COVERED. The territory covered by this Agreement is all
territory within the municipal boundaries of the Town.
SECTION 2. DEFINITIONS.
A. Emergency On-Call Service is defined as any emergency call received by the
County for which Animal Services assistance is required and no Animal Services
Officer is on duty to respond.
B. Municipal Code is defined as the Town of Avon Municipal Code, as may be
amended from time to time.
C. Shelter is defined as The Eagle County Animal Shelter located at 1400 Fairgrounds
Road, Eagle, Colorado, and any other shelter facility operated or designated by the
County.
Eagle County – Town of Avon
2014 Intergovernmental Agreement for Animal Services
Page 2 of 6
D. Unclaimed Day is defined as a calendar day or any part thereof during which an
unclaimed animal is confined in Shelter on behalf of the Town.
SECTION 3. SCOPE OF SERVICES. The County agrees to provide General Animal
Services and Emergency On-Call Services within the Town, as follows:
A. General Animal Services shall include:
i. Administration and enforcement of the Eagle County Animal Services
Resolution presently in effect and as may be subsequently amended as
applied within the Town or the Municipal Code as may apply to the control
and licensing of animals within the Town boundaries.
ii. The County shall provide the Town with monthly reports and an annual
report of services provided pursuant to this Agreement. Such reports shall
include, by way of example only, the number of calls for service, number
of animals sheltered, number of Unclaimed Days, and number of citations
issued, as they apply to the Town.
iii. Animal sheltering services for animals attributable to the Town, of the
nature and quality customarily provided at the Shelter. Animals attributable
to the Town are animals impounded within the Town and animals owned
by persons dwelling, permanently or temporarily, in the Town.
B. Twenty-four (24) hours per day Emergency On-Call Service at the rate specified
in Section 6, below.
i. Emergency On-Call Services will be provided during the period when an
Eagle County Animal Services Officer is not on duty. In the event that an
Eagle County Animal Services Officer is not immediately available to
respond to an incident or emergency, the Town will provide available
personnel to secure the scene and administer control of the situation until
the Eagle County Animal Services Officer arrives to resolve said incident.
SECTION 4. OFFICIAL STATUS. For the purpose of performing the Animal Services
and functions set forth in this Agreement, Eagle County Animal Services shall enforce,
as the Town’s agent, the Municipal Code relating to animals now in effect and as may
be amended from time to time.
SECTION 5. EQUIPMENT. The County shall furnish and supply, at its sole expense, all
necessary labor, supervision, equipment, motor vehicles, office space, and operating
and office supplies necessary to provide the services to be rendered hereunder.
SECTION 6. COMPENSATION. The Town shall pay the following compensation:
Eagle County – Town of Avon
2014 Intergovernmental Agreement for Animal Services
Page 3 of 6
A. The Town agrees to pay the County, monthly, the sum of $800.00 for General
Animal Services.
B. The County shall bill the Town for On-Call Emergency Services at the rate of $50.00
per hour.
C. The Town agrees to pay the County, on or before the fifteenth day of each month,
for all General and Emergency On-Call Services rendered the previous month.
D. All fees and expenses recovered at or for the Shelter will remain with the County.
E. All court fines and costs will remain with the court of venue.
SECTION 7. PERSONNEL.
A. The Eagle County Animal Services Officer shall have full cooperation from the Town,
its public works department, its police department and/or their respective officers,
agents, and employees, so as to facilitate the performance of this Agreement.
B. The rendition of Animal Services provided for herein, the standards of performance,
the discipline of officers, and other matters incident to the performance of such
services and the control of personnel so employed, shall remain in the County.
C. All persons employed in the performance of such Animal Services for the Town,
pursuant to this Agreement, shall be County employees, except for Town personnel
used to secure the scene as described in Section 3.B.i.
SECTION 8. LIABILITY AND INSURANCE.
A. The County, its officers and employees, shall not be deemed to assume any liability
for intentional or negligent acts, errors, or omissions of the Town or of any officer or
employee thereof. Likewise, the Town, its officers and employees, shall not be
deemed to assume any liability for intentional or negligent acts, errors or omissions
of the County or by any officer or employee thereof.
B. The County agrees to indemnify, defend and hold harmless to the extent allowed by
law, the Town, its respective agents, officers, servants and employees of and from
any and all loss, costs, damage, injury, liability, claims, liens, demands, action and
causes of action whatsoever, arising out of or related to the County's intentional or
negligent acts, errors or omissions or that of its agents, officers, servants, and
employees, whether contractual or otherwise. Likewise, the Town agrees to
indemnify, defend and hold harmless to the extent allowed by law, the County, its
respective agents, officers, servants and employees of and from any and all loss,
costs, damage, injury, liability, claims, liens, demands, action and causes of action
whatsoever arising out of or related to the Town's intentional or negligent acts errors
Eagle County – Town of Avon
2014 Intergovernmental Agreement for Animal Services
Page 4 of 6
or omissions or that of its agents officers, servants and employees, whether
contractual or otherwise.
C. The County and the Town shall respectively provide its own public liability, property
damage, and errors and omissions insurance coverage as each party may deem
adequate and necessary for any potential liability arising from this Agreement.
Further, the County and the Town, respectively, shall name, subject to the approval
of each respective party's insurance carriers, the other respective party as a co-
insured under such insurance policies to the extent of any potential liability arising
under this Agreement and, upon reasonable written request, shall furnish evidence
of the same to the other respective party.
SECTION 9. TERM AND TERMINATION.
This Agreement is effective January 1, 2014 and shall end on the 31st day of December
2014. The Agreement shall run yearly from January 1, to December 31, each year, with
a review by each party in August of that year. Either party shall have the right to
terminate this Agreement with or without cause at any time by giving the other party
thirty (30) days' prior written notice of termination. Upon termination, the County shall
be entitled to compensation for services performed prior to such termination (calculated
by prorating the monthly rate for the number of days the County performed General
Animal Services and adding all charges for any additional services, including
Emergency On Call Services, performed by the County during that time), and both
parties shall thereafter be relieved of any and all duties and obligations under this
Agreement.
Obligations of the Town and the County, respectively, after the current fiscal year, are
contingent upon funds for the purpose set forth in this Agreement being appropriated,
budgeted and otherwise made available.
SECTION 10. GENERAL PROVISIONS.
A. Notices. All notices, requests, consents, approvals, written instructions, reports or
other communication by the Town and the County, under this Agreement, shall be in
writing and shall be deemed to have given or served, if delivered or if mailed by
certified mail, postage prepaid or hand delivered to the parties as follows:
Town of Avon:
Town of Avon, Chief of Police
PO Box 975
Avon, CO 81620
County of Eagle:
Eagle County Attorney
P.O. Box 850
Eagle, CO 81631
Eagle County – Town of Avon
2014 Intergovernmental Agreement for Animal Services
Page 5 of 6
Either party may change the address to which notices, requests, consents,
approvals, written instructions, reports or other communications are to be given by a
notice of change of address given in the manner set forth in this paragraph A.
B. This Agreement does not and shall not be deemed to confer upon or grant to any
third party any right to claim damages or to bring any lawsuit, action or other
proceedings against either the Town or the County because of any breach hereof or
because of any terms, covenants, agreements or conditions contained herein.
C. No modification or waiver of this Agreement or of any covenant, condition, or
provision herein contained shall be valid unless in writing and duly executed by the
party to be charged therewith.
D. This written Agreement embodies the whole agreement between the parties hereto
and there are no inducements, promises, terms, conditions, or obligations made or
entered into either by the County or the Town other than those contained herein.
E. This Agreement shall be binding upon the respective parties hereto, their successors
or assigns and may not be assigned by anyone without the prior written consent of
the other respective party hereto.
F. All agreements and covenants herein are severable, and in the event that any of
them shall be held invalid by a court of competent jurisdiction, this Agreement shall
be interpreted as if such invalid agreement or covenant were not contained herein.
G. The Town has represented to the County and, likewise, the County has represented
to the Town, that each possesses the legal ability to enter into this Agreement. In
the event that a court of competent jurisdiction determines that either of the parties
hereto did not possess the legal ability to enter into this Agreement, this Agreement
shall be considered null and void as of the date of such Court determination.
[signature page follows]
Eagle County – Town of Avon
2014 Intergovernmental Agreement for Animal Services
Page 6 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By:__________________________ By:__________________________________
Clerk to the Board of Sarah Fisher, Chairman
County Commissioners
ATTEST: TOWN OF AVON
By:___________________________By:__________________________________
Patty McKenny, Town Clerk Rich Carroll, Mayor
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Robert L. Ticer, Chief of Police
Date: Tuesday, September 3, 2013
Agenda topic: Sex Offender Tracking and Registration (SOTAR)
Sex Offender Tracking and Registration (SOTAR) is a collaborative resource in accordance with
Colorado Revised Statute 16-22-110 that allows for many agencies to share information and contain sex
offenders in our community with one easy resource. Currently, every other law enforcement agency in
Eagle County is utilizing SOTAR. SOTAR is housed and maintained at the Douglas County Sheriff’s Office,
4000 Justice Way, Castle Rock, Colorado. Currently there is no fee for this service. However, there is
discussion that there will be a user fee to new agencies in the future.
SOTAR is a data base that keeps detailed files on each sex offender within the database to include
current and historical data, photographs, registrations, criminal history information, address verification,
vehicles, addresses, victim information, associates, contact information, protection orders and supervision
information. It also generates a public registry that is easily searchable and that can create an email
notification to citizens if they so choose.
Sex Offenders are very transient and often move from jurisdiction to jurisdiction. This database allows
all users to share files reducing the time and efforts spent researching and notifying other agencies about
the offender’s comings and goings.
Staff Recommendation(s):
Staff recommends that the Town of Avon sign the Agreement with Douglas County so the Avon Police
Department may share Sex Offender Registration Information for the purpose of Douglas County
Maintaining the Sex Offender Tracking and Registration Data Base.
Attachments, if any:
• Agreement
• SOTAR User Agreement Message from Douglas County Sheriff
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AGREEMENT
BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF DOUGLAS AND
THE TOWN OF AVON/AVON POLICE DEPARTMENT
THIS AGREEMENT made this day of , 20 , by and between the
Board of County Commissioners of the County of Douglas, State of Colorado (“DOUGLAS
COUNTY”), and the TOWN OF AVON/AVON POLICE DEPARTMENT hereinafter referred
to as (“USER”), hereinafter referred to jointly as the Parties (“PARTIES”); and
WHEREAS, pursuant to the provisions of Article XIV, Section 18(2)(a) of the Colorado
Constitution, and section 29-1-203, C.R.S., there is established a means whereby governmental
units may cooperate or contract with one another to make the most efficient and effective use of
their powers and responsibilities; and
WHEREAS, DOUGLAS COUNTY has developed a system to manage and exchange
information regarding sex offenders which is accessed through a web-based interactive software
program called SOTARTM. DOUGLAS COUNTY has exclusive rights of ownership in the
SOTARTM system including, but not limited to, SOTARTM, the name, the software, all source code
contributed by Douglas County, the structure of any data repositories created to support
SOTARTM, and all associated documentation (collectively, “SYSTEM”).
WHEREAS, USER desires to obtain access to the SOTARTM SYSTEM.
WHEREAS, DOUGLAS COUNTY agrees to provide USER access to the SOTARTM
application on a basis commonly known as “software as a service” whereby USER has access to,
but does not receive a copy of, SOTARTM and obtains no right, title or interest whatsoever in or to
the SYSTEM.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein and the recitals as set forth above, the PARTIES hereby agree as follows:
1. TERM OF AGREEMENT AND TERMINATION. The effective date of this
AGREEMENT shall be the date of signing by DOUGLAS COUNTY and USER,
whichever is the last to sign. This AGREEMENT shall remain in full force and effect
from the effective date until either PARTY elects to terminate this AGREEMENT
upon 30 days prior written notice to the other PARTY.
2. SERVICES. DOUGLAS COUNTY will provide USER non-exclusive, limited
access to SOTAR for only the following activities: view the portion of SOTARTM
available to law enforcement personnel (which includes access to all data input by
jurisdictions that participate in SOTARTM), view the portion of SOTARTM available to
the general public and, subject to Section 7 below, access SOTARTM so that USER can
input data regarding sex offenders residing in its jurisdiction (all of the above
collectively are “SERVICES”). DOUGLAS COUNTY may suspend or terminate the
SERVICES in the event USER fails to comply with any of the terms and conditions
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of this AGREEMENT and may pursue all other remedies that DOUGLAS COUNTY
has available to it against USER. USER shall not be entitled to a credit or refund in
the event this AGREEMENT is terminated pursuant to this Section 2.
3. USAGE. USER agrees that its access to and use of the portion of SOTARTM available
to law enforcement, access to the data repository underlying SOTARTM, and all
associated documentation will be limited to the law enforcement personnel employed
by USER and the Local Administrators designated by USER. USER shall not,
directly or indirectly, disclose, copy, distribute or publish to any third party any
information from SOTARTM except for information obtained from the portion of
SOTARTM available to the general public. USER may inform the general public that
SOTARTM exists and how to access the portion of SOTARTM available to the general
public. The general public will only be able to view the portion of SOTARTM available
to the general public. USERS shall not violate any federal (including CJIS), state or
local statutes, charter provisions, ordinances, rules, regulations, or standards that
apply to the storing, handling and disclosure of information regarding any person
listed in the SYSTEM.
4. SERVICE FEE. The PARTIES expressly recognize and agree that DOUGLAS
COUNTY provides this SERVICE at a significant expense. The PARTIES further
recognize and agree that, although DOUGLAS COUNTY agrees initially to provide
this SERVICE to USER for no fee, it is under no obligation to do so indefinitely.
Upon 30-days written notice, the COUNTY may impose a new or increased fee, at
which time USER may elect to discontinue the SERVICE or execute an Addendum
agreeing to pay said new or increased fee.
5. COMPLIANCE WITH ARTICLE X Sec 20 OF THE COLORADO
CONSTITUTION (IF APPLICABLE TO USER):
Notwithstanding other provisions in this Agreement to the contrary, the PARTIES
understand and acknowledge that they are subject to Article X, § 20 of the Colorado
Constitution ("TABOR").
A. The PARTIES do not intend to violate the terms and requirements of TABOR by
the execution of this Agreement.
B. It is understood and agreed that this Agreement does not create a multi-fiscal year
direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment
obligations of the PARTIES are expressly dependent and conditioned upon the
continuing availability of funds beyond the term of the PARTIES’ current fiscal
period ending upon the next succeeding December 31.
C. Financial obligations of the PARTIES payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available in accordance with ordinances and resolutions of the
responsible party and other applicable law.
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D. Failure of a party to make appropriation of amounts required in any fiscal year, if
not promptly cured, shall result in termination of this Agreement.
6. DEPLOYMENT AND OPERATION. DOUGLAS COUNTY shall provide the
SYSTEM in its “AS IS” condition. DOUGLAS COUNTY is not obligated to provide
customizations specific to USER for the SYSTEM. DOUGLAS COUNTY shall use
reasonable efforts to maintain the servers and infrastructure necessary to run the
SYSTEM. Provided, however, inaccessibility of the SYSTEM related to high traffic
volume shall not be a breach of this AGREEMENT. USER shall call 303-814-7040
(or such other number USER is notified to call) for any issues in accessing SOTAR or
the proper function of the SYSTEM. DOUGLAS COUNTY may modify (add, delete
or change) the functions and format of the SYSTEM at any time and in any way
without any advance notice to USER. DOUGLAS COUNTY may discontinue the
SYSTEM altogether at any time upon 30 days prior written notice, in which event
USER shall be entitled to a pro rated credit of the service fee, if applicable, that
USER paid for the year in which the discontinuance occurs. The credit may be
applied to any amounts USER owes to DOUGLAS COUNTY.
7. LOCAL ADMINISTRATORS. USER will designate a maximum of three (3) Local
Administrators within USER’S jurisdiction and provide DOUGLAS COUNTY with
their contact information, and notify DOUGLAS COUNTY promptly if they are
removed or replaced. DOUGLAS COUNTY will provide and maintain a contact
number and email address, through which only USER’S designated Local
Administrator(s) may communicate to DOUGLAS COUNTY any issues or concerns
with SYSTEM availability or performance. DOUGLAS COUNTY will communicate
via the contact information for the Local Administrators it has on file regarding the
SYSTEM including, but not limited to, any planned system maintenance or outages
or known system defects.
8. USER ACCESS AND MAINTENANCE; LICENSE. As a condition of granting
USER access to the SYSTEM, USER shall input data on all existing and new sex
offenders in USER’S jurisdiction and manage existing data in the data repository
underlying SOTARTM. DOUGLAS COUNTY will provide the Local Administrator(s)
with a secure login ID and password, limited system documentation and instructions
for acceptable use. USER’S Local Administrators shall be responsible for
provisioning, de-provisioning, maintaining and supporting system operators in
USER’S jurisdiction. Each operator shall have a unique login in the system. Only the
Local Administrator for that jurisdiction shall have access to the user management
feature for the USER’S jurisdiction. USER understands and agrees that USER shall
be solely liable for any errors, omissions or claims arising out of or related to the data
USER input into the data repository underlying the SOTARTM application. USER
understands and agrees that all data input by USER will be viewable by all other
authorized users of the SYSTEM.
9. USE OF USER INFORMATION. USER understands and agrees that, even if
USER discontinues is use of the SOTARTM application, DOUGLAS COUNTY and all
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active users of the SOTARTM application shall have the continued right to use the data
contributed by USER, provided such use complies with this Agreement. Neither
DOUGLAS COUNTY nor any other authorized USERS shall have any obligation at
any time to segregate or stop using the information USER contributes to the data
repository underlying SOTARTM.
10. NO REVERSE ENGINEERING. USER shall not reverse engineer, decompile,
decrypt, or otherwise derive the design, internal logic, structure or inner workings
(including algorithms and source code) of any software, products, models or
prototypes related to the SYSTEM. USER shall not copy any part of the SYSTEM for
any reason, including that information input by USER or related to USER’S
jurisdiction.
11. NO THIRD PARTY USE OR ACCESS. USER shall not sell or in any manner,
directly or indirectly, give any access to SOTARTM, the data repository underlying
SOTARTM, documentation, or derivative works to any third party, including but not
limited to, any governmental agency in USER’S jurisdiction, any other government
agency, or any for profit or non-profit entity. All inquiries from third parties
regarding access to the SYSTEM must be directed to DOUGLAS COUNTY.
12. EXCLUSIVE OWNERSHIP. It is expressly understood and agreed by USER that
the SYSTEM is protected by copyright and other intellectual property laws and that
DOUGLAS COUNTY is the sole owner of all right, title and interest in and to the
SYSTEM, and that through this AGREEMENT, DOUGLAS COUNTY is conveying
only the limited access rights expressly contained in this AGREEMENT, but
DOUGLAS COUNTY is not conveying to USER any right, title or interest in or to
the SYSTEM or derivative works.
13. DISCLAIMER OF WARRANTY. The SYSTEM is provided by DOUGLAS
COUNTY on an “AS IS, WHERE IS” basis, with no warranties whatsoever except as
expressly set forth in this AGREEMENT. DOUGLAS COUNTY hereby disclaims
all other warranties, express or implied, including the implied warranties of
merchantability, fitness for a particular purpose, title, non-infringement of intellectual
property rights and course of dealing. DOUGLAS COUNTY makes no warranties or
representations regarding applicability of the SYSTEM to USER or compatibility of
the SYSTEM with the infrastructure used by USER. DOUGLAS COUNTY makes no
warranties as to the accuracy of the information contained in the data repository or
mapping information provided by any third party vendor. Without limiting the
generality of the foregoing, DOUGLAS COUNTY has no obligation to indemnify or
defend USER against any claims arising out of or related to the use of the SYSTEM
including, but not limited to, infringement of intellectual property rights.
14. LIMITATIONS ON LIABILITY. In no event will DOUGLAS COUNTY be liable
for any direct, indirect, incidental, special, consequential or punitive damages arising
out of or related to this AGREEMENT regardless of the form of action, whether in
contract, tort (including, but not limited to, negligence), strict product liability or
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otherwise even if DOUGLAS COUNTY is advised in advance of the possibility of
the damages in question and even if such damages were foreseeable and even if
USER’S remedies fail of their essential purpose.
15. NOTICE. Any notice required by this AGREEMENT shall be given, in writing. Any
such notice shall be deemed given (a) on the date of delivery, if personally delivered (if
a signed receipt is obtained); (b) by electronic transmission, provided electronic or other
written confirmation of delivery is obtained; or (c) on the third business day following
mailing by registered or certified mail, return receipt requested, provided proper
postage was prepaid and the mail was addressed to the address set forth immediately
below or such new address that is given to the other PARTY in accordance with this
Section 14.
A. To USER:
Avon Police Department
Chief Robert L. Ticer / Krista Jaramillo, Admin. Services Officer
1 Lake Street, P. O. Box 975
Avon, CO 81620
(970) 748-4040
B. To DOUGLAS COUNTY:
Douglas County Government
Sheriff’s Office IT Department
4000 Justice Way
Castle Rock, CO 80109
(303) 814-7006
16. APPLICABLE LAW. The PARTIES agree to comply with applicable federal, state
and local statutes, charter provisions, ordinances, rules, regulations and standards as
are in effect at the time this AGREEMENT is executed and as they may change from
time to time. Any disputes arising under this AGREEMENT shall be brought
exclusively in Douglas County District Court in the State of Colorado. USER hereby
knowingly and voluntarily waives any objection to Douglas County, Colorado as an
inconvenient forum and hereby consents to the exercise of personal jurisdiction by the
Douglas County District Court in the State of Colorado. The PARTIES may mutually
agree to informal resolution of disputes. Prior to filing litigation, the PART IES shall
discuss participation in alternative dispute resolution, which may include pre -suit
mediation or settlement conferences.
17. NON-WAIVER. The PARTIES shall not be excused from complying with any
provisions of this AGREEMENT by the failure or delay o f any PARTY to insist upon
or seek compliance with such provisions.
18. SEVERABILITY. Should any provision(s) of this AGREEMENT be determined to
be illegal or unenforceable, such provision shall be modified to make it legal and
enforceable to the fullest extent of the law. In the event modification would not make
the provision legal and enforceable, such provision shall be deleted from this
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AGREEMENT and all remaining provisions of this AGREEMENT shall remain fully
enforceable. Provided, however, with respect to the deleted provision, the PARTIES
shall forthwith enter into good faith negotiations and proceed with due diligence to
draft a term that will achieve the original intent of the PARTIES hereunder.
19. AMENDMENT. This AGREEMENT may be amended, modified, or changed, in
whole or in part, only by written AGREEMENT executed by the PARTIES hereto.
20. ASSIGNABILITY; SUBLICENSING. USER shall not assign or sublicense its
rights or delegate its duties under this AGREEMENT without the prior written
consent of DOUGLAS COUNTY.
21. HEADINGS FOR CONVENIENCE. Headings and titles contained herein are
intended for the convenience and reference of the PARTIES only and are not
intended to combine, limit, or describe the scope or intent of any provision of this
AGREEMENT.
22. GOVERNMENTAL IMMUNITY. The PARTIES hereto understand and agree that
the PARTIES and their commissioners, officials, officers, directors, agents and
employees, are relying on, and do not waive or intend to waive by any provisions of
this AGREEMENT, the monetary limitations or any other rights, immunities and
protections provided by the Colorado Governmental Immunity Act, 55 24-10-101 to
120, C.R.S., or otherwise available to the PARTIES.
23. OPEN RECORDS. The PARTIES expressly agree that if any request is made that
subjects the subject matter of this AGREEMENT to disclosure pursuant to the
Colorado Open Records Act, Section 24-72-201, C.R.S. et. seq., or the Colorado
Criminal Justice Records Action, Section 24-72-301, C.R.S. et. seq. then the data will
be disclosed in printed, hardcopy form, and not in digital form, so long as the law
allows this discretion. In the event it must be disclosed in digital form, the recipient
shall sign a non-disclosure and non-use agreement related to the SYSTEM (which
will be supplied by DOUGLAS COUNTY) prior to obtaining the digital information.
24. THIRD PARTY BENEFICIARIES. DOUGLAS COUNTY does not intend by the
Agreement to assume any contractual obligations to anyone other than the USER, and
the USER does not intend by the AGREEMENT to assume any contractual obligation
to anyone other than DOUGLAS COUNTY. DOUGLAS COUNTY and USER do
not intend that there be any third-party beneficiary to this AGREEMENT.
25. SURVIVAL: Where the context of this AGREEMENT reasonably requires such an
interpretation, the provisions of this AGREEMENT shall survive termination.
26. EXECUTION. This AGREEMENT may be executed in counterparts.
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THEREFORE, IN WITNESS WHEREOF, the PARTIES hereto have executed this
AGREEMENT the day and year first above written.
THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF DOUGLAS, COLORADO:
BY: Date:
David A. Weaver
Sheriff
APPROVED AS TO LEGAL FORM:
Date:
Kelly Dunnaway,
Deputy County Attorney
TOWN OF AVON/AVON POLICE DEPARTMENT
Date:
Rich Carroll
Mayor
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Patty McKenny, Asst. Town Manager /Town Clerk
Date: October 2, 2013
Topic: Budget Work Session 2014: Town Attorney and Special Counsel Budgets
The Town Council reviewed at the September 24th Budget Work Session the Town Attorney and Town Prosecutor legal
services agreements and budgets for services in 2014. There was unanimous support to schedule the agreements for
Council action at the October 2nd meeting. The agreements are included on the Consent Agenda for Town Council
approval. These expenditures are part of the General Fund budget found in the Town Attorney program.
AGREEMENT FOR LEGAL SERVICES FOR TOWN OF AVON
1. Parties. This is a contract for legal services between the law firm of Heil
Law and Planning, LLC, a limited liability company, (the “Law Firm”) and the
Avon Town Council of the Town of Avon, Colorado (“Client”) dated
_____________, 2013.
2. Scope of Legal Services. As directed by the Client, the Law Firm shall provide
legal services to the Client with regard to serving as the Town Attorney for the
Town of Avon, Colorado in accordance with the Town’s Home Rule Charter and
responsibilities stated in the Avon Municipal Code and as otherwise directed by
the Client. Mr. Eric J. Heil, Esq. shall serve as the principal attorney representing
the Client.
3. License and Malpractice Insurance. The Law Firm agrees to maintain at all times
its license to practice law in the State of Colorado. Law Firm shall promptly
inform Client if there is any change in the good standing status of the license to
practice law in the State of Colorado. Law Firm shall maintain professional
malpractice insurance in the minimum amount of one million dollars
($1,000,000.00) per occurrence in a form and with such terms as are acceptable
to the Client.
4. Compensation. The Client shall pay the Law Firm compensation for services
rendered. The Law Firm charges an hourly rate for Eric J. Heil, Esq. of one
hundred eighty dollars ($180.00) and two hundred forty dollars ($240.00) for
review of development applications which costs are paid by the development
applicant in accordance with the Avon Development Code. The Law Firm agrees
that it shall not increase its hourly rate prior to January 1, 2015 and shall provide
at least four (4) months prior written notice of any increase in the hourly rate.
A. Costs. The Client shall compensate the Law Firm for out-of-pocket fees
and costs incurred on the Client’s behalf, including but not limited to filing
fees, service of process, expert witness fees, court reporter fees,
transcript fees, messenger fees, computer research, recording fees, title
company fees. Such fees will be billed to the Client at the Law Firm’s
cost without mark-up. The Client shall compensate the Law Firm for
mileage expenses for personal use of private vehicles used by the Law
Firm’s attorneys incurred in the direct and exclusive performance of
services for the Client. Mileage shall be charged at the reimbursement
rate set by the Internal Revenue Service. The Client shall compensate
the Law Firm for one-half of the travel time incurred by the Law Firm’s
attorneys in the direct and exclusive performance of services for the
Client.
B. Estimated Charges. The Law Firm may give the Client an estimate of the
anticipated total cost of a particular matter. The actual charges may vary
from the estimate due to unforeseen complexities or difficulties. The
estimate is not firm and is not binding on either the Client or the Law Firm.
C. Billing; Payment; Late Payment Charge. The Law Firm shall provide to
the Client a detailed invoice for all legal services on a monthly basis.
Such billings shall separate work and fees associated with specific
projects for which the Client accounts separately. The Client shall pay all
billings from the Law Firm within thirty (30) days of receipt of invoice. Any
amounts not paid within thirty (30) days of the date of the bill shall be
subject to interest at the annual rate of 12%. If the Client fails to pay any
charges within thirty (30) days of the date of the bill the Law Firm may
elect to stop all work for the Client. The Client’s obligation to make
prompt payment of all charges does not depend upon achievement of any
specific result.
5. Client. The Client grants to the Law Firm the power to execute documents
connected with the representation of the Client, including pleadings, applications,
protests, contracts, commercial papers, settlement agreements and releases,
dismissals, orders and all other documents and to represent the Client in matters
associated with providing legal services to the Client.
6. Term and Termination. This Agreement shall be effective upon approval by the
Client and Law Firm and shall terminate upon written notice by either party.
Termination by either party may occur at any time without cause or reason. The
Law Firm shall use best efforts to provide a minimum of sixty (60) days notice of
termination of representation of the Client. If the Client discharges the Law Firm,
the Client shall pay all fees and costs incurred to the date of termination, and the
Law Firm shall promptly deliver all files and documents of the Client to the Client.
7. Arbitration. Although the parties do not expect that any dispute between them
will arise, in the unlikely event of any dispute under this Agreement, including a
dispute regarding the amount of legal fees or costs owed to the Law Firm or the
quality of the Law Firm’s services, including any claim of malpractice, such
dispute shall be subject to binding arbitration. The Client and Law Firm
acknowledge that they are waiving their right to seek remedies in court, including
the right to a jury trial. (This clause does not prevent the Client and the Law Firm
from trying to resolve any dispute through voluntary mediation, but there is no
requirement to do so.)
Any dispute concerning fees or costs shall be submitted to the Legal Fee
Arbitration Committee of the Denver Bar Association and the decision of the
Committee shall be final and binding on both parties. Any dispute concerning the
quality of the Law Firm’s services, including malpractice claims, shall be
submitted to a single arbitrator and the decision of the arbitrator shall be final and
binding on both parties. A final judgment can be entered on the arbitration award
by a court of competent jurisdiction. The arbitrator shall be selected from the
Judicial Arbiter Group, Denver, Colorado unless the parties agree otherwise. If
the parties do not agree on the selection of a single arbitrator within ten days
after a demand for arbitration is made, then the arbitrator shall be selected by the
Judicial Arbiter Group from among its available professionals.
All arbitrations shall be held in Denver, Colorado unless the parties mutually
agree on some other location. All arbitrations shall proceed under the
Commercial Arbitration Rules of the American Arbitration Association, except as
modified in this Agreement, unless otherwise agreed by the parties. The
arbitrator shall have the discretion to order that the costs of arbitration, fees
(including expert witness and reasonable attorney fees), and other costs shall be
borne by the losing party. Any filing fees or other administrative costs of
arbitration shall be divided equally between the Client and the Law Firm.
Arbitration of all disputes, and the outcome of the arbitration, shall remain
confidential between the parties.
8. Document Retention. Files maintained by the Law Firm as the result of
performance of services for the Client pursuant to this Agreement shall be the
property of the Client, and upon termination of this Agreement, shall be delivered
to the Client.
THE LAW FIRM AND THE CLIENT HAVE READ THIS DOCUMENT, UNDERSTAND
IT, AND AGREE TO IT.
HEIL LAW AND PLANNING, LLC. TOWN OF AVON, COLORADO
By:__________________________ By:__________________________
Eric James Heil Rich Carroll, Mayor
2696 S. Colorado Blvd., Ste 550
Denver, CO 80222
(303) 975-6120
eric@heillaw.com
Date:________________________
ATTACHMENT A
PRIVACY POLICY NOTICE
Attorneys, like other professionals, who advise on certain personal matters, are now
required by a new federal law to inform their clients of their policies regarding privacy of
client information. Attorneys have been and continue to be bound by professional
standards of confidentiality that are even more stringent than those required by this new
law. Therefore, please understand that your privacy is important to us and we have
always protected your right to privacy. Maintaining your trust and confidence is a high
priority to this law firm. The purpose of this notice is to comply with the new law by
explaining our longstanding privacy policy with respect to your personal information.
NONPUBLIC PERSONAL INFORMATION WE COLLECT:
In the course of providing our clients with financial advisory activities, including estate
planning, tax planning and tax preparation services (including income tax, estate tax,
and gift tax advice), collecting overdue accounts receivable, and providing real estate
settlement services, we collect personal and financial information about our clients that
is not available to the public and which is provided to us by our clients or obtained by us
with their authorization or consent.
PRIVACY POLICY:
As a current or former client of Heil Law and Planning, LLC, rest assured that all
nonpublic personal information that we receive from you is held in confidence, and is not
released to people outside the firm, except as agreed to by you, or as is permitted or
required by law and applicable ethics rules.
CONFIDENTIALITY AND SECURITY:
We retain records relating to professional services that we provide so that we are better
able to assist you with your professional needs and, in some cases, to comply with
professional guidelines. We restrict access to nonpublic, personal information about you
to those people in the firm who need to know that information to provide services to you
(and their support personnel). In order to guard your nonpublic personal information, we
maintain physical, electronic, and procedural safeguards that comply with our
professional standards as well as federal regulations.
Please call the attorney you work with if you have any questions. Your privacy, our
professional ethics, and the ability to provide you with quality service are very important
to us.
AGREEMENT FOR LEGAL SERVICES OF CLIENT ATTORNEY
1. Parties. This is a contract for legal services between the law firm of Elizabeth
Pierce-Durance, LLC, (the “Law Firm”) and the Town of Avon (“Client”).
2. Scope of Legal Services. As directed by the Client, the Law Firm shall provide
prosecutorial services to the Client, which shall include assessing and
prosecuting criminal and civil cases brought before the Avon Municipal Court and
providing all necessary ancillary services thereto. Elizabeth Pierce-Durance shall
serve as the principal attorney providing the services.
3. License and Malpractice Insurance. The Law Firm agrees to maintain at all times
its license to practice law in the State of Colorado. Law Firm shall promptly
inform Client if there is any change in the good standing status of the license to
practice law in the State of Colorado. Law Firm shall maintain professional
malpractice insurance in the minimum amount of five hundred thousand dollars
($500,000.00) per occurrence in a form and with such terms as are acceptable to
the Client.
4. Compensation. The Client shall pay the Law Firm compensation for services
rendered in the amount of $125/hour.
A. Costs. The Client shall compensate the Law Firm for out-of-pocket fees
and costs incurred on the Client’s behalf, including but not limited to filing
fees, service of process, expert witness fees, court reporter fees,
transcript fees, messenger fees, computer research, recording fees, title
company fees. Such fees will be billed to the Client at the Law Firm’s
cost without mark-up. The Client shall compensate the Law Firm for
mileage expenses for personal use of private vehicles used by the Law
Firm’s attorneys incurred in the direct and exclusive performance of
services for the Client. Mileage shall be charged at the reimbursement
rate set by the Internal Revenue Service.
B. Estimated Charges. The Law Firm may give the Client an estimate of the
anticipated total cost of a particular matter. The actual charges may vary
from the estimate due to unforeseen complexities or difficulties. The
estimate is not firm and is not binding on either the Client or the Law Firm.
C. Billing; Payment; Late Payment Charge. The Law Firm shall provide to
the Client a detailed invoice for all legal services on a monthly basis.
Such billings shall separate work and fees associated with specific
projects for which the Client accounts separately. The Client shall pay all
billings from the Law Firm within thirty (30) days of receipt of invoice. Any
amounts not paid within thirty (30) days of the date of the bill shall be
subject to interest at the rate of 1-1/2% per month (18% per year,
compounded monthly). If the Client fails to pay any charges within 30
days of the date of the bill the Law Firm may elect to stop all work for the
Client. The Client’s obligation to make prompt payment of all charges
does not depend upon achievement of any specific result.
5. Client. The Client grants to the Law Firm the power to execute documents
connected with prosecutorial services, including pleadings and settlement
documents. The Law Firm shall be authorized to represent the Client in all
matters appearing before the Avon Municipal Court, including appeals taken from
that court into any other.
6. Term and Termination. This Agreement shall be effective upon approval by the
Client and Law Firm and shall terminate upon written notice by either party.
Termination by either party may occur at any time without cause or reason. The
Law Firm shall use best efforts to provide a minimum of thirty (30) days notice of
termination of representation of the Client. If the Client discharges the Law Firm,
the Client shall pay all fees and costs incurred to the date of termination, and the
Law Firm shall promptly deliver all files and documents of the Client to the Client.
7. Arbitration. Although the parties do not expect that any dispute between them
will arise, in the unlikely event of any dispute under this Agreement, including a
dispute regarding the amount of legal fees or costs owed to the Law Firm or the
quality of the Law Firm’s services, including any claim of malpractice, such
dispute shall be subject to binding arbitration. The Client and Law Firm
acknowledge that they are waiving their right to seek remedies in court, including
the right to a jury trial. (This clause does not prevent the Client and the Law Firm
from trying to resolve any dispute through voluntary mediation, but there is no
requirement to do so.)
Any dispute concerning fees or costs shall be submitted to the Legal Fee
Arbitration Committee of the Denver Bar Association and the decision of the
Committee shall be final and binding on both parties. Any dispute concerning the
quality of the Law Firm’s services, including malpractice claims, shall be
submitted to a single arbitrator and the decision of the arbitrator shall be final and
binding on both parties. A final judgment can be entered on the arbitration award
by a court of competent jurisdiction. The arbitrator shall be selected from the
Judicial Arbiter Group, Denver, Colorado unless the parties agree otherwise. If
the parties do not agree on the selection of a single arbitrator within ten days
after a demand for arbitration is made, then the arbitrator shall be selected by the
Judicial Arbiter Group from among its available professionals.
All arbitrations shall be held in Denver, Colorado unless the parties mutually
agree on some other location. All arbitrations shall proceed under the
Commercial Arbitration Rules of the American Arbitration Association, except as
modified in this Agreement, unless otherwise agreed by the parties. The
arbitrator shall have the discretion to order that the costs of arbitration, fees
(including expert witness and reasonable attorney fees), and other costs shall be
borne by the losing party. Any filing fees or other administrative costs of
arbitration shall be divided equally between the Client and the Law Firm.
Arbitration of all disputes, and the outcome of the arbitration, shall remain
confidential between the parties.
8. Document Retention. Files maintained by the Law Firm as the result of
performance of services for the Client pursuant to this Agreement shall be the
property of the Client, and upon termination of this Agreement, shall be delivered
to the Client.
THE LAW FIRM AND THE CLIENT HAVE READ THIS DOCUMENT, UNDERSTAND
IT, AND AGREE TO IT.
Elizabeth Pierce-Durance LLC Town of Avon, Colorado
By:__________________________ By:__________________________
Date:________________________
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 13.09.24 Minutes Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5:30 PM. A roll call was taken and Council members present
were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, and Jake Wolf. Buz Reynolds arrived at 4:10
pm. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town
Manager/Town Clerk Patty McKenny.
2. APPROVAL OF AGENDA
There were some minor changes to the agenda related to the order of items considered.
3. PUBLIC COMMENT
Public input was given by Avon resident Amy Phillips who was present to ask some questions about the
investigation, a public records request, ask that the agenda would identify a time to “Disclose Potential
Conflict of Interests ”.
4. Action Items
4.1. Special Water Counsel Action on Agreement to Retain Special Water Counsel (Virginia Egger,
Town Manager)
There was a brief review of the submitted letter of engagement by law firm Moses, Wittemyer,
Harrison and Woodruff, P.C. to provide special water counsel to the Town of Avon. Attorney Patricia
deChristopher was present. It was noted that two smaller groups made up of council members, town
attorney, and town manager interviewed both Jay Montgomery (currently retiring water attorney) and
Ms. deChristopher who would be serving in this role as water attorney for their firm. Councilor
Fancher moved to authorize the Mayor to execute the Letter of Engagement with Moses, Wittenmyer,
Harrison and Woodruff, dated September 19, 2013; Councilor Wolf seconded the motion and it passed
unanimously by those present (Councilors Dantas, and Evans absent).
4.2. Review an Appeal, in accordance with Avon Municipal Code §7.16.160, Appeals, for a Planning
and Zoning Commission decision to not approve a portion of a color change application for Lot
65-B, Block 2, Benchmark at Beaver Creek Subdivision (aka “Annex Building”) – Jon White,
President, Hoffmann Commercial Real Estate. A quorum of the Planning and Zoning
Commission will be present for this item. (Jared Barnes, Planner II)
There was a review of the council packet memo that addressed the appeal of a PZC decision to not
approve the proposed color “Monterey white” as the base color to the Annex Building, pursuant to
§7.16.160, Avon Municipal Code. The letter was submitted by Greg Hoffmann, Principal of Hoffmann
Commercial Real Estate on August 21, 2013. There were several people present for this matter and
input was given by John W hite, attorney representing the Hoffmann group, and all of the PZC
members.
Some of the discussion on the appeal focused on the following items:
Overall support for improvements being made by Hoffmann Commercial Real Estate
Description of PZC review of the minor design and development plan application and why there
was not approval for the “alternative equivalent compliance” request, i.e. the choice of the paint
color that was used without approval. The specific code referenced was 7.28.090(c)(v) as the
premise for their decision not to approve the request.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 13.09.24 Minutes Page 2
Discussion about the design review guidelines and what was allowed over time, and through the
approval of the new development code
Discussion about how they got to a 70 “LRV” and support for reviewing this value again
There was Council input and a decision was made to allow them to keep the current color through the
winter and ask that PZC review the language determining the color values for buildings in the town.
There were some procedural comments made by the Town Attorney who noted the following options
for the decision at this time: 1) take no action, 2) extend the appeal, 3) direct staff and PZC to evaluate
the “LRV” component of the code during the extended appeal timeframe. Councilor Wolf move to
table the public hearing and final decision on the appeal until April 22, 2014 provided that the applicant
agrees to the extended review timeframe for this matter. Mr. White agreed to the proposed timeline.
Councilor Fancher seconded the motion and it passed unanimously by those present (Councilors
Dantas, and Evans absent).
4.3. Public Hearing - Second Reading of Ordinance 13- 12, Series 2013, Amending the Avon Municipal
Code for Personal Possession of Marijuana (Eric Heil, Town Attorney)
Mayor Pro Tem Todd Goulding joined the meeting at 5:50 pm. It is noted that while he arrived earlier
he did not participate on the Appeal matter due to a conflict of interest. Town Attorney Eric noted
there were no changes to the ordinance on first reading. There was some discussion about the amount
one could have in personal possession as well as the number of plants that could be grown at home.
Mayor Carroll opened the public hearing, no comments were made, the hearing was closed. Councilor
Wolf moved to approve Ordinance 13- 12, Series 2013, Amending the Avon Municipal Code for Personal
Possession of Marijuana. Mayor Pro Tem Goulding seconded the motion and it passed unanimously by
those present (Councilors Dantas and Evans absent).
4.4. Council Review and Direction for Amendments to the Water Authority Master Agreement
(Todd Goulding, Councilor)
Mayor Pro Tem Goulding presented this memo and requested direction from the Town Council on how
to proceed with reviewing a number of topics that need to be addressed in the Water Authority Master
Service contract. He noted that the items need attention in order to align the Service Contract with
current practices and procedures of the UERWA. The items are interrelated and show be considered
together as follows:
I. Withdrawal by a Contracting Party
II. Distributions on Termination
III. Policy and Procedures for using or distributing “Unallocated Water Rights”, which have been
purchased over time by the UERWA with customer revenues; and
IV. Consideration of water restrictions due to low snowfall periods, including consumptive water rights
V. Town of Avon SFE calculations – conversion evaluation and formula for additional SFE purchases
After some discussion there was unanimous Council support to review the five topics together and
move forward with one amendment that would address all of them.
4.5. Resolution 13-26, Series of 2013, Resolution Establishing a Special Event Admission Ticket Fee
for the purposes of Equipment Investments and for Defraying Town Costs (Danita Dempsey,
Special Events Coordinator)
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 13.09.24 Minutes Page 3
There was unanimous support to establish the special event admission ticker fee in an effort to help
offset the costs of events, and a motion was made by Councilor Wolf to approve Resolution 13-26,
Series of 2013, Resolution Establishing a Special Event Admission Ticket Fee for the purposes of
Equipment Investments and for Defraying Town Costs. Councilor Fancher seconded the motion and it
passed unanimously by those present (Councilors Dantas and Evans absent).
4.6. Resolution No. 13–27, Series of 2013, Resolution to Adopt the Town of Avon 2013-2014 Strategic
Plan Update (Virginia Egger, Town Manager)
Town Manager Virginia Egger noted some revisions to the document. Some suggestions were made
about including the PZC review of the “LRV” standards in first quarter Economic Development
category, 2) add a category called ongoing efforts, 3) review quarterly, 4) evaluate if it is too
aggressive, 5) contemplate adding a section that contributes more to enhancing the “community” of
Avon. Mayor Carroll moved to approve Resolution No. 13–27, Series of 2013, Resolution to Adopt the
Town of Avon 2013-2014 Strategic Plan Update; Councilor Reynolds seconded the motion and it passed
unanimously by those present (Councilors Dantas and Evans absent).
4.7. Appointment of Town Council members to serve on a Town of Avon/Eagle River Fire Protection
District Task Force
Councilor Wolf moved to appoint Councilor Reynolds and Councilor Fancher as the members to the
ERFPD and Town of Avon Task Force; Mayor Pro Tem Goulding seconded the motion and it passed
unanimously by those present (Councilors Dantas and Evans absent).
4.8. MINUTES FROM SEPTEMBER 10, 2013 MEETING
Mayor Pro Tem Goulding moved to approve the minutes; Councilor Wolf seconded the motion and it
passed unanimously by those present (Councilor Dantas and Evans absent).
4.9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
Upper Eagle Regional Water Authority Board Meeting (Todd Goulding, Mayor Pro Tem)
presented an update on a tour, instream flows decreased, water rights case for USFS,
EGE Air Alliance (Rich Carroll, Mayor) update from last presentation
Leadership Conference Meeting Update (Jake Wolf, Councilor) Met w/ Eric Sale – regarding the
possibility of sponsoring a leadership conference with 100 CEOs attending
Senator Gail Schwart (Rich Carroll, Mayor)
5. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC)
Both Councilors Dantas and Evans arrived at this time. Mayor Carroll moved to meet in Executive
Session at 6:30 pm for the following matters:
5.1. Meet with Special Counsel for the purpose of receiving legal advice pursuant to Colorado
Revised Statute §24-6-402(4) (b) related to the investigation of alleged ethics violation and
review of residency requirements.
Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as
stated below and that if at any time during the executive session anyone believes that the discussion does
not concern the topic and purpose of the executive session, to please raise your objection immediately. The
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 13.09.24 Minutes Page 4
following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas,
Councilor Jennie Fancher, Councilor Buz Reynolds, Councilor Jake Wolf, Town Manager Virginia Egger and
Scott Krobs, Special Counsel for the Investigation. (Councilors Evans and Goulding were not present).
Mayor Carroll noted that the next discussion would be confined only to the purposes of the executive
session as stated below and that if at any time during the executive session anyone believes that the
discussion does not concern the topic and purpose of the executive session, to please raise your objection
immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor
Dave Dantas, Councilor Chris Evans, Councilor Jennie Fancher, Mayor Pro Tem Councilor Buz Reynolds,
Councilor Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil, Town Clerk Patty McKenny.
5.2. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado
Revised Statute §24-6-402(4)(b) related to settlement matters regarding Town of Avon v Traer
Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV
316.
5.3. Meet Pursuant to Colorado Revised Statute §24-6-402(4) (f) for the purpose of discussing
personnel matters related to the appointment of the Town Manager as representative to
certain Housing Boards. (Councilor Evans stepped out of the room at this time due to conflict
of interest).
The executive session was adjourned at 9:25 pm and Mayor Carroll noted that the meeting now
reconvened in regular session at 9:30 pm. He asked if any Town Council member believed that any
discussion in executive session was inappropriate and not related to the topic and purpose of the executive
session to please state the objections at this time; there were no objections.
6. VILLAGE OF AVON UPDATE (ERIC HEIL, TOWN ATTORNEY)
6.1. Public Hearing Second Reading of Ordinance 13–13, Series of 2013, Ordinance Amending the
Consolidated and Amended and Restated Annexation and Development Agreement for the
Village at Avon (Eric Heil, Town Attorney)
Town Attorney, Eric Heil, presented an update to the negotiations occurring for the amendments to
the Village at Avon Development Agreement. Munsey Ayers (Otten Johnson Robinson Neff Ragonetti),
Brandy Caswell (Faegre Baker Daniels) representing BNP Parribas, Mary Jo Dougherty, Kathy Kanda
(McGeady Sisneros), Marcus Lindholm, and Michael Lindholm were present. There were some
comments made by Mr. Ayers and Ms. Caswell. There were discussions about some further revisions to
the amendments for the CARADA related to the TC-RP financing proposal for the water tank. Some of
the proposed revisions that were discussed and acceptable included the following:
Water tank cost overruns would be the responsibility of TC-RP and would not be reimbursable
by TCMD or Town
Interest wouldn’t accrue on the construction funds between the time the funds are provided by
TCRP & the time the Water Authority accepted the water tank
The interest rate calculation and that would not count against the Credit PIF Cap, and the
language used to define this formula
That the portion of the water tank project included construction of a road on Planning Area J,
identified in the capital projects list in the CARADA, so that this amount would reduce the
amount reserved to finish this project on the list
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 13.09.24 Minutes Page 5
There was a preference to delay second reading so that these business points could be drafted into the
document and allow some time for council and the public to review the materials. There were some
comments made about when the bond closing would take place, and December was identified as a
possible date for closing. Mayor Carroll opened the public hearing; no comments were made, the
hearing was closed. It was noted that the presentation in October should provide details about the
proposed changes to the financial component of the CARADA, in summary an analysis about the costs
of the components of the new deal in comparison to the settlement term sheet including that of the
water tank. Councilor Reynolds moved to continue second reading and public hearing of Ordinance 13–
13, Series of 2013, Ordinance Amending the Consolidated and Amended and Restated Annexation and
Development Agreement for the Village (at Avon) until October 22. Mayor Pro Tem Goulding seconded
the motion and it passed with a six to one vote (Councilor Dantas – nay). Councilor Dantas’ nay vote
was because of his frustration with the last minute changes and that the deal should have been closed
months ago.
6.2. Approval of Amendments to the Traer Creek Water Tank Agreement, including Pledge
Agreement Terms (Eric Heil, Town Attorney) (May be continued)
There were no updates provided on this item for consideration.
7. Appointment of a Town Representative to serve on Boards of Directors for the Buffalo Ridge
Affordable Housing Corporation, Eaglebend Affordable Housing Corporation and Kayak Crossing
Affordable Housing Corporation (Patty McKenny, Assistant Town Manager)
Councilor Evans stepped down at this time due to conflict of interest. After some discussion, Councilor
Dantas moved to name Town Manager as designee to the Housing Boards, Mayor Pro Tem Goulding
seconded the motion and it passed unanimously.
8. Appoint Council Members to Town Manager Evaluation Committee
Mayor Carroll noted this item as an addition to the agenda. After a nomination by Councilor Evans and
seconded by Councilor Reynolds, Mayor Carroll and Councilor Fancher were chosen and agreed to
serve as the “ad hoc committee” to begin the process for the town manager evaluation, serving to
gather information and facilitate the process.
9. WORK SESSION
9.1. Budget Work Session - Council Review and Direction on recommended:
9.1.1. Employee Compensation Package, including Salary Market Analysis and Health Insurance
Premium Contributions (Virginia Egger, Town Manager)
Town Manager Virginia Egger presented the memo addressing the prposed Employee compensation
and Benefits Program and estimated 2014 costs. There were three sections to the memo that were
discussed as 1) Salary, 2) Avon’s Health Plan, and 3) Economic Recovery Payment. There was
information presented about Avon’s new culture statement, high performing employees and the salary
structure that would align with the performance of the employees through a Step program. There was
Council support to continue to provide superior benefits package as part of the total reward package.
There was support for each of the three components described at the 2014 levels.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 13.09.24 Minutes Page 6
9.1.2. Town Attorney and Special Counsel Budgets, including Water Counsel (Virginia Egger,
Town Manager)
Virginia Egger, Town Manager, reviewed the memo that outlined the proposed 2014 budgets for the
legal services provided by Heil Law and Elizabeth Pierce-Durance. There was support to include these
estimates in the budget.
9.2. Fiscal Year 2013 Financial Report dated September 24, 2013 (Report Only from Finance)
There being no further business to come before the Council, the regular meeting adjourned at 10:45 PM.
RESPECTFULLY SUBMITTED:
_________________________________
Patty McKenny, Town Clerk
APPROVED:
Rich Carroll ________________________________
Dave Dantas ________________________________
Chris Evans ________________________________
Jennie Fancher ________________________________
Todd Goulding ________________________________
Albert “Buz” Reynolds ________________________________
Jake Wolf ________________________________
TOWN OF AVON, COLORADO
AVON SPECIAL MEETING MINUTES FOR WEDNESDAY, OCTOBER 2, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 13.10.02 Minutes Specialfinal Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 6 PM. A roll call was taken and Council members present were
Dave Dantas, , Jennie Fancher, , and Jake Wolf. Chris Evans, Todd Goulding, and Buz Reynolds were absent.
Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town
Manager/Town Clerk Patty McKenny.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT
Public input was heard from the following residents:
Kristi Ferraro, Avon resident, read into the record a letter from addressing the investigative report with
comments regarding residency, conflict of interest, appearance of impropriety and code amendments.
The letter was submitted by the following people: Kristi and Craig Ferraro, Whitney Goulden, Howard
Leavitt, Tyson Kennedy, Mauri and Nancy Nottingham, Amy Phillips, Leslie Roubos, Mark Schelde, Brian
Sipes, Ruth Antrim Stanley, Manny Steil Tamra and Darien Underwood, Laurie Adler and Joe Walker.
Ms. Ferraro requested that a hearing be held on 11/12/13 that would address the Coucnilor Evan’s
residency status. She also requested that a closer look at the code is required for both residency and
conflict of interest in order to strengthen the language. She noted that Councilor Goulding’s residency
also be reviewed June 2014.
Amy Phillips, Avon resident, submitted her timeline of the events that have occurred into the records.
She also spoke about the need to review residency and conflict of interest code language.
Tamra Underwood, Avon resident, spoke about residency requirements and what the real meaning of
being an Avon resident should be.
4. PRESENTATION OF THE REPORT ON THE INVESTIGATION OF COUNCIL MEMBERS EVANS AND GOULDING
Scotty Krob, Krob Law Office LLC, special investigative counsel for the investigation of Councilor Evans
and Goulding spoke about his report. He identified the five topics which were investigated and spoke
about the facts and conclusions that were written into the report.
1. Walgreens project
2. Wyndham project
3. Goulding’s residency
4. Evan’s residency
5. Goulding’s employment w/ Evans’ company, Evans Chaffee Construction Group
The overall conclusion was that there were no violations of the town code as related to the above
complaints. He noted that does not disregard the fact that the concerns raised by the citizenry is valid
and that the Town Council may take further steps to review these matters.
5. PUBLIC QUESTIONS AND COMMENTS
TOWN OF AVON, COLORADO
AVON SPECIAL MEETING MINUTES FOR WEDNESDAY, OCTOBER 2, 2013
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 13.10.02 Minutes Specialfinal Page 2
There were some questions raised by the public with regard to the timelines, the interpretation of the
“appearance” aspect of the conflicts, the relationship with Mr. Mauriello, and an analysis of the voting
records of each council members.
6. COUNCIL DISCUSSION
There were comments from council members that showed support for reviewing the code for both the
residency requirements and the conflict of interest sections. There were some comments that
questioned the ability to get interested candidates if the residency rules were too conservative. There
was also support for checking in with both council members to determine their current status with
regard to residency and their intent to remain in Avon or not. Mayor Carroll noted that this would be
further discussed and a time would be set for a review. There was further interest in looking at the
letters submitted for the record as well. The Council accepted the Investigative Report submitted by
Scott Krob Law Office, LLC at this time.
There being no further business to come before the Council, the regular meeting adjourned at 7:18 PM.
RESPECTFULLY SUBMITTED:
_________________________________
Patty McKenny, Town Clerk
APPROVED:
Rich Carroll ________________________________
Dave Dantas ________________________________
Chris Evans ________________________________
Jennie Fancher ________________________________
Todd Goulding ________________________________
Albert “Buz” Reynolds ________________________________
Jake Wolf ________________________________