TC Retreat Packet 12-12-2016
TOWN OF AVON, COLORADO
TOWN COUNCIL RETREAT FOR MONDAY, DECEMBER 12, 2016
RETREAT BEGINS AT 11:00 A.M.
WALKING MOUNTAINS SCIENCE CENTER – FIELD STUDIES BASE CAMP
_____________________________________________________________________________________
MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY.
Page 1
1. CALL TO ORDER
2. ROLL CALL
3. WELCOME BY MARKIAN FEDUSCHAK – DEVELOPMENT PLAN AND AVON’S CONSERVATION EASEMENT (10 MINUTES)
4. THE AVON CHARTER – ROLES AND RESPONSIBILITIES – TAMI TANOUE FACILITATOR, CIRSA
4.1. TOWN COUNCIL
4.2. TOWN ATTORNEY
4.3. TOWN MANAGER
5. TRANSPARENCY COMMITMENT - TAMI TANOUE FACILITATOR, CIRSA
5.1. DEFINITION AND PRACTICE
5.2. DECLARING CONFLICTS OF INTEREST
5.3. EX-PARTE CONVERSATIONS ON AGENDA ITEMS
5.4. PROVIDING TOWN-OWNED DEVICES
5.5. UPHOLDING MAJORITY VOTES OF THE TOWN COUNCIL
6. TOWN COUNCIL MEETINGS – TAMI TANOUE FACILITATOR, CIRSA
6.1. WORK SESSIONS – CONDUCTING A SUCCESSFUL WORK SESSION
6.2. ACTION ITEMS – GENERAL AGREEMENT ON PROCESS FOR PRESENTATIONS, COUNCIL QUESTIONS AND
COMMENTS, PUBLIC COMMENT, MOTION AND VOTE
6.2.1. PUBLIC SPEAKING TIME LIMITS – IF ANY AND WHEN
6.2.2. MAKING AND AMENDING MOTIONS, COUNCIL COMMENT AFTER MOTION IS ON THE FLOOR
6.3.SPECIAL MEETINGS – WHAT SHOULD BE CONSIDERED IN SETTING A SPECIAL MEETING
6.4. AGENDA SETTING PROCESS AND TIMING
7. STRATEGIC PLAN – MAYOR JENNIE FANCHER
7.1. 2016 STRATEGIC PLAN END-OF-YEAR UPDATE
7.2. 2017-18 STRATEGIC PLAN
7.3. RECOMMENDED CHANGES, IF ANY
7.4. ADDING PROJECTS/WORK ITEMS TO THE PLAN
8. ADJOURNMENT – 5:00 P.M.
Heil Law & Planning, LLC Office: 970.468. 1022 Summit Drive Dillon, CO 80435 E-Mail: eric@heillaw.com
HEIL LAW
TO: Honorable Mayor Fancher and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Council Retreat Issues DATE: December 8, 2016
Summary: Council has a retreat scheduled for Monday, December 12, 2016. The retreat topics include a review of various roles and the Council-Manager form of government. Tami Tanoue from CIRSA will lead the Council through a presentation and discussion on Ethics, Liability and Best Practices for Elected Officials. This memorandum provides a very basic outline of Council authority and rules and lists several other topics for discussion by Council.
Council Actions and Meeting Rules: The Avon Home Rule Charter states the basic requirements for Council actions as follows:
Avon Home Rule Charter:
Section 5.5 - Organization and rules of council.
The Council shall determine its own organization, rules and order of business subject to the following provisions:
(b) The affirmative concurring vote of four (4) Council members shall be required for the adoption
of an ordinance, resolution, order for appropriation, approval of contract, or approval of intergovernmental agreement. The vote of yes or no of each Council member shall be taken and recorded in the minutes of Council proceedings in accordance with rules and procedures
adopted by Council. Every Council member who is present must vote upon all voting matters unless excused by the Town Code of Ethics, this Charter, or rules and procedures for Council
meetings adopted by ordinance. The Mayor shall not vote until after all other Council members
present at a meeting who are eligible to vote have had a reasonable opportunity to vote.
(c) The affirmative vote of a majority of the quorum Council members present who are eligible to
vote shall be required for motions that do not include appropriations, approval of contracts or
approval of intergovernmental agreements. Only Council members present at a Council meeting may vote on the adoption of meeting minutes for such Council meeting and Council members
absent from a meeting shall be excused from voting on the adoption of such meeting minutes.
Avon Town Council has adopted Simplified Rules of Order for Council meetings, which were updated in July, 2016 to address communications by Text Message and E-Mails during Council meetings. Council has also adopted a policy regarding remote attendance by Council members in February, 2015.
Specific Council Topics: In addition to the general Council retreat agenda topics, several other issues have been identified for discussion, which are listed in this memorandum to facilitate discussion. Council direction or consensus may not be achievable at this retreat on each topic and additional discussion or attention at a later date may be more appropriate.
M EMORANDUM & PLANNING, LLC
Avon Town Council Delegation of Contract Authority December 8, 2016 Page 2 of 2
• Delegation of Contract Authority: Please see the attached memorandum on this topic. This memorandum is part educational because it is important for Council to understand and appreciate the Manager’s authority. Recommendations are provided to expand and formalize the delegation of authority to the Manager in a few defined areas.
• Provision of Electronic Devices to Council Members: Should the Town provide electronic devices on request to Town Council members to facilitate the performance of Town Council duties and functions. If so, would this include laptops? Tablets/iPads? Smart phones? If the Town provides devices then at least some basic policies should be adopted about ownership, use and return of such devices.
• Communication between Town Council members and Town staff: The Avon Home Rule Charter states:
Section 8.5 - Relationship of council to administrative service.
Neither the Council, its members, the Mayor, nor any council committee shall
dictate the appointment of any person to office by the Town Manager except as
otherwise provided in this Charter or in any way interfere with the Town Manager or
other Town officer exercising judgment in the appointment or employment of
officers and employees in the administrative service. Except for the purpose of
inquiry, the Council, its members, the Mayor and any Council committee shall deal
with the administrative service solely through the Town Manager and neither the
Council, its members, the Mayor, nor any Council committee thereof shall give
orders to any of the subordinates of the Town Manager.
• Negotiating Authority and Protocols: The Manager often engages in negotiations related to implementing goals in the Strategic Plan. Such negotiations can involve new opportunities which are not identified specific projects in the Strategic Plan but which may advance goals in the strategic plan. A review of negotiating authority and protocols, including the use of confidential communication and executive sessions when appropriate, is recommended.
• Town Manager Absence/Appointment of Acting Town Manager: The Avon Home Rule Charter states:
Section 8.2 - Acting town manager
The Council may appoint an acting Town Manager during the period of vacancy in
the office, or during the absence or disability of the Town Manager. Such acting
Town Manager shall, have all responsibilities, duties, functions and authority of the
Town Manager until the Town Manager is appointed.
Thank you, Eric
800.228.7136 www.cirsa.org
Tami A. Tanoue
General Counsel/
Deputy Executive Director
Ethics, Liability, and
Best Practices
for Elected Officials
Speaker Bio
Tami A. Tanoue
In-house General Counsel/Deputy Executive Director
for CIRSA
Previously in private practice with the firm of Griffiths,
Tanoue, Light, Harrington & Dawes, serving CIRSA
as its contract General Counsel for 12 years, and
serving as City or Town Attorney for several Colorado
municipalities.
Previously Staff Attorney for the Colorado Municipal
League, representing the collective interests of
Colorado municipalities.
Regular speaker on local government liability topics;
author of several publications on liability issues.
Speaker Bio
Suggestions today are based on my years as a
municipal attorney and observing the ways in which
governing bodies can get into or stay out of trouble
from a liability standpoint
Suggestions are those of the author, who takes full
responsibility for them…any resemblance strictly
coincidental, etc.
Here as a training resource; in the event of any
conflict between my training tips and the advice of
your entity’s attorney, the advice of your attorney
prevails!
Introduction
In this presentation, we’ll examine these
issues:
Governance versus administration:
respecting the allocations of responsibility
in your organizational structure:
Meeting practices – transparency, orderly
and effective public participation
Personal conduct towards one another,
staff, and the community
Governance Models
John Carver’s work on “policy governance” is perhaps the
most comprehensive model for board governance
Addresses many common and recognizable
inefficiencies in governing body-staff relationships
Seems to have caught on in part because it is a
complete and holistic model, and provides a template
for distinguishing between governance versus
management/administration, and for honoring that
distinction
Carver, Boards That Make A Difference (2006)
More recent updating of policy governance model by
Ken Schuetz, “Aligned Influence”
(www.alignedinfluence.com)
Policy Governance Basics
Ends versus means: Governing body determines the “ends,” and CEO and staff determine and carry out the “means”
Ends: the outcomes to be achieved, for whom, and at what costs
Executive limitations: Governing body sets forth the boundaries of ethics and prudence, in carrying out the means, beyond which the CEO and staff must not cross
But within those boundaries, the CEO is free to choose the means to the board’s ends
Board-staff linkage: Governing body determines the manner in which it delegates authority to the CEO, how it will evaluate CEO performance (in achieving the “ends” and meeting the executive limitations)
Governance process: Governing body determines its own philosophy, the specifics of its own job, and its accountability
Governance characteristics
Is the governing body’s focus on governance
rather than management or administration?
Management is not the same thing as
governance! Being a “super-manager” is still
not governing.
Governance is policy-setting, big picture, and
forward-looking, rather than making reactive,
case-by-case decisions as issues arise, or
after-the-fact after a problem surfaces
Boards should develop “a taste for the
grand expanse of the big picture,” says
Carver
Where are you focusing
your efforts?
Ownership
|
Governance
|
Management
|
Supervision
|
Front Line Employment
Governance characteristics
Does the governing body speak with
one voice?
“Deliberate in many voices, but speak with
one”
Recognize that, while there may be
dissension or disagreement, the CEO (the
City Manager) is accountable only for
directions given by the body as a whole
Is the voice directed at the CEO, the
governing body’s sole employee?
Honoring the Governance-
Management Distinction
Why is this a liability issue?
Public officials have protection from liability when they are within
the “scope of employment” – term used in Colorado Governmental
Immunity Act
“Scope of employment” means everyone must respect the
parameters of your job description
So to the extent your Charter sets out parameters that include an
allocation of responsibilities (and it does so very well), those
parameters are part of your job description; honoring those
parameters will help keep you within the “scope of employment”
Liability coverages also hinge on your being within the scope of
your authorized duties
If you are going outside the parameters, you could be outside the
scope of your job description…and outside the scope of your
liability protections!
If you’re doing management/administration, then who’s doing the
governance? And what about those who are supposed to be doing
the management/administration? What are they doing?
Transparency and Public
Participation - Meetings
Transparency is a basic expectation of the citizens
for meetings of the governing body
Citizens take great interest in the goings-on of their
community, how/when those goings-on are
discussed, and opportunities to listen in on and/or
participate in the discussion
“Watchdogs” may be present to ensure transparency
is maintained and appropriate participation is
afforded
A lack of transparency or a perception of inadequate
or ineffective opportunities for public participation can
cause massive trust and credibility issues
Honoring Transparency
Open Meetings Law (OML) applies to all meetings
of the governing body, boards, commissions,
committees, etc.
Applies to 3 or more or a quorum, whichever is
less
Requires discussion/action on all public business
to take place only at a meeting open to the public
and of which timely notice has been given
Permits executive sessions only for limited and
specified purposes and following specified
procedures
It’s critical to conform to the letter and the spirit of
the OML in conducting meetings
Orderly and constructive
public participation
Lay the groundwork for orderly public
meetings
Council rules of procedure/rules of conduct
should address matters such as:
Time limits for speakers
Be consistent about enforcing time limits
No “out of order” comments
Recess or adjournment for disruptions
Public participation, cont’d
Governing body presiding officer (Mayor) is crucial in maintaining order
Culture of civility flows from the top down – if members practice incivility towards one another or towards staff/citizens, they can expect incivility from citizens in return
Maintain a degree of formality at meetings – use titles, insist that speakers come to podium to be recognized, etc.
Discreet law enforcement presence can be helpful
Public meetings, cont’d
For high profile or controversial agenda items, take special precautions
Have overflow area with closed circuit TV, or move to a larger venue
Arrange to have officers present and stationed at appropriate locations
Uniformed, plainclothes, or both?
Presiding officer or members should be prepared to ask for recess if emotional tenor of meeting starts to get out of hand
Arrange a “retreat” path for members that does not require them to go through the audience
CIRSA training session on orderly meetings available
Public participation, cont’d
Are “public comment” periods turning into
“public inquisition” periods or “public
argument” periods?
What are the dynamics that are allowing this
to happen?
“I’d like to respond to what you just said.”
“I’d like to answer that question.”
Public participation, cont’d
Elected officials should not be baited into
responding inappropriately when someone
says something inflammatory
You always have the last word: you’re the
decider. You don’t need to engage in
argument, stop the offending remarks, or
try to have the last word during “public
comment.”
If you forget that you’re the decider, things
may escalate….
Public participation, cont’d
http://www.westword.com/news/eric-f-ck-cops-brandt-files-free-
speech-suit-against-mayor-who-had-him-arrested-6051358
“[D]uring the public-comments section of the August 11 … City
Council meeting, which was captured on audio, [Eric Brandt]
speaks calmly and thoughtfully about his reasons for coming
before officials -- at first, anyhow. But soon into the address…
[the] Mayor … interrupts to say Brandt can't continue
speaking due to a pending lawsuit against the city.”
“When Brandt tries to continue, [the Mayor]… insists that he
can't do so and will be forcibly removed if he tries. In response,
Brandt begins speaking louder and becomes upset when
someone lays hands on him. He can be heard complaining
passionately as he's led away.”
Public participation, cont’d
“The suit reveals that Brandt was placed in handcuffs
and taken to jail… then transferred to a detention
center in Adams County on charges of obstructing a
police officer and resisting arrest. However, all
charges against him were dismissed on August 21.”
"This was absolutely appropriate speech with no
F-bombs," [the citizen’s attorney] points out.
"And as political speech, it's the highest
protected speech that exists. Speech doesn't get
any more protected than that."
.
Public participation, cont’d
http://www.reporterherald.com/news/ci_28638008/co
unty-resident-sues-city-councilor
Public participation, cont’d
“At council's July 21 meeting, Lynne spoke during
public comment about the pending litigation against
Detective Brian Koopman and Chief Luke Hecker, as
she has done previously, urging councilors to take
action and fire several city employees”.
“Lynne spoke about alleged document destruction,
fraud and child pornography, mentioning not only
Koopman, the police department and city's alleged
involvement.”
“Shaffer responded after Lynne's comments and said
…that Hecker was slandered in Lynne's
comments.”
Public meetings, cont’d
“In the future, everyone will be famous for 15 minutes.” ~Andy
Warhol
“In Council meetings, everyone gets to speak his or her mind for the
allotted number of minutes.” ~Tami Tanoue
Don’t try to suppress the content of citizen speech! It’s not just unlawful,
it’s futile! People do not take well to being suppressed.
But if someone is being disruptive, engaging in personal attacks, etc.,
then a response may be appropriate.
“Disarm” a tense situation. Don’t match tone for tone, and “out-
shouting” doesn’t work.
If a response is necessary, lower your tone to below the speaker’s.
De-escalate, don’t escalate!
Establish and communicate shared norms for meetings, e.g., “We
appreciate everyone’s viewpoints, but not personal attacks. Personal
attacks are unproductive and unhelpful. Please redirect your comments
towards the issues, and away from personalities.”
Honoring Transparency and
Public Participation
Why is this a liability issue?
We tend to see the same firms over and over in litigation
against municipalities for alleged OML violations
CIRSA has “executive session defense cost coverage”
for its member governing bodies for this reason
Efforts are made, through litigation, to “push the
envelope” on OML interpretations that are not favorable
to public entities…don’t be the one to “make bad law”!
You may suffer the embarrassment of having your
executive session discussions being made public
Thwarting public participation can likewise bring about
litigation for suppressing speech – we’ve now seen a couple
of instances of this
Personal Conduct
The way you conduct yourself in relation
to other members of the body, staff, and
the community greatly impacts your
effectiveness as a governing body
member
The incivility and divisiveness that
characterize partisan politics need not
be imported into nonpartisan local
government!
Personal Conduct
With respect to one another:
Is someone maintaining the “outsider” perspective even after
becoming the ultimate “insider”?
You may have started as a “critic” of the status quo, or been
propelled to seek public office because of one particular issue
of interest to you, but changes to your focus and perspective
may need to change once you are in public office
Is someone not recognizing that a governing body member’s power
can be exercised only through the body as a whole? Acting as “I’
rather than “we”?
Is there an “imbalance of information” on the governing body?
Is there a sense of distrust among one another? Is there constantly
the same split vote on every issue with the same people lining up
on the same side every time?
This could mean that the entire power of the governing body is
always being given over to the one “tie breaker”!
Personal Conduct
With respect to staff:
Is staff viewed as “the enemy”?
Is there frequent second-guessing of staff, or a desire on the
part of one or more governing body members to do
individual “research” on staff recommendations?
Is staff frequently blindsided by issues that are raised for the
first time only in the middle of a governing body meeting?
With respect to the community:
Are “public comment” periods turning into “public inquisition”
periods or “public argument” periods? (see previous slides)
Is “staff bashing” or “elected official bashing” happening at
governing body meetings?
Honoring Personal Conduct
Guidelines
Why is this a liability issue?
CIRSA’s observation: How a governing body interacts with
one another and with staff is a great predictor of liability. A
dysfunctional governing bodyinevitably attracts claims.
A governing body that mistreats staff or citizens is modeling
bad behavior organization-wide. “You know what” rolls
downhill!
A governing body that creates or allows chaos in the chain of
command is asking for employment claims!
A governing body that is over-involved in administrative
matters is straying away from its “job description” as well as
its best areas of immunity.
Conclusion
Ethical behavior is not just about instances where a
financial or other conflict of interest may exist
In a larger sense, ethical issues are present in all of
your dealings with one another, staff, and the
community
The ethical choices you make in those dealings will
either enhance or reduce your effectiveness, and
enhance or reduce your liability
Following best practices for maximizing your
effectiveness as a governing body member also
maximizes your liability protections!
About CIRSA
Colorado Intergovernmental Risk Sharing Agency
Public entity self-insurance pool for property, liability, and
workers’ compensation coverages
Formed by in 1982 by 18 municipalities pursuant to CML
study committee recommendations
Not an insurance company, but an entity created by
intergovernmental agreement of our members
Total membership today stands at 266 member municipalities
and affiliated legal entities
Out of 271 incorporated municipalities in Colorado:
81% are members of our PC pool
45% are members of our WC pool
About CIRSA
Member-owned, member-governed organization
No profit motive – sole motive is to serve our members
effectively and responsibly
Have returned over $30,000,000 in contributions to our
membership
CIRSA Board made up entirely of municipal officials
Seek to be continually responsive to the liability-related needs of
our membership – coverages and associated risk management
services, sample publications, training, and consultation
services, as well as specialty services such as home rule
charter review
We have the largest concentration of liability-related experience
and knowledge directly applicable to Colorado municipalities
Adopted
January
28,
2014
by
Resolution
No.
14-‐‑03
Amended
and
Re-‐‑Adopted
on
July
26,
2016
by
Resolution
No.
16-‐‑20
Page
1
of
4
Avon Town Council
Simplified Rules of Order
These Simplified Rules of Order establish rules and procedures for Avon Town Council
meetings. The intent is to set forth simplified rules which are readily accessible and usable by
the Avon Town Council members and understandable by the general public. The provisions of
the Home Rule Charter, the Avon Municipal Code, or any ordinance adopted by the Avon Town
Council shall govern and apply in the event there is any conflict with these Simplified Rules of
Order. Unless otherwise indicated, any reference to “Mayor” shall also mean the “Mayor Pro-
Tem” or “Acting Mayor” in the absence of the Mayor, as set forth in the Avon Home Rule
Charter.
I. Standards of Conduct for Avon Town Meetings: The Avon Town Council finds that
the foundation of municipal democracy rests on open, respectful and informed discussion and
debate balanced with the necessary efficiency required to take action in the public interest.
Reasonable persons will often disagree on many public matters which arise before elected and
appointed officials. The process of discussion and debate is essential to the ability of elected and
appointed officials to render the best decisions possible for the Avon community. The following
standards of conduct are considered the minimum standards for elected and appointed officials.
A. Elected and appointed officials shall conduct themselves in a mature manner that is
becoming of public officials, shall respect one another and shall respect members of the
public.
B. Elected and appointed officials shall refrain from profanity, rude behavior or personal attacks
and shall promptly apologize to both the board and the recipient of any such behavior in the
event of a temporary lapse of appropriate behavior.
C. The Mayor shall be responsible for maintaining civility, decorum and order throughout the
meeting.
D. Members of the Avon Town Council shall not communicate between or amongst themselves
by text message, e-mails or other forms of electronic communication during a Council
meeting.
E. Members of the Avon Town Council shall promptly disclose and announce the sending or
receipt by a Council member of a text message, e-mail or other form of electronic
communication during a Town Council meeting, to or from any person, for any such
communication that concerns a matter on the Town Council agenda for that meeting.
II. Mayor: Every meeting of the Avon Town Council shall be presided over by the Mayor.
If the Mayor is absent the Mayor Pro-Tem shall preside over the meeting. If the Mayor has a
conflict of interest on a matter then the Mayor Pro-Tem shall preside over the meeting for such
matter. If the Mayor and Mayor Pro-Tem are absent, or if they both have conflict of interest on
a matter, then a quorum of Council members shall appoint an Acting Mayor by motion who shall
then preside over the meeting or shall preside over such matter for which the Mayor and Mayor
Pro-Tem have conflict of interest. The Mayor shall strive to moderate Council meetings with
impartiality, shall strive to allow input from all other Council members on matters before
expressing his or her opinion, and shall refrain from making a motion or seconding a motion
until it is apparent that no other member of the Council will do so.
Adopted
January
28,
2014
by
Resolution
No.
14-‐‑03
Amended
and
Re-‐‑Adopted
on
July
26,
2016
by
Resolution
No.
16-‐‑20
Page
2
of
4
III. Agendas: The following rules and procedures shall apply to agendas:
A. The Mayor shall determine the agenda in consultation with the Town Manager. The Town
Council may direct items to be included on an agenda. Individual Council members may
contact the Mayor to request inclusion of a matter on an agenda. The Mayor shall consult
with the Town Manager and exercise discretion to determine if the matter should be
included on the agenda as a discussion item or an action item.
B. After roll call, the Council shall approve the agenda by motion by a majority of the quorum
present with any additions or deletions Council deems appropriate.
C. The Council may take action by motion at any time during a meeting to schedule
discussion or action items on a future agenda which shall be scheduled by Town Staff.
D. Noticing for action items and public hearings shall be in accordance with applicable law.
IV. Motions: All official Town Council actions are initiated by motion. These following
rules and procedures apply to motions. There are two basic motions: action motions and
procedural motions. Only one action motion may be on the floor at a time. A procedural motion
may be proposed, discussed and acted upon when an action motion is on the floor or at any other
time.
A. Basic Motion: The basic motion to take action is stated as, “I move to . . . .” Every
motion requires a second. Once a motion is made no further discussion can continue until a
second is made to support the motion.
B. Discussion: All Council members have the right to discuss the motion on the floor.
Discussion cannot be concluded unless (1) all Council members present consent or (2) a
majority of Council members present approve a procedural motion to “Call the Question”
and end debate.
C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any
time prior to the vote on the motion and may interrupt a speaker to withdraw the motion
and consent of the Council member who seconded the motion is not required. The motion
is immediately withdrawn; however, the Mayor may then ask the Council member who
seconded the withdrawn motion and any other Council member if such Council member
wishes to make the motion.
D. Amendment to Motion: Any Council member may request an amendment to a pending
motion. The maker of the pending motion and Council member who seconded the motion
must consent to the proposed amendment. Any Council member may also propose a
substitute motion to a pending motion which also requires consent of the maker of the
pending motion and the Council member who seconded the pending motion.
E. Procedural Motion: A procedural motion may be made at any time and may impose or
modify any procedural rule provided that such procedure is not in conflict with the Avon
Home Rule Charter, any ordinance adopted by the Town, or any applicable state law.
Procedural motions require a majority vote of the quorum present.
F. Motion to Call the Question or End the Discussion: A motion to “call the question”
(also known as a motion to end the discussion) is a procedural motion to end debate and
discussion. A motion to call the question cannot be made until each Council member has
had at least one reasonable opportunity to ask questions and express his or her opinion on
Adopted
January
28,
2014
by
Resolution
No.
14-‐‑03
Amended
and
Re-‐‑Adopted
on
July
26,
2016
by
Resolution
No.
16-‐‑20
Page
3
of
4
the matter. Once a motion to call the question is made and seconded, it shall be the
Mayor’s discretion to allow any further discussion on such procedural motion for the
purpose of clarifying any technical, procedural or legal issue related to the procedural
motion. A motion to call the question requires a majority vote of the quorum present.
Once a motion to call the question is approved, the pending action motion on the floor must
be voted upon promptly or, if no action motion is pending, the Mayor shall proceed to the
next agenda item.
G. Motion to Continue: A motion to continue an agenda item must include a specific future
Council meeting date, time and place for the continued matter to be considered again
without re-noticing a required public hearing.
H. Motion to Table: A motion to table places the agenda item on hold and does not require a
specific time for the return of the agenda item.
I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any rule in
this Simplified Rule of Order. Such motion may be made and requires a supermajority
vote of a majority of the quorum present plus one for approval. A motion to suspend rules
may not supersede the procedural requirements of the Avon Home Rule Charter, any
ordinance adopted by the Town, or any applicable state law.
J. A Motion to Reconsider: A Motion to Reconsider allows the Council to reconsider a vote
on a matter. A Motion to Reconsider may only be made and considered if made and acted
upon less than twenty-eight (28) days after the date of the Council action to be reconsidered
and may be made only by a member of Council who voted in the majority on the motion
which is proposed for reconsideration.
V. Meeting Conduct
A. Point of Privilege: A Council member may interrupt the speaker to raise a matter related
to the comfort of the meeting, such as room temperature, distractions, or ability to hear
speaker.
B. Point of Order: A Council member may raise a Point of Order at any time that the Mayor
permits meeting conduct which does not follow these Simplified Rules of Order or
otherwise fails to maintain civility and decorum by the Council and the general public.
C. Appeal: A Council member may move to appeal the ruling of the Mayor on any
procedural matter or other decision related to the conduct of the meeting. If the motion is
seconded and, after debate, it such motion passes by a simple majority vote of the quorum
present, then the ruling or conduct of the Mayor shall be overruled and reversed.
D. Call for Orders of the Day: A Council member may call for Orders of the Day when such
Council member believes that Council discussion has strayed from the agenda. No second
or vote is required. If the Mayor does not return to the agenda, then such ruling may be
appealed.
E. Adjournment: The Mayor may announce the meeting adjourned when there are no further
items on the agenda which have not been addressed. The Council may adjourn a meeting
at any time by motion, second and approval by a majority of the quorum present.
VI. Public Comments: Council agendas shall include a general item labeled “Public
Comment” near the beginning of all Council meetings. Members of the public who wish to
Adopted
January
28,
2014
by
Resolution
No.
14-‐‑03
Amended
and
Re-‐‑Adopted
on
July
26,
2016
by
Resolution
No.
16-‐‑20
Page
4
of
4
provide comments to Council greater than three minutes are encouraged to schedule time in
advance on the agenda and to provide written comments and other appropriate materials to the
Council in advance of the Council meeting. The Mayor may permit public comments during any
agenda item provided that such invitation does not hinder the ability of Council to conduct
official Town business in an efficient manner. For matters which may involve substantial public
comment by numerous members of the public, the Mayor or Council may propose limiting
public comment to no less than 3 minutes per individual, which limitation on public comment
must be approved by a majority of the quorum present.
VII. Public Hearing: The following general rules shall apply to the order and conduct of
public hearings. These rules may be modified or suspended by Motion to Suspend Rules.
A. The Mayor shall open the public hearing by announcing the topic of the agenda item. The
Mayor shall at all times during public hearings strive to maintain civility, decorum and
order.
B. The Mayor and/or appropriate Town Staff person shall introduce the topic, explain the
applicable procedures and laws, and provide any presentation by the Town.
C. The applicant, licensee or appellant shall have the opportunity to present information,
provide testimony, or respond to any comments or details in the Town’s presentation.
D. The Council shall have the opportunity to ask technical questions of the appropriate Town
staff, Town officials and the applicant, licensee or appellant but Council members shall not
express opinions on the matter prior to opening the public hearing for public comment.
E. The Mayor shall officially open the public hearing for public comment and shall allow for
members of the public to provide comment to the Council. The Council may approve a
time limitation not less than 3 minutes for individual public comment and may approve
sign-up sheets or other public comment procedures to promote order and efficiency by a
majority vote of the quorum present provided that individuals shall be permitted to yield
his or her public comment time to another speaker. After all public comments are received,
or if the Council determines that the volume of public comments requires additional time
and moves to continue the public hearing, the Mayor shall close the public comment
portion of the public hearing.
F. The Council may discuss the merits of the topic of the public hearing and take such action
as deemed appropriate after the public comment portion of the public hearing is concluded.
If the volume of public comments requires a continuation, if additional information is
required to consider the public hearing matter, or if the Council determines that additional
time is warranted to consider the matter of the public hearing, the Council may continue the
public hearing to a later date and may re-open the public comment portion of the public
hearing at any continued public hearing.
VIII. Executive Sessions: Council may convene into executive session at any time by the
affirmative vote of 2/3rds of the quorum present and by announcing the specific statutory citation
and purpose of the executive session in accordance with the Colorado Open Meetings Law, CRS
§24-6-402(4). The Council is not permitted to take official, final action on any matter in
executive session.
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Town Code of Ethics
2.30.010 Citation.
This Chapter shall be known and may be cited
as the "Avon Town Code of Ethics."
2.30.020 Declaration of policy.
The proper operation of democratic
government requires that public officers be
independent, impartial and responsible to the
people; that government decisions and policy
be made within the proper channels of the
governmental structure; that public office not
be used for personal gain; and that the public
have confidence in the integrity of its
government. In recognition of these goals, a
code of ethics for all Town oOfficers is
adopted. The purpose of this code is to
establish guidelines for ethical standards of
conduct for all such oOfficers by setting forth
those acts or actions that are incompatible with
the best interest of the Town, and by directing
disclosure by such oOfficers of private
financial or other interests in matters affecting
the Town.
2.30.030 Finding of local concern.
The Town Council finds and determines that
the matter of ethical municipal government is
a matter of local concern upon which home
rule municipalities in Colorado are fully
empowered to legislate and to supersede
conflicting state statutes.
2.30.040 Effect of common law.
This Chapter shall supersede and override the
common law as to the subject matter of this
Chapter.
2.30.050 Definitions.
As used in this Chapter, unless the context
requires otherwise:
Business means any corporation, limited
liability corporation, partnership, sole
proprietorship, trust or foundation, or other
individual or organization carrying on a
business operated for private profit.
Confidential information means all
information, whether transmitted orally,
electronically or in writing, , which is intended
to be confidential and which does not
constitute a public record under the Colorado
Open Records Act set forth in C.R.S. §24-72-
200.1 et. seq. including but not limited to
attorney-client confidential and privileged
communications and information received in
an executive session.
Council or Town Council means the Town
Council of the Town of Avon.
Council Member means any member of the
Town Council.
Officer means any person holding a position
by election or appointment in the service of the
municipality, whether paid or unpaid,
including the members of the Town Council,
any other Town board, committee or
commission, any employee and any
independent contractor.
Official act or official action means any vote,
decision, recommendation, approval,
disapproval or other action, including inaction,
which involves the use of discretionary
authority.
Substantial financial interest means an interest
owned or held by an oOfficer which is:
a. An ownership interest in a business;
b. A creditor interest in a business;
c. An ownership interest in real or personal
property;
d. A loan or any other debtor interest;
e. A directorship or officership in a business.
An officer shall be presumed to have a
substantial financial interest in any of the
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abovementioned interests owned, held or
controlled by such oOfficer's spouse or
dependent children.
2.30.060 Conflict of interest.
A Town Officer shall not:
(1) Disclose or use confidential information
acquired in the course of such Officer's duties
(a) in order to further a business or other
undertaking in which such Officer has a
substantial financial interest or (b) for any use
which would be detrimental to the Town;
(2) Engage in a substantial financial
transaction for his or her private business
purposes with a person whom such oOfficer
inspects or supervises in the course of his or
her official duties;
(3) Perform an official act which directly and
substantially affects to its economic benefit a
business or other undertaking in which such
Officer has a substantial financial interest;
(4) Perform an official act which directly and
substantially affects a business or other
undertaking by whom the oOfficer is
employed, or by whom such Officer is
engaged as counsel, consultant, representative
or agent;
(5) Acquire or hold an interest in any business
or undertaking which such Officer has reason
to believe may be directly and substantially
affected to its economic benefit by official
action to be taken by the agency over which he
or she has substantive authority;
(6) Perform an official act directly and
substantially affecting to its economic
detriment any business or other undertaking
when such Officer has a substantial financial
interest in a competing business or
undertaking;
(7) Solicit or accept a present or future gift,
favor, loan, service or thing of value from a
person under circumstances which would lead
a reasonably prudent person to believe that
such gift, favor, service or thing of value was
made or given primarily for the purpose of
influencing or attempting to influence such
oOfficer in connection with an official act, or
as a reward for official action he or she has
previously taken. The provisions of this
Subsection shall not apply to those
circumstances described in Subsection
2.30.070(3);.
(8) Perform any official act under
circumstances which give rise to appearance of
impropriety on the part of the Officer;
(9) Make or accept any ex parte
communication or contact concerning a matter
which is to be determined after a public
hearing without making the contents of such
communication or contact a part of the record
of such public hearing;
(10) Appear on behalf of any private person,
business or entity, other than himself or
herself, his or her spouse, or minor children,
before the Town Council, any Town
Commission or the Municipal Court.; or,
(11) For members of Town Council, seek or
obtain employment or compensation
concerning matters upon which he or she took
an Official Act during his or her term of office
for six (6) months following expiration or
termination of office, if such Official Act
occurred less than four years prior to such
employment or compensation, provided that
this provision may be waived by a majority of
the disinterested Town Council members.
2.30.070 Exemptions.
The provisions of Section 2.30.060 shall not
prohibit an Officer from:
(1) Accepting or receiving a benefit as an
indirect consequence of the performance of an
official act;
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(2) Taking official action when such Officer is
similarly situated to other Town residents,
such as adopting general land use regulations,
owning property within a special or local
improvement district, voting for taxes or
bonds, adopting ordinances of general
applicability or otherwise acting upon matters
involving the common public interest, except
that this exemption shall not apply to interests
of Officers of the Avon Urban Renewal
Authority in any project or in any property
included or planned to be included in any
project and the provisions of C.R.S. §31-25-
104(3) shall control;
(3) Soliciting or accepting gifts or loans which
are:
a. Campaign contributions reported as required
by law;
b. An occasional nonpecuniary gift,
insignificant in value;
c. A nonpecuniary award publicly presented
by a nonprofit organization in recognition of
public service;
d. Payment of or reimbursement for actual and
necessary expenditures for travel and
subsistence or attendance at a convention or
other meeting at which such Officer is
scheduled to participate;
e. Reimbursement for or acceptance of an
opportunity to participate in a social function
or meeting which is not extraordinary when
viewed in light of the position held by such
Officer;
f. Items of perishable or nonpermanent value,
including, but not limited to, meals, lodging,
travel expenses or tickets to sporting,
recreational, educational, or cultural events;
g. Payment for speeches, debates, or other
public events, reported as honorariums to the
Town Manager;
h. A loan at a rate of interest which is not
substantially lower than the commercial rate
then currently prevalent for similar loans
within the Town.
(4) Receiving such compensation for his or her
services to the Town as may be fixed by
ordinance, pay plan, budget or other similar
official action.
2.30.080 Disclosure of conflict of interest in
Town Council action.
Any member of the Town Council who
believes he or she has a conflict of interest as
defined in Section 2.30.060 on any matter
proposed or pending before the Town Council
shall disclose such potential interest to the
Town Council. Any member of the Council
who believes that another member of the
Council has a conflict of interest shall bring
the matter to the attention of the Council prior
to Council consideration of the issue involving
the alleged conflict. The Council shall
determine whether a conflict of interest exists.
The Council member who has an alleged
conflict of interest shall not vote on the
determination of whether a conflict of interest
exists; however, such Council member may
participate in the discussion and may remain in
the room with the consent of the majority of
the remaining Council members. If the
Council determines that an actual conflict of
interest exists, the Council Member shall not
attempt to influence other members of the
Town Council in connection with such matter,
and, except as provided in Section 2.30.100,
the Council Member shall not vote upon such
matter. The Council Member shall leave the
room during Council's discussion and action
on the subject, and shall return only when the
council has taken up the next agenda item.
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2.30.090 Disclosure of conflict of interest in
Planning Commission action.
Any member of the Planning Commission who
believes he or she has a conflict of interest as
defined in Section 2.30.060 on any matter
proposed or pending before the Planning
Commission shall disclose such potential
interest to the Planning Commission. Any
member of the Planning Commission who
believes that another member of the Planning
Commission has a conflict of interest shall
bring the matter to the attention of the
Planning Commission prior to Planning
Commission consideration of the issue
involving the alleged conflict. The Planning
Commission shall determine whether a
conflict of interest exists. The Planning
Commission member who has an alleged
conflict of interest shall not vote on the
determination of whether a conflict of interest
exists; however, such Planning Commission
member may participate in the discussion and
may remain in the room with the consent of
the majority of the remaining Planning
Commission members. If the Planning
Commission determines that an actual conflict
of interest exists, the member of the Planning
Commission shall not attempt to influence
other members of the Planning Commission in
connection with such matter, and, except as
provided in Section 2.30.100, the member of
the Planning Commission shall not vote upon
such matter. The member of the Planning
Commission shall leave the room during the
Planning Commission's discussion and action
on the subject, and shall return only when the
Planning Commission has taken up the next
agenda item.
2.30.100 When Council Member or member
of the Planning Commission with conflict of
interest may vote.
Notwithstanding the provisions of Sections
2.30.080 and 2.30.090, a Council member or
member of the Planning Commission may vote
upon a matter as to which he or she has a
conflict of interest if:
(1) His or her participation is necessary to
obtain a quorum or to otherwise enable the
Council or Planning Commission to act, and
(2) he or she complies with the disclosure
provisions of Section 2.30.110, and
(3) a majority of the Council members or
Planning Commission members present at a
meeting who do not have a conflict of interest
find that the participation of such Council
member or Planning Commission member will
not be contrary to the public interest and vote
to permit such Council member or Planning
Commission member to vote despite the
conflict of interest.
2.30.110 Voluntary Disclosure to
Secretary of State.
A Town oOfficer may, prior to acting in a
manner which may impinge on his or her
fiduciary duty and the public trust, disclose the
nature of his or her private interest to the
Colorado Secretary of State. Such Town
oOfficer shall make the disclosure in writing
to the Colorado Secretary of State, listing the
amount of his or her financial interest, if any,
the purpose and duration of his or her services
rendered, if any, and the compensation
received for the services or such other
information as is necessary to describe his or
her interest. If he or she then performs the
official act involved, he or she shall state for
the record the fact and summary nature of the
interest disclosed at the time of performing the
act. Such disclosure shall constitute an
affirmative defense to any civil or criminal
action or any other sanction under this Town
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Code of Ethics or any other local, state or
other code of ethics or standards of conduct.
2.30.120 Public contracts.
(a) The Town shall not enter into any contract
with a Town Officer (including spouse or
minor children of the Town Officer) to provide
any compensation from the Town for the
provision of goods or services and shall not
approve any vendor permit or privilege to
conduct commercial business on Town
property during such Officer’s term,
appointment or employment with the Town;
provided that this restriction shall not apply to
compensation provided to any Town Officer
for performance of official duties for the
Town. This section shall not operate to restrict
the Town from entering into contracts or
approving vendor permits and privileges to an
organization which employees a Town Officer
if such Town Officer is not an owner or
controlling officer of such organization that
receives such compensation, permits or
privileges and such Town Officer declares a
conflict of interest in accordance with Section
2.30.060(3) and does not participate in any
Town decision related to such public contract.
For the purposes of this section, ownership in
an organization shall include any ownership
interest that is greater than 1%.
(b) The provisions of Subsection (a) of this
Section shall not apply to:
(1) Investments or deposits in financial
institutions which are in the business of
loaning or receiving money; or,
(2) with respect to which the Town Officer has
voted therein in accordance with Section
2.30.100.
(c) It shall be a violation of this Code of Ethics
for any Town Officer to enter into a contract
with the Town or receive compensation or
receive vendor permits or privileges from the
Town in violation of this section.
(d) Any contract approved by the Town or
vendor permit or privilege granted by the
Town in violation of this section shall be
unenforceable against the Town.
(a) Except as provided in Subsection (b) of this
Section, no Officer shall have an interest in
any contract made by the Town.
(b) The provisions of Subsection (a) of this
Section shall not apply to:
(1) Contracts awarded to the lowest
responsible bidder based on competitive
bidding procedures;
(2) Merchandise sold to the highest bidder at
public auctions;
(3) Investments or deposits in financial
institutions which are in the business of
loaning or receiving moneys;
(4) A contract between the Town and an
officer if, because of geographic restrictions,
the Town could not otherwise reasonably
afford itself of the subject of contract. It shall
be presumed that the Town could not
otherwise reasonably afford itself of the
subject of a contract if the additional cost to
the Town is greater than ten percent (10%) of
a contract with an officer or if the contract is
for services that must be performed within a
limited time period and no other contractor can
provide those services within that time period;
(5) A contract with respect to which the officer
has disclosed his or her personal or financial
interest to the Town Council and has not voted
thereon, or with respect to which the officer
has voted therein in accordance with Section
2.30.100.
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(c) No Town officer shall be a purchaser or
vendor in connection with any sale or purchase
made by him or her in his or her official
capacity. The provisions of this Subsection
shall not apply to those contracts described in
Subsection (b) of this Section.
2.30.130 Limitation on subsequent
employment.
A former Town oOfficer may not, within six
(6) months following the termination of his or
her office with the Town, contract with or
become employed by an employer who
contracts with the Town involving matters
with which such oOfficer was directly
involved during such Officer’s the term of
office or with the Town.
2.30.140 Enforcement.
(a) The Town Council shall have the primary
responsibility for the enforcement of this
Chapter. It shall have the power to investigate
any complaint, to initiate any suit and to
prosecute any criminal or civil action on
behalf of the Town wherein it believes such
action is appropriate.
(b) The Town Council may direct the Town
Attorney to investigate or prosecute any
apparent violation of this Chapter or the
Council may employ or appoint any qualified
attorney to investigate or prosecute any
violation or series of violations by one (1) or
more persons of this Chapter. In the event the
alleged conflict of interest involves a Council
member (or multiple Council members), the
Council member(s) who has an alleged
conflict of interest shall not vote upon whether
to investigate or prosecute the alleged conflict
of interest.
(c) Any person who believes that a violation of
any portion of this Chapter has occurred may
file a complaint with the Town Council, which
shall promptly investigate such complaint and
take such action thereon as the Council shall
deem to be appropriate.
(d) The district attorney of the district where
the trust is violated may bring appropriate
judicial proceedings on behalf of the people.
Any moneys collected in such actions shall be
paid to the general fund of the Avon Town
government. Judicial proceedings pursuant to
this section shall be in addition to any criminal
action which may be brought against such
Town oOfficer.
2.30.150 Penalties and remedies.
(a) It is unlawful for any person to violate any
provision of, or to fail to comply with any of
the requirements of this Chapter. Any person
who violates any provisions of this Chapter
shall be punished in accordance with the
provisions of Section 1.08.010 of this Code.
Additionally, upon conviction such person
shall be liable to the Town for such damages
as may have been suffered or incurred as a
result of such violation.
(b) Upon conviction for any violation of this
Chapter such oOfficer shall immediately
forfeit his or her office or position. Nothing in
this Chapter shall be construed to prohibit such
public oOfficer from being reelected,
reappointed or otherwise rehired to any
position forfeited under the provisions of this
Chapter.
(c) Any court of competent jurisdiction called
upon to enforce the provisions of this Chapter
may, with the consent of the Town Council,
exempt from the provisions of this Chapter
any conduct of a Town Officer upon the
finding that the enforcement of this Chapter
with respect to such Officer's conduct would
not be in the public interest.
2.30.160 Distribution of code of ethics.
The Town Clerk shall cause a copy of this
code of ethicsthe Avon Town Code of Ethics
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to be distributed to every Officer of the Town
within thirty (30) days after enactment of the
ordinance adopting this Chapter. Each Town
Officer elected, appointed, or engaged
thereafter shall be furnished a copy before
entering upon the duties of his or her office.
2.30.170 Gift Reporting.
(a) In accordance with §7, Article XXIX of
the Colorado Constitution, the requirements of
Article XXIX of the Colorado Constitution
shall not apply to the Town of Avon. It is the
intention and purpose that this section
2.30.170, Chapter 2.30 Avon Town Code of
Ethics of the Avon Municipal Code, and any
other applicable Avon Home Rule Charter
provision, ordinance or resolution adopted by
the Town of Avon shall completely address all
matters set forth in Article XXIX of the
Colorado Constitution.
(b) Any Town Officer who receives any
present, or offer of future, individual gift,
favor, loan, service or thing of value in excess
of $50.00 and such gift is offered due to such
person’s status as a Town Officer then such
Officer shall report such gift and the estimated
value to the Town Clerk. The Town Clerk
shall promptly disclose gifts received, or offer
of future gifts, to the Town Council. The
failure of a Town Officer to report a gift to the
Town Clerk shall constitute a violation of the
Avon Town Code of Ethics.
(c) Council shall determine if gifts received or
offered in the future constitute a conflict of
interest in accordance with the Avon Town
Code of Ethics. Council members who are the
recipient or intended recipient of a gift shall
not vote on whether such gift constitutes a
conflict of interest unless such gift is offered to
Council as a whole or offered to Town
generally.
(d) Gifts which are given by an individual who
is a relative or personal friend of the recipient
on special occasions shall not be deemed a
conflict of interest. Gifts which are given
without the purpose or intent to influence a
Town Officer in connection with an official
act or as a reward for an official act performed
and gifts which do not create the appearance of
impropriety shall not be a conflict of interest.
(e) Gifts which are received which are
determined by Council to be a conflict of
interest shall be returned. The receipt of a gift
or the failure to return a gift or reimburse the
equivalent value when Council determines
such gift is a conflict of interest shall
constitute a violation of the Avon Town Code
of Ethics.
Heil Law & Planning, LLC Office: 970.468.
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
HEIL LAW
TO: Honorable Mayor Fancher and Town Council Members
FROM: Eric J. Heil, Town Attorney
RE: Council and Management Authority for Contracts, Expenditures, Leases and
Licenses
DATE: December 8, 2016
Summary: This memorandum discusses delegation of authority to Management for executing contracts,
expenditures, leases and licenses. The purpose of this memorandum is in part to review existing contract
authority and the scope of agreements which the Town enters and to solicit Council direction, input and/or
confirmation on policies and practices related to authority to execute contracts, leases, licenses and other
agreement documents on behalf of the Town. A similar memorandum was provided in 2014. Since that
time, the Town Manager and I have become aware of more categories of contracts and intergovernmental
agreements which may be more efficient for administrative approval. The Town contracts with Eagle
County for many services (e.g. Animal Control Services) which are fairly routine and which do not create
any significant legal or financial liability for the Town.
General Authority: The Avon Charter, Sections 4.9, Colorado Revised Statutes, Title 31 Article 15, and
other statutes sets forth authority for the Council to enter into contracts, approve expenditures, and execute
leases, easements and license agreements. The Town Manager’s powers and duties are set forth in Avon
Charter Section 8.3. The enumerated powers in Section 8.3 do not expressly include the authority to enter
into contracts or sign other documents on behalf of the Town, but do include the general authority of
Council to prescribe duties, “. . . the Town Manager shall have the power and duty and be required to: (l)
perform such other duties as may be . . . required of him or her by Council . . .”
Prior to the current management, all contracts and other agreement documents were referred to
Council for approval. This requirement was not efficient for the volume of business which Avon conducts.
Typically, the governing body in very small municipalities approve nearly all contracts and other agreement
documents whereas in larger municipalities the Town Manager and town staff has a designated level of
defined authority to enter into agreements on behalf of the Town. Over the last few years we have
developed form documents with Council for Professional Service Agreements, Revocable License
Agreements for the use of Town right-of-ways, and lease forms for the Avon Recreation Center. Other
documents which have been used recently include festival agreements, temporary license agreements for
the use of Town parking areas, and deposit agreements for financial security related to public
improvements.
Procurement Contracts: With regard to agreements that involve expenditures and procurements, Town
Council adopted Resolution 11-08 Authorizing the Town Manager to adopt a Procurement Policy in 2011 in
response to federal requirements related to the Transit Facility grant funding. The 2011 Procurement
Policy grants broad authority to the Town Manager to execute contracts, which is stated as follows:
The Town Manager has the authority to sign contracts up to and including $100,000 and
any contract identified in an approved budget. All procurements that are not presented in
M EMORANDUM
& PLANNING, LLC
Avon Town Council
Delegation of Contract Authority
December 8, 2016
Page 2 of 3
the annual budget to the Town Council during the initial budget can be presented
throughout the year as either a budget amendment or separately, if necessary.
Section 3-701 of the Town’s Procurement Policies authorizes the Town Attorney to promulgate policies
concerning contract clauses. The specific contract clause topic areas in Section 3-701 are addressed in
the Town’s form Professional Services Agreement as well as in the form of public works construction
contract that we have used in the past. Note that Resolution No. 2011-08 grants authority to the Town
Manager to adopt and amend procurement policies. Staff desires to update to the Procurement Policy.
Safeguards for Administrative Contracts: Typical safeguards for administrative contracts include:
1. Limiting contractual expenditures to amounts appropriated in budgets.
2. Requiring any contract longer than 1 year to be subject to annual budget and appropriation.
3. Including a provision to allow the Town to terminate without cause (often, we include the right of the
Town to cancel a contract with 30 days notice; however, depending upon the nature of the agreement,
some contracts are drafted to allow the Town to cancel immediately and other contracts include 60 or
90 days prior notice to terminate without cause).
4. Including a clause that limits the Town’s monetary liability to the contract amount and expressly
disallows claims of consequential, indirect or punitive damages.
5. Including a clause that states that Town does not waive any sovereign immunity defense.
6. Including other municipal specific provisions that address affirmative action, employment with illegal
aliens, and ownership of documents.
As a general legal guideline, contracts which are acceptable for administrative execution include (1)
contracts for amounts under $100,000, (2) which reflect expenditures contemplated in the adopted budget,
(3) do not create multi-year fiscal obligations, and (4) do not have any significant potential to create
liabilities for the Town in excess of the contract amount. Such guidelines can also include
intergovernmental agreements that are for annual terms, including intergovernmental agreements that
automatically renew each year without action but can be terminated in any year if the Town so elects.
Contracts to Provide Services: Council in the past has approved the form of a vehicle maintenance
service agreement which has then been used for the numerous third parties that use the Town’s facilities
for vehicle maintenance. Agreements to provide services do not fall under the Procurement Code policies.
Generally, we include many of the same safeguards for procurement contracts in any contracts to provide
services.
Revocable License Agreements: The Town often uses a Revocable License Agreement to allow the use
of, or encroachment upon, a Town right-of-way with terms that allow the Town to revoke the license at any
time and which require the Licensee to provide insurance and agree to bear the costs of removal of such
improvements (examples include the Northside Cafe parking lot encroachment, a connection pedestrian
path from Lakeside into Nottingham Park, and the recent landscaping/retaining wall improvement on Hurd
Lane by Hoffman Properties). The Town has established a form Revocable License Agreement that we
have used over the last several years. The form Revocable License Agreement generally protects the
Town. As a general guideline, I suggest that encroachments which do not adversely affect existing
Avon Town Council
Delegation of Contract Authority
December 8, 2016
Page 3 of 3
pedestrian and recreation routes, do not include encroachments into vehicle right-of-ways, and do
not restrict the Town’s ability to revoke the license to a period greater than one year are acceptable
for administrative approval. This approach can also be used for temporary license agreement use
of Town parking areas.
Leases: Generally, Town Council approval is required to lease Town facilities or portions of Town
buildings. The Town has entered into leases with private entities to use portions of the Avon Recreation
Center. Several years ago the Town Council approved a lease agreement form which could be used for
additional lease agreements at the Avon Recreation Center without further Council approval. Council
consideration is requested on whether general leasing authority may be delegated for lease terms
not to exceed 1 or 2 years provided that Council is first notified by Town staff of intent to lease a
Town facility or portion thereof. NOTE: this was requested in 2014. I do not recall if Council
provided direction and I do not believe Council took any formal action by motion or resolution.
Requested Action: Council consideration and direction is requested for guidance on the delegation of
contracting authority to the Town Manager and Avon Town Staff under supervision of the Town Manager.
Administrative authority to approve contracts and other agreement documents administratively improves
the efficiency and minimizes delay in conducting Town business; however, such delegation of authority
diminishes Town Council oversight and has the potential to create liabilities for the Town without direct
Council action.
Recommendations: The following recommendations are provided to enhance Avon’s business efficiency
while providing liability and financial safeguards.
• Amendments to the Procurement Policy should be subject to Town Council review and approval.
• Council may reconsider the $100,000 limit for the Manager’s authority to execute contracts.
Although this limit may be in the high side for a community the size of Avon, I have not observed
any problems or concerns with this limit.
• Adopt a policy to permit the Manager and town staff to enter into service agreements provided that
they are reviewed by the Town Attorney and are (1) no longer than one year or (2) terminable by
the Town without cause with 90 days notice or less.
• Adopt a policy to permit the Manager and town staff to enter into intergovernmental agreements
provided that they are reviewed by the Town Attorney and are (1) no longer than one year or (2)
terminable by the Town without cause with 90 days notice or less (similar to service agreements).
• Council could take action on these recommendations and other recommendations in this
memorandum by Resolution or Ordinance. I would recommend an ordinance to amend the
municipal code and codify delegation of contract authority, probably under Title 2 Administration
and Personnel.
Thank you, Eric
2016 PRIORITY STRATEGIES
FROM THE
2016/17
STRATEGIC PLAN
PRESENTED TO THE AVON TOWN COUNCIL
ON JUNE 28, 2017
Page 2
Town Council Strategic Priorities Fiscal Year 2016
SUPPORT A STRONG COMMUNITY,
BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY
Tier 1 Priorities
Proposed Completion Dates: September 1, 2016
File a letter with the USFS to execute a study for the reopening of the Metcalf Road access for
winter recreation
Proposed Completion Dates: October 18, 2016
Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with
transit, parking and wayfinding
Complete E-WBC Boulevard walkability/bike-ability test
Finalize E-WBC Boulevard walkability/bike-ability design for bid
The final design will be completed in January.
Proposed Completion Date: December 31, 2016
Update the comprehensive plan, including demographic data update and consideration of policy
support for the millennial generation and seniors
Planning and Zoning began reviewing the updated demographic data in October, and continue
to review updates in Work Session at each meeting. The Commission is progressing toward a
final draft in the first quarter of 2017. Eagle County is assisting with updating the Existing and
Future Land Use Maps using GIS so that they are easier to update in the future.
Proposed Completion Dates: December 31, 2016
Develop diverse options for local working housing through public - private partnerships; study
successful models in other resort communities
Develop an IGA with The Valley Store to manage all Avon deed restricted housing
properties
Participate in Eagle County’s evaluation of forming a multi-jurisdictional housing
authority
Continue to pursue private-public partnerships
New Strategy; Proposed Planning Dates: September 15, 2016 – September 15, 2017
Retain qualified consultant services to assist in the preparation of master land use plans for Tract
G, Lot 5 and Swift Gulch, building on the Stan Clauson Associates, November, 2015, initial plan.
The planning will be an inclusive process with the greatest civic engagement.
Community Development managed the RFP process and selection of a consultant for this
planning effort. The contract will be completed before the end of the year, with work
commencing in January, 2017. Public involvement was one of the key focus acrea during the
interview and selection process.
Tier 2 Priorities
Page 3
MOVE to 2017: Map railroad right-of-way and Town easements to evaluate transportation
options
Move to 2017: Work with local merchants on a bike sharing program
Delete from Strategies: Evaluate the pros and cons of zoning Wildridge
Move to 2017 as an element of a comprehensive transit planning
Conduct a survey in the Wildridge development to assess interest in transit ridership, including
but not limited to days and hours of operation
On-going
Maintain a strong partner relationship with our business community, developers, Vail Valley
Partnership and the Vail Leadership Institute
Throughout the year, Liaison Appointees and Town Manager will meet with respective principals
for developments in the Town of Avon to discuss current issues, development needs and
opportunities
PRESERVE & ENHANCE THE NATURAL ENVIRONMENT
Tier 1 Priorities
Move to 2017: Amend the Town’s landscape code to more effectively replace vegetation which
has been removed
Scheduled for second quarter of 2017.
Tier 2 Priorities
Proposed Completion Date: December 31, 2016
Process Annexation and Zoning applications, including surveying and public notification
requirements, for the 85.99 acre “Village Parcel” deeded to Town through the Eagle Valley Land
Exchange of 2013
Process has not commenced and will be initiated first quarter of 2017.
On-going
Evaluate climate action plan/adaptation needs for public and private properties
Once Eagle County completes its Climate Action Plan, place on the Town Council agenda
for direction.
Move Specific Actions to 2017: Evaluate waste reduction options
Proposed Completion Date: July 12, 2016
Resolve Avon Drinking Water Facility fenced area for ownership and/or lease to the Water
Authority; and, in the interim, remediate liability concerns
Move to 2017: Assess the Town's public tree stock in the park and in right-of-ways for timely
replacement
This work will be coordinated with Planning and Public works, to coincide with the landscape
code updates.
Page 4
On-going
Participate as a member of the Urban Run-off Group to evaluate and support, as appropriate,
needed Eagle River improvements
Page 5
DEVELOP INCLUSIVE & DIVERSE ECONOMIC,
EDUCATIONAL & CULTURAL OPPORTUNITIES
Tier 1 Priorities
On-going: Fund a diverse program of vibrant arts, educational, cultural and recreational
offerings at the Pavilion & Mall
Report to Town Council in late September or early October on all 2016 events and
festivals for direction regarding mix, size and prominence
Move to 2017: Upgrade and relocate the Nottingham Park Playground, prioritizing this project
for a 2016 GOCO grant application
Proposed Completion Date: August 9, 2016
Update the Avon Trails Plan to provide a comprehensive, prioritized soft and hard trails plan,
including trail connectivity
After plan adoption, Council will provide direction regarding trail development priorities
Pursue grants
Following an extensive public process, the final Trails Plan was completed and adopted by
Council. The Avon Recreational Trails Advisory Group is set to meet in first quarter of 2017 to
evaluate the final document and to make recommendations to Council on 2017 improvements.
Tier 2 Priorities
Proposed Completion Date: November 1, 2016
Provide needed improvements to Whitewater Park, its parking and access
On-going: Support regional World Class events and the Walking Mountains School
Move to 2017: Build photo monuments around the commercial core to memorialize Avon’s
history
Proposed Planning Dates: September 15, 2016 – September 15, 2017
Revised: Help support the formation of a citizen committee, who will evaluate keeping the
Hahnewald Barn, Blacksmith Barn and Cabin in the Town of Avon, as a stakeholder group, during
the Tract G planning process
On-going
As appropriate, share the results of the Community Survey with potential business interests in
terms of types of businesses and services desired in Avon
Maximize the grant resources available through potential sources available such as through the
Office of Economic Development and International Trade, including its new Outdoor Industry
Recreation Office; a Scientific & Cultural Facilities District, and Department of Local Affairs
Page 6
PROVIDE A RESPONSIVE, CUTTING-EDGE
& EFFECTIVE GOVERNMENT STRATEGIES
Tier 1 Priorities
Updated: Planning & Construction Dates: June 28, 2016 – December 1, 2017
Complete pricing and construction of the new Police Station at the Public Safety Facility
With Design Committee oversight, complete planning of the New Town Hall, with Town
Council approval of the final layout recommendation; bid and manage construction
Plan relocations of all employees in a seamless manner
Monitor and adjust as needed the comprehensive community swim program initiated on
November 1, 2016 at the Avon Recreation Center
On-going
Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails;
appropriating deferred maintenance funds as required, and seeking long term debt approval,
when appropriate
New Strategy – Proposed Completion Date: December 15, 2016
Implement Marketing Plan’s 2016 priorities, including updating of the website, development of a
customized APP and completion of a social media policy
New Strategy – Proposed Completion Date: November 1, 2016
Execute RFP for a comprehensive community swim program at the Avon Recreation Center,
select provider(s) and implement. Establish a goal for 100% of Avon residents to Learn to Swim,
if not already skilled at a level to utilize the Nottingham Lake. Provide for free-to-reduced fees
for populations who will require a subsidy to participate in the Learn to Swim sessions.
Tier 2 Priority
Move to 2017
In a collaborative work group, with Eagle County, its municipalities and major metropolitan
districts, review Eagle County’s revenues and expenditures apportionment
On-going
Provide strategic Council leadership, consistently practicing open and transparent government
Maintain and consistently evaluate a strong civic engagement program, including ad hoc
committees, a bi-annual community survey, volunteerism program, etc.
Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient
to economic fluctuations; transfer surplus funds to capital projects
Continue to develop annual department work plans, which are measurable and maintain
accountability
Hold annual or bi-annual sessions in joint meeting settings with government partners
TOWN OF AVON
2017-2018
STRATEGIC PLAN
Adopted by the Avon Town Council
Resolution 16-19, Series of 2016
June 28, 2016
2017-18 STRATEGIC PLAN
June 28, 2016
Purpose of the Strategic Plan
The Strategic Plan is developed and adopted to guide decision-making and provide the structure for ensuring
investments and programs reflect Council priorities in achieving the vision and adopted plans of the Town of
Avon. This work of the Council has been done since 2013, when the Town’s first Strategic Plan was developed
and adopted at regular Council meetings, with meeting notice.
In July of 2015, the Town Council provided the opportunity for residents and businesses to identify the most
important issues in the Town through civic engagement outreach at open houses. The outreach was specific to
the development of a community survey, which was distributed to all residential households and businesses in
Avon on August 3, 2015. Results were presented to Council on September 22, 2015. The results have aided the
Council in identifying priorities over the next several years and have provided information as to other methods
to engage the public in the vision and strategic planning of the Town.
The Strategic Plan is updated each year to reflect dynamic change, as may be needed, and to present to the
Avon community the important work planned by the Town over the planning period.
The following section presents the Strategic Plan Vision, which provides a dynamic overview describing
the way of life in Avon, the values the community holds and serves as a comprehensive statement
regarding the focus and directed outcomes of the Town’s work.
From the Strategic Plan Vision, four key outcomes have been identified to set the prioritized work of the
Town. The four outcomes, with successes, challenges and strategies to achieve each vision are detailed,
resulting in a Strategic Plan.
Once the Strategic Plan is adopted, a budget is prepared to meet the multi-year program, followed by
each department submitting a business work plan to the Town Manager identifying the timing and
process for implementing each strategy. Progress on the work plans are monitored to ensure
outcomes are met.
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2017-18 STRATEGIC PLAN
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Strategic Plan Vision
“… To provide a high quality of life, today and in the future, for a diversity of people and interest,
and to promote their ability to live, work, visit and recreate in the community.”
TOWN OF AVON COMPREHENSIVE PLAN, REVISED MARCH - 2008
The Town of Avon, surrounded by natural beauty, is today a strong community, which will maintain a focus on
families and workers, and 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.
Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted at
its founding and in its early years. It is this superior level of quality development that Avon believes will be its
comparative advantage in the future, and, therefore, will work to attract and promote these types of
developments by ensuring Town plans and incentives are constructed in a manner which provides the
development community clear and timely information; and by steadfastly maintaining a professional and
solution-oriented municipal business.
The Town will continue to value and support our full-time and part-time resident population by providing an
exceptional level of municipal services and by working to retain existing businesses as the Town seeks to
expand its retail and commercial base, while fostering our sense of community through both our spirit and the
built environment. The importance of vibrancy and activity within the Town will be supported by attracting an
array of new and diverse cultural and recreational events to Avon which are in concert with the values of our
community and serve to nurture a cohesive sense of place and public.
It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and
efficiency in providing government services and a practiced belief in open and transparent governance that will
lead the successful implementation of this vision for the growth and development of Avon.
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Strategic Plan
Fiscal Years 2017-18
SUPPORT A STRONG COMMUNITY,
BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY
The Town will continue to value and support our community through a strong and diverse economy, attentive to
business retention and proactively partnering with the private sector to expand Avon’s retail and commercial base.
The Town’s commitment to planning for future growth; openness to new community development trends; and,
recognition of private property interests and the costs of doing business with the Town, sets forth a dynamic
relationship for the successful construction of the built environment and business growth.
RECENT SUCCESSES
MEDICAL OFFICE BUILDING TCO/CO - ELEMENTARY
SCHOOL STREET SAFETY IMPROVEMENTS -
DEVELOPMENT OF E/WBC BLVD WALKABILITY
DESIGN TEST & FINAL PLAN - WAYFINDING SIGNAGE -
BUS SHELTER CONSTRUCTION – MARKETING PLAN
COMPLETED – WILDRIDGE LOT SPLIT REGULATION
UPDATE
CURRENT CHALLENGES
SHORTAGE OF AFFORDABLE LOCAL HOUSING FOR
WORKERS & SENIORS - FEW HOUSING OWNERSHIP
OPPORTUNITIES - CHANGING DEMOGRAPHICS OF
THE SKI INDUSTRY & INCREASED COMPETITION
STRATEGIES
Tier 1 Priorities
Develop Town of Avon Housing Guidelines, including but not limited to an employee housing resident goal
Develop diverse options for local working housing through public –private partnerships
Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with transit,
parking and wayfinding
Bid and construct approved E/WBC Boulevard walkability plan in one or two phases depending
on cost
Complete walkability plan for the remainder of the Avon core as an initial phase of the
development of a comprehensive parking and multi-modal transportation plan, including the
remediation of sidewalk gaps
Fully support Avon transit as a key element of a walkable community, including funding of a
Town late night transit loop; testing taxi, dial-a-ride or transportation network company (e.g.,
Uber) services for low-ride routes, including Wildridge; stay attentive to the potential role of
autonomous cars
Determine funding for a Town of Avon internal late night bus
Proactively partner with ECO and other Eagle County jurisdictions to fully consider transit
consolidation opportunities, expansion of commuter service for employees who work late
shifts and other transit initiatives to improve service and efficiency
With consultant services, prepare master land use plans for Tract G, Lot 5 and Swift Gulch, building on the
Stan Clauson Associates, November, 2015, initial plan; and a comprehensive parking plan for the Town’s
commercial core. In the Tract G planning, evaluate expansion of the Recreation Center and a parking
garage. Engage a citizen committee to serve as a stakeholder group for consideration of the relocation
of the Hahnewald Barn, Blacksmith Shop and Cabin in the Town of Avon. The consultant will also prepare
2017-18 STRATEGIC PLAN
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a parking plan for Town of Avon commercial core. The planning will be an inclusive process with the
greatest civic engagement from the initial meetings through Planning and Zoning Commission
recommending action and Council adoption hearings.
Analyze the current Real Estate Transfer Tax primary exemption of $160,000 as a mechanism to increase
affordable opportunities for homeownership in Avon to support employee housing shortages for Avon
businesses; as well as explore other regulatory and revenue generating options, including voluntary
contributions to support the development of employee housing
Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home
sizes.
Monitor the status of the Town’s request to the USFS, under the Town of Avon – USFS Memorandum of
Understanding, to study USFS Road 779, also known as the Metcalf access road, for progress through the
planning process and budget funds for the development of the road access and/or parking lot.
Tier 2 Priorities
Evaluate the formation of a special improvement district to improve the facades of the Avon Center,
Comfort Inn, First Bank, and other properties along E/W Beaver Creek Boulevard, including development
of public spaces
Map railroad right-of-way and Town easements to evaluate transportation options
Work with local merchants on a bike sharing program
On-going
The Town shall be proactive in outreach to the Elementary School and communities to the west of the
school to fully include these populations in 1) decisions of the Town, and 2) assessing and funding
service, capital, maintenance and infrastructure needs; with consistent and robust outreach and
marketing of the Towns programs, such as Recreation Center swim lessons, to improve accessibility and
greater participation in programs and activities
Work proactively with the owners of vacant commercial property to find leaseholders and/or
redevelopment projects and, when appropriate, 1) Utilize Urban Renewal Authority tax increments
generated from the existing district or in a potential new Urban Renewal Authority district, and/or
2) Other economic development incentives including tax rebates, zoning amendments, etc.
Maintain a strong partner relationship with the Avon business community, nonprofits, Walking
Mountains Science Center, Vail Leadership Institute/Vail Centre and developers.
Actively employee the service of the Vail Valley Partnership in meeting and working with Avon’s
businesses
Throughout the year, Liaison Appointees and Town Manager will meet with respective principals for
developments in the Town of Avon to discuss current issues, development needs and opportunities
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Strategic Plan
Fiscal Years 2017-18
PRESERVE & ENHANCE THE NATURAL ENVIRONMENT
Maintaining a strong foundation for the stewardship of Avon’s natural resources is a top commitment by the
Town. Avon will promote sustainability through the funding of programs and projects to protect the Town’s
and the regions clean waters and clean air.
RECENT SUCCESSES
UERWA UNALLOCATED POLICY ADOPTED – WATER
ORIENTATON FOR TOWN COUNCIL – WILDFIRE
COORDINATION WITH ERFPD FOR HOMEOWNER
OUTREACH – MOUNTAIN STAR FUNDING
AGREEMENT -
CURRENT CHALLENGES
POTENTIAL COLORADO WATER COMPACT CALLS &
SHORTAGES - WILDFIRE POTENTIAL - POTENTIAL
LONG-TERM DROUGHT IMPACTS - EAGLE RIVER
PROTECTION - CLIMATE CHANGE - RESOURCE COST
ESCALATION
STRATEGIES
Tier 1 Priorities
Evaluate all Town projects to the greatest extent possible under an objective of climate change
mitigation, considering financial feasibility of cost reductions and beneficial impact to the environment
Amend the Town’s landscape code to more effectively replace vegetation which has been removed
With the expertise of the UERWA, develop outdoor landscape guidelines/regulations to reduce water
use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River
Assess the Town's public tree stock in the park and in right-of-ways for timely replacement
Proactively ensure trees on public and private property do not host and spread viruses; remove dead
trees with a well-developed landscape program
In planning for the new Police Station and Town Hall, adopt a paperless strategy to reduce waste and
support files, etc.
Tier 2 Priorities
Consider adopting a “pay-as-you-throw” refuse system and evaluate franchise agreements for waste
haulers
Consider legislation to end the use of plastic bags by retailers in the Town of Avon
Take the lead role in working with the UERWA to assess and potentially partner with the Aspens Mobile
Home Village to improve and/or replace the property’s water distribution system to eliminate water loss
Develop a plan to improve the visual gateway and corridor along I-70
On-going
Partner with Eagle County and its political jurisdictions to implement the Eagle County Climate Action Plan
Participate as a member of the Urban Run-off Group to evaluate and support, as appropriate, needed Eagle
River improvements
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Strategic Plan
Fiscal Years 2017-18
DEVELOP INCLUSIVE & DIVERSE ECONOMIC,
EDUCATIONAL & CULTURAL OPPORTUNITIES
The importance of vibrancy and activity within the Town will be supported by partnering with existing special
events and attracting an array of new and diverse cultural, educational and recreational events to Avon, which
meet the Town’s brand and are in concert with the values of our community and serve to nurture a cohesive
sense of place and public.
RECENT SUCCESSES
MAIN STREET MALL/PAVILION DIVERSE EVENT &
FESTIVAL ACTIVATION - MAIN STREET MALL
COMPLETION & ACTIVATION COMPLETION OF
REGIONAL TRAIL AND METCALF CLIMBING LANE –
EXPANSION OF MOBILE CART PROGRAM AND FOOD
TRUCK PROGRAM AT NOTTINGHAM PARK -
PLAYGROUND DESIGN COMPLETED WITH CITIZEN
COMMITTEE – MARKETING PLAN COMPLETED –
TRAILS MASTER PLAN UPDATED
CURRENT CHALLENGES
IDENTIFYING & NURTURING A DIVERSE &
SUSTAINABLE YEAR-ROUND SCHEDULE OF
CULTURAL EVENTS - SUMMER REVENUE, WHEN
MEASURED BY SALES TAX, LAGS WINTER RECEIPTS
STRATEGIES
Tier 1 Priorities
Prepare, with consultant services, a GOCO grant to relocate and upgrade the Harry A. Nottingham Park
Playground; with successful funding and grant match construct the new Destination Jump, Splash, Learn
playground
Continue to solicit, develop and fund, in partnership with qualified producers, a diverse program of
vibrant arts, educational, cultural and recreational offerings at the Pavilion & Mall, as directed through
the annual Town Council review of all offerings. In particular, seek to add live theater as a desired multi-
day or evening festival. Expand use of the Pavilion in shoulder seasons to local band productions, which
are low key and low budget, such as a battle-of-the-bands or open mike nights.
Implement the adopted Avon Recreational Trails Plan as prioritized and adopted by the Avon Town
Council, as soon as possible; pursue construction grants
Tier 2 Priorities
Build photo monuments around the commercial core to memorialize Avon’s history
Evaluate a Scientific and Cultural District to provide funding to Walking Mountains educational programming
and Avon’s cultural activities
Identify locations for the installation of outdoor percussion instruments and fund in the Capital Projects Fund,
when feasible
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On-going
When approving Town funded or supported festivals and events which offer alcoholic libations, require
that the sponsoring non-profit is an Avon community grant recipient or locally based nonprofit.
Support regional World Class events and the Walking Mountains School
As appropriate, share the results of the Community Survey with potential business interests in terms of
types of businesses and services desired in Avon
Maximize the grant resources available through potential sources available such as through the Office of
Economic Development and International Trade, including its new Outdoor Industry Recreation Office; a
Scientific & Cultural Facilities District, and Department of Local Affairs
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Strategic Plan
Fiscal Years 2017-18
PROVIDE A RESPONSIVE, CUTTING-EDGE
& EFFECTIVE GOVERNMENT
Ensure that Town government is managed and operated as a “competitive” business and in a manner which is
client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing
best practices, and using Town resources effectively and efficiently in each department. Ensure the Avon Police
Department is fully invested and highly successful as a community policing agency for the Town. Provide for
the development of capital projects, which support the community-resort economy, and promote the Town
brand through a five-year capital investment plan, utilizing appropriate funding mechanisms such as pay-as-you-
go, new mill levy and/or current tax receipt long-term debt. Support a work culture that is flexible, innovative
and resilient to change.
RECENT SUCCESSES
COUNCIL STRATEGIC PLAN ADOPTED – POLICE
STATION DESIGNED & BALLOT ISSUE FOR FUNDING
APPROVED – PURCHASE OF NEW TOWN HALL -
BALANCED BUDGETS/RESERVES MAINTAINED - CIVIC
ENGAGEMENT PROGRAMS - EXPENDITURE SAVINGS -
DEFFERED MAINTENANCE FUNDING
CURRENT CHALLENGES
CIVIC ENGAGEMENT OUTREACH CHALLENGES -
LABOR FORCE COMPETITION - COMPETING FOR
GRANTS FOR PUBLIC PROJECTS – FULL
IMPLEMENTATION OF COMMUNITY POLICING
PRACTICES IN THE POLICE DEPARTMENT
STRATEGIES
Tier 1 Priorities
Complete construction of the new Police Station at the Public Safety Facility and staff relocation, in an
amount not exceed $6.5 million dollars
With Design Committee oversight, complete construction of the new Town Hall and staff relocation, in
an amount not to exceed $3.0 million dollars
Expand the participation in the Second Annual Town Clean-up Day with earlier marketing and community
picnic after the completion of the clean-up
Implement the Marketing Plan’s 2017 priorities: 1) Pool marketing resources among departments for
cross promotion and integrated communication; 2) Develop partnerships with local and regional
businesses to keep these entities updated on Town priorities and activities; 2) Continue Town Council
festival booth outreach, host coffee chats and create stand-alone displays; 3) Evaluate 2016 wayfinding
investments and expand for the visitor/resident experience; 4) Create a regional media strategy; 5) Focus
social media by audience; and 6) Rebrand transit
Support the Police Department under a “community policing” philosophy through outreach to other
resort communities to learn about successful practices, implementing and monitoring successful
practices; and through analyzing call data and workloads to schedule and direct policing duties under the
best practices community policing standards for resort communities
Participate in the Mountain Connect broadband community; develop a program to ensure fiber is proactively
developed in Avon as growth occurs
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Identify location(s) and cost(s) for the development of one or more dog parks in Avon or nearby in
partnership with Eagle-Vail
Develop a pedestrian lighting plan for Nottingham Park to increase late night safety
Tier 2 Priorities
For Nottingham Road, conduct an engineering assessment to 1) investigate the stability and condition of
the road; and 2) ability to expand the paved surface to improve pedestrian safety and access
In a collaborative work group, with Eagle County, its municipalities and major metropolitan districts,
review Eagle County’s revenues and expenditures apportionment
Plan and budget for the development of Lot 5, in the Five Year Capital Improvements Plan, including adding a
reserve line item for an equipment and vehicle storage facility and future office space
Seek a short-term title sponsor for the Avon Performance Pavilion.
On-going
Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails; appropriating
deferred maintenance funds as required, and seeking long term debt approval, when appropriate
Provide strategic Council leadership, consistently practicing open and transparent government
Maintain and consistently evaluate a strong civic engagement program, including ad hoc committees, a
bi-annual community survey, volunteerism program, etc.
Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient to
economic fluctuations; transfer surplus funds to capital projects
Continue to develop annual department work plans, which are measurable and maintain accountability
Hold annual or bi-annual sessions in joint meeting settings with government partners