TC Minutes 08-28-19840
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MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
AUGUST 28, 1984 - 7:30 P.M.
The regular meeting of the Town Council of the Town of Avon was
held in the Municipal Building, 400 Benchmark Road, Avon,
Colorado, in the Council Chambers .
The meeting was called to order by Mayor Allan Nottingham at 7:30
p.m. A roll call was taken with Clint Watkins, Sheila Davis,
A.J. Wells, Al Connell, Steve Miller, and Don Buick present. Also
present were Town Attorneys John Dunn and Art Abplanalp, Town
Manager Bill James, Planning Director Jim Lamont, Director of
Public Works Norm Wood, Superintendent of Public Works Dan Sunday,
Chief of Police Joe Olson, as well as members of the Planning and
Zoning Commission, press, and public.
The Mayor called for Citizen Input.
Mr. Joe Macy, with Vail Associates, Inc., approached the Council.
Mr. Macy requested that the Town of Avon participate in the cloud
seeding program, for Beaver Creek Mountain, for the 84-85 ski
season. The purpose of the program being to augment early season
snowfall. He stated that the estimated program cost would be
$25,856, which would be split as follows: Vail
Associates-512,928; Beaver Creek Resort Company-53,258; Town of
Avon-59,799. The program would begin November 1, 1984. The funds
would be paid on a monthly basis. Mr. Macy stated that this year
they were including a "suspension" rate. He stated that, if they
do suspend the program for a month, the suspension rate would be
reduced to 60% of the normal monthly service cost. After
discussion, the Council agreed to support and participate in the
program. There was $4,900 in this year's budget that was not used
last year for cloud seeding. The balance would be considered in
the 1985 budget. The Mayor thanked Mr. Macy for his presentation.
Mr. George Rosenberg approached the Council. Mr. Rosenberg is a
candidate for County Commissioner for District #2. He stated that
he had been talking to different Boards throughout the County, and
had some ideas that might have some value. One was that the
Federal Government was mandating more and more programs back to
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the local units of government, but not sending the funds back to
carry out those programs. Mr. Rosenberg was proposing an
Intergovernmental Leadership Conference. This would include all
seven Town Boards, County officials, and possibly someone from the
State and the Federal Government. This conference would be held
once a year to discuss ways to economize and become more
efficient. The second idea would be to form an Eagle County
Economic Development Board. The County would actually put money
behind this Board and make it official. That Board would also
discuss efficiency, economy of scale and cost of efficiencies.
Discussion followed.
The Mayor thanked Mr. Rosenberg for his presentation.
Mr. Terry Halverson, representing the Chamber of Commerce,
approached the Council. He stated that the Chamber had put an
item into their budget for doing an Information Center. The
Center would be located someplace off of the Avon Exit. He stated
that the Chamber was looking for matching funds of $15,000 from
the Town of Avon. The Chamber has put in $15,000. He stated that
they have contacted some of the members of the Chamber and have
gotten offers of gifts, doing work at cost, etc. He stated that,
working with Norm Wood, a figure of $30,000 was arrived at for the
construction of an Information Center. The building would be
approximately 26' x 26' in size. He stated that VA had offered
the Spring House, a historic house, to use as an Information
Center. He stated that the Center would be a benefit to the whole
community. Councilwoman Davis was concerned about whether the
Town could afford the $15,000 contribution. Mr. Halverson stated
that the $15,000 would be in addition to the $35,000 for the
Directorship that the Town is contributing to the Chamber.
The Mayor felt that the Information Center was essential to the
area.
The Town Manager stated that the request could be taken into
consideration, along with all the other requests. He stated he
was not concerned about funding it for this year out of the monies
for this year, but his concern was carrying the monies forward
until next year.
Mr. Halverson stated the Chamber was looking for a donation of
land to use so they would not have the land cost.
Discussion followed.
Mr. Halverson stated that they would come back to the Council, at
a later date, with more information.
Judy Lofland, Chamber Director, stated the Chamber had just
received a copy of the ad that was placed in the Colorado Ski
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Country magazine. The Central Reservations are now set up. Ms.
Lofland stated that one of the methods for distribution was going
to be 25,000 card requests for information that would be sent out
and returned to the Chamber. That way, the Chamber would be able
to put together an excellent mailing list.
The Mayor thanked Mr. Halverson and Ms. Lofland for their
presentation.
There being no further Citizen Input, the Mayor closed the
discussion.
Second reading of Ordinance No. 84-10, Series of 1984, AN
ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT OF A SYSTEM TO GOVERN
THE ADMINISTRATION OF TRANSFERS AND DIVISIONS OF DEVELOPMENT
RIGHTS IN THE TOWN OF AVON, COLORADO, PROVIDING PENALTIES FOR THE
VIOLATION THEREOF, AND DIRECTING DEVELOPMENT OF A COMMUNITY MASTER
PLAN.
This was a public hearing.
Mr. Jim Lamont briefly reviewed the history of the preparation of
the ordinance. Mr. Lamont reviewed the changes and corrections
made at the last meeting. Art Abplanalp stated that Section 11
should be deleted because it was repetitious, and that the
standard Severability Clause should be inserted into the
ordinance.
Councilman Wells stated that he had some corrections, as follows:
- Page 2, Paragraph E should be deleted
" Paragraph 11-B, after the word "chapter", add "which
process shall be approved by the Town Council prior to
implementation"
- Page 3, 1st Paragraph, after the word "of", add "Residential";
after the word "available", add "shall be divided"
" Paragraph D, after the word "applicant's", add "elec-
tion pursuant to the administrative procedures estab-
lished"
- Paragraph F, 1st line, after the word "Total", add
"maximum"; after the word "Area", add "of units
fractionalized under this chapter shall be";
3rd line, after the word "of", add "Residential"
7th line, after the word "unit", add "fractionalized
under this chapter"
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Paragraph G, 7th line, after the word "being", add
"triplexes"
" Paragraph H, 2nd line, after the word "project, add
"which includes units fractionalized under this chapter"
7th line, after the word "whole", add "Residential" and
capitalize "Development Rights"
- Page 4, Paragraph 17.08.205, add "or DR" to the title
2nd line, add "or DR"
" Paragraph 17.08.265, 2nd line, after the word "room",
add "(disregarding a bathroom and closet)"
- Page 5, Paragraph 17.08.345, change title to read "Hotel-Lodge
Development Right or Hotel-Lodge DR"
Paragraph 17.08.585, change title to read "Residential
Development Right or Residential DR"
3rd line, after "Residential", change "Development
Right" to "DR"
- Paragraph 17.08.355, 4th line, change "cooling" to
"cooking"
8th Paragraph, add the Severability Clause, to read:
"If any part, section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be
invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance, and the
Town Council for the Town of Avon hereby declares it
would have passed this Ordinance and each part,
section, subsection, sentence, clause, or phrase
thereof, irrespective of the fact that any one or more
parts, sections, subsections, sentences, clauses, or
phrases be declared invalid."
Lengthy discussions were included with these changes. Al Connell
moved to set Ordinance #84-10 aside for action at the next regular
Council meeting. The motion was seconded by Don Buick. It was
stated that the ordinance be proof-read before the next meeting,
corrected as suggested, and that the public hearing be continued.
The Council recessed at 9:55 p.m. and reconvened at 10:00 p.m.
Resolution No.
SPECIAL REVIEW
CHRISTIE LODGE,
SUBDIVISION.
This resolution
84-30, Series of 1984, A RESOLUTION GRANTING A
USE FOR REDUCTION IN PARKING REQUIREMENTS FOR
LOT 25, BLOCK 2, BENCHMARK AT BEAVER CREEK
was carried over
from the August 14th Council
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meeting. Dennis Cole approached the Council. He stated that
letters were sent to each of the commercial unit owners, on behalf
of the Board of Directors, explaining what they were doing in
regard to the parking reduction for Christie Lodge. Councilman
Connell had concerns about giving the reduction. He stated he
would agree to the seven parking spaces, but not the 29 spaces.
Councilman Watkins suggested that the wordage be changed in the
resolution, as follows: Page 2, 2nd line, delete "substantially";
4th line, change "is" to "could be". He felt that some amendments
should be made to the parking ordinance.
Discussion followed.
Clint Watkins moved approval of Resolution No. 84-30, Series of
1984, with changes as follows: Page 2, 2nd line, delete "substan-
tially"; 4th line, change "is" to "could be". The motion was
seconded by Sheila Davis, and was unanimously carried.
Mr. Larry Kumpost, Planning and Zoning Commission member,
approached the Council. It was agreed by the Town Council that
the Planning and Zoning Commission look into amending the parking
ordinance, to possibly amend the section on parking reduction to
define what would be included in a large lot reduction and what
should be considered in a Special Review Use in order to get the
parking reduction.
Mr. Kumpost than proceeded with the discussion of Public Access
TV. He reviewed the report with the Council. He stated that,
after the meeting with the Vail Public Access TV Commission, the
two Commissions were in unanimous agreement on all the points
covered in the memorandum. Mr. Kumpost discussed the valley-wide
use of production facilities and air time, and the function,
operation, and funding of Public Access TV. It was suggested to
add a 7th item to the summary of recommendations for the Avon Town
Council to communicate to the Vail Town Council. The 7th
recommendation to read, "Any Public Access TV worth doing has got
to be Public Access TV worth watching.".
Discussion followed.
A.J. Wells moved to authorize the Mayor to sign a letter that
covers the six recommendations and the added 7th recommendation.
The motion was seconded by Sheila Davis, and was unanimously
carried.
The Mayor stated that he thought the Council should support the
Avon Advisory Board. (See attached memorandum dated 8/24/84 for
the Avon Public Access TV Advisory Commission)
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Resolution No. 84-34, Series of 1984, A RESOLUTION BY THE AVON
TOWN COUNCIL SHOWING APPRECIATION TO THE VAIL INSTITUTE, CHRISTINE
MCGINLEY, AND TOM DAVIES FOR THEIR CONTRIBUTIONS THt° THE 1984
BALLOONS, BLUEGRASS, AND BARBEQUE EVENT.
Don Buick moved approval of Resolution No. 84-34, Series of 1984.
The motion was seconded by Al Connell, and was unanimously
carried.
Resolution No. 84-35, Series of 1984, A RESOLUTION BY THE AVON
TOWN COUNCIL SHOWING APPRECIATION TO MAJOR SPONSORS FOR THEIR
CONTRIBUTIONS TO THE 1984 BALLOONS, BLUEGRASS, AND BARBEQUE EVENT.
Clint Watkins moved approval of Resolution No. 84-35, Series of
1984. The motion was seconded by Al Connell, and was unanimously
carried.
Resolution No. 84-36, Series of 1984, A RESOLUTION BY THE AVON
TOWN COUNCIL SHOWING APPRECIATION TO BALLOON SPONSORS FOR THEIR
CONTRIBUTIONS TO THE 1984 BALLOONS, BLUEGRASS, AND BARBEQUE EVENT.
Sheila Davis moved approval of Resolution No. 84-36, Series of
1984. The motion was seconded h~ "teve Miller, and was
unanimously carried.
Councilman Watkins stated that people spoke very highly of the
event and thought it was a great success.
Councilman Miller commended the staff on their organizational
preparation of the event, and felt it was very well organized.
The Town manager reported on Tract P.
There was a meeting held Monday, August 27th, with the school
district, Benchmark Companies, and the Town of Avon. Mr. James
reviewed the map showing the different divisions of the acreage
for the proposed joint water treatment plant, recreational
facilities, and the school with the Council. Some items that came
out of the meeting were" (A) that all three groups have to agree
on the Master Plan of the site; (B) the position of all three
groups as regards the contracts; (C) that Benchmark Companies made
two offers, 1) that if the contract was amended and executed, they
want a time certain on when the school would be built; 2) that in
five years the school district has to Master Plan what they need
for a school and say that they can build. Then, if they don't
intend to build on that portion, they have to release the land.
If they do intend to build, they then have another ten years to
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build, which is a total of fifteen years, plus the ten years
original, for a total of twenty-five years.
The Town Manager stated that Mr. Schwahn was taking those ideas
back to the school district and presenting them at their meeting
on September 5th. Councilman Buick felt that the school district
should be pinned down to a decision, and that decision should be
translated into contractual light so the Town can proceed with its
business with the Avon Consolidated Water District. Councilman
Connell felt that the Consolidated Water District should also
build the recreational facilities. Councilman Watkins stated he
had a problem with the whole matter, and with what the Town's
rights are. He proposed that the Council spend a little money and
get outside counseling to come in, review the documents, and give
an opinion as to what the Town's rights may be to Tract P. Mr.
Buick stated that, whatever the outside lawyer's opinion may be,
the Town would be looking at a court battle.
The Town Attorney stated that seeking any additional opinions on
the matter would be a waste of time and money. Councilwoman Davis
agreed. She stated that the Attorney for the school district
concurred; that the two decisions were the same.
Councilman Watkins stated he was not willing to just walk away
from the Town's rights. He suggested instituting a quiet title
action on the property and let Judge Jones decide what is right.
Councilman Buick stated he did not think it was worth taking that
step.
Discussion followed.
Councilman Buick stated that the Council would know a lot more
about the matter at the September 12th Council meeting.
No action was taken.
The Town Manager stated that an outline had been drafted regarding
work for the Master Plan and what would be accomplished in the
next few months. Mr. Lamont reviewed the outline with the
Council. (See memorandum dated 8/24/84 from Jim Lamont, Planning
Director)
The Town Manager stated that he now has job descriptions for 99%
of all Town employees. They would be filed in the Town Offices
for the Council's review.
Mr. James stated that there was an Accounts Payable, for a Mr. Joe
Buckley, in the amount of $578.00. Mr. Buckley put together a
revenue manual for the Town which defines each one of the revenue
sources; giving a description, legal reference, and the current
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fees for those revenues. He stated
submitted along with the budget.
scheduling requests for contributions
from various organizations, for the n
Rocky Mountain Airways would also
Session.
that the manual would be
Mr. James stated he was
and donations from the Town,
ext Work Session.
be scheduled for the Work
The Financial Matters were next presented to the Council.
A.J. Wells moved to receive items #1 through V. The motion was
seconded by Al Connell, and was unanimously carried.
Don Buick moved approval of the General Accounts Payable for
August 28, 1984. The motion was seconded by Clint Watkins, and
was unanimously carried.
Clint Watkins moved approval of Capital Projects Fund and the
Transit Fund of Accounts Payable for August 28, 1984. The motion
was seconded by Don Buick, and was unanimously carried.
Don Buick moved approval of the Reconciliation Sheet of Accounts
Payable for August 28, 1984. The motion was seconded by Sheila
Davis, and was unanimously carried.
It was agreed to consider sharing monies with Avon National Bank
when they become competitive.
The minutes of the July 24th Council meeting were next presented
to the Council. Don Buick moved approval of the July 24th minutes
with the following correction: Page 7, let it be known that Clint
Watkins voted "nay" for the continuation of the July 24th meeting.
With that correction, Al Connell seconded the motion and it was
carried, with A.J. Wells abstaining due to his absence from that
meeting.
Councilman Miller commended the Avon Police Department. He felt
that it was one of the best Avon has had for a long time.
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Councilman Connell stated, in regard to the Avon Golf Tournament,
that he wanted to thank everyone who participated in the
tournament for making it a success.
There being no further business to come before the Council, Don
Buick moved to adjourn. The motion was seconded by Steve Miller.
The meeting was adjourned by Mayor Nottingham at 11:40 p.m.
Respectfully Submitt
icia J. Do e, Town C erk
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MEMO
TO: Honorable Mayor and Town Council
FROM: Avon Public Access TV Advisory Committee
On Thursday, August 9, 1984, this Committee attended a meeting of
the Vail Cable TV Access Advisory Board at the Vail Town Offices.
The purpose of this meeting was to establish a dialogue between
the Advisory Boards of the two communities. After one meeting,
our Committee is not in a position to provide the Avon Town Council
with detailed recommendations for how a "Public Access" television
station should be run. However, we have all agreed on several
major points.
The following is a summary of our observations and conclusions:
VALLEY-WIDE USE OF PRODUCTION FACILITY AND AIR TIME
There was general agreement, of members of both Boards, that two
separate systems (i.e.: A Vail Station and an Avon Station) was
not justified, and that the two communities would derive mutual
benefit by combining efforts. This would also apply to other com-
munities currently being served by Heritage Cable TV. There was
further agreement that a formula could be developed, based on res-
idential and commercial cable TV hook-ups, that could establish
each community's proportional share of responsibility. This pro-
portional share concept raises several,questions, as follows:
1. Does a proportional share of financial responsibility
by a community mean that proportional use of the pro-
duction facility is guaranteed if requested?
2. Does a proportional share of financial responsibility
insure that a proportional use of air time is guaran-
teed if requested?
3. Perhaps the most important question is: Does a pro-
portional share of financial responsibility mean that
each community will have a proportional say in the
initial decisions as to the function, operation, and.
funding of the facility?
It is the opinion of this Committee that the answer to all three
questions listed above should be "yes". Proportional participation
of the affected communities should insure both proportional use and
representation. The third question, above, lists three major areas
of concern, as follows:
1. Function
2. Operation
3. Funding
All three of these areas of concern are interrelated. However, we
have addressed each one separately for your consideration.
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FUNCTION
What is "Public Access TV"?
There seem to be two divergent answers to this question.
One concept, as proposed by the majority of the Vail Advisory
Board, is that the facility should be used by anyone who would-
like to, for any purpose (within certain legal and moral con-
straints) as long as there is no use of the material outside of
the facility and there is no financial gain possible.
The second concept would allow payment for the use of the
facility, as a source of revenue, and subsequent rr:arketinq of the
product for financial gain. This could potentially be a source
of additional revenue for the facility by establishing a percent-
age of royalties owned by the local Public Access station, for
programming produced at the facility. This concept is not intend-
ed to imply that a commercial TV station, that has advertisements
on the air, be considered.
The decision as to which concept should be used requires an
answer to the following question: What level of program quality
is desired?
In the opinion of this Committee, the answer may lie in the com-
bination of both concepts. The training of local residents will
be an important requirement in developing and maintaining, a Public
Access station. The potential for a Producer, to be compensated
for time expended on a production, and the possibility of profit
(by the ability to market the final product) should have a posi-
tive effect on the level of program quality. The potential for
the Public Access station to share in revenues could help fund
the operation, including the training of local residents. While
the potential to generate revenue will not insure self-sufficiency,
this should be a goal to strive for.
OPERATION
In the opinion of this Committee, the use of the Public Access
station and the production facility should be controlled by a
Regional Board, comprised of representatives of each participa-
ting community. Representation should be proportional to the
number of cable subscribers in each community. This Regional
Board should be separate from local governmental control. While
we recognize the government's role, and in particular the Town
of Vail's role, in the establishment of Public Access TV, we do
not feel that government control of the operation is desirable,
especially in the year 1994. We recommend that this Regional
Board be formed prior to any conclusive determination of the
function or method of funding, since all the communities parti-
cipating should have the ability to help shape the basic nature
of the facility and its use.
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FUNDING
This is perhaps the most complex issue to be resolved. In our
opinion, the method of funding will directly affect the level
~4J of program quality. The current position of the majority of the
Vail Cable TV Access Advisory Board is to request $100,000.00
per annum funding from Heritage Cable TV, in addition to the
estimated $50,000.00 per annum cost of maintaining the current
facility. We feel that this method of funding will ultimately
be paid by the cable subscriber, and as such should be consider-
ed as a form of taxation. This method of funding may have a
negative affect on the level of program quality if it is the
only source of revenue.
If funding is automatic, there is less incentive to provide qual-
ity programming, since there is no requirement to justify the
existance of the facility. While this form of funding may be
necessary in the initial stages of development, the Public Access
TV organization should strive towards self-sufficiency.
Public Access TV worth doing should be Public Access TV worth
watching.
We do not feel that local government has a responsibility to pro-
vide free access of TV facilities to a relatively small number of
people at the expense of the consumer. If this method of funding
is pursued as the permanent and sole source of funds, we feel the
cable subscriber should have some say in the matter. Who would
want to pay for a facility that does not have an incentive to pro-
duce a level of programming worth watching?
This Committee would also offer the following information for the
Council's consideration:
Avon, and the other unincorporated areas served by Heritage
Cable TV, currently receive a similar service, at a similar cost,
as is provided to the Town of Vail. Heritage Cable TV has indi-
cated their intention to unite the systems and their desire to
provide an identical service at an identical cost to the consumer.
If you accept the idea that the cost of Public Access TV, if fund-
ed by the cable company, is passed on to the consumer than you
arrive at the. conclusion that we will be paying our share of the
cost of Public Access TV, and are already paying our share of the
cost of the existing facility. We feel that this observation
should be carefully considered by all the communities served by
Heritage Cable TV, and also feel that this point supports our rec-
ommendation for forming a Regional Board.
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In summary is a list of our recommendations for the Avon Town
Council to communicate to the Vail Town Council.
1. A Regional Advisory Board for Public Access TV for
all areas served by Heritage Cable TV.
2. The Regional Advisory Board should be independent
and separate from any government operation.
3. The Regional Board should be comprised of repre-
sentatives from all areas.
4. Facilities and equipment should be shared by all
areas.
5. Funding of Public Access TV should strive toward
self-sufficiency.
6. The Regional Board should hold public hearings in
the evening, when it will be easy for the public,
particularly the cable subscriber, to attend.
The location of these meetings should rotate among
the participating communities.
RESPECTFULLY SUBMITTED:
Avon Public Access TV Advisory Committee
Larry Kumpost
Jerry Davis
Al Connell
ATTACHMENTS
LK/brj 8-24-84
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PROPOSED EXPENSES OF COMMUNITY ACCESS STUDIO
4. "
M-. See Assumptions
Director
Salary & Benefits
Expenses
Studio Expenses
Office Supplies
Tapes
Additional Capital Eqpmt
Small Item Denrec.
Misc. Props-General
Advertising/Promotion
including ads, direct
mail, etc.
Special Grants
?Miscellaneous
$3,650
100
25
350
Soo
100
50
500
1,250
500
$7,325 x 12 = 07,900
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MOTION
To: Vail Town Council
From: Vail Cable TV Access Advisory Board
Re: Recommendations on franchise negotiations and the organi-
zation of a non-profit corporation to run cable public
access operations.
1. We recommend that the franchise agreement between Town of
Vail and Heritage Cablevision include the provision for $8,000.
per month to be paid directly to a non-profit organization (NPO).
It is necessary to pay this fee directly to the NPO to avoid any
legal complications. The per-month sum is a reasonable monetary
expectation based on a survey compiled at the recent national
Federation of Local Cable Programmers in Denver, Colorado, for a
closed system of our size. In the event of any rate increase to
subscribers, a provision should be made for.the same percentage
increase to be given to Public Access.
2. `'e recommend that the Town of Vail originate the NPO by
naming a seven member Board of Directors, five voting and two non-
voting, and issuing a $2,500 grant to the NPO Board to incorporate,
obtain necessary liability- insurance, and search for a full-time
cable access director. The terms of the Board meribers should be
for staggered durations with elections by the total to~%n electorate
coinciding ~,,ith the bi-yearly city- council elections. This will
enable the to\cn council To give the initial direction of the public
access without retaining control or legal exposure. The original
appointments by the town council for voting members should be for
T~,.o 2-year terms and three 4-year terms. The non-voting members
are appointed by the town council and the cable franchisee,
respectively, and do not have to have specific time durations
for service on the Board. These members serve as liaison between
the town council and the franchisee.
3. To make cable access a succes in the Tovin of Vail, it
will be necessary to plan for the surrounding towns' use and
funding of the facility's operation. 1',e recommend that the people
initially chosen for the Board of Directors have the philosophy
of allowing any area in the Vail Valley to negotiate use of the
facility by paying their share of the expenses based on the following
formula:
(percentage of applicant's total subscriber base to Town
of Vail's total subscriber base) n (1006 of Vail Public
Access Annual Budget) = Yearly Fee
Example: Applicant area has one-fifth the subscriber population
of Town of Vail. If Vail's Public Access budget is
currently $100,000 per year, then applicant pays
$20,000 per year to have use of the facility for their
total population. The new budget for Public Access
would then be $120,000 per year.