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TC Res. No. 2005-10 AMEND THE 2005 TOWN OF AVON BUDGETTOWN OF AVON, COLORADO RESOLUTION NO. 05-10 SERIES OF 2005 A RESOLUTION TO AMEND THE 2005 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING ; THE 2005 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2005, AND ENDING ON THE LAST DAY OF DECEMBER, 2005. WHEREAS, the Town Council of the Town of Avon has adopted the 2005 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2005; and WHEREAS, the Town Council finds`it necessary to amend the 2005 budget to more accurately reflect the revenues and expenditures for 2005; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are amended as follows for 2005: Original or Current Previously Proposed Amended Amended 2005 2005 Budget Budget General-Fund Beginning Fund Balance $ 3,880,135 $ 3,880,135 Revenues and Other Sources 10,413,978 10,413,978 Expenditures and Other Uses 10,398,356 10,408,356 Ending Fund Balance $ 3.895.757 3.885.757 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 8th day of March 2005. Z`!TO F AVON, ZORADO Ronald C. Wolfe, Mayor ATTEST: P"2) rqc- - Pa Kenny; Tow" !`%a as 36, . ewoea S K 1 3 L Resolution No. 05-10 Amend 05 Budget Page 2 of 2 General Fund #10 Amendment #2 mm Fund Summa_ Final Original or Current Revised Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2003 2004 2005 2005 (Decrease) REVENUES Taxes $ 6,396,695 $ 6,530,377 $ 7,017,344 $ 7,017,344 $ - Licenses and Permits 186,948 213,600 136,600 136,600 - Intergovernmental 623,070 697,440 693,099 693,099 - Charges for Services 1,655,017 1,876,089 1,965,579 1,965,579 - Fines and Forfeitures 56,866 50,750 50,750 50,750 - Investment Earnings 102,573 125,000 150,000 150,000 - Other Revenue 265,693 234,702 272,106 272,106 - Total Operating Revenues 9,286,862 9,727,958 10,285,478 10,285,478 - Other Sources Sales of Fixed Assets 378 1,500 1,500 1,500 - Transfer-In From Capital Projects Fund 200,000 50,000 50,000 50,000 - Capital Lease Proceeds 339,000 75,800 77,000 77,000 - Total Other Sources 539,378 127,300 128,500 128,500 - TOTAL REVENUES $ 9,826,240 $ 9,855,258 $ 10,413,978 $ 10,413,978 $ - EXPENDITURES General Government Community Development Public Safety Public Works Recreation and Culture Total Operating Expenditures Other Uses $ 1,432,538 $ 1,584,847 $ 1,653,519 $ 1,663,519 $ 10,000 416,569 507,129 523,231 523,231 - 1,557,109 1,648,650 1,712,244 1,712,244 - 2,515,157 2,629,455 2,799,207 2,799,207 - 1,939,224 2,040,771 2,111,853 2,111,853 - 7,860,597 8,410,852 8,800,054 8,810,054 10,000 Transfers-Out to Mall Maintenance - - 15,000 15,000 - Transfers-Out to Debt Service 480,120 480,120 482,615 482,615 - Transfers-Out to Wildridge SID - 2,500 8,000 8,000 - Transfers-Out to Finance Authority 140,059 137,999 132,687 132,687 - Transfers-Out to Transit 700,000 390,000 800,000 800,000 - Transfers-Out to Sherwood Meadows 150,000 123,964 - - - Transfers-Out to Fleet Maintenance 220,000 190,000 160,000 160,000 - Total Other Uses 1,690,179 1,324,583 1,598,302 1,598,302 - TOTAL EXPENDITURES 9,550,776 9,735,435 10,398,356 10,408,356 10,000 NET SOURCE (USE) OF FUNDS 275,464 119,823 15,622 5,622 (10,000) FUND BALANCES, Beginning of Year 3,484,848 3,760,312 3,880,135 3,880,135 - FUND BALANCES, End of Year $ 3,760,312 $ 3,880,135 $ 3,895,757 $ 3,885,757 $ (10,000) Page 1 6 General Fund #10 Amendment #2 Final Original or Current Revised Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2003 2004 2005 .2005 (Decrease) Taxes: 51101 General Property Tax 51102 General Property Tax - Delinquent Collections 51103 General Property Tax - Interest 51201 Specific Ownership Tax 51301 Sales Tax 51302 Utility Tax 51303 Accommodation Tax 51304 Penalties and Interest 51305 Sales Tax Audit Assessments 51306 Payments- In-Lieu-Of Sales Tax 51402 Franchise Fees 51000 Total Takes - Licenses and Permits: 52101 Liquor Licenses 52102 Business Licenses 52103 Contractor's Licenses 52201 Building Permits 52203 Plumbing Permits 52204 Mechanical Permits 52205 Road Cut Permits 52206 Other Licenses and Permits 52000 Total Licenses and Permits Intergovernmental: Federal Grants: 53199 Other Federal Grants Subtotal: Federal Grants State Grants 53299 Other Subtotal: State Grants State/County Shared Revenue: 53301- Conservation Trust 53302 Motor Vehicle Registration 53303 Highway User's Tax 53304 Cigarette Tax 53305 County Sales Tax 53306 Road & Bridge Fund Subtotal: Shared Revenue 53000 Total Intergovernmental $ 1,290,623 $ 1,309,558 $ 1,370,489 $ 1,370,489 $ - - 100 100 100 - 2,642 1,500 1,500 1,500 - 147,760 155,000 155,000 155,000 - 4,125,558 3,989,977 4,106,378 4,106,378 - - 116,981 125,000 130,000 130,000 - - - 322,400 322,400 - 18,407 15,000 15,000 15,000 - - - - 20,000 20,000 - 449,231 629,242 576,477 576,477 - 245,493 305,000 320,000 320,000 - 6,396,695 6,530,377 ' 7,017,344 7,017,344 5,736 3,500 3,500 3,500 - 20,415 20,000 20,000 20,000 - 13,715 10,000 10,000 10,000 - 111,951 150,000 82,000 82,000 - 12,990 12,000 7,500 7,500 - 14,992 12,000 7,500 7,500 - 7,149 6,000 6,000 6,000 - - 100 100 100 - 186,948 213,600 136,600 136,600 - 15,151 8,640 - - - 15,151 8,640 - - 11,212 12,000 9,954 9,954 - 11,212 12,000 9,954 9,954 - 53,824 53,000 53,000 53,000 - 20,261 20,000 20,000 20,000 - 141,582 141,759 147,645 147,645 35,255 35,000 35,000 35,000 - 224,836 304,541 305,000 305,000 - 120,949 122,500 122,500 122,500 - 596,707 676,800 683,145 683,145 - 623,070 697,440 693,099 693,099 - Page 2 General Fund #10 Amendment #2 77 , -71 << R>enue ~etat - - _a Account Number Description Charges for Services: General Government: 54101 Sale of Map and Publications 54102 Photocopying Charges 54103 License Hearing Fees 54104 Other Fees and Charges 54201 Plan Check Fees 54202 Subdivision Review Fees 54203 Design Review Fees 54204 Animal Control Fees 54205 Abatement Services 54301 Police Reports 54302 Police Contract Services 54303 Fingerprinting Fees 54304 VIN Inspection Fees 54305 False Alarm Fees/Misc Police Dept Fees 54452 Sherwood Meadows Maintenance Charges 54453 Village at (Avon) Municipal Services Subtotal: General Govern. Recreation Facility: 54601 Admission Fees 54602 Program Fees 54603 Rentals 54604 Merchandise Sales 54605 Childcare 54606 Rec Center Services 54607 Fitness Program Revenues 54608 Locker Rental Other Recreation: 54651 Adult Program Revenues 54652 Cabin Equipment Rentals 54653 Athletic Field Rentals 54654 Cabin Concessions 54655 Youth Program Revenues 54676 Sponsorships 54677 Advertisements 54678 Event Fees Subtotal: Recreation 54000 Total Charges for Services Final Original or Current Revised Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2003 2004 2005 2005 (Decrease) 361 500 500 500 1,483 1,500 1,500 1,500 100 100 100 100 1,844 1,500 1,500 1,500 98,549 85,000 59,800 59,800 218,058 94,000 15,000 15,000 34,305 20,000 15,000 15,000 120 120 100 100 1,535 100 100 100 6,032 6,000 6,000 6,000 4,713 6,750 6,750 6,750 1,872 2,500 2,500 2,500 11,718 17,750 17,750 17,750 1,531 - - - 143,310 396,005 521,268 521,268 525,531 631,825 647,868 647,868 - 836,190 953,794 998,458 998,458 - 39,148 40,546 40,546 40,546 - 3,192 500 4,000 4,000 - 8,111 10,400 10,400 10,400 - 12,711 17,000 17,000 17,000 - 16,292 17,000 17,000 17,000 - 8,626 6,554 8,947 8,947 - 150 150 300 300 - 14,770 14,720 15,740 15,740 - 38,119 30,600 30,600 30,600 - 2,224 4,000 3,000 3,000 - 5,223 4,000 5,000 5,000 - 71,344 50,000 61,720 61,720 - 50,050 72,000 82,000 82,000 - 3,750 5,000 5,000 5,000 - 19,586 18,000 18,000 18,000 - 1,129,486 1,244,264 1,317,711 1,317,711 - 1,655,017 1,876,089 1,965,579 1,965,579 - Page 3 nn General Fund #10 Amendment #2 - - - - - - - ReiienueDetai 77 Account Number Description Fines and Forfeitures: 55101 Court Fines - Traffic 55102 Court Fines- Criminal 55103 Court Fines =Parking 55104 Court Fines - General 55105 Court Costs 55106 Jury Fees 55107 Bond Forfeitures 55108 Miscellaneous Court Revenues 55boo total Fines and Forfeitures Investment Earnings: 57101 Interest 57000 Total Investment Earnings Other Revenues: 56101 Recreational Amenity Fees 58103 Recreational Impact Fee 58106 Community Enhancement Fees 58109 Debt Issuance Fees 58201- Lease of Tdwn-Owned Property , 58999 Miscellaneous Nonclassified, Revenues 58000. Total Other Revenues 50000 TOTAL REVENUES Final Original or Current Revised Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2003 2004 2005 2005 (Decrease) 19,767 15,000 15,000 15,000 - 26,661 25,006 25,000 25,000 - 3,357 5,000 5,000 5,000 - - 500 500 500 - 4,908 4,000 4,000 4,000 - 35 200 200 200 - 900 900 900 900 - 1,238 150 150 150, - 56;866 50,750 5050 50,750 - 102,573 125,000 150,000 150,000 - 102,573 125,000 150,000 150,000 - 89,612 135,978 171,206 171,206 - 70,224 - - - - 44,767 42,824 45,000 45,000 - 20,997 11,900 11,900. 11,900 - 1,000 4,000 4,000. 4,000 39,093 40,000 40,000 40;000 - 265,693 234,702 272,106 272,106 $ 9,286,862 $ 9,727,958 $ 10,285,478 $ 10,285,478 $ - Page 4 g General Fund #10 Amendment #2 -77 Department Ex nditure Summaries Final Original or Current Revised Prev. Amend. Proposed Difference Dept./Div. Actual Budget Budget Amendment Increase Number Description 2003 2004 2005 2005 (Decrease) General Government: Legislative: 111 Mayor and Town Council $ 92,299 $ 95,752 $ 103,392 $ 103,392 $ - 112 Boards and Commissions 11,591 15,342 15,602 15,602 - 113 Town Attorney 62,860 106,000 80,000 80,000 - 114 Public Relations 75,658 72,890 100,510 110,510 10,000 115 Town Clerk 77,842 100,889 91,718 91,718 - Total Legislative 320,250 390,873 391,222 401,222 10,000 Judicial: 121 Municipal Court. Executive: 131 Town Manager 132 Human Resources Total Executive Finance Department: 141 Finance 142 Information Systems 149 Nondepartmental Total Financial Administration Total General Government Community Development: 211 Administration 212 Planning 213 Building Inspection Total Community Development Police Department: 311 Administration 312 Patrol 313 Investigations 315 Neighborhood Services Total Police 68,967 77,236 85,318 85,318 - 213,099 236,083 252,254 252,254 - 107,643 113,958 113,518 113,518 - 320,742 350,041 365,772 365,772 - 416,985 451,766 479,409 479,409 - 114,710 128,761 131,588 131,588 - 190,884 186,170 200,210 200,210 - 722,579 766,697 811,207 811,207 - 1,432,538 1,584,847 1,653,519 1,663,519 10,000 100,926 112,855 129,659 129,659 - 121,773 166,986 210,712 210,712 - 193,870 227,288 182,860 182,860 - 416,569 507,129 523,231 523,231 - 262,510 270,550 278,010 278,010 - 1,131,195 1,286,772 1,336,510 1,336,510 - 82,300 91,328 97,724 97,724 - 81,104 - - - - 1,557,109 1,648,650 1,712,244 1,712,244 - Page 5 q General Fund #10 Amendment #2 De airtxitenEx ~enii~Summarr_es~ - Final Original or Current ' Revised Prev. Amend. Proposed Difference Dept./Div: Actual Budget Budget Amendment Increase Number Description 2003 2004 2005 2005__ _-.(Decrease)_ Public Works: - 411 Administration 127,614 89,504 92,174 92,174 - 412 Engineering 336,581 278,031 273,012 273,012 - 413 Roads and Streets 1,057,039 1,127,727 1,204,025 1,204,025 - 414 Facilities Maintenance 289,914 334,542 385,388 385,388 - 415 Parks 704,009 799,651 844,608 844,608 - Total Public Works 2,515,157 2,629,455 2,799,207 2,799,207 - Recreation and Culture: 513 Special Events 183,969 237,333 238,260 238,260 - 514 Administration 333,844 309,840 294,144 294,144 - 515 Adult Programs 83,476 87,242 45,346 45,346 - 516 Aquatics 377,420 372,447 380,250 380,250 - 517 Childcare - 54,501 62,531 37,688 37,688 - 518 Fitness 127,389 102,269 99,265 99;265 - 519 Front Desk 198,548 225,630 271,280 271,280 - 526 Maintenance 495,561 569,720 610,936 610,936 - 521 Youth Programs 84,516 73,759 87,483 87,483 - 522 Cabin - - 47,201 47,201 - Total Recreation and Culture 1,939,224 2,040,771 2,111,853 2,111,853 - TOTAL OPERATING EXPENDITURES $ 7,860,597 $ 8,410,852 $ 8,800,054 $ 8,810,054 $ 10,000 Page 6 \0 Town of Avon u TO: Honorable Mayor and Town Council Thru: Lary Brooks, Town Manager From Sett Wright, Finance Director Dateg March,3, 2005 Re: Resolution 05-10, Budget Amendment summa A budget amendment is proposed to the General Fund for a contribution to Vail Valley Community Television (Channel 5)in the amount of $10,000. Background: A request was made at the last Town Council worksession for a contribution in the amount of $10,000 -for the purchase of capital equipment. Subsequent to that meeting, staff has researched the Town's existing franchise agreement and discovered that a provision exists for the Town to create a PEG Access Equipment fund, funded by a surcharge of up to fifty cents ($.50) per subscriber, to be ufiTized solely for PEG access equipment and facilities. Funds granted under this provision must be allocated in accordance with an operating plan approved by the Town Council. The Town would retain title to all PEG equipment provided with thisfunding. Estimated revenues from the PEG Access Equipment surcharge, are estimated to be $12,000 to $15,000 per year. The Town Attorney and staff are continuing to research Eagle County's cable franchise agreements and its broadcasting and funding arrangements and will communicate those to Council once we have gathered all the information. Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Staff also recommends that it proceed with further research into creating the PEG Access Equipment fund and surcharge. Finally, staff recommends that the Town treat this $10,000 contribution as an advance against the 2005 PEG Access Equipment fund should it decide to implement the surcharge. Page 1 Town Manager Comments: ,f Attachments: A - Resolution 05-10 B - Summary of Proposed Amendment C -Pages 22-25 of the Town's current cable franchise agreement 0 Page 2 Avon elementary School 0850 W. Beaver Creek Blvd. • Upon the town constructing or upon the construction of additional municipal buildings or schools, which are passed by the grantee's cable system , such buildings or schools will be provided with the highest level of basic service, at no monthly charge. SECTION 7 SUPPORT FOR LOCAL CABLE ACCESS 7.1 PEG Access Operating Costs Upon completion of the system rebuild to Five Hundred Fifty Megahertz (550 MHz) capacity, the Grantor may request and the Grantee shall- provide up to a total of two (2) additional channels for PEG use. The Grantor may not submit such a request unless the PEG channel already being utilized is cablecaAing at least twenty (20) hours per month for a period of six (6) consecutive months, of locally produced -first run video programming on each channel already designated for PEG use, and; further, that additional contemplated PEG programming cannot effectively utilize the existing channel during the time it is available. 7.2 PROVISION OF PEG ACCESS EQUIPMENT AND FACILITIES. (a) Upon ninety (90) days written notice to Grantee by the Town, the Grantee shall provide a PEG Access Equipment fund up to fifty -cents ($.50) per subscriber per month for individual residential subscribers, and up to twenty-five cents ($0.25) per subscriber per month for subscribers subject to bulk-billing, to be utilized solely for PEG access equipment and facilities. PEG access equipment and facilities are defined to include, but not be limited to, • 22 X~ data communications terminal equipment as well as video equipment. (b) The PEG Access Equipment Fund shall be paid by Grantee to Grantor quarterly, on a concurrent basis with the franchise fee. If not expressly prohibited b~y Federal or State law or regulations, Grantee may' itemize on subscriber bills the PEG access grant as an "external cost" on subscriber bills, where the term "external cost" shall be as described in any applicable Federal Communications Commission rate regulations. If, at any time in the future, Federal or State regulations expressly prohibit such.an external cost treatment, then Grantee shall pay to Grantor, as compensation for the loss of the PEG Access Equipment Fund, the following amounts: (1) If the external cost treatment prohibition takes effect in the years one (1) through seven (7) of the franchise term, the sum of Fifteen Thousand Dollars ($15,000). (2) If the external cost treatment prohibition takes effect after the seventh anniversary of the effective date of the franchise, no compensation shall be required. W 23 ~v c), All funds under this grant shall be allocated in accordance with an operating plan approved by resolution of the Town Council. Each operating plan shall contain, as a minimum,-the following information: (1) List of intended PEG users. (2) Planned type and level of programming or communications service for each user. (3) Capital equipment, facilities and estimated costs required to support the intended uses. This shall include a survey of existing publicly-owned equipment that might be available for the intended purposes. (4) User commitments by the Grantor or a PEG user to cover operating expenses for at least a three (3) year period. (5) An evaluation that the existing public facilities and equipment are inadequate to meet the needs of the operating plan. 73 PEG OPERATIONS The Grantor may negotiate agreements with neighboring jurisdictions served by the same cable system, 24 d educational institutions, or others to share operating expenses as appropriate. The Grantor and the Grantee may negotiate an agreement for management of PEG'faciiities and/or channel capacity, if so desired by the parties. 7.4 TITLE TO PEG EQUIPMENT The Grantor shall retain title to all PEG equipment provided with funding-made available in accordance with the above. SECTION 8 FRANCHISE TRANSFER 8.1 Franchise Transfer, a. The Grantee shall not sell, transfer, lease,'assign, sublet or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the Franchise or any of the rights or privileges therein granted, without.the prior'consent of the Town, which consent shall not be unreasonably denied or delayed: Any attempt to sell, lease, assign or otherwise dispose of the Franchise without the consent of the Town shall-be null and void. The granting of a security interest in any of the Grantee's assets, or any mortgage or other hypothecation, shall not be considered a transfer for the purposes of this section. The transfer of the Franchise from one wholly-owned subsidiary of a Grantee's ultimate parent company to another wholly-owned subsidiary of Grantee's parent company shall not require Town consent. • 25