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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. EXHIBIT  A:  AMENDMENTS  TO  AVON  TOWN  CODE  OF  ETHICS     Page 1 of 7 July 28, 2015 - FINAL   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 EXHIBIT  A:  AMENDMENTS  TO  AVON  TOWN  CODE  OF  ETHICS     Page 2 of 7 July 28, 2015 - FINAL   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; EXHIBIT  A:  AMENDMENTS  TO  AVON  TOWN  CODE  OF  ETHICS     Page 3 of 7 July 28, 2015 - FINAL   (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. EXHIBIT  A:  AMENDMENTS  TO  AVON  TOWN  CODE  OF  ETHICS     Page 4 of 7 July 28, 2015 - FINAL   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 EXHIBIT  A:  AMENDMENTS  TO  AVON  TOWN  CODE  OF  ETHICS     Page 5 of 7 July 28, 2015 - FINAL   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. EXHIBIT  A:  AMENDMENTS  TO  AVON  TOWN  CODE  OF  ETHICS     Page 6 of 7 July 28, 2015 - FINAL   (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 EXHIBIT  A:  AMENDMENTS  TO  AVON  TOWN  CODE  OF  ETHICS     Page 7 of 7 July 28, 2015 - FINAL   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. Pa g e 2 2017-18 STRATEGIC PLAN June 28, 2016 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. Pa g e 3 2017-18 STRATEGIC PLAN JUNE 28, 2016 Pa g e 4 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 June 28, 2016 Pa g e 5 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 2017-18 STRATEGIC PLAN June 28, 2016 Pa g e 6 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 2017-18 STRATEGIC PLAN June 28, 2016 Pa g e 7 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 2017-18 STRATEGIC PLAN June 28, 2016 Pa g e 8 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 2017-18 STRATEGIC PLAN June 28, 2016 Pa g e 9 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 PAGE 10 of 10  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