TC Packet 03-28-2017 Revised TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 28, 2017
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
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AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW)
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. MEETING PROCEDURES FOR THE MEETING OF MARCH 28, 2017 (5 MINUTES)
3.1. ACTION ITEMS
• PRESENTATION OF ITEM
• PUBLIC COMMENT – 3 MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY
OF COUNCIL AGREES TO A LONGER TIME
• COUNCIL DISCUSSION
• MOTION
• COUNCIL DISCUSSION
• VOTE
3.2. WORK SESSION & PRESENTATION ITEMS
• PRESENTATION OF ITEM
• COUNCIL DISCUSSION
• PUBLIC COMMENT – THREE (3:00) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS
MAJORITY OF COUNCIL AGREES TO A LONGER TIME
• COUNCIL DIRECTION
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA*
THREE (3:00) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL
AGREES TO A LONGER TIME (10 MINUTES)
5. PRESENTATIONS
5.1. POLICE DEPARTMENT PRESENTATIONS (POLICE CHIEF GREG DALY) (50 MINUTES)
5.1.1. DEPARTMENT PRESENTATION
5.1.2. SWEARING IN OF DETECTIVE TOBY BALDWIN AND NEW POLICE OFFICERS ERIC BENSON AND
JOHN MACKEY
5.1.3. PRESENTATION OF AWARDS
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 28, 2017
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
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6. WORK SESSION
6.1. LIQUOR LICENSING WORK SESSION (TOWN ATTORNEY ERIC HEIL) (35 MINUTES)
6.2. REVIEW OF TOWN COUNCIL AND PLANNING AND ZONING COMMISSION COMPENSATION TO CONSIDER
CHANGES (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) (20 MINUTES)
6.3. EAGLE COUNTY AGING WELL STRATEGIC PLANNING GROUP (PAT NOLAN) (20 MINUTES)
7. PROCLAMATION FOR MAYOR AND COUNTY RECOGNITION DAY FOR NATIONAL SERVICE
(MAYOR JENNIE FANCHER) (10 MINUTES)
8. ACTION ITEMS
8.1. PUBLIC HEARING SECOND READING OF ORDINANCE 17-04, BUSINESS LICENSE CHANGES, SALES TAX
DEFINITIONS, PANHANDLING (TOWN ATTORNEY ERIC HEIL) (10 MINUTES)
8.2. REVIEW AND ACTION TO FUND AVON REGIONAL TRANSIT FACILITY DOOR REPAIRS FROM THE CAPITAL
PROJECTS FUND CONTINGENCY LINE ITEM (TOWN ENGINEER JUSTIN HILDRETH) (10 MINUTES)
8.3. ACTION ON NOTICE OF AWARD FOR THE NOTTINGHAM PARK RESTROOM REMODEL
(TOWN ENGINEER JUSTIN HILDRETH) (10 MINUTES)
8.4. COUNCIL PRIORITIZATION OF SPECIFIC PROGRAMS AND PROJECTS FROM THE CLIMATE ACTION PLAN FOR THE
EAGLE COUNTY COMMUNITY (PLANNING DIRECTOR MATT PIELSTICKER) (45 MINUTES)
8.5. MARCH 14, 2017 MEETING MINUTES (TOWN CLERK DEBBIE HOPPE) (5 MINUTES)
9. WORK SESSION
9.1. IMPLEMENTATION OF THE MARKETING PLAN - COUNCIL SCHEDULE FOR COFFEE TALKS AND TOWN BOOTHS
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) (10 MINUTES)
10. WRITTEN REPORT
10.1. SUMMARY OF UPPER EAGLE REGIONAL WATER AUTHORITY FEBRUARY 23, 2017, REGULAR BOARD MEETING
11. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES)
12. ADJOURNMENT
_________________________________________________________________________
*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 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. Article VI. Public Comments, Avon Town Council
Simplified Rules of Order, Adopted by Resolution No. 16-20.
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TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Greg Daly, Chief of Police
Meeting Date: March 28, 2017
Agenda Topic: Police Department Presentations
SUMMARY
Honorable Mayor Fancher and Council members, there are five parts to the police
department presentation tonight:
1. Department update and end of year report on the Avon Police Department (included
in packet)
2. Department presentation on activity and accomplishments (included in packet)
3. Swearing In and Badge Pinning Ceremony for Officer Eric Benson, Officer John
Mackey and Detective Toby Baldwin
4. Retirement Presentations to Master Police Officer Bernie McGovern and Detective
Aurion Hassinger
5. Presentation of Life saving and other awards
3. Swearing In and Badge Pinning Ceremony
Tonight we will join Eric Benson and John Mackey and their families as they take their oaths
as two of Avon’s newest Police Officers and receive their badges. We also join Toby Baldwin
and his family as he takes his oath as Avon’s newest Police Detective and receives his badge.
Officer Benson, Officer Mackey and Detective Baldwin each participated in a robust,
challenging and comprehensive testing in January 2017.
It is a long-standing tradition in the First Responder Community that a Badging Ceremony is
held upon completion of Police or Fire Academy, and then upon subsequent promotions.
The badges are the visible signs of his or her role, responsibilities and authority in the
community.
Mayor Fancher will preside over the swearing-in. The Oath of Office, per Avon Ordinances,
will be administered by Town Clerk Debbie Hoppe.
Officer Benson’s wife, Corey, will pin his badge.
Officer Mackey’s father, Chief John Mackey, will pin his badge.
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Detective Baldwin’s wife, Amy, will pin his badge.
Congratulations to these individuals.
4. Retirement Presentations to Master Police Officer Bernie McGovern and Detective
Aurion Hassinger
As Chief of Police, it is with great pleasure and honor that I present retirement shadow
boxes containing their badges and department challenge coins (a policing tradition for
retiring police officers) to Master Police Officer Bernie McGovern and Detective Aurion
Hassinger.
Master Police Officer (MPO) Bernie McGovern is retiring after 19 years of service with the
Avon Police Department and after a total of 33 years of law enforcement service. MPO
McGovern has honorably served the residents and guests of Avon. He and his wife Andi plan
to travel from Basalt to California to enjoy their children and grandchildren.
Detective Aurion Hassinger has honorably served the Avon Police Department for 10 years.
He has decided to embrace his love of world traveling and travel to parts unknown.
We thank them both for their service to the residents and guests of Avon.
5. Presentation of Life saving and other awards
As Chief of Police, it is with great pleasure and honor that I recommend the following Avon
Police Department awards for 2016. These awards are to recognize staff members, who
have made exceptional individual contributions above and beyond their normal duties with
the Avon Police Department. In addition we are recognizing other first responders and
community members.
Lifesaving Medal – Awarded to members directly responsible for saving/prolonging a human
life. (Extended by days or weeks)
To Officer Brad Stamp and Deputy Lisa Vasquez for saving the life of a distraught, suicidal
female at the West Beaver Creek Bridge on December 25, 2016. They spoke with the female
while she hung precariously to the river side guard rail and they ultimately had to physically
drag her over the guard rail to save her life.
Citizen’s Award of Commendation – An award presented to a citizen who tangibly and
conspicuously provides outstanding assistance to the agency.
To Good Samaritan, Victor Lopez Calderon, who selflessly stopped and physically
assisted the officers and first responders on the scene of the suicidal incident on
December 25, 2016.
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To Danita Dempsey, Director of Festivals & Special Events, for her collaboration,
communication and passion for public safety during special events in the Town of
Avon. Danita has been a star regarding excellent preparation and planning of special
events and has ensured that all contingences are discussed and planned upon.
Chief’s Community Partnership Award – May be awarded to sworn and / or civilian member(s)
for demonstrating outstanding commitment to the community and law enforcement
profession through acts and accomplishments that promote a positive interaction between the
citizens of Avon and law enforcement.
• Member must demonstrate a significant and positive impact upon the community as a
result of voluntary active involvement in community projects and / or education,
outside of their law enforcement duties, that have improved the community as a whole.
• Member must also demonstrate exemplary service, conduct, and performance of duties
over a period of time that strengthens the Avon Police Department and the law
enforcement profession.
To Detective Toby Baldwin for his extraordinary coordination, contribution to the
growth and success of the Town of Avon’s National Night Out events over the last
four years. He had extraordinary communication with businesses in and outside of
Avon and garnered significant sponsorship and support from our business
community. These events bring our community together. In addition, Detective
Baldwin is recognized for his countywide coordination of the Gore Range DUI task
Force and DUI grants over the period of 18 months.
To Sergeant Matt Jamison for his extraordinary coordination and contribution to the
growth and success of the Citizens Police Academy and Latino Police Academy. He
coordinated the 8th Citizens Police Academy and the 4th Latino Police Academy in
2016.
Department Teamwork Citation – For a group of employees that came together as a team and
achieved exceptional results relating to a specific incident or event.
To Officer Bryan Mullet for his leadership in managing and coordinating the very
complex and successful 2016 National Night Out events. To Officer Jeff Briggs for his
extraordinary communication with businesses in and outside of Avon and for
garnering significant sponsorship and support from our business community. He also
played a crucial role in publicizing the event on our local radio station. To
Administrative Assistant Brenda Torres who conducted extraordinary outreach with
our Latino community and assisted with getting amazing donations from our
business community. Finally, to Administrative Services Officer Lacey Chon for her
managing and facilitating of the amazing gifts and donations that made the event so
successful.
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To Administrative Assistant Brenda Torres for her assistance with Latino Police
Academies and her fostering relationships between the Avon Police Department, The
Town of Avon and the Latino Community within and outside of the Town of Avon
To Officer Briggs and Officer Stamp for their contribution to the Kids Hoops and Cops
program at the Avon Elementary School. This program has been an excellent
opportunity to grow bonds between the youth of our community, particularly with
our Latino kids and the Avon Police Department.
To Officer Al Zepeda for his management and organization (supported by his wife
Kathleen) of the Special Olympics Torch run, Tip a Cop fundraising and Polar Plunge
events raising awareness and funds for our Special Olympians.
To Administrative Services Officer, Krista Jaramillo, for her outstanding commitment,
dedication and leadership of our Commission on Accreditation for Law Enforcement
Agencies (CALEA) national accreditation process. We have completed two separate
three year accreditation cycles and are about to be audited for our first year in our
latest four year accreditation cycle.
To Administrative Services Officer Lacey Chon for her commitment and assistance
with the Commission on Accreditation for Law Enforcement Agencies (CALEA)
national accreditation process. In addition ASO Chon is cited for managing the county
wide Gore Range DUI task force grants for 18 months.
Physical Fitness Award
To Detective Toby Baldwin who introduced the Wild Diet to many officers and staff at the
Avon Police Department. His dedication, commitment and mentoring has caused many staff
members to reduce weight and increase fitness. Detective Baldwin himself lost over 40
pounds. Detective Baldwin has contributed to a culture of lifestyle awareness and positive
change at the police department.
To Detective Aurion Hassinger who has been committed to his personal fitness and to his
ability to protect the Avon community. He holds the best time for the annual fitness
evaluation Essential Job Related Tasks Test (obstacle course) of 1:51. The pass time for the
course is 3:30.
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TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher & Avon Town Council
From: Greg Daly, Chief of Police
Date: March 28, 2017
Re: Avon Police Department Update and 2016 Annual Report
Department Overview
The Avon Police Department (APD) is a full-service municipal law enforcement agency responsible for 24/7 service to the Town
of Avon, with a population of 6410, as of 2013 U.S Census Bureau estimates. The Department consists of eighteen (18) sworn
police officers, two (2) non-sworn employees, one (1) part time non-sworn employee, one (1) part time seasonal (Summer) non-
sworn community response employee, and one (1) part time police officer. The 2017 Avon Police Department adopted budget is
$3,370,680, which is 19% of the Town’s general fund operating expenditures. Avon Police employees focus attention to the
Department’s Mission Statement and Goals on a day-to-day basis to ensure the safety and security of residents and visitors in
the community.
Administration of the Department
The Avon Police Department is administered by the Police Chief, and is assisted by a Deputy Chief. There are three front line
supervisors, two Patrol Sergeants and a Detective Sergeant. Each Patrol Sergeant oversees six (6) police officers, while the
Detective Sergeant supervises a detective, who collectively investigates major crimes, narcotic investigations and manages
major programs such as Police Training. The twelve (12) Patrol Officers and two (2) Patrol Sergeants work 11.5 hour shifts. The
patrol sergeants manage a day shift of three (3) officers and a night shift of three (3) officers. The patrol sergeants regularly
adjust their shifts to accommodate their officers and the priorities of the PD. The average officer shift staffing is approximately
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2.16 officers (out of 3 assigned patrol officers per shift) when training, vacation and other leave is subtracted from overall shift
hours. In addition, other officers may be patrolling as part of State grant funded DUI shifts on their days off.
Significant Activity since May 24, 2016 Written Report to Council:
Chief Ticer has tendered his resignation after serving six years as the Avon Police Chief. Chief Ticer is now the Chief of
Police for the City of Loveland, CO.
Avon Police Deputy Chief Greg Daly took over as the Interim Chief of Police pending the outcome of a national search
process for this position. Greg Daly was successful in the national search and became Chief of Police in August 2016.
Coby Cosper successfully tested in a national search for Deputy Chief of Police. He promoted to Deputy Chief in
November 2016.
As a result of the internal promotions, Jeremy Holmstrom and Matt Jamison promoted to patrol sergeants after
extensive testing.
Officer Toby Baldwin completed a rigorous testing process and was promoted to the rank of detective.
After an open new officer testing APD hired local Eric Benson and Summit County resident John Mackey as new police
officers.
Avon Police officers spent more time out of their cars on foot patrol and on bike patrol during the summer months. APD
more advanced riders rode the west Avon preserve and had great community interactions.
APD piloted a summer seasonal part time Community Response Officer/ community ambassador. This part time position
provided excellent opportunity to engage and educate the public regarding dogs off leash, parking and west Avon
preserve uses. The CRO handled 334 calls for service and issued 164 warnings from dogs off leash to summer parking
complaints.
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APD staff is working towards our first annual assessment of a four year assessment period for our full accreditation
through the Commission on Accreditation for Law Enforcement Agencies (CALEA). In April 2016, the Police Department
became the smallest law enforcement agency, and only agency on the Western Slope to secure such prestigious and
important accreditation. Less than 10% of American Law Enforcement agencies are accredited. The first new assessment
occurs on April 7, 2017.
The Police Department, in partnership with Vail Resorts, and through the Eagle County Sheriff’s IGA, implemented the
Law Enforcement Ski Program at Beaver Creek. This program allows officers to ski as police officers and assist the Sheriff
with operations on the mountain during an off-duty/secondary work agreement. The officers are compensated a ski-pass
for participating in the program. The season has been very successful with lots of great community interactions and very
positive feedback from ski resort employees.
Recently we engaged Denis McMahon, Brand Strategist with Hyfyve Marketing regarding the police department’s
branding, social media and communications. We are looking for better ways to engage with our community and also to
evaluate our mission statement, vision and core values. Denis had volunteered on the Town of Avon website design.
Chief Daly was impressed with his insights on website and social media. He is a small business owner located in Avon.
During the last 11 months, our PD Facebook post views elevated to highs of 7000 to over 10,000. We currently have over
1000 likes and still climbing.
Avon Police Officers and Detectives have collaborated with the Gore Range Narcotics Interdiction Team (GRANITE) on
many drug distribution cases in Avon in 2016. See below for further details.
We investigated the tragic negligent death of a six month old baby in Avon. We completed a comprehensive
investigation into this complex incident. We successfully charged both parents. Both parents were ultimately convicted
and were given significant Department of Corrections’ prison sentences. As a result of this tragic event, Avon PD officers
collaborated with other government agencies and medical staff in the county to create a task force to help stop these
tragic incidents in the future. The task force was named in the baby’s memory.
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We conducted some cutting edge trainings for our officers to include a lecture from a member of the transgender
community.
11 APD officers have completed the 40 hour Crisis Intervention Training as one of our 2017 Strategic goals.
Chief Greg Daly is the board president and actively participates with The Speak up Reach out Suicide Prevention
Coalition.
We ran an informative and educational Bear Aware campaign in the fall.
We are one of the first Eagle County Law Enforcement Agencies to train officers in the deployment of Narcan for the
treatment of known or suspected opioid overdose. We have deployed Narcan to all officers.
Chief Daly provided the commencement speech at the graduation ceremony for the police academy at CMC Spring
Valley.
Avon PD staff participated in fitness and weight loss programs in 2016. We also participated in SIGMA medical and fitness
testing. The purpose of the testing is to improve the health of our personnel, reduce claims expense, prevent injury, and
provide a platform for their long-term health (even beyond their career as a law enforcement officer). These health
improvements help to ensure that our officers and staff can provide the best service and response to our community.
We visited with Telluride Marshal’s Office and Mountain Village PD and had a great cultural/ community resort policing
exchange
We hosted phenomenal national trainings on risk management and cell phone investigations and date mapping using
Police Officers Standards Training (POST) grants.
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We participate in the countywide Immigration Advisory Board further building relationships with our Latino community.
Chief Daly recently spoke on La Nueva Mix Spanish Radio station about immigration concerns in the community and
reaffirmed the Town of Avon’s proclamation that the PD will not conduct immigration enforcement.
We provided public safety and traffic safety for many successful Town of Avon events to include Salute 2016, Cover Rock
and Triple by Pass.
Avon Police officers received awards and recognition at the Mothers against Drunk Driving (MADD) awards, the CDOT
Traffic Safety Hero awards and at the Rotary 9/11 awards.
Avon Police officers delivered positive police interactions and education to the children at Avon Elementary.
The Police Department continues to engage our community through National Night Out, Kids, Cops, and Hoops, Latino
Police Academy, Citizens Academy, Polar Plunge, Shop with a Cop, Coffee with a Cop and Ski with a Cop.
Community Policing Projects and Involvement:
• Kids, Cops, and Hoops Community Basketball Program.
• Eagle River Youth Coalition Partnership regarding LGBTQIA community issues.
• Suicide Prevention Coalition of Eagle County (Speak up Reach out).
• Eagle County Law Enforcement Immigrant Advisory Committee.
• Planning of the proposed new Avon Public Safety Facility.
Special Projects/Personnel/Training:
• End of Year department reports completed.
• CALEA on-site assessment and award of accreditation
• Quarterly inspections and audits completed.
• Quarterly Department Training completed.
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• Bi-monthly Eagle County Special Operations Unit Training completed.
• Implementation of Body Worn Cameras.
• Implementation of electronic citation/data system in partnership with multiple agencies through grant funding.
The Avon Police Department staff relies on our excellent relationships with our other Town of Avon departments. We
work with all departments and thank them for their hard work, passion and collaboration in providing a safe
environment in Avon to live and play.
We also enjoy excellent working relationships with our partner first responder agencies and on most major events; it
takes a village of town staff, first responders other governmental agencies and non-profits to successfully complete the
mission.
The men and women of the Avon Police Department sincerely appreciate the support of the Avon Town Council for the
police department and their unswerving passion for public safety of our citizens and guests.
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Annual Reporting of Crime and Traffic Statistics:
I would like to emphasize that the following statistical information should in no way minimize the hurt and trauma that every
victim experiences as the victim of a person crime or property crime. However an increase or decrease in a particular crime
category should not take away from our commitment to seek justice for every victim in every instance. We believe that our
success in keeping crime rates low in Avon is supported by high visibility patrol, community engagement and trust building with
our residents and guests.
The Avon Police Department is committed to reducing crime and improving traffic/community safety through community
partnerships, education, and by enforcement of laws. The Department has been capturing known data since 1997, which is
available for analysis and is used for strategic planning. Additionally, the data is used to identify when and where crimes and
crashes are occurring and to efficiently and effectively deploy officers to further deter/reduce crime and improve traffic safety.
Some crime is random, but utilizing data and identifying areas of concern allow the most efficient use of personnel to improve
community safety. This document contains year-to-year historical crime reporting and traffic data, which highlights highs and
lows in activity. There are many variables that contribute to crime and traffic crashes: such as weather, staffing, philosophy,
prioritization, special events, population, economy, etc. Secondly, this memorandum contains 2016 crime/traffic data as
compared to 2014 and 2015. Lastly, additional programs and community projects that the Police Department is working on is
documented.
Year-to-Year Crime/Traffic Reporting
The Police Department captures a wide variety of data and statistics for a variety of reasons. Crime data is sent to the Colorado
Bureau of Investigation (CBI) and in turn to Federal Bureau of Investigation (FBI) for documentation in National Incident-Based
Reporting System (NIBRS) and the Uniformed Crime Report (UCR). NIBRS collects data on 46 Group A and 10 Group B offenses.
UCR collects on 8 Part I crime index offenses.
The latest City-data.com crime index available is from 2014 and lists the Avon crime Index at 109.9, which is approximately 38% of
the national average of 287.5.
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Additionally, the Police Department compares statistical data against the Annual Benchmark Cities Survey, which is a nearly two
decade long comparative police performance analytics. Twenty-nine (29) law enforcement agencies from throughout the
country participate in this survey including Boulder, Ft. Collins, and Lakewood, Colorado. The latest available annual data for
this national survey is 2015. (http://www.opkansas.org/maps-and-stats/benchmark-cities-survey/) For example the 2015 report
shows Average Domestic Violence Offense per 1,000 citizens is 6.0. Using the same parameters Avon’s per 1000 would be 6.08.
The 2015 Average Burglary Offenses per 1,000 Citizens is 4.4. Avon’s 2016 result is 2.02. The 2015 Average Robbery Offenses per
1,000 Citizens is 0.7. Avon’s 2016 index is 0.
The red and yellow highlights in the table below indicate high and low ranges of the historical period. The larceny category
includes shoplifting cases and has shifted year-to-year depending upon staffing of safety and loss departments at local retailers.
Reporting procedures changed in 2004, therefore, data for total reports and calls for service are most accurate for comparison
purposes moving forward to today’s data.
Avon Police Department 2001-2016 Activity Statistics
January 1-December 31, 2016
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Total Crimes Reported
1153 1119 1101 1310 1191 1330 1438 1227 869 786 908 613 667 912 937 740
Group A Crimes
620 632 495 585 553 592 571 562 438 368 440 372 313 388 381 320
Group B Crimes
533 487 606 725 638 738 867 665 431 418 468 241 354 524 556 420
Clearance Rate
.56 .40 .43 .52 .42 .35 .49 .41 .43 .43 .48 .59 .44 .40 .50 .49
Total Reports
5223 5544 5325 3947* 1284 1406 1453 1338 952 897 1111 1015 925 912 972 840
Calls for Service
3608 4294 19819 21250 21215 19359 13364 14382 16905 16213 13829 16909 16302 16039
Traffic Accidents
330 307 270 187 221 213 204 253 177 170 161 142 174 148 148 159
Traffic Accidents ETOH/Drug
0 7 14 16 14 6 8 7 10 12 8 9
Total Arrests 526 533 500 595 477 568 722 607 366 334 384 450 435 501 509 379
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Adult Arrests
453 472 443 520 421 512 654 549 350 291 363 419 413 478 485 358
Juvenile Arrests
73 61 57 75 56 56 68 58 16 43 21 31 21 23 24 21
Felony Arrests
87 83 117 86 70 39 71 88 54 50 66 49
Sexual Offenses
7 11 9 8 6 6 2 4 6 6 12 12 4 10 9 7
Robbery
3 5 3 2 5 2 1 1 0 0 0 2 1 0
Burglary
61 45 41 37 30 47 33 41 38 28 24 9 11 12 10 13
Larceny
204 231 166 175 184 198 164 155 153 149 160 87 129 159 154 133
Motor Vehicle Theft
16 20 15 15 22 15 13 17 7 9 4 1 4 6 6 9
Assault
93 77 90 101 85 78 90 74 42 48 41 37 36 45 53 47
Arson
4 4 3 1 2 1 0 0 0 0 2 1 1 3 1 0
Forgery/Counterfeiting
35 18 17 24 20 24 29 38 25 9 5 5 4 9 6 8
Fraud
51 33 21 43 37 49 42 48 32 20 17 28 32 27 27 21
Vandalism
96 118 69 74 117 110 104 117 94 54 64 51 72 69 76 64
Weapon Offense
2 6 3 7 4 8 6 9 1 1 3 4 0 6 4 2
Narcotics
41 67 55 85 34 43 80 50 36 41 101 135 15 36 29 15***
DUI
69 85 123 169 95 105 154 153 93 78 118 89 105 150 156 100
Liquor Laws
96 87 106 49 48 61 52 37 17 31 25 23 23 16 20 13
Disorderly Conduct
33 23 61 47 39 61 59 42 25 26 30 33 24 19 27 14
Domestic Violence
53 42 42 75 70 88 84 64 30 40 41 38 55 37 30 39
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Traffic Stops
2039 1553 1765** 1193* 1227 1894 2055 2126 2383 2860 4691 4299 3283 4302 3470 2328
Total Traffic Warnings
791 1169 1143 1098 1434 1811 3101 2523 2371 3275 2599 1706
Written Traffic Warnings
1170
Traffic Summons
Speeding
Avon
Wildridge
WBC BL
EBC BL
Swift
I 70
Metcalf
Nottingham
555 443 569 397 278 554
237
142
9
17
16
3
5
24
7
614
233
70
11
19
9
5
91
16
11
772
340
80
1
49
33
6
139
21
8
663
312
57
8
101
35
13
36
9
44
782
393
63
15
86
31
7
147
22
19
1192
379
31
2
46
7
6
265
3
17
961
275
16
3
36
6
13
191
1
7
701
118
5
2
9
6
2
85
3
4
820
169
14
4
22
5
2
103
7
7
615
182
7
13
24
14
2
91
18
7
545
244
14
7
11
17
8
169
2
2
Safety Belt Tickets
25 0 86 410 407 365 316 143 115
Child Safety Seats Tickets
2 2 8 3 7 1 5 0 0
Criminal Summons
329 291 293 91*
Odor Complaints
30 3 2 2 0 0 0 0 0 0 0 0 0
Animal Control Warnings
66 30 20 25 33 19 12 10 28 58 151
Animal Control Summonses
32 12 22 20 22 38 34 13 27 9 6 7 11 3 6 13
Wildlife Protection Ordinance
(CFS)
N/A N/A N/A 4 189 136 103 62 55 23 11 40 3 29 5 37
Wildlife Protection Ordinance
Summonses
N/A N/A N/A 0 15 16 20 0 7 0 0 2 0 1 5 0
Bear Calls
N/A N/A N/A 120 24 32 106 16 108 38 35 131 18 60 26 64
Smoking Violation Summonses N/A N/A N/A N/A N/A 7 7 2 0 0 0 0 0 0 0 0
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Smoking Violation Warnings
4 3 4 0 0 0 0 0 0 0 0
Group A crimes include: Homicide, Kidnapping/Abduction, Robbery, Assault, Arson, Extortion, Burglary, Larceny/Theft, Motor Vehicle Theft, Counterfeiting, Fraud,
Embezzlement, Stolen Property, Vandalism, Drug/Narcotic Offenses, Sex Offenses, Pornography/Obscene, Gambling Offense, Prostitution, Bribery and Weapon
Violations.
Group B crimes include: Bad Checks, Curfew/Loitering, Disorderly Conduct, DUI, Family Offenses, Liquor Law Violations, Peeping Tom, Runaway and Trespass.
2003 Traffic Stops January 1-December 28, 2003
Narcotics arrests do not include the GRANITE arrests in Avon in 2016
13 | Page
Crime/Traffic Statistics and Calls for Service:
During 2016, Vail Public Safety Communication Center dispatched 4,561 calls for service to the Avon Police Department (4,442 in
2015). In addition to these calls, officers logged 11,478 self-initiated calls for service, which include traffic stops, building checks,
foot patrols, extra patrols as requested by community members, community contacts, etc. There were 11,860 self-initiated calls
for service in 2015.
The 2015 Benchmark Cities Survey shows that the average number of annual calls for service per 1,000 citizens is 462.7. Calls for
service in Avon have been significantly higher over the last three years at 652 in 2014, 692 in 2015 and 711 in 2016. This indicates
that the Avon Police Department is busier than the average law enforcement agency in response requests, which may be an
indicator of public trust. Community members call when they need assistance, whether emergent or not.
14 | Page
Avon Police Department Response Times:
The Police Department, as part of the annual performance matrix, measures response times to calls for service. These times are
documented and calculated through the Vail Public Safety Communications Center. Calls for service are broken into four
priorities, which are:
Priority 1: Life or property in immediate threat or just occurred. Units respond immediately, lights and sirens.
Priority 2: Respond promptly, no lights and sirens necessary.
Priority 3: Normal everyday calls for service, needs to be handled in a timely manner.
Priority 4: Calls can be held for a period of time.
In practice, Priority 1 and 2 calls are considered life safety emergent calls and are treated as the same category.
The 2015 Annual Benchmark Cities Survey indicates that the average response time for Priority 1 responses is 5.93 minutes for
the twenty-nine (29) agencies surveyed. The survey does not break down Priority 1 or 2 as does the Vail Public Safety
Communications Center; however, the Avon Police Department’s response times for emergency calls (Priority 1 and 2) are
significantly less than the 5:93 minute survey average.
2014
Priority 1 - 00:00:57 (2 Priority 1 events)
Priority 2 - 00:03:13
Priority 3 - 00:10:59
Priority 4 - 00:07:40
2015
Priority 1 – No priority 1 Events
Priority 2 – 0:02:18
Priority 3 – 0:09:47
Priority 4 – 0:06:42
15 | Page
2016
Priority 1 – 00:40:06 (1 Priority 1 event) (This is an anomaly, because the time the officer arrived on scene was not logged,
therefore eschewing the overall time)
Priority 2 – 00:04:15
Priority 3 – 00:10:04
Priority 4 – 00:05:58
16 | Page
Crime Reporting/Incident Reports:
During 2016, crime reporting and incident reports were lower as compared to 2015. This can attributed to high visibility
patrolling deterring crime and to a lesser degree to a reduced number of traffic contacts that lead to arrests or the issuance of
criminal summonses to court.
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Alcohol/Drugs:
Persons under the influence of alcohol and/or drugs continue to be a root cause of crime, especially in relation to crimes against
person’s incidents and driving under the influence cases. Officers made less DUI arrests in 2016, primarily due to less sign-up for
grant funded DUI shifts (on officer’s days off). DUI related crashes increased slightly from 2015 to 2016 from 8 to 9. Avon PD
narcotic arrests declined from 29 in 2015 to 15 in 2016. However Avon PD officers and detectives took an active role in the
GRANITE investigations and arrests in 2016.
18 | Page
19 | Page
7
3 2 1 1 2 10
1
2
3
4
5
6
7
8
Cocaine Meth LSD MDMA Psilocybin Forged IDs AssistNumber ofoccurrences Narcotic / Contraband
# of Operations in
20 | Page
7 5 4
10
1
2
3
4
5
6
7
8
Arrest Active Closed WarrantNumber ofarrestsNarcotic / Contraband
Status of Avon Operations
21 | Page
Arrests:
These arrest numbers include full custodial arrests, where the subject is booked into the Eagle County Detention Facility (ECDF)
and summons and releases for minor offenses. Due to the distance to the Detention Facility and inmate population at ECDF,
Avon Officers attempt to summons and release on the more minor offenses when possible to ensure the Officers are within the
town boundaries as much as possible. In 2016, Avon Police Officers arrested or summons and released 25% less offenders.
22 | Page
Property Crimes:
Property crimes have remained at historic lows over the last several years. In 2016, theft, fraud, and vandalism were down
slightly on 2015. Burglary and forgery saw a slight increase.
23 | Page
In comparison to the Benchmark Cities Survey, the average annual number of burglaries per 1,000 residents is 4.5. Avon has
seen an annual average well below 4.5.
24 | Page
In comparison to the 2015 Benchmark Cities Survey, the average annual number of auto thefts per 1,000 residents is 2.1. Avon
has seen an annual average below one (1) in 2014 and 2015. There was a slight increase to 1.4 which translates to an increase
from 6 to 9 for the year.
25 | Page
Crimes against Persons:
Avon had no robberies in 2016. Reported sex offenses have declined over the last three years from 10 to 7. Assaults declined
from 53 to 47. Domestic violence incidences increased from 30 to 39.
26 | Page
In comparison to the Benchmark Cities Survey, the average annual number of reported domestic violence per 1,000 residents is
6.0. Avon’s index for 2016 was 6.08.
27 | Page
In comparison to the Benchmark Cities Survey, the average annual number of reported sexual assaults per 1,000 residents is .37.
Avon has seen a rate significantly higher than this average for each of the last three years at 1.56 in 2014, 1.4 in 2015, and 1.09 in
2016.
28 | Page
The Avon Police Department tracks clearance rates for the most serious crime. Some crimes have high solvability rates such as
narcotic arrests and assaults, while other crimes like sexual assaults, burglaries, and theft have lesser solvability rates. The Avon
Police Department has an average clearance rate that is higher than the Benchmark Cities Survey Part I average.
29 | Page
Traffic Crashes:
Traffic Crashes have declined from 174 in 2013 to 148 in both 2014 and 2015 respectively. We saw a small increase in 2016 to 159.
Of the 159 crashes in 2016, 24 involved injuries and 9 involved an impaired driver. Some of this increase can be attributed to our
adverse weather earlier in the winter as 38 of the collisions occurred on Interstate 70.The majority of crashes in Avon occur on
Interstate 70, Avon Road, Beaver Creek Boulevard, Beaver Creek Place, and Metcalf/Nottingham Roads. The 2015 Benchmark
Cities Survey indicates that the crash rate for 1,000 citizens annually is 23.1. Factoring this average would equate to 148 crashes
in Avon annually.
30 | Page
Traffic Enforcement:
In May 2016, officers at the Avon Police Department embraced a strategic pivot change in our traffic enforcement philosophy.
Over the previous six years, officers had passionately engaged in traffic enforcement in order to fulfill our departmental goals of
education, crime reduction/deterrence, and traffic safety. However after reflection and discussion, we reassessed our traffic
enforcement philosophy and reduced our overall enforcement. This allowed our officers to concentrate more a little more on
high visibility foot patrol, bike patrol and community policing activities.
In 2015 we conducted 3,470 traffic contacts. In 2016 we conducted 2,328 traffic contacts, a 33.9% decrease. There was a small
increase in traffic collisions from 148 to 159, predominantly on Interstate 70. There an increase of 16 accidents on I-70, from 22 in
2015 to 38 accidents in 2016.
Overall in Avon, injury accidents did increase from 15 injury accidents in 2015 to 24 in 2016. The 2016 injury accidents broken out;
I-70 8, Avon Rd 3, Post Blvd 4, Beaver Creek Blvd 2, Metcalf / Nottingham 3, Wildridge 0 and other 4.
Again due to highway speeds on Interstate 70, there is a higher probability for injury accidents.
In respect to the 2,328 traffic contacts, Avon Officers issued 545 traffic citations/summonses and 100 DUI summonses. This is
27.7 % of all traffic contacts and inversely, we provided warnings/ requests for behavioral change to 72.29% of our traffic
contacts. This statistic also reflects our philosophy of striving to gain behavioral change for priorities like speeding and not
wearing a seat belt. As you can see the vast majority of contacts end up with a cordial warning and encouragement to fulfill our
collective social obligation to be safe drivers on our roads for all of our residents and guests.
Other important statistics include the 2016 ethnic breakdown of our traffic stops warnings and tickets……
22.64% of our traffic stops were with persons of Hispanic ethnicity.
This compares with 49% of our census population who report Hispanic heritage.
48.64% of our traffic stops were with Caucasian males
24.03% of our traffic stops were with Caucasian females
1.68% were with African male
.58% was with African American females.
31 | Page
Out of 2,328 traffic contacts there were no complaints filed reports of unprofessionalism or discourtesy.
Another interesting statistic is that Avon PD officers in 2016 conducted 1,285 directed patrols to reduce crime and increase
visibility throughout the Town of Avon. These directed patrols included foot patrol in Nottingham Park, Traffic enforcement in
Wildridge, Trail heads in Wildridge and at the end of Nottingham and parking monitoring in the core. In addition Avon Police
officers conducted over 1000 foot patrols or responded to calls for service in Nottingham Park.
32 | Page
The 2015 Benchmark Cities Survey lists the average number of annual traffic citations per 1,000 citizens at 146. This compares
with 100 citations per 1,000 citizens in Avon, which is well below the survey data average.
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members, acting as the Avon Local
Liquor License Authority
FROM: Eric J. Heil, Town Attorney
RE: Work Session – Overview of the Avon Local Liquor Authority
DATE: February 8, 2017
SUMMARY: This memorandum provides a general overview of the Avon Local Liquor Authority (“LLA”)
responsibilities and procedures. The LLA has considerable discretion over the issuing of new licenses,
review of annual renewal requests and any modifications, and taking action on suspensions, revocations
and fines if a Licensee violates the liquor code. This memorandum provides a general overview of liquor
license regulations in Colorado with a focus on the Avon LLA role and authorization for violations.
DUAL AUTHORITY WITH STATE: Liquor license authority in Colorado is held by both the State
Department of Revenue and the local liquor license authority. Dual authority means that both the State and
the local jurisdiction both must approve new liquor licenses and changes to existing licenses, both the State
and the local jurisdiction have the authority to enforce the Colorado Liquor Code, impose sanctions and
revoke liquor licenses, and the local authority must follow the State’s standards and requirements for liquor
licenses.
LOCAL OPTION: The Town of Avon has adopted and established its LLA in Chapter 5.08 of the Avon
Municipal Code. The Avon Town Council is designated as the LLA Board. Municipalities may establish a
local authority board that separate from the governing body. The Town’s liquor license regulations in
Chapter 5.08 are mostly the same as originally adopted in 1979 and comply with the Colorado Liquor Code.
STATUTORY AUTHORITY: The state liquor laws are set forth in the Colorado Beer Code, the Colorado
Liquor Code, the Special Events Code and Code of Regulations 1, CCR 203-2.
NEW LIQUOR LICENSES: The LLA has considerable discretion when determine the “needs of the
community” for new liquor licenses as well as whether the applicant possesses the proper character. The
practice in Avon has been fairly supportive of new liquor licenses with regard to location which are mostly
limited to those areas of town with proper zoning.
RENEWAL APPLICATIONS: Renewal applications are generally presumed to comply with the Colorado
Liquor Code unless new evidence is submitted to the contrary. The LLA authority over a renewal
application is limited to either approving or denying the renewal application. The LLA does not have
authority to impose conditions or limitations on the license (such as reducing liquor service hours or
reducing the designated seating area). The LLA may issue requests or suggestions (such as additional
TIPS training) and may take notice if such suggestions are not followed and additional violations occur.
Note that the LLA has significant discretion with regard to sanctions, fines and revocation when violations
occur, as is discussed more below.
The LLA has asked for information concerning violations over the last five years. Such information is
relevant if new violations occur since the last renewal in order to consider whether the Licensee exhibits a
pattern of behavior that warrants revocation or suggested remedial actions. If no violations have occurred
since the
M EMORANDUM & PLANNING, LLC
Avon Town Council
Work Session - Liquor License Authority Overview
February 9, 2017
Page 2 of 3
last renewal approval, then any prior violations would not be relevant or appropriate for consideration by the
LLA.
VIOLATIONS – GENERAL PROCEDURE: The Avon Municipal Code sets forth the procedures and
authority for the LLA to consider suspensions, fines and revocation of liquor licenses if violations occur.
Violations generally fall under the following categories:
1. Conduct of Premises. Permitting excessive drunkenness, disorderly conduct, fights, noise, etc.
2. Service to Visible Intoxicated Persons.
3. Sale to a Minor.
4. Bad Moral Character. Includes the Licensee holder or manager committing a felony or other acts that
evidence a lack of “good moral character.”
5. Sale After Hours of Service.
Stipulated Agreement. Often times when a violation occurs (unless the violation is serious), a stipulated
agreement is considered whereby the Licensee agrees that the violation has occurred and the LLA and
Licensee agree to a temporary suspension, fine, or suspension held in abeyance or a combination of such
actions. Such Stipulated Agreements are subject to review and approval of the LLA at public meetings of
the LLA.
Section 5.08.160 of the Avon Municipal Code is reprinted below:
5.08.160 - Suspension and revocation—written complaints.
(a) The Local Liquor Licensing Authority has the power and authority upon its own motion or complaint
to:
(1) Summarily suspend any license for a period of fifteen (15) days, pursuant to Section 12-47-110,
C.R.S., 1973, as amended, and
(2) Upon notice to the licensee, and following a public hearing at which all parties in interest shall
have an opportunity to be heard, suspend any license for a period not to exceed six (6) months
or to revoke such license. Hearings conducted in connection with such procedures shall be held
in accordance with the provisions of this Chapter.
(3) Fine in lieu of suspension.
a. Whenever a decision suspending a retail license for fourteen (14) days or less becomes
final, whether by failure of the retail licensee to appeal the decision or by exhaustion of all
appeals and judicial review, the retail licensee may, before the operative date of the
suspension, petition for permission to pay a fine in lieu of having his or her retail license
suspended for all or part of the suspension period. Upon the receipt of the petition the
Local Liquor Licensing Authority may, in its sole discretion, stay the proposed suspension
and cause any investigation to be made which it deems desirable and may, in its sole
discretion, grant the petition if it is satisfied:
1. That the public welfare and morals would not be impaired by permitting the retail
licensee to operate during the period set for suspension and that the payment of the
fine will achieve the desired disciplinary purposes;
2. That the books and records of the retail licensee are kept in such a manner that the
loss of sales of alcoholic beverages which the retail licensee would have suffered had
Avon Town Council
Work Session - Liquor License Authority Overview
February 9, 2017
Page 3 of 3
the suspension gone into effect can be determined with reasonable accuracy
therefrom; and
3. That the retail licensee has not had his or her license suspended or revoked, nor had
any suspension stayed by payment of a fine, during the two (2) years immediately
preceding the date of the motion or complaint which has resulted in a final decision to
suspend the retail license.
b. The fine accepted shall be the equivalent to twenty percent (20%) of the retail licensee's
estimated gross revenues from sales of alcoholic beverages during the period of the
proposed suspension; except that the fine shall be not less than two hundred dollars
($200.00) nor more than five thousand dollars ($5,000.00).
c. Payment of any fine pursuant to the provisions of this Subsection shall be in the form of
cash or in the form of a certified check or cashier's check made payable to the Local Liquor
Licensing Authority.
(4) Upon payment of the fine pursuant to Subsection (a)(3) of this Section, the Local Liquor
Licensing Authority shall enter its further order permanently staying the imposition of the
suspension. The governing body of the Authority shall cause such moneys to be paid into the
general fund of the Local Liquor Licensing Authority.
(5) In connection with any petition pursuant to Subsection (a)(3) of this Section, the Local Liquor
Licensing Authority is limited to the granting of such stays as are necessary for it to complete its
investigation and make its findings and, if it makes such findings, to the granting of an order
permanently stayed, the suspension shall go into effect on the operative date finally set by the
Local Liquor Licensing Authority.
(b) The Town Clerk, as secretary to the Local Liquor Licensing Authority, shall receive written
complaints concerning establishments licensed pursuant to the terms of this chapter. Such
complaints shall be placed in the file pertaining to that licensee and presented to the Local Liquor
Licensing Authority as the seriousness and urgency of the matter complained of demands.
VIOLATIONS – UNDERAGE SERVING: The greatest number of violations seem to some from underage
serving, particularly with regard to State Liquor Authority sting operations. The State imposes suspensions
and fines in accordance with the statutory guidelines set forth in Regulation 47-604. Compliance Check
Penalties which is attached to this memo. The Town/LLA is notified of such violation. Generally, when a
renewal application is considered in which a Licensee has a violation for underage serving from a State
operation, the State has taken action to implement a sanction and/or fine with the Licensee.
Thank you, Eric
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: March 28, 2017
Agenda Topic: Review of Town Council and Planning and Zoning Commission Compensation to Consider Changes
SUMMARY:
At the January 24, 2017, Council meeting, former Council member Buz Reynolds offered a recommendation during
Public Comment that the salaries of members of the Council and Planning and Zoning Commission (PZC) be
increased. Staff was directed to add a work session item regarding Council and PZC compensation to a future
Council meeting agenda. Buz Reynolds will attend Tuesday’s meeting to present this item.
Staff researched Council and Planning Commission compensation in ten (10) other Colorado municipalities. The
Council compensation research is attached as Exhibit A and the Planning Commission compensation research is
attached as Exhibit B. Both exhibits include the Town of Avon’s data.
Please note that any adopted increase to Council compensation cannot apply to anyone during his or her current
term in office. Any adopted increase to PZC compensation could be effective immediately.
ATTACHMENT:
Exhibit A – Council Compensation Research
Exhibit B – Planning Commission Compensation Research
Municipality Salary Medical Dental Vision Cost Retirement Life LTD STD Flex Other Benefits
Avon
$12,000/year - Mayor
$9,000/year - Pro-tem
$6,000/year - Council member
Yes Yes Yes Same premium as FT
employees Can participate in 457 Yes No No Yes
Council members and their immediate family members receive a free
rec center pass. Also, they receive dinner on the evenings of Council
meetings.
Aspen $27,900/year - Mayor
$20,400/year - Council member
Yes, a stipend is provided to members in addition to monthly
compensation equal to cost of health insurance but not more than cost
of single person coverage. Must be used to purchase health insurance
through City or other third party insurer.
No No Same premium as FT
employees
Can participate in 457 - No City
contribution to 401 (a)No No No Yes Council members receive a free recreation pass.
Breckenridge $14,400/year - Mayor
$9,600/year - Council member Yes Yes Yes Same premium as FT
employees Cannot participate No No No No
Members of Council also receive a $500 annual recreation benefit that
may be used at Town recreation facilities (Recreation Center, Ice
Arena, Nordic Center, Golf).
Durango $9,000/year - Mayor
$6,000/year - Council member Yes Yes Yes Same premium as FT
employees Cannot participate No No No Yes N/A
Eagle $4,800/year - Mayor
$3,000/year - Council member No No No N/A Cannot participate No No No No N/A
Frisco $11,400/year - Mayor
$6,000/year - Council member No No No N/A Cannot participate No No No No Council members receive dinner on the evenings of Council meetings.
Louisville $6,000/year - Mayor
$3,000/year - Council member Yes Yes Yes Members must pay
entire premium Cannot participate No No No No Council members (not their families) receive a free rec center pass.
Silverthorne $9,000/year - Mayor
$3,600/year - Council member No No No N/A Can participate in 457 No No No No Council members receive a free rec center pass.
Steamboat Springs
$13,532.16/year - President
$11,795.16/year - Pro-tem
$10,106.76/year - Council member
Yes Yes No Same premium as FT
employees
Can participate in 457 - No City
contribution to 401 (a)
Yes - 1x annual salary plus ability to elect
Voluntary Life Yes Yes Yes
Council members and their immediate family members receive a
Howelsen Hill ski and skate pass. The also receive a $400 "wellness" or
"active health" benefit.
Telluride $18,000/year - Mayor
$9,600/year - Council member No No No N/A Cannot participate No No No No The Town Council receives an additional $443 monthly for business
expenses.
Vail $12,000/year - Mayor
$7,500/year - Council member Yes Yes Yes Same premium as FT
employees
Participate in 401 (a) only - Same as
PT/Seasonal employees - 6% employee
contribution - 1.5% Town contribution -
NOT offered same plan as FT emp.
No No No Yes
Council members receive access to golf, nordic, tennis and ice skating
for non-peak hours (some limitations). They also receive EAP, a
regional bus pass, and a parking pass for the Town's parking structures.
Finally, they receive up to $700 towards a ski pass.
COMPENSATION & BENEFITS COMPARISON - MAYOR & COUNCIL
Municipality Salary Medical, Dental or Vision Insurance Retirement Life, LTD, STD or Flex Other Benefits
Avon $75/meeting No Can participate
in 457 No Planning & Zoning Commission members and their immediate
family members receive a free rec center pass.
Breckenridge $4,800/year No No No Planning Commission members receive a $500 per year
recreation benefit only.
Eagle $1,200/year No No No N/A
Frisco $0 No No No Members of the Planning Commission receive snacks on the
evenings of their meetings.
Silverthorne $25/meeting No No No Planning Commission members receive a free rec center pass.
Steamboat
Springs $0 No No No
Planning Commission members receive Howelsen Hill ski passes
(City-owned) and golf passes. They also receive lunch or dinner
during their meetings.
Telluride $1,800/year No No No N/A
Vail $0 No No No Planning Commission members receive a Blue parking pass and
up to $700 in ski pass reimbursement.
COMPENSATION & BENEFITS COMPARISON - PLANNING COMMISSION
Aging Well Community Planning and Action Initiative
Dear Council Member,
The overall goal of embarking on an Aging Well Community Planning Initiative is to create
systems that allow Eagle County older adults to independently age in place, improve quality of
life and reduce health care costs.
The fastest population growth in Eagle, Garfield and Pitkin counties will be among residents
older than 65. Our region's overall population is projected to almost double between 2010 and
2035. The number of adults age 60 and older is predicted to more than quadruple.
Eagle County has already seen rapid growth in the 65+ population since 2000. The 2010 Census
shows that the population of people over 65 has increased by 135% since 2000, putting Eagle
County third in the state for the greatest growth during that decade.
According to the Centers for Disease Control, these increases in the number of people older
than 65 may lead to increased health-care costs. Health-care cost per capita for people 65
years old in the United States and other developed countries, is three to five times greater than
the cost for people less than 65.
Rapid growth in the number of older adults, coupled with continued advances in medical
technology, is expected to create upward pressure on health and Iong-term care spending.
Public financing of long-term care is projected to increase 20%-21% between 2000-2020 in the
United States. The CDC believes these increases will be less if public health interventions
decrease disability among older adults, helping them to live independently.
Eagle County Public Health & Environment and community partners are working together to
create a long-term community-wide plan that support our growing older population. The plan
addresses specific priorities for Eagle County identified by residents since 2015. We’ve
identified existing assets and gaps that need to be addressed to support a thriving community
for aging well. This plan includes goals, objectives and action steps set by our steering
committee and residents to help us better serve the needs of our older adult community.
We hope this presentation clearly presents the work that has been accomplished so far, the
work currently being done and we ask for your support to help us along the way.
Respectfully,
Pat Nolan, Carly Rietmann and Meghan King
The Eagle County Aging Well Core Team
Aging Well in Eagle CountyA Community Initiative
Why Focus on Our Aging Population•Projected population growth in the Rural Resort Region from 2010-2035•Overall population will almost double•Adults 65+ will more than quadrouple
It Started with a Vision… Eagle County older adults age in place with the highest possible quality of life
Aging in PlaceOlder adults who are supported by their community inremaining independent are likely to experience animproved quality of life and have fewer hospital visits andlower rates of disability.Across the US, the vast majority of older adults have saidclearly that they prefer to remain in their own home—not agroup setting—as they age.Source: Colorado Department of Public Health and Environment. 2007. Colorado State Plan for Older Adult Wellness: A Public Health Strategy. Denver, CO.
Aging Well Project OverviewUnderstand the IssueDefine Goals and PrioritiesBuild Task ForcesPlan ActionsMake A Difference
Priority Areas1. Connection to Resources2. Healthcare3. Social and Community Engagement4. HousingTransportationHome ServicesCommunity DesignPreventive HealthEmploymentDetermined by a Steering Committee and a Community Conversation
HealthcareGOAL: Healthcare providers serve, educate, and advocate for aging adults, while considering the unique needs of the aging population within their services.Red Binder System
Connection to ResourcesGOAL: Older adults know about and use critical needs programs and servicesCentral HubPartnership among4 organizationsWebsitesPhone numbersResources created by action teamswww.agingwelleaglecounty.org
HousingGoal: Older adults have ample options for safe, high-quality and accessible independent housing•Housing inventory for older adults•Need for down-sizeable options•Universal design of new builds•www.eaglecounty.us/GIS/Interactive_Maps/
Social and Community EngagementGoal: Older adults enjoy and benefit from an array of relevant, accessible information, education, events, and communication opportunities that consider their unique needs and interests Tips and Tricks for local organizations
Community DesignGoal: Future developments should take into consideration design elements, such as accessibility, paved walkways, and lighting, which accommodate an aging population in a way historical design in the region has not.Plan4Health Grant:Scan of municipality master plans“What’s good for the 8’s is good for the 80’s”Highlight policies that support healthy aging
Aging Well Reportwww.eaglecounty.us/PublicHealth/Healthy_Aging/Aging_Well_Initiative/
Next Steps•Embed Aging Well work into current community work and initiativesTransportation –Regional Transportation Coordinating CouncilBuilt environment –Plan4HealthHome services –Retired and Senior Volunteer ProgramMental Health –Total Health Alliance
How can you support the Aging Well Initiative?Consider the needs of our aging population in Policies, land use, housingPromote agingwelleaglecounty.orgHosting Aging Well community eventsSending a member to join the Aging Well Collaborative group (next meeting: Monday, 4/24 10:00-11:00 @ CMC)
Follow up•Follow up with town staff for future opportunities•Staff will report back on partnerships
THANK YOUFor additional information:Carly Rietmann: 970-328-8896 carly.rietmann@eaglecounty.usPat Nolan: 970-328-8831 pat.nolan@eaglecounty.usMeghan King: 970-328-1121 meghan.king@eaglecounty.us
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: March 28, 2017
Topic: Proclamation for Mayor and County Recognition Day for National Service
SUMMARY:
The Town Council is asked to consider adopting the attached Proclamation that proclaims April 4, 2017,
as National Service Recognition Day.
According to the attached Fact Sheet, on April 4, 2017, mayors and county officials across the country
will thank those who serve and recognize their impact on the Mayor and County Recognition Day for
National Service. A coordinated recognition day presents a unique opportunity to spotlight the key
role that national service plays in helping cities and counties solve problems. Participating in the day
will highlight the impact of citizen service, show support for nonprofit and national service groups,
and inspire more residents to serve in their communities.
ATTACHMENTS:
1. Proclamation – Mayor and County Recognition Day for National Service
2. Fact Sheet – Mayor and County Recognition Day for National Service
Mayor and County Recognition Day for National Service
PROCLAMATION
WHEREAS, service to others is a hallmark of the American character, and central to how we
meet our challenges; and
WHEREAS, the nation’s towns are increasingly turning to national service and volunteerism as
a cost-effective strategy to meet their needs; and
WHEREAS, AmeriCorps and Senior Corps participants address the most pressing challenges
facing our communities, from educating students for the jobs of the 21st century and supporting
veterans and military families to providing health services and helping communities recover
from natural disasters; and
WHEREAS, national service expands economic opportunity by creating more sustainable,
resilient communities and providing education, career skills, and leadership abilities for those
who serve; and
WHEREAS, AmeriCorps and Senior Corps participants serve in more than 50,000 locations
across the country, bolstering the civic, neighborhood, and faith-based organizations that are so
vital to our economic and social well-being; and
WHEREAS, national service participants increase the impact of the organizations they serve,
both through their direct service and by managing millions of additional volunteers; and
WHEREAS, national service represents a unique public-private partnership that invests in
community solutions and leverages non-federal resources to strengthen community impact and
increase the return on taxpayer dollars; and
WHEREAS, national service participants demonstrate commitment, dedication, and patriotism
by making an intensive commitment to service, a commitment that remains with them in their
future endeavors; and
WHEREAS, the Corporation for National and Community Service shares a priority with county
officials and mayors nationwide to engage citizens, improve lives, and strengthen communities;
and is joining with the National League of Cities, National Association of Counties, Cities of
Service, and mayors and county officials across the country for the Mayor and County
Recognition Day for National Service on April 4, 2017.
THEREFORE, BE IT RESOLVED that I, JENNIE FANCHER, MAYOR of AVON COLORADO, do
hereby proclaim April 4, 2017, as National Service Recognition Day, and encourage residents to
recognize the positive impact of national service in our county; to thank those who serve; and to
find ways to give back to their communities.
NationalService.gov/RecognitionDay
Join Us on April 4, 2017!
Every day, in counties and cities across America, national
service is tackling tough problems and strengthening
communities. On April 4, 2017, mayors and county officials
across the country will thank those who serve and recognize
their impact on the Mayor and County Recognition Day for
National Service.
The nation’s cities and counties are increasingly turning to
national service as a cost-effective strategy to address local
challenges. By unleashing the power of citizens, AmeriCorps
and Senior Corps programs have a positive and lasting
impact, making our communities better places to live. The
initiative is being led by the National League of Cities, the
National Association of Counties, Cities of Service, and the
Corporation for National and Community Service (CNCS).
National Service: A Local Resource
As the federal agency for national service and volunteering, CNCS annually engages millions of citizens in service at
more than 50,000 sites across the country. Through AmeriCorps (including VISTA and NCCC), Senior Corps (including
Foster Grandparents, Senior Companions, and RSVP), the Social Innovation Fund, and other programs, CNCS leverages
federal and private funds to support organizations that achieve measurable results where the need is greatest. Whether
supporting food banks and homeless shelters, restoring parks, providing health services, strengthening public safety and
juvenile justice services, tutoring and mentoring students, and managing community volunteers, national service
members help county officials and mayors tackle tough problems.
Why a City and County Recognition Day?
County and city governments have a broad range of responsibilities to their residents, which matches CNCS’s mission to
improve lives, strengthen communities and foster civic engagement. A coordinated recognition day presents a unique
opportunity to spotlight the key role that national service plays in helping counties solve problems. Participating in the
day will highlight the impact of citizen service, show support for nonprofit and national service groups, and inspire more
residents to serve in their communities.
NationalService.gov
What Happened Last Year?
On April 5, 2016, the fourth annual Recognition Day for National Service united mayors and county officials across the
country to spotlight the impact of national service and honor those who serve. Altogether, 3,539 mayors and county
officials in all 50 states and the District of Columbia, Guam, and Puerto Rico officially recognized the work that
AmeriCorps members and Senior Corps volunteers are doing to make cities better and stronger. Together, these elected
officials represent more than 178 million citizens, or more than half of the population.
What are the Goals of the Day?
Highlight how county officials and mayors use national service to solve their local challenges
Thank national service members for their commitment and impact
Build public awareness about the value and impact of national service to the nation’s cities and counties
Highlight the role that national service plays in managing volunteers to focus and amplify their impact
Provide opportunities for county officials and mayors to communicate about the impact of national service to
national policymakers
Generate press coverage and online discussion about county officials and mayors supporting service
Who Can Participate?
Mayors, county officials, county board chairs, tribal leaders, or other head officials of counties and cities of any size.
How Can We Help?
CNCS offers a variety of resources that can help county officials and mayors learn about national service and
volunteering in their jurisdictions and expand the impact of volunteering by their residents:
Each year, CNCS produces State Profiles that list all national service funding, projects, and participants in
every state. CNCS also will produce county and city profiles on demand for those participating in the
Recognition Day for National Service. To receive your profile, contact the CNCS Director in your state. A list
is here: nationalservice.gov/state-offices.
CNCS also produces the annual Volunteering and Civic Life in America report, the most comprehensive data on
volunteering ever assembled. Visit volunteeringinamerica.gov.
How Can County Officials and Mayors Get Involved?
County officials and mayors are encouraged to hold a public event, issue a proclamation, and use media to highlight the
impact of national service. Here are several ways to participate:
Announce your county/city is becoming an Employer of National Service (nationalservice.gov/employers)
Issue a proclamation naming April 4 as Recognition Day for National Service
Visit national service programs or projects in order to highlight their value to the county/city
Invite national service programs to a public roundtable to discuss how they address county/city problems
Issue a press release or report on the scope and impact of national service in your county/city
Serve with a national service program as a “member” for a day to highlight their important work
Use Twitter, Facebook, and other social media to thank national service members in your community
Write an op-ed about the unique contributions of national service to your county/city
Take a group photo with all national service members in your county/city
Where Can I Learn More?
To learn more, go to NationalService.gov/RecognitionDay or contact Tess Mason-Elder, Office of Government Relations,
202-606-6873 or tmason-elder@cns.gov. You can also contact the CNCS Director in your state, whom you can find here:
nationalservice.gov/state-offices.
The Corporation for National and Community Service is the federal agency that engages five million Americans in service through our AmeriCorps,
Senior Corps, Social Innovation Fund, and other programs, and leads President's national call to service initiative, United We Serve.
For more information, visit NationalService.gov.
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ord No. 17-04 Second Reading: Sales Tax Definitions, Business License,
Panhandling
DATE: March 23, 2017
SUMMARY: Council held a work session on February 14, 2017 to review proposed revisions to the
Sales Tax Definitions, Business License applicability and provisions on Pan-Handling. From this work
session, Council provided direction to proceed with a first reading of an ordinance to amend the Avon
Municipal Code. On March 14, 2017, Council adopted first reading of Ordinance No. 17-04.
Ordinance No. 17-04 is presented for second and final reading at the March 28, 2017 Council
meeting. Council must conduct a public hearing on second reading in accordance with the Avon
Home Rule Charter.
PROPOSED MOTION: “I move to approve Ordinance No. 17-04 AMENDING AVON MUNICIPAL
CODE SECTIONS 3.08.010; 3.08.040; 3.28.020; 5.04.010; AND 9.16.050 on Second and Final
Reading.”
CML STANDARDIZED SALES TAX DEFINITIONS: In 2014, the Colorado legislature adopted Senate
Joint Resolution 14-038 which urged Colorado home rule municipalities to work with the Colorado
Municipal League (“CML”) to prepare uniform definitions for sales tax regulations. The CML worked
with many municipalities over the last two years on a “Standardized Sales Tax Project” which resulted
in proposed uniform definitions for sales tax regulations. The proposed standardized sale tax
definitions from this CML project have been reviewed with Avon’s definitions in its sales tax
regulations.
The CML definitions has many more definitions which are not necessary or relevant for Avon’s
needs (e.g. definitions for aircraft). There is neither an obligation nor expectation that each home rule
municipality will adopt and incorporate 100% of the standardized definition. The wording of nearly all
of the definitions in Avon’s sales tax regulations have been revised to match the proposed
standardized definitions.
THE REVISION OF DEFINITIONS IN AVON’S SALES TAX REGULATIONS WILL NOT INCREASE
OR EXPAND OR DECREASE OR REDUCE THE APPLICATION OF AVON’S SALES TAX. TABOR
does not allow any tax policy change that would increase or expand the application of an existing tax
without voter approval.
BUSINESS LICENSES: The current definition of persons who are required to obtain a business
license is fairly broad. This has resulted in a large number of businesses that are subject to the
requirement, but which do not regularly conduct business in Avon, which has resulted in considerable
administration for business license compliance, especially business license renewals. Finance staff is
recommending consideration of a change to business licenses requirements to narrow its applicability.
The existing definition is below, which was revised in 2015 to be consistent with the sales tax license:
M EMORANDUM & PLANNING, LLC
Avon Town Council
Ord No. 17-04
March 23, 2017
Page 2 of 3
5.04.010. - Applicability.
Any person, as defined in AMC section 1.04.010 definitions, engaged in business in
the town, as defined in AMC section 3.08.010 and any person who advertises for
accommodation use of a property in the Town of Avon shall first have applied for and
received a business license issued by the finance director.
Section 3.08.010 defines “Engaged in Business in the Town” as:
Engaged in business in the Town means performing or providing services or
selling, leasing, renting, delivering or installing tangible personal property for storage,
use or consumption within the Town. Engaged in business in the Town includes, but is
not limited to, any one (1) of the following activities by a person.
a. Directly, indirectly or by a subsidiary maintains a building, store,
office, salesroom, warehouse or other place of business within the
taxing jurisdiction;
b. Sends one (1) or more employees, agents or commissioned
salespersons into the taxing jurisdiction to solicit business or to install,
assemble, repair, service or assist in the use of its products, or for
demonstration or other reasons;
c. Maintains one (1) or more employees, agents or
commissioned salespersons on duty at a location within the
taxing jurisdiction;
d. Owns, leases, rents or otherwise exercises control over real or
personal property within the taxing jurisdiction; or
e. Makes more than one (1) delivery into the taxing jurisdiction
within a twelve-month period.
A proposed revised definition for consideration is as follows:
5.04.010. - Applicability.
Any person, as defined in AMC Section 1.04.010 definitions, engaged in business in
the Town, as defined in AMC Sub-Sections 3.08.010. a., c., d., and e. and any person
who advertises for accommodation use of a property in the Town of Avon shall first
have applied for and received a business license issued by the finance director.
This revised definition of applicability would eliminate those who are temporarily in Town doing business
but who do not have a regular place of business within Town (e.g. realtors, accountants, attorneys,
therapists, etc.) AMC 5.04.080 Vendor Regulations does not mandate that vendors obtain a business
license and authorize the Town Manager to adopt additional regulations.
Avon Town Council
Ord No. 17-04
March 23, 2017
Page 3 of 3
PANHANDLING: The Town received correspondence from the ACLU last fall stating that the Town of
Avon’s Municipal Code prohibition on loitering for the purpose of begging is unconstitutional and not
legally defensible. I agree that the provision is not appropriate and should be repealed. In 2015, a
federal District Court for Colorado ruled in Browne v. City of Grand Junction that language which
makes panhandling and begging a violation is unconstitutional. The Avon Municipal Code language is
reprinted below along with the proposed deletion.
9.16.050 - Loitering.
(a) Loiter means to be dilatory, to stand idly around, to linger, delay or wander about, or to
remain, abide or tarry in a public place.
(b) A person commits loitering if he or she does any of the following:
(1) Loiters for the purpose of begging; or
(2) Loiters for the purpose of unlawful gambling with cards, dice or other gambling
paraphernalia; or
(3) Loiters for the purpose of engaging or soliciting another person to engage in
prostitution or deviate sexual intercourse; or
(4) Loiters in or about a school building or grounds, not having any reason or
responsibility for a pupil or any other specific legitimate reason for being there, and
not having written permission from a school administrator; or in or about a public
building except in the exercise of the right of assembly, free speech or peaceful
petition; or
(5) Loiters with one (1) or more persons for the purpose of unlawfully using or
possessing a narcotic or dangerous drug; or
(6) Remains in or upon any private premises or place of business after having been asked
by the owner, lessee or manager thereof to leave.
Thank you, Eric
ATTACHMENT A: Ordinance No. 17-04
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
SECOND READING – March 28, 2017
Page 1 of 4
TOWN OF AVON, COLORADO
ORDINANCE 17-04
AMENDING AVON MUNICIPAL CODE SECTIONS 3.08.010; 3.08.040;
3.28.020; 5.04.010; AND 9.16.050
WHEREAS, the Colorado legislature has encouraged the establishment and adoption of
uniform definitions for sales tax regulations and has asked the Colorado Municipal League to
facilitate and lead a statewide effort to develop such uniform definitions; and
WHEREAS, the Colorado Municipal League has proposed uniform definitions for sales tax
regulations; and
WHEREAS, the Town of Avon finds that the amend to the applicability of business licenses
will improve the efficiency of the Town’s administration and enforcement of business licensing;
and
WHEREAS, the Town of Avon finds that updating its loitering regulations is necessary to
reflect current laws; and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (the “Town”), the Town Council has the power to adopt ordinances
for promotion and preservation of public health, safety, and welfare; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that
the Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Avon Municipal Code Section 3.08.010. Avon Municipal Code
Section 3.08.010 is hereby amended, with strike out indicating words which are deleted and
underline indicating words which are added, to read as set forth in Exhibit A: Amendments to
Avon Municipal Code Section 3.08.010 Words and phrases defined, attached hereto.
ATTACHMENT A
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
SECOND READING – March 28, 2017
Page 2 of 4
Section 3. Amendment to Avon Municipal Code Section 3.08.040. Avon Municipal Code
Sections 3.08.040 is hereby amended to amend sub-sections (4) and (8) and to add a new sub-
section (9) to read as follows:
(4) Medical supplies, prosthetic devices for humans, and therapeutic devices;
(8) Commercial packaging materials;
(9) Newspapers, as defined by Section 24-70-102, C.R.S., 1973.
Section 4. Amendment to Avon Municipal Code Section 3.28.020. Avon Municipal Code
section 3.28.020 is hereby amended to repeal and re-enact the definition of Hotel room,
condominium unit, or other accommodation to read as follows.
Hotel room, condominium unit, or other accommodation means providing
“Lodging services” as defined in 3.08.010.
Section 5. Amendment to Avon Municipal Code Section 5.04.010. Avon Municipal Code
Section 5.04.010 is hereby amended by repealing and re-enacting in its entirety to read as
follows:
5.04.010. - Applicability.
Any person, as defined in AMC Section 1.04.010 definitions, shall first have applied for and
received a business license issued by the finance director if such person,
(a) is engaged in business in the Town, as defined in AMC Section 3.08.010. Engaged in
business in Town, sub-sections a., c., d., or e.;
(b) advertises for “lodging services”, as defined in AMC Sections 3.08.010 Lodging services,
of a property in the Town of Avon; or
(c) is a “Contractor”, as defined in AMC Sections 3.08.010 Contractor.
The Town Manager may agree to exempt individual vendors for special events in the terms
of a special event agreement if the event producer or other party agrees to obtain a business
license and oversee such individual vendors.
Section 6. Amendment to Avon Municipal Code Section 9.16.050. Avon Municipal Code
Section 9.16.050 Loitering, sub-section (b)(1) is hereby amended to read as follows:
“[RESERVED]”
Section 7. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
ATTACHMENT A
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
SECOND READING – March 28, 2017
Page 3 of 4
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 10. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 11. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 12. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on March 14, 2017 and setting such public hearing for March 28, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
ATTACHMENT A
Ord 17-03 Amending Avon Municipal Code Sections 3.08.010, 5.04.010 and 9.16.050
SECOND READING – March 28, 2017
Page 4 of 4
BY: ATTEST:
____________________________ ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on March 28, 2017.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT A
3.08.010 - Words and phrases defined.
The following words and phrases as used in this Chapter shall have the following meaning unless from the
context it clearly appears that a different meaning is indicated:
Access services means the services furnished by a local exchange company to its customers who
provide telecommunications services which allow them to provide such telecommunications services.
Auction means any sale where tangible personal property is sold by an auctioneer who is either the agent
for the owner of such property or is in fact the owner thereof.
Automotive vehicle means any vehicle or device in, upon or by which any person or property is or may be
transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air.
Automotive vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers or mobile homes.
Automotive vehicle shall not include devices moved by human power or used exclusively upon stationary rails or
tracks.
Business means all activities engaged in or caused to be engaged in with the object of gain, benefit or
advantage, direct or indirect.
Carrier access services means the services furnished by a local exchange company to its customers who
provide telecommunications services which allow them to provide such telecommunications services.
Charitable organization means any entity which:
a.a. Has been certified as a not-for-profitnonprofit organization under Section 501(c)(3) of the Internal
Revenue Code, and
b.b. Is a religious or charitable organization. As used in this definition, a charitable organization is an
organization which exclusively, and in a manner consistent with existing laws and for the benefit of
an indefinite number of persons or animals, freely and voluntarily ministers to the physical, mental or
spiritual needs of persons or animals, and which thereby lessens the burdens of government.
City or Town means the municipality of Avon.
Coin Operated Device means any device operated by coins or currency or any substitute therefor.
Collection Costs shall include, but is not limited to, all costs of audit, assessment, bank fees, hearings,
execution, lien filing, distraint, litigation, locksmith fees, auction fees and costs, prosecution and attorney fees.
Commercial packaging materials means containers, labels, and/or cases, that become part of the finished
product to the purchaser, used by or sold to a person engaged in manufacturing, compounding, wholesaling,
jobbing, retailing, packaging, distributing or bottling for sale, profit or use, and is not returnable to said person for
reuse. Commercial Packaging Materials does not include Commercial Shipping Materials.
Commercial shipping materials means materials that do not become part of the finished product to the
purchaser which are used exclusively in the shipping process.
Commercial shipping materials include but are not limited to containers, labels, pallets, banding material
and fasteners, shipping cases, shrink wrap, bubble wrap or other forms of binding, padding or protection.
Construction equipment means any equipment, including mobile machinery and mobile equipment, which
ATTACHMENT A EXHIBIT A to Ord No 17-04
is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real property,
building, structure or infrastructure.
Construction materials means tangible personal property which, when combined with other tangible
personal property, loses its identity to become an integral and inseparable part of a completed structure or project
including public and private improvements. Construction materials include, but are not limited to, such things as:
asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections,
fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime,
lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures,
putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone,
stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wall paper, weather stripping,
wire netting and screen, water mains and meters and wood preserver. The above materials, when used for forms,
or other items which do not remain as an integral orand inseparable part of a completed structure or project are
not construction materials.
Consumer means:
a. Any individual any person; or
b. A person engaged in business in the Town who purchases, uses, stores, distributes or otherwise
consumes in the Town tangible personal property or taxable services, purchased from sources inside or outside
the Town.
Drugs dispensed in accordance with a prescription means drugs dispensed in accordance with any
order in writing, dated and signed by a licensed practitioner of the healing arts, or given orally by a
practitioner, and immediately reduced to writing by the pharmacist, assistant pharmacist or pharmacy intern,
specifying the name and address of the person for whom the medicine, drug or poison is offered and
directions, if any, to be placed on the label.
Contractor means any person who shall build, construct, reconstruct, alter, expand, modify, or improve
any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant
to an agreement. For purposes of this definition, Contractor also includes subcontractor.
Cover Charge means a charge paid to a club or similar entertainment establishment which may, or may not,
entitle the patron paying such charge to receive tangible personal property, such as food and/or beverages.
Distribution means the act of distributing any article of tangible personal property for use or consumption,
which may include, but not be limited to, the distribution of advertising gifts, shoppers guides, catalogs,
directories, or other property given as prizes, premiums, or for goodwill or in conjunction with the sales of other
commodities or services.
Engaged in business in the Town means performing or providing services or selling, leasing, renting,
delivering or installing tangible personal property for storage, use or consumption within the Town. Engaged in
business in the Town includes, but is not limited to, any one (1) of the following activities by a person.
a. a. Directly, indirectly or by a subsidiary maintains a building, store, office, salesroom, warehouse
or other place of business within the taxing jurisdiction;
b. b. Sends one (1) or more employees, agents or commissioned salespersons into the taxing
jurisdiction to solicit business or to install, assemble, repair, service or assist in the use of its products,
ATTACHMENT A EXHIBIT A to Ord No 17-04
or for demonstration or other reasons;
c. c. Maintains one (1) or more employees, agents or commissioned salespersons on duty at a
location within the taxing jurisdiction;
d. d. Owns, leases, rents or otherwise exercises control over real or personal property within the
taxing jurisdiction; or
e. Makes more than one (1) delivery into the taxing jurisdiction within a twelve-month
period.
e. Exempt commercial packaging materials by any means containers, labels and shipping cases sold toother
than a person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging,
distributing or bottling for sale, profit or use that meet all of the following conditions: common carrier.
a. Are used by the manufacturer, compounder, wholesaler, jobber, retailer, packager, distributor or
bottler to contain or label the finished product;
b. Are transferred by the person along with and as a part of the finished product to the purchaser;
and
c. Are not returnable to the person for reuse.
Farm closeout sale means full and final disposition of all tangible personal property previously used by
a farmer or rancher in farming or ranching operations which are being abandoned.
Finance Director, Director of Finance or Director means the Finance Director of Avon or such other
person designated by the municipality; Finance Director shall also include such person's designee.
Food for home consumption means food for domestic home consumption as defined in 7 U.S.C. Section
2012(g) k)(2014)as amended, for purposes of the federal food stampsupplemental nutrition assistance program,
or any successor program, as defined in 7 U.S.C. Section 2012(ht), as amended, except that food does not
include carbonated water marketed in containers; chewing gum; seeds and plants to grow food; prepared salads
and salad bars; cold sandwiches; deli trays; and foodhot or drinkcold beverages served in unsealed containers
or cups that are vended by or through machines or noncoinnon-coin-operated coin-collecting food and snack
devices on behalf of a vendor.
Gross sales means the total amount received in money, credit, property or other consideration valued in
money for all sales, leases or rentals of tangible personal property or services.
License means an Avon sales and use tax license.
LinenInternet access services means services involving provisionthat provide or enable computer access
by multiple users to the Internet, but shall not include that portion of packaged or bundled services providing
phone or television cable services when the package or bundle includes the sale of Internet Access Services.
Internet subscription services means software programs, systems, data and applications available online
through rental, lease or subscription, that provide information and cleaning of linens,services including, but not
limited to rags, uniforms, coveralls and diapers. , data linking, data research, data analysis, data filtering or record
compiling.
License means an Avon sales tax license.
Lodging services means the furnishing of rooms or accommodations by any person, partnership,
association, corporation, estate, representative capacity or any other combination of individuals by whatever
ATTACHMENT A EXHIBIT A to Ord No 17-04
name known, to a person who for a consideration uses, possesses or has the right to use or possess any room
in a hotel, inn, bed and breakfast, condominium unit, timeshare unit, residence apartment hotel, lodging house,
motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, trailer court and park or similar
establishment, for a period of lessfewer than thirty (30) days under any concession, permit, right of access,
license to use, other agreement or otherwise.
Machinery means any apparatus consisting of interrelated parts used to produce an article of tangible
personal property. The term includes both the basic unit and any adjunct or attachment necessary for the basic
unit to accomplish its intended function.
Manufacturing means the operation and performance of an integrated series of operations which places a
product, article, substance, commodity, or other tangible personal property in a form, composition or character
different from that in which it was acquired whether for sale or for use by a manufacturer. The change in form,
composition or character must result in a different product having a distinctive name, character or use from the
raw or prepared materials.
Medical supplies means prescription drugs for humans, prosthetic medical and dental appliances for
humans and special beds for human patients with neuromuscular or similar debilitating ailments, when sold for
the direct, personal use of a specific individual in accordance with a prescription or other written directive issued
by a licensed practitioner of medicine, dentistry or podiatry; corrective eyeglass lenses (including eyeglass
frames), and corrective contact lenses, when sold for the direct, personal use of a specific individual in
accordance with a prescription or other written directive issued by a licensed practitioner of medicine or
optometry; wheelchairs and crutches, when sold for the direct, personal use of a specific individual; oxygen and
hemodialysis products for use by a medical patient, hearing aids, hearing aid batteries, insulin, insulin-measuring
and -injecting devices, glucose to be used for treatment of insulin reactions and human whole blood, plasma,
blood products and derivatives. This exemption excludes items purchased for use by medical and dental
practitioners or medical facilities in providing their services, even though certain of those items may be packaged
for single use by individual patients after which the item would be discarded.
Mobile machinery and self-propelled construction equipment means those vehicles, self-propelled or
otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways,
and those motor vehicles which may have originally been designed for the transportation of persons or cargo
over the public highways, and those motor vehicles which may have originally been designed for the
transportation of persons or cargo but which have been redesigned or modified by the mounting thereon of
special equipment or machinery, and which may be only incidentally operated or moved over the public highways.
This definition includes but is not limited to wheeled vehicles commonly used in the construction, maintenance
and repair of roadways, the drilling of wells and the digging of ditches.
Newspaper means a publication, printed on newsprint, intended for general circulation and published
regularly at short intervals, containing information and editorials on current events and news of general interest.
The term newspaper does not include magazines, trade publications or journals, credit bulletins, advertising
inserts, circulars, directories, maps, racing programs, reprints, newspaper clipping and mailing services or
listings, publications that include an updating or revision service or books or pocket editions of books.
Pay television means and includes, but shall not be limited to cable, microwave or other television
service for which a charge is imposed.
Person means any individual, firm, partnership, joint venture, corporation, limited liability company, estate or
trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether
ATTACHMENT A EXHIBIT A to Ord No 17-04
appointed by court or otherwise, or any group or combination acting as a unit.
Preprinted newspaper supplements means inserts, attachments or supplements circulated in
newspapers that:
a. Are primarily devoted to advertising; and
b. The distribution, insertion or attachment of which is commonly paid for by the advertiser.
Prescription drugs for animals means drugsa drug which, prior to being dispensed or delivered, is required
by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq. as amended, to state at a minimum
the symbol “Rx Only”, and is dispensed in accordance with any order in writing, dated and signed by a practitioner,
or given orally by a practitioner,licensed veterinarian specifying the animal for which the medicine or drug is
offered and directions, if any; to be placed on the label.
Prescription drugs for humans means a drug which, prior to being dispensed or delivered, is required by
the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum
the symbol “Rx Only”, and is dispensed in accordance with any written or electronic order dated and signed by
a licensed practitioner of the healing arts, or given orally by a practitioner and immediately reduced to writing by
the pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and any required information of
the patient for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label.
Price or purchase price means the aggregate value measured in currency paid or delivered or promised to
be paid or delivered in consummation of a sale, without any discount from the price to the consumer,, on account
of the cost of the materials uses, labor or service cost, and exclusive of any direct tax imposed by the federal
government or by this Chapter, and, in the case of all retail sales involving the exchange of property, also
exclusive of the fair market value of the property exchanged at the same time and place of the exchange, if:
a. a. Such exchanged property is to be sold thereafter in the usual course of the retailer's business,
or
b. b. Such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles
are subject to licensing, registration or certification under the laws of this State, including, but not limited
to, vehicles operating upon public highways, off-highway recreation vehicles, watercraft and aircraft.
Any money or other consideration paid over and above the value of the exchanged property is subject
to tax.
Price or purchase price includes:
a. a. The amount of money received or due in cash and credits;
b. b. Property at fair market value taken in exchange but not for resale in the usual course of the
retailer's business;
c. c. Any consideration valued in money, such as trading stamps or coupons whereby the manufacturer
or someone else reimburses the retailer for part of the purchase price and other media of exchange;
d. d. The total price charged on credit sales including finance charges which are not separately stated
at the time of sale. An amount charged as interest on the unpaid balance of the purchase price is not
part of the purchase price unless the amount added to the purchase price is included in the principal
amount of a promissory note; except, the interest or carrying charge set out separately from the unpaid
balance of the purchase price on the face of the note is not part of the purchase price. An amount charged
ATTACHMENT A EXHIBIT A to Ord No 17-04
for insurance on the property sold and separately stated at the time of sale is not part of the purchase
price;
e. e. Installation, applying, remodeling or repairing the property, delivery and wheeling-in charges
included in the purchase price and not separately stated;
f. f. Transportation and other charges to effect delivery of tangible personal property to the
purchaser;
g. g. Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor stock;
h. h. The gross purchase price of articles sold after manufacturing or after having been made to
order, including the gross value of all the materials used, labor and service performed and the profit
thereon.
Price or purchase price shall not include:
a. a. Any sales or use tax imposed by the State or by any political subdivision thereof;
b. b. The fair market value of property exchanged if such property is to be sold thereafter in the
retailer's usual course of business. This is not limited to exchanges in Colorado. Out-of-state trade-ins
are an allowable adjustment to the purchase price;
c. c. Discounts from the original price if such discount and the corresponding decrease in sales tax
due is actually passed on to the purchaser., and the seller is not reimbursed for the discount by the
manufacturer or someone else. An anticipated discount to be allowed for payment on or before a
given date is not an allowable adjustment to the price in reporting gross sales.
Private communications services means telecommunications services furnished to a subscriber, which
entitle the subscriber to exclusive or priority use of any communication channel or groups of channels, or to
the exclusive or priority use of any interstate inter-communications system for the subscriber's stations.
Prosthetic devices for animals means any artificial limb, part, device or appliance for humananimal use
which replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted
to fit a particular individualpatient; and is prescribed by a licensed practitioner of the healing artsveterinarian.
Prosthetic devices include but are not limited to: prescribed auditory, ophthalmic or ocular, cardiac, dental,
therapeutic or orthopedic devices or appliances, oxygen concentrators and oxygen with related accessories.
Prosthetic devices for humans means any artificial limb, part, device or appliance for human use which
replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a
particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include but
are not limited to: prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances,
oxygen concentrators with related accessories.
Purchase or sale means the acquisition for any consideration by any person of tangible personal property,
other taxable products or taxable services that are purchased, leased, rented, sold, used, stored, distributed or
consumed, but excludes a bona fide gift of property or services. These terms include capital leases, installment
and credit sales and property and services acquired by:
a. a. Transfer, either conditionally or absolutely, of title or possession or both to tangible personal
ATTACHMENT A EXHIBIT A to Ord No 17-04
property; , or other taxable products, or taxable services;
b. b. A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements,
to use tangible personal property, other taxable products or taxable services. The, the utilization of coin-
operated devices, except coin-operated telephones, which do not vend articles of tangible personal
property shall be considered short-term rentals of tangible personal property;
c. c. Performance of taxable services; or
d. d. Barter or exchange for other tangible personal property or services, including coupons.other
taxable products or services.
The terms purchase and sale do not include:
a. a. A division of partnership assets among the partners according to their interests in the
partnership;
b. b. The formation of a corporation by the owners of a business and the transfer of their business
assets to the corporation in exchange for all the corporation's outstanding stock, except qualifying
shares, in proportion to the assets contributed;
c. c. The transfer of assets of shareholders in the formation or dissolution of professional
corporations; , if no consideration including, but not limited to, the assumption of a liability is paid for the
transfer of assets;
d. d. The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if no
consideration including, but not limited to, the assumption of a liability is paid for the transfer of assets;
e. e. A transfer of a partnership interest or limited liability company;
f. The transfer in a reorganization qualifying under Section 368(a)(1) of the Internal Revenue Code
of 1954, as amended;
f. g. The transfer of assets to a commencing or existing partnership or limited liability company, if no
consideration including, but not limited to, the assumption of a liability, is paid for the transfer of assets;
g. The formation of a partnership by the transfer of assets to the partnership or transfers to a partnership
in exchange for proportionate interests in the partnership;
h. h. The repossession of personal property by a chattel mortgage holder or foreclosure by a
lienholder;
i. i. The transfer of assets from a parent corporationcompany to a subsidiary corporationcompany
or corporationscompanies which are owned at least eighty percent (80%) by the parent
corporationcompany, which transfer is solely in exchange for stock or securities of the subsidiary
corporation; company;
j. j. The transfer of assets from a subsidiary corporation or corporations which are owned at least
eighty percent (80%) by the parent corporationcompany to a parent corporationcompany or to another
subsidiary which is owned at least eighty percent (80%) by the parent corporationcompany, which
transfer is solely in exchange for stock or securities of the parent corporationcompany or the subsidiary
ATTACHMENT A EXHIBIT A to Ord No 17-04
which received the assets;
k. k. The transfer of assets between parent and closely held subsidiary corporationscompanies, or
between subsidiary corporationscompanies closely held by the same parent corporationcompany,
or between corporationscompanies which are owned by the same shareholders in identical percentage
of stock ownership amounts, computed on a share-by- share basis, when a tax imposed by this Chapter
was paid by the transferor corporationcompany at the time it acquired such assets, except to the extent
that there is an increase in the fair market value of such assets resulting from the manufacturing,
fabricating or physical changing of the assets by the transferor corporationcompany. To such an extent
any transfer referred to in this Paragraph shall constitute a sale. For the purposes of this Paragraph, a
closely held subsidiary corporationcompany is one in which the parent corporationcompany owns stock
possessing at least eighty percent (80%) of the total combined voting power of all classes of stock
entitled to vote and owns at least eighty percent (80%) of the total number of shares of all other classes
of stock.
Recreation services means all services relating to athletic or entertainment participation events, including
but not limited to pool, golf, billiards, skating, tennis, bowling, health/athletic club memberships, coin-operated
amusement devices, video games and video club memberships.
Renewable Energy means any energy resource that is naturally regenerated over a short time scale and
derived directly from the sun (such as thermal, photochemical, and photoelectric), indirectly from the sun (such
as wind, hydropower, and photosynthetic energy stored in biomass), or from other natural movements and
mechanisms of the environment (such as geothermal and tidal energy). Renewable Energy does not include
energy resources derived from fossil fuels, waste products from fossil sources, or waste products from inorganic
sources.
Resident means a person who resides or maintains one or more places of business within the Town,
regardless of whether that person also resides or maintains a place of business outside of the Town.
Retail sales means all sales except wholesale sales.
Retailer means any person selling, leasing or, renting, or granting a license to use tangible personal property
or services at retail. Retailer shall include, but is not limited to, any:
a. a. Auctioneer;
b. b. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect
agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer. ;.
c. Charitable organization or governmental entity which makes sales of tangible personal property to the
public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation
or that the proceeds are to be used for charitable or governmental purposes;
d. Retailer-Contractor, when acting in the capacity of a seller of building supplies, construction materials,
and other tangible personal property.
Retailer-Contractor means a contractor who is also a retailer of building supplies, construction materials,
or other tangible personal property, and purchases, manufactures, or fabricates such property for sale (which
ATTACHMENT A EXHIBIT A to Ord No 17-04
may include installation), repair work, time and materials jobs, and/or lump sum contracts.
Return means any form prescribed by the salesTown administration for computing and use tax reporting
form used to report sales and use tax. a total tax liability.
Sales tax means the tax that is collected or required to be collected and remitted by a retailer on sales taxed
under this Code.
Security system services means electronic security system alarm and/or monitoring services. Such term
does not include nonelectronicnon-electronic security services such as consulting or human or guard dog patrol
services.
Software Program means a sequence of instructions that can be measured, interpreted and executed by
an electronic device (e.g. a computer, tablets, smart phones) regardless of the means by which it is accessed or
the medium of conveyance. Software program includes: (1) Custom software program, which is a software
program prepared to the special order or specifications of a single customer; (2) Pre-written software program,
which is a software program prepared for sale or license to multiple users, and not to the special order or
specifications of a single customer. Pre-written software is commonly referred to as “canned,” “off-the-shelf
(“COTS”),” “mass produced” or “standardized;” (3) Modified software, which means pre-written software that is
altered or enhanced by someone other than the purchaser to create a program for a particular user; and (4) The
generic term “software,” “software application,” as well as “updates,” “upgrades,” “patches,” “user exits,” and any
items which add or extend functionality to existing software programs.
Software as a Service means software that is rented, leased or subscribed to from a provider and used at
the consumer’s location, including but not limited to applications, systems or programs.
Software License Fee means a fee charged for the right to use, access, or maintain software programs.
Software Maintenance Agreement means an agreement, typically with a software provider, that may
include (1) provisions to maintain the right to use the software; (2) provisions for software upgrades including
code updates, version updates, code fix modifications, enhancements, and added or new functional capabilities
loaded into existing software, or (3) technical support.
Solar Thermal Systems means a system whose primary purpose is to use energy from the sun to produce
heat or cold for: (1) Heating or cooling a residential or commercial building; (2) Heating or cooling water; or (3)
Any industrial, commercial, or manufacturing process.
Sound system services means sound system services involvingthe provision of broadcast or
prerecordedpre-recorded audio programming to a building or portion thereof. Such term does not include
installation of sound systems where the entire system becomes the property of the building owner or the sound
system service is for presentation of live performances.
Storage means any keeping or retention of, or exercise dominion or control over, or possession of, for any
length of time, tangible personal property not while in transit but on a stand still basis for future use when leased,
rented or purchased at retail from sources either within or without the City from any person or vendor.
Tangible personal property means corporeal personal property. The term shall not, however, include
newspapers as defined by Section 24-70-102, C.R.S., 1973.personal property that can be one or more of the
following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner
ATTACHMENT A EXHIBIT A to Ord No 17-04
perceptible to the senses.
Tax means the use tax due from a consumer or the sales tax due from a retailer or the sum of both due from
a retailer who also consumes.
Tax deficiency means any amount of tax, penalty, interest, or other fee that is not reported and/or not paid
on or before the due date. that any return or payment of the tax is required under the terms of this Code.
Taxable sales means gross sales less any exemptions and deductions specified in this Code.
Taxable services means services subject to tax pursuant to this Code.
Taxpayer means any person obligated to collect and/or pay tax under the terms of this Code.
Telecommunications service means the service of which the object is the transmission of any two- way
interactive electromagnetic communications, including but not limited to voice, image, data and any other
information, by the use of any means, but not limited to wire, cable, fiber optical cable, microwave, radio wave or
any combinations of such media. Telecommunications service includes but is not limited to basic local exchange
telephone service, toll telephone service and teletypewriter service, including but not limited to residential and
business service, directory assistance, cellular mobile telephone or telecommunication service, specialized
mobile radio and two-way pagers and paging service, including any form of mobile two-way communication.
Telecommunications service does not include separately stated nontransmission services which constitute
computer processing applications used to act on the information to be transmitted.
Television & Entertainment Services means audio or visual content, that can be transmitted electronically
by any means, for which a charge is imposed.
Therapeutic device means devices, appliances or related accessories that are sold to correct or treat a
human physical disability or surgically created abnormality; if such device, appliance or related accessory has a
retail value of more than one hundred dollars ($100.00), it must be sold in accordance with a written
recommendation from a licensed doctor to qualify as a therapeutic device for purposes of this Code. .
Total tax liability means the total of all tax, penalties or interest owed by a taxpayer and shall include sales
tax collected in excess of such tax computed on total sales.
Use tax means the tax paid or required to be paid by a consumerexercise, for using, storing,
distributing or otherwise consumingany length of time by any person within the Town of any right, power or
dominion over tangible personal property or taxable services inside the Town.
WATS/800 service means any outboundwhen rented, leased or purchased at retail from sources either within or
inbound interstate wide area telecommunications service or other similar service which entitleswithout the subscriber,
upon payment of a periodic charge, based upon a flat amount and/Town from any person or vendor or usage, to make
or receive a large volume of telephonic communications to or from persons having telephone or radio telephone
stationsused in specified areas which are outside the telephone system areaperformance of a contract in which the
subscriber's stationTown whether such tangible personal property is located. owned or not owned by the taxpayer.
Use also includes the withdrawal of items from inventory for consumption.
Wholesale sales means salessale by wholesalers to licensed retailers, jobbers, dealers or other wholesalers
for resale. and does not include a sale by Wholesalers to users or consumers not for resale; latter types of sales
shall be deemed to be Retail Sales by wholesalers to consumers are not wholesale sales. Sales by wholesalers
ATTACHMENT A EXHIBIT A to Ord No 17-04
to nonlicensed retailers are not wholesale sales.and shall be subject to the provisions of this chapter.
Wholesaler means any person doing an organized wholesale or jobbing business and selling to retailers,
jobbers, dealers or other wholesalersWholesalers, for the purpose of resale, and not for storage, use,
consumption or distribution.
ATTACHMENT A EXHIBIT A to Ord No 17-04
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: March 28, 2017
Agenda Topic: Approval to Transfer Funds to the Avon Regional Transit Facility (ARTF)
Garage Doors Repairs Project from the 2017 Capital Projects Fund
Contingency Line Item
ACTION BEFORE COUNCIL
To transfer $55,000 to the ARTF Garage Doors Project from the 2017 Capital Projects Fund
Contingency budget line item.
PROPOSED MOTION
I move to approve the transfer of $55,000 from the 2017 Capital Projects Fund Contingency
line item to the ARTF Garage Doors Repair Project.
DISCUSSION
Recently, there have been significant issues with the operation of the garage doors at ARTF.
The issues include doors coming off the tracks, spring coils breaking, cables coming off of
the spools and doors out of adjustment. Staff has retained a new vendor to assist with the
maintenance of the doors and the vendor has recommended some upgrades to the door
systems to improve reliability and safety. This project will implement the upgrades in the
next couple of months.
BUDGET
The 2017 Capital Projects Fund Contingency line item has a balance of $250,000. After the
transfer of $55,000 to the ARTF Garage Door Repair Project there will be $195,000 remaining
in the contingency.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: March 28, 2017
Agenda Topic: Notice of Award for the Nottingham Park Restroom Remodel Project
ACTION BEFORE COUNCIL
Authorize staff to issue the Notice of Award for construction of the Nottingham Park Restroom
Remodel Project to Hess Contracting in the amount of $303,517.
PROPOSED MOTION
I move to authorize issuance of the Notice of Award for the Nottingham Park Restroom Remodel
Project contract to Hess Contracting, Inc. in the amount of $303,517.
DISCUSSION
The Nottingham Park Restroom Remodel Project will update the restrooms that were constructed in
1983 and are due for an update. The project includes replacing the exterior siding, changing the roof
design to match the pavilion, updating the fixtures, adjusting the stalls so that they comply with the
Americans with Disabilities Act requirements, skim coating the CMU block walls and adding a picnic
shelter to the west facing the proposed playground.
Staff advertised the Nottingham Park Restroom Remodel Project for three weeks beginning on
February 16, 2017 and the bid opening occurred on March 16, 2017. The advertisement was placed in
the legal notices section of the Vail Daily, posted on the Town’s website and included in the weekly
Town advertisement in the Vail Daily. Only one bid was received from Hess Contracting in the
amount of $303,517.00. Also, the bid package was sent to 15 local contractors who have done
business in the Town and were recommended by the Chief Building Official. The upturn in
construction in the valley and the lack of labor is the likely reason for the lack of interest in a
relatively small project. Construction will begin right after the Notice of Award and will be
completed by the peak summer season.
BUDGET
The Project is funded through the Town of Avon 2016 Capital Projects Fund with a 2017 budget of
$221,850. The project budget will have to be amended in the next budget amendment to $315,000 to
cover construction and contingency.
The scope of the project can be reduced by $63,211 to $240,306 by eliminating the picnic shelter
proposed on the west side of the building overlooking the new playground. The difference between
project cost and project budget can be funded out of the $250,000 capital fund contingency.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, Planning Director
Justin Hildreth, Town Engineer
Rego Omerigic, Fleet Director
John Curutchet, Recreation Director
Eva Wilson, Transportation Director
Virginia Egger, Town Manager
Meeting Date: March 28, 2017
Agenda Topic: COUNCIL PRIORITIZATION OF SPECIFIC PROGRAMS AND PROJECTS FROM THE CLIMATE ACTION
PLAN FOR THE EAGLE COUNTY COMMUNITY
ACTION BEFORE COUNCIL
To develop an implementation schedule for programs and projects from the Eagle County Climate
Action Plan.
PROPOSED MOTION
I move to approve [amend/deny] the Implementation Schedule presented in Attachment 1, and to
authorize an agreement with CLEER Colorado Building Energy Navigator for an emissions monitoring
program, in an amount not to exceed $50,000, with funding from the Capital Projects Fund
contingency.
2007 TOWN OF AVON CLIMATE ACTION PLAN
The 2007 Town of Avon Climate Action Plan (2007CAP), dated October 2007, provided the Town a
comprehensive and exhaustive 2006 baseline inventory, and policies and strategies to reduce the
Town’s CO2. Goals were set to reduce levels by 30% by 2020 and 80% by 2050. The 2007 CAP found
the Town’s buildings to be the largest contributor to CO2 (63%), followed by Transportation (23%) and
Public Works systems, such as irrigation and street lights contribute 14%.
A recent review, by Town staff, of the strategies, to cut CO2, in the 2007CAP, found that:
1) A baseline was developed, but the more precise energy audit, to set the most reliable
baseline, as recommended, was not pursued;
2) Numerous strategies identified in the plan have been implemented;
3) Annual tracking of CO2 changes has not been done; and
4) The 2007 CAP was completed prior to the construction of the new ARTF, heat recovery
addition to the Recreation Center and decision to move Town Hall. In addition, the
emphasis on walkability, increased transit, LED light conversions and upgrades planned
to the Park Restrooms are examples of actions, which can be expected to dynamically
change CO2 emissions across sectors.
Page 2
2016 CLIMATE ACTION PLAN FOR THE EAGLE COUNTY COMMUNITY
In December 2016, the Climate Action Plan for the Eagle County Community (2016CAP) was published
under the coordination efforts of the Walking Mountains Science Center. Included in the 2016CAP is
the Eagle County Energy Inventory, which estimates emission by sector:
Positive measures to reduce GHG emissions
are recommended in the 2016CAP, with
emission reduction targets, from the 2014
Baseline set through the Eagle County Energy
Inventory:
25% by 2025 70% by 2045
50% by 2035 80% by 2050
The Avon Town Council adopted the 2016CAP, by Resolution 16-38, on December 13, 2016. In
adopting the 2017-18 Town of Avon Strategic Plan Update on February 14, 2017, by Resolution 17-03,
the Town set forth two general strategies to implement the 2016CAP:
Partner with Eagle County and its political jurisdictions to implement the Eagle County Climate
Action Plan
With the Avon Town Council’s adoption of the Climate Action Plan for the Eagle County
Community, develop an implementation plan for the specific goals of the plan, including but
not limited to maximization of the heat recovery system.
GHG REDUCTION ACTION & RECOMMENDED IMPLEMENTATION SCHEDULE
This report presents a detailed review, by Town staff, of the recommended programs and projects to
reduce both the Town’s municipal GHG emissions and private commercial and residential emissions.
Attachment 1 provides the following:
Column 1 – Lists all projects and programs Recommended Specifically for Towns, in the
2016CAP, by sector. In addition, staff has added to the list other Town projects, which are
included in the 2017-2018 Town of Avon Strategic Plan; and, which have been completed or are
underway.
Column 2 – Identifies whether an action has been approved in the Strategic Plan or is
currently being implemented. There are numerous actions in the 2016CAP that Avon has
undertaken.
Column 3 – Recommends timeframes for implementation.
Column 4 – Provides notes for the listed projects and programs.
Page 3
Two significant new projects are recommended in the Attachment 1:
Photovoltaics: Install Solar (PV) at Recreation Center, Fleet Building, Transit Center by
2021 – This will require study, both for the cost and application benefits, but also to
develop funding alternatives. (Also, included in the Implementation Schedule is the
installation of electric car charging stations.)
100% Renewable Power by 2030: Become a municipality which runs 100% on Renewable
Power by 2030 – Only a handful of cities have achieved this objective, including Burlington,
Vermont, Greensburg, Kansas, and Aspen, Colorado, but numerous others have set this goal
for future years. Mayor Pro Tem Sarah Smith Hymes research indicates that the Climate
Reality Project's 100% Renewable/I Am Pro Snow Campaign is ready, willing, and staffed to
facilitate it.
Programs Which May Require New Regulations
Without exception, staff is recommending consideration of new regulations no sooner than Year 3.
Our thoughts include: 1) allowing the opportunity for the many projects already underway to be
completed and GHG changes measured; and 2) the opportunity to work with the other municipalities
and Eagle County on these types of regulations. While Avon is serious about GHG reductions in the
private sector, it may be more effective if any new regulations are considered among all the
governmental entities at the same time for implementation equity.
The Important Role of Community Education
Staff reached out to Mr. John Gitchell, Eagle County’s Energy Smart Program Administrator, to discuss
community education and establishing the 2014 GHG baseline and tracking program. Regarding
community education, John shared:
The goal is to form a team at the first CAP meeting on March 27, then develop and deliver an education
campaign throughout the county. Eagle County supports this effort through a service agreement with
Walking Mountains. Town Engineer Justin Hildreth will be attending that meeting and will be able to
provide an update at the Council meeting.
John was also extremely helpful in thinking through the baseline and providing information on the
County’s monitoring tools. The results of those communications are covered in the next paragraph.
Establishing the 2014 Baseline & Tracking GHG Reductions
The2016 CAP has set 2014 as the baseline year to measure changes in GHG in the future. Calculating the
baseline and tracking outcomes is critically important. Staff is recommending the following approach for
this work, in 2017:
CLEER Colorado Building Energy Navigator
Utilize for buildings and street lights the CLEER Colorado Building Energy Navigator, which is being
used by Eagle County and Eagle County Schools. Developed as part of the Garfield County Clean
Energy, CLEER provides 15 minute energy data and metrics to analyze daily, weekly and monthly
usage, with CO2 conversion charts.
Estimated cost is: Year 1 = $33,500 Set-up and On-going = $4,800/year
For fleet/transit/irrigation, utilize the 2006 inventory baseline inventory, unless a more cost
effective tracking and conversion system is identified.
Measure GHG emissions from 2006 baseline to 2014, to calculate GHG changes, for
implementation measures during the period.
Page 4
Measure GHG emissions from 2014 – 2017 to calculate GHG changes, for implementation measures
during the period.
Once the Implementation Schedule is approved, staff first will estimate the reductions in GHG for
each project, to ensure that municipal infrastructure changes will result in meeting the target dates
and reduction rates as established in the 2017CAP, if not sooner.
RENEWABLE ENERGY SALES TAX CREDIT UPDATE
The Town passed legislation in April of 2016 granting a temporary tax credit for renewable energy
production components. The incentive to use a renewable energy source, including but not limited
to wind, solar, solar thermal systems, and geothermal energy systems, expires on December 31, 2018.
As a tax credit, the Town is not able to track whether the credit is being used.
ENERGY OFFSET PROGRAM FOR RESIDENTIAL AND COMMERCIAL SNOWMELT AND/OR OUTDOOR
POOLS UPDATE
Community Development has issued three (3) permits with alternative energy to offset snowmelt
systems. These projects all utilized roof mounted PV systems to offset the exterior snowmelt
systems:
1. 1969 Paintbrush Mt. Star, solar offset
2. 569 Chiming Bells Mt. Star, solar offset
3. 60 Buck Creek Public Safety building, solar offset
Other residential permits have been issued, but do not have snow melt, exterior pools, or other
items that would trigger the offset program. No fees have been paid in lieu of installing solar at the
new building.
PARTNERSHIPS: CLIMATE CHANGE ORGANIZATIONS AND INITIATIVES
Mayor Pro Tem Sarah Smith Hymes has researched the various organizations in Colorado and nation,
“….which have crossed my(Sarah’s) path since I've been on council that may be helpful
implementing our CAP, lobbying for climate action legislation, and positioning Avon as an
environmental steward and green energy leader.” In addition to considering outreach to the Climate
Reality Project's 100% Renewable/I Am Pro Snow Campaign, other nonprofits, based in Colorado
which may be considered for partnership and support include:
Protect Our Winters (POW) with primary audience of kids and young adults
The Mountain Pact, which seeks to empower mountain communities to build a shared voice
on federal policy related to climate, public lands and outdoor recreation.
Colorado Communities for Climate Action (CC4CA) – This is a new coalition of local
governments that advocate for state and federal policies to protect Colorado’s climate for
current and future generations.
Compact of Colorado Communities is a nascent network of Colorado’s elected officials
dedicated to fighting climate change in their communities and providing resources and
connection.
If time allows at Tuesday’s meeting, a discussion of reaching out to one or more of these
organizations for future Council presentations will be held.
ATTACHMENT 1
2016 CLIMATE ACTION PLAN
IMPLEMENTATION SCHEDULE
TRANSPORTATION & MOBILITY
Programs and Projects
STRATEGIC PLAN/
CURENTLY BEING
IMPLEMENTED
IMPLEMENTATION
SCHEDULE NOTES
Change car culture; company incentives for collective transport and
telecommuting/encourage remote working Year 1
PARTNER WITH ECO TRANSIT; MULTI-MODAL PLANNING IN PROCESS
Bicycle education programs (ex: learn to ride safely, bike repair
classes, bike donation/earn a bike programs); bicycle sharing program;
E-bikes sharing program; work with local merchants
Year 1
BIKE SHARE EVALUATION IN PROCESS –PLANNED IMPLEMENTATION SUMMER 2017;
MAY REQUIRE FUNDING – EBIKES ON HARD SURFACES TO BE DETERMINED; INCLUDE
ACTIONS AT MAY BIKE FEST
Shared work spaces (co-working spaces shared by businesses and
others) so people don’t have to commute cross county) Year 1 NEW TOWN HALL DESIGN
Local in-proximity to workplace affordable housing to
reduce commuting miles; reduce county sprawl
infrastructure extensions
Year 1
EXPAND HOURS UNTIL 10PM
Determine funding for a Town of Avon internal late night bus
Year 1 EXPAND HOURS UNTIL 10PM
Electric vehicle infrastructure and incentives; electric buses, more
electric charging stations Year 1 - 2 CHARGING STATIONS AT NEW TOWN HALL; APPLYING FOR GRANT FOR
CHARGING STATIONS; FUND IN FUTURE BUDGETS
Car share/Ride share/carpool service Year 1 - 2 RESEARCH FOR IMPLEMENTATION OVER THE NEXT 2 YEARS
Complete connectivity for biking/walking between towns and better
designated bikeways to improve safety; provide bike parking racks
and wayfinding
Year 1 - 2 2017 MULTI- MODAL PLAN + IMPROVEMENTS IN PROCESS
Bid and construct approved E/WBC Boulevard walkability plan in one
or two phases depending on cost
Year 1 - 2
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. Include the East Benchmark
Boulevard/Beaver Creek Place road section to the intersection with
Beaver Creek Boulevard, as part of the Avon core.
Year 1 - 2
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 and West
Beaver Creek Boulevard west of Lake Street, and a Tipsy Taxi
program; stay attentive to the potential role of autonomous cars
ON-GOING
Participate in ECO initiatives such as late night bus service to serve
workers, a Tipsy Taxi program, and transit consolidation
ON-GOING
Public transport service with existing rail line; including railbikes ON-GOING COUNTY IS LEADING EFFORT
ATTACHMENT 1
2016 CLIMATE ACTION PLAN
IMPLEMENTATION SCHEDULE
TRANSPORTATION & MOBILITY - Programs and
Projects
STRATEGIC PLAN/
CURENTLY BEING
IMPLEMENTED
IMPLEMENTATION
SCHEDULE NOTES
Commit to low carbon emission, and zero tailpipe emission, vehicles
and equipment ON-GOING NEW VEHICLES
Funding for low cost/free transit; ON-GOING EXPAND HOURS/RESEARCH ON DEMAND AND HAILING PROGRAMS
Charge for parking TBD 2017 MULTI- MODAL PLAN
Transit-oriented design zoning NA NA COMPLETED
ACHIEVEMENTS SINCE 2006
CONSTRUCTION OF TRANSIT FACILITY REDUCED NUMBER OF TOWN
CARS HYBRID PURCHASES PURCHASE OF SMALLER BUSES; PILOT PROGRAM
REGULAR VEHICLE/EQUIPMENT MAINTENANCE WALKABILITY PLANNING MULTI-MODAL PLAN NEW BUS SHELTERS
METCALF BIKE CLIMBING LANE REGIONAL TRAIL COMPLETION MAIN STREET MALL WEST AVON PRESERVE TRAILS
FREE SPACES TO EXPLORE MARKETING CAMPAIGN MANAGED PARKING
ATTACHMENT 1
2016 CLIMATE ACTION PLAN
IMPLEMENTATION SCHEDULE
COMMERCIAL BUILDINGS - Programs and Projects
STRATEGIC PLAN/
CURENTLY BEING
IMPLEMENTED
IMPLEMENTATION
SCHEDULE NOTES
Develop baseline energy usage for commercial buildings / plazas YEAR 1 NEED TO UPDATE INVENTORY EMISSIONS; SET NEW BASELINE; UTILIZE
COLORADO BUILDING NAVIGATOR; 2006 CAP
Expand Energy Smart to beyond retrofits; focus on multi-family, low
income units
YEAR 1 PARTNER WITH WALKING MOUNTAINS/COUNTY TO
EXPAND AND GROW THIS PROGRAM
Modify buildings to maximize natural light; add dark sky compliant lighting
retrofits; Continue to retrofit Town street lights to LED
YEAR 1 IN PROCESS OR COMPLETED; 50% STREET LIGHTS HAVE BEEN RETROFITTED
WITH LED BULBS
Complete construction of the new Police Station and New Town Hall
YEAR 1 INSTALL SOLAR AT POLICE STATION; PURSUE LEED SILVER AT NEW TOWN HALL
Amend the Town’s landscape code to more effectively replace
vegetation which has been removed YEAR 1
Re-evaluate the Alternative Equivalent Compliance regulation to include
a stronger nexus, with specific metrics, for performance to the Climate
Action Plan
YEAR 1 - 2
Include more advanced levels of Actively Green YEAR 2 - 5 REC CENTER STARTED; OTHER BLDGS TO FOLLOW; COLORADO BUILDING ENERGY
NAVIGATOR CAN HELP FACILITATE IMPLEMENTATION
Install Solar (PV) At Rec Center, Fleet Building, Transit Center
YEAR 2 - 5 EVALUATE TIMING AND RESEARCH FUNDING MECHANISMS
Minimum rental energy efficiency guidelines YEAR 3+ NEW REGULATION
Develop net zero building codes and certification programs YEAR 3+ NEW REGULATION
Land planning: encourage gardens, green roofs, and native plants in all
commercial buildings; create infrastructure for construction and
demolition waste,
YEAR 3+
NEW REGULATION/
COUNTY ALREADY PROVIDES FOR WASTE
Set wattage limits for lighting for new/remodeled buildings and dark sky
code
YEAR 3+ NEW REGULATION
Make sustainability practices part of consideration in awarding
contracts/ new building requirements - onsite or offsets
ON-GOING
ACTIVELY DONE FOR NEW BUILDINGS
Increase assessments and rebates for renewable energy use on commercial
properties
MONITOR COUNCIL PASSED ORDINANCE: OFFSET PROGRAM; SHOULD IT BE EXPANDED
Adopt SmartRegs for buildings EVALUATE ADOPTED 2015 IBC; EVALUATE BENEFIT
Expand local mitigation programs and fees on snowmelt to address
outdoor energy use
COMPLETED COUNCIL ADOPTED
ATTACHMENT 1
2016 CLIMATE ACTION PLAN
IMPLEMENTATION SCHEDULE
ACHIEVEMENTS SINCE 2006
CONSTRUCTED FLEET BUILDING; ALLOWS FOR SOLAR ADDITION ENFORCEMENT OF DARK SKY NEW TOWN HALL - LEED
ACQUIRED NEW TOWN HALL ALLOWING DEMOLITON OF THE EXISTING
TOWN HALL
NEW LED STREET LIGHTS
DEVELOPED HEAT RECOVERY ADOPTED 2015 IBC
PASSED ENERGY OFFSET FOR SNOWMELT PSF - SOLAR
ADOPTED SALES TAX REBATE FOR RENEWABLES
INSTALLED SENSORS; ELIMINATED EXTRA APPLIANCES; COMPUTER
POWER SAVERS
ATTACHMENT 1
2016 CLIMATE ACTION PLAN
IMPLEMENTATION SCHEDULE
RESIDENTIAL BUILDINGS - Programs and Projects
STRATEGIC PLAN/
CURENTLY BEING
IMPLEMENTED
IMPLEMENTATION
SCHEDULE NOTES
Amend the Town’s landscape code to more effectively replace vegetation
which has been removed YEAR 1
Re-evaluate the Alternative Equivalent Compliance regulation to include a
stronger nexus, with specific metrics, for performance to the Climate Action
Plan
YEAR 1 - 2
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
YEAR 1 - 2
Promote water conservation – native grasses, organic matter, xeriscaping
YEAR1/ ON-GOING DONE FOR NEW – BUDGET FOR EXISTING
Work with HOAs to promote low water use and energy efficiency practices YEAR 2+ PARTNER WITH UERWA
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
YEAR 2+ PARTNER WITH UERWA
Work with HOAs to promote low water use and energy efficiency practices YEAR 2+ PARTNER WITH UERWA
Multi-zone split systems for efficient electric baseboards YEAR 3+ NEW REGULATION
Smart sensors in homes, especially large second homes YEAR 3+ NEW REGULATION
Develop net zero building codes and certification programs YEAR 3+ NEW REGULATION
Eco-Build 3.0 – above 2015 IRC codes for new and existing buildings YEAR 3+ NEW REGULATION
Generate new sources of revenue for income qualified energy efficiency
upgrades; employers could offer as benefit to employees
YEAR 3+
RESEARCH NEEDED; PARTNERSHIPS
Consistent building codes across local political boundaries to increase building
contractor’s time efficiency and avoid “jurisdictional shopping” by contractors MONITOR AVON ADOPTED 2015 IBC – NOT SURE IF OTHERS HAVE
Town-sponsored events and programs that support energy efficiency PROMOTE/MONITOR RENEWABLE TAX OFFSET; RENEWALBLE SALES TAX REBATE;
EV PROMOTION; PARTNER WITH THE COUNTY
ACHIEVEMENTS SINCE 2006
ADOPTION OF 2015 IBC NEW PARK IRRIGATION
PUMPS NEW LANDSCAPE REGULATIONS – 2ND Q ACTION
RENEWABLE ENERGY SALES TAX REBATE PROGRAM ENERGY OFFSET REGULATION AEC TIE TO CLIMATE ACTION PLAN – 4Q ACTION
LOW WATER NATIVE LANDSCAPING AND IRRIGATION – AVON ROAD, MALL,
POST BLVD
ATTACHMENT 1
2016 CLIMATE ACTION PLAN
IMPLEMENTATION SCHEDULE
Waste and Landfill - Programs and Projects
STRATEGIC PLAN/
CURENTLY BEING
IMPLEMENTED
IMPLEMENTATION
SCHEDULE NOTES
In planning for the new Station and Town Hall, adopt a paperless strategy to
reduce waste YEAR 1
Reduce use of single use shopping bags county-wide YEAR 1
Packaging policies, get rid of Styrofoam YEAR 1
Pay as you throw YEAR 1 EVALUATE IN 2017 WITH COUNTY
Address infrastructure gaps discovered in waste access audit of public
spaces
YEAR 2 - 3 NOT SURE OF THIS PROJECT
Visible public recycling areas, drop sites – at bus stops, sidewalks, at
events, etc.
YEAR 2- 3 TO BE DONE
Reuse construction materials (lumber and construction and demolition waste) YEAR 3+ LANDFILL CAN TAKE THESE WASTES; NEW REGULATION
Register pesticide users to protect organic waste YEAR 3+ NEW REGULATION
Zero waste events supported by towns and event producers
PROMOTE SUPPORT WITH COUNTY/WALKING MOUNTAINS
Consistent county-wide recycling practices and procedures MONITOR PARTNER WITH COUNTY
Zero waste event goals – encourage events and event facilities to be zero
waste MONITOR AVON ALREADY DOES
Yard waste collection county-wide MONITOR PARTNER WITH COUNTY
Commercial compost provided MONITOR PARTNER WITH COUNTY
Waste hauler licensing EVALUATE NEW FRANCHISE REGULATION/CONSIDER WITH PAY AS YOU
THROW WORK IN 2017
ACHIEVEMENTS SINCE 2006
STRATEGIC PLAN INITIATIVES TOWN CLEAN-UP DAY SPECIAL EVENT RECYCLING;
COMPOSTING
100% RENEWABLE ENERGY - PROJECT
STRATEGIC PLAN/
CURENTLY BEING
IMPLEMENTED
PRIORITY Recommended especially for towns
Develop and implement a program to run the Town of Avon – Municipality with
100% renewable energy
YEAR 2030 RESEARCH WIND, HYDRO AND SOLAR APPLICATIONS;
BRING ALL BUILDINGS TO FULL EFFICIENCY
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 14, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 3:31 p.m. A roll call was taken and Council members
present were Megan Burch, Amy Phillips and Sarah Smith Hymes. Council members Jake Wolf, Scott
Prince and Matt Gennett were absent. Also present were Town Manager Virginia Egger, Town Attorney
Eric Heil, Transportation Director Eva Wilson, Executive Assistant to the Town Manager Preston Neill and
Town Clerk Debbie Hoppe.
Council members Jake Wolf and Scott Prince arrived a few minutes late.
2. APPROVAL OF AGENDA
Start time: 00:38 Part One
Mayor Fancher requested that item #3 be moved to when the regular meeting is called to order at
approximately 5:10 p.m. Council agreed to the change.
4. JOINT WORK SESSION WITH EAGLE COUNTY COMMISSIONERS
Start time: 01:02 Part One
Jill Ryan, Eagle County Commissioner, presented the Avon Town Council with a gift (notebook) and
the Eagle County Strategic Plan. The following items were discussed:
• Eagle County Climate Action Plan Implementation – The discussion focused on implementation,
including consideration in 2017 of a pay-as-you-throw trash/recycling program.
• Attainable Housing – The Commissioners detailed the goals of the Eagle County Housing and
Development Authority Advisory Committee (ECHDA), which is being formed. Other topics
touched on the County’s committed resources of $3,000,000 for project development and that
the County is updating its housing assessment study.
• ECO Transportation Development Plan – ECO’s Transportation Development Plan will take 12 – 14
months to complete. Avon is participating in the development of the Plan. The Commissioners
recommended the County’s entities work together on matters pertaining to the railroad. This will
be a discussion at the next Mayor/Manager meeting on March 17th. The Commissioners also
reported on its recent support for a bike share program in Basalt and El Jebel that can serve as a
model for Avon.
• Towns and Unincorporated Areas – Revenues & Expenditures – Avon asked about setting up a
multijurisdictional work group to analyze the proportionality of County expenditures compared
to County tax collections. The Commissioners agreed to make this a future Mayor/Manager
meeting topic and to assign their staff to prepare an analysis.
Michael Cacioppo commented regarding unincorporated Edwards.
5. MOTION TO CONTINUE REGULAR MEETING FOR A MEETING OF THE LIQUOR LICENSING AUTHORITY
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 14, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 2
6. CALL TO ORDER & ROLL CALL OF THE CONTINUED REGULAR MEETING
Mayor Fancher called the continued regular meeting to order at 5:08 p.m. A roll call was taken and
Council members present were Amy Phillips, Megan Burch, Jake Wolf, Scott Prince and Sarah Smith
Hymes. Council member Gennett was absent.
3. MEETING PROCEDURES FOR THE MEETING OF MARCH 14, 2017
Start time: 05:35 Part Two
Mayor Fancher reviewed the meeting procedures.
3.1 ACTION ITEMS
• PRESENTATION OF ITEM
• PUBLIC COMMENT – 3 MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY
OF COUNCIL AGREES TO A LONGER TIME
• COUNCIL DISCUSSION
• MOTION
• COUNCIL DISCUSSION
• VOTE
3.2. WORK SESSION ITEMS
• PRESENTATION OF ITEM
• COUNCIL DISCUSSION
• PUBLIC COMMENT - 3 MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY
OF COUNCIL AGREES TO A LONGER TIME
• COUNCIL DIRECTION
7. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Start time: 07:10 Part Two
Michael Cacioppo commented about Mayor Fancher indicating that a motion has passed “unanimously”
when there are Council members absent. He also made a comment about the departure of several Town
employees over the last couple of years.
8. PRESENTATION OF A PROCLAMATION FOR ONE BOOK ONE VALLEY (MAYOR JENNIE FANCHER)
Start time: 13:27 Part Two
Lorrie Ann Barnes, Town of Vail Librarian, presented the Town Council information about One Book
One Valley. Mayor Fancher read the proclamation promoting the One Book One Valley initiative
and officially announcing and promoting the novel “High Divide” to all Eagle County residents.
9. PUBLIC WORKS DEPARTMENT PRESENTATION (PUBLIC WORKS DIRECTOR GARY PADILLA)
Start time: 19:11 Part Two
Gary Padilla, Public Works Director, gave a presentation to update Council on Public Works
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 14, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 3
operations, maintenance and special projects. The following topics were presented and discussed:
• Department Overview
• Holiday Tree Lights
• Snow & Ice Removal Operations
• Ice Rink Construction & Maintenance
• Lot 5 Planning
• Summer Operations & Projects
Direction was provided to staff to bring an ordinance before Council amending the light removal
date to reflect a later date in the Town Code. There was consensus to create a Town-wide holiday
tree decorating competition.
Michael Cacioppo asked what the cost was to replace the lake liner and what the projected life span
of the lake liner is. Justin Hildreth, Town Engineer, responded one and a quarter million dollars and
20-30 years. Michael also asked if any employees had damaged the liner. Justin Hildreth, Town
Engineer said “I do not know, the liner was in bad condition and falling apart when it was
removed.” The liner had been there for 20-35 years.
10. ACTION ITEMS
Start time: 54:55 Part Two
10.1. NOMINATION OF AN AVON REPRESENTATIVE TO THE EAGLE COUNTY HOUSING DEVELOPMENT COMMITTEE
(MAYOR JENNIE FANCHER)
Doug Jimenez and Timothy Haley addressed the council regarding their interest in representing the
Town of Avon on the Eagle County Housing and Development Authority Advisory Committee.
Councilor Wolf left the meeting.
Councilor Phillips moved to nominate Doug Jimenez to represent the Town of Avon on the Eagle
County Housing and Development Authority Advisory Committee. Councilor Prince seconded the
motion and it passed with a vote of 5 to 0. Councilor Wolf recused himself due to a conflict.
Councilor Gennett was absent.
10.2. DIRECTION TO TOWN OF AVON REPRESENTATIVE ON THE LANDOWNER’S COMMITTEE WITH REGARD TO
VOTING AS A MEMBER OF THE LANDOWNER’S COMMITTEE TO TERMINATE THE BENCHMARK COVENANTS
(TOWN ATTORNEY ERIC HEIL)
Start time: 68:39 Part Two
Councilor Wolf returned to the meeting.
Kate Doyle commented that she did not receive any information in the mail regarding the
effort to terminate the Benchmark Covenants.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 14, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 4
Michael Cacioppo commented that the Avon Town Council is no longer interested in hearing
from the public on each agenda item without permission from Council.
Councilor Prince moved to table the Benchmark Covenants. Councilor Wolf seconded the motion
and it passed with a vote of 6 to 0. Councilor Gennett was absent.
10.3. PUBLIC HEARING RESOLUTION 17-04 CAPITAL PROJECTS FUND BUDGET AMENDMENT FOR JOINT PUBLIC
SAFETY BUILDING & OTHER PROJECTS, AS IDENTIFIED (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
Start time: 105:35 Part Two
Mayor Fancher opened the public hearing and there were no comments.
Councilor Burch moved to approve Resolution 17-04, A Resolution Summarizing Expenditures and
Revenues and amending the 2017 Capital Projects Fund Budget for the Town of Avon for the
Calendar Year 2017. Councilor Phillips seconded the motion and it passed on a 5 to 1 vote.
Councilor Wolf voted no. Councilor Gennett was absent.
10.4. PUBLIC HEARING SECOND READING OF ORDINANCE 17-05, APPROVING TITLE 7: DEVELOPMENT CODE TEXT
AMENDMENTS (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 131:09 Part Two
Mayor Fancher opened the public hearing and there were no comments.
Councilor Wolf asked if Airbnb is sending the Town money.
Councilor Burch moved to approve second and final reading of Ordinance 17-05, thereby approving
Title 7: Development Code Amendments. Councilor Phillips seconded the motion and it passed
on a 5 to 1 vote. Councilor Wolf voted no. Councilor Gennett was absent.
10.5. FIRST READING OF ORDINANCE 17-04, BUSINESS LICENSE CHANGES, SALES TAX DEFINITIONS, PANHANDLING
(TOWN ATTORNEY ERIC HEIL)
Start time: 137:21
Councilor Burch moved to approve Ordinance No. 17-04 Amending Avon Municipal Code Sections
3.08.010; 3.08.040; 3.28.020; 5.04.010; and 9.16.050 on First Reading. Councilor Phillips seconded
the motion and it passed on a 5 to 1 vote. Councilor Wolf voted no. Councilor Gennett was absent.
10.6. CONSENT AGENDA
START TIME: 141:40
Mayor Fancher asked to remove item 10.6.3 from the consent agenda because a few changes
are needed. Councilor Wolf asked to remove item 10.6.1 from the consent agenda because he
was absent and will not be able to vote.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 14, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 5
10.6.1. APPROVAL OF THE FEBRUARY 28, 2017 MEETING MINUTES (TOWN CLERK DEBBIE HOPPE)
10.6.2. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT (AMENDED) BETWEEN TOWN OF AVON AND
DOUGLAS COUNTY SHERIFF REGARDING THE SEXUAL OFFENDER TRACKING AND REGISTRATION
(POLICE CHIEF GREG DALY)
10.6.3. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE EAGLE COUNTY SCHOOL
DISTRICT RE-50J AND THE TOWN OF AVON (TOWN MANAGER VIRGINIA EGGER)
10.6.4. APPROVAL OF A CONTRACT WITH THE STATE OF COLORADO - DEPARTMENT OF TRANSPORTATION
FOR DAILY PARKING OF A BUSTANG BUS (TOWN MANAGER VIRGINIA EGGER)
Councilor Burch moved to approve the consent agenda minus items 10.6.1 and 10.6.3.
Councilor Phillips seconded the motion and it passed on a 5 to 1 vote. Councilor Wolf
voted no. Councilor Gennett was absent.
Councilor Burch moved to approve item 10.6.1., the minutes from the February 28, 2017
meeting. Councilor Phillips seconded the motion and it passed on a 5 to 1 vote.
Councilor Wolf abstained from the vote. Councilor Gennett was absent.
Councilor Burch moved to approve the intergovernmental agreement between Eagle
County School District RE-50J with the statutory (42-4-1903 (2)(b)(1)) citation update as
stated by Eric Heil, Town Attorney. Councilor Phillips seconded the motion and it passed
on a 6 to 0 vote. Councilor Gennett was absent.
Councilor Gennett arrived at 7:29 p.m.
11. WRITTEN REPORTS
12. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 145:57
Mayor Pro Tem Smith Hymes gave an update on the Upper Eagle Regional Water Authority meeting.
Councilor Price asked Virginia Egger, Town Manager, for an update on the revised Wildridge on-
demand service ridership numbers. Virginia responded that over three days the service had three
reservations and three rides.
Mayor Fancher updated Council on the Colorado Association of Ski Towns meeting. Mayor Fancher
discussed limiting public comments to three minutes. Council agreed to a structured time limit.
Councilor Burch reminded Council about the invite to speak at the Family Leadership Training.
Councilor Wolf asked to discuss the following items in the future: 1)Employees leaving the Town of
Avon, 2) Town Manager having a meeting with the Vail Daily, 3) One day public notice for Wildridge
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 14, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 6
meetings, 4) Proxy votes from the Special Events Ad Hoc Committee, 5) Video from the first date of
this council, 6) Council member Jake Wolf’s ECO Board demotion, 7) Offer sent to Winter
Wondergrass, and 8) Scott Wright, Assistant Town Manager, not being in charge when the Town
Manager is out.
Councilor Phillips gave an update on the Eagle County Air Alliance flights.
13. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL
ADVICE REGARDING CONFIDENTIAL LEGAL MATTERS AND UPDATES CONCERNING THE UPPER EAGLE REGIONAL
WATER AUTHORITY UNDER C.R.S. §24-6-402(2)(B).
Mayor Fancher moved to convene into Executive Session for a conference with the Town Attorney
for the purpose of receiving legal advice regarding confidential legal matters and updates
concerning the Upper Eagle Regional Water Authority under C.R.S. §24-6-402(2)(b). Councilor
Phillips seconded the motion and it passed unanimously by those present. The time was 8:14 p.m.
Council convened into Executive Session at 8:29 p.m.
Executive Session ended at 8:55 p.m.
Council reconvened into regular session at 8:55 p.m.
14. ADJOURNMENT
There being no further business to come before the Council, Mayor Fancher moved to adjourn the
regular meeting. Councilor Phillips seconded the motion and it passed unanimously. The time was
8:57 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most
accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s office, and
the video of the meeting, which is available at www.highfivemedia.org.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 14, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 7
RESPECTFULLY SUBMITTED:
________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ________________________________
Sarah Smith Hymes ________________________________
Jake Wolf ________________________________
Megan Burch ________________________________
Matt Gennett ________________________________
Scott Prince ________________________________
Amy Phillips ________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: March 28, 2017
Topic: Implementation of the Marketing Plan – Council Schedule for Coffee Chats and
Town Booths
SUMMARY:
In May, 2016, the Town Council adopted the Town of Avon Marketing Plan. The Marketing Plan includes
an “Implementation” section that identifies priorities for 2017. One of the recommended priorities is
to “Get Town Council Out and About.” The priority specifies the following:
• Coordinate with Council members to man a Town of Avon booth at local events to encourage
civic engagement.
• Host coffee chats to casually engage residents
• Create stand-alone displays that increase the Town’s presence as well as gather valuable
feedback.
The thought behind this priority is that the more Council members interact with members of the
community, the more residents will understand the intentions of Council, as well as the programs,
projects and initiatives of the Town. Council is asked to discuss how to proceed with the
implementation of this priority.
M E M O R A N D U M
TO: Board of Directors
FROM: Catherine Hayes, Board Secretary
DATE: March 8, 2017
RE: Summary of Authority February 23, 2017, Regular Board Meeting
The following is a summary of items discussed at the February 23, 2017, Authority Board Meeting:
Eagle River Village
(ERV) Water Issues
Linn Brooks provided historical information on the ERV’s private water system,
related water quality concerns, and fire hydrant issues, among other items noted by Eagle County, ERV residents, Eagle River Fire Protection District, and the local
non-profit, Our Community Fund. Tap fees to connect the ERV to the Authority’s system would be expensive, and the ERV owner declined connection in the past.
Linn discussed alternate scenarios by which the interested parties could assist with improved water availability, including installing filling stations and extending the
Authority’s fireflow system.
Finance Update James Wilkins noted changes to water sales projections, including use of a five-
year historical distribution model and efforts to compare past water sales with weather patterns in those years. He also discussed the unaudited year-end
financials and ongoing efforts to improve budget projections, especially for capital projects.
Eagle Mine Matters Siri Roman reported receipt of the Eagle Mine draft discharge permit. A meeting of local stakeholders will be convened to review the permit and make comments to the
Colorado Department of Public Health and Environment (CDHPE). Brian Tracy also said CDPHE notified him via email of a recent 3,000-gallon spill from the Mine. The
spill did not reach the river; however, Linn Brooks clarified that the spilled metals are now in the environment and will eventually get into the river naturally.
Traer Creek Tank
Update
Jason Cowles reported that HDR was chosen as the design engineer for the tank rebuild following an RFP process. Jason clarified that the tank structure will need to
be reevaluated and redesigned based upon the design team’s recommended approach to the foundation.
Cordillera Surcharge
Update
Jason Cowles said the Cordillera Metro District would like to terminate the $18/month surcharge the Authority is collecting on its behalf. He will work with staff
to compile a list of needed system improvements there, which could be funded by the fees collected to date.
Water Supply in
Lower Basin States
Diane Johnson said the recent heavy rains in northern California are improving the surface water supply situation in that area while also allowing for delivery of more
water to southern California. This allows California to rely less on water from the Colorado River, so they can leave more water in Lake Mead, which likely avoids
curtailment in lower basin states in 2018. Diane noted that California’s groundwater supply issues continue, however.
Waters of the US
(WOTUS)
Diane Johnson said the Trump administration ordered the Environmental Protection Agency and the Army Corps of Engineers to review the Obama administration’s
“Clean Water Rule: Definition of ‘Waters of the United States’” that defined which water bodies are regulated by the Clean Water Act. The rule was put on hold in
Summary of Authority February 23, 2017, Regular Board Meeting Page 2 of 2
October 2015 due to legal challenges from 26 states, including Colorado (which the District and Authority supported), and farm lobbies. The order charges EPA and
ACE with developing a new rule to replace the Obama rule, which will also need to address the 2006 U.S. Supreme Court Rapanos ruling concerning the scope of the
CWA.
Traer Creek Legal
Update
Jim Collins noted almost all parties had joined the lawsuit, per the direction of the
District Court. In January 2017, the Authority’s insurance issued a full opinion denying its claim for the failed tank; the Authority requested a reconsideration of the
denial and is awaiting a response. The Authority also retained coverage counsel to review the case and issue a legal opinion.
Bachelor Gulch (BG)
Water Rights
Jim Collins issued a claim letter to Smith Creek Metropolitan District, with which the Authority entered into the water service agreement to serve Bachelor Gulch. BG is
served by the Authority via contract; agreements between the two entities limit the amount of water service and number of units in BG. Water utilized by the area
already exceed the use limit and expected build out will surpass the agreed-upon unit limit. More water rights and additional cash in lieu will likely be required. Jim
has not received a response yet.
Republican River
Compact Update
Glenn Porzak reported that the state engineer revised many parts of the Republican River Compact Rules in response to concerns raised by the Authority, District, and other entities. The revised rules distinguished between pre and post compact water
rights; included the seniority system; and added language to state the rules were not to be used as a precedent for future compact calls.
St. Jude’s Recreation
Water Bill
Glenn Porzak discussed a revised version of the bill, which is meant to overturn a 2015 Colorado Supreme Court decision in which the judge ruled that recreational and aesthetic water rights did not constitute beneficial use. There are 1,000s of such water rights already decreed in Colorado. Glenn said Rep. KC Becker
sponsored the bill with Rep. Diane Mitsch Bush cosponsoring.
Amicus Brief in
Consolidated Ditches
Case
Glenn Porzak discussed the case, in which the Water Court found in Denver
Water’s favor, ruling that it could reuse any of its water besides that from the Moffat system, which was specifically prohibited by a 1940s agreement between Denver
and Consolidated Ditches. Consolidated Ditches appealed the decision to the Colorado Supreme Court. The Board unanimously approved joining in an amicus
brief on Denver Water’s behalf with a number of other West Slope entities.
Revised Authority
Water Rights Report
Glenn Porzak presented an updated Authority water rights report in light of recent
findings, including a reduction in augmentation water needed by Cordillera; and an increase in the yield of Eagle Park Reservoir based on the Aurora Delivery
Agreement, which gives the Authority access to additional Homestake water if Eagle Park drops below a certain level. These updates bring the Authority’s
unallocated water amount to 309 acre feet.
Eagle River Meadows
Update
Glenn Porzak reported that the changes to the Authority water rights report show
sufficient water rights are available to serve the Eagle River Meadows development. He also noted the Edwards Pumpback, which was discussed in January, is not
needed at this time.