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TC Packet 07-11-2017 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JULY 11, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 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. Page 1 of 3 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) 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 JULY 11, 2017 ACTION ITEMS • PRESENTATION OF ITEM • PUBLIC COMMENT – THREE (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 WORK SESSION AND PRESENTATIONS • PRESENTATION OF ITEM • COUNCIL DISCUSSION • PUBLIC COMMENT – THREE (3) 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) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME 5. WORK SESSION 5.1. COUNCIL DIRECTION ON A PROPOSED ORDINANCE PROHIBITING FOOD VENDORS FROM USING POLYSTYRENE- BASED DISPOSABLE FOOD CONTAINERS (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) (40 MINUTES) 5.2. COUNCIL DIRECTION REGARDING PROHIBITING DOGS ON THE HARRY A. NOTTINGHAM PARK BEACH (MAYOR JENNIE FANCHER) (30 MINUTES) 5.3. COUNCIL DIRECTION REGARDING THE LOCATION OF THE DISC GOLF COURSE IN HARRY A. NOTTINGHAM PARK (MAYOR JENNIE FANCHER) (30 MINUTES) 6. ACTION ITEM 6.1. PUBLIC HEARING SOUND PERMIT APPLICATION FOR AVON LIVE! CONCERTS AT NOTTINGHAM PARK (MANAGER OF SPECIAL EVENTS CASEY WILLIS) (5 MINUTES) 6.2. RESOLUTION 17-12 SUPPORTING LOCAL AND FEDERAL CLIMATE ACTION AND INCLUDING THE TOWN OF AVON AS A SIGNATORY ON THE MAYORS NATIONAL CLIMATE ACTION AGENDA (MNCAA) OPEN LETTER TO THE PRESIDENT (MAYOR PRO TEM SARAH SMITH HYMES) (10 MINUTES) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JULY 11, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 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. Page 2 of 3 6.3. RESOLUTION 17-13 APPROVING A BALLOT QUESTION TO PROVIDE BROADBAND SERVICE TO PUBLIC OR PRIVATE SERVICE SUBSCRIBERS, AND AUTHORIZING THE TOWN CLERK TO SIGN THE INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY (TOWN ATTORNEY ERIC HEIL) (20 MINUTES) 6.4. ACTION TO APPROVE AN ONE-YEAR CONSULTANT AGREEMENT WITH HOST COMPLIANCE LLC FOR THE IDENTIFICATION OF SHORT TERM RENTAL UNITS IN THE TOWN OF AVON AND ENFORCEMENT OF BUSINESS LICENSE AND ACCOMMODATION AND SALES TAX REGULATIONS (TOWN ATTORNEY ERIC HEIL) (30 MINUTES) 6.5. RESOLUTION 17 –14 AMENDING THE GENERAL FUND BUDGET (TOWN MANAGER VIRGINIA EGGER) (30 MINUTES) 7. CONSENT AGENDA (5 MINUTES) 7.1. APPROVAL OF EXTENSION LETTER AGREEMENT FOR FACILITY MANAGEMENT PLAN FOR THE JOINT PUBLIC SAFETY FACILITY (TOWN ATTORNEY ERIC HEIL) 7.2. APPROVAL OF MINUTES FROM JUNE 13, 2017 REGULAR MEETING (TOWN CLERK DEBBIE HOPPE) 8. WORK SESSION 8.1. UPDATE OF THE 2017 – 2018 STRATEGIC PLAN FOR PRIOR TO PREPARATION OF THE 2018-2019 BUDGET AND FIVE YEAR CAPITAL PROJECTS PLAN (TOWN MANAGER VIRGINIA EGGER) (40 MINUTES) 8.2. REVIEW OF THE EAST AVON PRESERVE ANNEXATION PROCESS AND CONDITIONS ESTABLISHED WITH TRAER CREEK (TOWN ATTORNEY ERIC HEIL) (20 MINUTES) 9. WRITTEN REPORT 9.1. GIFT REPORTING – COVERROCK FESTIVAL & BEAVER CREEK RODEO SERIES VIP TICKETS (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 10. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) 11. ADJOURNMENT ___________________________________________________________________________________ *Public Comment: 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 shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. TOWN OF AVON MEETINGS FOR TUESDAY, JULY 11, 2017 AVON LIQUOR AUTHORITY 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. Page 3 of 3 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: EAGLE VALLEY HUMANE SOCIETY EVENT NAME: DANCING IN THE PARK EVENT DATES: JULY 31, 2017 AND AUGUST 9, 2017; 4:30 P.M. UNTIL 8:30 P.M. LOCATION: PERFORMANCE PAVILION/NOTTINGHAM PARK EVENT MANAGER: CHAR GONSENICA PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 4.2. APPLICANT NAME: ROUNDUP RIVER RANCH EVENT NAME: ALPINE BANK 20TH ANNIVERSARY EVENT DATE: SEPTEMBER 20, 2017; 6:00 P.M. UNTIL 8:00 P.M. LOCATION: 10 WEST BEAVER CREEK BLVD. EVENT MANAGER: SARAH INGERSALL PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: CTK, LLC D/B/A CHRONIC TACO’S LOCATION: 150 E. BEAVER CREEK BLVD. UNIT A101 TYPE: HOTEL AND RESTAURANT MANAGER: CHAD WILKSON 5.2. APPLICANT: Y&Z, INC. D/B/A NOZAWA SUSHI & KITCHEN LOCATION: 240 CHAPEL PLACE TYPE: HOTEL AND RESTAURANT MANAGER: JENNIFER BROSCH 6. MINUTES FROM JUNE 13, 2017 7. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 13, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Fancher called the meeting to order at 5:02 p.m. A roll call was taken and Board members present were Megan Burch, Amy Phillips, Jake Wolf, Scott Prince and Sarah Smith Hymes. Matt Gennett were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Executive Assistant to the Town Manager Preston Neill and Secretary Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments were made. 4. PUBLIC HEARING SPECIAL EVENTS PERMIT Start time: 00:50 Part One 4.1. Applicant Name: Eagle Valley Humane Society Event Name: Salute to the USA Event Date: July 3, 2017; 4:00 p.m. until 10:30 p.m. Location: Performance Pavilion/Nottingham Park Event Manager: Char Gonsenica Permit Type: Malt, Vinous & Spirituous Liquor The application was presented by Casey Willis, Director of Special Events, who was present to answer questions and talk about the event. Chairwoman Fancher opened the public hearing and no comments were made. Board member Phillips asked “how many points of entry are there for the liquor boundry area”? Virginia Egger, Town Manager responded “many” and spoke regarding the security enforcement in the liquor boundry area. Board member Prince moved to approve the special event permit on for Eagle Valley Humane Society Salute to the USA event on July 3, 2017. Vice Chairwoman Smith Hymes seconded the motion and it passed unanimously by those present. Board members Gennett was absent. 4.2. Applicant Name: Bright Future Foundation for Eagle County Event Name: Cover Rock Music Festival Event Dates: June 23 & 24, 2017; 10:00 a.m. until 11:30 p.m. Location: Performance Pavilion/Nottingham Park Event Manager: Ted Wenninger Ted Wenninger, Event Manager was present and spoke regarding the upcoming event. Chairwoman Fancher opened the public hearing and no comments were made. Board member Phillips wanted to know who holds the liabity insurance for the events. Ted Wenninger responded the non-profit holds the liquor license and they hire Optimum Events to manage the process. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 13, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 Optimum Events holds the insurance and lists the Town and the non-profit as additionaly insured. General liabilty and liquor liability are carried. Vice Chairwoman Smith Hymes moved to approve the special event permit application for the Bright Future Foundation Cover Rock Music Festival on June 23 & 24, 2017. Board member Wolf seconded the motion and it passed unanimously by those present. Board members Gennett was absent. 4.3. Applicant Name: Bright Future Foundation of Eagle County Event Name: Lyle Lovett and His Large Band Event Date: July 23, 2017; 4:00 p.m. until 11:30 p.m. Location: Performance Pavilion/Nottingham Park Event Manager: Ted Wenninger Permit Type: Malt, Vinous & Spirituous Liquor Ted Wenninger, Event Manager, spoke regarding the upcoming special event. Chairwoman Fancher opened the public hearing and no comments were made. Board member Phillips asked why the green room and stage were not included in the boundary. Board member Phillips moved to approve the special event permit application for the Bright Future Foundation Lyle Lovett event on July 23, 2017 with the extension of the premise liquor boundary to include the entire pavilion. Board member Wolf seconded the motion and it passed unanimously by those present. Board members Gennett was absent. 4.4. Applicant Name: Bright Future Foundation of Eagle County Event Name: Avon LIVE! Summer Concert Series Event Dates: August 2, 9 & 23, 2017; 2:00 p.m. until 11:30 p.m. Location: Performance Pavilion/Nottingham Park Event Manager: Ted Wenninger Permit Type: Malt, Vinous & Spirituous Liquor Ted Wenninger, Event Manager, spoke regarding the upcoming special event. Chairwoman Fancher opened the public hearing and no comments were made. Board member Phillips asked if the dog friendly area has boundries and also questioned how the smoking area is managed so as not to impede on the non-smokers. Virginia Egger, Town Manager responded there is signage and security/ voleenters to help. The smoking area is a courtesy area and the producer and staff will monitor the smoking area. Board member Gennett arrived at 5:33 p.m. Board member Prince wanted to know when the appropriate time would be to discuss the smoking area, he is not comfortable with an open tent designated for smoking during the event. Virginia Egger, Town Manager recommended the discussion take place under Council comments on the regular agenda. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 13, 2017 AVON TOWN HALL, ONE LAKE STREET Page 3 Michael Cacioppo requested to speak regarding Council members recusing themselves from discussions. Michael does not have a problem with people who have an appeance of a conflict of interest or a conflict of interst recusing themselves. What he does not understand is why any Council member should have to leave the room if they have a conflict of interest and why they loose their first amendment rights to speak. Board member Phillips moved to approve the special event permit application for the Bright Future Foundation Avon LIVE! Summer Concert Series on August 2, 9 & 23, 2017. Board member Gennett seconded the motion and it passed unanimously by those present. 4.5. Applicant Name: Town of Avon Event Name: Haute Route Rockies Event Dates: June 26, 2017; 11:00 a.m. until 4:30 p.m. June 27, 2017; 1:00 p.m. until 6:30 p.m. Location: Performance Pavilion/Nottingham Park Event Manager: Casey Willis Permit Type: Malt, Vinous & Spirituous Liquor Casey Willis, Event Manager, presented the the special event application. Chairwoman Fancher opened the public hearing and no comments were made. Board member Phillips was concerned the liquor boundary does not include the terrace and that the Town of Avon is holding the liquor permit. Board member Phillips moved to approve the special event permit application for the Haute Route Rockies on June 26 & 27, 2017, with the caviat that liquor boundry incorporate the entire area and FOOD! By Marc be responsible for the distribution of the liquor. Board member Wolf seconded the motion and it passed with a vote of 6 to 1. Board member Prince voted no. 4.6. Applicant Name: Town of Avon Event Name: Pop up Performances Event Dates: July 8, 14, 21 & 28, 2017 and August 4 & 11, 2017; 5:00 p.m. until 7:30 p.m. Location: Possibility Plaza at the Main Street Mall Event Manager: Casey Willis Permit Type: Malt, Vinous & Spirituous Liquor The application was presented with no concerns. Casey Willis, Event Manager, spoke regarding the upcoming annual special event. Chairwoman Fancher opened the public hearing and no comments were made. Board member Wolf moved to approve the special event permit application for the Pop Up Performances on July 8, 14, 21 & 28, 2017 and August 4 & 11, 2017. Vice Chairwoman Smith Hymes seconded the motion and it passed unanimously by those present. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 13, 2017 AVON TOWN HALL, ONE LAKE STREET Page 4 5. RENEWAL OF LIQUOR LICENSES Start time: 59:43 Part One 5.1. Applicant: Benchmark Liquors, Inc. d/b/a Beaver Liquors Location: 110 E. Beaver Creek Blvd. Type: Liquor Store Manager: David Courtney The application was presented with no concerns. Vice Chairwoman Smith Hymes moved to approve the renewal application for Benchmark Liquors, Inc. d/b/a Beaver Liquors. Board member Phillips seconded the motion and it passed unanimously by those present. 7. MINUTES FROM MAY 23, 2017 Start time: 60:19 Part One Vice Chairwoman Smith Hymes moved to approve the minutes from May 9, 2017, Liquor Authority meeting. Board member Phillips seconded the motion and it passed with a vote of 5. Board members Wolf and Gennett abstained from the vote. 8. ADJOURNMENT There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the liquor meeting. The time was 6:02 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Secretary 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: July 11, 2017 Topic: Council Direction on a Proposed Ordinance Prohibiting Food Vendors from using Polystyrene-Based Disposable Food Containers ACTION BEFORE COUNCIL: Council is asked to discuss and provide direction to staff on a proposed Ordinance, included as Attachment 1, prohibiting food vendors in the Town of Avon from using polystyrene-based disposable food containers. BACKGROUND: In December 2016, the Town Council adopted the Climate Action Plan for the Eagle County Community (CAP), which reflects a strong commitment to reduce the community’s greenhouse gas (GHG) emissions. The CAP also includes details on programs, projects and policies that can be undertaken to reduce GHG emissions. One of the recommended policies, located in the “Waste and Landfill” section of Appendix A of the CAP, is identified as “Packaging policies, get rid of Styrofoam” (Climate Action Plan for the Eagle County Community, 2016, p.29). In February 2017, the Town Council adopted the Town of Avon 2017-2018 Strategic Plan Update (Strategic Plan). The Strategic Plan includes a “Tier 1” priority to “Consider legislation to end the use of plastic bags and non-compostable take-out containers by retailers and restaurants in the Town of Avon” (Town of Avon 2017-2018 Strategic Plan Update, 2017, p.6). In a work session on May 9, 2017, staff presented research and a recommended strategy for reducing the use of polystyrene-based disposable food service ware by food vendors in Avon. Council provided direction to staff to conduct more research related to polystyrene-based disposable food service ware, including a look at price differences between polystyrene-based products and alternative products that are biodegradable or compostable. Staff was also directed to reach out to restaurants in Avon to inform them of the initiative and give them the opportunity to participate in the discussion. The purpose of the Ordinance is to reduce the amount of polystyrene-based disposable food service ware litter in the environment to improve water quality and achieve the Town’s environmental objectives. ANALYSIS: Key Elements of the Polystyrene-Based Disposable Food Service Ware Ordinance Polystyrene is a type of plastic that is made of fossil fuels and synthetic chemicals and cannot be recycled. It can be formed into many different products such as disposable, single-use food service containers (Nguyen, 2012, p.4). The proposed Ordinance defines polystyrene-based as follows: Polystyrene-based means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and process by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term “polystyrene” also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene (EPS)), and clear or solid polystyrene known as oriented polystyrene. The proposed Ordinance would prohibit food vendors within the Town of Avon from using polystyrene-based disposable food service ware when providing prepared food. Prepared food means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared. Food vendor is defined as any vendor, business, organization, entity, group or individual, including licensed retail food establishments, that provides prepared food at a retail level. This includes all types of food establishments, full service restaurants as well as fast food restaurants. Food vendors would be prohibited from using disposable food service ware, including but not limited to plates, cups, bowls, trays and hinged or lidded containers, also known as clamshells, that are polystyrene-based. This does not include straws, utensils, or cup lids nor does it include disposable packaging for unprepared foods. The proposed Ordinance does not affect prepackaged foods, meaning any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer. Exemptions A food vendor may seek an exemption of up to one year if the requirements of this proposed Ordinance would cause undue hardship. The guidelines for hardship would include: • Situations unique to the food vendor where a suitable alternative does not exist for a specific application; or • Situations where no reasonable feasible available alternative exists to a specific and necessary container prohibited by this proposed Ordinance The exemption process would be administered by the Administrative Services Department. Environmental Review Polystyrene foam is a common pollutant and a threat to natural ecosystems that fragments into smaller, non-biodegradable pieces that are difficult to clean up, as they are lightweight and easily blown into streets and waterways. The litter also has the potential to harm marine life and other wildlife (Nguyen, 2012, p.4). A large portion of the conventional single-serve food service ware used today is made from expanded polystyrene foam, which is derived from petroleum. It takes a long time for polystyrene- based disposable food service ware to deteriorate in the environment or a landfill. In addition, it is usually heavily contaminated with food residue after it is used, making it difficult to recycle. Efforts to recycle used polystyrene-based food service ware have not been successful because the costs of recycling it outweigh its market value as a recycled product (Nguyen, 2012, p.5). Consequently, most curbside recycling programs do not accept it. Alternative Containers Alternatives to polystyrene-based disposable food service ware that are less harmful to the environment include reusable containers and “compostable items made from sugarcane, potato starch, paper, and corn-based plastic” (Snavely and Moretti, 2007, p.10). These alternatives “may sometimes be purchased at competitive prices, but are typically 2-4 times more expensive per unit compared to EPS products” (Snavely and Moretti, 2007, p.10). Food vendors can offset these costs by improving efficiency and reducing waste overall. Another way for food vendors to recoup these costs would be for them to impose a “take-out fee” on their customers. Attachment 3 provides a price comparison between various food service ware products made of polystyrene and ones made out of compostable/biodegradable materials. Well-performing compostable food ware is available from a variety of manufacturers, typically through vendors that offer a wide array of food service products. Attachment 2 provides a list of vendors that sell recyclable and compostable food service ware. If the proposed Ordinance is enacted, the list could help Avon food vendors that are not currently in compliance with the proposed Ordinance. Other Cities Numerous cities across the nation have taken action to reduce the use of polystyrene-based disposable food service ware. The Surfrider Foundation, an organization dedicated to the protection and enjoyment of the world's ocean, waves and beaches, has listed on its website 76 municipalities in California that have enacted ordinances banning polystyrene in some capacity, with 65 of them covering restaurants (Surfrider Foundation). In addition, the website lists eight cities in Florida, six cities in Maine, six cities in Massachusetts, one city in New Jersey, three cities in New York, one city in Oregon, one city in Texas, three cities in Washington, and Washington D.C., that have all taken action to reduce polystyrene (Surfrider Foundation). OUTREACH: Staff has conducted outreach to both restaurants and residents. On June 22, 2017, a letter was emailed to a list of 425 business email addresses provided by the Avon Finance Department. The letter, included as Attachment 4, provided information about the proposed Ordinance and tonight’s work session. It also described the process for residents and business owners to submit written comments. The letter, along with a FAQ, which is attached as Attachment 5, was also hand delivered to Avon restaurants on June 30, 2017. The Town submitted a press release on June 29, 2017, along with social media posts about the proposed Ordinance and the July 11, 2017, work session. Information about the proposed Ordinance was also included in the Town’s bi-weekly Town News ad on June 26 and July 10, 2017. On July 7, 2017, from 4:00 to 6:00 p.m., staff manned a Town Information Booth at the entrance to City Market to display information and answer questions from residents about the Polystyrene Reduction Initiative, as well as the Plastic Bag Reduction Initiative. Written comments from members of the public on the Polystyrene Reduction Initiative have been compiled and are attached as Attachment 6. FINANCIAL IMPLICATIONS: Business outreach and education costs associated with the implementation of the proposed Ordinance are projected to be minimal and already accounted for in the 2017 Budget. STAFF RECOMMENDATION: Staff recommends that a polystyrene-based food service ware ordinance in Avon contain the following elements: 1. Prohibition on food vendors from providing prepared food to customers in polystyrene- based disposable food service ware 2. Requirement for all food vendors, Town facilities, and Town contractors and vendors doing business with the Town, who use any disposable food service ware to use biodegradable or compostable disposable food service ware 3. Effective date of January 1, 2018 4. Penalties for non-compliance All of the above elements are accounted for in the attached Ordinance. OPTIONS: 1. Move forward with first reading of the proposed Ordinance, as presented 2. Modify the proposed Ordinance as desired by Council 3. Do not move forward with first reading of the proposed Ordinance ATTACHMENTS: Attachment 1 – Proposed Ordinance 17-10 Attachment 2 – Vendor List – Recyclable and Compostable Food Service Ware Attachment 3 – Product Price Comparison Attachment 4 – Letter to Businesses dated June 22, 2017 Attachment 5 – FAQ Attachment 6 – Public Comments REFERENCES: Climate Action Plan for the Eagle County Community. Retrieved from http://www.walkingmountains.org/wp-content/uploads/2017/05/Climate-Action-Plan-for-the- Eagle-County-Community_FINAL_December-V3-2016_WEB.pdf Nguyen, Linda D., "An Assessment of Policies on Polystyrene Food Ware Bans" (2012). Master's Projects. 266. http://scholarworks.sjsu.edu/etd_projects/266 Snavely, M., Moretti, C., (2007) The Responsible Purchasing Guide for Food Containers. Responsible Purchasing Network. www.responsiblepurchasing.org Surfrider Foundation. Retrieved from http://www.surfrider.org/pages/polystyrene-ordinances Town of Avon 2017-2018 Strategic Plan Update. Retrieved from http://www.avon.org/strategicplan Ord 17-10 FIRST READING – July 25, 2017 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE 17-10 ADDING CHAPTER 5.32, “POLYSTYRENE BASED DISPOSABLE FOOD SERVICE WARE,” TO TITLE 5, “BUSINESS TAXES, LICENSES AND REGULATIONS,” OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's Home Rule Charter; WHEREAS, polystyrene is a petroleum-based, lightweight plastic material commonly used as food service ware by retail food vendors operating in the Town of Avon; and WHEREAS, polystyrene, often referred to by the trademark “Styrofoam,” has also become a problematic environmental pollutant given its non-biodegradable and nearly non-reusable nature; and WHEREAS, polystyrene-based, single-use food service ware constitutes a substantial portion of the litter within the Town of Avon; and WHEREAS, effective ways to reduce the negative environmental impacts of disposable food service ware include reusing or recycling food service ware and using compostable materials made from renewable resources such as paper, cardboard, corn starch, potato starch, and/or sugarcane; and WHEREAS, the Town wishes to restrict the use by food vendors of polystyrene-based disposable food service ware; and 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. Addition of Chapter 5.32 to Title 5 of the Avon Municipal Code. Chapter 5.32, “Polystyrene Based Disposable Food Service Ware” is added to Title 5, “Business Taxes, Licenses and Regulations,” of the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter 5.32 to Title 5 of the Avon Municipal Code, attached hereto. Section 3. 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 1 FOR DISCUSSION PURPOSES ONLY Ord 17-10 FIRST READING – July 25, 2017 Page 2 of 3 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 4. 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 5. Effective Date. This Ordinance shall take effect on January 1, 2018. Section 6. 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 7. 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 8. 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 July 25, 2017 and setting such public hearing for August 8, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. ATTACHMENT 1 Ord 17-10 FIRST READING – July 25, 2017 Page 3 of 3 BY: ATTEST: ____________________________ ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on August 8, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT 1 Page 1 of 2 EXHIBIT A: ADDITION OF CHAPTER 5.32 TO TITLE 5 OF THE AVON MUNICIPAL CODE CHAPTER 5.32 POLYSTYRENE BASED DISPOSABLE FOOD SERVICE WARE Section 5.32.010 Definitions. Section 5.32.020 Prohibited use of polystyrene-based disposable food service ware. Section 5.32.030 Exemptions. Section 5.32.040 Violation. Section 5.32.050 Administrative fines. 5.32.010 DEFINITIONS. For the purposes of this chapter, the following terms have the following meanings: (a) “Disposable food service ware” means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, trays and hinged or lidded containers, also known as clamshells. This does not include straws, utensils, or cup lids nor does it include disposable packaging for unprepared foods. (b) “Food vendor” means any vendor, business, organization, entity, group or individual, including a licensed retail food establishment that provides prepared food at a retail level. (c) “Polystyrene-based” means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and process by any number of techniques including, but not limited to fusion of polymer spheres(expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term “polystyrene” also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene (EPS)), and clear or solid polystyrene known as oriented polystyrene. (d) “Prepackaged food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, and prepared at an approved source. (e) “Prepared food” means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared. Prepared food does not include eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug Administration. 5.32.020 PROHIBITED USE OF POLYSTYRENE-BASED DISPOSABLE FOOD SERVICE WARE. No vendor shall use polystyrene-based disposable food service ware when providing prepared food. 5.32.030 EXEMPTIONS. (a) Automatic Exemptions. The following uses are exempt from the provisions of this chapter: (1) Prepackaged food; and (2) Polystyrene coolers and ice chests intended for reuse. (b) Special Requests for an Exemption. Any food vendor may seek an exemption from the requirements of this chapter upon demonstrating that strict application of the requirements would cause undue hardship. (1) An “undue hardship” shall be found in: (A)Situations unique to the food vendor where a suitable alternative does not exist for a specific application; or (B) Situations where no reasonable feasible available alternative exists to a specific and necessary container prohibited by this chapter. (2) The application process for exemption shall be as follows: EXHIBIT A FOR DISCUSSION PURPOSES ONLY Page 2 of 2 (A)The food vendor seeking an exemption shall submit a written exemption request to the Town Manager. (B)A written exemption request shall include all information and documentation necessary for the Town Manager to make a finding that imposition of this chapter would cause an undue hardship as described above. (C) The Town Manager may require the applicant to provide additional information in order to make a determination regarding the exemption application. (D)Exemption decisions are effective immediately and are final and not subject to appeal. (E) The Town Manager may grant an exemption for a period of up to one year upon a finding that the food vendor seeking the exemption has demonstrated that strict application of the specific requirement would cause undue hardship as defined above. (3) If a food vendor granted an exemption wishes to have the exemption extended, it must re-apply for the exemption prior to the expiration of the one-year exemption period and demonstrate continued undue hardship. Extensions may be granted for intervals not to exceed one year. 5.32.040 VIOLATION. Any violation of this Chapter is unlawful. 5.32.050 ADMINISTRATIVE FINES. The following administrative fine provisions apply: (a) Grounds for Fine. A fine may be imposed upon findings made by the Town, that any food vendor has used polystyrene-based disposable food service ware in violation of this Chapter. (b) Amount of Fine. Upon a finding of violation, the food vendor shall be subject to an administrative fine as follows: (1) A fine not exceeding one hundred dollars ($100) for a first violation; (2) A fine not exceeding two hundred dollars ($200) for a second violation; and (3) A fine not exceeding five hundred dollars ($500) for the third and subsequent violations; (c) Each day that a food vendor uses polystyrene-based disposable food service ware when providing prepared food shall constitute a separate violation. (d) Fine Procedures. Notice of the fine shall be served on the food vendor. The notice shall contain an advisement of the right to request a hearing before the Town Manager or his or her designee contesting the imposition of the fine. The grounds for the contest shall be either that (1) the food vendor did not use polystyrene-based disposable food service ware when providing prepared food or (2) the food vendor would have been granted an exemption of this ordinance if the food vendor had applied for such exemption. Said hearing must requested within ten days of the date appearing on the notice of the fine. The decision of the Town Manager shall be based upon a finding that one of the above listed grounds for a contest have been met and shall be a final administrative order, with no administrative right of appeal. (e) Failure to Pay Fine. If said fine is not paid within 30 days from the date appearing on the notice of the fine or of the notice of determination of the Town Manager or his or her designee after the hearing, the Town is authorized to bring an action to collect any unpaid administrative fine. EXHIBIT A Vendor Name Phone/Website Location Products Available Better Brand Food Products Inc. (831)724-7234 www.betterbrandfood.com Watsonville CA Recyclable disposables, including plates, cutlery and to-go containers BiRite Foodservice Distributors (800)277-5373 www.birite.com Brisbane, CA Recyclable disposables, including plates, cutlery and to-go containers Coast Paper & Supply (831)423-3350 www.coastpapersupplyinc.com Santa Cruz, CA Restaurant supply: compostable and/or recyclable to-go containers Eco Products (303)449-1876 www.ecoproduct.com Boulder, CO Recyclable disposables, including plates, cutlery and to-go containers Excellent Packaging & Supply (510) 317-2737 www.excellentpackaging.com Richmond, CA Compostable and biodegradable food service disposables Genpak (310)676-5000 www.genpak.com Hawthorne, CA Restaurant supply: compostable and/or recyclable to-go containers Green Earth Office Supply (408) 969-0900 www.greenearthofficesupply.stores. yahoo.net Santa Clara, CA Restaurant supply: compostable and/or recyclable to-go containers Ledyard's (831)462-4400 www.ledyard.com Santa Cruz, CA Restaurant supply: compostable and/or recyclable to-go containers WebstaurantStore www.webstaurantstore.com Lititz, PA Restaurant supply: compostable and/or recyclable to-go containers World Centric (650)736-6699 www.worldcentric.org Palo Alto, CA Restaurant supply: compostable and/or recyclable to-go containers VENDOR LIST - RECYCLABLE AND COMPOSTABLE FOOD SERVICE WARE Product Polystyrene/Plastics (Average of 2 websites) Biodegradable/Compostable (Average of 2 websites) 9x9x3 Hinged Three Compartment Container (Clamshell) $20.63 per 200 $0.10 per unit $112.93 per 300 $0.38 per unit 9" 1-Compartment Plate $23.45 per 500 $0.05 per unit $112.22 per 1,000 $0.11 per unit 16 oz Cold Cup $51.23 per 1,000 $0.05 per unit $123.13 per 1,000 $0.12 per unit 16 oz Hot/Cold Cup $57.12 per 1,000 $0.06 per unit $130.27 per 1,000 $0.13 per unit 12 oz Hot Bowl $32.50 per 1,000 $0.03 per unit $85.63 per 1,000 $0.08 per unit Product Cost Comparison Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY June 22, 2017 ATTENTION AVON FOOD VENDORS NOTICE OF TOWN COUNCIL WORK SESSION FOR A PROPOSED ORDINANCE PROHIBITING FOOD VENDORS FROM USING POLYSTYRENE-BASED DISPOSABLE FOOD CONTAINERS Dear Avon Food Vendor: The Avon Town Council is proposing the adoption of a new ordinance that would prohibit food vendors from using polystyrene-based disposable food service ware (polystyrene food containers). It is important to the Town Council that you are aware of the proposal and have the opportunity to become informed of the changes and participate in the discussion. The following information is intended to meet those objectives. Information on the Town Council’s July 11th work session on this proposal is provided at the end of this memo, including how to provide your comments. Thank you, The Town of Avon ____________________________________________________________________ PROJECT SUMMARY: Polystyrene is a petroleum-based lightweight plastic material that can be formed into many different products. It is often referred to by the name “Styrofoam.” Polystyrene is used as a disposable, single-use food service container, also referred to as food service ware, which comes in many forms such as plates, cups, bowls, trays and lidded containers, known as clamshells. Polystyrene is frequently used by restaurants and food establishments as containers for take-out food orders or to bring home leftover food after dining. In some cases polystyrene may be used as the primary serving mechanism or food ware, rather than ceramic or plastic reusable alternatives, for the more casual eateries and fast food establishments. The proposed Ordinance would prohibit restaurants and other food establishments (food vendors) within the Town of Avon from using polystyrene plates, cups, bowls, trays and lidded containers. The Ordinance would exempt straws, utensils and cup lids, disposable packaging for unprepared foods and prepackaged foods. Prepackaged food is defined as food processed and packaged off-site to prevent any direct human contact with the food product upon distribution from the manufacturer. In addition, polystyrene coolers and ice chests intended for reuse would also be exempted from the Ordinance. The Ordinance would apply to all food vendors within the Town of Avon and would be enforced by the Town of Avon. A food vendor is defined as any vendor, business, organization, entity, group or individual, including licensed retail food establishments, that provides prepared food at a retail level. This includes all types of food establishments, full service restaurants as well as fast food restaurants. BACKGROUND: In December 2016, the Town Council adopted the Climate Action Plan for the Eagle County Community (CAP), which reflects a strong commitment to reduce the community’s greenhouse gas (GHG) emissions. The CAP also includes details on programs, projects and policies that can be undertaken to reduce GHG emissions. One of the recommended policies, located in the “Waste and Landfill” section of Appendix A of the CAP, is identified as “Packaging policies, get rid of Styrofoam.” Subsequently, in February 2017, the Town Council adopted the Town of Avon 2017-2018 Strategic Plan Update (Strategic Plan). The Strategic Plan includes a “Tier 1” priority to “Consider legislation to end the use plastic bags and non-compostable take-out containers by retailers and restaurants in the Town of Avon.” Polystyrene foam is a common pollutant and a threat to natural ecosystems that fragments into smaller, non- biodegradable pieces that are difficult to clean up and can harm marine life and other wildlife. The purpose of the Ordinance is to reduce the amount of polystyrene foam food service ware litter in the environment to improve water quality and achieve the Town’s environmental objectives. JULY 11, 2017 WORK SESSION: A work session is scheduled for July 11, 2017, at 5:00 p.m. in the Town Council Chambers at Town Hall, 1 Lake Street, Avon, Colorado. No action will be taken at the meeting. The Town Council will review and provide direction on the proposed Ordinance, as well as review information related to: (1) alternative compostable containers and the incremental costs associated with transitioning to alternative products; (2) jurisdictions that have enacted legislation to reduce the use of polystyrene foam food service ware; and (3) a recommended schedule for implementation. PUBLIC COMMENT: The Town Council will take public comment at the work session. Written comments may also be submitted prior to July 10, 2017, at 5:00 pm. Comments should be emailed to Debbie Hoppe, Town Clerk, at dhoppe@avon.org. All submitted comments will be included in the public record and will be reviewed by the Town Council. If you have questions, please call Preston Neill, Executive Assistant to the Town Manager, at (970)748-4404. TOWN OF AVON PROPOSED POLYSTYRENE FOODWARE ORDINANCE If it is approved, who would have to follow the Ordinance? All food vendors selling prepared food, as listed in the Ordinance, would have to comply, including but not limited to restaurants, cafes, delis, fast-food establishments, vendors at special events, and food trucks. What would the Ordinance prohibit? Beginning on January 1, 2018, foam and solid polystyrene food service ware, as listed in the Ordinance, would be prohibited, including but not limited to containers, bowls, plates, and cups. Ask your supplier if you are unsure if your products are composed of polystyrene. What is wrong with polystyrene food service ware? It is not recyclable; and there are recyclable alternatives. It is a common item that is littered. It is a threat to natural ecosystems that fragments into smaller, non-biodegradable pieces that are difficult to clean up and can harm marine life and other wildlife. What food service ware does the proposed Ordinance allow? Any type of biodegradable, compostable, reusable, or recyclable food service ware. Acceptable products include: Aluminum, plastics coded with #1, 2, 4 or 5, uncoated or coated paper, cardboard, and plastics made from corn, potatoes, sugar, or other plant based products. What are the proposed penalties for non- compliance? Violations may result in progressive fines: 1st = $100, 2nd = $200, 3rd = $500 Each day observed using polystyrene = 1 violation The Town of Avon would enforce the Ordinance. What can my business do to reduce food service ware costs? Allow and encourage customers to bring their own mugs to buy drinks. Charge a “take out fee” to cover the cost difference. Use reusable dishes and cups instead of disposable ones for “eat-in” customers. Next Step: Town Council Work Session When: July 11, 2017 | 5:00 p.m. Where: Avon Town Hall | 1 Lake Street Comments: Send to dhoppe@avon.org For more info: 970-748-4404 Website: www.avon.org/engage From: Debbie Brill [mailto:debbie@brillinsurance.net] Sent: Thursday, June 29, 2017 8:52 AM To: Debbie Hoppe Subject: Polystyrene Ban Hi Debbie, I completely and whole-heartedly support this ban! My understanding is that styrofoam is toxic to make, toxic after use to the environment but also not healthy to have it leach into the food that we will then eat or drink. I would willingly pay a few cents more for take-out or for a cup of coffee (although I always bring my own cup) that used alternative and healthier products. There are plenty of products available that use biodegradable materials; "plastics" made from corn, etc. My stance is that purchasing and using healthier products sends a message to manufacturers that their future business success resides with more earth and human friendly materials. I sincerely appreciate Avon's pro-active approach to this topic and hope that more environmentally friendly issues continue to be reviewed. Thank you very much! Debbie Brill Brill Insurance Agency 150 E Beaver Creek Blvd A203 | PO Box 1498 | Avon, CO 81620 ph. (970) 845-8910 | fx. (970) 845-8460 | www.brillinsurance.net Auto - Home - Health - Commercial - Accident - Life From: dan@AVONBAKERYANDDELI.COM [mailto:dan@AVONBAKERYANDDELI.COM] Sent: Thursday, June 22, 2017 2:09 PM To: Preston Neill Subject: RE: Notice of Town Council Work Session for a Proposed Ordinance Prohibiting Food Vendors from using Polystyrene Containers I cannot support any legislation banning a product. Here we have made the conscious decision to eliminate the use of plastic shopping bags (over ten years ago) and never have purchase polystyrene to go boxes but this is OUR CHOICE. AVON TOWN GOVERNMENT HAS NO BUSINESS DOING THIS AND IS OVERSTEPPING IT'S AUTHORITY. NO-I DON'T SUPPORT THIS MEASURE! Dan Trush Avon Bakery & Deli 970.949.DELI(3354) www.AvonBakeryandDeli.com June 29, 2017 To: Avon Town Council Re: Proposed ordinance prohibiting food vendors from using polystyrene based disposable food containers Dear Town of Avon Decision Makers, As an advocate for sustainable waste diversion practices, I am personally very excited about your decision to prohibit food vendors from using styrofoam for disposable food containers. In my opinion, this decision demonstrates Town of Avon's leadership in climate action! As a representative of your local waste and recycling hauler, I would like to be a part of this conversation to ensure that this ordinance is formatted with consideration of local waste diversion infrastructure and minimal confusion to entities that are affected. The first questions that come to mind when reading the TOA informative memo include: - Are you talking about all polystyrene (PS) - with the exception of what you mentioned- or expanded polystyrene (EPS)? - Although PS and EPS are both #6 plastics, this distinction can be very confusion for people so I would recommend you also accompany the ordinance with informative material explaining this and how they are different and same, with examples of each. - If you are going to leave it as PS then you might also need to consider that SOLO cups are PS plastic and the inside of all disposable coffee cups is lined with PS plastic (with the exception of compostable coffee cups) - Are you planning to follow this ordinance with a suggested alternative to these products? If so, are you considering compostable products? - If you are considering recommending or requiring compostable service products then I would highly encourage you to work with Vail Honeywagon directly to ensure there is an end life option for these products. It is very likely that there will be additional charges for loads that include compostable plastic cups in the Honeywagon Compost Facility and I want to be sure that the struggles associated with processing these materials are very clear to everyone before regulations are put into place requiring them. Thank you for bring waste to the forefront of Avon’s climate action goals! Please let me know if I can provide any additional expertise as you continue this regulatory process. Sincerely, Shawn Bruckman Director of Compost Operations Honeywagon Organics TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: July 11, 2017 Agenda Topic: Council Direction Regarding Prohibiting Dogs on the Park Beach ACTION BEFORE COUNCIL: Council is asked to discuss and provide direction to staff on a proposal to restrict dogs in the Harry Nottingham Park beach area. BACKGROUND: At the June 13, 2017 Council meeting, Mayor Jennie Fancher expressed that she believes the Nottingham Park beach area should be a non-dog area. The majority of Council members agreed to place this as an item on a Council meeting agenda. RELATED POLICY: Boulder, CO As a reference, the City of Boulder prohibits dogs through the gates or anywhere along the south shoreline of the Boulder Reservoir between May 15 and Labor Day. During the off-season when dogs are allowed, Boulder leash laws and pet waste removal requirements apply. STAFF RECOMMENDATION: Staff recommends that dogs be prohibited from entering the Harry A. Nottingham Park beach area. PAGE 1 OF 3 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Members of Avon Town Council From: John Curutchet, Recreation Director Meeting Date: July 11, 2017 Agenda Topic: COUNCIL DIRECTION REGARDING THE LOCATION OF THE DISC GOLF COURSE IN HARRY A. NOTTINGHAM PARK BACKGROUND A 2015 summer programs and capital improvements presentation was delivered to Town Council on May 15, 2015. Following the presentation, council asked for options to re-configure the Nottingham Park Disc Golf course so it might better suit residents and other park visitors. The course was re-configured to a nine-Hole course with six of the nine Holes located on the lower field. Additional resident feed-back prompted changes to the orientation of Hole #7 and Hole #9 for the summer season of 2106. SUMMARY Nottingham Park visitation and activities has increased significantly in the last three years. Safety of all park guests remains the top priority for the Town. The Recreation Department believes that current amenities to the park are appropriate and attractive to the large majority of park users. With changes done to procedures and re-configurations thought out, we have advanced towards a park full of robust and attractive activities while decreasing hazards and conflicts. The disc golf course configuration, however, does present one area that may lead to potential disc hazards. The current Hole #6 is a Par 5, 340’ hole that runs west to east parallel with the heavily utilized north side path. (Attachment A.) The distance of the hole and its alignment with the path can easily be changed to diminish the potential for conflict. The Recreation Department proposes a change to the orientation of the hole to become a 210’ Par 3 that is not only shorter, but the trajectory of the “drive” would change to a more south to north direction away from the path. (Attachment B.) STAFF RECOMMENDATION Staff recommends a re-configuration of current disc golf Hole #6 while we continue to monitor all activities for safety, and decide best practice for all Nottingham Park amenities. ATTACHMENTS A. Current disc golf configuration B. Proposed configuration PAGE 2 OF 3 PAGE 3 OF 3 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Casey Willis, Manager of Special Events Meeting Date: July 11, 2017 Agenda Topic: Public Hearing for Outdoor Use of Amplified Sound Application Permit ACTION BEFORE COUNCIL The Town Council is asked to consider approving an Outdoor Use of Amplified Sound Permit to extend the hours of amplified sound at the Avon Pavilion on August 2, 16, 23, and 30, 2017, from 8:00 p.m. to 8:45 p.m. for the Avon LIVE! concerts. The applicant is Peak Performances, Inc. PROPOSED MOTION I move to approve the Outdoor Use of Amplified Sound Permit for Peak Performances, Inc. to extend the hours of amplified sound to 8:45 p.m. on the proposed dates. BACKGROUND A public hearing is required for an Outdoor Use of Amplified Sound Permit application, for events that will be using amplified sound systems before 9:00 a.m. or after 8:00 p.m. in Nottingham Park, including Avon Performance Pavilion, on Sundays through Wednesdays (Avon Municipal Code Chapter 5.24.020). A PUBLIC NOTICE was published, as required in Avon Municipal Code, for the public hearing on Tuesday, July 11, 2017. The applicant has been invited to attend the meeting. Information for Issuing Amplified Sound Permits: The Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of permit. The Council, in making its decision to issue the Amplified Sound Permit, may consider the following: 1.1. Comments by the public. 1.2. Necessity of the permit for the cultural, historical or social benefit of the community. 1.3. Proximity of the proposed location to residential neighborhoods. 1.4. Proposed direction of sound projection. 1.5. Screening of sound from neighboring properties. 1.6. Compatibility with other uses and activities in the vicinity. The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. 05/24/17 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: July 11, 2017 Agenda Topic: Resolution 17-12 Supporting Local and Federal Climate Action and including the Town of Avon as a Signatory on the Mayors National Climate Action Agenda (MNCAA) Open Letter to the President ACTION BEFORE COUNCIL: Council is asked to consider adopting Resolution 17-12, a resolution supporting local and federal climate action and including the Town of Avon as a signator on the Mayors National Climate Action Agenda (MNCAA) open letter to the President. PROPOSED MOTION: “I move to approve Resolution 17-12, Supporting Local and Federal Climate Action and including the Town of Avon as a Signatory on the Mayors National Climate Action Agenda (MNCAA) Open Letter to the President.” BACKGROUND: At the June 13, 2017 Council meeting, Councilor Scott Prince requested that legislation be brought before Council that would reaffirm the Town of Avon’s commitment to taking actions to achieve the principles and goals of the Paris Climate Agreement. In March 2017, the Mayors National Climate Action Agenda (MNCAA) representing 41 million people and 75 cities across the United States, published an open letter to strongly object to the U.S. Executive Order on the roll back of critically important U.S. climate policies including the Clean Power Plan and vehicle fuel efficiency standards, as well as proposed budget cuts to the Environmental Protection Agency and critical federal programs like Energy Star. The purpose of the letter is to request the President’s administration support local initiatives, help cities leverage their investments in transit and energy infrastructure, support the transition to a clean energy future, continue federal tax credits, and embrace the Paris Climate Agreement. The MNCAA has requested that U.S. cities reaffirm their pledge to reduce emissions, increase resilience, transition to a low-carbon economy, track progress transparently, and to assist them in urging more cities to commit to immediate action. The MNCAA was developed to build on the work from the President’s Climate Task Force as well as through a number of other initiatives in which they share involvement, including: C40 Cities Climate Leadership Group, the U.S. Conference of Mayors, and the Urban Sustainability Directors Network. The Agenda will compliment these existing initiatives but focus on mayor to mayor engagement, with the goal of building up the voice and presence of mayors on this critical issue. Resolution 17-12 supports this agenda and adds Avon as a signator to the Open Letter to the President, available here: http://www.climatemayors.org/our-letter-to-the-president-march-2017/. ATTACHMENT: Resolution 17-12 TOWN OF AVON, COLORADO RESOLUTION 17-12 SUPPORTING LOCAL AND FEDERAL CLIMATE ACTION AND INCLUDING THE TOWN OF AVON AS A SIGNATOR ON THE MAYORS NATIONAL CLIMATE ACTION AGENDA (MNCAA) OPEN LETTER TO THE PRESIDENT WHEREAS, the Town of Avon recognizes that scientific evidence for warming of the earth’s climate system from human activities is unequivocal. Combustion of fossil fuels such as coal, petroleum and natural gas is increasing the concentration greenhouse gases in the atmosphere, pushing average global temperatures higher and changing our mountain ecosystems–making winters warmer and shorter, summers longer and hotter, and increasing the risks of wildfires, droughts and floods; WHEREAS, the Town of Avon supports the goals of the Climate Action Plan for the Eagle County Community of greenhouse gas emissions reductions of 25% by 2025, and 80% by 2050; WHEREAS, on March 28, 2017, a group of U.S. mayors associated with the Mayors National Climate Action Agenda (“MNCAA”), published an open letter to President Donald Trump on Climate Action (the "MNCAA Letter") calling upon the administration to support transit- and energy-related infrastructure improvements, to continue offering tax credits for electric vehicles, renewables, and other clean technologies, to embrace the Paris Climate Agreement; and WHEREAS, the mayors of numerous U.S. cities have endorsed the MNCAA Letter to date, including those of Denver, Boulder, Fort Collins, Park City, Longmont, Aspen, and Vail, and MNCAA welcomes mayors of additional cities to endorse their Letter, and WHEREAS, the Avon Town Council desires to endorse the MNCAA Letter. THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that: The Town of Avon hereby supports the agenda of the MNCAA, endorses the MNCAA letter and endeavors toward adopted greenhouse gas emission reduction targets through ongoing initiatives, and through continuing support and participation in community actions to reduce greenhouse gas emissions. The Town of Avon hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents/constituents of the Town of Avon. INTRODUCED, READ, APPROVED AND ADOPTED this 11th day of July 2017. By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk 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: Broadband Authorization Ballot Question DATE: July 5, 2017 SUMMARY: Town Council conducted a work session at its regular meeting on June 13, 2017, to review broadband service and the statutory requirement for Avon voter authorization to allow municipal broadband activities. Council indicated interest and support and directed Town staff to proceed with preparing materials for Council’s consideration to take action to refer a ballot question to the November 7, 2017 general election. Attached for Council consideration is Resolution No. 17-13 which would (1) set and refer a ballot question to authorize municipal broadband service in Avon and (2) authorize the Town Clerk to execute an intergovernmental agreement with Eagle County to conduct a coordinated mail ballot election. REQUIRED VOTER APPROVAL: The Colorado legislature enacted Senate Bill 152 in 2005 which restricted local governments from providing, partnering, or contracting to provide, broadband infrastructure or service UNLESS authorized by voter approval. Senate Bill 152 is codified in the state statutes in Title 29, Article 27, “Competition in Utility and Entertainment Services”. Technically, under the wording of the statute, free internet access is not permitted in the Avon Town Hall, Avon Recreation Center, Avon Library or other public places. Although no internet providers have filed letters of objection pursuant to the statutory procedures against free internet access at public buildings, the potential for objections increases if Avon provides internet access on outdoor public malls, parks and plazas. Many municipalities and counties in Colorado have sought voter approval and the rate of voter approval for local government broadband authorization is very high. Please see the attached materials from the Colorado Municipal League for more information and background. BALLOT QUESTION: The Ballot Question is worded to provide broad authorization for the Town of Avon to provide, facility, partner or coordinate improved broadband service to the Avon community. The Ballot Question wording is based on review of several recent examples of ballot questions which have passed. The Ballot Question would not increase any existing tax rates and is expressly worded as such with the introductory phrase, “WITHOUT INCREASING TAXES”. INTERGOVERNMENTAL AGREEMENT: Attached is the 2016 intergovernmental agreement from Eagle County to conduct a coordinated election. Regina O’Brien, Eagle County Clerk and Recorder, indicated that the 2017 version of the intergovernmental agreement will be available after August 1, 2017. The coordinated election IGA has been substantially similar each year, the IGA implements requirements in the state statutes for coordinated elections, and overall, has been a cost-effective convenience for the Town of Avon. Resolution No. 17-13 authorizes the Town Clerk to finalize and execute the IGA for a coordinated election with Eagle County. FAIR CAMPAIGN PRACTICES ACT: The Fair Campaign Practices Act establishes restrictions on Town to advocate for or against a referred ballot measure. Once the Ballot Question is referred to an election, M EMORANDUM & PLANNING, LLC Avon Town Council Broadband Authorization Ballot Question July 5, 2017 Page 2 of 2 the Town may not spend more than $50 advocating for or against the passage of the ballot issue. The Town may provide a factual statement to the public provided that the factual statement is objective, does not advocate for or against the ballot issue, and includes arguments for and against the ballot issue. A draft Factual Statement is included with this Memorandum. The relevant statutory authorization for a factual statement is reprinted as follows: CRS §1-45-117(1)(b) (I) Nothing in this subsection (1) shall be construed as prohibiting an agency, department, board, division, bureau, commission, or council of the state, or any political subdivision thereof from expending public moneys or making contributions to dispense a factual summary, which shall include arguments both for and against the proposal, on any issue of official concern before the electorate in the jurisdiction. Such summary shall not contain a conclusion or opinion in favor of or against any particular issue. As used herein, an issue of official concern shall be limited to issues that will appear on an election ballot in the jurisdiction. OPTIONS: The Avon Town Council has until the end of July to indicate that it intends to refer a ballot measure to a coordinated election, until August 29, 2017 to approve an IGA for a coordinated election, and until September 8, 2017 to certify a ballot question; therefore, Council may continue consideration of a ballot measure until the July 25, 2017 Council meeting PROPOSED MOTION: “I move to approve Resolution No. 17-13 REFERRING A BALLOT QUESTION CONCERNING MUNICIPAL BROADBAND SERVICE AUTHORIZATION” Thank you, Eric ATTACHMENTS A: Memorandum from Debbie Hoppe, Town Clerk B: Resolution No. 17-13 C: 2016 Intergovernmental Agreement for Coordinated Election D: Colorado Municipal League materials E: Draft Factual Statement TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Debbie Hoppe, Town Clerk Date: June 29, 2017 Agenda Topic: Action on IGA with Eagle County Concerning Administration and Conduct of November 7, 2017 Coordinated Mail Ballot Election ACTION BEFORE COUNCIL The attached Intergovernmental Agreement sets forth the administration and conduct of the November 7, 2017 Coordinated Mail Ballot Election. If the Town Council approves the IGA, the ballot will include one ballot question: Improving Broadband Service. The Town must certify a ballot question by September 8, 2017. BACKGROUND The election will be administered as a coordinated mail ballot election by Eagle County Clerk and Recorder, Regina O’Brien. In my role as Town Clerk, I would serve as the designated election official and work with the Eagle County Clerk to administer Avon’s portion of the coordinated election, acting as the primary liaison between the town and the County Clerk. This arrangement is outlined in the agreement and the Town Code Section 1.12.020. This agreement must be submitted to the County at least 70 days before the election, as required by § 1-7-116(2), which is August 29, 2017 in order to participate. The IGA addresses such items as follows: §Responsibilities of County Clerk and Political Subdivision Responsibilities: section details responsibilities for bothelection officials §Costs: section estimates election costs on a prorated basis based primarily on the number of ballot issues, activevoters, and/or items to be included on the ballot for each political subdivision. On average election costs have beenaround $2500 with presidential elections typically see higher voter turnout and related higher costs. §Call and Notice: section details who is responsible for the election publication §Ballot Certification: section details the town’s role in submitting the ballot text to the county §Preparation of Voter Lists: section details the exchange of the voter lists §Tabor Notice: section details responsibility with regard to the Tabor notices §Street Locator List: section details that the town is to provide an accurate street listing to the county §Election Judges: section details that the county manages the appointment and training of the judges §Canvass of Votes: section details the role of the county in the canvassing of the votes §Cancellation: section details that the town will notify the county if the election is cancelledThere are several exhibits to the agreement including a timeline, street locator list and affidavit. ATTACHMENT A: Town Clerk Memorandum Res 17-13 Referring a Broadband Authorization Ballot Question to a Special Election July 11, 2017 Page 1 of 2 RESOLUTION NO. 17-13 REFERRING A BALLOT QUESTION CONCERNING MUNICIPAL BROADBAND SERVICE AUTHORIZATION WHEREAS, Section 3.2 of the Avon Home Rule Charter states that the Council may call a special municipal election by resolution; and WHEREAS, the Avon Town Council finds that the authorization to provide municipal broadband service will substantially benefit the Avon community; and WHEREAS, the November 7, 2017, is the date of a scheduled election to be conducted by the County of Eagle which may be conducted as a coordinated election with the Town of Avon; and WHEREAS, §31-11-111(2) authorizes the Town to submit any question to the vote of the registered voters of the municipality by adoption of a resolution; and WHEREAS, pursuant to §31-10-102.7, C.R.S., of the Colorado Municipal Election Code of 1965 and Section 1.12.010 of the Avon Municipal Code, the Town has determined to utilize the requirements of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1, C.R.S. (the “Uniform Election Code”), and to coordinate a regular municipal election with Eagle County; and WHEREAS, the Avon Town Council has the right to refer any question on its own motion to a special election; and WHEREAS, the Avon Town Council has the right to determine the title and ballot question; and WHEREAS, Colorado Revised Statute §1-7.5-104 authorizes the governing board of a political subdivision other than a county to determine to conduct an election as a mail ballot election. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Special Election, Title and Ballot Question. A special election is hereby called to be held on Tuesday, November 7, 2017 for consideration of the following ballot question: “TOWN OF AVON BROADBAND SERVICE AUTHORIZATION WITHOUT INCREASING TAXES, SHALL THE TOWN OF AVON HAVE THE AUTHORITY TO PROVIDE, FACILITATE, PARTNER OR COORDINATE WITH SERVICE PROVIDERS FOR THE PROVISION OF, "ADVANCED (HIGH-SPEED INTERNET) SERVICE," "CABLE TELEVISION SERVICE," AND "TELECOMMUNICATION SERVICE," EITHER DIRECTLY, INDIRECTLY, OR BY CONTRACT, TO RESIDENTIAL, COMMERCIAL, NONPROFIT, GOVERNMENT OR OTHER “SUBSCRIBERS" AND TO ACQUIRE, OPERATE AND MAINTAIN ANY FACILITY FOR THE PURPOSE OF PROVIDING SUCH SERVICES, AND THEREBY RESTORING LOCAL AUTHORITY ATTACHMENT B: Res. No. 17-13 Res 17-13 Referring a Broadband Authorization Ballot Question to a Special Election July 11, 2017 Page 2 of 2 AND FLEXIBILITY THAT WAS RESTRICTED BY TITLE 29, ARTICLE 27, PART 1 OF THE COLORADO REVISED STATUTES? YES____________ NO_____________ ” Section 2. Coordinated Mail Ballot Election. Special election on November 7, 2017 shall be conducted as a coordinated mail ballot election with Eagle County. Section 3. Town Clerk Authorization. The Town Clerk is authorized and directed to take all actions as necessary and appropriate to conduct a special election on November 7, 2017, as a coordinated election with Eagle County, in accordance with the law. The Town Clerk is further authorized to enter into an intergovernmental agreement on behalf of the Town of Avon with Eagle County for the purpose conducting a coordinated mail ballot election. Section 4. Town Clerk is Designated Election Official. The Town Clerk is hereby appointed as the designated election official of the Town for purposes of performing acts required or permitted by law in connection with the election. The Town Clerk is further authorized to approve and execute an intergovernmental agreement with Eagle County, Colorado to conduct a coordinated election. RESOLUTION INTRODUCED, READ, APPROVED AND ADOPTED ON JULY 11, 2017. By:____________________________ Attest:___________________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ATTACHMENT B: Res. No. 17-13 /Users/ericheil/Documents/HL&P/Avon/Elections/2017 Broadband/IGA 2016 Final.doc[Type text] [Type text] Eagle County Intergovernmental Agreement November 8, 2016 General Mail Ballot Election This Agreement is made and entered into the ____ day of _________, 2016 between Eagle County and INSERT POLITICAL SUBDIVISION HERE (hereinafter referred to as ‘Political Subdivision’), concerning the administration and the conduct of the November 8, 2016 General Election (the “Election”). Coordinated and Designated Election Officials Except as otherwise provided in this Section, the Eagle County Clerk and Recorder (the “County Clerk”) shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code which require action by the Coordinated Election Official. The Political Subdivision shall name a ‘Designated Election Official’ who shall act as the primary liaison between the Political Subdivision and the County Clerk and who will have responsibility for the conduct of the Election procedures to be handled by the Political Subdivision. Nothing herein shall be deemed or construed to relieve the County Clerk or the Governing Body of the Political Subdivision from their official responsibilities for the conduct of the Election. Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. County Clerk Responsibilities The County Clerk shall perform the following services and activities for the Political Subdivision’s Election: 1.Adhere to all applicable provisions of C.R.S. Title One, Federal law related to elections and Colorado Secretary of State Rules. 2.Perform all services necessary for voting in Eagle County’s elections, including but not limited to, pre and post-election testing of voting equipment, preparation of mail–in and voter ballot materials, receipt and processing of applications for voter registrations, receipt and processing of overseas and military voter applications for ballot delivery, timely mailing of ballots, tabulation of votes and certification of results. 3.Provide four locations for Voter Service and Polling Centers throughout the County during all Elections. 4.Provide the Political Subdivision an itemized statement of the costs for performing the tasks by the County Clerk hereunder no later than 60 working days following the Election. Exercise all reasonable diligence, care and control in providing these services to the Political Subdivision. ATTACHMENT C: 2016 Coordinated Election IGA /Users/ericheil/Documents/HL&P/Avon/Elections/2017 Broadband/IGA 2016 Final.doc[Type text] [Type text] 5. Give assistance and information to the Designated Election Official of the Political Subdivision on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 6. Additional responsibilities related to certain Special Districts ( the “District”) in which non-resident property owners may be eligible to vote: a. Send property owner ballots to non-resident voters who have returned the self-affirming oath. (Oath will be included in the District Specific Tabor Notice mailing) b. The self-affirming oath or affirmation is included as Appendix E. c. Record on a spreadsheet each property owner mailed and returned. d. Tabulate and certify results for these special elections. Political Subdivision Responsibilities The Political Subdivision shall perform the following services and activities: 1. Identify a ‘Designated Election Official’ to act as liaison between the Political Subdivision and the County Clerk. 2. Determine the ballot issues to be voted upon at the Election. 3. Determine the ballot title and text. Ballot titles shall begin, “SHALL (DISTRICT) TAXES BE INCREASED (first, or if phased in, final, full fiscal year dollar increase) ANNUALLY?” or “SHALL (DISTRICT) DEBT BE INCREASED (principal amount), WITH A REPAYMENT COST OF (maximum total district cost)? 4. Be solely responsible for the accuracy, grammar and spelling of all ballot titles and text. 5. Exercise all reasonable diligence, care and control in providing these services to the County Clerk. 6. Review district street locator list; Appendix C, and alert County Clerk to any necessary edits and certify the accuracy of the list on the Statement of Certification; Appendix D. 7. Give assistance and information to the County Clerk on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 8. Adhere to all applicable provisions of the Colorado Revised Statutes which are necessary or appropriate to the performance of the above duties. 9. Assist with equipment logic and accuracy testing and post-election canvass and audit as requested. 10. Additional Responsibilities for Districts with Non-Resident Eligible Voters • Request district property owner list from county assessor’s office and provide one spreadsheet with two worksheets. The first worksheet will include all property owners along with their residential and mailing addresses. The second worksheet will separate mailing addresses which are outside of Eagle County no later than September 19, 2016. ATTACHMENT C: 2016 Coordinated Election IGA /Users/ericheil/Documents/HL&P/Avon/Elections/2017 Broadband/IGA 2016 Final.doc[Type text] [Type text] Call and Notice The County Clerk will publish one notice and sample composite ballot and Notice of Election as required by C.R.S. 1-5-205 of the Uniform Election Code in the Eagle Valley Enterprise and the Aspen Times Weekly no later than 20 days prior to the Election (Appendix B). This notice and sample composite ballot will also be posted on the Eagle County website no later than 20 days prior to the Election. Petitions: Preparation and Verification The Political Subdivision shall be responsible for the petition process in compliance with applicable Colorado statutes, ordinances, or charter provisions. This process includes, but is not limited to, providing petitions, approving the candidate or initiative petitions to be circulated within the Political Subdivision, and receiving the petitions. The County Clerk shall be responsible for approving the form of petitions and verifying the eligibility of petition signatures. Ballot Certification Format Requirements The Political Subdivision is responsible for furnishing the text of the ballot to the County Clerk at least 60 days before the Election in final written form using the format requirements specified in Appendix A. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not issues legally belong on the ballot. The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order. For candidates, specify titles of offices, the order of the names to appear for each office and the order of offices. For issues, specify the ballot title, and the order of the issues. Wording shall be in upper and lower case except as is dictated by law (e.g., TABOR Amendment). The Political Subdivision has the responsibility to proofread and edit the text of the official ballots before the County Clerk will authorize printing of the ballots. From the time of receipt of the ballot proof, the Political Subdivision has 24 hours to proofread, correct if necessary, sign and return the proof to the County Clerk and its failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. After final approval of the ballot text the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue or race on the printed ballots. Political subdivision will provide ballot language in English and is encouraged to also provide Spanish translations. ATTACHMENT C: 2016 Coordinated Election IGA /Users/ericheil/Documents/HL&P/Avon/Elections/2017 Broadband/IGA 2016 Final.doc[Type text] [Type text] TABOR Notice Each Political Subdivision shall provide an opportunity for all comments concerning ballot issues to be summarized as required by Article X, Section 20 of the Colorado Constitution. The Designated Election Official shall transmit the summaries and any other required material to the County Clerk no later than 42 days before the Election in final written form in accordance with the specifications required in Appendix A. Submissions not meeting these requirements will be rejected by the County Clerk. Political Subdivision shall: 1. Include, within its Ballot Issue Notice (TABOR Notice; Article X, Section 20 of the State Constitution), ballot titles in this order of preference: • Citizen Petitions: i. Notice of Election to Increase Taxes ii. Notice of Election to Increase Debt • Referred Measures: i. Notice of Election to Increase Taxes ii. Notice of Election to Increase Debt 2. Title the Tabor Notice with “NOTICE OF ELECTION TO INCREASE TAXES / TO INCREASE DEBT / ON A CITIZEN PETITION / ON A REFERRED MEASURE” according to the type of Tabor question. 3. Provide the Political Subdivision’s completed TABOR Notice to Teak J. Simonton, County Clerk in the format described in Appendix A. This notice must be provided in English and it is recommended that a Spanish translation also be provided. The County Clerk shall: 1. The County Clerk shall be responsible for mailing the notice required by Article X, Section 20(3) (b) in the most cost effective manner feasible to all registered Eagle County voters. 2. Combine the text of the TABOR Notices produced by the Political Subdivision with those of other political subdivisions to produce the TABOR Notice packet. 3. Include in the TABOR Notices mailed to each household where one or more eligible electors reside, voter notification information which will include household address, precinct number, the specific election being noticed and other applicable information. 4. Include in the TABOR Notice the Self Affirming Oath with explanation to voters about who is eligible to apply for these property owner ballots. 5. Address the packet to ‘All Registered Voters’ at each address of one or more active registered electors within the Political Subdivision. Nothing herein shall preclude the County Clerk from sending the TABOR ATTACHMENT C: 2016 Coordinated Election IGA /Users/ericheil/Documents/HL&P/Avon/Elections/2017 Broadband/IGA 2016 Final.doc[Type text] [Type text] Notice to persons other than active electors of the Political Subdivision if such sending arises from the County Clerk’s efforts to mail the TABOR Notice packet at ‘least cost’. 6. Be responsible for placing the TABOR Notices received from the various political subdivisions participating in the Election in the proper order in the TABOR Notice packet. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 7. Mail the TABOR Notice packet, addressed as required by law, at least 30 days before the Election. Costs The County Clerk shall keep a careful and accurate accounting of all chargeable items to the Political Subdivision and shall submit to the Political Subdivision, a statement of charges (for costs incurred by the County and not billed directly to the Political Subdivision by an outside vendor) within sixty (60) work days following the date of the Election (Appendix B). Costs shall include but are not limited to: election judges and other associated personnel, ballots and related election forms, printing, election supplies, legal notices paid for the County, postage, rental charges, technical support, and TABOR Notice printing and mailing. The County Clerk shall charge each Political Subdivision taking part in the General Election on a prorated basis based primarily on the number of ballot issues, active voters Property Owner Election supplemental fees and/or items to be included on the ballot for each Political Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating such costs will be charged accordingly. The County Clerk shall charge each Political Subdivision for costs relating to the TABOR Notice on a prorated basis based on the number of ballot issues and/or items to be included in said notice for each Political Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating such costs will be charged accordingly. There will be a surcharge for coordination and administration of non-resident, property owner ballot mailing of $1000.00. The minimum charge for coordinating the Election with the County Clerk shall be $500.00. The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement. ATTACHMENT C: 2016 Coordinated Election IGA /Users/ericheil/Documents/HL&P/Avon/Elections/2017 Broadband/IGA 2016 Final.doc[Type text] [Type text] Street Locator List Appendix C to this Agreement is a copy of the Street Locator List for the Political Subdivision. It is the responsibility of the Political Subdivision to review the list and correct any errors. A Statement of Certification, Appendix D, must be signed by the Designated Election Official for the Political Subdivision and returned to the County Clerk along with any changes to the Street Locator List, accompanied by the signed Intergovernmental Agreement 70 days prior to the Election, August 30, 2016. (Appendix B) Appointment and Training of Election Judges All Election Judges shall be appointed and trained by the County Clerk. In the event that additional Judges are needed, the Political Subdivision may be required to provide one individual to serve in that capacity. Testing and Tabulation Processes relating to the tabulation of ballots shall be the responsibility of the County Clerk. An unofficial abstract of votes will be provided to the Political Subdivision upon completion of the counting of all ballots. Canvass of Votes The canvass of votes will be conducted by the Board of Canvassers appointed by the County Clerk. Such canvass will be completed no later than seventeen (17) days after the Election (November 25, 2016) and official results of the canvass will be provided to all Political Subdivisions participating in the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. Indemnification The Political Subdivision agrees to indemnify, defend and hold harmless the County, its officers and employees, from any and all losses, costs, demands or actions, arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. ATTACHMENT C: 2016 Coordinated Election IGA /Users/ericheil/Documents/HL&P/Avon/Elections/2017 Broadband/IGA 2016 Final.doc[Type text] [Type text] Cancellation In the event that the Political Subdivision, after the signing of this Agreement and on or before the day of the Election, resolves not to hold the Election, notice of such resolution shall be provided to the County Clerk immediately. The Political Subdivision shall provide notice by publication (as defined in the Code) of the cancellation of the Election and a copy of the notice shall be posted in the Office of the County Clerk, in the office of the Designated Election Official (as defined in the Code), in the primary building of the Political Subdivision, and, if the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision shall not cancel the election after the 25th day prior to the Election (Appendix B). The Political Subdivision shall be responsible for all expenses incurred on its behalf to the date that notice was received by the County Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. All costs incurred or contracted for by the County Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed by the Political Subdivision. Upon receipt of the invoice the Political Subdivision shall promptly pay the County Clerk the full actual costs of the activities of the County Clerk relating to the Election incurred both before and after the County Clerk’s receipt of such notice. Reasonable Care The County and its employees, agents, representatives, or other persons acting under the direction or control of the County shall use reasonable care in carrying out their obligations under this Agreement. Notices Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: • three days after they have been mailed by certified mail, return receipt requested to the address as set forth below; • immediately upon hand delivery to Teak J. Simonton, County Clerk,; or • immediately upon receipt of confirmation that a fax or e-mail was received; To County Clerk: Teak J. Simonton Eagle County Clerk and Recorder 500 Broadway P.O. Box 537 Eagle, CO 81631 Fax: 970-328-8716 ATTACHMENT C: 2016 Coordinated Election IGA /Users/ericheil/Documents/HL&P/Avon/Elections/2017 Broadband/IGA 2016 Final.doc[Type text] [Type text] Email: teak.simonton@eaglecounty.us To Jurisdiction: Insert name, address, fax and email fax:_______________________________ E-mail address: _____________________ Time is of the Essence Per C.R.S. 1-7-116(2) this Agreement must be signed and returned to Teak J. Simonton, Clerk and Recorder seventy (70) days prior to the Election, August 30, 2016. The statutory time requirements of the Uniform Election Code and the time requirements set by the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the completion of the tasks required by this Agreement. In witness whereof, the Parties hereto have executed this Agreement to be effective as of the date first set forth above. ________________________________________ Designated Election Official For INSERT POLITICAL SUBDIVISION HERE Attest: ________________________________________ ____________________________________________ Chair, Jeanne McQueeney Date Teak Simonton Date Eagle County Board of Commissioners Clerk and Recorder ATTACHMENT C: 2016 Coordinated Election IGA SB05-152 Opt-Out Kit: A Local Government Blueprint for Improving Broadband Service in Your Community May 2017 ATTACHMENT D: CML-CCI MATERIALS Introduction In order to compete in today’s economy, communities across the state have become increasingly dependent on Internet access – and especially high-capacity (“broadband”) access - for business development and operations. The availability of broadband has also become a necessity for quality of life and desirability of a community, providing residents access to things like online education and distance learning opportunities, telemedicine and entertainment content (movies, music, etc.). Broadband has become so critical, in fact, that many now regard it as a basic infrastructure need - on par with roads, water systems and energy grids. Unfortunately, numerous communities across Colorado still lack adequate Internet connectivity. The reasons vary, but more often than not these areas are too sparsely populated, too remote or in regions where the topography (mountainous terrain, etc.) makes expanding service difficult and expensive for telecommunication providers. These communities are “upside down” from a traditional business model standpoint, and providers are unable or unwilling to connect these areas, leaving them at an economic disadvantage from their more urbanized neighbors. While local governments often play a direct role in economic development efforts, cities and counties historically have not been directly involved in the delivery of retail telecommunication services. However, the increasing demand for broadband service – often driven by economic development concerns - has forced many local government officials to reexamine their role in the provision of broadband services. In the last few years, a growing number of local governments have started looking at investing public dollars in broadband infrastructure improvements (usually fiber optic cable lines or cell towers) in order to attract Internet providers and enhance economic development efforts in their region. The Department of Local Affairs has also heard these community concerns, and has expanded its existing broadband planning grant program to include funds for local government investments in “middle mile” broadband infrastructure. SB 152 and Statutory Prohibitions on Local Government Broadband Infrastructure One of the biggest impediments to local governments enhancing broadband infrastructure is a law passed in 2005, which has since been commonly referred to as “Senate Bill (SB) 152” (SB05-152, attached to this memorandum and codified at sections 29-27-101-304, C.R.S.). SB 152 prohibits most uses of municipal or county money for infrastructure to improve local broadband service, without first going to a vote of the people. The hurdles put in place by this statute are not insurmountable; indeed, in the past few years 68 municipalities and 28 counties have placed measures on the ballot to override the prohibitions in SB 152. These measures have passed handily in virtually every jurisdiction - with the support of citizens who are frustrated and want timely action on broadband service in their communities. Continued dissatisfaction over a lack of adequate broadband is resulting in more and more jurisdictions considering going to the ballot with SB 152 questions. During the last few years, CML and CCI have been meeting with local government officials, economic development professionals, state agency representatives and telecommunication experts from jurisdictions whose voters have approved SB 152 questions at the ballot. This opt-out kit is designed to help interested local government officials and staff to frame the issue as they consider their own ballot questions and work toward improving broadband service in their communities. ATTACHMENT D: CML-CCI MATERIALS 2 SB 152 Frequently Asked Questions (FAQ’s) What does a SB 152 election accomplish? SB 152 requires that an election be held before a local government may “engage or offer to engage in providing” various telecommunication services. The term “providing” is given an expansive definition in the statute, which restricts both the direct and “indirect” provision of service (“indirect”, in turn, is given its own, broadly restrictive definition). Fortunately, through a successful SB 152 election, a local community can clear away this legal impediment to a wide variety of local broadband initiatives. It is important to point out that the vast majority of local governments who have passed SB 152 questions (or are considering going to the ballot in the near future) are not interested in hooking up homes and businesses and providing actual broadband services themselves. By and large, these jurisdictions are working to enhance local broadband infrastructure in order to attract private sector service providers who would otherwise be unwilling or unable to serve their communities. The local broadband initiatives in the jurisdictions passing SB 152 questions to date usually involve some form of public-private partnerships between local governments, economic development agencies and the industry. Is referring a SB 152 question to the ballot expensive? No more so than any other referred measure. Most jurisdictions have referred their questions when the municipality or county was already having an election. Accordingly, the addition of the SB 152 issue did not significantly increase costs. In a coordinated election, a particular jurisdiction’s costs would be affected by the terms of the IGA regarding election cost allocation between the county and participating local governments. Are there any restrictions on referring SB-152 ballot measures in odd-numbered year coordinated elections? Apparently not. A wide number of locally-referred questions have been submitted to voters in coordinated elections conducted in odd-numbered years in Colorado. Local governments have regularly referred TABOR questions and home rule charter amendment ballot questions to the voters in odd-numbered years, and this practice is explicitly authorized in C.R.S. § 1-41-103. Additionally, the Attorney General issued an opinion in 1999 (No. 99-8 AG Alpha No. HE CS AGAWD) which concluded that local governments may refer ballot questions on term limits in odd- numbered years as well. Odd-year ballot questions dealing with issues outside of TABOR, charter amendments and term limits are less common, but have been referred fairly regularly by local elected ATTACHMENT D: CML-CCI MATERIALS 3 officials over the years without challenge. The language in SB 152 (specifically C.R.S. § 29-27- 201(1)) requires that “Before a local government may engage in providing…telecommunications service, or advanced service, an election shall be called on whether or not the local government shall provide the proposed…service." This authorizing language is broad in nature, and does not appear to limit the ballot question to the general election ballot. Again, local government officials are advised to consult with legal counsel in the development of these ballot questions. What sort of election specifics does SB 152 require? Not many. SB 152 specifies four requirements for ballot questions in a SB 152 election. (See: C.R.S. § 29-27-201(2)) The ballot: (1) Shall pose the question as a “single subject”, (2) Shall include a description of the “nature of the proposed service,” (3) Shall include a description of “the role that the local government will have in the provision of the service,” and (4) Shall include a description of the “intended subscribers of such service.” How have other jurisdictions addressed these requirements? A review of the ballot questions put forth by local governments so far (included below) shows a clear preference for broad “anything and everything” type authority. Industry representatives have complained from time to time that such local ballot language has lacked the specificity required by the statute. This notion has never been tested in court. One might also argue that a “broad authority” question that describes the nature of the service proposed, along with potential future build-outs or applications, is not fatally flawed by its inclusion of the latter. Furthermore, courts have been traditionally hesitant to reverse the will of the voters, if evident. Obviously, the development of local SB 152 ballot language should be done in close consultation with legal counsel. What about the “single subject” requirement? The term “single subject” is not defined in SB 152. Nonetheless, the ballot questions submitted by local governments thus far seem comfortably within the single subject standard applied to statewide ballot initiatives, in cases such as In the Matter of the Ballot Title and Submission Clause for 2013- 2014 #129, 333 P.3d 101 (Colo. 2014). Local government officials are urged to consult with legal counsel. ATTACHMENT D: CML-CCI MATERIALS 4 Are there any additional election requirements that distinguish a SB 152 question from other matters routinely referred to the ballot by a county or municipality? No (but again, please confer with your legal counsel). As always, attention should be paid to the requirements of the Fair Campaign Practices Act (Section 1-45-117, C.R.S.), which forbids use of public funds for advocacy in elections. This restriction is a prudent consideration in planning any campaign for a successful SB 152 election. Does voter approval of a county SB 152 ballot question have the effect of authorizing the provision of such services by municipalities within that county? No. SB 152 requires voter approval by each jurisdiction participating in the provision of covered services. Does opting out of SB 152 bind local taxpayers to provide local funds? No. Opting out of SB 152 simply removes the local prohibition on expending public funds to provide service and allows local jurisdictions to explore and develop plans for their communities. If any jurisdiction gets to the point where they are looking to invest public funds they must follow their own guidelines for doing so. Does a jurisdiction need to approve a SB 152 ballot question in order to qualify for broadband infrastructure grant funds from the Department of Local Affairs (DOLA)? It depends. DOLA’s broadband grant program provides funding for regional planning and “middle mile” infrastructure projects (i.e., projects that do not provide “last mile” connections to customers). The guidance in DOLA’s broadband grant policies suggests that each jurisdiction must determine whether it is in compliance with the statutory restrictions set forth in SB 152. DOLA requires any grantee to be in compliance with any applicable laws and regulations. DOLA itself will not make that determination, nor does the awarding of a grant confer any certainty or acknowledgment of compliance on DOLA’s part to the grantee. DOLA’s broadband grant policy guidelines can be found at: http://dola.colorado.gov/demog-cms/content/dola-broadband-program. ATTACHMENT D: CML-CCI MATERIALS 5 Sample Local Government Ballot Language for SB 152 Elections County Questions Rio Blanco County (Passed Fall 2014) “Without increasing taxes, shall the citizens of Rio Blanco County, Colorado, authorize the Board of County Commissioners of Rio Blanco County, Colorado, to provide to potential subscribers including telecommunications service providers, residential and commercial users within Rio Blanco County, all services restricted since 2005 by Title 29, article 27 of the Colorado Revised Statutes, including “telecommunication services,” “cable television services,” and “advanced services” which is defined as high speed internet access capability in excess of two hundred fifty six kilobits per second both upstream and downstream (known as “broadband”) including any new and improved bandwidth services based on future technologies, utilizing the existing community owned fiber optic network and/or developing additional infrastructure, either directly or indirectly with public or private sector partners?” San Miguel County (Passed Fall 2014) “Without increasing taxes, shall San Miguel County, Colorado, have the legal ability to provide any or all services currently restricted by Title 29, article 27, Part 1, of the Colorado Revised Statutes, specifically described as “advanced services,” “telecommunication services,” and “cable television services,” as defined by the statute, including, but not limited to, any new and improved high bandwidth services based on future technologies, utilizing community owned infrastructure including but not limited to any existing fiber optic network, either directly, or indirectly with public or private sector service providers, to potential subscribers that may include telecommunications service providers, and residential or commercial users within San Miguel County?” Yuma County (Passed Fall 2014) “Without increasing taxes, shall the citizens of Yuma County Colorado re-establish their counties’ right to provide all services and facilities restricted since 2005 by Title 29, Article 27 of the Colorado Revised Statutes, described as “Advanced Services,” “Telecommunication Services,” and “Cable Television Services,” including providing any new and improved broadband services and facilities based on future technologies, utilizing existing or new community owned infrastructure including but not limited to the existing fiber optic network, either directly or indirectly with public or private sector partners, to potential subscribers that may include telecommunications service providers, residential or commercial users within the boundaries of Yuma County?” Clear Creek County (Passed Fall 2015) Without increasing taxes by this measure, shall citizens of the County of Clear Creek, Colorado, authorize their board of county commissioners to provide any or all services currently restricted by Title 29, Article 27, Part 1, of the Colorado Revised Statutes, specifically described as high speed internet access ("advanced service"), "telecommunications service," and "cable television service," as defined by the statute, including, but not limited to, any new and improved high bandwidth services based on future technologies, either ATTACHMENT D: CML-CCI MATERIALS 6 directly or indirectly with public or private sector partners or providers, to potential subscribers including, without limitation, other service providers and residential, commercial and governmental users within Clear Creek County? Yes - For authorization to provide high speed internet access ("advanced") service, telecommunications service, and cable television service. No - Against authorization to provide high speed internet access ("advanced") service, telecommunications service, and cable television service. La Plata County (Passed Fall 2015) Without increasing taxes, shall La Plata County, Colorado be authorized to reestablish the right to provide high-speed services, and/or cable television services (all as defined in § 29- 27-102, Colorado Revised Statutes) to residents, businesses, schools, libraries, nonprofit entities and other users of such services, either directly or indirectly with public or private sector partners? Ouray County (Passed Fall 2015) Shall Ouray County, without increasing taxes by this measure, be authorized to provide all services and facilities as permitted by Title 29, Article 27 of the Colorado Revised Statutes, described as "advanced services", "telecommunications services" and "cable television services", including providing any new and improved broadband services and high-speed internet services and facilities, based on current or future technologies, and utilizing existing or future county owned or leased infrastructure, fiber optic connections and networks, either directly or indirectly, including use of county wireless connections in county facilities without charge to members of the public, with or without public or private partners, for the benefit and use of residents and visitors to Ouray County and to potential residential and commercial subscribers in Ouray County? Washington County (Passed Fall 2015) Pursuant to the authority granted by C.R.S. Section 29-27-101 to 304 titled "competition in utility and entertainment services" shall Washington County be authorized to provide high-speed internet services, (advanced services), telecommunications services, and/or cable television services to residents, businesses, schools, libraries, nonprofit entities and other users of such services either directly or indirectly with public or private sector partners as those terms are defined in the aforementioned statutes within the unincorporated boundaries of Washington County, Colorado? Larimer County (Passed November 2016) Without increasing taxes, shall the citizens of Larimer County Colorado re-establish Larimer County’s right to provide any and all services and facilities restricted since 2005 by Title 29, Article 27 of the Colorado Revised Statutes, described as “Advanced Services” (high-speed internet), “Telecommunication Services,” and “Cable Television Services,” including but not limited to any new and improved broadband services and facilities based on future technologies, utilizing existing or new community owned infrastructure including but not limited to the existing fiber optic network, either directly, or indirectly with public or private sector partners, to potential subscribers that may include telecommunications service providers, residential or commercial users within the boundaries of Larimer County? ATTACHMENT D: CML-CCI MATERIALS 7 Municipal Questions SPRING 2015 GRAND JUNCTION CITY OF GRAND JUNCTION REFERRED MEASURE 2A SHALL THE CITY OF GRAND JUNCTION, WITHOUT INCREASING TAXES BY THIS MEASURE, BE AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNER(S), HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICE), TELECOMMUNICATIONS SERVICES ANDIOR CABLE TELEVISION SERVICES AS DEFINED BY § 29-27-101 TO 304 OF THE COLORADO REVISED STATUTES, INCLUDING BUT NOT LIMITED TO ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICE(S) BASED ON FUTURE TECHNOLOGIES, TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, WITHOUT LIMITING ITS HOME RULE AUTHORITY? PASS, 75%- 22% ESTES PARK WITHOUT INCREASING TAXES, SHALL THE TOWN OF ESTES PARK REESTABLISH THE TOWN'S RIGHT TO PROVIDE ALL SERVICES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES," "TELECOMMUNICATIONS SERVICES" AND "CABLE TELEVISION SERVICES," INCLUDING ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICES BASED ON FUTURE TECHNOLOGIES, UTILIZING COMMUNITY OWNED INFRASTRUCTURE INCLUDING, BUT NOT LIMITED TO THE EXISTING FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERCIAL USERS WITHIN THE TOWN AND THE SERVICE AREA OF THE TOWN'S LIGHT AND POWER ENTERPRISE? PASS, YES: 1652 NO: 136 FALL 2014 BOULDER SHALL THE CITY OF BOULDER BE AUTHORIZED TO PROVIDE HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICES), TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, AS EXPRESSLY PERMITTED BY §§ 29-27-101 TO 304, “COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES,” OF THE COLORADO REVISED STATUTES, WITHOUT LIMITING ITS HOME RULE AUTHORITY? PASS, 17512-3551 CHERRY HILLS VILLAGE SHALL THE CITY OF CHERRY HILLS VILLAGE, WITHOUT INCREASING TAXES BY THIS MEASURE, AND TO RESTORE LOCAL AUTHORITY THAT WAS DENIED TO LOCAL GOVERNMENTS BY THE COLORADO GENERAL ASSEMBLY AND FOSTER A MORE COMPETITIVE MARKETPLACE, BE AUTHORIZED TO PROVIDE HIGH-SPEED INTERNET, INCLUDING IMPROVED HIGH BANDWIDTH SERVICES BASED ON NEW TECHNOLOGIES, TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NON-PROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, AS EXPRESSLY PERMITTED BY ARTICLE 27, TITLE 29 OF THE COLORADO REVISED STATUTES? PASS, 2362- 613 RED CLIFF SHALL THE TOWN OF RED CLIFF BE AUTHORIZED TO PROVIDE CABLE TELEVISION, TELECOMMUNICATIONS AND/OR HI-SPEED INTERNET SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, EITHER DIRECTLY OR INDIRECTLY THROUGH PUBLIC OR PRIVATE SECTOR PARTNERS? PASS, 56-24 ATTACHMENT D: CML-CCI MATERIALS 8 WRAY WITHOUT INCREASING TAXES, SHALL TH CITIZENS OF WRAY, COLORADO RE-ESTABLISH THEIR CITY'S RIGHTS TO PROVIDE ALL SERVICES AND FACILITIES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES,' TELECOMMUNICATIONS SERVICES' AND 'CABLE TELEVISION SERVICES,' INCLUIDNG PROVIDING ANY NEW AND IMPROVED BROADBAND SERVICES AND FACILITIES BASED ON FUTURE TECHONOLOGIES, UTILIZING EXISTING OR NEW COMMUNITIY OWNED INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO THE EXISTING FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERICAL USERS WITHIN THE CITY? PASS 3167- 2461 YUMA WITHOUT INCREASING TAXES, SHALL TH CITIZENS OF YUMA, COLORADO RE- ESTABLISH THEIR CITY'S RIGHTS TO PROVIDE ALL SERVICES AND FACILITIES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES,' TELECOMMUNICATIONS SERVICES' AND 'CABLE TELEVISION SERVICES,' INCLUIDNG PROVIDING ANY NEW AND IMPROVED BROADBAND SERVICES AND FACILITIES BASED ON FUTURE TECHONOLOGIES, UTILIZING EXISTING OR NEW COMMUNITIY OWNED INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO THE EXISTING FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERICAL USERS WITHIN THE CITY'S UTILITY SERVICE AREA? PASS, 71%-29% SPRING 2014 MONTROSE REFERRED MEASURE "A" PASS 3969- 1396 WITHOUT INCREASING TAXES, SHALL THE CITIZENS OFTHE CITY OF MONTROSE, COLORADO, RE-ESTABLISH THEIR CITY'S RIGHT TO PROVIDE ALL SERVICES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OFTHE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCED SERVICES," "TELECOMMUNICATIONS SERVICES" AND "CABLE TELEVISION SERVICES," INCLUDING ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICES BASED ON FUTURE TECHNOLOGIES, UTILIZING COMMUNITY OWNED INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO THE EXISTING FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, TO POTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERCIAL USERS WITHIN THE CITY? FALL 2013 CENTENNIAL BALLOT QUESTION 2G PASS ATTACHMENT D: CML-CCI MATERIALS 9 SHALL THE CITY OF CENTENNIAL, WITHOUT INCREASING TAXES, AND TO RESTORE LOCAL AUTHORITY THAT WAS DENIED TO ALL LOCAL GOVERNMENTS BY THE STATE LEGISLATURE, AND TO FOSTER A MORE COMPETITIVE MARKETPLACE, BE AUTHORIZED TO INDIRECTLY PROVIDE HIGHSPEED INTERNET (ADVANCED SERVICES), TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, THROUGH COMPETITIVE AND NON-EXCLUSIVE PARTNERSHIPS WITH PRIVATE BUSINESSES, AS EXPRESSLY PERMITTED BY ARTICLE 29, TITLE 27 OF THE COLORADO REVISED STATUTES? 76%-24% FALL 2011 LONGMONT BALLOT QUESTION 2A: WITHOUT INCREASING TAXES, SHALL THE CITIZENS OF THE CITY OF LONGMONT, COLORADO, RE-ESTABLISH THEIR CITY'S RIGHT TO PROVIDE ALLSERVICES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS "ADVANCES SERVICES," "TELECOMMUNICATIONS SERVICES" AND "CABLE TELEVISION SERVICES," INCLUDING ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICES BASED ON FUTURE TECHNOLOGIES, UTILIZING COMMUNITY OWNED INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO THE EXISTING FIBER OPTIC NETWORK, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, TO PROTENTIAL SUBSCRIBERS THAT MAY INCLUDE TELECOMMUNICATIONS SERVICE PROVIDERS, RESIDENTIAL OR COMMERCIAL USERS WITHIN THE CITY AND THE SERVICE AREA OF THE CITY'S ELECTIC UTILITY ENTERPRISE? Y/N PASS: YES 60.82% (13238), NO 39.18% (8529) FALL 2009 LONGMONT BALLOT ISSUE 2C-- AUTHORIZATION TO ALLOW THE CITY TO PROVIDE TELECOMMUNICATIONS SERVICES, ADVANCED SERVICES AND CABLE TELEVISION SERVICES TO RESIDENTIAL AND COMMERCIAL USERS WITHIN THE SERVICE AREA OF THE CITY'S ELECTRIC UTILITY ENTERPRISE FAIL, YES 44%, NO 56% ATTACHMENT D: CML-CCI MATERIALS Local Governments Repealing Prohibition on Public Investment in Broadband City Opted Out County Opted Out Map Revision: May 20, 2017 Map by Trent Pingenot ATTACHMENT D: CML-CCI MATERIALS 10 Tips for Getting Your Question on the Ballot and Passing It Passing a local ballot question on SB 152 takes planning and coordination. If done properly, it is an effective way to educate the public and build widespread support and buy-in for future broadband deployment efforts.  Start early, and find a champion in your local government agency or community. It could be an elected official, economic development director, or IT professional on staff. Get them to be the advocate for the issue and rely on them to sell the need for the change to others.  Hold work sessions with the elected officials who will ultimately refer the question to the ballot. Make sure they understand the issues, the benefits to the community and the opposition that may be voiced by incumbent and/or local commercial service providers. Attempt to identify potential opposition early on in the process.  Make sure you are coordinating with your municipal/county attorney and municipal clerk/county clerk and recorder on the timing of ballot preparation and any associated deadlines for submittal of ballot questions for inclusion on the ballot.  Get the message to the voters. SB 152 is a complicated and often confusing piece of legislation and it will take time to decode its intricacies for the voting public. Keep in mind that there will be only a limited amount of time for the local government agency to tell its story to their voters before the election.  Consider forming a citizen and/or business coalition group to carry out grass roots messaging and education about the ballot measure and the need to remove the restrictions in SB 152. This group becomes very important once the ballot issue is placed on the ballot since government resources cannot be used to promote ballot questions. Fair Campaign Practices Act (Section 1-45-117, C.R.S.)  Marketing/Promotional Materials & Outreach - Develop core messaging that is succinct and effective (example: “Take Back Our Local Choice”) - Create a website to direct voters to for more information and educational materials - Allow citizens to sign up for e-mails that provide updates on the broadband efforts - Place op-ed articles in local publications (see samples below) - Compile a list of events and meetings where elected officials can meet voters and educate them on the ballot measure.  Don’t “overpromise” on what an SB 152 opt-out question will do for your community. Opting out of the local government prohibition on providing indirect or direct service is only the first step to improving broadband service in your community. ATTACHMENT D: CML-CCI MATERIALS Voters residing in the Dolores County will be asked Measure 1A: Without increasing taxes, shall Dolores County, Colorado be legally authorized to provide any or all services and facilities currently restricted by Title 29, article 27 of the Colorado Revised Statutes, described as “advanced services”, “telecommunications services”, and “cable television services”, as defined by the statute, including, but not limited to any new and improved broadband services and high-speed internet services and facilities, based on current or future technologies, and utilizing existing or future county owned or leased infrastructure, including county wireless connections in county facilities and fiber optic connections and networks, either directly or indirectly, with or without public or private partners, to potential subscribers, which may include telecommunications service providers, and residential and commercial users within Dolores County?” Voters in many Colorado towns, cities, and counties have exempted themselves from SB 152, passing measures that affirm their local choice to decide how broadband services develop in these communities. Exemptions have been approved in: This information about SB 152 has been paid for by Southwest Colorado Council of Governments. It is not intended to urge a vote for or against this item. Fiber-optic broadband cable can run underground or in the air on existing poles. Pulses of light allow very reliable connections and can quickly carry large amounts of data over long distances. Fiber- optic cable is a dedicated internet connection and is not shared with cable services. Fiber-optic network speeds are typically 100 megabits to 10 gigabits per second, compared to 20 to 100 megabits per second for a typical cable internet connection, or 3 megabits per second or less for traditional copper phone service. If voters approve this ballot item, Dolores County would be exempted from a state law that otherwise purports to limit local governments from improving broadband capabilities. With this exemption, the county would be permitted to establish business partnerships with private companies to increase access to high-speed broadband internet, opt to provide this service itself, or develop a combined strategy to benefit residents and business users. Yes, Dolores County owns 5.5 miles of fiber. This ballot item would not prevent any private business, including existing broadband providers, from initiating or continuing to provide these services. Dolores County has no plans to create a public broadband utility. Passage of this measure would allow the county to explore a variety of options to make assets available to serve the broadband needs of residents, students and businesses.  Archuleta County  Bayfield  Durango  Ignacio  La Plata County  Silverton  San Juan County  Telluride  Mancos ATTACHMENT D: CML-CCI MATERIALS Better Access to high speed broadband services for residents and businesses alike. Intensified Innovation by local businesses and entrepreneurs. Affordable Internet Access, as Dolores partners with internet service providers and key institutions to more efficiently expand internet service. A Cleaner Environment, as high speed internet reduced commuting needs and promotes high tech green jobs. How Can I Vote? Ballot drop-off is located at: Dolores County Building 409 N. Main St. Dove Creek, CO 81324 Voters may mail ballots to: Dolores County Clerk 409 N. Main St. Dolores, CO 81324 Ballots must be received by Election Day— Tuesday, November 8, 7:00 pm. A voter-approved exemption from SB 152 would restore local independence and ability to evaluate all possibilities for next-generation broadband services in Dolores County. An exemption supports local choice and options, allowing citizens to make the best decisions based on the needs of our own community, without raising taxes. A More Connected Community, with new avenues for public engagement in local decision-making and new opportunities for connected social spaces and creative networking. Improved Quality of Life, as local residents have better access to information in work and at home, allowing more free time to enjoy all that the surrounding area has to offer. Tell me more about Colorado Senate Bill 152... Colorado Senate Bill 05-152 (SB 152) is a measure passed by the Colorado Legislature in 2005. Its intent was to limit governments from competing with the private sector. Among other provisions, it requires local governments to secure voter approval before entering into the broadband partnerships or business. Without such approval, the law limits the ability of Colorado local governments to provide a wide spectrum of services, including: free Internet service in city libraries, parks and community centers; leveraging government infrastructure and partnering with private businesses to provide affordable and high-speed Internet service throughout the entire community; direct provision of broadband services by municipal governments where needed. ATTACHMENT D: CML-CCI MATERIALS 11 Sample Local Elected Official Op-Ed Pieces on SB 152 Ballot Questions Gaiter: Broadband No Longer a Luxury From luxury to necessity. It’s hard to not think of using the internet to do the everyday things we do: shopping, reading the news, paying bills, watching TV or emailing a friend. With the explosion in the use of the internet, and the things it’s allowed us to do, the need for higher speed has also become more necessary than ever. High-speed internet services (broadband) are not the “luxury” they were as recently as a decade ago; today they’re as common as electricity. If you live in a highly-urbanized area, you might have some broadband services, although many lament these services are not sufficient. If you’re in a rural area, these services might not exist at all. Over the last several years, I’ve worked with internet providers and residents to explore what can be done to improve services to make internet service more dependable, faster and consistent for Larimer County residents. However, in 2005 the Colorado Senate passed a law — Colorado Senate Bill 152 — which limits what local governments may do to improve services. Under this law, Larimer County can’t let local providers use county-owned infrastructure that might be in place to enhance internet speed and service. Fortunately, the law does allow citizens of local communities to vote to exempt themselves from the constraints of this legislation. We’ve watched the Colorado communities of Wellington, Estes Park, Loveland and Fort Collins ask voters to have their communities exempted from SB 152. After those communities exempted themselves from this law, their gaps in internet services are now being addressed. However, there is still a large service gap outside of and between those communities. We’ve had excellent conversations with the aforementioned communities on how Larimer County can help with their efforts and fill in those gaps. We hope Larimer County citizens will give us permission to move forward on those efforts. This November, Larimer County will have an item on the ballot to ask citizens for permission to become exempt from SB 152 and join our local municipalities and internet providers in improving these services. If passed, we want to begin a study to understand the best way to provide these services. We would also seek to partner with the private sector, while looking for grants to help provide these service improvements. ATTACHMENT D: CML-CCI MATERIALS 12 These are the first steps to provide high-speed internet service county-wide, although it might be several years to fruition. The ballot language for this item asks voters to allow Larimer County to provide high-speed internet, television and telecommunication services. The wording is a function of the way the initial law was passed. However, it’s Larimer County’s goal to work with our partners to provide those services and for Larimer County to perhaps provide some infrastructure to provide those services. Many of you are most likely reading this column online, so you already know how important internet services are. We are asking for the support of all Larimer County residents — both in and out of city limits — in restoring the ability to provide high-speed broadband to all county residents. Lew Gaiter is the Larimer County commissioner representing District 1. Estes Park Board of Trustees Unanimously Request a Special Election Regarding Provision of Broadband Services On Tuesday, 11-Nov, the Estes Park Board of Trustees unanimously requested a special election regarding provision of broadband internet services. The request for a special election originated with a resolution adopted by the Estes Park Economic Development Corporation (EDC) last August. The resolution urged the Town of Estes Park to hold an election asking voters whether, without raising taxes, the Town’s right should be re-established, to directly or indirectly provide telecommunications services like broadband internet. The resolution resulted from an extensive investigation by the Competitive Broadband Committee of the Estes Park EDC into how to achieve a key goal in the Town’s 2014 Strategic Plan: “to encourage optimal use of the Platte River Power Authority and Town’s fiber infrastructure.” Why is this important? To have a strong economy, Estes Park must have access to competitive broadband service. This is true because of how important the internet has become in our economic and social lives. The availability of competitive broadband already determines where businesses locate, where travelers visit, and where people choose to live. The economic and social importance of access to competitive broadband will only increase over time. “Competitive broadband” means the level of internet service that is currently available in large US cities in terms of speed, cost, and reliability. Competitive broadband in the Estes area would help keep our schools, businesses, and homes competitive in our region and nationally. Colorado Senate Bill 152 took away our local government’s right to decide the best way for the Town to help provide competitive broadband service. Senate Bill 152 blocks local government’s involvement in directly or indirectly providing broadband service. Senate Bill -152 applies to Estes Park because, with the Platte River Power Authority, the Town already indirectly provides ATTACHMENT D: CML-CCI MATERIALS 13 broadband service through its involvement in the fiber optic infrastructure used for local broadband service. Given Senate Bill 152, an election is the only way to restore local authority and free local governments from the bills’ restrictions. So, to achieve the Town’s goal of “optimal use of the Platte River Power Authority and Town’s fiber infrastructure,” we must have an election to take back our Town’s right to decide the best way to help provide competitive broadband. There have been many different and successful approaches to local government involvement in providing competitive broadband services, and many are indirect like Estes Park’s involvement currently. One purpose of the recent U.S. Department of Commerce, Economic Development Administration $300,000 grant award to the Town of Estes Park and Estes Park EDC is to develop options for a state of the art, Valley-wide, broadband service that will allow our businesses, citizens, and guests to participate in and compete in the global marketplace. Recently, there has been widespread Colorado involvement with the issues of broadband, the economic development impact of broadband, and Senate Bill-152. Estes Park is not alone in dealing with these issues. Earlier, Longmont, Centennial, and Montrose voters resoundingly approved taking back the right of local government to decide on broadband issues. In last Tuesday’s election, 5 municipalities, Boulder, Cherry Hills Village, Red Cliff, Yuma and Wray, and 3 counties: Rio Blanco, San Miguel, and Yuma voted overwhelmingly, with 70 to 80 percent voter approval, to take back the right taken away by Senate Bill 152. In summary, Estes Park must have access to competitive broadband to remain economically competitive. Senate Bill 152 took away the Town’s right to directly or indirectly provide broadband service. The proposed election is the only way to take back the right that Senate Bill 152 took away so that the Town can pursue optimal use of its fiber optic infrastructure, and so that we have access to state of the art, Valley-wide, competitive broadband service. ATTACHMENT D: CML-CCI MATERIALS 14 Six Broadband Questions Every Local Government Official Should Be Asking 1)What is the current average download/upload capacity in our community? The State of Colorado maintains a map showing advertised download/upload speeds around the state. The map is a useful tool, allowing the user to isolate his/her search by jurisdiction if needed. However, much of the data in the map is based on vendor reporting and may or may not be completely accurate. You can access the map at http://maps.co.gov/coloradobroadband/. This website also features an online Internet speed test with which you can test and verify the upload/download speed of the Internet connections in your county. Understanding the speed of a connection is only a part of the equation, though. It is also critically important to understand what technologies are providing that bandwidth and speed. In other words, you need to understand the underlying physical transport – is it wireless, fiber optic, copper or coaxial? If it is wireless, is it terrestrial or satellite? While the latter may have great coverage, there are simple physical characteristics that render certain technologies unsuitable for real time voice, data or telepresence. Each type of system has its strengths and weaknesses; each needs to be assessed in light of local needs, capabilities, and constraints. 2)What are the key institutions in the community and what are their service needs? It is important to identify key institutions (schools, colleges, hospitals, libraries, local governments, etc.) and determine both their existing broadband capabilities and service needs going forward. As you assess how to proceed, can you create successful public-private partnerships with local providers who have proven to be reliable community partners? Or are you in a situation where the local providers need to be encouraged to more aggressively deploy the latest technologies? 3)Who are the key telecommunication providers in the region? And what is the best way to talk to these providers? Most areas of the state have a mixture of local providers as well as larger statewide carriers (CenturyLink, Comcast, TDS, AT&T, Verizon, etc.). Understanding what services these different carriers provide (phone, video, Internet, etc.), their service areas and the costs of coverage is critical not only to gaining an understanding of the broadband potential in your community but to ensuring that your area is adequately and sustainably served. ATTACHMENT D: CML-CCI MATERIALS 15 4)What are the needs of business and industry in your community? Each business owner has a unique set of needs and these will drive varying Internet capacity needs (both upstream and downstream). These might include video conferencing, virtual private networks (VPNs), voice over Internet protocol (VoIP), ability to share schematics (some in 3D), and traditional online needs like credit card and payroll processing. Economic development groups have identified broadband infrastructure and services as an essential component in the Colorado Blueprint. http://www.colorado.gov/cs/Satellite?c=Page&childpagename=OEDIT%2FOEDITLayout&cid=125 1595201237&pagename=OEDITWrapper 5)Is your network “future-proof?” Given the rapidly evolving technical advancements in the high-tech industry, it is difficult to predict what the “next big thing” is going to be. Planning for enhanced future capacity and adaptability is absolutely essential to the long-term success of your local economic development efforts. Most industry experts agree that fiber optic cable will have a life of 30-50 years. None of the experts are predicting that fiber will become obsolete during its useful life. What will be change over its useful life is the electronics that are used to “light” the fiber optic cable. We expect improving technology will increase the amount of data that can be transported across a single fiber with the new technology. These changes can be phased in as the electronics reach their end of life. 6)How can I aggregate demand among key anchor institutions and employers? A key approach for any community is to determine how much demand the anchor institutions and employers currently have. Knowing this information provides the community with leverage when working with providers and potential carriers to get what the community needs. It also allows a community to “speak with one voice” when confronting the complexities of broadband deployment and establish a better understanding of the economics of the telecommunications environment. Reprinted from CCI’s “What Every Commissioner Needs to Know About Broadband” (2011) ATTACHMENT D: CML-CCI MATERIALS 16 Additional Resources Colorado Department of Regulatory Agencies – Broadband Fund https://www.colorado.gov/dora-broadband-fund Rio Blanco County: Plan Your Own Project – A Broadband Blueprint http://www.rbc.us/401/Plan-Your-Project-Blueprint Colorado Department of Local Affairs – Broadband Program https://www.colorado.gov/pacific/dola/broadband-program Colorado Broadband Portal http://broadband.co.gov/ Colorado Broadband Data and Development Program http://www.oit.state.co.us/broadband Northwest Colorado Council of Governments Memorandum on Opting Out of SB 152 http://nwccog.org/wp-content/uploads/2017/03/SB-152-Opt-Out-MEMO-April-2017-NWCCOG- 1.pdf National Association of Counties Podcast: Innovations in Rural Broadband Delivery http://www.naco.org/resources/innovations-rural-broadband-delivery Access and Inclusion in the Digital Age: A Resource Guide for Local Governments http://nationalresourcenetwork.org/en/Document/306284/Access_and_Inclusion_in_the_Digital_Ag e_A_Resource_Guide_for_Local_Governments ATTACHMENT D: CML-CCI MATERIALS 17 Glossary Backhaul: The portion of a broadband network in which the local access or end user point is linked to the main Internet network. Bandwidth: bandwidth refers to how fast data flows through the path that it travels to your computer; it’s usually measured in kilobits, megabits or gigabits per second. Broadband: broadband comes from the words “broad bandwidth” and is used to describe a defined high- speed connection to the Internet. A broadband connection lets you instantly connect to the Internet or your corporate network at speeds many times faster than a dial-up connection. Cable modem: refers to the type of broadband connection that brings information to homes and businesses over ordinary television cable lines. Dark fiber: optical fiber that is not lit or not activated for use. DSL: stands for digital subscriber line; it refers to the type of broadband connection that brings information to homes and businesses over ordinary copper telephone lines. Downstream speed: refers to the speed at which data flows from the information server to your computer. ISP: Internet Service Provider. A company that offers customers access to the Internet. Last mile: refers to the connectivity to the home, business, or to a “node” where additional Internet connectivity can occur. Kbps: Stands for Kilobits per second, or thousands of bits per second. For example, most analog modems transmit at 56 Kbps or 28.8 Kbps. Mbps: Stands for Megabits per second, or millions of bits per second. This is a measurement of how much data can be transmitted through a connection. For example, 6.0 Mbps is 200 times faster than a 28.8 Kbps analog modem. Middle mile: any carrier-to-carrier wholesale communications infrastructure with a single point of demarcation that does not connect directly to end users or to end-user facilities and that may include interoffice transport, backhaul, Internet connectivity, or special access. Middle mile infrastructure can range from a few miles to a few hundred miles. They are often constructed of fiber optic lines, but microwave and satellite links can be used as well. Satellite: refers to the type of broadband connection where information is sent from and arrives at a computer through satellite dishes ATTACHMENT D: CML-CCI MATERIALS 18 Upstream speed: refers to the speed at which data flows from your computer to the information server Wireless: refers to the type of broadband connection where information is sent from and arrives at a computer through transmission towers (Source: Broadband 101: The Unofficial Dictionary, produced by Nevada County, California) ATTACHMENT D: CML-CCI MATERIALS BROADBAND: THE VOTERS HAVE SPOKEN, WHAT’S NEXT? The nation is experiencing a major evolution in communications that is pulling in municipal government as a key player. High-speed Internet connectivity is transforming from a rarity into a necessity. The demand for high-speed connections from businesses and residents is driven by the large amounts of data transfer needed to support Internet video, business transactions, health care facilities, schools, and online gaming. And we want it everywhere we go. We want it on our PCs, laptops, and phones. Are we seeing broadband Internet emerge as the new public utility? Are we experiencing the same public demand seen a century ago for universal telephone service, resulting in government action? The answers to these questions are beginning to unfold in Colorado and across the country. Broadband infrastructure is expensive to build and often the returns are not there to create a business model that will “pencil out” for a private provider. Yet, in 2005, the Colorado legislature passed a law excluding local government from entering the broadband market. SB 05-152 does provide an escape hatch for municipal residents: They can vote to exempt their municipal or county government from that restriction. To date, voters in 65 cities and towns have done just that — a list expected to continue to grow in the future. A just released 2017 study from the National League of Cities finds that municipalities establish broadband networks for a wide range of reasons, including “increased residential property values, increased commercial business activity, and to spur viable employment options in isolated communities. Broadband opens doors to education, healthcare, recreation and business growth.” Closer to home, Fort Collins Deputy City Manager Jeff Mihelich notes that universal broadband service provides a community with an economic advantage in attracting and retaining talent and providing for merchant services and cloud based businesses. As it formulates a broadband service plan, the City of Fort Collins is pursuing four objectives: network buildout reaching all residents, timely implementation, competitive market pricing, and outstanding customer service. Voters’ voices have been loud and clear in elections allowing municipal government in Colorado to provide broadband service. All 65 cities and towns that have asked have been given permission. The vote is in. Municipal government gets the green light. What happens next? This Knowledge Now provides examples from four Colorado municipalities with four different approaches to next steps after the vote. The Knowledge Now series features practical research on timely topics from the Colorado Municipal League. KNOWLEDGE NOW 1 Broadband, March 2017 Local Governments Repealing Prohibition on Public Investment in Broadband City Opted Out County Opted Out Map Revision: November 9, 2016 Map by Trent Pingenot The Voice of Colorado’s Cities and Towns THE INFORMATION YOU NEED TO SERVE YOUR MUNICIPALITY AND RESIDENTS KNOWLEDGE now ATTACHMENT D: CML-CCI MATERIALS 2 COLORADO MUNICIPAL LEAGUE IMPLEMENTING A FIBER MASTER PLAN By Eric Eddy, Centennial assistant to the city manager In November 2013, 76 percent of Centennial residents voted in favor of ballot question #2G, repealing certain parts of the SB 05-152 restrictions placed on all local governments in Colorado. The passing of this ballot question allows the City to indirectly provide services through competitive and nonexclusive partnerships with private businesses. Since that time, the City of Centennial has worked to implement its Fiber Master Plan, culminating in the installation of a City-wide, carrier-grade, competitively- neutral, dark fiber backbone. Centennial’s efforts began by cataloguing the existing City-owned fiber through an asset inventor . Simultaneously, the City examined potential partnership opportunities to benefit stakeholders through a series of meetings with community anchor institutions, such as fire districts, law enforcement, schools, and libraries. In addition, meetings took place with incumbent providers, private businesses, and residents. The information gathered was presented to city council as an analysis of options. Ultimately, this led to council direction to develop a Fiber Master Plan, which would guide the implementation and next steps of the installing the fiber backbone. A consultant firm was hired to conduct a strategic planning and feasibility study, focusing on the data gathered in the opportunity analysis resulting in the development of the Centennial Fiber Master Plan. Additional public outreach was conducted with anchor institutions and private businesses to discuss next steps of the plan execution. Council considered a range of alternatives, from doing nothing to implementing City-owned fiber-to-the-home. Ultimately, the council-adopted Fiber Master Plan identified the City s goal as developing a City-wide dark fiber backbone to enable competition throughout Centennial. In late 2016, the City began construction of its dark fiber backbone, with the first phase connecting the City’s Public Works Yard with the City offices. Additional construction will be ongoing throughout 2017 and into 2018. This dark fiber will be available to the private sector and others on a competitively-neutral basis, eventually enabling competition and ensuring the City maintains control over its destiny into the future. There is no one-size-fits-all framework for Colorado municipalities when it comes to fiber and related e forts. Each municipality should consider its strengths and weaknesses and develop a defined strategy and policy to address community goals. OUR GOAL IS BECOMING A GIGABIT COMMUNITY By Glen Black, Delta community development director For several years, the City of Delta has been looking for ways to bring affordable high-speed broadband to the area. Affordable broadband was identified as the key economic development factor for Region 10 communities during a USDA Stronger Economies Together training process and report. That report just confirmed what we already knew from the many requests for better Internet service from local businesses and residents. Inadequate broadband has retarded business growth. Economic development efforts have been hampered by a lack of high-speed broadband according to several potential businesses that would not consider locating in Delta after determining lack of broadband. If there was any doubt about public demand, it was laid to rest by the results of Delta’s SB 05-152 exemption election that passed with a 71 percent “yes” vote. Citizens told the City to get involved in bringing better service to the community. One of the first steps the City took was working with Eagle-Net Alliance to try and bring fiber to Delta. Eagle-Net is an intergovernmental entity operating under a federal grant to provide broadband connections for schools, libraries, and government facilities. Unfortunately it was unable to complete its Delta project. Delta then took the bull by the horns in forming a cooperative effort through the state’s Region 10 partners, including Delta County, City of Montrose, and the Delta Montrose Electric Association (DMEA) in phase one of a regional approach with sights set on Delta becoming a gigabit community. The Region 10 partnership is building the middle-mile backbone that will spread broadband availability throughout Delta via both underground and aerial infrastructure. Work has been progressing rapidly, the infrastructure for phase one is expected to be completed by mid-year. Funding such an ambitious project requires millions of dollars and has only been possible through major grants from the Colorado Department of Local Affairs and the Economic Development Administration, along with significant contributions from DMEA, Region 10, the El Pomar Foundation, and participating local governments. Once the backbone is up and running, the final step is the last-mile connections to hook up businesses and residences. DMEA has created a for-profit company (Elevate Fiber), which is an ISP provider for fiber connections from the middle mile to the end user. This cooperative construction of broadband infrastructure has stimulated renewed interest from private Internet service providers looking to provide last mile connections. What a great result this will be for consumers — high speed broadband in a competitive environment. ATTACHMENT D: CML-CCI MATERIALS KNOWLEDGE NOW 3 TURNING ON THE NextLightTM By Scott Rochat, Longmont Power & Communications public relations and marketing specialist Longmont’s community-owned fiber optic network, NextLight, is due to complete network construction this year, achieving a vision that has been more than 20 years in the making for Longmont Power & Communications. It began in 1996 with a proposed upgrade to the electric substation communications connections. In a white paper to city council, Longmont Power & Communications (LPC) noted that fiber-optics could o fer the speed and reliability needed — and that with additional fibers, the resulting loop could be the core of a citywide broadband network. The 17-mile loop was built in 1997. But creating a network to provide services took longer. LPC first looked for a private partner, reaching an agreement with Adesta Communications in 2000. But in 2001, Adesta filed for bankruptcy, starting the process over. In 2005, Senate Bill 152 barred local governments from involvement in telecommunications with limited exceptions. A community could vote to exempt itself, and Longmont ultimately did so in 2011, emphasizing that the measure would re-establish a local right that had been taken away and that no tax dollars would be used to build the network. That year, opponents spent nearly $420,000, but the measure passed with about 60 percent in favor. By 2013, a business plan was ready and another vote approved up to $45.3 million in bonds for the build. The initial timeline called for a six-phase build out, with construction starting August 2014. By October, the NextLight name was unveiled, reflecting Longmont s history of providing electric power for itself since 1912. Now, light through fiber would be the “next light.” This time, no private partner took part. When the first service areas opened in November 2014, signup requests quickly overwhelmed the call center and the installation schedules. By spring, a new schedule accelerated construction to answer the demand. One significant driver has been the Charter Member rate, which offers a $49.95-per-month symmetrical gigabit connection to residential users who sign up quickly. With that incentive, average take rates are consistently above 50 percent in areas that have been through the Charter Member process. Some of the key lessons learned have included: • Be open to changing design and procedures during construction. There will always be new factors and technologies to consider. • Start early in securing access agreements with multi-dwelling units and similar managed properties. • All municipal personnel are potential marketers. Make them excited about this! • Carefully assess the impacts on those outside the utility, including permitting agencies and locating firms. • Building a brand new utility encompasses myriad details. For Longment, that included new billing software, significant time on website updates and social media, space for a call center and other added employees, new policies and SOPs for details such as online piracy, and specialized tax and federal filing requirements. Even after the initial build out, the network will grow with Longmont, providing a powerful tool for homes and businesses alike. Even with so much accomplished, NextLight’s story has only just begun. ATTACHMENT D: CML-CCI MATERIALS Steamboat Springs’ efforts to improve Internet broadband service began before city council sent a SB 152 exemption ballot question to voters in 2015. Frustration with Internet speeds had been mounting among residents and the business community as existing networks had been tapped out. This was of special concern as commerce in today’s economy and future business development are dependent on reliable, high-speed Internet connections. Steamboat’s many visitors have also have come to expect the availability of high-speed Internet service. Citing the need for faster broadband, the City joined forces with the Steamboat Springs School District, the Yampa Valley Medical Center, and Yampa Valley Electric Association to form the Northwest Colorado Broadband Consortium. The voters approved the SB 152 exemption giving the City the green light to improve broadband service. The consortium set to work to better serve local government needs and bring superior bandwidth to the entire community by providing the backbone for the local system. A Wyoming company brought in the initial fiber pipeline from Denve , and efforts continue to create redundancy to the initial pipeline. The consortium is the middle-mile provider and is laying fiber optic underground and stringing wire overhead throughout the city, with 60 percent completion on the main trunk line and lateral lines. The multimillion dollar project has been financed through a combination of private funds, local government dollars, and a Colorado Department of Local Affairs grant. Project completion is expected sometime next year. The plan always has been for the City to be the middle mile and hand-off to private businesses for the actual hook-ups for end users. The public backbone network is open to all private Internet providers to tap into and provide consumer service connections. As the system is being built out, the results are dramatic — better service for lower cost. Businesses and residents will see a many-fold increase in Internet speeds available. The system provides municipal government with enough bandwidth to satisfy not only its internal demands, but to meet the needs of the city’s many visitors by offering free WiFi at several hotspots located throughout the city from which anyone can access the Internet from their phones or laptops. Through this community cooperative venture residents, businesses, and local governments will all come out ahead. MEETING TODAY’S BROADBAND EXPECTATIONS By Vince O’Connor, Steamboat Springs information services manager The Colorado Department of Local Affairs (DOLA) broadband initiative began as a result of growing demand from rural Colorado to plan for and resolve community broadband service needs. DOLA recognizes that provision of high-speed broadband services can play a critical role in enhancing local government operations and community development efforts. In 2015, DOLA kicked off its $20 million initiative within the Energy and Mineral Impact Assistance Fund (EIAF) to improve broadband in rural Colorado by working with communities and state partners. While the dollars are no longer set aside for just broadband grants, local governments still can apply for funds through primary EIAF grant program. Funding is offered for regional broadband plans, sub-plans for counties and municipalities, and middle-mile infrastructure projects. • Applications for planning grants may be submitted at any time. Such applications shall be reviewed by the EIAF Advisory Committee and approved administratively. • Applications for infrastructure (middle-mile) projects are made through the regular cycles of the Energy Mineral Impact Program, with three application deadlines per year. • Applications for both planning and infrastructure are subject to review and comment by the Office of Information Technology, Office of Economic Development and International Trade, and the relevant Council of Governments. The most successful grant applications are those that are developed and coordinated prior to submittal in consultation with local government’s respective regional manager. The scope of a successful application will define a regional or countywide municipal area that examines current assets, gaps in services, applicable matching funds to the grant, and a demonstrable effort to cooperate with private-sector partners on the implementation. All middle-mile grant funded projects must be included in a regional or sub-plan prior to funding. This program does not fund last mile infrastructure. Contact your DOLA regional manager for more information at dola.colorado. gov/regmanagers. STATE PLAYING A BIG ROLE SUPPORTING BROADBAND By Rachel Harlow-Schalk, Colorado Department of Local Affairs Division of Local Government deputy director 4 COLORADO MUNICIPAL LEAGUE ATTACHMENT D: CML-CCI MATERIALS Rio Blanco County Stays Relevant with Broadband By Masha Zager / Broadband Communities Colorado became a hotbed of community broadband activity several years ago when dozens of cities and counties began voting to override restrictive state legislation and take control of their broadband destinies. In November 2016 alone, 26 localities held broadband referenda; all 26 referenda passed, most of them by wide margins. Rio Blanco County, a rural county in northwestern Colorado with a population of less than 7,000, held an override vote in 2014 and is now connecting customers to Rio Blanco Broadband, a network that will deliver fiber or wireless broadband access to nearly all premises. However, its story began much earlier, in 1999, when the school district in Meeker, the county seat, linked its buildings with fiber. Once the school network was up and running, the town of Meeker, the local library and the county hospital all requested to use the school district’s dark fiber – and the Meeker Metropolitan Area Network (Meeker MAN) was born. “It ran for a decade and a half, and we had an abnormal amount of IT cooperation,” says Blake Mobley, who was the IT director of the school district during that period. In 2014, when the county decided to implement a modern broadband system, it recruited Mobley to be the county IT director because of his experience with the Meeker MAN. “It was the perfect storm,” Mobley says. “There was grassroots desire for broadband, the county commissioners were on board, the county had money to proceed and I had some experience with broadband.” The county set a goal of obtaining the fastest internet access it could for as many people as it could and offering it at Google-type pricing ($70 for gigabit service). Formulating the policy goal in this way – rather than setting goals in terms of economic development or return on investment – was the first unique aspect of the project. Mobley explains, “One way a project can fail is if you set a publicly stated goal, such as return on investment, the number of years it takes to get your money back or a specific take rate. As soon as you make a public statement like that, you can be held up as an example of failure. So we chose a different approach: Our goal was to build a modern infrastructure so the community would have an option. … We had to look at this as a purchase, not an investment.” The county’s website explains that broadband isn’t about “getting ahead as a community” as much as “maintaining relevancy as a community.” ATTACHMENT D: CML-CCI MATERIALS Getting Started The county published a broadband plan in June 2014 calling for fiber to the home in the two towns of Meeker and Rangely and wireless broadband (at least in the short term) for the remaining one- third of county residents who live far from any population centers. A referendum in November 2014 gained 82 percent approval, and the county allocated money from its general fund to start the project. The following month, the Colorado Department of Local Affairs (DOLA) set aside money for networks that would connect community anchor institutions, and Rio Blanco County was one of two counties awarded first-round funding. The county originally intended to find a single partner that could build and operate the network and deliver services to residents. This approach might have worked for a larger municipality, but as it turned out, Mobley says, “there wasn’t really a single company that could do all this in a small market.” After some rethinking, Rio Blanco County decided to split up the project and work with several private partners. Constructing the Network First, the county decided to contract directly with several construction partners. In July 2015, it hired Circle H Construction to build fiber to the curb in the towns of Meeker and Rangely. That construction project is nearly finished. The county also entered into an IRU, or long-term lease, for two strands of fiber between Meeker and Rangely, which are about 60 miles apart. The link between the two cities enables them to share a middle-mile connection. In spring 2016, the county contracted with Centerline Solutions to design and engineer the rural wireless network. With help from a second DOLA grant, construction of the wireless network began a few months later with the building of several new towers and the repurposing of several existing county towers. A final construction phase, which will include more than 20 small towers to reach the most remote parts of the county, is still pending approval by the commission and possible state support. “It’s a modular solution,” Mobley says. “We may change the implementation timeline and approach.” The towers will support fixed wireless broadband with a 25 Mbps/5 Mbps top speed offering, using Cambium equipment operating on either unlicensed or lightly licensed frequencies. In addition, the towers are already being used by private carriers to improve cellular reception, and eventually they will be used for emergency communications as well. Another task the county took on was to create data centers in Rangely and Meeker. An empty building in Rangely became the central office and network operations center; the remodeling of the ATTACHMENT D: CML-CCI MATERIALS courthouse in Meeker will make room for a data center in 2017. Calix equipment is being used in the central office and at customer premises. It Takes a Community To build the fiber drops, operate and maintain the network, obtain wholesale internet bandwidth and recruit and manage retail service providers, the county turned to the Colorado Fiber Community (CFC). CFC is a consortium that consists of project manager OHIvey, Blue Tail Consulting and Beehive Broadband, a Utah ISP, along with several (mostly local) design and construction partners. The county wanted to give customers a choice of retail service providers, so CFC approached the two fixed wireless broadband providers in the county, Local Access Internet and Cimarron Telecommunications, and invited them to deliver services on Rio Blanco Broadband. Both jumped at the chance. Says Paul Recanzone of CFC, “We’ll allow as many providers as the market will support, but at the moment, that’s two. … A handful of others in Colorado were interested, but we have indicated to them what the market conditions are, and they will wait.” The retail providers were trained to install optical network terminals (ONTs) at customer premises and are now adding customers in Meeker and Rangely. In part because they already had wireless customers in the two towns and had name recognition, they achieved a 67 percent take rate right out of the gate with little or no marketing. Though the two retail service providers are off to a strong start, CFC is aware that open-access networks are vulnerable to sudden exits of service providers. (For example, the Utah open-access network UTOPIA lost several service providers in its early years.) Keeping that experience in mind, Beehive Broadband, the CFC partner that serves as network operator, is prepared to step in as a backup service provider if necessary to ensure that customers won’t be stranded. CFC’s role as wholesaler of internet services transformed the economics of broadband in the county. Neither of the two retail service providers had the market power to buy backhaul or wholesale services at competitive rates. CFC (through Beehive Broadband) supplies internet backhaul to the retailers at about one-fifth the price the retailers pay as independent WISPs. Because CFC can also acquire other services at reasonable rates, the retailers should soon be able to offer such services as voice, IPTV and home security. Mobley says that CFC may not need to continue supplying wholesale services as the system matures (though it will continue to operate the network). He comments, “It’s definitely our goal to get to ATTACHMENT D: CML-CCI MATERIALS that more common model of open access where the network is the transport layer and the value- added resellers [retailers] can go out and secure their own services.” Sharing the Profits The county’s agreement with CFC is an unusual one based on profit sharing. According to Recanzone, CFC subtracts certain operational costs from the revenue stream each month and then keeps 40 percent of the remainder, remitting the other 60 percent to the county. To make matters more complicated, the county wants to own the drop cables and ONTs – which is important if it ever needs to replace the network operator – but CFC is responsible for incurring the $1,100 per customer cost to purchase and install this infrastructure. So, at present, the county’s revenue share is applied toward repayment of CFC’s installation expenses, which will continue until the repayment is complete. According to Recanzone, CFC did everything possible, and then some, to minimize startup costs, and it reached operational breakeven after only four months, in October 2016. It has already begun applying the county’s share of profits to accruals for the drop infrastructure, and it expects to apply its own share to debt service for the next five years or so. (No one ever said building rural broadband was easy.) Support for Anchor Institutions Because the public anchor institutions in Meeker had a long history of cooperating on the Meeker MAN, Mobley wanted to replicate that spirit of cooperation on the Rio Blanco Broadband network – not just in Meeker but countywide. Rather than run a single strand of fiber to each community anchor institution, Rio Blanco Broadband ran four strands to each and aggregated the fibers in the data center. It also reserved half the data center space for these institutions to use as they chose, rent free. “There was no way they could afford anything like this,” Mobley says, “but our added cost to implement it was a very small percentage of the total cost.” The anchor institutions have a range of options in using these resources. For example, Mobley says, they could create private networks to link multiple facilities, locate core switches in the data centers, share resources (such as firewall equipment) with other institutions or trade space with an institution in the other data center to locate backup equipment. In addition, the anchor institutions will be able to purchase engineering, maintenance or technical expertise from Rio Blanco Broadband. Mobley expects most of the public anchor institutions in the county to take advantage of these opportunities. ATTACHMENT D: CML-CCI MATERIALS Economic Development Even without specific economic development goals for the network, county officials are keenly aware of its potential to attract, retain and support businesses. Fiber was laid several miles beyond the town limits of Meeker and Rangely to connect businesses outside the towns, and Mobley says it could be extended farther if the county can obtain funding to do so (or if profit-sharing remittances from the current network become available). “I see the network as a negotiating tool,” says Katelin Cook, the county economic development director. “If getting fiber to the door will seal the deal, we’ll do everything in our power to do that.” Cook says the county hopes to encourage economic diversification by attracting individuals and small businesses that are location neutral and attracted by Rio Blanco County’s quality of life. Data centers and data backup facilities are also good candidates for recruitment. In partnership with the Chamber of Commerce, Cook is helping companies already located in the county explore how they can use the network to enhance their businesses. Rio Blanco County is already showing up on site selectors’ lists. Cook says that, before even starting a formal marketing program, she has fielded inquiries from about a dozen companies. “For me, that’s exciting,” she says. “We’re now being seen as a viable business option.” ### ATTACHMENT D: CML-CCI MATERIALS ________ Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. SENATE BILL 05-152 BY SENATOR(S) Veiga, and Mitchell; also REPRESENTATIVE(S) Jahn, Crane, Harvey, Kerr, and Sullivan. CONCERNING LOCAL GOVERNMENT COMPETITION IN THE PROVISION OF SPECIFIED COMMUNICATIONS SERVICES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 27 Competition in Utility and Entertainment Services PART 1 COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES 29-27-101. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT IT IS THE POLICY OF THIS STATE TO ENSURE THAT CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, AND HIGH SPEED INTERNET ACCESS, OTHERWISE KNOWN AS ADVANCED SERVICE, ARE EACH PROVIDED WITHIN A CONSISTENT, COMPREHENSIVE, AND NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ATTACHMENT D: CML-CCI MATERIALS PAGE 2-SENATE BILL 05-152 NONDISCRIMINATORY FEDERAL, STATE, AND LOCAL GOVERNMENT FRAMEWORK. (2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT: (a) THERE IS A NEED FOR STATEWIDE UNIFORMITY IN THE REGULATION OF ALL PUBLIC AND PRIVATE ENTITIES THAT PROVIDE CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, AND ADVANCED SERVICE. (b) MUNICIPAL ORDINANCES, RULES, AND OTHER REGULATIONS GOVERNING THE PROVISION OF CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, AND ADVANCED SERVICE BY A LOCAL GOVERNMENT IMPACT PERSONS LIVING OUTSIDE THE MUNICIPALITY. (c) REGULATING THE PROVISION OF CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, AND ADVANCED SERVICE BY A LOCAL GOVERNMENT IS A MATTER OF STATEWIDE CONCERN. 29-27-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "ADVANCED SERVICE" MEANS HIGH-SPEED INTERNET ACCESS CAPABILITY IN EXCESS OF TWO HUNDRED FIFTY-SIX KILOBITS PER SECOND BOTH UPSTREAM AND DOWNSTREAM. (2) "CABLE TELEVISION SERVICE" MEANS THE ONE-WAY TRANSMISSION TO SUBSCRIBERS OF VIDEO PROGRAMMING OR OTHER PROGRAMMING SERVICE, AS WELL AS SUBSCRIBER INTERACTION, IF ANY, THAT IS REQUIRED FOR THE SELECTION OR USE OF THE VIDEO PROGRAMMING OR OTHER PROGRAMMING SERVICE. (3) "LOCAL GOVERNMENT" MEANS ANY CITY, COUNTY, CITY AND COUNTY, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THIS STATE. (4) "PRIVATE PROVIDER" MEANS A PRIVATE ENTITY THAT PROVIDES CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE. (5) "SUBSCRIBER" MEANS A PERSON THAT LAWFULLY RECEIVES ATTACHMENT D: CML-CCI MATERIALS PAGE 3-SENATE BILL 05-152 CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE. A PERSON THAT UTILIZES CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE PROVIDED BY A LOCAL GOVERNMENT FOR LOCAL GOVERNMENTAL OR INTERGOVERNMENTAL PURPOSES AND IS USED BY PERSONS ACCESSING GOVERNMENT SERVICES IS NOT A SUBSCRIBER FOR PURPOSES OF THIS ARTICLE. (6) "TELECOMMUNICATIONS SERVICE" HAS THE SAME MEANING AS SET FORTH IN SECTION 40-15-102 (29), C.R.S. 29-27-103. Limitations on providing cable television, telecommunications, and advanced services. (1) EXCEPT AS PROVIDED IN THIS ARTICLE, A LOCAL GOVERNMENT SHALL NOT: (a) PROVIDE TO ONE OR MORE SUBSCRIBERS CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE; OR (b) PURCHASE, LEASE, CONSTRUCT, MAINTAIN, OR OPERATE ANY FACILITY FOR THE PURPOSE OF PROVIDING CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE TO ONE OR MORE SUBSCRIBERS. (2) FOR PURPOSES OF THIS ARTICLE, A LOCAL GOVERNMENT PROVIDES CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE IF THE LOCAL GOVERNMENT PROVIDES THE CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE TO ONE OR MORE SUBSCRIBERS: (a) DIRECTLY; (b) INDIRECTLY BY MEANS THAT INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING: (I) THROUGH AN AUTHORITY OR INSTRUMENTALITY ACTING ON BEHALF OF THE LOCAL GOVERNMENT OR FOR THE BENEFIT OF THE LOCAL GOVERNMENT BY ITSELF; (II) THROUGH A PARTNERSHIP OR JOINT VENTURE; (III) THROUGH A SALE AND LEASEBACK ARRANGEMENT; ATTACHMENT D: CML-CCI MATERIALS PAGE 4-SENATE BILL 05-152 (c) BY CONTRACT, INCLUDING A CONTRACT WHEREBY THE LOCAL GOVERNMENT LEASES, SELLS CAPACITY IN, OR GRANTS OTHER SIMILAR RIGHTS TO A PRIVATE PROVIDER TO USE LOCAL GOVERNMENTAL FACILITIES DESIGNED OR CONSTRUCTED TO PROVIDE CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE FOR INTERNAL LOCAL GOVERNMENT PURPOSES IN CONNECTION WITH A PRIVATE PROVIDER'S OFFERING OF CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE; OR (d) THROUGH SALE OR PURCHASE OF RESALE OR WHOLESALE CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE FOR THE PURPOSE OF PROVIDING CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE TO ONE OR MORE SUBSCRIBERS. (3) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT THE AUTHORITY OF A LOCAL GOVERNMENT TO LEASE TO A PRIVATE PROVIDER PHYSICAL SPACE IN OR ON ITS PROPERTY FOR THE PLACEMENT OF EQUIPMENT OR FACILITIES THE PRIVATE PROVIDER USES TO PROVIDE CABLE TELEVISION, TELECOMMUNICATIONS, OR ADVANCED SERVICES. PART 2 CONDITIONS FOR PROVIDING SERVICES 29-27-201. Vote - referendum. (1) BEFORE A LOCAL GOVERNMENT MAY ENGAGE OR OFFER TO ENGAGE IN PROVIDING CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE, AN ELECTION SHALL BE CALLED ON WHETHER OR NOT THE LOCAL GOVERNMENT SHALL PROVIDE THE PROPOSED CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE. (2) THE BALLOT AT AN ELECTION CONDUCTED PURSUANT TO THIS SECTION SHALL POSE THE QUESTION AS A SINGLE SUBJECT AND SHALL INCLUDE A DESCRIPTION OF THE NATURE OF THE PROPOSED SERVICE, THE ROLE THAT THE LOCAL GOVERNMENT WILL HAVE IN PROVISION OF THE SERVICE, AND THE INTENDED SUBSCRIBERS OF SUCH SERVICE. THE BALLOT PROPOSITION SHALL NOT TAKE EFFECT UNTIL SUBMITTED TO THE ELECTORS AND APPROVED BY THE MAJORITY OF THOSE VOTING ON THE BALLOT. 29-27-202. Exemption for unserved areas. (1) A LOCAL GOVERNMENT SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS PART 2 ATTACHMENT D: CML-CCI MATERIALS PAGE 5-SENATE BILL 05-152 AND MAY ENGAGE OR OFFER TO ENGAGE IN PROVIDING CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCE SERVICE IF: (a) NO PRIVATE PROVIDER OF CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE PROVIDES THE SERVICE ANYWHERE WITHIN THE BOUNDARIES OF THE LOCAL GOVERNMENT; (b) THE GOVERNING BODY OF THE LOCAL GOVERNMENT HAS SUBMITTED A WRITTEN REQUEST TO PROVIDE THE SERVICE TO ANY INCUMBENT PROVIDER OF CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE WITHIN THE BOUNDARIES OF THE LOCAL GOVERNMENT; AND (c) THE INCUMBENT PROVIDER HAS NOT AGREED WITHIN SIXTY DAYS OF THE RECEIPT OF A REQUEST SUBMITTED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (1) TO PROVIDE THE SERVICE OR, IF THE PROVIDER HAS AGREED, IT HAS NOT COMMENCED PROVIDING THE SERVICE WITHIN FOURTEEN MONTHS OF THE RECEIPT OF THE REQUEST. PART 3 COMPLIANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS 29-27-301. General operating limitations. (1) A LOCAL GOVERNMENT THAT PROVIDES CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE UNDER THIS ARTICLE SHALL COMPLY WITH ALL STATE AND FEDERAL LAWS, RULES, AND REGULATIONS GOVERNING PROVISION OF SUCH SERVICE BY A PRIVATE PROVIDER; EXCEPT THAT NOTHING HEREIN SHALL BE CONSTRUED TO AFFECT THE JURISDICTION OF THE PUBLIC UTILITIES COMMISSION WITH RESPECT TO MUNICIPAL UTILITIES. (2) (a) A LOCAL GOVERNMENT SHALL NOT MAKE OR GRANT ANY UNDUE OR UNREASONABLE PREFERENCE OR ADVANTAGE TO ITSELF OR TO ANY PRIVATE PROVIDER OF CABLE TELEVISION SERVICES, TELECOMMUNICATIONS SERVICES, OR ADVANCED SERVICES. (b) A LOCAL GOVERNMENT SHALL APPLY WITHOUT DISCRIMINATION AS TO ITSELF AND TO ANY PRIVATE PROVIDER THE LOCAL GOVERNMENT'S ORDINANCES, RULES, AND POLICIES, INCLUDING THOSE RELATING TO: ATTACHMENT D: CML-CCI MATERIALS PAGE 6-SENATE BILL 05-152 (I) OBLIGATION TO SERVE; (II) ACCESS TO PUBLIC RIGHTS-OF-WAY; (III) PERMITTING; (IV) PERFORMANCE BONDING WHERE AN ENTITY OTHER THAN THE LOCAL GOVERNMENT IS PERFORMING THE WORK; (V) REPORTING; AND (VI) QUALITY OF SERVICE. 29-27-302. Scope of article. (1) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE ANY LOCAL GOVERNMENT TO: (a) PROVIDE, DIRECTLY OR INDIRECTLY, CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE; OR (b) PURCHASE, LEASE, CONSTRUCT, MAINTAIN, OR OPERATE A FACILITY FOR THE PURPOSE OF PROVIDING, DIRECTLY OR INDIRECTLY, CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE. (2) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO APPLY TO A LOCAL GOVERNMENT PURCHASING, LEASING, CONSTRUCTING, MAINTAINING, OR OPERATING FACILITIES THAT ARE DESIGNED TO PROVIDE CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, OR ADVANCED SERVICE THAT THE LOCAL GOVERNMENT USES FOR INTERNAL OR INTERGOVERNMENTAL PURPOSES. (3) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO APPLY TO THE SALE OR LEASE BY A LOCAL GOVERNMENT TO PRIVATE PROVIDERS OF EXCESS CAPACITY, PROVIDED: (a) SUCH EXCESS CAPACITY IS INSUBSTANTIAL IN RELATION TO THE CAPACITY UTILIZED BY THE LOCAL GOVERNMENT FOR ITS OWN PURPOSES; AND (b) THE OPPORTUNITY TO PURCHASE AND THE OPPORTUNITY TO USE SUCH EXCESS CAPACITY IS MADE AVAILABLE TO ANY PRIVATE PROVIDER IN ATTACHMENT D: CML-CCI MATERIALS PAGE 7-SENATE BILL 05-152 A NONDISCRIMINATORY, NONEXCLUSIVE, AND COMPETITIVELY NEUTRAL MANNER. (4) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT EITHER THE AUTHORITY OF THE STATEWIDE INTERNET PORTAL AUTHORITY CREATED IN SECTION 24-37.7-102, C.R.S., TO CARRY OUT ITS MISSION OR TO INTEGRATE THE ELECTRONIC INFORMATION DELIVERY SYSTEMS OF LOCAL GOVERNMENTS INTO THE STATEWIDE INTERNET PORTAL AS DEFINED IN ARTICLE 37.7 OF TITLE 24, C.R.S. 29-27-303. Enforcement and appeal. (1) BEFORE AN INDIVIDUAL SUBSCRIBER OR A PRIVATE PROVIDER THAT COMPETES WITH A LOCAL GOVERNMENT IN THE GEOGRAPHIC BOUNDARIES OF THE LOCAL GOVERNMENT MAY FILE AN ACTION IN DISTRICT COURT FOR VIOLATION OF THIS ARTICLE, THAT PERSON SHALL FILE A WRITTEN COMPLAINT WITH THE LOCAL GOVERNMENT. THE FAILURE BY THE LOCAL GOVERNMENT TO ISSUE A FINAL DECISION REGARDING THE COMPLAINT WITHIN FORTY-FIVE DAYS SHALL BE TREATED AS AN ADVERSE DECISION FOR PURPOSES OF APPEAL. (2) AN APPEAL OF AN ADVERSE DECISION FROM THE LOCAL GOVERNMENT MAY BE TAKEN TO THE DISTRICT COURT FOR A DE NOVO PROCEEDING. 29-27-304. Applicability. THIS ARTICLE SHALL APPLY TO CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICE, AND ADVANCED SERVICE AND TO THE PURCHASE, LEASE, CONSTRUCTION, MAINTENANCE, OR OPERATION OF ANY FACILITY FOR THE PURPOSE OF PROVIDING SUCH SERVICE, FOR WHICH A LOCAL GOVERNMENT HAS NOT ENTERED INTO AN AGREEMENT OR OTHERWISE TAKEN ANY SUBSTANTIAL ACTION PRIOR TO MARCH 1, 2005, TO PROVIDE SUCH SERVICE OR PURCHASE, LEASE, CONSTRUCT, MAINTAIN, OR OPERATE SUCH FACILITIES. SECTION 2. Safety clause. The general assembly hereby finds, ATTACHMENT D: CML-CCI MATERIALS PAGE 8-SENATE BILL 05-152 determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ____________________________ ____________________________ Joan Fitz-Gerald Andrew Romanoff PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Karen Goldman Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ Bill Owens GOVERNOR OF THE STATE OF COLORADO ATTACHMENT D: CML-CCI MATERIALS ATTACHMENT2 SAMPLE BALLOT QUESTIONS FALL 2016/SPRING 2017 ELECTIONS – ALL QUESTIONS WERE VOTER APPROVED CENTRAL CITY SHALL THE CITY OF CENTRAL, WITHOUT INCREASING TAXES BY THIS MEASURE, AND TO RESTORE LOCAL AUTHORITY THAT WAS DENIED TO LOCAL GOVERNMENTS BY THE COLORADO GENERAL ASSEMBLY AND FOSTER A MORE COMPETITIVE MARKETPLACE, BE AUTHORIZED TO PROVIDE HIGH-SPEED INTERNET, INCLUDING IMPROVED HIGH BANDWIDTH SERVICES BASED ON NEW TECHNOLOGIES, TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NON-PROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, AS EXPRESSLY PERMITTED BY ARTICLE 27, TITLE 29 OF THE COLORADO REVISED STATUTES? COLORADO SPRINGS ISSUE 3: WITHOUT INCREASING TAXES, SHALL THE CITY OF COLORADO SPRINGS HAVE THE AUTHORITY TO PROVIDE OR FACILITATE OR PARTNER OR COORDINATE WITH SERVICE PROVIDERS FOR THE PROVISION OF, "ADVANCED (HIGH-SPEED INTERNET) SERVICE," "CABLE TELEVISION SERVICE," AND "TELECOMMUNICATION SERVICE," EITHER DIRECTLY, INDIRECTLY, OR BY CONTRACT, TO RESIDENTIAL, COMMERCIAL, NONPROFIT, GOVERNMENT OR OTHER SUBSCRIBERS AND TO ACQUIRE, OPERATE AND MAINTAIN ANY FACILITY FOR THE PURPOSE OF PROVIDING SUCH SERVICES, RESTORING LOCAL AUTHORITY AND FLEXIBILITY THAT WAS TAKEN AWAY BY TITLE 29, ARTICLE 27, PART 1 OF THE COLORADO REVISED STATUTES? COLORADO SPRINGS – AS RECOMMENDED BY ATTORNEY ERIC HEIL WITHOUT INCREASING TAXES, SHALL THE CITY OF COLORADO SPRINGS HAVE THE AUTHORITY TO PROVIDE, [OR] FACILITATE, [OR] PARTNER OR COORDINATE WITH SERVICE PROVIDERS FOR THE PROVISION OF, "ADVANCED (HIGH-SPEED INTERNET) SERVICE," "CABLE TELEVISION SERVICE," AND "TELECOMMUNICATION SERVICE," EITHER DIRECTLY, INDIRECTLY, OR BY CONTRACT, TO RESIDENTIAL, COMMERCIAL, NONPROFIT, GOVERNMENT OR OTHER "SUBSCRIBERS" AND TO ACQUIRE, OPERATE AND MAINTAIN ANY FACILITY FOR THE PURPOSE OF PROVIDING SUCH SERVICES, RESTORING LOCAL AUTHORITY AND FLEXIBILITY THAT WAS [TAKEN AWAY] RESTRICTED BY TITLE 29, ARTICLE 27, PART 1 OF THE COLORADO REVISED STATUTES? ARVADA BALLOT QUESTION 2H: SHALL THE CITY OF ARVADA, WITHOUT INCREASING TAXES, AND TO RESTORE LOCAL AUTHORITY THAT WAS DENIED IN 2005 TO ALL LOCAL GOVERNMENTS BY THE COLORADO LEGISLATURE, BE AUTHORIZED TO PROVIDE HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICES), TELECOMMUNICATION SERVICES, AND/OR CABLE TELEVISION SERVICES AS DEFINED BY SECTION 29-27-101-304 OF THE COLORADO REVISED STATUTES INCLUDING BUT NOT LIMITED TO ANY NEW OR IMPROVED HIGH BANDWIDTH SERVICES BASED UPON FUTURE TECHNOLOGIES, EITHER DIRECTLY, AND/OR INDIRECTLY WITH PUBLIC AND/OR PRIVATE SECTOR PARTNERS, TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, WITHOUT LIMITING ITS HOME RULE AUTHORITY? ASPEN Ballot Question 2B: Shall the City of Aspen, without increasing taxes, be authorized to provide, either directly OR INDIRECTLY WITH PUBLIC AND/OR PRIVATE SECTOR PARTNER(S), ALL SERVICES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES DESCRIBED AS HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICE), TELECOMMUNICATION SERVICES, AND/OR CABLE TELEVISION SERVICES, TO FOSTER THE EXPANSION OF SUCH SERVICES, INCLUDING BUT NOT LIMITED TO ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICE(S) BASED ON FUTURE TECHNOLOGIES, TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES WITHOUT LIMITING ITS HOME RULE AUTHORITY? ATTACHMENT D: CML-CCI MATERIALS Local Broadband Service Authorization Ballot Question - November 7, 2017 Introduction Communities across the state recognize the economic necessity of high-capacity internet access (“broadband”) for business development, operations, and efficient public services. The expansion and enhancement of broadband has also become essential community infrastructure that enhances quality of life and enables access to online education and distance learning opportunities. In 2005, the Colorado legislature passed “Senate Bill 152” at the request of private internet providers to restrict the ability of local governments to enhance broadband infrastructure and access unless approved by the local voters. Many Colorado communities have recognized that community-wide enhanced broadband internet access is essential for economic competition and quality of life and have approved local government broadband authorization ballot questions. What is fiber-optic broadband? Fiber-optic broadband cable can run underground or in the air on existing poles. Pulses of light allow very reliable connections and can quickly carry large amounts of data over long distances. Fiber optic cable is a dedicated internet connection and is not shared with cable services. Fiber-optic network speeds are typically 100 megabits to 10 GIGABITS per second, compared to 20 to 100 megabits per second for a typical cable internet connection, or 3 megabits per second or less for traditional copper phone service. What is Colorado Senate Bill 152? Senate Bill 152 was passed by the Colorado Legislature in 2005 to limit local government competition with private sector broadband internet provides. Senate Bill 152 requires local voter approval before a local government may provide enhanced broadband internet access, either directly or through partnerships. Without voter approval, local governments are prevented from conducting the following activities: · Providing free Internet service in public placessuch as libraries, parks, pedestrian malls, busshelters, community centers, and on publictransit; · Selling excess capacity on government ownedfiber optic infrastructure and partnering withinnovative private businesses to provideaffordable and enhanced high-speed Internetservice throughout the entire community; and · Providing direct broadband services bymunicipal governments where needed. Have other communities voted to authorize local government broadband service? Over the past few years, Colorado voters in 68 municipalities and 28 counties have approved exemption from SB 152. Nearly all local government broadband authorization questions have passed by substantial margins. November 7, 2017 BALLOT QUESTION Avon Voters will be presented with a choice on November 7, 2017, to authorize the Town of Avon to provide enhanced broadband service to the Avon community. The Ballot Question is worded as follows: “TOWN OF AVON BROADBAND SERVICE AUTHORIZATION WITHOUT INCREASING TAXES, SHALL THE TOWN OF AVON HAVE THE AUTHORITY TO PROVIDE, FACILITATE, PARTNER OR COORDINATE WITH SERVICE PROVIDERS FOR THE PROVISION OF, "ADVANCED (HIGH-SPEED INTERNET) SERVICE," "CABLE TELEVISION SERVICE," AND "TELECOMMUNICATION SERVICE," EITHER DIRECTLY, INDIRECTLY, OR BY CONTRACT, TO RESIDENTIAL, COMMERCIAL, GOVERNMENT, NONPROFIT OR OTHER “SUBSCRIBERS" AND TO ACQUIRE, OPERATE AND MAINTAIN ANY FACILITY FOR THE PURPOSE OF PROVIDING SUCH SERVICES, AND THEREBY RESTORING LOCAL AUTHORITY AND FLEXIBILITY THAT WAS RESTRICTED BY TITLE 29, ARTICLE 27, PART 1 OF THE COLORADO REVISED STATUTES?” Arguments For: •Free broadband internet service can beexpanded in public places •Broadband internet service will be enhanced •Taxes will not be increased •Improved broadband infrastructure will promoteeconomic development and business viability •Avon may sell excess fiber optic capacity Arguments Against: •Avon may compete with private broadbandinternet providers •Avon may use tax revenues to fund enhancedbroadband service •Avon may realize revenues from the sale ofexcess fiber optic capacity that would otherwisego to private internet service providers ATTACHMENT E: DRAFT FACTUAL STATEMENT  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Meeting Date: July 11, 2017 Re: Host Compliance Services Agreement Action Before Council A services agreement between the Town of Avon and Host Compliance LLC is being presented to Town Council for approval for which Host Compliance agrees to provide short‐term rental compliance monitoring and related services. The agreement is for one‐year for a cost of $51,578. The scope of services includes address identification, compliance monitoring, rental activity monitoring and tax collection support. A detailed list of the services is included on Schedule 1 of the Agreement. The Town Attorney has reviewed and approved the agreement in form. A budget appropriation for the services in included in the Supplemental Budget Amendment being presented for adoption at this meeting. Proposed Motion “I move to approve the Host Compliance Services Agreement dated August 1, 2017 between the town of Avon and Host Compliance Services LLC. Summary At our last meeting, Town Council viewed a presentation from Paul Heatherington with Host Compliance and had an opportunity to ask questions and discuss the program with staff. Town council was generally supportive of the program. Previous to this presentation, Town staff has interviewed the firm and reviewed their processes by which the properties are identified and the system for compliance and enforcement. Staff also received favorable references from both Truckee, California and Manitou Springs, Colorado regarding their product and services. The Town of Avon is not alone in reacting to the short‐term rental boom and our approach to regulation of this activity. The Town of Vail recently engaged DestriMetrics to do a study that found that only 40% of their short‐term rental were currently licensed. In addition to lost tax revenues there are a number other Town enforcement issues that need to be considered with this compliance effort, including life safety, community issues, and fair competition among those businesses providing short‐term lodging services.  Page 2 Staff also demoed a similar software product from Harmari, Inc. Staff found the Host Compliance system more robust, with a greater number of found listings. Host Compliance also has a great deal of recent experience with Colorado skit towns which provides a useful resource for networking with the potential for a local user group to be created. A recent CAST survey indicated several other mountain communities using Host Compliance services or in the process of contracting with them including Durango, Estes Park, Jackson, Beaver Creek Resort Company, Pagosa Springs, Winter Park and Grand Lake. Attachments: 1. Host Compliance Services Agreement HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - P www.hostcompliance.com 1 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 Host Compliance Services Agreement THIS SERVICES AGREEMENT (the "Agreement") is entered into as of August 1, 2017 (the "Effective Date"), between Host Compliance LLC, ("Host Compliance") and Town of Avon, a Colorado home rule municipality (the "Customer"). This Agreement sets forth the terms and conditions under which Host Compliance agrees to license to Customer certain hosted software and provide all other services necessary for Customer's productive use of such software (the "Services") as further described in the attached Schedule 1. 1.0 Services. 1.1 Subscriptions. Unless otherwise provided in the attached Schedule 1, (a) Services are purchased as subscriptions, (b) additional service subscriptions may be added during a subscription term, with the pricing for such additional services, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscription. 1.2 Provision of Services. Customer may access and use the Services and any other Services that may be ordered by the Customer from time to time pursuant to a valid subscription in accordance with the terms of this Agreement. 1.3 Facilities and Data Processing. Host Compliance will use, at a minimum, industry standard technical and organizational security measures to store data provided by Customer, or obtained by Customer through the use of the Services ("Customer Data"). These measures are designed to protect the integrity of Customer Data and guard against unauthorized or unlawful access. 1.4 Modifications to the Services. Host Compliance may update the Services from time to time. If Host Compliance updates the Services in a manner that materially improves functionality, Host Compliance will inform the Customer. 2.0 Customer Obligations. 2.1 Customer Administration of the Services. Host Compliance' responsibilities do not extend to internal management or administration of the Services. Customer is responsible for: (i) maintaining the confidentiality of passwords and accounts; (ii) managing access to Administrator accounts; and (iii) ensuring that Administrators' use of the Services complies with this Agreement. 2.2 Compliance. Customer is responsible for use of the Services and will comply with laws and regulations applicable to customer's use of the Services, if any. 2.3 Unauthorized Use & Access. Customer will prevent unauthorized use of the Services and terminate any unauthorized use of or access to the Services. Customer will promptly notify Host Compliance of any unauthorized use of or access to the Services. 2.4 Restricted Uses. Customer will not: (i) sell, resell, or lease the Services; or (ii) reverse engineer or attempt to reverse engineer the Services, nor assist anyone else to do so. 2.5 Third Party Requests. ATTACHMENT 1 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - P www.hostcompliance.com 2 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 2.5.1 "Third Party Request" means a request from a third party for records relating to Customer's use of the Services. Third Party Requests may include valid search warrants, court orders, or subpoenas. 2.5.2 Customer is responsible for responding to Third Party Requests in accordance with Colorado Revised Statutes §24-72-101 et.seq. (“Colorado Open Records Act”). Customer will seek to obtain information required to respond to Third Party Requests and will contact Host Compliance only if it cannot obtain such information despite diligent efforts. 2.5.3 If Host Compliance receives a Third Party Request, Host Compliance will make reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify Customer of Host Compliance's receipt of a Third Party Request; (B) reasonably cooperate and coordinate with Customer to oppose a Third Party Request if permitted by law; and (C) provide Customer with information or tools required for Customer to respond to the Third Party Request (if Customer is otherwise unable to obtain the information). If Customer fails to promptly respond to any Third Party Request, then Host Compliance may, but will not be obligated to do so. 2.5.4 If Customer receives a Third Party Request for access to the Services, or descriptions, drawings, images or videos of the Services' user interface, Customer will make reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify Host Compliance of Customer's receipt of such Third Party Request; (B) reasonably cooperate and coordinate with Host Compliance to oppose a Third Party Request if permitted by law; and (C) provide Host Compliance with information required for Host Compliance to respond to the Third Party Request. If Host Compliance fails to promptly respond to any Third Party Request, then Customer may, but will not be obligated to do so. 3.0 Intellectual Property Rights; Confidentiality 3.1 Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant (i) Host Compliance any intellectual Property Rights in the Customer Data or (ii) Customer any Intellectual Property Rights in the Services, any other products or offerings of Host Compliance, Host Compliance trademarks and brand features, or any improvements, modifications or derivative works of any of the foregoing. "Intellectual Property Rights" means current and future worldwide rights under patents, copyright, trade secret, trademark, moral rights and other similar rights. 3.2 Suggestions. Host Compliance may, at its discretion and for any purpose, use, modify, and incorporate into its products and services, and license and sub-license, any feedback, comments, or suggestions Customer send Host Compliance or post in Host Compliance' online forums without any obligation to Customer. 3.3 Confidential Information. Customer understands and agrees that it will not reveal, publish or otherwise disclose to any person, firm or corporation, without written authorization of Host Compliance, or except as required by law, any Confidential Information of Host Compliance, including ATTACHMENT 1 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - P www.hostcompliance.com 3 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 without limitation any trade secrets, confidential knowledge, data or other proprietary information relating to the Services. "Confidential Information" means all information, written or oral, relating to the business, operations, services, facilities, processes, methodology, technologies, intellectual property, research and development, customers, strategy or other confidential or proprietary materials of Host Compliance. 3.4 Colorado Open Records Act. Host Compliance acknowledges that Customer is subject to the Colorado Open Records Act, Colorado Revised Statutes §24-72-101 et.seq. Customer agrees that Confidential Information includes trade secrets, privileged information and confidential commercial, financial, geological, and geophysical data as defined in Colorado Revised Statutes §24-72-204 (3)(a)(IV). Customer agrees to promptly notify Host Compliance of any public records request which seeks Confidential Information of Host Compliance. 3.5 Sales Tax Information. Host Compliance acknowledges that individual sales tax information provided by Customer is confidential pursuant to Colorado Revised Statutes §29-2-106(4)(c)(II) and Host Compliance agrees to maintain the confidentiality of sales tax information in accordance with Colorado law. 4.0 Fees & Payment. 4.1 Fees. 4.1.1 Customer will pay Host Compliance for all applicable fees annually by August 20th. 4.1.2 Customer will pay any amounts related to the Services as per payment terms detailed on the applicable invoice. Unless otherwise indicated, all dollar amounts referred to in the Agreement are in U.S. funds. 4.1.3 Customer acknowledges that while it may choose to delay the implementation of the Services, this is not a valid reason for withholding payment on any invoices. Furthermore, the Customer will not withhold payment on any invoices for any reason other than material breach by Host Compliance. 4.1.4 Except as expressly provided on Schedule 1, renewal of promotional or one-time priced subscriptions will be at Host Compliance's applicable list price in effect at the time of the applicable renewal. Unless Host Compliance provide Customer notice of different pricing at least 75 days prior to the applicable renewal term, the per unit pricing during any renewal term will increase by the larger of the 12-Month Consumer Price Index (not seasonally adjusted), as published by the United States Department of Labor, or five (5) percent. Notwithstanding anything to the contrary, any renewal in which the number of monitored short-term rental listings has increased or decreased from the prior term will result in re- pricing at renewal without regard to the prior term's per-unit pricing. 4.2 Taxes. Customer is responsible for all taxes. Host Compliance will charge tax when required to do so. If Customer is required by law to withhold any taxes, Customer must provide Host Compliance with an official tax receipt or other appropriate documentation. ATTACHMENT 1 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - P www.hostcompliance.com 4 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 4.3 Purchase Orders. If Customer requires the use of a purchase order or purchase order number, Customer (i) must provide the purchase number at the time of purchase and (ii) agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement or the Services provided hereunder and are null and void. 5.0 Term & Termination. 5.1 Term. The initial term of this Agreement shall be one year commencing on the Effective Date, which shall automatically renew for a further period of one year upon each expiry of the then current term, unless either party provides written notice to the other party of it intention not to renew at least forty- five (45) days prior to the end of the then current term. 5.2 Trial Period. The trial period (“Trial Period”) shall be the earlier of (a) February 1, 2018, or (b) the start date of Customer's systematic or mass outreach activities utilizing the data obtained through the Services (traditional mail, electronic mail, and/or telephone campaigns). 5.3 Termination for Convenience. If, for any reason during the Trial Period, Customer is dissatisfied with the Services, Customer may terminate the Subscription. Host Compliance may also terminate this Agreement during the Trial Period. Upon Termination for Convenience, all funds paid under this Agreement will be refunded and future commitments waived. 5.4 Termination for Breach: Following the Trial Period, a party may terminate this Agreement for cause upon forty-five (45) days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period. 5.5 Refund or Payment upon Termination for Breach. If this Agreement is terminated by Customer in accordance with Section 5.4 (Termination for Breach), Host Compliance will refund Customer any prepaid fees covering the remainder of the term of all Subscriptions after the date of the written notice of a material breach. If this Agreement is terminated by Host Compliance in accordance with Section 5.4 (Termination for Breach), Customer will pay any unpaid fees covering the remainder of the term of the Agreement. In no event will Customer's termination after the first 6 months entitle Customer to a refund of more than the portion of the annual subscription remaining after the date of written notice of material breach. 5.6 Effects of Termination. If this Agreement is terminated in accordance with Section 5.1 (Term) for non- renewal, Section 5.3 (Termination for Convenience), Section 5.4 (Termination for Breach) or Section 6.3 (Possible Infringement): (i) the rights granted by Host Compliance to Customer to access Customer Data will cease immediately upon termination; (ii) Host Compliance may provide Customer access to its account at then-current fees so the Customer may export its Customer Data; and (iii) Host Compliance may delete any Customer Data relating to Customer's account not sooner than six (6) months after the effective date of termination. 5.7 Survival of Terms. The following sections will survive expiration or termination of this Agreement, whether by Section 5.1 (Term), Section 5.3 (Termination for Convenience), Section 5.4 (Termination for Breach) or Section 6.3 (Possible Infringement): 2.5 (Third Party Requests), 3.0 (Intellectual Property Rights; Confidentiality), 4.0 (Fees & Payments), 5.5 (Refund or Payment upon Termination for Breach), ATTACHMENT 1 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - P www.hostcompliance.com 5 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 5.6 (Effects of Termination), 6.0 (Indemnification), 7.0 (Exclusion of Warranties; Limitation of Liability), and 8.0 (Miscellaneous). 6.0 Indemnification. 6.1 By Host Compliance. Host Compliance will indemnify, defend and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorney's fees) arising out of any claim by a third party against Customer to the extent based on an allegations that Host Compliance' technology used to provide the Services to the Customer infringes or misappropriates any copyright, trade secret, patent or trademark right of the third party. In no event will Host Compliance have any obligations or liability under this section arising from: (i) use of any Services in a modified form or in combination with materials not furnished by Host Compliance and (ii) any content, information, or data provided by Customers, or other third parties. 6.2 By Customer. Customer will indemnify, defend, and hold harmless Host Compliance from and against all liabilities, damages, and costs (including settlement costs and reasonable attorney's fees) arising out of any claim by a third party against Host Compliance regarding: (i) Customer Data; or (ii) Customer's use of the Services in violation of this Agreement. 6.3 Possible Infringement. If Host Compliance believes the Services infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Host Compliance may (i) obtain the right for Customer, at Host Compliance' expense, to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement for the Services; or (iii) modify the Services so that they no longer infringe. If Host Compliance does not believe the options described in this section are reasonable then Host Compliance may suspend or terminate this Agreement and/or Customer's use of the affected Services with no further liability or obligation to the Customer other than the obligation to provide the Customer with a pro-rata refund of pre-paid fees for the affected portion of the Services. 6.4 General. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party will have full control and authority over the defense, except that: (i) any settlement requiring the party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed and (ii) the other party may join in the defense with its own counsel at its own expense. The indemnities above are Host Compliance' and Customer's only remedy under this Agreement for violation by the other party of a third party's Intellectual Property Rights. 7.0 Exclusion of Warranties; Limitation of Liability. 7.1 Exclusion of Warranties. Except as explicitly set forth in this Agreement, Host Compliance makes no other representation, warranty or condition, express or implied, and expressly excludes all implied or statutory warranties or conditions of merchantability, merchantable quality, durability or fitness for a particular purpose, and those arising by statute or otherwise in law or from a course of dealing or usage of trade with respect to the Services. Host Compliance does not make any representations or warranties of any kind to client with respect to any third party software forming part of the Services ATTACHMENT 1 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - P www.hostcompliance.com 6 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 7.2 Limitation on Indirect Liability. To the fullest extent permitted by law, except for Host Compliance and Customer's indemnification obligations hereunder, neither Customer nor Host Compliance and its affiliates, suppliers, and distributors will be liable under this Agreement for (i) indirect, special, incidental, consequential, exemplary, or punitive damages, or (ii) loss of use, data, business, revenue, or profits (in each case whether direct or indirect), even if the party knew or should have known that such damages were possible and even if a remedy fails of its essential purpose. 7.3 Limitation on Amount of Liability. To the fullest extent permitted by law, Host Compliance' aggregate liability under this Agreement will not exceed the amount paid by Customer to Host Compliance hereunder during the twelve months prior to the event giving rise to liability. 8.0 Miscellaneous. 8.1 Terms Modification. The Agreement may only be amended and modified in writing and signed by both parties. 8.2 Entire Agreement. The Agreement including the invoice and order form provided by Host Compliance, constitutes the entire agreement between Customer and Host Compliance with respect to the subject matter of this Agreement and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter of this Agreement. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: this Agreement, then the invoice, then the order form. 8.3 Governing Law, Venue, and Enforcement. This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The parties agree that the rule that ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. 8.4 Severability. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect. 8.5 Waiver or Delay. Any express waiver or failure to exercise promptly any right under the Agreement will not create a continuing waiver or any expectation of non-enforcement. 8.6 Assignment. Customer may not assign or transfer this Agreement or any rights or obligations under this Agreement without the written consent of Host Compliance. Host Compliance may assign this Agreement or any rights or obligations under this Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets by providing at least thirty (30) days prior notice to Customer. Any other attempt by Host Compliance to transfer or assign this Agreement without written consent of Customer is void. ATTACHMENT 1 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - P www.hostcompliance.com 7 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 8.7 Force Majeure. Except for payment obligations, neither Host Compliance nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action and Internet disturbance). 8.8 Procurement Piggybacking. Host Compliance agrees to reasonably participate in any "piggybacking" programs pertinent to local government. 8.9 No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Customer, its officials, employees, contractors, or agents, or any other person acting on behalf of the Customer and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 8.10 Affirmative Action. Host Compliance will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Host Compliance will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 8.11 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Host Compliance. Absolutely no third party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 8.12 Article X, Section 20/TABOR. The parties understand and acknowledge that Customer is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of Customer are expressly dependent and conditioned upon the continuing availability of funds beyond the term of Customer's current fiscal period ending upon the next succeeding December 31. Financial obligations of Customer payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Customer (Town of Avon), and other applicable law. Upon the failure to appropriate such funds, this Agreement shall terminate upon the expiration of the current term. 8.13 Employment of or Contracts with Illegal Aliens. Host Compliance shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Host Compliance shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this Agreement, Host Compliance certifies as of the ATTACHMENT 1 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - P www.hostcompliance.com 8 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 date of this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that Host Compliance will participate in the e-verify program or department program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. Host Compliance is prohibited from using either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If Host Compliance obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Host Compliance shall be required to notify the subcontractor and Customer within three (3) days that Host Compliance has actual knowledge that a subcontractor is employing or contracting with an illegal alien. Host Compliance shall terminate the subcontract if the subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving the notice regarding Contractor’s actual knowledge. Host Compliance shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Host Compliance is required to comply with any reasonable request made by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state law. If Host Compliance violates this provision, Customer may terminate this Agreement, and Host Compliance may be liable for actual and/or consequential damages incurred by Customer, notwithstanding any limitation on such damages provided by such Agreement. 8.14 Notices. Unless otherwise specifically required by a provision of this Agreement any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address set forth below or at such other address as has been previously furnished in writing, to the other Party. Such notice shall be deemed to have been given when deposited in the United States Mail properly addressed to the intended recipient. Written notice may also be provided by electronic mail which shall be deemed delivered when receipt is acknowledged by reply of the recipient. ATTACHMENT 1 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - P www.hostcompliance.com 9 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 IN WITNESS WHEREOF Host Compliance and the Customer have executed this Agreement as of the Effective Date. Town of Avon by its authorized signatory: Jennie Fancher, Mayor Date: One Lake Street P.O. Box 975 Avon, CO 81620 Billing Contact: Billing Email: Billing Direct Phone: Host Compliance LLC by its authorized signatory: Name: Ulrik Binzer Title: Chief Executive Officer Date: Account Executive: Account Executive Email: Account Executive Phone: ATTACHMENT 1 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - P www.hostcompliance.com 10 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 Schedule 1 Scope of Services: Address Identification Monthly email-delivered report and live web-delivered dashboard with complete address information and screenshots of all identifiable STRs in Town of Avon's jurisdiction: • Up-to-date list of jurisdiction's active STR listings • High resolution screenshots of all active listings (captured weekly) • Full address and contact information for all identifiable STRs in jurisdiction • All available listing and contact information for non-identifiable STRs in jurisdiction Compliance Monitoring Ongoing monitoring of the short-term rentals operating in Town of Avon's jurisdiction for zoning and permit compliance coupled with systematic outreach to non-compliant short-term rental property owners (using Town of Avon's form letters) ● Ongoing monitoring of STRs for zoning and permit compliance ● Pro-active and systematic outreach to unpermitted and/or illegal short-term rental operators (using jurisdiction's form letters) ● Monthly staff report on jurisdiction's zoning and permit compliance: ● Up-to-date list of STRs operating illegally or without the proper permits ● Full case history for non-compliant listings Rental Activity Monitoring and Tax Collection Support Ongoing monitoring of jurisdiction's short-term rental properties for signs of rental activity and/or tax compliance: • Automatic monitoring of review activity across 15+ STR websites • Weekly screenshots of reviews and calendars for each active listing • Quarterly pro-active, systematic and data-informed outreach to short-term rental operators regarding their tax remittance obligations (using jurisdiction's form letters) • Quarterly staff report on jurisdiction's STR tax compliance: • Up-to-date list of short-term rental landlords suspected of under-reporting taxes • Documentation of information that serves as the foundation for the suspicion of tax under-reporting • Custom reports and analysis to support tax audits and other STR related investigations Note: Detailed rental activity monitoring requires 6 months of data accumulation to be most effective. ATTACHMENT 1 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - P www.hostcompliance.com 11 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 Total Annual Subscription Service Price $51,578 Note: Above pricing assumes 1058 short-term rental listings in Town of Avon's jurisdiction. ATTACHMENT 1  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: July 11, 2017 Re: 2017 Supplemental Budget Amendment Resolution No. 2017‐14 Introduction This resolution amends the 2017 General Fund budget. This is the second supplemental budget amendment this year for the General Fund. Below is a summary of the proposed budget revisions and the estimated impacts to the fund balance. The levels of fund balances continues to be positive and meets Town policy. General Fund A summary of the proposed changes is listed below:  Administration and General Government o $2,500 for election costs to participate in the coordinated election with the County for the Broadband ballot question in November. o $267 for employee recognition gift for P&Z member. o $3,000 for Town‐wide supervisor training. o $900 for Avon logo shirts for admin staff for special events  Finance Department o $51,578 for the short‐term rental compliance program with Host Compliance  Special Events o One day major music event o $225,095 in total revenues from ticket sales and other fees and sales, o $212,050 in total expenses, including $137,050 in booking and consulting expense, $64,393 in Town expenses, and $10,607 in contingency.  Public Works o $11,000 for 7 additional port‐a‐lets in Nottingham Park  Engineering, Buildings and Facilities o $26,831 for one additional full‐time Building Tech position for the remainder of the year due to the additional facilities coming on‐line (see attached memorandum from Justin Hildreth) o $3,000 for a final plat for a new drainage easement.  Page 2 The net result of these changes revises the current year net use of funds from a deficit of $657,256 to a deficit of $969,287. This deficit is due mainly to the $1,000,000 transfer‐out to the Capital Project Fund of the previous year’s surplus. Per the Town’s fund balance policy, excess fund balances are transferred to the Capital Projects Fund After these revisions, the General Fund stabilization balance, which represents reserves over and above the required 25% minimum fund balance, is decreased by $373,705 to a total of $363,391. Attachments: 1. Resolution No. 2017‐14 2. General Fund Supplemental Amendment No. 2 3. Memorandum from Town Engineer Res. No. 17-14 July 11, 2017 Page 1 of 2 TOWN OF AVON, COLORADO RESOLUTION NO. 17-14 SERIES OF 2017 A RESOLUTION TO AMEND THE 2017 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2017 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2017 AND ENDING ON THE LAST DAY OF DECEMBER, 2017 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2017 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2017; and WHEREAS, the Town Council finds it necessary to amend the 2017 budget to more accurately reflect the revenues and expenditures for 2017; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2017: Original or Previously Amended 2017 Budget Current Proposed Amended 2017 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 6,063,891 16,385,744 17,043,000 $ 6,063,891 16,610,839 17,580,126 Ending Fund Balance $ 5,406,635 $ 5,094,604 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. ATTACHMENT 1 Res. No. 17-14 July 11, 2017 Page 2 of 2 Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 11th day of July, 2017. AVON TOWN COUNCIL By:___________________________ Attest:________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ATTACHMENT 1 Page 1 Fund Summary Original or Adopted Amended Difference Actual Budget Budget Increase 2016 2017 2017 (Decrease) REVENUES Taxes 12,672,461$ 12,900,212$ 12,900,212$ -$ Licenses and Permits 259,997 206,100 206,100 - Intergovernmental 1,014,141 1,032,778 1,032,778 - Charges for Services 1,543,296 1,522,982 1,748,077 225,095 Fines and Forfeitures 91,014 92,445 92,445 - Investment Earnings 73,208 75,000 75,000 - Other Revenue 407,333 329,900 329,900 - Total Operating Revenues 16,061,450 16,159,417 16,384,512 225,095 Other Sources Transfer-In From Capital Projects Fund 219,735 226,327 226,327 - Total Other Sources 219,735 226,327 226,327 - TOTAL REVENUES 16,281,185$ 16,385,744$ 16,610,839$ 225,095$ EXPENDITURES General Government 3,103,970$ 3,402,863$ 3,461,108$ 58,245$ Community Development 1,201,086 1,327,470 1,539,520 212,050 Public Safety 3,122,942 3,396,218 3,396,218 - Public Works 3,823,374 4,567,681 4,608,512 40,831 Recreation 1,293,277 1,452,275 1,452,275 - Total Operating Expenditures 12,544,649 14,146,507 14,457,633 311,126 Contingency - 194,493 194,493 - Other Uses Transfers-Out to Town Center West Fund 77,576 - - - Transfers-Out to Capital Projects Fund 1,670,000 1,120,000 1,120,000 - Transfers-Out to Transit 1,134,994 1,182,000 1,408,000 226,000 Transfers-Out to Fleet Maintenance 450,000 400,000 400,000 - Total Other Uses 3,332,570 2,702,000 2,928,000 226,000 TOTAL EXPENDITURES 15,877,219 17,043,000 17,580,126 537,126 NET SOURCE (USE) OF FUNDS 403,966 (657,256) (969,287) (312,031) FUND BALANCES, Beginning of Year 5,659,925 6,063,891 6,063,891 - FUND BALANCES, End of Year 6,063,891$ 5,406,635$ 5,094,604$ (312,031)$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 664,805$ 664,805$ 664,805$ -$ Assigned For:- Special Events - 72,608 - (72,608) Capital Improvements - - - - Unassigned:- 25% Minimum Reserve Balance 3,551,805 3,932,127 4,066,408 134,282 Undesignated, Unreserved 1,761,145 737,095 363,391 (373,705) TOTAL FUND BALANCES 5,977,755$ 5,406,635$ 5,094,604$ (312,031)$ General Fund #10 Supplemental Amendment No. 2 ATTACHMENT 2 Page 2 Original or Adopted Amended Difference Account Actual Budget Budget Increase Number Description 2016 2017 2017 (Decrease) Taxes: 51101 General Property Tax 1,740,308$ 1,735,425$ 1,735,425$ -$ 51102 General Property Tax - Delinquent Collections - 500 500 - 51103 General Property Tax - Interest 2,999 1,000 1,000 - 51104 General Property Tax - Abatements (1,000) - - - 51201 Specific Ownership Tax 119,483 120,000 120,000 - 51301 Sales Tax 8,097,130 8,421,015 8,421,015 - 51302 Utility Tax 102,643 110,000 110,000 - 51303 Accommodation Tax 1,289,879 1,367,272 1,367,272 - 51304 Penalties and Interest 30,487 25,000 25,000 - 51305 Sales Tax Audit Assessments 122,764 5,000 5,000 - 51307 VAA Retail Sales Fee 735,280 700,000 700,000 - 51402 Franchise Fees 432,488 415,000 415,000 - 51000 Total Taxes 12,672,461 12,900,212 12,900,212 - Licenses and Permits: 52101 Liquor Licenses 8,234 7,000 7,000 - 52102 Business Licenses 87,510 65,000 65,000 - 52103 Contractor's Licenses 12,520 10,500 10,500 - 52201 Building Permits 143,642 115,000 115,000 - 52205 Road Cut Permits 7,615 8,000 8,000 - 52207 Mobile Vendor Cart Permits 476 600 600 - 52000 Total Licenses and Permits 259,997 206,100 206,100 - Intergovernmental: Federal Grants: 53106 Click It or Ticket 8,360 5,500 5,500 - 53107 Ballistic Vests 2,320 2,000 2,000 - State Grants 53204 LEAF Grant 31,422 23,000 23,000 - 53206 High Visibility Grant 24,140 27,000 27,000 - 53299 Other State Grants 33,048 21,852 21,852 - Local Government/Other Agency 53402 Eagle County - Childcare 6,677 - - - 53900 Eagle River Youth Coalition 570 8,500 8,500 - Subtotal: Grants 106,537 87,852 87,852 - State/County Shared Revenue: 53301 Conservation Trust 72,226 62,000 62,000 - 53302 Motor Vehicle Registration 24,639 22,000 22,000 - 53303 Highway User's Tax 193,388 201,963 201,963 - 53304 Cigarette Tax 43,200 42,000 42,000 - 53305 County Sales Tax 445,043 483,743 483,743 - 53306 Road & Bridge Fund 128,078 132,220 132,220 - 53308 State Severance Tax 1,030 1,000 1,000 - Revenue Detail General Fund #10 Supplemental Amendment No. 2 ATTACHMENT 2 Page 3 Original or Adopted Amended Difference Account Actual Budget Budget Increase Number Description 2016 2017 2017 (Decrease) Revenue Detail General Fund #10 Supplemental Amendment No. 2 Subtotal: Shared Revenue 907,604 944,926 944,926 - 53000 Total Intergovernmental 1,014,141 1,032,778 1,032,778 - Charges for Services: General Government: 54102 Photocopying Charges 14$ 300 300 - 54103 License Hearing Fees - 100 100 - 54104 Other Fees and Charges 1,828 1,250 1,250 - 54105 CC & Paper Filing Fees 2,332 - - - 54201 Plan Check Fees 104,641 95,000 95,000 - 54202 Subdivision Review Fees 916 1,000 1,000 - 54203 Design Review Fees 15,754 14,295 14,295 - 54204 Animal Control Fees 590 500 500 - 54206 Fire Impact Fee Administration Fees 832 750 750 - 54301 Police Reports 713 600 600 - 54302 Police Extra Duty 18,564 25,000 25,000 - 54303 Fingerprinting Fees 5,547 4,500 4,500 - 54304 VIN Inspection Fees 18,030 18,000 18,000 - 54305 False Alarm Fees/Misc Police Dept Fees 240 500 500 - 54306 National Night Out 1,430 2,000 2,000 - 54399 DUI Reimbursement 19,063 24,250 24,250 - Subtotal: General Govern.190,494 188,045 188,045 - Recreation Facility: 54601 Admission Fees 901,307 888,200 888,200 - 54602 Program Fees 46,582 88,810 88,810 - 54603 Rentals 49,426 45,000 45,000 - 54604 Merchandise Sales 8,598 8,500 8,500 - 54606 Rec Center Services 10,603 9,200 9,200 - 54607 Fitness Program Revenues 50,159 52,000 52,000 - Other Recreation: 54651 Adult Program Revenues 19,378 25,350 25,350 - 54652 Cabin Equipment Rentals 17,542 13,500 13,500 - 54653 Athletic Field Rentals 8,535 - - - 54655 Youth Program Revenues 149,700 145,565 145,565 - 54670 Ticket Sales - - 192,250 192,250 54671 Revenues from Vendor Sales - - 12,000 12,000 54676 Sponsorships 38,000 38,000 40,000 2,000 54678 Event Fees 11,937 10,525 20,100 9,575 54679 Special Event Admission Fees 41,035 10,287 19,557 9,270 Subtotal: Recreation 1,352,802 1,334,937 1,560,032 225,095 54000 Total Charges for Services 1,543,296 1,522,982 1,748,077 225,095 ATTACHMENT 2 Page 4 Original or Adopted Amended Difference Account Actual Budget Budget Increase Number Description 2016 2017 2017 (Decrease) Revenue Detail General Fund #10 Supplemental Amendment No. 2 Fines and Forfeitures: 55101 Court Fines - Traffic 47,006$ 51,300 51,300 - 55102 Court Fines - Criminal 22,958 21,000 21,000 - 55103 Court Fines - Parking 7,245 6,735 6,735 - 55105 Court Costs 7,280 7,000 7,000 - 55106 Jury Fees - 100 100 - 55107 Bond Forfeitures 250 100 100 - 55110 Police Training Surcharge 6,275 6,210 6,210 - 55000 Total Fines and Forfeitures 91,014 92,445 92,445 - Investment Earnings: 57101 Interest 73,208 75,000 75,000 - 57000 Total Investment Earnings 73,208 75,000 75,000 - Other Revenues: 58101 Recreational Amenity Fees 250,468 235,000 235,000 - 58109 Bond Issuance Fees 10,696 9,800 9,800 - 58201 Lease of Town-Owned Property 46,662 40,000 40,000 - 58999 Miscellaneous Nonclassified Revenues 99,507 45,100 45,100 - 58000 Total Other Revenues 407,333 329,900 329,900 - 50000 TOTAL REVENUES 16,061,450$ 16,159,417$ 16,384,512$ 225,095$ ATTACHMENT 2 Page 5 Department Expenditure Summaries Original or Final Adopted Amended Difference Dept./Div.Actual Budget Budget Increase Number Description 2016 2017 2017 (Decrease) General Government: 111 Mayor and Town Council 207,490$ 221,972$ 221,972$ -$ 112 Boards and Commissions 12,454 17,799 18,066 267 113 Town Attorney 133,145 132,000 132,000 - 115 Town Clerk 135,048 123,691 126,191 2,500 121 Municipal Court 106,594 129,000 129,000 - 131 Town Manager 364,898 405,797 405,797 - 133 Community Relations 124,692 187,497 187,497 - Subtotal General Government 1,084,321 1,217,756 1,220,523 2,767 Human Resources: 132 Human Resources 416,018 436,677 439,677 3,000 Finance and IT: 141 Finance 802,661 859,922 911,500 51,578 143 Information Systems 380,891 406,753 406,753 - 149 Nondepartmental 420,079 481,755 482,655 900 Subtotal Finance and IT 1,603,631 1,748,430 1,800,908 52,478 Total General Government and Finance 3,103,970 3,402,863 3,461,108 58,245 Community Development: 212 Planning 215,001 283,033 283,033 - 213 Building Inspection 141,694 149,265 149,265 - 214 Economic Development 37,147 - - - 215 Town Produced Events 291,225 351,781 563,831 212,050 216 Signature Event Seed Funding 307,788 360,771 360,771 - 217 Community Grants 208,231 182,620 182,620 - Total Community Development 1,201,086 1,327,470 1,539,520 212,050 Police Department: 311 Administration 535,815 686,574 686,574 - 312 Patrol 2,332,791 2,438,204 2,438,204 - 313 Investigations 254,336 271,440 271,440 - Total Police Department 3,122,942 3,396,218 3,396,218 - Public Works Engineering: 412 Engineering 267,207 248,376 251,376 3,000 418 Buildings and Facilities 1,085,263 1,266,362 1,293,193 26,831 Roads and Bridges: 413 Roads and Bridges 1,400,312 2,357,162 2,357,162 - 415 Parks and Grounds 1,070,592 695,781 706,781 11,000 Total Public Works Department 3,823,374 4,567,681 4,608,512 40,831 General Fund #10 Supplemental Amendment No. 2 ATTACHMENT 2 Page 6 Department Expenditure Summaries Original or Final Adopted Amended Difference Dept./Div.Actual Budget Budget Increase Number Description 2016 2017 2017 (Decrease) General Fund #10 Supplemental Amendment No. 2 Recreation Department: 514 Administration 241,114 227,282 227,282 - 515 Adult Programs 50,914 56,087 56,087 - 516 Aquatics 441,428 574,478 574,478 - 518 Fitness 136,161 150,785 150,785 - 519 Guest Services 295,102 297,882 297,882 - 521 Youth Programs 128,558 145,761 145,761 - Total Recreation 1,293,277 1,452,275 1,452,275 - TOTAL OPERATING EXPENDITURES 12,544,649$ 14,146,507$ 14,457,633$ 311,126$ ATTACHMENT 2 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Meeting Date: June 13, 2017 Agenda Topic: ADDITIONAL BUILDING TECHNICIAN ACTION BEFORE COUNCIL Approve request for an additional Building Technician because of high work load and the addition of 2 buildings this year. DISCUSSION Currently the Buildings and Facilities Maintenance Division includes a Superintendent, 2 technicians and an electrician. The Staff currently maintains 8 facilities including the Recreation Center, Town Hall, Transit Facility and Fleet building. An additional Building Technician is being requested to meet the current maintenance requirements of the existing Town facilities. The addition of the Avon Fire Station and Wildridge Fire Station to the portfolio will add additional responsibilities to the Division and further increase the maintenance requirements. This request is being made outside of the normal budget cycle because the fire stations will be turned over to the Town this fall and it would be ideal to have an additional staff member on board before the turnover occurs. BUDGET IMPLICATIONS The hiring range for the position is $45,916 to $51,816 depending on qualifications. The impact to the 2017 budget assuming an August 15th hiring date is between $25,775 to $26,831 including benefits. 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: Facility Maintenance Plan Extension DATE: June 28, 2017 SUMMARY: Avon entered into an Intergovernmental Agreement (“IGA”) with the Eagle River Fire Protection District in July, 2016 to cooperatively own and construct the Joint Public Safety Facility on Lot 1B, Buck Creek Subdivision. The IGA states that the parties will adopt a Facility Management Plan by July 1, 2017. Staff for Avon and ERFPD are recommending an extension of the deadline to the date of the Temporary Certificate of Occupancy or October 1, 2017, whichever occurs first. Staff for both Avon and ERFPD have a draft Intergovernmental Agreement and accompanying matrix that defines duties for utilities, maintenance, repairs and capital reserves and replacement. Staff for both Avon and ERFPD desire additional time to review the definition of duties, allocation of duties and formulas for dividing costs. As stated in the extension letter, it is the expectation of both Town staff and Fire District staff to finalize the Facility Management Plan in August, 2017, so that it is final and approved prior to each party moving into the new facility. Attached is letter agreement to extend the deadline to finalize and adopt a Facility Management Plan for the Joint Public Safety Facility (combined Regional Fire Station and Police Station) to the date of a Temporary Certificate of Occupancy or October 1, 2017, whichever occurs first. This Extension Letter Agreement has been included for approval on the consent calendar. Thank you, Eric ATTACHMENT A: June 26, 2017 Extension Letter Agreement M EMORANDUM & PLANNING, LLC COLLINS COCKREL & COLE A PROFESSIONAL CORPORATION PAUL R. COCKREL JAMES P. COLLINS ROBERT G. COLE TIMOTHY J. FLYNN EVAN D. ELA LINDA M. GLESNE DAVID A. GREHER KATHRYN G. WINN ATTORNEYS AT LAW 390 UNION BOULEVARD, SUITE 400 DENVER, COLORADO 80228-1556 TELEPHONE: 303-986-1551 TOLL FREE: 800-354-5941 FACSIMILE: 303-986-1755 www.cccfirm.com ASSOCIATES JOSEPH W. NORRIS ALLISON C. ULMER BART W. MILLER —————— OF COUNSEL JOAN M. FRITSCHE MATTHEW P. RUHLAND —————— E-MAIL mruhland@cccfirm.com (303) 218-7212 {00570553.DOCX / } June 26, 2017 VIA E-MAIL AND U.S. MAIL Town of Avon Town of Avon, Colorado One Lake Street P.O. Box 975 Avon, Colorado 81620 Attn: Virginia Egger, Town Manager Avon Town Attorney One Lake Street P.O. Box 975 Avon, Colorado 81620 Attn: Eric Heil Re: Extension Under Intergovernmental Agreement with Eagle River Fire Protection District Dear Ms. Egger and Mr. Heil: As you are aware, we represent the Eagle River Fire Protection District (the “District”) and we are writing you on its behalf. The Town of Avon (the “Town”) and the District (collectively, the “Parties”) entered into an Intergovernmental Agreement Concerning the Ownership, Construction, Operations and Maintenance of the Joint Fire- Police Station Facility, dated effective as of July 21, 2016 (the “IGA”). Under Section 12 of the IGA, the Parties are obligated to prepare a facility management plan on or before July 1, 2017, to address the operation, maintenance, repair and replacement of Common Elements and Coordinated Unit Maintenance (the “Facility Management Plan”). The Parties are currently negotiating the Facility Management Plan and making significant progress; however, it is not anticipated to be completed and approved by both Parties on or before July 1, 2017. Therefore, the Parties have agreed to extend the deadline to complete the Facility Management Plan, as listed under Section 12 of the IGA, to the date of a Temporary Certificate of Occupancy or October 1, 2017, whichever is earlier. ATTACHMENT A: Extension Letter Agreement COLLINS COCKREL & COLE Town of Avon June 26, 2017 Page 2 {00570553.DOCX / } We understand that the Town desires to schedule the Avon Town Council’s approval of a Facility Management Plan with the accompanying intergovernmental agreement at its August 8, 2017 regular Council meeting date. The District also desires to similarly approve the Facility Management Plan and accompanying intergovernmental agreement at its August 17, 2017 regular District Board meeting. By this letter, the District is consenting to the extended deadline to complete the Facility Management Plan and requests that the Town sign and return this letter as acknowledgment of the Town’s consent to the same. Thank you for your continued efforts on this matter and please contact me if you wish to discuss. Sincerely, Matthew P. Ruhland ACCEPTED AND CONSENTED TO this ___ day of _______, 2017. TOWN OF AVON _______________________ By: ___________________ Its: ___________________ cc: Karl Bauer, Fire Chief Todd Goulding ATTACHMENT A: Extension Letter Agreement TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 13, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 6:03 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips and Megan Burch. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Director Matt Pielsticker, Police Chief Greg Daly, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. MEETING PROCEDURES FOR THE MEETING OF JUNE 13, 2017 3.1. ACTION ITEMS • PRESENTATION OF ITEM • PUBLIC COMMENT – THREE (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 AND PRESENTATIONS • PRESENTATION OF ITEM • COUNCIL DISCUSSION • PUBLIC COMMENT – THREE (3) 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 Start time: 61:50 Part One Michael Cacioppo requested an additional 90 seconds for public comment. Michael expressed his opposition of the Town’s Plastic Bag Reduction Initiative. He also expressed his discontent with the layout of West Beaver Creek Boulevard. He said the elimination of lanes has created “wait times at the roundabouts.” 5. LIBRARY DISTRICT ANNUAL COMMUNICATION MEETING 5.1. EAGLE COUNTY LIBRARY DISTRICT WORK SESSION (KIM SAALFELD, LINDA TILLSON) Start time: 67.17 Part One Representatives from Eagle Valley Library District (EVLD), including Kim Saalfeld, Avon Public Library Branch Manager, Linda Tillson, EVLD Director, and Tegan Davis, PR Librarian, delivered a presentation that touched on operations, programs, and patron visits. The following items were discussed with Council: TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 13, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 • Wayfinding signage • Parking and parking signage • Communications A request was made for the Library to be included in future rounds of wayfinding signage. Another request was made for better parking signage to be placed during special events. Finally, a request was made for "impact notices" to be sent to the Library prior to special events and construction projects. 6. PRESENTATIONS 6.1. FLEET MAINTENANCE DEPARTMENT PRESENTATION (FLEET DIRECTOR REGO OMERIGIC) Start time: 103:00 Part One Rego Omerigic, Fleet Director, gave a presentation about Fleet Department operations and personnel. 6.2. IT PRESENTATION (IT ADMINISTRATOR ROBERT MCKENNER) Start time: 126:20 Part One Robert McKenner, IT Administrator, gave a presentation about the IT Department operations and personnel. 7. ACTION ITEMS Start time: 00:10 Part Two 7.1. PUBLIC HEARING SOUND PERMIT APPLICATION FOR A TASTE OF NATURE FUNDRAISER AT WALKING MOUNTAINS SCIENCE CENTER (WALKING MOUNTAINS REPRESENTATIVE) Terry Scales with Walking Mountains Science Center spoke regarding the Taste of Nature fundraising event and how it is sold out. Mayor Fancher opened the public hearing and no comments were made. Councilor Prince suggested streamlining the amplified sound permit process on private property. Councilor Gennett moved to approve the Outdoor Amplified Sound Permit for Walking Mountains Science Center on Wednesday July 12, 2017, to extend the hours to 10:00 p.m. Councilor Wolf seconded the motion and it passed unanimously by Council members present. 7.2. RESOLUTION 17-11 TRANSIT FUND BUDGET AMENDMENT (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Start time: 07:34 Part Two Mayor Pro Tem Smith Hymes moved to approve Resolution 2017-11, a Resolution Summarizing Expenditures and Revenues by Fund and Amending the 2017 Budget for the Town of Avon for the Calendar Year 2017. Councilor Phillips seconded the motion and it passed unanimously by Council members present. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 13, 2017 AVON TOWN HALL, ONE LAKE STREET Page 3 7.3. PUBLIC HEARING SECOND READING OF ORDINANCE 17-09 AMENDING CHAPTER 2.08 MUNICIPAL COURT OF THE AVON MUNICIPAL CODE TO AUTHORIZE THE USE OF A COLLECTION AGENCY FOR MUNICIPAL COURT FINES (TOWN ATTORNEY ERIC HEIL) Start time: 09:37 Part Two Councilor Gennett moved to approve Ordinance No. 17-09 Amending Chapter 2.08 Municipal Court of the Avon Municipal Code. Councilor Wolf seconded the motion and it passed unanimously by Council members present. 7.4. CONSENT AGENDA Start time: 11:20 Part Two 7.4.1. APPROVAL OF MINUTES FROM MAY 23, 2017 REGULAR MEETING (DEPUTY TOWN CLERK BRENDA TORRES) 7.4.2. APPROVAL OF MINUTES FROM MAY 25, 2017 SPECIAL MEETING (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Councilor Burch moved to approve the Consent Agenda. Councilor Phillips seconded the motion and it passed with a vote of 6 to 1. Councilor Wolf abstained from the vote. 8. WORK SESSIONS Start time: 12:00 Part Two 8.1. REVIEW OF BROADBAND OPPORTUNITIES AND REQUIREMENT FOR A BALLOT QUESTION FOR VOTER APPROVAL TO PROVIDE SERVICE TO PUBLIC OR PRIVATE SECTOR SUBSCRIBERS (TOWN MANAGER VIRGINIA EGGER) Andy Davis with Comcast commented that previous ballot initiatives around the state have passed by wide margins, largely because there is no money associated with it. Mayor Pro Tem Smith wanted to know, in terms of speed, what the Town would be getting over what it’s getting currently. Robert McKenner, IT Manager, responded that it would go from one gigabit up to 10 gigabits and that the proposal would give us free and reliable public wi-fi in all public spaces. Councilor Prince asked Andy Davis if Comcast has anything on the horizon for offering free public wi-fi. Andy Davis responded that in the Town right now, Comcast has a series of public access wi-fi hot points and there is a period for free service (1-2 hours) for non-customers, and then they would have to pay after that period. Andy said he was at the meeting to understand the Town’s goals and to see if there are things that Comcast is not currently doing that they should be doing, or if there is a need that the Town may have that Comcast is not currently meeting. Chad Lieurance, Aspen Wireless, commented that the idea was to introduce completion where there isn’t and to give everyone better service. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 13, 2017 AVON TOWN HALL, ONE LAKE STREET Page 4 Mayor Pro Tem Smith Hymes commented that affordability and accessibility for all of the population is one of the critical drivers. Councilor Wolf asked what the cost would be. Robert McKenner, IT Manager, responded “we can’t discuss the cost, but I can tell you it is not 104 million dollars.” Virginia Egger, Town Manager, shared that the range is approximately $250,000 for phase one. Council provided direction to staff to move forward with placing a question on the ballot regarding a SB 05-125 exemption. 8.2. DIRECTION ON RETAINING HOST COMPLIANCE SOLUTIONS FOR SHORT TERM RENTALS IDENTIFICATION, BUSINESS LICENSE AND TAX COMPLIANCE (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Start time: 43:22 Part Two Paul Hetherington with iCompass delivered a presentation on the tracking system. Councilor Wolf recused himself from the discussion. Councilor Prince asked to know why we could not reach out to Airbnb and other providers to ensure that in addition to paying tax that they also have a license number. Todd Roar, owner of Mein Haus Bed & Breakfast, said Mein Haus is the only officially licensed and approved bed and breakfast in the Town of Avon. Todd said that his research of Airbnb has shown that at least 48 locations in Avon are using the name bed and breakfast and that he is the only one who has gone through the process legally. Council provided direction to staff to move forward on retaining Host Compliance Solutions for monitoring and enforcement of short term rental properties in the Town of Avon. Councilor Wolf was absent. Councilor Wolf returned to the meeting at the conclusion of the item. 8.3.HEAT RECOVERY EXPANSION STUDY (TOWN ENGINEER JUSTIN HILDRETH) Start time: 132:22 Part Two Councilor Phillips asked what the carbon footprint difference is and said she would like to see some reports. Justin Hildreth, Town Engineer, responded that he will do the research. Council provided direction to staff to have the New Town Hall’s heating system connected to TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 13, 2017 AVON TOWN HALL, ONE LAKE STREET Page 5 the heat recovery system and the remaining capacity be used for future facilities owned by the Town in the neighborhood. 9. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 144:15 Part Two Mayor Fancher asked for the following: 1) the disc golf course to be discussed at a future Council meeting, and 2) the Nottingham Park beach area to become a non-dog area. Councilor Wolf asked for the Pianos on Parade piano to be tuned. Councilor Prince recommended a proclamation supporting the Paris Accord. The purpose of the proclamation would be to pledge to keep working on energy conservation and efficiency, increase efforts to cut greenhouse gases and support a clean-energy economy. Mayor Pro Tem Smith Hymes stated that she went to a discussion in Boulder regarding the Colorado Water Future Workshop and let Council know about the CoCoRaHs program. Mayor Pro Tem Smith Hymes also said that she attended the Family Leadership Training Institute graduation and acknowledged the Avon Police Department for their involvement in the program. 10. EXECUTIVE SESSION EXECUTIVE SESSION FOR DISCUSSION OF A PERSONNEL MATTER UNDER C.R.S. §24-6-402(2) (F) CONCERNING THE TOWN MANAGER’S ANNUAL PERFORMANCE EVALUATION Mayor Fancher moved to convene into Executive Session for discussion of a personnel matter under C.R.S. §24-6-402(2) (f) Concerning the Town Manager’s Annual Performance Evaluation. Councilor Phillips seconded the motion and it passed with a vote of 6 to 1. Councilor Wolf voted no. The time was 10:06 p.m. Council convened into Executive Session at 10:10 p.m. Executive Session ended at 10:30 p.m. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 13, 2017 AVON TOWN HALL, ONE LAKE STREET Page 6 10. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 10:31 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. 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: Virginia C. Egger, Town Manager Meeting Date: July 11, 2017 Agenda Topic: DIRECTION FOR THE PREPARATION OF THE TWO-YEAR STRATEGIC PLAN PRIOR TO DEVELOPMENT OF THE 2018-2019 BUDGET AND FIVE YEAR CAPITAL PROJECTS PLAN SUMMARY: The two-year Town of Avon Strategic Plan is an effective policy document and a primary tool in implementing the Comprehensive Plan, other adopted plans and special projects of the Town Council. When approved by a majority of the Town Council, the Strategic Plan informs the community of near and longer-term directive actions and investments planned by the Town Council. Once adopted, the Strategic Plan provides clear direction to Town staff for preparing the budget and developing department work programs. While it does not account for all Town Council direction, unforeseen needs or opportunities, other day-to-day or prioritized internal staff work, or other matters on Council agendas, it does set forth major undertakings through the two year planning horizon. Attached is the 2017-2018 Strategic Plan Update - 2nd Quarter Status Report, which details for Council the progress on all strategies in the currently adopted plan. In preparing the Status Report and meeting to discuss recommendations for 2019, the Leadership Team, composed of department directors, the Executive Assistant to the Town Manager and me, wish to offer the following considerations for next two-year Strategic Plan: 1. Amend the time period of the plan to be 2017 – 2019 to more correctly reflect work yet to be accomplished this year and the estimated timeframes needed to complete many of the strategies listed in the current plan. 2. With the recent adoption of the Climate Action Plan Implementation Schedule, new broadband initiatives and strategy for developing a Creative District, no other projects should be added at this time. 3. A review of the Strategic Plan, finds that all actions are in or supported by the Town of Avon Comprehensive Plan. The Housing section of the Comprehensive Plan, however, includes clearer direction for attainable housing, and several of the policies should be brought into the 2017 – 2019 Strategic Plan. 4. The RECENT SUCCESSES and CURRENT CHALLENGES sections, in the Strategic Plan, can be updated after the July 11th Council work session. Adoption of the Strategic Plan is schedule for consideration on the July 25th agenda. Once adopted, the Leadership Team will factor the work into the budget, including assessing any need for additional staffing or consultant services. ATTACHMENT: Town of Avon 2016-2017 Strategic Plan – 2nd Quarter Status Report TOWN OF AVON 2017-2018 STRATEGIC PLAN UPDATE 2nd QUARTER STATUS REPORT Adopted by the Avon Town Council Resolution 17-03, Series of 2017 February 14, 2017 2017-18 STRATEGIC PLAN UPDATE February 14, 2017 Page2 Purpose of the Strategic Plan The Strategic Plan is developed and adopted to guide decision-making and provide the structure for ensuring investments and programs reflect Council priorities in achieving the vision and adopted plans of the Town of Avon. This work of the Council has been done since 2013, when the Town’s first Strategic Plan was developed and adopted at regular Council meetings, with meeting notice. In July of 2015, the Town Council provided the opportunity for residents and businesses to identify the most important issues in the Town through civic engagement outreach at open houses. The outreach was specific to the development of a community survey, which was distributed to all residential households and businesses in Avon on August 3, 2015. Results were presented to Council on September 22, 2015. The results have aided the Council in identifying priorities over the next several years and have provided information as to other methods to engage the public in the vision and strategic planning of the Town. The Strategic Plan is updated each year to reflect dynamic change, as may be needed, and to present to the Avon community the important work planned by the Town over the planning period. • The following section presents the Strategic Plan Vision, which provides a dynamic overview describing the way of life in Avon, the values the community holds and serves as a comprehensive statement regarding the focus and directed outcomes of the Town’s work. • From the Strategic Plan Vision, four key outcomes have been identified to set the prioritized work of the Town. The four outcomes, with successes, challenges and strategies to achieve each vision are detailed, resulting in a Strategic Plan.  Once the Strategic Plan is adopted, a budget is prepared to meet the multi-year program, followed by each department submitting a business work plan to the Town Manager identifying the timing and process for implementing each strategy. Progress on the work plans are monitored to ensure outcomes are met. Page2 2017-18 STRATEGIC PLAN UPDATE February 14, 2017 Page3 Strategic Plan Vision “… To provide a high quality of life, today and in the future, for a diverse population, and to promote their ability to live, work, visit and recreate in the community.” TOWN OF AVON COMPREHENSIVE PLAN, ADOPTED MAY 23, 2017 The Town of Avon, surrounded by natural beauty, is today a strong community, which will maintain a focus on families and workers, and that will build on its strengths to become a nationally and internationally recognized year-round mountain resort community. Committed to providing a high level of municipal services for our citizens and visitors, and the stewardship of our natural resources, Avon will expand its cultural, recreational and educational offerings in partnership with our broader community and regional public and private sector agencies, thereby ensuring sustained economic vitality and a vibrant community experience. Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted at its founding and in its early years. It is this superior level of quality development that Avon believes will be its comparative advantage in the future, and, therefore, will work to attract and promote these types of developments by ensuring Town plans and incentives are constructed in a manner which provides the development community clear and timely information; and by steadfastly maintaining a professional and solution-oriented municipal business. The Town will continue to value and support our full-time and part-time resident population by providing an exceptional level of municipal services and by working to retain existing businesses as the Town seeks to expand its retail and commercial base, while fostering our sense of community through both our spirit and the built environment. The importance of vibrancy and activity within the Town will be supported by attracting an array of new and diverse cultural and recreational events to Avon which are in concert with the values of our community and serve to nurture a cohesive sense of place and public. It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and efficiency in providing government services and a practiced belief in open and transparent governance that will lead the successful implementation of this vision for the growth and development of Avon.Page3 2017-18 STRATEGIC PLAN UPDATE February 14, 2017 Page4 Page4 Strategic Plan Fiscal Years 2017-18 SUPPORT A STRONG COMMUNITY, BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY The Town will continue to value and support our community through a strong and diverse economy, attentive to business retention and proactively partnering with the private sector to expand Avon’s retail and commercial base. The Town’s commitment to planning for future growth; openness to new community development trends; and, recognition of private property interests and the costs of doing business with the Town, sets forth a dynamic relationship for the successful construction of the built environment and business growth. RECENT SUCCESSES MEDICAL OFFICE BUILDING TCO/CO - ELEMENTARY SCHOOL STREET SAFETY IMPROVEMENTS - DEVELOPMENT OF E/WBC BLVD WALKABILITY DESIGN TEST & FINAL PLAN - WAYFINDING SIGNAGE - BUS SHELTER CONSTRUCTION – MARKETING PLAN COMPLETED – WILDRIDGE LOT SPLIT REGULATION UPDATE CURRENT CHALLENGES SHORTAGE OF AFFORDABLE LOCAL HOUSING FOR WORKERS & SENIORS - FEW HOUSING OWNERSHIP OPPORTUNITIES - CHANGING DEMOGRAPHICS OF THE SKI INDUSTRY & INCREASED COMPETITION STRATEGIES Tier 1 Priorities  Update the Comprehensive Plan for recommendation by the Planning and Zoning Commission for Council adoption. Adopted May 23, 2017  Upon adoption of the Comprehensive Plan, identify and prioritize which municipal and/or land use codes should be revised to fully implement the Plan, including but not limited to a re-evaluation of the Alternative Equivalent Compliance regulation to include a stronger nexus, with specific metrics for performance to the Climate Action Plan and Avon’s Housing Vision and Philosophy 3rd or 4th Q - 2017  Develop a Town of Avon neighborhood housing vision and philosophy statement to guide decisions of the Town Council in retaining and/or developing housing projects, including Tiny Home site locations Included in Comprehensive Plan Update – Adopted May 23, 2017  Develop diverse options for local working housing through partnerships On-going  Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with transit, parking and wayfinding  Bid and construct approved E/WBC Boulevard walkability plan in one or two phases depending on cost Bid documents will be issued on September 11: Bids Due on October 30; Council action November 14th; Construction in 2018  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. Consultant LSC will present to the PZC on August 1; Council action on August 8 and 22 (pending PZC recommendation on August 1)  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) 2017-18 STRATEGIC PLAN UPDATE February 14, 2017 Page5 Page5 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 Pilot projects completed with the Council direction to not provide Wildridge night service, continue deviated service loop provided for WBCB, Tipsy Taxi currently being researched  Determine funding for a Town of Avon internal late night bus Funded through November 1st  Participate in ECO initiatives such as late night bus service to serve workers, a Tipsy Taxi program, and transit consolidation Councilor Amy Phillips in ECO TDP effort  With consultant services, prepare master land use plans for Tract G, Lot 5 and Swift Gulch, building on the Stan Clauson Associates, November, 2015, initial plan. In the Tract G planning, evaluate expansion of the Recreation Center and a parking garage. Ensure increase access to the Eagle River and utilization of the river is included in the planning. Engage a citizen committee to serve as a stakeholder group for consideration of the relocation of the Hahnewald Barn, Blacksmith Shop and Cabin in the Town of Avon. The planning will be an inclusive process with the greatest civic engagement from the initial meetings through Planning and Zoning Commission recommending action and Council adoption hearings Consultant will present recommendation to PZC on August 1; Council action on August 8 and 22 (pending PZC recommendation on August 1)  Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home sizes. No action at this time  Work with local merchants on a bike sharing program and begin to work progressively with the Union Pacific Railroad to allow railbikes within the Avon Town limits Bike share pilot program to begin August 31; in partnership with Eagle County adding railbikes to County list of Union Pacific issues list  Analyze the current Real Estate Transfer Tax primary exemption of $160,000 as a mechanism to increase affordable opportunities for homeownership in Avon to support employee housing shortages for Avon businesses. In process: Retaining consultant to provide analysis Tier 2 Priorities  Evaluate the formation of a special improvement district to improve the facades of the Avon Center, Comfort Inn, First Bank, and other properties along E/W Beaver Creek Boulevard, including but not limited to landscaping, streetscape and beautification programs. Include development of public spaces in the district assessment. No action at this time  Map railroad right-of-way and Town easements to evaluate transportation options Map received; no other action at this time  Support Town Council efforts to develop a Sister City relationship Will proceed once Council direction is provided  Assess with the Union Pacific Railroad and communities adjacent to the rails, opportunities for a cross- country ski track from Edwards to Minturn In process: In partnership with Eagle County adding railbikes to County list of Union Pacific issues list On-going  Work proactively with the owners of vacant commercial property to find leaseholders and/or redevelopment projects and, when appropriate, 1) Utilize Urban Renewal Authority tax increments generated from the existing district or in a potential new Urban Renewal Authority district, and/or 2) Other economic development incentives including tax rebates, zoning amendments, etc.  Maintain a strong partner relationship with the Avon business community, developers, Vail Valley Partnership and the Vail Leadership Institute/Vail Centre Bi-annual business meetings scheduled 2017-18 STRATEGIC PLAN UPDATE February 14, 2017 Page6 Page6  Support the efforts of the Avon Business Association, when appropriate  Be aware and proactive in Town projects, programs and day-to-day work in the support, retention and development of inclusive neighborhoods, with specific attention to the needs and opportunities for the Avon Elementary School, such as hosting the spring graduation  In the Town’s Swim Program, when appropriate, include Homestake Elementary students in Avon’s school programs  Present the updated Town website at a Town Council meeting once completed Presented on May 9th  Throughout the year, Liaison Appointees and Town Manager will meet with respective principals for developments in the Town of Avon to discuss current issues, development needs and opportunities 2017-18 STRATEGIC PLAN UPDATE February 14, 2017 Page7 Page7 Strategic Plan Fiscal Years 2017-18 PRESERVE & ENHANCE THE NATURAL ENVIRONMENT Maintaining a strong foundation for the stewardship of Avon’s natural resources is a top commitment by the Town. Avon will promote sustainability through the funding of programs and projects to protect the Town’s and the regions clean waters and clean air. RECENT SUCCESSES UERWA UNALLOCATED POLICY ADOPTED – WATER ORIENTATON FOR TOWN COUNCIL – WILDFIRE COORDINATION WITH ERFPD FOR HOMEOWNER OUTREACH – MOUNTAIN STAR FUNDING AGREEMENT - CURRENT CHALLENGES POTENTIAL COLORADO WATER COMPACT CALLS & SHORTAGES - WILDFIRE POTENTIAL - POTENTIAL LONG-TERM DROUGHT IMPACTS - EAGLE RIVER PROTECTION - CLIMATE CHANGE - RESOURCE COST ESCALATION STRATEGIES Tier 1 Priorities  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 Council adopted Implementation Plan on March 28, 2017  Amend the Town’s landscape code to more effectively replace vegetation which has been removed In process, now also including water conservation criteria  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 Being considered with landscape code listed in the bullet above  Assess the Town's public tree stock in the park and in right-of-ways for timely replacement In process  Proactively ensure trees on public and private property do not host and spread viruses; remove dead trees with a well-developed landscape program In process; Council funded landscape plan, consultant work program being finalized for work this late summer/Fall  In planning for the new Police Station and Town Hall, adopt a paperless strategy to reduce waste and support files, etc. In process  Consider legislation to end the use of plastic bags and non-compostable take-out containers by retailers and restaurants in the Town of Avon In process: Council action planned prior to September 1st  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 In process Tier 2 Priorities  Consider adopting a “pay-as-you-throw” refuse system and evaluate franchise agreements for waste haulers County proceeding with continuation of regional recycling centers for 2018 - 2020  Develop a plan to improve the visual gateway and corridor along I-70 In process: Council work session held and direction given to staff 2017-18 STRATEGIC PLAN UPDATE February 14, 2017 Page8 Page8 On-going  Partner with Eagle County and its political jurisdictions to implement the Eagle County Climate Action Plan  Participate as a member of the Urban Run-off Group to evaluate and support, as appropriate, needed Eagle River improvements 2017-18 STRATEGIC PLAN UPDATE February 14, 2017 Page9 Page9 Strategic Plan Fiscal Years 2017-18 DEVELOP INCLUSIVE & DIVERSE ECONOMIC, EDUCATIONAL, RECREATIONAL & CULTURAL OPPORTUNITIES The importance of vibrancy and activity within the Town will be supported by partnering with existing special events and attracting an array of new and diverse cultural, educational and recreational events to Avon, which meet the Town’s brand and are in concert with the values of our community and serve to nurture a cohesive sense of place and public. RECENT SUCCESSES MAIN STREET MALL/PAVILION DIVERSE EVENT & FESTIVAL ACTIVATION - MAIN STREET MALL COMPLETION & ACTIVATION COMPLETION OF REGIONAL TRAIL AND METCALF CLIMBING LANE – EXPANSION OF MOBILE CART PROGRAM AND FOOD TRUCK PROGRAM AT NOTTINGHAM PARK - PLAYGROUND DESIGN COMPLETED WITH CITIZEN COMMITTEE – MARKETING PLAN COMPLETED – TRAILS MASTER PLAN UPDATED CURRENT CHALLENGES IDENTIFYING & NURTURING A DIVERSE & SUSTAINABLE YEAR-ROUND SCHEDULE OF CULTURAL EVENTS - SUMMER REVENUE, WHEN MEASURED BY SALES TAX, LAGS WINTER RECEIPTS STRATEGIES Tier 1 Priorities  Prepare, with consultant services, a GOCO grant to relocate and upgrade the Harry A. Nottingham Park Playground; with successful funding and grant match construct the new Destination Jump, Splash, Learn playground. Construction will commence after September 1, 2017  Continue to solicit, develop and fund, in partnership with qualified producers, a diverse program of vibrant arts, educational, cultural and recreational offerings at the Pavilion & Mall, as directed through the annual Town Council review of all offerings. In particular, seek to add live theater as a desired multi- day or evening festival. Expand use of the Pavilion in shoulder seasons to local band productions, which are low key and low budget, such as a battle-of-the-bands or open mike nights. Ad Hoc Special Events Commission to solicit events from July 10 – August 14th; recommendations to Council in October  Implement the adopted Avon Recreational Trails Plan as prioritized and adopted by the Avon Town Council, as soon as possible; pursue construction grants Currently in design  Pursue a Colorado Creative Arts District designation; budget and retain qualified consultant for development of a Strategic Plan, and, as needed, implementation of the plan Action plan presented to Council on May 23, 2017  Rebuild Eagle River Whitewater Park and seek to engage the Vail Valley Foundation in an activation program Fall rebuild; VVF not yet contacted Tier 2 Priorities  Build photo monuments around the commercial core to memorialize Avon’s history In process  Evaluate a Scientific and Cultural District to provide funding to Walking Mountains educational programming and Avon’s cultural activities No action yet taken 2017-18 STRATEGIC PLAN UPDATE February 14, 2017 Page10 Page10  Identify locations for the installation of outdoor percussion instruments, including pianos, and fund in the Capital Projects Fund, when feasible Pianos on Parade – first piano placed a Rec Center; 2nd piano identified for painting, percussion instruments recommended funding in 2018 budget  On-going  When approving Town funded or supported festivals and events which offer alcoholic libations, require that the sponsoring non-profit is an Avon community grant recipient or locally based nonprofit.  Evaluate the pros and cons of the Town of Avon using its liquor licenses as allowed for events at a Municipal Arts and Cultural Facility, which may include the Main Street Mall, new town hall, Harry A. Nottingham Park and the Avon Pavilion  Support regional World Class events and the Walking Mountains School  As appropriate, share the results of the Community Survey with potential business interests in terms of types of businesses and services desired in Avon  Maximize the grant resources available through potential sources available such as through the Office of Economic Development and International Trade, including its new Outdoor Industry Recreation Office; a Scientific & Cultural Facilities District, and Department of Local Affairs  Ensure a valley-wide events calendar is maintained through the Vail Valley Partnership  Be creative in activating the Town public ways with ideas such as bicycle pedal bars or a railroad trolley car  Schedule Council civic engagement opportunities at the Pavilion Green Room 2017-18 STRATEGIC PLAN UPDATE February 14, 2017 Page11 Page11 Strategic Plan Fiscal Years 2017-18 PROVIDE A RESPONSIVE, CUTTING-EDGE & EFFECTIVE GOVERNMENT Ensure that Town government is managed and operated as a competitive business and in a manner which is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in each department. Provide for the development of capital projects, which support the community-resort economy, and promote the Town brand through a five-year capital investment plan, utilizing appropriate funding mechanisms such as pay-as-you-go, new mill levy and/or current tax receipt long-term debt. Support a work culture that is flexible, innovative and resilient to change RECENT SUCCESSES COUNCIL STRATEGIC PLAN ADOPTED – POLICE STATION DESIGNED & BALLOT ISSUE FOR FUNDING APPROVED – PURCHASE OF NEW TOWN HALL - BALANCED BUDGETS/RESERVES MAINTAINED - CIVIC ENGAGEMENT PROGRAMS - EXPENDITURE SAVINGS - DEFFERED MAINTENANCE FUNDING CURRENT CHALLENGES CIVIC ENGAGEMENT OUTREACH CHALLENGES - LABOR FORCE COMPETITION - COMPETING FOR GRANTS FOR PUBLIC PROJECTS STRATEGIES Tier 1 Priorities  Complete construction of the new Police Station at the Public Safety Facility and staff relocation Scheduled to be completed in August 2017  With Design Committee oversight, complete construction of the new Town Hall and staff relocation 100% CD’s out for bid; Presentation of pricing to Council on August 8th; Move in date: February 2018  Expand the participation in the Second Annual Town Clean-up Day with earlier marketing and community picnic after the completion of the clean-up Completed; reconsider changing date to evening work day  Implement the Marketing Plan’s 2017 priorities: 1) Pool marketing resources among departments for cross promotion and integrated communication; 2) Develop partnerships with local and regional businesses to keep these entities updated on Town priorities and activities; 2) Continue Town Council festival booth outreach, host coffee chats and create stand-alone displays; 3) Evaluate 2016 wayfinding investments and expand for the visitor/resident experience; 4) Create a regional media strategy; 5) Focus social media by audience; and 6) Rebrand transit All in process except regional work  Monitor and adjust as needed the comprehensive community swim program initiated on November 1, 2016 at the Avon Recreation Center Presentation to Council on July 25th  Participate in the Mountain Connect broadband community; develop a program to ensure fiber is proactively developed in Avon as growth occurs Council action on broadband resolution on July 11th agenda for November ballot; phase 1 proposal received; RFQ if ballot passes; work towards being known as a Smart City  Identify location(s) and cost(s) for the development of one or more dog parks in Avon or nearby in partnership with Eagle-Vail Included in Town-owned properties study 2017-18 STRATEGIC PLAN UPDATE February 14, 2017 Page12 Tier 2 Priorities  In a collaborative work group, with Eagle County, its municipalities and major metropolitan districts, review Eagle County’s revenues and expenditures apportionment Information received from Eagle County; Town analysis will be prepared by same consultant evaluating RETT  Plan and budget for the development of Lot 5, in the Five Year Capital Improvements Plan, including adding a reserve line item for an equipment and vehicle storage facility and future office space To begin in 2018 budget  Invite Walking Mountains to evaluate biosphere enhancements to the northwest corner of Nottingham Lake No action taken; will follow Tract G master plan adoption On-going  Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails; appropriating deferred maintenance funds as required, and seeking long term debt approval, when appropriate  Provide strategic Council leadership, consistently practicing open and transparent government  Maintain and consistently evaluate a strong civic engagement program, including ad hoc committees, a triannual community survey, volunteerism program, etc.  Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient to economic fluctuations; transfer surplus funds to capital projects  Continue to develop annual department work plans, which are measurable and maintain accountability  Hold annual or bi-annual sessions in joint meeting settings with government partners  Upgrade the Town Hall Sound System, if improvements are transferable to the new Town Hall  Host a Ski with the Police Day at the Beaver Creek Resort as part of Avon’s Resort/Police Department agreement  Seek a naming sponsor for the Avon Performance Pavilion 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: Annexation of “East Avon Preserve” Parcel Work Session DATE: July 5, 2017 SUMMARY: This memorandum describes the process to annex the “East Avon Preserve” property into the boundaries of the Town of Avon (see Attachment A: Site/Vicinity Map). The East Avon Preserve is proposed for annexation because it is owned by the Town of Avon, adjacent to the Town’s boundaries and part of both the Town’s Trails Plan and the Village (at Avon) comprehensive development plan. Generally, it is common for municipalities to annex municipally owned land that is adjacent to its existing municipal boundaries. PROPERTY DESCRIPTION: The East Avon Preserve is 85.99 acres. A diagram of the East Avon Preserve is attached. The Municipal Annexation Act of 1965 (“Annexation Act”) requires that at least 1/6th of the perimeter of the East Avon Preserve must be contiguous with the boundary of the Town of Avon to be eligible for annexation. The attached Annexation Plat (See Attachment B: Annexation Map) indicates that 83.3% of the perimeter of the East Avon Preserve is contiguous with the existing Town boundaries. BACKGROUND: The Town of Avon acquired the East Avon Preserve from the U.S. Forest Service (along with the West Avon Preserve parcel) as part of the Eagle County multi-party land exchange in 2013. At that time, the Town of Avon was also negotiating the settlement of litigation with Traer Creek LLC, EMD Limited Liability Company (“EMD”) and Traer Creek Metropolitan District. The settlement included a Temporary Easement across the East Avon Preserve for the benefit of EMD to provide access to Planning Area I. Planning Area I is located across the Eagle River to the north from the Eagle-Vail Highway 6 commercial development. The Temporary Easement grants EMD the right to construct an access road across the East Avon Preserve to Planning Area I. This planned access was included in the original Village (at Avon) Planned Unit Development Plan approved by the Town when the Village (at Avon) property was annexed in 1998. The Temporary Easement exists until the access road is constructed. The Temporary Easement area includes a majority of the East Avon Preserve parcel (See Attachment C: Area Diagram). Due to the partnership with Eagle County for the multi-party land exchange, the Town of Avon and Eagle County entered into an intergovernmental agreement (“IGA”) whereby Avon agreed to impose a conservation easement on the East Avon Preserve after the road alignment and trails across the East Avon Preserve are determined. The relevant language in the IGA states: WHEREAS, the Town is not able to determine the specific alignment and location of such uses to be reserved from a conservation easement at this time but Town desires to make a commitment to the County that a conservation easement will be granted for the Village Parcel in the future and further desires to cooperate effectively with the County to promote the efficient achievement of important community goals for Eagle County residents, including but not limited to residents of the Town of Avon; and M EMORANDUM & PLANNING, LLC Avon Town Council East Avon Preserve Annexation July 5, 2017 Page 2 of 2 1. Future Conservation Easement. The Town agrees that Town will grant to Eagle Valley Land Trust, or other appropriate organization mutually acceptable to Town and County, a conservation easement (“Future Conservation Easement”) on the portion of the [East Avon Preserve] Parcel remaining after the determination of the location and alignment of roadways and trails and after determining the boundaries of a reserved area for affordable housing and community facilities. The Temporary Easement to EMD does not allow the Town of Avon to impose a conservation easement on the East Avon Parcel until such time as the access road across the East Avon Parcel to Planning Area I is determined. There are no known plans to commence design and engineering to construct an access road to Planning Area I, so the timeframe for determining an access road alignment is speculative and unknown. ANNEXATION PROCESS: The annexation process for municipally owned property is simplified. The Town is required to (1) adopt an ordinance annexing the property and (2) submit an “Annexation Impact Report” to the Board of County Commissioners of Eagle County. There is little anticipated impact because the majority of the property is planned for open space, passive recreation, an access road, and some potential affordable housing that is yet to be determined or planned. After adoption of the ordinance, the Town must execute and file three copies of the ordinance and Annexation Plat with the Clerk and Recorder for Eagle County. ZONING: The Town is required to zone the East Avon Preserve within 90 days after the effective date of the annexation. The annexation Ordinance takes effect 30 days after adoption, so the Town has 120 days to take action to zone the property. Town Staff is recommending the Public Facility zone district for the 6.5 acres in the Northwest corner and the Parks zone district the remainder of the property. Town staff would process the annexation and zoning applications concurrently, which is common. REQUESTED DIRECTION: Unless Town Council has concerns or desires more information, Town staff will proceed with preparing an Annexation Application, Ordinance to Annex the East Avon Preserve parcel, a Zoning Application, and an Ordinance to Zone the East Avon Preserve parcel. Thank you, Eric ATTACHMENTS: A – Site/Vicinity Diagram B – Annexation Map C – Temporary Easement Area Depiction ATTACHMENT A: Site/Vicinity Map ATTACHMENT B: Annexation Map ATTACHMENT C: Temporary Easement Area WRITTEN REPORT To: Honorable Mayor and Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: July 11, 2017 Topic: Town Code Requirement for Gift Reporting and Disclosure Report The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. Please find attached the Town Clerk Gift Reporting Disclosure Report for June 2017, which lists 1) Fourteen (14) VIP passes to the CoverRock Music Festival on June 23rd and 24th, and 2) Fourteen (14) VIP passes to the 16th Annual Beaver Creek Rodeo Series this summer. Town Council is not required to take any action; however, any Town Council member may request Council consideration of a reported gift to determine whether such gift constitutes a conflict of interest. Town of Avon Town Clerk Disclosure Report In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Debbie Hoppe, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: 1. 2016 CoverRock Music Festival VIP Tickets – The Town Council received fourteen (14) two-day VIP passes to the CoverRock Music Festival on June 23rd and 24th. Each member of Council received two (2) passes, one provided for the purpose of reviewing the event for production and for any future funding request, and the second provided as a gift for a guest. Each pass is valued at $189.00. 2. 16th Annual Beaver Creek Rodeo Series VIP Passes – The Town Council received fourteen (14) VIP passes to the 16th Annual Beaver Creek Rodeo Series this summer. Each member of the Council received two (2) passes, one provided for the purpose of reviewing the event for any future funding request, and the second provided as a gift for a guest. With individual VIP tickets valued at $27.00 and there being seven (7) total rodeo events scheduled, the total value of each pass is $189.00. Submitted to the Avon Town Council on July 11, 2017. _________________________________ Debbie Hoppe, Town Clerk