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TC Packet 07-25-2017
TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JULY 25, 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 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 25, 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. TOWN OF AVON RECREATION DEPARTMENT COMMUNITY SWIM PROGRAM PRESENTATION (RECREATION DIRECTOR JOHN CURUTCHET) (25 MINUTES) 6. WORK SESSION 6.1. COUNCIL DIRECTION REGARDING PROHIBITING SMOKING AT ANY OUTDOOR TOWN VENUE DURING A TOWN SPONSORED SPECIAL EVENT (COUNCILOR SCOTT PRINCE) (15 MINUTES) 6.2. COUNCIL DIRECTION REGARDING HARRY A. NOTTINGHAM BEACH PARKING (RECREATION DIRECTOR JOHN CURUTCHET) (20 MINUTES) 7. ACTION ITEMS 7.1. PUBLIC HEARING ACTION ON AN OUTDOOR USE OF AMPLIFIED SOUND PERMIT FOR THE BEC TRI EVENT ON AUGUST 5, 2017 (VAIL VALLEY CHARITABLE FUND – C. MICHELLE MALOREY) (20 MINUTES) _______________________________________________________________________________ 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 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JULY 25, 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 7.2. RESOLUTION 17–16 ADOPTING THE TOWN OF AVON 2017 – 2019 STRATEGIC PLAN (TOWN MANAGER VIRGINIA EGGER) (25 MINUTES) 7.3. 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 (COUNCILOR SCOTT PRINCE) (10 MINUTES) 7.4. CONSENT AGENDA (5 MINUTES) 7.4.1. APPROVAL OF RESOLUTION 17-17 SWIFT GULCH WATER AND SEWER EASEMENTS (TOWN ENGINEER JUSTIN HILDRETH) 7.4.2. APPROVAL OF TOWN MANAGER EMPLOYMENT AGREEMENT (TOWN ATTORNEY ERIC HEIL) 7.4.3. APPROVAL OF MINUTES FROM JULY 11, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) 7.5. RESOLUTION 17-15 ADOPTING A TOWN COUNCIL CODE OF CONDUCT (CIRSA GENERAL COUNSEL TAMI TANOUE & TOWN ATTORNEY ERIC HEIL) (90 MINUTES) 8.WRITTEN REPORTS 8.1. SUMMARY OF UPPER EAGLE REGIONAL WATER AUTHORITY JUNE 22, 2017, REGULAR BOARD MEETING 8.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON) 8.3. GIFT REPORTING – LYLE LOVETT AND HIS LARGE BAND GENERAL ADMISSION TICKETS (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 9.MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) 10.ADJOURNMENT _________________________________________________________________________ *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor 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. _______________________________________________________________________________ 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 TOWN OF AVON MEETINGS FOR TUESDAY, JULY 25, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET 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: SUICIDE PREVENTION COALITION OF EAGLE VALLEY – SPEAK UP REACH OUT EVENT NAME: AVON LIVE! SUMMER CONCERT EVENT DATE: AUGUST 16, 2017; 2:00 P.M. UNTIL 11:00 P.M. LOCATION: PERFORMANCE PAVILION/NOTTINGHAM PARK EVENT MANAGER: ERIN ELIZABETH IVIE PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 4.2. APPLICANT NAME: BRIGHT FUTURE FOUNDATION OF EAGLE COUNTY EVENT NAME: AVON LIVE! SUMMER CONCERT EVENT DATE: AUGUST 30, 2017; 2:00 P.M. UNTIL 11:00 P.M. LOCATION: PERFORMANCE PAVILION/NOTTINGHAM PARK EVENT MANAGER: CASEY ANGEL PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 4.3. APPLICANT NAME: TOWN OF AVON EVENT NAME: TENTH MOUNTAIN STORYTELLERS EVENT DATES: AUGUST 18, 2017; 5:00 P.M. UNTIL 10:00 P.M. AUGUST 19, 2017; 12:00 P.M. UNTIL 10:00 P.M. LOCATION: PERFORMANCE PAVILION/NOTTINGHAM PARK EVENT MANAGER: CASEY WILLIS PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 5. REPORT OF CHANGE – TAVERN CONVERSION 5.1. APPLICANT: NOVA ENTERTAINMENT, LLC D/B/A LOADED JOE’S LOCATION: 82. E. BEAVER CREEK BLVD. TYPE: TAVERN CONVERSION TO HOTEL AND RESTAURANT MANAGER: KENT BEIDEL 6. MINUTES FROM JULY 11, 2017 7. ADJOURNMENT _______________________________________________________________________________ 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 LIQUOR LICENSING AUTHORITY REPORT To: Avon Liquor Licensing Authority From: Debbie Hoppe, Town Clerk Meeting Date: July 25, 2017 Agenda topic: SPECIAL EVENTS PERMIT APPLICATION – PUBLIC HEARING ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY A Special Event Permit Application for the upcoming Avon LIVE! Summer Concert Series is presented to the Avon Local Liquor Licensing Authority for its consideration. A public hearing is required before final action is taken. Applicant Name: Bright Future Foundation for Eagle County Event Name: Avon LIVE! Summer Concert Series Event Date: August 30, 2017; 2:00 p.m. until 11:00 p.m. Location: Performance Pavilion/Nottingham Park Event Manager: Casey Angel Permit Type: Malt, Vinous & Spirituous Liquor PROPOSED MOTION “I move to approve the Special Event Permit application for Bright Future Foundation Avon LIVE! Summer Concert Series on August 30, 2017.” NOTE: a motion to deny a special event permit must state the grounds for denial in accordance with required statutory findings. SUMMARY Please note that the Avon Local Liquor Licensing Authority has already approved, at the June 13, 2017 Avon Liquor Authority Meeting, a Special Event Permit application for Bright Future Foundation Avon LIVE! Summer Concert Series on August 2, 9, and 23, 2017. The Applicant erroneously filed for August 9th, a night when the Town will host the Vail Dance Festival. This application is for the correct date of August 30th. The Applicant has submitted the appropriate materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. The Nottingham Park premise has been posted with notice of the public hearing for this application. The event manager will be present to answer questions about the application. The Applicant has submitted the appropriate local liquor license special event permit application fees. The Applicant is a Charitable Organization in good standing with the Secretary of State, State of Colorado. The Applicant has provided adequate proof of commercial liability insurance that meets the Town’s requirements. The background check of the event manager indicated no criminal violations. These documents are on file in the Town Clerk’s office. Special Event Liquor Permit – Avon LIVE! BACKGROUND Special events permits are issued by the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Avon has adopted the local option whereby applications are made directly to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a single day. A nonprofit entity and the Town of Avon may receive a maximum of 15 special event permits per calendar year. There is no required finding for the issuance of a special event permit. CRS §12-48-106 states the grounds for denial of a special event permit application as follows: “The state or local authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws.” SPECIAL EVENTS PERMIT APPLICATIONS ATTACHMENTS: The Applicant for the special event permit has submitted the following materials: Application for a Special Event Permit (State form DR 8439) Alcohol Management Plan Diagram where liquor will be served Special Event Liquor Permit – Avon LIVE! REPORT TO LIQUOR LICENSING AUTHORITY To: Honorable Mayor Jennie Fancher and Avon Town Council From: Debbie Hoppe, Town Clerk Meeting Date: July 25, 2017 Agenda Topic: Report of Change - Tavern Conversion PROPOSED MOTION I move to approve (or deny stating the reasons for denial) the Report of Change - Tavern Conversion for Nova Entertainment, LLC d/b/a Loaded Joe’s. ACTION BEFORE COUNCIL Town Council acting as the Local Liquor Licensing Authority is asked to consider the Report of Change –Tavern Conversion for Nova Entertainment, LLC d/b/a Loaded Joe’s. BACKGROUND Last year Governor John Hickenlooper signed House Bill 16-1439, creating a Lodging and Entertainment Facility license for tavern liquor licenses that do not meet the State’s definition of a Tavern liquor license. 12-47-103(38) – Tavern means an establishment serving alcohol beverages in which the principal business is the sale of alcohol beverages at retail for consumption on the premises and where sandwiches and light snacks are available for consumption on the premises. The State is allowing Tavern liquor licenses to convert to a Lodging and Entertainment Facility liquor license or another qualified liquor license. The State is allowing qualified Tavern liquor license to apply to their Local Licensing Authority using a DR 8442 free of charge. However, this ‘one time offer’ expires August 10, 2017. If the licensee decides to change their Tavern liquor license to another class of license after August 10, 2017, they will need to pay all the application and license fees. Loaded Joe’s is converting the existing Tavern license to a Hotel and Restaurant license. 12-47-411. Hotel and restaurant license - definition - rules. (1) Except as otherwise provided in subsection (2) of this section, a hotel and restaurant license shall be issued to persons selling alcohol beverages in the place where the alcohol beverages are to be consumed, subject to the following restrictions: (a) Restaurants shall sell alcohol beverages as provided in this section only to customers of the restaurant and only if meals are actually and regularly served and provide not less than twenty- five percent of the gross income from sales of food and drink of the business of the licensed premises over any period of time of at least one year. (b) Hotels shall sell alcohol beverages as provided in this section only to customers of the hotel and, except in hotel rooms, only on the licensed premises where meals are actually and regularly served and provide not less than twenty-five percent of the gross income from sales of food and drink of the business of the licensed premises over any period of time of at least one year. (c) Any hotel and restaurant licensee who is open for business and selling alcohol beverages by the drink shall serve meals between the hours of 8 a.m. and 8 p.m. and meals or light snacks and sandwiches after 8 p.m.; except that nothing in this paragraph (c) shall be construed to require a licensee to be open for business between the hours of 8 a.m. and 8 p.m. ATTACHMENT: Permit application and report of changes (State form DR 8442) Page 2 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 11, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Matt Gennett, Amy Phillips, Megan Burch. Scott Prince was absent. Jake Wolf arrived at 5:02 p.m. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy Chief Coby Cosper, Recreation Director John Curuchet, 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 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 The application was presented by Char Gonsenica, who was present to answer questions and talk about the event. Chairwoman Fancher opened the public hearing and no comments were made. Board member Wolf moved to approve the special event permit on for Eagle Valley Humane Society Dancing in the Park event on July 31, 2017 and August 9, 2017. Board member Phillips seconded the motion and it passed unanimously by those present. Board members Prince was absent. 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 Chairwoman Fancher opened the public hearing and no comments were made. Board member Wolf moved to approve the special event permit application for the Roundup River Ranch Alpine Bank 20th Anniversary on September 20, 2017. Board member Gennett seconded the motion and it passed unanimously by those present. Board member Prince was absent. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 11, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 5. RENEWAL OF LIQUOR LICENSES Start time: 04:38 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 The application was presented with no concerns. Tyler Dockstader gave a brief update of the past year. Vice Chairwoman Smith Hymes moved to approve the renewal application for CTK, LLC d/b/a Chronic Taco’s. Board member Phillips seconded the motion and it passed unanimously by those present. Board member Prince was absent. 5.2. Applicant: Y&Z, Inc. d/b/a Nozawa Sushi & Kitchen Location: 240 Chapel Place Type: Hotel and Restaurant Manager: Jennifer Brosch The application was presented with no concerns. Jennifer Brosh said that Nozawa has been very busy and had great feedback from the events in the park. Board member Phillips moved to approve the renewal application for Y&Z, Inc. d/b/a Nozawa Sushi & Kitchen. Board member Gennett seconded the motion and it passed unanimously by those present. Board member Prince was absent. 7. MINUTES FROM JUNE 13, 2017 Start time: 07:48 Vice Chairwoman Smith Hymes moved to approve the minutes from June 13, 2017, Liquor Authority meeting. Board member Burch seconded the motion and it passed unanimously by those present. Board members Prince was absent. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 11, 2017 AVON TOWN HALL, ONE LAKE STREET Page 3 8. ADJOURNMENT There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the liquor meeting. The time was 5:08 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 and Town Council From: John Curutchet, Director of Recreation Meeting Date: July 25, 2017 Agenda Topic: Community Swim Program Presentation ACTION BEFORE COUNCIL Council asked that I provide an update on the Town’s Community Swim Program. No action is proposed, but I welcome any direction for the program. BACKGROUND A PowerPoint presentation has been prepared and is included in the Council packet to provide an update on The Town of Avon Community Swim Program. The presentation will include information and discussion on the following topics: • Learn to Swim Programs • Swim Team • Program Revenue • Program Expense • New this Fall • Noteworthy Accomplishments • Testimonial Video COMMUNITY SWIM PROGRAM Recreation Department Update Learn to Swim Programs Swim Team Program Revenue Program Expense New this Fall Noteworthy Accomplishments Testimonials TOWN OF AVON COMMUNITY SWIM PROGRAM All children have the ability to learn to swim. All swimmers should have an opportunity to improve swimming skills and achieve success at his or her level of ability, from novice to competitor. Learn to Swim Participation 2017 YTD Learn to Swim and Private Lesson Program: 272 Private Lessons 186 Semi-private Lessons 53 Competitive Lessons 15 Semi-Private Competitive Lessons 169 enrolled in Group Lessons 20 enrolled at no cost from the Financial Assistance Program Five enrolled at a reduced cost from the Financial Assistance Program Swim Team Participation Seventy-two total swimmers enrolled since January Nine enrolled at a free or reduced cost Twenty-four active USA swimmers,(Changed name to Avon Narwhals from Vail Hurricanes) Fifteen active Rec swimmers Three active Prep swimmers Program Revenue Learn to Swim Revenue: Swim Team Revenue: Total YTD Program Revenue: $23,905 $14,199 $38,104 Program Expense Detail Part-time Swim Instructors: Part-Time Swim Coach Full Time Supervisor salary & benefits Coaches travel and meal expense Total YTD Program Expense: YTD PROGRAM NET INCOME*: * Adopted 2017 Budget estimated Town subsidy of ($41,685.) $ 8,858 $ 2,475 $33,415 $ 2,275 $47,023 ($8,919) New this Fall Avon Elementary School Learn to Swim Program Four days of learn to swim for first, third and fifth grades Upwards of 180 students will go through our program’s learn to swim progression of skills Noteworthy Accomplishments Swimmer: Event: January Time: Current Time: Time Dropped: Kylee 50 Free 27.88Y 26.18Y 1.70 Sec 100 Free 1:01.93Y 57.69Y 4.24 Sec 200 Free 2:16.45Y 2:07.46Y 8.99 Sec 500 Free 5:59.32Y 5:50.93Y 8.39 Sec 100 Fly 1:13.48Y 1:06.65Y 6.83 Sec 200 IM 2:38.78Y 2:29.70Y 9.08 Sec 100 Breast 1:30.96Y 1:26.37Y 4.59 Sec 100 Back 1:14.58Y 1:10.70Y 3.88 Sec Ross 50 Free 29.66Y 27.96Y 1.70 Sec 100 Free 1:03.84 Y 1:01.08Y 2.76 Sec 200 Free 2:14.90Y 2:10.12Y 4.78 Sec 500 Free 6:07.73Y 5:55.68Y 12.05 Sec 50 Fly 37:84Y 33.32Y 4.52 Sec 200 IM 2:48.08Y 2:46.83Y 1.25 Sec 100 Breast 1:20.80Y 1:18.22Y 2.58 Sec 100 Back 1:11.02Y 1:07.26Y 3.76 Sec Henry 50 Free 36.80Y 33.58Y 3.22 Sec 100 Free 1:23.45Y 1:14.39Y 9.06 Sec 200 Free 3:04.71Y 2:44.36Y 20.35 Sec 200 IM 1:32.07Y 1:28.55Y 3.52 Sec 100 Breast 1:43.68Y 1:42.81Y 0.87 Sec 50 Back 50.67L 47.03L 3.64 Sec Hannah 50 Free 37.20Y 33.49Y 3.71 Sec 100 Free 1:18.57Y 1:14.55Y 4.02 Sec 200 Free 2:59.31Y 2:40.03Y 19.28 Sec 500 Free 7:48.48Y 7:11.70Y 36.78 sec 200 IM 3:13.91Y 3:05.15Y 8.76 Sec 100 Breast 1:43.70Y 1:35.87Y 7.83 Sec Paris 50 Free 32.31Y 31.25Y 1.06 Sec 100 Free 1:14.97Y 1:12.89Y 2:08 Sec 50 Back 38.39Y 37.01Y 1.38 Sec 100 Breast 1:31.46Y 1:30.70Y 0.76 Sec 100 IM 1:23.31Y 1:19.76Y 3.55 Sec Axel 50 Free 40.44Y 35.73Y 4.71 Sec 200 Free 3:19.18Y 3:17.98Y 1.20 Sec 50 Back 52.90L 51.19L 1.71 Sec 50 Fly 50.92Y 48.88Y 2.04 Sec Breck 50 Free 34.17Y 31.82Y 2.35 Sec 100 Free 1:19.74Y 1:11.56Y 8.18 Sec 200 Free 2:48.72Y 2:43.33Y 5.39 Sec 500 Free 7:15.11Y 7:10.16Y 4.95 Sec 50 Fly 44.43Y 40.53Y 3.90 Sec 100 IM 1:33.35Y 1:27.89Y 5.46 Sec 50 Breast 53.18Y 47.52Y 5.66 Sec 50 Back 40.68Y 35.24Y 5.44 Sec 100 Back 1:23.42Y 1:20.45Y 2.97 Sec Tyson 50 Free 41.79Y 37.82Y 3.97 Sec 100 Free 1:42.69Y 1:26.20Y 16.49 Sec 50 Fly 59.38Y 54.80Y 4.58 Sec 50 Breast 57.61Y 54.42Y 3.19 Sec 100 Breast 2:14.13Y 1:58.97Y 15.16 Sec 50 Back 50.99Y 49.00Y 1.99 Sec Team Results: Combined: Boys: Girls: Notes: January 2017 CO MAValanche Invitational 7th out of 10 teams 6th out of 10 teams 8th out of 8 teams March 2017 CO CSI SC Age Group Championships 33rd out of 44 teams 25th out of 34 teams N/A *Aspen took 27th May 2017 CO CUDA- STAR Long Course Open N/A 5th out of 21 teams N/A *Had over 1000 Swimmers in attendance June 2017 CO Grand Junction Invite 10th out of 28 teams 8th out of 21 teams 24th out of 25 teams * 11 total swimmers, 7 boys/4 girls * Many meets do not do team scores Testimonial Video TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Assistant to the Town Manager Meeting Date: July 25, 2017 Agenda Topic: COUNCIL DIRECTION REGARDING PROHIBITING SMOKING AT ANY OUTDOOR TOWN VENUE DURING A TOWN SPONSORED SPECIAL EVENT ACTION BEFORE COUNCIL Council is asked to discuss and provide direction to staff on a proposal to prohibit smoking at any outdoor Town venue during a Town sponsored event, whether free or ticketed. BACKGROUND At the June 13, 2017 Council meeting, Councilor Scott Prince requested a discussion about smoking at Town sponsored special events. The majority of Council members agreed to place this as an item on a Council meeting agenda. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Members of Avon Town Council From: John Curutchet, Recreation Director Meeting Date: July 25, 2017 Agenda Topic: Council Direction Regarding Harry A. Nottingham Beach Parking BACKGROUND Harry A. Nottingham Park and lake is truly a unique asset to the Town of Avon and to Eagle County. The beach was created in 2014 to further our leverage as a destination for visitors, and also to create more recreational opportunities for our local population. The north side beach area features: Two sand volleyball courts, a nine-hole disc golf course, barbeque grills, and a sand beach with SUP and pedal boat rentals available. Nottingham Park visitation and activities have increased significantly over the last three years and beach access parking is in high demand. Past summer seasons successfully offered parking opportunities at Lot 16, with some drop-off only spaces, and parking on the south side of West Beaver Creek Boulevard. Last summer parking along the road never exceeded 50 cars on any give n day. A Code Enforcement Officer was hired to oversee park and beach rules for dogs, alcohol and parking at the park and at the West Avon Preserve. 2017 PARKING Initial Parking Program: As the beach opened this spring, the Town staff Park Leadership Team (Park Team) implemented the 2016 beach parking plan: • Lot 16 parking lot – south spaces (5) for drop-off and handicap parking; north spaces for unlimited parking (8 spaces) • South side of West Beaver Creek Boulevard for on-street parking • Code Enforcement Officer hired Changes to Initial Parking Program: Immediately, staff saw increased parking demand for access to the beach, and made the following changes: • Lot 16 Load/Unload Only: Recognizing the need for a safe space for loading, unloading and getting children to and from vehicles, the Park Team designated Lot 16 as load, unload, drop-off only. The creation of a space for the aforementioned activities enables a family to unload gear and children in the lot, set up on the beach then have one adult return, and park the car safely. Page 1 of 4 • Move Parking to Northside of WBC: Resident feedback surfaced this year and provided valuable insight that on-street parking of the south side of the street creates a visual barrier for residents wishing to exit their residence onto West Beaver Creek Blvd. In a response to this information from our residents, the Park Team recently visited the West Beaver Creek parking site and determined that with a cross walk, proper signage and VMS information, we have the ability to park more cars on the north side without creating a visual obstruction for residents driving out of their respective homes. Monitoring and Code Enforcement: The Park Team, police officers and the Police Department Code Enforcement Officer have monitored the plan actively and found that: • There is no congestion in Lot 16 and the drop-off/pick-up program is very safe • Cars parked along the north side of the road has eliminated the south side visibility problem • Cars are traveling slowly with the north side parking; no citations have been given for speeding (it is an street design principle that road/street side parking reduces speeding and drivers are aware of paying attention to traffic drive lane activity • 107 cars parked on Saturday, July 15th – the highest number ever parked; an estimated 80% were with children • There is abundant open parking available in Town parking lots near the park. See survey data from Sunday, July 16th in Attachment A. o Lot 16 is the closest parking to the beach (400 LF) o WBCB parking can add as much as 500 LF to the beach for a distance of 900 LF o The Recreation Center parking lot is 1,200 LF to the beach o The Town Hall west parking lot is 1,400 LF to the beach REQUEST FOR COUNCIL DIRECTION Citizen feedback provided to Town Council over the weekend of July 15-16, stated concerns about the driver/parking conflicts with children, and has recommended spaces in Lot 16 be opened to family parking; and, that the Town construct a dirt path along the north side to reduce the pedestrian/road conflict. The Park Leadership Team takes safety of the parking program seriously and believes better signage and parking information should be done. In monitoring the parking allowance on WBCB, as currently implemented, the Park Team believes it is successful and meets best practices for safety, in both design and general rules of the road. Signage and enforcement are important elements to ensure the parking is safe. With citizen input, however, we wish to review the program with the Town Council, seeking direction for any changes the Council would like see implemented. Options for beach parking: Several options exist for beach parking. Staff has outlined the following parking options for discussion and consideration: Option One Eliminate parking on West Beaver Creek Blvd. There are many open parking spaces at the Town parking lots, listed in Attachment A, which can meet all or most of the beach demand. These are farther walking distances, but may not be any farther than from any ski area parking lot to the gondola. Exploring the option of offering “red” wagons to transport gear to and from the beach may be an option. Parking available at the following lots: Page 2 of 4 Option Two Continue to allow on-street parking on the north side of the street. Lot 16 remains drop off and pick up only. Improve signage, wayfinding and notification of pedestrian traffic along West Beaver Creek Blvd. Option Three Change Lot 16 to only offer three parking spots for drop off/pick up. Provide the balance of the spaces (14) for “families only parking”. • Sign FAMILY PARKING ONLY, and allow self-monitoring and self-definition that the car has a “family”; or • Provide permits at Town Hall. Charge a small administrative fee; trust the purchaser that he/she has a family defined as one or more children under the age of seven. Permits must be visible in the vehicle; first come, first serve parking. North side on-street parking remains available. Option Four • Relocate in 2018 the ditch that runs along the north side of West Beaver Creek Boulevard and create a walking path. • Change Lot 16 to have “family parking” as described in Option Three. • Consider increasing police enforcement on WBCB on the weekends to full-time. Future plans may include speed tables and the possibility of a more delineated north side path STAFF RECOMMENDATION Staff believes that on street parking is a standard practice and parking the north side of West Beaver Creek Boulevard is a functional and viable program. Option Two is recommended with already-implemented enhanced signage and increased notifications to motorists. Page 3 of 4 ATTACHMENT A PARKING LOT COUNTS: JULY 16, 2017 • W Beaver Creek Blvd from Lake Street West o 1200 hours 7 open spaces, o 1400 hours 4 open spaces, o 1600 hours roughly 50 open spaces • Lake Street o 1200 hours 9 open spaces, o 1400 hours 6 open spaces, o 1600 hours 24 open spaces • Recreation Center o 1200 hours 54 open spaces, o 1400 hours 50 open spaces, o 1600 hours 49 open spaces • W. Beaver Creek Blvd from Lake Street East o 1200 hours 21 open spaces, o 1400 hours 15 open spaces, o 1600 hours 20 open spaces • Upper Municipal building lot, o 1200 hours 8 open spaces, o 1400 hours 9 open spaces, o 1600 hours 17 open spaces • Lower Municipal building lot, o 1200 hours 8 open spaces, o 1400 hours 3 open spaces, o 1600 hours 27 open spaces • Skier building, o 1200 hours, 13 open spaces, o 1400 hours 12 open spaces, o 1600 hours 16 open spaces • Benchmark (Fire Station), o 1200 hours 5 open spaces, o 14 hours 7 open spaces, o 1600 hours 5 open spaces Peak afternoon weekend parking on West Beaver Creek • Sunday July 16, 2017: 107 vehicles parked on West Beaver Creek Boulevard. Page 4 of 4 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Casey Willis, Manager of Special Events Meeting Date: July 25, 2017 Agenda Topic: Public Hearing for Outdoor Use of Amplified Sound Permit for Bec Tri 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 on Saturday, August 5, 2017, from 6:00 a.m. to 11:00 a.m. as requested by Vail Valley Charitable Fund for the Bec Tri event. PROPOSED MOTION I move to approve the Outdoor Use of Amplified Sound Permit for the Vail Valley Charitable Fund, on Saturday August 5, 2017, from 6:00 a.m. to 11:00 a.m. BACKGROUND A public hearing is required for an Outdoor Use of Amplified Sound Permit for events that will be using amplified sound systems before 9:00 a.m. or after 8:00 p.m. in Nottingham Park, including the 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 25, 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. ATTACHMENT Application for Outdoor Use of Amplified Sound Equipment TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger, Town Manager Meeting Date: July 25, 2017 Agenda Topic: Action on Resolution 17-16 Adopting the Town of Avon 2017-19 Strategic Plan ACTION BEFORE COUNCIL Council is asked to review, make any changes and adopt the Town of Avon 2017-19 Strategic Plan. RECOMMENDED MOTION Once Council has finalized its review and provided any modifications, the appropriate motion to be considered is: I move to approve Resolution 17-16 Adopting the Town of Avon 2017-19 Strategic Plan. BACKGROUND Please find attached Resolution 17-16 Adopting the Town of Avon 2017-2019 Strategic Plan. The Strategic Plan is the culmination of Council’s direction at the July 11, 2017, work session, plus additions as discussed below. The document begins with the Purpose of the Strategic Plan and Vision, which is stated in the Town of Avon Comprehensive Plan, adopted on May 23, 2017. Four key outcomes are identified in the document to meet the Vision. Each outcome includes a summary of Recent Successes and Current Challenges, which have been updated, followed by the strategies to implement the desired outcome. The strategies are prioritized as either a Tier 1 or Tier 2 project, followed by On-going work. Strategies have been updated based upon the July 11th work session Council Report, including the 2nd Quarter Strategic Plan Update. Strategies, highlighted in yellow, are specific new directions from Town Council offered during the work session. Strategies, highlighted in blue, indicate a change of placement in the document; and those in green highlight indicate new staff recommendations for your consideration. Once the Strategic Plan is adopted, the Town’s Leadership Team and I will prepare and recommend a budget to you to implement the strategies. Immediately after the budget is approved respective staff prepares work plans, which detail the timing and approaches to complete the work. ATTACHMENT Resolution 17-19 TOWN OF AVON, COLORADO RESOLUTION 2017 - 16 ADOPTING THE TOWN OF AVON 2017 - 2019 STRATEGIC PLAN WHEREAS, the Avon Town Council participated in a work session on July 11, 2017, in order to discuss and identify the priorities, strategic work and future direction for the Town; and WHEREAS, the Avon Town Council has set forth its direction in the attached Town of Avon 2017-2019 Strategic Plan; and WHEREAS, the Avon Town Council has reviewed this document at its regular Town Council meeting on July 25, 2017, in order to provide opportunities for the public to comment on the proposed Town of Avon 2017-2019 Strategic Plan; and WHEREAS, the Town Council has committed to quarterly progress reviews of the Town of Avon 2017-2019 Strategic Plan, to evaluate success, and to consider any needed amendments. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Avon Town Council adopts the attached Town of Avon 2017-2019 Strategic Plan, as a critical implementation tool to help guide the Town in achieving a successful and vibrant vision for the growth and development of Avon. ADOPTED AND APPROVED by the Avon Town Council this 25th day of July, 2017. By: _________________________________ Attest: ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk TOWN OF AVON 2017-2019 STRATEGIC PLAN Adopted by the Avon Town Council Resolution 17-16, Series of 2017 July 25, 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. Updated each year to reflect the priorities of the Town Council, the adopted Strategic Plan provides the Avon community information about the important work planned by the Town, over the planning period. 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. The Comprehensive Plan is the key leadership planning document of the Town and leads the Strategic Plan’s Vision, with the identification of tactical actions to meet the Vision. 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 and through a Community Survey. 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. A Community Survey is planned again for 2018. The Strategic Plan is organized as follows: The Strategic Plan Vision 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. The Vision is directed by the Comprehensive Plan. 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. 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page3 Strategic Plan Vision “Avon’s vision is 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. 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page4 Strategic Plan Fiscal Years 2017-19 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; to ensuring there is a hierarchy of built forms to reflect the importance of the Town Center; an 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 ADOPTION OF THE AVON COMPREHENSIVE PLAN –APPROVAL OF BEAVER CREEK BLVD FINAL DESIGN – WEBSITE UPDATED – LOT B HOTEL APPROVAL – EAGLEBEND FINANCING – BENCHMARK COVENANTS TERMINATION - BUS PILOT TESTS, DEVIATED LOOPS & FUNDING OF EVENING SERVICE – ZAGSTER BIKE SHARE PROGRAM - VALLEY HOME STORE MANAGEMENT AGREEMENT – FRANCHISE AGREEMENT - NOVEMBER 2017 BALLOT QUESTION FOR BROADBAND EXEMPTION CURRENT CHALLENGES SHORTAGE OF AFFORDABLE LOCAL HOUSING FOR WORKERS & SENIORS - FEW HOUSING OWNERSHIP OPPORTUNITIES – APPROVALS & OPPORTUNITIES WITH THE RAILROAD - CHANGING DEMOGRAPHICS OF THE SKI INDUSTRY & INCREASED COMPETITION STRATEGIES Tier 1 Priorities 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 Goals Meet the Comprehensive Plan Housing goals to 1) Achieve a diverse range of housing densities, styles and types, including rental and for sale, to serve all segments of the population; and 2) Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental an ownership opportunities, which are affordable for local working families. Town of Avon Properties Development Strategies: Finalize in 2017, through the PZC recommendation process and Council adoption process the preparation of development strategies 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 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page5 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 adoption hearings Develop an implementation plan once adopted. In the interim, construct cleaning and minor facility upgrade budgets for Fire Station 7 and the Wildridge Fire Station for renting to workers and/or working families in late 2017/2018, with consideration of terms which allow for future renovation Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with transit, parking and wayfinding Beaver Creek Boulevard – Walkability/Bike/Pedestrian/Vehicle Redesign: Bid project in fall of 2017; Construct in 2018, pending bid approval 2017 Town of Avon Multimodal Transportation and Parking Plan – Finalize PZC recommendation and program Council action for adoption in the summer/fall of 2017 Nottingham Road/I-70-Avon Road Underpass Improvements – Design 1) Nottingham Road drainage improvements to mitigate mud and debris flows; 2) Pedestrian safety improvements including crosswalks and sidewalks; and 3) I-70-Avon Road Underpass Safety/Beautification Entry Improvement. Bid and Construct as designs and funding are approved. Fully support Avon transit as a key element of a walkable community, including funding of a Town late night transit loop; testing taxi, dial-a-ride or transportation network company (e.g., Uber) services for low-ride routes, including Wildridge and West Beaver Creek Boulevard west of Lake Street, and a Tipsy Taxi program; stay attentive to the potential role of autonomous cars Participate in the development of the ECO Transportation Development Plan and work with the ECO Board to advance Avon initiatives, such as increasing to late night bus service to serve workers and a Tipsy Taxi program Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home sizes Implement the Zagster bike share program for the period of August 31, 2017 through October 31, 2018, monitor and report on challenges and successes Pending outcome of the November, 2017, election seeking exemption from SB-152, develop a program for Avon to join the Smart City vision of integrating information and communication technology to serve first Town public spaces and then, through a public/private partnership, serve residential and commercial users, through broadband development. Participate in the Mountain Connect forums. Work progressively with the Union Pacific Railroad to: 1) Verify the railroad ROW through Avon; 2) Gain permits for needed pedestrian infrastructure on WBCB; 3) Sustain continual clean-up of the railroad ROW; 4) Address the Richardson Ground Squirrel population; 5) Explore opportunities for a cross-country ski track from Edwards to Minturn; and 6) Allow railbikes within the Avon Town limits Retain consultant services to analyze total revenues collected (all major sources) and revenue tax share from the Real Estate Transfer Tax rate, including the primary exemption of $160,000 as a mechanism to increase affordable opportunities for homeownership in Avon to support employee housing shortages for Avon businesses. Once completed, in a collaborative work group, with Eagle County, its municipalities and major metropolitan districts, review Eagle County’s revenues and expenditures apportionment 2017-2019 STRATEGIC PLAN July 25, 2017 Page6 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. Evaluate whether Avon should pursue a Downtown Development Authority to support economic development partnerships Support Town Council efforts to develop a Sister City relationship 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, the EGE Air Alliance, Vail Valley Partnership and the Vail Leadership Institute/Vail Centre 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 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 Maintain Google Transit maps for local bus schedules 2017-2019 STRATEGIC PLAN July 25, 2017 Page7 Strategic Plan Fiscal Years 2017-19 PRESERVE & ENHANCE THE NATURAL ENVIRONMENT Maintaining a strong foundation for the stewardship of Avon’s natural resources is a top commitment by the Town in order for the Town to protect Avon’s unique setting and its open spaces. Avon will promote sustainability through the funding of programs and projects to protect the Town’s and the regions clean waters and clean air and to conserve environmental resources. RECENT SUCCESSES WALKING MOUNTAINS CONSERVATION EASEMENT - WILDFIRE COORDINATION WITH ERFPD FOR FIRE RESPONSE AND HOMEOWNER OUTREACH – ADOPTION OF CLIMATE ACTION PLAN & IMPLEMENTATION PRIORITIES – PSF SOLAR – NEW TOWN HALL HEAT RECOVERY – CLEER ENERGY NAVIGATOR INSTALLATIONS - I AM PRO SNOW 110% COMMITTED – MAYORS NATIONAL CLIMATE ACTION SIGNATORY CURRENT CHALLENGES CLIMATE CHANGE - WILDFIRE POTENTIAL – DROUGHT – REDUCED NUMBER OF SKI DAYS - POTENTIAL COLORADO WATER COMPACT CALLS & SHORTAGES - EAGLE RIVER PROTECTION - RESOURCE COST ESCALATION STRATEGIES Tier 1 Priorities From the 2016 Town of Avon Climate Action Plan Implementation Schedule, adopted on March 28, 2017, implement the Year One priorities, including but not limited to: Considering legislation to end the use of plastic bags and non-compostable take-out containers by retailers and restaurants in the Town of Avon Establishing the CO2 baseline, modifying municipal buildings and street lights and monitoring Amending the Town’s landscape code to more effectively replace vegetation which has been removed and improve water quality in drainages, streams and along in the Eagle River With the expertise of the UERWA, developing outdoor landscape guidelines/regulations to reduce water use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River In planning for the new Police Station and Town Hall, adopt a paperless strategy to reduce waste and support files, etc. 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 Partnering with Walking Mountains Science Center and Eagle County to expand the Energy Smart Program and community educational outreach Develop, with consultant services, the Harry A. Nottingham Landscape Plan; including in the plan timely replacement of the Town's public tree stock; invite Walking Mountains to evaluate biosphere enhancements to the northwest corner of Nottingham Lake during the planning process 2017-2019 STRATEGIC PLAN July 25, 2017 Page8 Proactively ensure trees on public and private property do not host and spread viruses; remove dead trees with a well-developed landscape program Complete the annexation of the East Avon Preserve Tier 2 Priorities Consider adopting a “pay-as-you-throw” refuse system and evaluate franchise agreements for waste haulers At such time as the Eagle County Landfill is prepared to receive compostable collected materials, evaluate how to implement collection in Avon and prepare a recommendation for Council action On-going Partner with Eagle County and its political jurisdictions to fully implement the Eagle County Climate Action Plan Participate as an active member of the Urban Run-off Group and the Eagle River Watershed Council to evaluate and support, as appropriate, needed Eagle River improvements 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page9 Strategic Plan Fiscal Years 2017-19 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. Providing an exceptional system of parks, trails, and recreational programs to serve the year-round needs of area residents and visitors is an important Town goal. RECENT SUCCESSES COMPLETION OF REGIONAL TRAIL AND METCALF CLIMBING LANE – COMPLETION OF PARKL RESTROOM UPGRADE - PLAYGROUND GOCO GRANT – RECREATIONAL TRAILS UPDATE - DIVERSE EVENTS & FESTIVAL ACTIVATION – FESTIVAL REPORT & AGREEMENT CHANGES – APPOINTMENT OF AD HOC SPECIAL EVENTS COMMITTEE CURRENT CHALLENGES ATTRACTING & NURTURING A SUSTAINABLE YEAR-ROUND SCHEDULE OF SPECIAL EVENTS - SUMMER REVENUE, WHEN MEASURED BY SALES TAX, LAGS WINTER RECEIPTS STRATEGIES Tier 1 Priorities Construct the Destination Jump, Splash, Learn playground, which has been funded with a GOCO grant and the appropriation of Community Enhancement Fund monies Under the auspices of the Ad Hoc Special Events Committee, 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. In particular, seek to expand 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. Work with Bravo! Vail to pursue performance options at the Avon Performance Pavilion Implement the adopted Avon Recreational Trails Plan as prioritized and adopted by the Avon Town Council, as soon as possible; and 1) pursue construction grants, when appropriate; and 2) rigorously seek an easement to construct a connecting trail from the southern terminus of Lake Street to the Eagle River Regional Trail As directed by the Town Council on May 23, 2017, implement the action plan to pursue a Colorado Creative District designation; budget and retain qualified consultant services for development of a strategic plan, as may be needed Rebuild Eagle River Whitewater Park and ensure the Base Camp development approval to construct on the south side of the Eagle River a connecting path be completed prior to Certificate of Occupancy; once rebuilt, seek to engage the Vail Valley Foundation in an activation program 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page10 Evaluate the pros and cons of the Town of Avon using its special event liquor permit quota, 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. As part of the evaluation assess alternatives for forming a (Liquor) Entertainment District or liquor license for venue premises Issue a Community Survey on or about August 15, 2018; coordinate with CAST efforts, if constructive to do so Continue to actively work with the USFS on the Town’s request for USFS 779 to be open to winter motorized use Tier 2 Priorities Build photo monuments around the commercial core to memorialize Avon’s Evaluate a Scientific and Cultural District to provide funding to Walking Mountains educational programming and Avon’s cultural activities Identify locations for the installation of outdoor percussion instruments, including pianos, and fund in the Capital Projects Fund, when feasible On-going When approving Town funded or supported festivals and events which offer alcoholic libations, require that the sponsoring non-profit is an Avon community grant recipient or locally based nonprofit. Support regional World Class events and the Walking Mountains School As appropriate, share the results of the Community Survey with potential business interests in terms of types of businesses and services desired in Avon Maximize the grant resources available through potential sources available such as through the Office of Economic Development and International Trade, including its new Outdoor Industry Recreation Office; a Scientific & Cultural Facilities District, and Department of Local Affairs 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 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page11 Strategic Plan Fiscal Years 2017-19 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 – PUBLIC SAFETY FACILITY COMPLETED – NEW TOWN HALL DESIGN & PRICING COMPLETED - CIVIC ENGAGEMENT PROGRAMS EXPANDED - BALANCED BUDGETS ACHIEVED – RESERVES MAINTAINED – 2017 EXPENDITURE SAVINGS - DEFFERED MAINTENANCE FUNDED CURRENT CHALLENGES CIVIC ENGAGEMENT OUTREACH CHALLENGES - LABOR FORCE COMPETITION – RISING COST OF CONSTRUCTION - 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 Pursue completion of the New Town Hall as a LEED Gold (or Silver, pending costs) building, with full pricing, value engineering, Council authorization for the bid release and bid marketing plan; present most qualified lowest price bid to the Town Council for action Evaluate how best to conduct Avon’s Annual Town Clean-up Day, including but not limited to date (day or evening), marketing and any type of community gathering after the clean-up is completed Implement the Marketing Plan’s 2017 – 2019 priorities, including but not limited to Monitor and adjust as needed the comprehensive Community Swim Program Identify location(s) and cost(s) for the development of one or more dog parks in Avon or nearby in partnership with Eagle-Vail 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page12 Tier 2 Priorities 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 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 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 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: July 25, 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.” SUMMARY 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, attached as Exhibit 1, supports this agenda and adds Avon as a signator to the Open Letter to the President, attached as Exhibit 2. The letter is also available online at www.climatemayors.org. ATTACHMENTS Exhibit 1 – Resolution 17-12 Exhibit 2 – ClimateMayors Letter to President Trump on Roll Back of U.S. Climate Actions 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 25th day of July 2017. By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Exhibit 1 #ClimateMayors Letter to President Trump on Roll Back of U.S. Climate Actions March 28, 2017 Dear President Trump, As members of the Mayors National Climate Action Agenda (MNCAA), we represent more than 42 million Americans in 75 cities across our nation — in red and blue states alike. We write to strongly object to your actions to roll back critically important U.S. climate policies including the Clean Power Plan and vehicle fuel efficiency standards, as well as proposed budget cuts to the EPA and critical federal programs like Energy Star. Climate change is both the greatest single threat we face, and our greatest economic opportunity for our nation. That is why we affirm our cities’ commitments to taking every action possible to achieve the principles and goals of the Paris Climate Agreement, and to engage states, businesses and other sectors to join us. As Mayors, we work with our constituents face-to-face, every day, and they demand that we act on climate to improve quality of life and create economic growth. As public servants and stewards of public funds and infrastructure, we also cannot ignore the costs of inaction. That is why we are also standing up for our constituents and all Americans harmed by climate change, including those most vulnerable among us: coastal residents confronting erosion and sea level rise; young and old alike suffering from worsening air pollution and at risk during heatwaves; mountain residents engulfed by wildfires; farmers struggling at harvest time due to drought; and communities across our nation challenged by extreme weather. Climate action is also an investment in our economy and job creation — electric vehicles, solar power, energy efficiency and battery storage are all avenues to restoring our nation’s manufacturing base and create good, middle class jobs. Recently, thirty MNCAA cities demonstrated how we can accelerate markets and drive economic growth by issuing a formal Request for Information for the potential acquisition of nearly 115,000 electric vehicles for our municipal fleets. The private sector recognizes the opportunities of climate action as well. Goldman Sachs is committing $150 billion to clean energy capital. Companies like Microsoft, Wal-Mart, and Google are some of the largest purchasers of solar and renewable energy. Today, one in fifty American jobs is now in the solar sector, surpassing employment in oil, gas, and coal extraction combined. Texas is once again experiencing an energy boom — this time, with wind power. In fact, the majority of wind jobs in the U.S. are in congressional districts that voted for you. As the “Climate Mayors,” we wrote to you during your transition asking that you work with cities on climate action – the nation’s first responders and economic hubs – and to embrace the Paris Climate Agreement commitment. Instead, we fear your Administration’s recent actions and today’s executive order will undermine America’s leadership on climate action, if not take us backwards. We urge you to change course, and to join us. In the meantime, America’s cities will continue to lead the way in moving forward in protecting our residents from the disastrous effects of climate change, and creating a thriving 21st century economy. Sincerely, Mayor Eric Garcetti City of Los Angeles, CA Mayor Ed Murray City of Seattle, WA Mayor Lioneld Jordan City of Fayetteville, AR Mayor Kasim Reed City of Atlanta, GA Mayor Martin J Walsh City of Boston, MA Mayor Rahm Emanuel City of Chicago, IL Mayor Sylvester Turner City of Houston, TX Mayor Bill de Blasio New York City, NY Mayor Jim Kenney City of Philadelphia, PA Mayor Ed Lee City of San Francisco, CA Mayor Sam Liccardo City of San Jose, CA Mayor Muriel Bowser Washington, D.C. Mayor Esther Manheimer City of Asheville, NC Mayor Steve Skadron City of Aspen, CO Mayor Steve Adler City of Austin, TX Mayor John Hamilton City of Bloomington, IN Mayor Suzanne Jones City of Boulder, CO Mayor Miro Weinberger City of Burlington, VT Mayor Mary Casillas Salas City of Chula Vista, CA Mayor Stephen K Benjamin City of Columbia, SC Mayor Michael Hancock City of Denver, CO Mayor Roy D Buol City of Dubuque, IA Mayor William V Bell City of Durham, NC Mayor David Kaptain City of Elgin, IL Mayor Lucy Vinis City of Eugene, OR Mayor Elizabeth Tisdahl City of Evanston, IL Mayor Madeline Rogero City of Knoxville, TN Mayor Philip Levine City of Miami Beach, FL Mayor Tom Barrett City of Milwaukee, WI Mayor Mark Gamba City of Milwaukie, OR Mayor Betsy Hodges City of Minneapolis, MN Mayor John Hollar City of Montpelier, VT Mayor Dennis Coombs City of Longmont, CO Mayor Robert Garcia City of Long Beach, CA Mayor Jon Mitchell City of New Bedford, MA Mayor Mitch Landrieu City of New Orleans, LA Mayor Libby Schaaf City of Oakland, CA Mayor Buddy Dyer City of Orlando, FL Mayor Greg Scharff City of Palo Alto, CA Mayor Jack Thomas Park City, UT Mayor Bill Peduto City of Pittsburgh, PA Mayor Ted Wheeler City of Portland, OR Mayor Liz Lempert Municipality of Princeton, NJ Mayor Jorge Elorza City of Providence, RI Mayor Alan Galbraith City of Saint Helena, CA Mayor Jackie Biskupski Salt Lake City, UT Mayor Pauline Russo Cutter City of San Leandro, CA Mayor Ted Winterer City of Santa Monica, CA Mayor Joe Curtatone City of Somerville, MA Mayor Glenn Hendricks City of Sunnyvale, CA Mayor Marilyn Strickland City of Tacoma, WA Mayor Jonathan Rothschild City of Tucson, AZ Mayor Jeri Muoio City of West Palm Beach, FL Mayor Christopher Cabaldon City of West Sacramento, CA Mayor Allen Joines City of Winston Salem, NC Mayor Kathy Sheehan City of Albany, NY Updated signatories as of 2pm PT on May 31, 2017 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Jim Horsley, Project Engineer Eric Heil, Town Attorney Meeting Date: July 25, 2017 Agenda Topic: Resolution No. 17‐17, Approving ERWSD Easements for the Avon Regional Transportation Facility ACTION BEFORE COUNCIL Resolution No. 17‐17 Approving Bills of Sale and Conveyance of Sewer Easement to ERWSD is presented to Council for its consideration. Res. No. 17‐17 will transfer the ownership of the sewer line for the Avon Regional Transportation Facility which is situated on the Swift Gulch property to the Eagle River Water and Sanitation District (“ERWSD”). Res. No. 17‐17 will also convey an easement for the sewer line to ERWSD. ERWSD presented its standard forms for the Bill of Sale and Sewer Easement, which have been reviewed by the Town Attorney and are found to be acceptable. Resolution No. 17‐17 is presented for approval on the Council consent agenda. PROPOSED MOTION “I move to approve Resolution No. 17‐17, Approving Bills of Sale and Conveyance of Sewer Easement to ERWSD.” DISCUSSION The Bills of Sale transfer ownership of potable water and sanitary sewer facilities at the Avon Regional Transportation Facility (ARTF) to ERWSD to operate and maintain. The attached easement agreement allows ERWSD the right of access to property to repair and maintain underground and aboveground sanitary sewer facilities. An easement for the water facilities is not required per the existing agreement between the Town and the Upper Eagle Regional Water Authority. The Bill of Sale has a two year warranty period that runs from the date of “Construction Acceptance”. Construction Acceptance was June 6, 2014; therefore, the warranty period has expired and the ERWSD shall be responsible for maintenance and replacement of the water and sewer lines. STAFF RECOMMENDATION Approve Resolution No. 17‐17 because conveys this water and sewer main infrastructure to ERWSD, which is the appropriate local governmental entity to own and assume responsibility for water and sewer infrastructure. ATTACHMENT Resolution No. 17‐17 RESOLUTION 17-17 TOWN OF AVON APPROVING BILLS OF SALE AND THE CONVEYANCE OF A SEWER EASEMENT TO THE EAGLE RIVER WATER AND SANITATION DISTRICT WHEREAS, the Avon Town Council desires to convey water and sewer line and convey a sewer easement located on the Swift Gulch property and serving the Avon Regional Transportation Facility to the Eagle River Water and Sanitation District; and WHEREAS, the Town Council is authorized to convey easements on real property Colorado Revised Statutes section 31-15-101(1)(d); and WHEREAS, the Eagle River Water and Sanitation District will assume responsibility for the maintenance and repair of the water and sewer lines on the Swift Gulch property in accordance with its policies; and WHEREAS, the Town Council finds that conveyance of the water and sewer lines to the Eagle River Water and Sanitation District will promote the efficient maintenance of water and sewer infrastructure serving the Town’s property. THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby approves the Bill of Sale for the Water Main attached hereto as Exhibit A, the Bill of Sale for the Sewer Main, attached hereto as Exhibit B, and the conveyance of the Sewer Easement attached hereto as Exhibit C. ADOPTED JULY 25, 2017 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk EXHIBIT A - BILL OF SALE WATER MAIN EXHIBIT A - BILL OF SALE WATER MAIN EXHIBIT A - BILL OF SALE WATER MAIN EXHIBIT B - BILL OF SALE SEWER MAIN EXHIBIT B - BILL OF SALE SEWER MAIN EXHIBIT B - BILL OF SALE SEWER MAIN Page 1 of 2 SEWER EASEMENT THIS EASEMENT is made this day of , 20__, by and between (hereinafter referred to as “Grantor”), successors and assigns, and DISTRICT, a quasi-municipal corporation of the State of Colorado within the County of , (hereinafter referred to as “District”). WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the District to Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, convey and transfer unto the District, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground sewer lines and all underground and surface appurtenances related thereto such as lift stations and manholes (hereinafter “sewer lines”), together with any and all sewer lines situate therein, all necessary rights-of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of , State of Colorado, to-wit: See EXHIBIT A attached hereto and incorporated herein by reference. Grantor warrants that the Grantor has the lawful right to grant and convey such easement, rights-of-way, and sewer lines. Further, Grantor warrants that the sewer lines are free and clear of all liens and encumbrances. Grantor will at no time permit, place or construct any structure, building or improvement of any kind, temporary or permanent, on any part of the above-described premises. Any structure, building or improvement located on the above-described premises as of the date of this Easement, may be removed by the District without liability for damages arising therefrom. Following the completion of the purpose of any entry by the District upon such easement for any of the aforesaid objects, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for shrubs, plants, sidewalks, driveways or parking areas thereon located or damaged thereby. All provisions of the Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. EXHIBIT C - SEWER EASEMENT Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. GRANTOR: (Name of Grantor) STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing Easement was subscribed and sworn to before me this day of , 20 , by . WITNESS my hand and official seal. (S E A L) Notary Public My commission expires: ACCEPTED by the District this day of ,20__. By: General Manager EXHIBIT C - SEWER EASEMENT EXHIBIT C - SEWER EASEMENT H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Amendment and Update to Town Manager Employment Agreement with Virginia Egger DATE: July 17, 2017 SUMMARY: An amendment and annual update to the Town Manager Employment Agreement with Virginia Egger (“Agreement”) is attached. The Agreement has been amended as follows: • Overall, the Agreement was updated to delete obsolete provisions, like reimbursement of moving expenses. • Recitals that stated the previous four amendments were deleted. • The Base Salary is changed from $170,000.00 to $174,760.00 per Council direction. • Performance Review must be completed on or before the fourth Tuesday of May each year. • The performance criteria for the next year must also be adopted by the fourth Tuesday of May each year (the Town uses a fairly standard and comprehensive list of Manager performance criteria). • Future compensation adjustments can be made by motion and vote and do not require amendment of the Town Manager Employment Agreement. CONSENT CALENDAR: Approval of the updated Town Manager Employment Agreement is included on the Consent Calendar for approval. Thank you, Eric ATTACHMENT A: Town Manager Employment Agreement with Virginia Egger M EMORANDUM & PLANNING, LLC Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 E-Mail: eric@heillaw.com TOWN MANAGER EMPLOYMENT AGREEMENT WITH VIRGINIA EGGER THIS EMPLOYMENT AGREEMENT (“Agreement”) effective June 1, 2017, by and between Virginia Egger (“Manager”) and the Town of Avon, Colorado (“Town”), a Home Rule municipality of the State of Colorado (individually “Party” and collectively “Parties”), and is made in contemplation of the following and is subject to the terms and conditions herein contained. RECITALS WHEREAS, the Parties signed a “TOWN MANAGER EMPLOYMENT AGREEMENT WITH VIRGINIA EGGER”, effective on August 28, 2012, along with four subsequent amendments; and, WHEREAS, the Parties agree it is best to update those terms and conditions which are no longer relevant and to incorporate those changes and all terms and conditions from the Agreement, thereby providing in this Town Manager Employment Agreement all terms and conditions of the Manager’s employment. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and the above Recitals, which are incorporated herein, the Parties agree to the following terms and conditions: 1.0 EMPLOYMENT. Manager is employed as Town Manager of the Town for an indefinite period as an employee at will subject to the terms and conditions of this Agreement; the Town of Avon Employee Policies & Procedures, effective April 25, 2016; the Town of Avon Compensation & Benefits Programs, effective January 1, 2016; and, the Avon Home Rule Charter, as may be amended from time to time. 2.0 DUTIES. Manager is employed as Town Manager in a fulltime capacity of the Town with the duties and functions specified in the Town of Avon Home Rule Charter and as legally specified and directed by the Town Council. 3.0 COMPENSATION. 3.1 BASE SALARY. The Town agrees to pay Manager a base annual salary (“Base Salary”) of ONE HUNDRED SEVENTY-FOUR THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($174,760.00), which shall be paid retroactively to and from June 1, 2017. Payment of the Base Salary under this Agreement shall be made in equal installments on a biweekly basis during the term of this Agreement. 3.2 HOUSING AND AUTOMOBILE ALLOWANCE. Manager shall receive a ONE THOUSAND SEVENTY DOLLARS ($1,070.00) per month allowance as additional salary for housing and automobile, which shall be paid retroactively to and from June 1, 2017. 3.3 RETIREMENT. The Town shall pay as retirement contribution an amount equal to the amount paid by Manager to the 401(a) Retirement Plan of the Town, which currently is eleven percent (11%) of the Base Salary of Manager. The 11% matching contribution from the Town towards the 401(a) Retirement Plan shall be paid retroactively to and from June 1, 2017. In addition, Manager shall be entitled to participate in the 457 Deferred Compensation Retirement Plan of the Town which is a voluntary contribution plan subject Town Manager Employment Agreement with Virginia Egger July 25, 2017 Page 1 of 6 to the limitation of the Internal Revenue Service. 3.4 INSURANCE BENEFITS. The Town shall provide and pay that portion of the premiums for health, dental, vision, and term life insurance for Manager and her dependents equal to that which is provided to all other fulltime employees of the Town in accordance with Town of Avon Compensation & Benefits Programs, effective January 1, 2016, as may be amended from time to time. 3.5 PAID TIME OFF. The Manager shall be entitled to paid time off (“Paid Time Off”) in accordance with Section 2.16.a of the Town of Avon Compensation & Benefits Programs, effective January 1, 2016, as may be amended from time to time, provided that Manager shall begin accruing Paid Time Off at the rate of an employee with five (5) years of employment with the Town, which accrual shall begin on the date of commencement of employment set forth in Section 5 below. 3.6 OTHER BENEFITS. Manager shall be entitled to any other benefits that are provided by the Town to other fulltime executive employees. 3.7 COMPENSATION ADJUSTMENT. The Compensation of the Manager may be adjusted based upon the Manager’s annual performance evaluation as set forth in Section 4 below, by the Town Council. Any change in Compensation shall be effective on June 1, of each year, and/or at subsequent annual performance evaluations. Compensation adjustments shall be made by motion and vote and do not require amendment of this Agreement. 4.0 PERFORMANCE REVIEW. The Town Council shall complete the annual performance review of the Manager on or before the fourth Tuesday of May of each calendar year, unless the Town Council and Manager mutually agree to a different date. The Town Council also may require a performance evaluation at any time a majority of the Council deems a review is necessary. The Town Council shall advise and inform Manager as to the Town Council’s opinion and expectations regarding her performance as Town Manager based upon specific performance criteria. The Town Council shall use the specific performance evaluation criteria and process, which were used for current year’s annual performance review, with any changes being provided to the Town Manager for her concurrence on or before the fourth Tuesday in May, for the next year’s annual performance review. 5.0 COMMENCEMENT OF EMPLOYMENT AS TOWN MANAGER. The Effective Date of the Agreement was August 28, 2012, irrespective of the date or dates upon which the Parties execute it. Manager commenced her duties as Town Manager on December 1, 2012. 6.0 FACILITIES. The Town shall furnish office facilities and assistance for Manager as the Town Council deems appropriate for the performance of Manager’s duties. 7.0 LIMITATION ON PROFESSIONAL ACTIVITIES. Manager shall not engage in any non-Town employment activities for compensation without the express written consent of the Town Council. It is the intent of the Parties that Manager’s employment agreement is for fulltime employment. Participation in professional organizations and voluntary programs are encouraged provided they are consistent with the responsibilities of the Town Manager of the Town. The Town shall pay Manager’s membership fees and reasonable costs of participation in the International City Manager’s Association and other memberships including professional development activities which the Town Council determines are consistent with her employment. Town Manager Employment Agreement with Virginia Egger July 25, 2017 Page 2 of 6 8.0 CONFERENCE ATTENDANCE. The Town shall pay for all expenses related to Manager’s attendance at the International City Manager’s Association annual conference, the Colorado Association of Ski Towns annual conference, the Colorado Municipal League annual conference, and at least one other out of state conference to be selected at the discretion of the Manager. Manager may propose additional job related training, education and professional membership and participation which shall be subject to review and approval by the Town Council. 9.0 TERMINATION. This Agreement may be terminated only as follows: 9.1 The Town may terminate Manager’s employment with or without cause (“Cause,” as defined below in Section 10.3), upon the vote of the majority of the Town Council; or 9.2 Manager may terminate Manager’s employment, without notice, if the Town, the citizens of the Town, or the Colorado General Assembly acts to amend any provision of the Town of Avon Home Rule Charter, Town ordinances, or appropriate enabling legislation so as to materially alter the role, powers, duties authority, or responsibilities of the Town Manager or the form of government of the Town; or 9.3 Manager may terminate Manager’s employment, without notice, by resigning the position of Town Manager following a Town Council proposal that Manager resign; or 9.4 Manager may terminate Manager’s employment owing to a breach of contract by the Town where the Town has failed to cure the alleged breach within forty-five (45) days of written notice by Manager to the Town of the alleged breach. 10.0 SEVERANCE. 10.1 The Town shall pay severance (“Severance,” as defined below in Section 10.2), to Manager if Manager’s employment is terminated for any reason set forth in Section 9. Town shall not be obligated to pay severance if Manager’s employment is terminated for Cause, defined below in Section 10.3, or in the case that Manager resigns voluntarily as set forth in Section 11. 10.2 The amount of Severance payment shall be four (4) months Base Salary and benefits at Manager’s then current rate of Base Salary and benefits. A. Severance payment shall be paid biweekly or shall be paid in a lump sum within seven (7) business days of termination at the sole discretion of the Town and shall be reduced by all taxes and other withholdings required by law. B. Severance payment shall include compensation for all accrued Paid Time Off and paid holidays. C. Severance shall include payment of all premiums necessary for Manager to maintain health and dental insurance for herself and her dependents through COBRA or other applicable laws or regulations providing continuation coverage for four (4) months following the termination of her employment. 10.3 For the purpose of this Agreement, Cause shall include: A. Conduct by Manager which is fraudulent or dishonest; or B. Manager’s conviction of a felony or crime involving moral turpitude under any Town Manager Employment Agreement with Virginia Egger July 25, 2017 Page 3 of 6 federal or state law; or C. Gross negligence or malfeasance in office; or D. Excessive use of alcohol or drugs, which renders Manager unfit or unable to perform her duties, as determined by the Town Council. 10.4 If the Town Council intends to consider termination of Manager’s employment for Cause, the Town Council shall give Manager written notification stating matters constituting the basis for termination for Cause (“Notice of Termination for Cause”). If Manager desires to question whether the matters stated in the Notice of Termination for Cause are accurate or whether they constitute Cause, she shall have the right to do so by written notice (“Notice of Appeal”) to the Town Council given within ten (10) days after her receipt of the Notice of Termination for Cause. In the event the Town and Manager are unable to resolve the issue within fifteen (15) days after the Notice of Appeal, such dispute shall be submitted to binding arbitration as provided in Section 12. In the event the arbitration decision determines Manager’s termination was not for Cause, Manager shall thereupon be deemed to have been terminated without Cause effective the date of the Notice of Termination for Cause and she shall be entitled to Severance. 10.5 In the event the Town Council offers to permit Manager to resign in lieu of being terminated for Cause, such resignation, if it occurs, will constitute a termination without Cause under this Agreement and Manager shall be entitled to Severance. 11.0 RESIGNATION. In the event that Manager voluntarily resigns her position with the Town in a manner not contemplated by Sections 9.2, 9.3 or 9.4, Manager shall provide a minimum of forty-five (45) days written notice unless the Parties otherwise agree. Upon the effective date of resignation, Manager shall be entitled to no further compensation or benefits under this Agreement. 12.0 ARBITRATION. Whenever any dispute arises under the Fourth Agreement, the Parties agree that upon written demand of either Party, such dispute shall be submitted to binding arbitration to the Judicial Arbiter Group, Inc. located in Denver, or its successor, or such other arbitrator as the Parties may mutually select, pursuant to the rules and procedure as determined by arbitrator. Provided, however, the arbitration hearing shall be held within thirty (30) days of appointment of the arbitrator unless otherwise agreed by both Parties. Furthermore, each Party shall be entitled to one deposition. The Colorado Rules of Evidence shall not apply unless otherwise agreed by the Parties, although the arbitrator shall have discretion to determine whether any proffered evidence is sufficiently reliable and probative to be admitted. The determination of the arbitrator shall be final and absolute. The decision of the arbitrator may be entered as a judgment in any court in the State of Colorado or elsewhere. 13.0 COMPLIANCE WITH THE LAW. It is the intent of the Town and Manager to comply with the provision of Article X, Section 20 of the Constitution of the State of Colorado, including, in particular, subsection 4(b). Therefore, the Parties agree that this Agreement is subject to an annual appropriation by the Town Council and that the failure to make such appropriation will be deemed a termination without Cause, unless such action is the result of a prior termination for Cause pursuant to Sections 10.3 and 10.4 above. 14.0 INDEMNIFICATION. In conjunction with the liability insurance policy provided by the Town, the Town Manager Employment Agreement with Virginia Egger July 25, 2017 Page 4 of 6 Town shall defend, save harmless, and indemnify Manager against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other liabilities incurred by, imposed upon, or suffered by Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of an alleged act or omission in the performance of Manager’s duties as Town Manager or resulting from the exercise of judgment or discretion in connection with the performance of duties or responsibilities on behalf of the Town unless the act or omission involves willful or wanton conduct or intentional misconduct. Manager may request the Town to provide independent legal representation acceptable to Manager at the Town’s expense and the Town shall not unreasonably withhold approval. Legal representation provided by the Town for Manager shall extend until a final determination of the legal action including any appeals brought by either party. Any settlement of any claim must be made with prior approval of the Town in order for indemnification as provided in this Section to be available. 15.0 NOTICES. All written notifications contemplated in this Agreement shall be sent to the following addresses provided that the Manager may amend the address for notification by providing written notice of such address change: If to the Town: If to Manager: Mayor Town of Avon 1 Lake Street P.O. Box 975 Avon, CO 81620 Virginia Egger Town Manager P.O. Box 4654 Edwards, CO 81632 With Copy to: Town Attorney 1 Lake Street P.O. Box 975 Avon, CO 81620 16.0 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties as to the subject matter hereof and may not be changed orally, but only by written agreement signed by both Parties for any waiver, changes, modification, or extension. 17.0 BINDING EFFECT. The Agreement shall be binding upon the Town and Manager and, as applicable, upon their heirs, personal representatives, successors, and authorized assigns. 18.0 ASSIGNMENT. The rights and obligations of this Agreement are personal in nature and shall not be assigned or other conveyed without the prior written consent of both parties. 19.0 NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Manager, and nothing contained in this Agreement shall give or allow any such claim or right of action by any third person to this Agreement. It is the expressed intention of the Town and Manager that any person other than the Town or Manager receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 20.0 SEVERABILITY. The validity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be Town Manager Employment Agreement with Virginia Egger July 25, 2017 Page 5 of 6 invalid, the Parties shall negotiate and diligently seek to reach agreement regarding the intent of the Parties concerning any such invalid provision. Accordingly, if any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they has been executed by both Parties subsequent to the expungement of the invalid provision. AMENDED AGREEMENT READ, UNDERSTOOD AND APPROVED by the Town of Avon and the Manager. TOWN OF AVON, COLORADO BY:____________________________________ ATTEST:_______________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM:___________________________ Eric J. Heil, Town Attorney MANAGER BY:____________________________________ Virginia C. Egger Town Manager Employment Agreement with Virginia Egger July 25, 2017 Page 6 of 6 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 11, 2017 AVON TOWN HALL, ONE LAKE STREET 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:08 p.m. A roll call was taken and Council members present were Megan Burch, Amy Phillips, Matt Gennett, Jake Wolf, and Sarah Smith Hymes. Scott Prince was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy Chief Coby Cosper, Recreation Director John Curutchet, Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Start time: 08:43 Councilor Wolf requested the addition of a discussion on the topic of CML and a code of conduct for Council. Mayor Fancher recommended that the discussion take place during Council comments. Councilor Wolf and the other Council members present agreed with the recommendation. 3. MEETING PROCEDURES FOR THE MEETING OF JULY 11, 2017 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 09:52 Michael Cacioppo requested an additional minute for public comment. Council agreed to the additional minute. Michael expressed his discontent with traffic backup due to the elimination of lanes on West Beaver Creek Boulevard. 5. WORK SESSION Start time: 15:47 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) Councilor Phillips voiced her concern about the small amount of community input. Councilor Burch said she would like to see an incentive approach, rather than a prohibition. Councilor Wolf said he is concerned about potential litigation if Council enacts a prohibition. Mayor Pro Tem Smith Hymes and Councilor Gennett said they support moving forward with the initiative, as presented. Mayor Fancher opened the discussion to the public. Michael Cacioppo spoke on his opposition to the proposed ordinance. Christina Person spoke about her support of the proposed ordinance. Shawn Bruckman with Vail Honeywagon spoke about the difference between polystyrene and expanded polystyrene (EPS). Shawn also talked about Vail Honeywagon’s Compost Program. Maria DeSimone expressed her support of the initiative by saying “I came forward to put the initiative in front of the Town Council” and “the least we can do is bring a bag to the grocery store and save the environment.” Kory Pryor also spoke in support of the prohibition. Peter Lerbecki said that he believes there is way to solve this issue without an Page 1 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 11, 2017 AVON TOWN HALL, ONE LAKE STREET outright ban. Consensus was reached among Council members present that more outreach should be conducted via Town open houses or forums of some sort. First reading of the proposed ordinance was changed to September 12, 2017. Staff was directed to make it more clear in the ordinance or through the development of resource materials what the acceptable materials are. In addition, staff was directed to add some of Shawn Bruckman's suggestions on coffee cups into the ordinance. 5.2. COUNCIL DIRECTION REGARDING PROHIBITING DOGS ON THE HARRY A. NOTTINGHAM PARK BEACH (MAYOR JENNIE FANCHER) Start time: 68:30 Kory Pryor commented about one of his experiences in Nottingham Park that included an interaction with the Avon code enforcement officer. He suggested making the time frame longer for the Park's dogs off-leash area. Council tabled this item. Councilor Phillips requested that park signage be updated to indicate that a leash is no longer than 10 feet. 5.3. COUNCIL DIRECTION REGARDING THE LOCATION OF THE DISC GOLF COURSE IN HARRY A. NOTTINGHAM PARK (MAYOR JENNIE FANCHER) Start time: 92:29 Council provided direction to staff to reconfigure hole #6, as recommended. The disc golf course will remain involved in the "Town-owned properties" discussion. 6. ACTION ITEM Start time: 105:00 6.1. PUBLIC HEARING SOUND PERMIT APPLICATION FOR AVON LIVE! CONCERTS AT NOTTINGHAM PARK (MANAGER OF SPECIAL EVENTS CASEY WILLIS) Councilor Wolf recused himself due to a conflict. Mayor Fancher opened the public hearing and no comments were made. Councilor Gennett moved 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. Councilor Phillips seconded the motion and it passed with a vote of 5 to 0. Council Wolf abstained from the vote. Councilor Prince was absent. 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) Start time: 106:56 Michael Cacioppo asked why there was not a printed version of the letter available to public. Page 2 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 11, 2017 AVON TOWN HALL, ONE LAKE STREET This item was continued to the July 25, 2017 Council meeting. 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) Start time: 110:29 Councilor Gennett moved to approve Resolution 17-13, referring a ballot question concerning municipal broadband service authorization. Councilor Phillips seconded the motion and it passed unanimously by Council members present. Councilor Prince was absent. 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) Start time: 111:36 Councilor Wolf disclosed that he does short term rentals. Council agreed Councilor Wolf did not need to recuse himself. Todd Roehr, owner of Mein Haus Bed & Breakfast, expressed his support of the agreement. Councilor Burch moved to approve the Host Compliance Services Agreement dated August 1, 2017 between the Town of Avon and Host Compliance Services LLC. Councilor Phillips seconded the motion and it passed with a vote of 5. Council Wolf abstained from the vote. Councilor Prince was absent. 6.5. RESOLUTION 17 –14 AMENDING THE GENERAL FUND BUDGET (TOWN MANAGER VIRGINIA EGGER) Start time: 129: 46 Councilor Phillips moved to approve Resolution 17-14, amending the general fund budget. Mayor Pro Tem Smith Hymes seconded the motion and it passed with a vote of 5 to 1. Councilor Wolf voted no. Councilor Prince was absent. 7. CONSENT AGENDA Start time: 141:21 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) Councilor Burch moved to approve the Consent Agenda. Councilor Phillips seconded the motion and it passed unanimously by Council members present. Councilor Prince was absent. Page 3 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 11, 2017 AVON TOWN HALL, ONE LAKE STREET 8. WORK SESSIONS Start time: 141:56 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) Council members discussed and provided various edits and changes to the Strategic Plan. Some of the comments are captured below: Councilor Burch comments: • Addressing the mudslides on Nottingham Road • Addressing pedestrian and biker access • I-70 corridor project • Community Survey in the budget for 2018 Councilor Phillips comment: • Suggested expanding an ongoing survey Councilor Wolf comments: • Title sponsor for the stage • Creative District Mayor Pro Tem Smith Hymes comments: • Recreational opportunities – rebuild the Eagle River Whitewater Park and implement the Base Camp conditions of trail construction • Addressing connectivity to the Eagle River Mayor Fancher comment: • Prairie dogs are a problem along the railroad’s right-of-way and rodent control needs to be implemented. 8.2. REVIEW OF THE EAST AVON PRESERVE ANNEXATION PROCESS AND CONDITIONS ESTABLISHED WITH TRAER CREEK (TOWN ATTORNEY ERIC HEIL) Start time: 175:10 Council provided direction to the Town Attorney to move forward 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. 9. WRITTEN REPORT 9.1. GIFT REPORTING – COVERROCK FESTIVAL & BEAVER CREEK RODEO SERIES VIP TICKETS (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Page 4 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JULY 11, 2017 AVON TOWN HALL, ONE LAKE STREET 10. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 178:15 Councilor Phillips gave an update on the EGE Air Alliance. Mayor Fancher thanked all of Town staff for their work during the July 3rd Salute to the USA event. Council Burch gave an update on the Avon School-Based Health Center. Councilor Wolf commented on a Town Council Code of Conduct. 10. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. Councilor Phillips seconded the motion and it passed unanimously by Council members present. The time was 8:25 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 ________________________________ Page 5 Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 E-Mail: ericheillaw@gmail.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: Code of Conduct DATE: July 18, 2017 SUMMARY: Council provided direction to prepare a Code of Conduct for Council behaviors. Council members Sarah Smith-Hymes and Jake Wolf participated in several meetings to discuss various aspects of a Code of Conduct. Tami Tanoue, legal counsel for the Town’s insurer, Colorado Intergovernmental Risk Sharing Association, reviewed and commented on the Council Code of Conduct. Virginia Egger, Town Manager also reviewed the Council Code of Conduct. The Council Code of Conduct tracks similar Codes of Conduct from other municipalities, including Littleton, Colorado; Evans, Colorado; and Camp Verde, Arizona. The City of Evans and City of Camp Verde Codes of Conduct are attached as examples. The Council Code of Conduct is presented for adoption by Resolution. The Council Code of Conduct may be amended at any time by adoption of a Resolution in a manner similar with Council’s Simplified Rules of Procedure. PROPOSED MOTION: “I move to adopt Resolution No. 17-15 Adopting the Council Code of Conduct.” OVERVIEW: The Council Code of Conduct (“Code”) sets forth strong themes of respectful behavior for all Council members in all settings. The Preamble and Article I describe the high standard of local governance that is the overarching goal of the Code. The Code distinguishes between “Expectations” and “Aspirations” in Articles II and III to define behaviors that are mandatory versus behaviors that are best practice guidelines. Articles IV through X address Council behaviors in specific settings. The term “shall” is used to identified required behaviors and the term “should” is used to denote guidance for appropriate behavior. Article XI references the Town Code of Ethics and the treatment of Confidential Information. Article XII addresses Sanctions for violations of the Code. Definitions are included as an Appendix. The Code of Conduct attempts to acknowledge and respect each Council member’s right of free speech while defining respectful conduct for disagreement and debate. Please note that Article III, Paragraph D. states aspirational language that a Council member who is opposed or voting in the minority should be respectful of the majority decision of Council. Council may believe this should be an expectation rather than aspiration. Also, please note that Article X Conduct with Media uses the term “should” and not “shall” because Council members have a broad free speech right to communicate public issues through the media. That said, the constitutional right to free speech tolerates a wide variety of offensive, rude and disrespectful behavior which Council may find is not appropriate for elected officials of the Avon community. Furthermore, the constitutional right of free speech does not protect falsehoods, defamation, libel and slander, hate speech, or hostile and threatening speech. SANCTIONS: A common element of a Council Code of Conduct is the ability of Council to issue “sanctions”. As drafted, any action by Council to find a violation of the Code requires the concurring vote of 5 Council members (i.e. a super-majority of the entire Council). Many Codes of Conduct I have reviewed do not require a super-majority of the entire Council to issue a sanction. A “sanction” is not specifically defined. A “sanction” is basically a formal official statement by the Council that a particular behavior is not acceptable. M EMORANDUM & PLANNING, LLC Avon Town Council Council Code of Conduct July 18, 2017 Page 2 of 2 This Council Code of Conduct does not include provisions for removal. Removal of a Council member by Council is an extreme action with little precedence in Colorado. There are provisions in the Colorado statutes for statutory towns and statutory cities to take action to remove a member of the Board of Trustees or a Council member, after providing notice of such action and voting for removal by a super-majority vote. Neither the Avon Home Rule Charter nor the Avon Municipal Code addresses removal of Council members. If Council has any interest in establishing authority and procedures for removal of a Council member, then my recommendation would be to adopt such authority and procedures by ordinance. DEFINITIONS: The definitions include a definition of “bullying behavior”. There is not a standardized definition of bullying behavior, so a definition is proposed. The expectations in Article II states that Council members shall refrain from bullying behavior. Bullying behavior is related to creating a hostile work environment and is an evolving area of employment law. According to the Society for Human Resource Management, since 2003, workplace bullying legislation has been introduced in 25 states. An article from the Society for Human Resource Management is attached. No anti-workplace bullying legislation has been passed and there is no current legal precedence that finds workplace bullying behavior alone creates a legal liability. However, allowing such repeated behavior has potential to lead to falsehoods, defamation, libel and slander, which can result in legal liability. OTHER MATTERS: Other examples of Council Codes of Conduct address miscellaneous matters such as reimbursement for travel expenses, attendance at conferences, and conduct at ceremonial events. Those matters can be included in the Avon Council Code of Conduct, but those issues did not seem to be of interest to the current Council. FUTURE COUNCIL MEMBERS: A Council Code of Conduct can be a very useful guide for future Council members, especially those with little local government experience. The themes of respectful debate and disagreement are similar with many materials provided by the Colorado Municipal League and other good governance organizations. OPTIONS: Council has the following options: 1. Take no action, do not adopt a Code of Conduct, and table the matter. 2. Continue consideration of adoption of a Code of Conduct, direct revisions to the Code of Conduct as appropriate. 3. Adopt the Code of Conduct as presented or with revisions deemed appropriate by Council. Thank you, Eric ATTACHMENTS: Resolution No. 17-15 w/ Council Code of Conduct SHRM Article re: Workplace Bullying Camp Verde, AZ Council Code of Conduct City of Evans, CO Council Code of Conduct Resolution 16-20 Re-Adopting Simplified Rules of Order July 26, 2016 Page 1 of 1 RESOLUTION NO. 17-15 ADOPTING THE COUNCIL CODE OF CONDUCT WHEREAS, Section 4.(c) of the Avon Charter states, “The Town Council shall be the judge of election and qualifications of its own members.” and Section 5.1 of the Avon Charter states, “The Council shall determine the rules of procedure governing meetings.” and WHEREAS, the Avon Town Council desires to adopt a Council Code of Conduct to articulate minimum standards of conduct and guidelines for Council behavior in various settings and situations to promote effective local governance and earn public confidence in the Avon Town Council. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Council Code of Conduct attached hereto as Exhibit A is hereby adopted. ADOPTED JULY 25, 2017 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Avon Council Code of Conduct July 25, 2017 Page 1 of 8 TOWN OF AVON COUNCIL CODE OF CONDUCT JULY 25, 2017 PREAMBLE The paramount theme of this Council Code of Conduct (“Code”) is the expectation that all Council members shall respect their peer Council members, members of the public, staff and other private and public entities. As the elected representatives of the Town of Avon, the behavior of the Council members directly reflects on the image of the Avon community. Council members often have passion for community issues where reasonable persons may differ in policy decisions. Council members are expected to exercise respectful and appropriate behavior at all times to promote open, thoughtful, and comprehensive debate. It is through the process of respectful debate that Council is most likely to make the best decisions on behalf of the Avon community. Council finds that disrespectful and other inappropriate behavior by any Council member has a direct negative effect on the ability of the Avon Town Council to effectively govern on behalf of the Avon community and has a direct negative effect on the public’s perception of the Avon Town government and Avon community. Therefore, pursuant to the Avon Home Rule Charter authority in Section 4. Qualifications, (c) (“The Town Council shall be the judge of election and qualifications of its own members.”), this Code is adopted to establish appropriate conduct of Council members. I.Purpose This Council Code of Conduct (“Code”) is adopted by the Avon Town Council to prescribe the minimum standards of conduct and proscribe inappropriate behavior required of Council members in the performance of their duty to preserve and protect the present and future of the Avon community. Adherence to the Code is essential for the following reasons: A.To exemplify the leadership and good character essential to establishing an environment of open, honest, respectful and effective government. B.To earn and maintain the respect of the Avon community and other entities for the integrity and professionalism of the Avon town government. C.To earn and maintain the respect of peer Council members for the efficient and effective conduct of Council meetings. D.To encourage appropriate and effective communications by individual Council members with each other, the general public, Town staff, and other entities. E.To reinforce and clarify the responsibilities and appropriate roles of Council members in the performance of their public duties in various situations and settings. II.Expectations of Council Members A.Adhere to this Code, the Code of Ethics, and other laws and policies adopted by the Avon Town Council concerning the conduct of the Avon Town Council. B.Attend all regular Council meetings unless absence is excused. EXHIBIT A: Res. No. 17-15 Avon Council Code of Conduct July 25, 2017 Page 2 of 8 C. Vote on all Council actions unless excused from voting pursuant to the Avon Home Rule Charter or Town Code of Ethics. D. Review Council packet materials prior to Council meetings and attend Council meetings prepared to conduct Town business. E. Attend other meetings for which the Council member has accepted an appointment to represent the Town of Avon unless absence is excused. F. Review packet materials and back-up materials for other meetings and attend such meetings prepared to present and advocate for the Town of Avon’s interest as directed by the Avon Town Council or in accordance with adopted Town policies. G. Refrain from making knowingly false, reckless, sophist or unsubstantiated statements or allegations in an attempt to influence other Council members and Council decisions. H. Refrain from making derisive, disdainful, insulting, scornful, withering, slighting, contemptuous, supercilious, condescending, and/or patronizing statements in all settings, including public, semi-public, and private situations, concerning Council members, Council, Council actions, Town employees, Town agents and consultants, members of the general public, or with persons or entities with which the Town conducts business. I. Refrain from bullying behavior, including behavior which may be perceived to be bullying behavior by a reasonable person. III. Aspirations of Council members A. Demonstrate leadership by respectfully encouraging and mentoring others to practice the principles of respectful and minimum standards of behavior in this Code. B. Respect other people’s time. Stay focused and act efficiently during public meetings. C. Provide questions to the Town Manager and/or Town Attorney regarding Council packet materials at least 24 hours prior to the Council meeting when possible. D. Respect a decision of the Council if opposed or voting in the minority. Refrain from attempting to undermine, frustrate or subvert a decision of Council. Exercise respect when publicly criticizing or disagreeing with a Council decision. Respecting a decision of Council shall not inhibit a dissenting Council member from introducing new information or expressing new considerations which were not considered by Council as the basis of a Council decision. IV. Conduct with Public at Public Meetings Council members should appreciate that many members of the public are not comfortable speaking in public and may feel nervous, apprehensive or uncertain about speaking in public at Council meetings. However, receiving public comments at public meetings is a cornerstone of the local democratic process. Council members should use these guidelines to promote open, effective, and respectful speaking in public. A. Welcome the Public. Council should welcome all members of the public. B. Respect Public Speakers. Council members should treat all public speakers with respect, including the respect of giving attention and active listening. Council members should refrain EXHIBIT A: Res. No. 17-15 Avon Council Code of Conduct July 25, 2017 Page 3 of 8 from facial expressions, tone of voice, body language, or noises that are commonly interpreted to be dismissive, negative or insulting, such as eye rolling, smirking, frustrated sighs. C. Fair Public Hearing Time. Council should be fair and equitable in allocating public hearing time to individual speakers. D. Refrain from Debate with Speakers. Council members should refrain from debate and argument with public speakers, but may ask for clarifications. E. Point of Order. If a speaker is off topic, exhibiting inappropriate behavior or language, or exceeding the allocated speaker’s time, a Council member may ask the Mayor for a Point of Order in accordance with the Simplified Rules of Procedure. F. No Personal Attacks. Council members shall never make a personal attack on a speaker under any circumstance, even when such Council member is the target of a personal attack. Council members are expected to establish the benchmark and standard for public meeting civility. V. Conduct with Public Outside Public Meetings Throughout their term in office, Council members are always perceived as representatives of the Avon community in all public and private settings. Council members should appreciate that comments and statements made outside of a public Council meeting setting can have just as much impact, either positive or negative, on the public’s perception, understanding and trust in the Avon town government. Council members should use these guidelines to promote an environment of civility and professionalism and to avoid unnecessary confusion and conflict. A. Make No Promises on Behalf of the Council. Council members will frequently be asked to explain a Council action or to give his or her opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of Town policy and to refer to Town staff for further information. It is inappropriate to overtly or implicitly promise Council action, or to promise Town staff will do something specific (e.g. fix a pothole, plant a tree, etc.). B. Make No Personal Comments About Other Council Members. It is acceptable to publicly disagree about a Town policy issue or action. However, Council members shall not make derogatory, disparaging, or belittling comments about other Council members, their opinions, actions or votes. C. Avon and Eagle County is a Small Community. Council members are constantly observed by the community every day that they serve in office. The behavior and comment of Council members serve as the standard for proper leadership behavior in the Avon community. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by Council members, 24 hours a day, seven days a week. Adherence to appropriate and respectful behaviors is a serious and continuous responsibility. VI. Conduct with Council A. Council Members are Equal. Each Council member has the same authority and each Council member’s vote carries the same weight. No Council member should attempt to diminish or marginalize the voice and participation of another Council member and no Council member should consider his or her voice, opinion, input, or vote to be more important than any EXHIBIT A: Res. No. 17-15 Avon Council Code of Conduct July 25, 2017 Page 4 of 8 other Council member. Council, as a body, acts most effectively on behalf of Avon community when each Council member fully participates and contributes to the discussions and deliberations of community matters. To this end, each Council member should strive to support, foster and defend the equal participation and contribution from every other Council member. B. Practice Civility and Decorum in Discussions and Debates. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Such challenges do not justify belligerent, personal, impertinent, slanderous, threatening, abusive or disparaging comments. Shouting, profanity or threatening physical actions will not be tolerated. C. Honor the Role of the Chair in Maintaining Order. It is the responsibility of the Chair to keep the discussion of Council members on topic. Council members shall honor and support the Chairperson’s role and shall follow this Code or the Simplified Rules of Order when raising a procedural concern. D. Refrain from Offensive Comments of Other Council Members. If a Council member is personally offended by a comment made by another Council member, the offended Council member should make notes of the actual words used and call for a “point of personal privilege” that challenges the Council member making the comment to either justify or apologize for the language used. The Chair will maintain control of this discussion. E. Demonstrate Effective Problem Solving Approaches. Council members are leaders of the Avon community and have the opportunity to demonstrate by example the methods and process through which persons with disparate points of view can strive to find common-ground; strive to respect, appreciate and accommodate where possible dissenting points of view; and, make decisions intended to benefit the community in a thoughtful, respectful and well- considered manner. VII. Conduct with Boards, Committees and Commissions A. Respect Boards, Committees and Commissions. Council members should always respect the volunteer work of Council appointed boards, committees and commissions and their members. Council members should be particularly sensitive to affirming the importance and value of an Avon boards, committee or commissions when determining to not follow a recommendation of such board, committee or commission. B. Limit Participation, Express Only Personal Opinions. Council members may legally attend any public meeting of an Avon board, committee or commission. Council members shall not comment or participate in any board, committee or commission meeting which will make a recommendation to the Council and/or is a quasi-judicial proceeding that is conducting a public hearing and acting upon an individual application or license. Council members shall be clear that any comments made at a board, committee or commission meeting is only an individual opinion and not a representation of the Council. VIII. Conduct with Staff Effective governance of the Town relies upon the cooperative efforts of elected officials who set policy, and Town staff who implement and administer the Council’s policies. Council members should appreciate EXHIBIT A: Res. No. 17-15 Avon Council Code of Conduct July 25, 2017 Page 5 of 8 and respect in any interaction with Town staff that elected officials are often perceived as having unique authority which can be intimidating and confusing for Town staff. A. Treat All Staff as Professionals. Council members shall treat Town staff with the same respect and dignity that this Code prescribes for Council conduct towards others. Council members shall refrain at all times from any disparaging, dismissive, insulting, aggressive, hostile, intimidating, threatening, bullying or other inappropriate behavior towards any Town staff. B. Limit Contact to Appropriate Town Staff. Council members should make any inquiry, in writing, to the Town Manager, or to the Town Clerk or Department Heads provided that the Town Manager is copied on such inquiry. Inquiries, other than written questions, shall be directed to the Town Manager. The Town Manager may delegate or assign the response to any inquiry to Town staff as appropriate. C. Do Not Direct Town Staff or Town Manager. Council members shall not direct Town staff. Individual Council members shall not direct the Town Manager unless specifically authorized and delegated by the majority of the Town Council and only to the extent of such express Council authorization and delegation. D. Do Not Disrupt Town Staff. Council members shall not disrupt Town staff while they are in meetings, on the phone, or engrossed in performing their job functions. E. Do Not Interfere in Administrative Functions. Council members shall not attempt to influence Town staff in the performance of administrative functions, including but not limited to the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, scheduling of Town work, or granting of Town licenses and permits. F. Do Not Publicly Criticize Town Staff. Council members should never express concerns about the performance of a Town employee in pubic, to the employee directly, or to the employee’s Department Director or supervisor. Comments about the performance of an employee shall be made only to the Town Manager through private correspondence or conversation. Comments about the performance of the Town Manager shall be made to the Mayor. G. Verify Correspondence with Mayor or Town Manager. Before sending correspondence as a Council member, Council members shall check with the Mayor or Town Manager to determine if an official Town response has already been sent or is in progress, or if there is a Town policy that has been adopted by Council that is relevant to the matter. H. Do Not Attend Staff Meetings Unless Invited. Council members shall not attend meetings with Town staff unless invited by Town Manager or delegate. Even if a Council member does not say anything, the Council member’s presence may imply support or opposition, show partiality, intimidate staff, or hamper staff’s ability to do their job effectively. I. Do Not Request Staff Support Unless Authorized. Council members shall not request administrative support from Town staff on any matter unless such matter has been identified by Council as a work item in consultation with the Town Manager and has appointed such Council member(s) to work on such item. Any request for Town staff support shall be through the Town Manager. EXHIBIT A: Res. No. 17-15 Avon Council Code of Conduct July 25, 2017 Page 6 of 8 J. Do Not Solicit Political Support from Staff. Council members may not solicit political support from Town staff. Town staff is legally prohibited from providing political support during work hours or with Town resources in accordance with the Colorado Fair Campaign Practices Act. Town staff has a constitutional right to endorse, support or oppose political candidates during off-work hours and off-premises. Council members should appreciate that Town staff support or involvement in Town political campaigns is likely to create awkward and uncomfortable working relationships within the Town government. IX. Conduct with Other Entities A. Be Clear in Representation. If Council members communicate or provide comments to other public or private entities, Council members shall clearly state (1) if his or her statement reflects personal opinion or is the official position of the Town, and (2) whether the statement is consistent with the majority or minority opinion of Council. B. Represent Official Town Position. When a Council member is appointed to serve as the Town of Avon’s representative on a third-party board or commission (e.g. Upper Eagle River Water Authority, ECO Board, Non-Profit Housing Corporation Board of Directors) such Council member shall coordinate with Council to accurately represent the Town’s position on matters as determined by Council and shall coordinate with the Town Manager and Town Attorney as appropriate to prepare for meetings. C. Maintain Decorum, Civility and Respectfulness. Council members should always maintain decorum, civility and respectfulness in any communication or interaction with other public or private entities. X. Conduct with Media A. The Mayor is the Official Spokesperson. The Mayor is the designated representative of the Council to present and speak on the official Town position. Council members should refer media questions to the Mayor or Town Manager in order to provide an accurate, cohesive and consistent response that reflects the Town’s position. B. Rights of Free Speech. Council members have a constitutional right of free speech. If an individual Council member is contacted by the media, the Council member should be clear that their comments represent their own personal view. C. Council Meetings are the Appropriate Forum for Public Debate. Council members should respect that Council meetings are the designated and appropriate place for Council members to express opinions on Town matters and that Council members should say everything they believe is relevant and meaningful to a particular Town matter at such Council meeting. As such, Town Council member should be able to refer media questions concerning a Council member’s opinions on a Town matter to the Council meeting at which such Council member fully expressed his or her opinion. Council members should not attempt to debate Council matters, re-open Council decisions, or introduce new information or Town issues through the media. D. Choose Words Carefully and Cautiously. The media may take comments out of context and may then portray a meaning that was not intended. When communicating with media, Council members should avoid humor, sardonic asides, sarcasm, word play, slang, idioms, EXHIBIT A: Res. No. 17-15 Avon Council Code of Conduct July 25, 2017 Page 7 of 8 metaphors, analogies, and hyperboles which are inherently not accurate and can be easily misconstrued. XI. Code of Ethics, Confidential Information A. Code of Ethics. Council members shall adhere to the Town Code of Ethics at all times. B. Confidential Information. Council member shall never disclose confidential information and shall handle all confidential information with a reasonable duty of care to prevent inadvertent disclosure. Council member should refrain from participating in conversations in which persons speculate and/or guess at the nature or content of executive sessions or other confidential matters. XII. Sanctions A. Violation of Code. A violation of this Code by a Council member may be subject to sanctions, removal and other appropriate actions by the Council. An alleged violation of this Code by any Council member may be raised by any other Council member either (1) verbally at a Council meeting, or (2) in writing addressed to Council and submitted to the Mayor. Council may not accept or act upon anonymous allegations of violations of this Code. B. Council Discussion and Decision. An alleged violation of this Code may be considered, discussed and acted upon by Council at a regular or special Council meeting when the alleged violation is included on the agenda prior to the meeting and the Council member accused of violating this Code is in attendance. C. Action. If Council finds that a violation of this Code has occurred, Council may take the following actions, which actions shall require the concurring vote of five (5) Council members: 1. Issue a Reminder and Notice. Determine and find that a specific behavior is not in compliance with the Code and provide a reminder and/or notice to all Council members that such behavior is not appropriate. 2. Issue a Public Sanction. Acknowledge that a violation of this Code has occurred and reprimand such Council member as determined appropriate by Council. 3. Issue a Public Sanction with Corrective Action. Acknowledge that a violation of this Code has occurred and reprimand such Council member and set forth corrective action and/or suggested training or counseling as determined appropriate by Council. 4. Action by Motion or Resolution. Council may take action to sanction a Council member by motion or by adoption of a Resolution. 5. Cumulative Actions Permitted. Any action by Council under this Code shall not restrict or prevent Council from taking other lawfully authorized actions under the Town Charter, the Avon Municipal Code, or other local, state or federal laws. EXHIBIT A: Res. No. 17-15 Avon Council Code of Conduct July 25, 2017 Page 8 of 8 Appendix A: Definitions Bullying Behavior means repeated health-harming mistreatment by abusive verbal or non-verbal behavior directed towards another that is threatening, cruel, humiliating, insulting, or degrading with the intent, or reasonable awareness, to intimidate or demoralize another or with the intent to interfere or sabotage the work performance of another. Chair means the Mayor, Mayor-Pro Tem, Acting Mayor, or other Council member designated to chair or moderate a Council meeting. Code of Ethics means the Town of Avon Code of Ethics adopted in Chapter 2.30 of the Avon Municipal Code. Council means the Avon Town Council, as the governing body of the Town of Avon, as defined in the Avon Home Rule Charter. Council member means any of the seven members of the Avon Town Council, including the Mayor and Mayor Pro-Tem. Excused Absence means an absence from a Council meeting or other meeting for which a Council member has been appointed to represent the Town of Avon when the Council member has notified the Town Clerk prior to such meeting that the Council member is not able to attend such meeting or when such Council member is not able to attend such meeting and is not able to communicate the inability to attend prior to such meeting due to incapacity, accident, weather conditions, emergency, or other conditions beyond the control of the Council member. Council members should strive to notify the Town Clerk and Mayor as soon as possible when not able to attend a meeting. Inappropriate Behavior means abusive, aggressive, belligerent, discriminating, dismissive, disparaging, disrespectful, hostile, impertinent, insulting, intimidating, libelous, slanderous, threatening, or similar behavior. Shall means prescribed behavior that is mandatory and required. Should means behavior guidance that Council finds respectful and appropriate. Town staff means all Town employees, including the Town Manager unless otherwise stated. EXHIBIT A: Res. No. 17-15 Page 1 of 5https://www.shrm.org/ResourcesAndTools/hr-topics/risk-management/Pages/Workplace-Bullying-Laws.aspx Workplace-Bullying Laws on the Horizon? By Roy Maurer Jul 16, 2013 Since 2003, 25 states have introduced workplace bullying legislation that would allow workers to sue for harassment without requiring a showing of discrimination. Critics contend that these laws would encourage frivolous lawsuits. Could they protect workers from bullying while not opening up employers to scores of meritless claims or imposing a civility code on the workplace? "In fact, workplace bullying may lead to the boldest proposed change in U.S. employment law since the passage of Title VII of the Civil Rights Act," said Lori Armstrong Halber, a partner in the Philadelphia office of Fisher & Phillips. "We all agree with the concept that there shouldn't be jerks in the workplace, but the issue is whether we can legislate that," said Rick Grimaldi, a partner in the Philadelphia and Washington, D.C., offices of Fisher & Phillips. "The whole concept is difficult to get your head around when you think about how expansive this could be. Every disgruntled employee becomes a potential plaintiff." Presently, bullying by itself does not violate Title VII or any other anti-discrimination law. Employees can sue companies for creating a "hostile work environment," which can include bullying as harassment, but the harassment usually is tied to a protected category, such as race, sex, religion or national origin. Anti-bullying advocates are pushing legislation to protect workers who are not in a protected class. Other countries—England, Sweden, Australia—already have such laws. But how do you define bullying? asked Armstrong Halber. "In an effort to avoid litigation, employers would be mediating all sorts of employee interactions. They'd be hearing things like 'He was mean to me,' and 'She doesn't like me.' " What we're talking about is legislating civility, Grimaldi explained. "Other employment laws were designed to provide equal opportunity to classes of people who historically were not afforded those opportunities. In that respect, legislating civility would appear to be a new employment law phenomenon." Bullying Behavior at Work According to the Healthy Workplace Campaign (www.shrm.orghttp://www.healthyworkplacebill.org/about.php) (HWC), bullying is four times more prevalent than illegal discrimination; yet it's still legal in the United States. SHRM Article - 2013 Page 2 of 5https://www.shrm.org/ResourcesAndTools/hr-topics/risk-management/Pages/Workplace-Bullying-Laws.aspx The campaign describes workplace bullying as repeated health-harming mistreatment that takes one or more of the following forms: Verbal abuse. Offensive behaviors that are threatening, humiliating or intimidating. Work interference or sabotage that prevents work from getting done. Some of the most common tactics used by workplace bullies, according to the Workplace Bullying Institute: Falsely accusing someone of errors the person didn't actually make. Hostile staring or nonverbal intimidation. Unjustly discounting the person's thoughts or feelings in front of others. Using the "silent treatment." Making up rules for specific people. Disregarding and discrediting satisfactory work despite evidence. Harshly and constantly criticizing the person. Starting, or failing to stop, destructive rumors or gossip about the person. Encouraging people to turn against the person being tormented. Singling out and isolating one person from other co-workers, either socially or physically. Publicly directing gross and undignified behavior at the victim. Yelling, screaming or throwing tantrums in front of others to humiliate someone. According to the HWC: "In its more severe forms it triggers a host of stress-related health complications, such as hypertension, auto-immune disorders, depression, anxiety and post-traumatic stress disorder. The person's immediate job and often career are disrupted." Half of the companies surveyed by the Society for Human Resource Management (SHRM) in 2011 reported incidents of workplace bullying. The survey found that 27 percent of HR professionals themselves had been victims. "Bullying in the workplace can have a wide range of impact on employees," said Evren Esen, manager of the Survey Research Center at SHRM. "According to HR professionals' perceptions, decreased employee morale and increased employee stress were among the top observed outcomes. However, increased employee turnover, decreased trust in management and increased employee absenteeism were also reported." Regulating Bullies While there is no workplace anti-bullying law in the United States, at either the federal or state level, 25 states have proposed variations of the Healthy Workplace Bill (www.shrm.orghttp://www.healthyworkplacebill.org/), crafted by Suffolk University law professor David Yamada for the HWC. The measure would prohibit workplace harassment without the necessity of demonstrating that such harassment is based on a protected class. SHRM Article - 2013 Page 3 of 5https://www.shrm.org/ResourcesAndTools/hr-topics/risk-management/Pages/Workplace-Bullying-Laws.aspx "Employers are inadequately addressing workplace bullying voluntarily," said Gary Namie, director of the Workplace Bullying Institute and lead advocate for the bill. For example, Namie said, "bullying costs are high, though preventable, and yet, employers do not act rationally and cut costs by eliminating the problem. Instead they suffer through turnover, absenteeism and excessive legal-defense expenses simply to defend the destructive individuals." Ask any HR executive at a large firm if he or she has the authority to reprimand or fire a senior vice president who bullies employees, Namie said. "The organization eats the costs." "Employers react to laws with internal policies," he added. "The true purpose of the Healthy Workplace bill is to get employers to prevent bullying with policies and procedures that apply to all employees. The bill gives good employers incentives to do the right thing by avoiding expensive litigation." The legislation does the following: Precisely defines an "abusive work environment" as a high standard for misconduct. Requires proof of health harm by licensed health or mental-health professionals. Protects conscientious employers from vicarious liability risk when internal correction and prevention mechanisms are in effect. "This is the primary goal of the Healthy Workplace bill—to provide employers the incentive to do what is right for them and avoid litigation at the same time," said Namie. Gives employers a reason to terminate or sanction offenders. Requires plaintiffs to use private attorneys. Plugs the gaps in current state and federal civil rights protections. Allows the bully to be sued as an individual. Offers affirmative defense provisions that preserve managers' rights to discipline and terminate employees for cause, as long as the conduct is not abusive. A Look at One State's Anti-Bullying Bill One of the most recent iterations of the Healthy Workplace Bill was introduced in Massachusetts in January 2013 (www.shrm.orghttp://www.malegislature.gov/Bills/188/House/H1766). If an employer or employee is found to have created an abusive work environment, the bill would permit a court to order any relief that was "deemed appropriate, including, but not limited to: reinstatement of the bullied employee, removal of the offending party from the complainant's work environment, back pay, front pay, medical expenses, compensation for pain and suffering, compensation for emotional distress, punitive damages and attorney's fees." According to the measure, an abusive workplace environment is one where "an employer or one or more of its employees, acting with intent to cause pain or distress to an employee, subjects that employee to abusive conduct that causes physical harm, psychological harm or both." The Massachusetts bill distinguishes between targets of bullying who have and have not been subjected to an adverse employment action. SHRM Article - 2013 Page 4 of 5https://www.shrm.org/ResourcesAndTools/hr-topics/risk-management/Pages/Workplace-Bullying-Laws.aspx Businesses cannot be penalized if the complaint is based on an adverse employment action taken because of poor performance, misconduct or economic necessity; a reasonable performance evaluation; or "an employer's reasonable investigation about potentially illegal or unethical activity." Organizations can escape liability by showing they exercised "reasonable care to prevent and correct promptly any actionable behavior and the complainant employee unreasonably failed to take advantage of appropriate preventive or corrective opportunities provided by the employer." Fostering a Culture of Respect Proponents of anti-workplace-bullying legislation say that without laws on the books, employers will condone bullying as a means to an end. However, critics argue that companies already address workplace bullying because this behavior is detrimental to their business by affecting employee morale, quality of work, and turnover. Smart employers recognize that workers who feel respected are more productive and invested in the success of the enterprise, said Grimaldi. "Broader respect in the workplace concepts that cover what could be considered bullying behavior in interactions between employees and co-workers, as well as supervisors and employees, should be included in employers' anti- harassment and discrimination policies," he advised. Armstrong Halber agreed and said that employers' training should focus not only on avoiding legal liability but creating a respectful workplace. "Good employers recognize that while it's often not possible to change the way people think, they can be encouraged to respect differences and interact in ways that de-escalate potentially explosive situations," she said. "Good employers also recognize that the yelling, screaming or threatening supervisor is more often than not ineffective and creates a failure to communicate." Instituting an Anti-Bullying Policy According to the SHRM survey, 56 percent of companies have some form of anti-bullying policy that is commonly mentioned in an employee handbook or code of conduct. Responses to workplace bullying include firing, suspension or anger-management training. An anti-bullying policy, which might be added to a larger anti-harassment policy, should define bullying, provide examples of such behavior and communicate a reporting procedure. SHRM's workplace bullying sample policy (www.shrm.org/templatestools/samples/policies/pages/cms_018350.aspx) includes a definition of bullying, a statement about the purpose of the policy, and examples of bullying behavior, such as using verbal or nonverbal threatening gestures, spreading rumors and gossip about an individual, and hindering someone's ability to work. Most companies' equal employment opportunity policies are broader than what the law calls for, so they would tend to cover the actions of the equal opportunity jerk, Grimaldi observed. SHRM Article - 2013 Page 5 of 5https://www.shrm.org/ResourcesAndTools/hr-topics/risk-management/Pages/Workplace-Bullying-Laws.aspx Contact Us (www.shrm.org/about-shrm/Pages/Contact-Us.aspx) | 800.283.SHRM (7476) © 2017 SHRM. All Rights Reserved SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer (www.shrm.org/about-shrm/Pages/Terms-of-Use.aspx#Disclaimer) "Rather than impose civility and respect in the work environment, it's a cultural thing that you want to work from the inside out," Grimaldi said. "That's why we believe that training and respect-based programs resonate, because it fosters a culture that becomes embedded, and that's what you're looking to do." Along with consistently enforcing anti-harassment policies, businesses must provide training, said Armstrong Halber. Everyone on staff needs to have that communication and education. "I would say in-person training is more effective than Web-based training," she said. And training line managers is key. "A lot of those people have been promoted to their position because they're good at what they do, but they don't necessarily have management training. I would say that they're the most important set of individuals that need this type of training." But anti-bullying-legislation advocates see the Healthy Workplace bill as the only way to offset the lack of legal protections. "Employers need to recognize the magnitude of the problem and quit minimizing it, believing they already address it with other programs like conflict resolution when they do not," said Namie. "Abuse in the workplace is the last form of abuse not considered taboo in the U.S.," he said. "In practice, workplace bullying is domestic violence at work, where the abuser is on the payroll. The longer we delay, the more workers who don't deserve denigrating abuse suffer." Roy Maurer is an online editor/manager for SHRM. Follow him on Twitter @SHRMRoy (www.shrm.orghttps://twitter.com/SHRMRoy). OTHER EMPLOYEE RELATIONS TOPICS |OTHER RISK MANAGEMENT TOPICS |VIOLENCE |BULLYING |RISK MANAGEMENT COMPLIANCE SHRM Article - 2013 Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct Town of Camp Verde, AZ Code of Conduct CODE OF CONDUCT FOR ELECTED OFFICIALS Adopted by City Council Resolution No. 15-2004 March 2, 2004 City of Evans, CO Code of Conduct 1 City of Evans Code of Conduct for Elected Officials The Three Rs of Evans Government Leadership: Roles, Responsibilities and Respect The City Charter provides detailed information on the roles and responsibilities of Council members, the Mayor Pro-Tem, and the Mayor. The City’s Code of Ethics provides guidance on ethical issues and questions of right and wrong. Until now, what has not been clearly written down is a Code of Conduct for Evans’ elected officials. This Code of Conduct is designed to describe the manner in which Council members should treat one another, city staff, constituents, and others they come into contact with in representing the City of Evans. It reflects the work of the City Council with defining more clearly the behavior, manners, and courtesies that are suitable for various occasions. The City Council also considered a wide variety of policy changes and clarifications designed to make public meetings and the process of governance run more smoothly. The contents of this Code of Conduct includes: Page •Overview of Roles & Responsibilities 2 •Policies & Protocol Related to Conduct 3 •Council Conduct with One Another 4 •Council Conduct with City Staff 5 •Council Conduct with The Public 7 •Council Conduct with Other Public Agencies 8 •Council Conduct with Boards and Commissions 9 •Council Conduct with The Media 10 •Sanctions 10 •Principles of Proper Conduct 11 •Checklist for Monitoring Conduct 12 • How Governing Body Members Can Govern Better 13 •Glossary of Terms 17 The constant and consistent theme through all of the conduct guidelines is "respect." Council members experience stress in making decisions that impact the lives of the citizens. At times, the impacts of the entire community must be weighed against the impact of only a few. Despite these pressures, elected officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual through words and actions is the touchstone that can help guide Council members to do the right thing in even the most difficult situations. City of Evans, CO Code of Conduct 2 Overview of Roles & Responsibilities Other resources that are helpful in defining the roles and responsibilities of elected officials can be found in the Evans City Charter, Evans Municipal Code and in the Handbook for Municipal Elected Officials, published by the Colorado Municipal League. MAYOR •Elected “at-large” for a two year term (Evans City Charter, Section 3.4) •Recognized as head of the City Government for all ceremonial purposes (Evans City Charter, Section 3.9) •Preside over meetings of the City Council (Evans City Charter, Section 3.9) •Has same speaking and voting rights as any other member (Evans City Charter, Section 3.9) •Shall in no case have the power to veto (Evans City Charter, Section 3.9) •Executes and authenticates legal instruments requiring signature (Evans City Charter, Section 3.9) •Shall be the conservator of peace, and in emergencies may exercise within the City thepowers conferred by the Governor of the State of Colorado for purposes of military law, and shall have the authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the City and to suppress riot and disorder (Evans City Charter, Section 3.9) •Leads the Council into an effective, cohesive working team. MAYOR PRO-TEM •Elected by the City Council at the first meeting following their election (Evans CityCharter, Section 3.9) •Performs the duties of the Mayor if the Mayor is absent or disabled (Evans City Charter, Section 3.9) ALL COUNCILMEMBERS All members of the City Council, including the Mayor and Mayor Pro-Tem, have equal votes. No Councilmember has more power than any other Councilmember, and all should be treated with equal respect. All Council members should: • Fully participate in City Council meetings and other public forums while demonstratingrespect, kindness, consideration, and courtesy to others • Prepare in advance of meetings and be familiar with issues on the agenda • Represent the City at ceremonial functions at the request of the Mayor • Be respectful of other people’s time. Stay focused and act efficiently during public meetings. City of Evans, CO Code of Conduct 3 • Serve as a model of leadership and civility to the community • Inspire public confidence in Evans government • Provide contact information with the City Clerk in case of an emergency or an urgent situation arises while the Councilmember is out of town • Demonstrate honesty and integrity in every action and statement • Participate in scheduled activities Policies & Protocol Related To Conduct Ceremonial Events Requests for a City representative at ceremonial events will be handled by City staff. The Mayor will serve as the designated City representative. If the Mayor is unavailable, then City staff will determine if event organizers would like another representative from the Council. If yes, then the Mayor Pro-Tem will be recommended to serve as the substitute. Invitations received at City Hall are presumed to be for official City representation. Invitations addressed to Council members at their homes are presumed to be for unofficial, personal consideration. Correspondence Signatures Council members do not need to acknowledge the receipt of correspondence, or copies of correspondence, during Council meetings. City staff will prepare official letters in response to public inquiries and concerns. These letters will carry the signature of the Mayor or the appropriate City staff. If correspondence is addressed only to one Councilmember, that correspondence will be shared with the rest of the Council. Endorsement of Candidates Council members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention endorsements during Council meetings or other official City meetings or functions. Intergovernmental Relations The Council values intergovernmental relations with neighboring communities and other entities. As a result, Council menbers should make a concerted effort to attend scheduled meetings with other entities to further promote intergovernmental relations. Legislative Process The City generally follows Roberts Rule of Order for meeting management. Public Meeting Hearing Protocol The Mayor will open the public hearing. Staff will make the initial presentation. The applicant or appellant shall have the right to speak first. The Mayor will determine the length of time allowed for this presentation. Speakers representing pro points of view will be allowed to follow. Speakers representing opposing points of view will then follow. The Mayor will determine how much time will be allowed for each speaker, with 3 to 5 minutes the standard time granted. The Mayor will then ask the Council if any issues need clarification before the public hearing is City of Evans, CO Code of Conduct 4 closed. The Mayor has the responsibility to run an efficient public meeting and has the discretion to modify the public hearing process in order to make the meeting run smoothly. Council members will not express opinions during the public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. "I think" and "I feel" comments by Council members are not appropriate until after the close of the public hearing. Council members should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. Main motions may be followed by amendments, followed by substitute motions. Any Councilmember can call for a point of order. Only Council members who voted on the prevailing side may make motions to reconsider. Travel Expenses The purpose of this regulation is to establish the policies and procedures for Council members who travel on official City business either in-state or out-of-state. Such travel shall include attendance at conferences, seminars, and training sessions on behalf of the City. The City shall pay reasonable expenses for registration fees, lodging, meals, transportation, and all allowable miscellaneous expenses for the Council member only. All travel expenses will be handled in the same manner and consistent with the provisions within the City’s Employee Handbook. Council Conduct with One Another Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues. IN PUBLIC MEETINGS • Practice civility, professionalism and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, Council members to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. Council members should conduct themselves in a professional manner at all times, including dress. • Honor the role of the Mayor in maintaining order It is the responsibility of the Mayor to keep the comments of Council members on track during public meetings. Council members should honor efforts by the Mayor to focus discussion on current agenda items. If there is disagreement about the agenda or the Mayor’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure. City of Evans, CO Code of Conduct 5 • Avoid personal comments that could offend other Council members If a Councilmember is personally offended by the remarks of another Councilmember, the offended Councilmember should make notes of the actual words used and call for a "point of personal privilege" that challenges the other Councilmember to justify or apologize for the language used. The Mayor will maintain control of this discussion. • Demonstrate effective problem-solving approaches Council members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. • Be punctual and keep comments relative to topics discussed Council members have made a commitment to attend meetings and partake in discussions. Therefore, it is important that Council members be punctual and that meetings start on time. It is equally important that discussions on issues be relative to the topic at hand to allow adequate time to fully discussed scheduled issues. IN PRIVATE ENCOUNTERS • Continue respectful behavior in private The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. • Be aware of the insecurity of written notes, voicemail messages, and e-mail Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speaker phone in a full office? What would happen if this e-mail message was forwarded to others? Written notes, voicemail messages and e-mail should be treated as potentially "public" communication. • Even private conversations can have a public presence Elected officials are always on display – their actions, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted. Council Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, who implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. • Treat all staff as professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. City of Evans, CO Code of Conduct 6 • Limit contact to specific City staff Questions of City staff and/or requests for additional background information should be directed to the City Manager, City Attorney, or Department Heads. The City Manager should be copied on or informed of any request. Requests for follow-up or directions to staff should be made only through the City Manager or the City Attorney when appropriate. When in doubt about what staff contact is appropriate, Council members should ask the City Manger for direction. Materials supplied to a Councilmember in response to a request will be made available to all members of the Council so that all have equal access to information. • Do not disrupt City staff from their jobs Council members should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. • Never publicly criticize an individual employee Council should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee’s manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. • Do not get involved in administrative functions Council members must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. The Evans City Charter, Section 4.6, also contains information about the prohibition of Council interference in administrative functions. • Check with City staff on correspondence before taking action Before sending correspondence, Council members should check with City staff to see if an official City response has already been sent or is in progress. • Do not attend meetings with City staff unless requested by staff. Even if the Councilmember does not say anything, the Councilmember’s presence implies support, shows partiality, intimidates staff, and hampers staff’s ability to do their job objectively. • Limit requests for staff support All mail for Council members is opened by the City Clerk. Mail addressed to the Mayor is reviewed first by the City Manager who notes suggested action and/or follow-up items. Requests for additional staff support – even in high priority or emergency situations -- should be made to the City Manager who is responsible for allocating City resources in order to maintain a professional, well-run City government. • Do not solicit political support from staff Council members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. City of Evans, CO Code of Conduct 7 Council Conduct with the Public IN PUBLIC MEETINGS Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Council members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. • Be welcoming to speakers and treat them with care and gentleness Speaking in front of Council can be a difficult experience for some people. Some issues the Council undertakes may affect people’s daily lives and homes. Some decisions are emotional. The way that Council treats people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity. • Be fair and equitable in allocating public hearing time to individual speakers The Mayor will determine and announce limits on speakers at the start of the public hearing process. Generally, each speaker will be allocated three-minutes with applicants and appellants or their designated representatives allowed more time. If many speakers are anticipated, the Mayor may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Council requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Mayor reopens the public hearing for a limited and specific purpose. • Give the appearance of active listening It is disconcerting to speakers to have Council members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom. • Ask for clarification, but avoid debate and argument with the public Only the Mayor – not individual Council members -- can interrupt a speaker during a presentation. However, a Councilmember can ask the Mayor for a point of order if the speaker is off the topic or exhibiting behavior or language the Councilmember finds disturbing. If speakers become flustered or defensive by Council questions, it is the responsibility of the Mayor to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Council members to members of the public testifying should seek to clarify or expand information. It is never appropriate to belligerently challenge or belittle the speaker. Council members’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed. • No personal attacks of any kind, under any circumstance Council members should be aware that their body language and tone of voice, as well as the words they use, can appear to be intimidating or aggressive. City of Evans, CO Code of Conduct 8 • Follow parliamentary procedure in conducting public meetings The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Mayor, subject to the appeal of the full Council. IN UNOFFICIAL SETTINGS • Make no promises on behalf of the Council Council members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council action, or to promise City staff will do something specific (fix a pothole, remove a library book, plant new flowers in the median, etc.). • Make no personal comments about other Council members It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Council members, their opinions and actions. • Remember that despite its impressive population figures, Evans is a small community at heart Council members are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City of Evans. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by Council members, 24 hours a day, seven days a week. It is a serious and continuous responsibility. Council Conduct with Other Public Agencies • Be clear about representing the City or personal interests If a Councilmember appears before another governmental agency or organization to give a statement on an issue, the Councilmember must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the City; 2) whether this is the majority or minority opinion of the Council. Even if the Councilmember is representing his or her own personal opinions, remember that this still may reflect upon the City as an organization. If the Councilmember is representing the City, the Councilmember must support and advocate the official City position on an issue, not a personal viewpoint. If the Councilmember is representing another organization whose position is different from the City, the Councilmember should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest. Council members should be clear about which organizations they represent and inform the Mayor and Council of their involvement. City of Evans, CO Code of Conduct 9 • Correspondence also should be equally clear about representation City letterhead may be used when the Councilmember is representing the City and the City’s official position. A copy of official correspondence should be given to the City Clerk to be filed as part of the permanent public record. It is best that City letterhead not be used for correspondence of Council members representing a personal point of view, or a dissenting point of view from an official Council position. Council Conduct With Boards and Commissions The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. • If attending a Board or Commission meeting, be careful to only express personal opinions Council members may attend any Board or Commission meeting, which are always open to any member of the public. However, if the Board or Commission is conducting a public hearing, the Councilmember shall remove themselves from the proceedings. Council members should be sensitive to the way their participation – especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Board or Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. Also, a Councilmember’s presence may affect the conduct of the Board or Commission and limit their role and function. • Limit contact with Board and Commission members It is inappropriate for a Councilmember to contact a Board or Commission member to lobby on behalf of an individual, business, or developer. Council members should contact staff in order to clarify a position taken by the Board or Commission. • Remember that Boards and Commissions serve the community, not individual Council members The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. But Board and Commission members do not report to individual Council members, nor should Council members feel they have the power or right to threaten Board and Commission members with removal if they disagree about an issue. Appointment and re-appointment to a Board or Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A Board or Commission appointment should not be used as a political "reward." •Be respectful of diverse opinions A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers must be fair and respectful of all citizens serving on Boards and Commissions. City of Evans, CO Code of Conduct 10 • Keep political support away from public forums Board and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Council members may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember. • Inappropriate behavior can lead to removal Inappropriate behavior by a Board or Commission member should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Council and the individual is subject to removal from the Board or Commission. Council Conduct with The Media Council members may be contacted by the media for background and quotes. • The best advice for dealing with the media is to never go "off the record" Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted. • The Mayor is the official spokesperson for the representative on City position. The Mayor is the designated representative of the Council to present and speak on the official City position. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. • Choose words carefully and cautiously Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. Sanctions • Public Disruption Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the Council Chambers. • Inappropriate Staff Behavior Council members should refer to the City Manager any City staff who do not follow proper conduct in their dealings with Council members, other City staff, or the public. These employees may be disciplined in accordance with standard City procedures for such actions. City of Evans, CO Code of Conduct 11 • Council members Behavior and Conduct City Council members who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council. Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as deemed appropriate by Council. Council members should point out to the offending Councilmember infractions of the Code of Ethics or Code of Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Mayor Pro-Tem. It is the responsibility of the Mayor to initiate action if a Councilmember’s behavior may warrant sanction. If no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public meeting. If violation of the Code of Ethics or Code of Conduct is outside of the observed behaviors by the Mayor or Council members, the alleged violation should be referred to the Mayor. The Mayor should ask the City Manager and/or the City Attorney to investigate the allegation and report the findings to the Mayor. It is the Mayor’s responsibility to take the next appropriate action. These actions can include, but are not limited to: discussing and counseling the individual on the violations; recommending sanction to the full Council to consider in a public meeting; or forming a Council ad hoc subcommittee to review the allegation; the investigation and its findings, as well as to recommend sanction options for Council consideration. Principles of Proper Conduct Proper conduct IS … o Keeping promises o Being dependable o Building a solid reputation o Participating and being available o Demonstrating patience o Showing empathy o Holding onto ethical principles under stress o Listening attentively o Studying thoroughly o Keeping integrity intact o Overcoming discouragement o Going above and beyond, time and time again o Modeling a professional manner City of Evans, CO Code of Conduct 12 Proper conduct IS NOT … • Showing antagonism or hostility • Deliberately lying or misleading • Speaking recklessly • Spreading rumors • Stirring up bad feelings, divisiveness • Acting in a self-righteous manner It all comes down to respect Respect for one another as individuals . . . respect for the validity of different opinions . . . respect for the democratic process . . . respect for the community that we serve. Checklist for Monitoring Conduct • Will my decision/statement/action violate the trust, rights or good will of others? • What are my interior motives and the spirit behind my actions? • If I have to justify my conduct in public tomorrow, will I do so with pride or shame? • How would my conduct be evaluated by people whose integrity and character I respect? • Even if my conduct is not illegal or unethical, is it done at someone else’s painful expense? Will it destroy their trust in me? Will it harm their reputation? • Is my conduct fair? Just? Morally right? • If I were on the receiving end of my conduct, would I approve and agree, or would I take offense? • Does my conduct give others reason to trust or distrust me? • Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for? • Do I exhibit the same conduct in my private life as I do in my public life? • Can I take legitimate pride in the way I conduct myself and the example I set? • Do I listen and understand the views of others? • Do I question and confront different points of view in a constructive manner? • Do I work to resolve differences and come to mutual agreement? • Do I support others and show respect for their ideas? • Will my conduct cause public embarrassment to someone else? City of Evans, CO Code of Conduct 13 How Governing Body Members Can Govern Better The following items are taken from the Colorado Municipal League, Handbook for Municipal Elected Officials, and is reprinted from the League of Kansas Municipalities’ brochure, “Suggestions for Successful Public Service” Governing is clearly more of an art than a science. There are no ultimate answers on how to govern; different approaches are to be expected, and probably desired. However, there do seem to be some fundamentals. The suggestions that follow range from practical, common sense fundamentals to those more philosophic and theoretical. These tips for successful and effective public service are intended to assist mayors, council members, and board trustees. While most suggestions relate to individual officers others apply to the governing body as a whole. These two applications, however, are interdependent - the capacity of a governing body to govern effectively is dependent on the collective capacities of at least a majority of its membership. These suggestions are not in any priority order, and not all are universally accepted. All of them, however, are worth consideration by anyone who would serve the public through an elective local office. 1. Learn all you can about your city, its history, its operation, its financing. Do your homework. Know your city ordinances. Dust off your comprehensive plan. 2. Devote sufficient time to your office and to studying the present and future problems of your community. 3. Don’t bum yourself out on the little things but recognize that they are often important to the public. Save some energy - and time - for the important matters. 4. Don’t act as a committee of one; governing a city requires team effort - practically and legally. 5. Don’t let honest differences of opinion within the governing body degenerate into personality conflicts. 6. Remember that you represent all the people of your community, not just neighbors and friends. Be wary of personal experiences coloring your public decisions. 7. Take your budget preparation job seriously, for it determines what your city does or does not do for the coming year and will also influence what happens in future years. 8. Establish policy statements. Written policy statements let the public, and the city staff, know where they stand. They help the governing body govern, and writing them provides a process to develop consensus. 9. Make decisions on the basis of public policy, and be consistent. Treat similar situations similarly, and avoid favoritism. 10. Focus your attention on ways to prevent problems, rather than just trying to solve them as they occur. Filling potholes is one approach to governing; developing plans to prevent them is more important. City of Evans, CO Code of Conduct 14 11. Don’t be misled by the strong demands of special interest groups who want it done now, their way. Your job is to find the long-term public interest of the community as a whole, and you may be hearing from the wrong people. 12. Don’t rush to judgment. Few final actions have to be taken at the first meeting at which they are considered. Avoid “crisis management.” 13. Don’t be afraid of change. Don’t be content to just follow the routine of your predecessors. Charge your appointed officers and employees with being responsible for new ideas and better ways. Listen to what they have to say. 14. Don’s give quick answers when you are not sure of the real answer. It may be embarrassing to appear ignorant, but it can be more embarrassing, and damaging, to tell a person something which is wrong. 15. As an individual, even if you are the mayor, don’t make promises you can’t deliver! Most decisions and actions require approval of the governing body, and this takes a majority vote. 16. Remember that you have legal authority as a governing body member only when the governing body is in legal session. 17. Don’t spring surprises on your fellow governing body members or your city staff, especially at formal meetings. If a matter is worth bringing up for discussion, it’s worth being on the agenda. Surprises may get you some publicity, at the embarrassment of others, but they tend to erode the “team” approach to governance. 18. Participate in official meetings with the dignity and decorum fitting those who hold a position of public trust. Personal dress and courteous behavior at meetings help create an environment for making sound public decisions. 19. Conduct your official public meetings with some formality, and follow rules of procedure. Have an agenda, and follow it. Most governing body members agree that formal meetings expedite the process and promote better decision making. 20. Don’t be afraid to ask questions. It is one of the ways we learn. But do your homework by studying agenda material before meetings. 21. Vote yes or no on motions. Don’t cop out by abstaining except when you have a conflict of interest. A pass does not relieve you of responsibility when some decision must be made. 22. Once a majority decision of the governing body has been made, respect that official position and defend it if needed, even if you personally disagreed. 23. Respect the letter and intent of the open meetings law, but also keep private and confidential matters to yourself. Don’t gossip. 24. Retain competent, key employees, pay them well, trust their professional judgment, and recognize their authority and responsibilities. 25. Don’t bypass the system! If you have a manager or other chief administrative officer, stick to policy making and avoid personal involvement in the day-to-day operations of the municipality. If you do not have an administrative officer, make City of Evans, CO Code of Conduct 15 sure you have some management system that officers, employees, and the public understand. 26. Don’t let others bypass the system. Insist that people such as equipment or service suppliers work with your city staff. If direct contact with governing body members is necessary, it should be with the governing body as a whole, or a committee, and not on a one-on-one basis. 27. Don’t pass the buck to the staff or employees when they are only following your policies or decisions. 28. Don’t always take no for an answer. The right question may be “How can we do this?” instead of “May we do this?” Be positive! 29. Learn to evaluate recommendations and alterative courses of action. Request that your staff provide options. Encourage imaginative solutions. 30. Avoid taking short-term gains at the expense of long-term losses. Be concerned with the long-term future of the city. 31. In determining the public interest, balance personal rights and property interests, the possible harm to a few versus the good of the many. Recognize that in some situations, everyone can’t be a winner. 32. Remember that cities are for people! Be concerned with the total development - physical, economic, and social - of your community. 33. Don’t act as if the city operates in a vacuum. Cities must work within the intergovernmental system to be effective. Keep in contact and cooperate with your federal, state, county, and school officials. 34. Know your neighbors. Get to know the officials of neighboring and similar size cities. Visit other cities, particularly those with a reputation of being well run. 35. Learn to listen - really listen - to your fellow governing body members and the public. Hear what they are trying to say, not just the words spoken. 36. Keep your constituents informed, and encourage citizen participation. 37. Be friendly and deal effectively with the news media. Make sure what you say is what you mean. Lack of good communication, with the media and the public, can be a major problem for municipal officials. 38. Remember that what you say, privately and publicly, will often be news. You live in a glass house. Avoid over-publicizing minor problems. 39. Expect, and respect, citizen complaints. Make sure that your governing body members and your city, have a way to deal effectively with them. Have a follow- up system. 40. Be careful about rumors. Check them out. Help squelch them when you know they are false. 41. Appoint citizen advisory committees and task forces when you need them, but be prepared to follow their advice if you use them. 42. Take care in your appointments to boards and commissions. Make sure they are willing and capable as well as representative of the whole community. City of Evans, CO Code of Conduct 16 43. Never allow a conflict of interest to arise between your public duties and your private interests. Be sensitive to actions you take that might even give the appearance of impropriety. 44. Seek help. Use manuals, guides, and other technical assistance and information available from the Colorado Municipal League and other agencies. Attend workshops and conferences put on for the benefit of you and your city. 45. Pace yourself. Limit the number of meetings you attend. Set some priorities, including the need to spend time with your family. Recognize that life - and the city - is dependent on a lot of things you have little control over. 46. Establish some personal goals and objectives. What do you want to help accomplish this year? Next year? 47. Help develop some short-term and long-term goals and objectives for your city, and check your progress at least every six months, 48. Similarly, help your city develop a vision of the future. Plan from the future to the present - no vision, no plan. One of the important purposes of a governing body is to establish a vision for the future. 49. Focus on the future, and try to leave your city better than that which you inherited as a city officer. 50. Be a leader, as well as part of the team of elected and appointed officials who were selected to make your city an even better place to live. 51. At least once a year, schedule a governing body discussion about how you are governing. Review the processes and procedures. Sit back and ask, “How are we doing? How can we do things better?” 52. Be enthusiastic about your public service and the privilege you have, and let the public know it. But maintain your sense of humor. Don’t take yourself or the business of government so seriously that you don’t enjoy it. It should be fun as well as a rewarding experience. 53. Celebrate! Always focusing on problems and issues may lead you, the governing body, and the public, to believe that nothing positive ever happens. Good things do happen. Let the public share your successes. City of Evans, CO Code of Conduct 17 Glossary of Terms attitude The manner in which one shows one’s dispositions, opinions, and feelings behavior External appearance or action; manner of behaving; carriage of oneself civility Politeness, consideration, courtesy conduct The way one acts; personal behavior courtesy Politeness connected with kindness decorum Suitable; proper; good taste in behavior manners A way of acting; a style, method, or form; the way in which thing are done point of order An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration point of personal privilege A challenge to a speaker to defend or apologize for comments that a fellow Councilmember considers offensive propriety Conforming to acceptable standards of behavior protocol The courtesies that are established as proper and correct respect The act of noticing with attention; holding in esteem; courteous regard L:shared/manager/council/code of conduct City of Evans, CO Code of Conduct M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: June 28, 2017 RE: Summary of Authority’s June 22, 2017, Board Meeting The following is a summary of items discussed at the June 22, 2017, Authority Board Meeting: Board members present and acting included: Chair George Gregory, Vice Chair Tom Allender, Secretary Sarah Smith Hymes, Treasurer Geoff Dreyer, director Pam Elsner, and alternate director Kara Heide. Presentation: Integrated Project Delivery Members of the Engineering Department presented an overview of the integrated project delivery method, which is sometimes used for Authority capital projects. Benefits of the methodology can include reducing risk, increasing transparency and collaboration, and potential cost savings. Homestake Creek Homeowners Picnic Linn Brooks said she and Diane Johnson would attend the upcoming picnic as a meet and greet opportunity with the homeowners. Homeowners are interested in our activities in the area, including Eagle River MOU project evaluation and Camp Hale wetlands restoration efforts. Water Demand Management Update Linn Brooks said water demand management efforts are continuing with Mountain Star and have expanded to include Arrowhead homeowners. Staff is also working with Eagle County on water efficiency improvements at existing county-owned workforce housing. Water Sales James Wilkins reported that water sales were tracking close to projection. Revenue is on track as well, with the exceptions of a multimillion dollar bond anticipated in 2017 that will likely not be issued until 2018, as well as the timing for payment of other bonds, which only occurs twice a year. Eagle Park Reservoir Company Quarterly Report Linn Brooks noted that the EPRC annual shareholders meeting would be held later in the day, at which the FY 2018 budget will be considered. The board of directors will also consider the FY 2018 operations agreement with the Eagle River Water & Sanitation District. Affordable Housing Project Update Jason Cowles discussed last month’s meeting, at which the board suggested reducing the estimated indoor usage for workforce housing projects to 200 gallons per day per unit in response to data showing the newer developments use less water. He updated on a meeting with the Eagle County Housing Director regarding the possibility of Eagle County dedicating water rights for employee housing projects. Discussion ensued regarding the contributions needed for both indoor and outdoor water. This will be further examined by staff and water counsel. Federal Water Rights Protection Act Glenn Porzak noted that Rep. Tipton recently reintroduced the Federal Water Rights Protection Act. It is similar to the previous iteration of the bill, but it includes additional language that would further protect private water rights from unauthorized and uncompensated takings. This would include preventing the Forest Service from conditioning special use permits on the title transfer of water rights, or terms that would restrict the amount of the decreed water right. FISCAL YEAR 2017 FINANCIAL REPORT July 25, 2017 ______________________________________________________________________________________ 1. Financial Report Memorandum 2. Sales Tax Report – May 2017 3. Accommodations Tax Report – May 2017 4. Real Estate Transfer Tax Report – June 2017 5. Recreation Center Admissions – June 2017 6. General Fund Year-To-Date Expenditures – June 2017 7. Fleet Maintenance Fund Year-To-Date Expenditures – June 2017 8. Transit Fund Year-To-Date Expenditures – June 2017 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Martha Anderson, Senior Accountant Meeting Date: July 25, 2017 Re: Fiscal Year 2017 Financial Report ‐ May/Jun SUMMARY Revenues SALES TAX Sales tax revenue for April totaled $425,728, a 2.85% decrease over the previous year. Year‐to‐ date sales tax revenue is up 1.15% over the previous year, with a negative variance of $117,526 over the revised annual budget. Sales tax revenue for May totaled $394,689, a 2.52% decrease over the previous year. Year‐to‐ date sales tax revenue is up 0.70% over the previous year, with a negative variance of $130,793 over the revised annual budget. ACCOMMODATIONS TAX Accommodations tax revenue for April totaled $38,340, a 37.06% decrease over the previous year. Year‐to‐date accommodations tax revenue is down 1.22% over the previous year, with a negative variance of $13,444 over the revised annual budget. Accommodations tax revenue for May totaled $39,962, a 6.97% increase over the previous year. Year‐to‐date accommodations tax revenue is down 0.77% over the previous year, with a negative variance of $7,240 over the revised annual budget. REAL ESTATE TRANSFER TAX Real estate transfer tax collections for May totaled $377,491, an increase of 104.06% or $192,504 over the previous year. Year‐to‐date RETT collections are up 44.15% over the previous year, with a positive variance of $619,790 over the revised annual budget. Real estate transfer tax collections for June totaled $703,420, an increase of 129.03% or $396,293 over the previous year. Year‐to‐date RETT collections are up 66.21% over the previous year, with a positive variance of $1,138,870 over the revised annual budget. We have collected a total of $1,669,969 in real estate transfer tax from the Wyndham Vacation Resorts, Inc. since its opening, $61,390 in 2015, $639,420 in 2016, and $969,159 year‐to‐date in 2017. Wyndham’s year‐to‐date RETT collections are up 868% over the previous year, with a positive variance of $869,015. RECREATION CENTER ADMISSIONS May’s admission fees total $61,442, a 13.08% increase over the previous year. Year‐to‐date admission fees are up 4.80% over the previous year, with a positive variance of $10,423.24 over the revised annual budget. June’s admission fees total $63,459.20, a 9.33% increase over the previous year. Year‐to‐date admission fees are up 5.43% over the previous year, with a positive variance of $12,896.67 over the revised annual budget. Expenditures GENERAL FUND General fund expenditures through May 2017 total 48.97% of the 2017 annual budget. These expenditures include $80,170 in town produced events expenses such as event materials, admissions fees and professional services and $120,310 in purchased and contract services for parks. General fund expenditures through June 2017 total 54.59% of the 2017 annual budget. These expenditures include $57,831 in buildings and facilities expenses including electrical supplies and R&M for buildings and facility and temporary employment services for $13,778. FLEET MAINTENANCE Fleet expenditures for May are at 41.87% of the total budget. These costs include $35,909 in shop supplies and ongoing operating expenditures such as maintenance services and gas. Fleet expenditures for June are at 49.85% of the total budget. These costs include $47,561 in shop supplies and ongoing operating expenditures such as maintenance services, gas, and auto parts. TRANSIT Transit funds are 67.54% expended compared to the 2017 budget. These expenditures include $17,471 in operating expenditures such as gas, equipment rentals, medical services and computer and peripherals. Transit funds are 72.96% expended compared to the 2017 budget. These expenditures include $18,679 in operating expenditures such as repair and maintenance of building and facility, gas, random drug and alcohol services and computers and peripherals. TOWN OF AVONSALES TAX 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 743,689.78$ 812,836$ 792,562.03$ (20,273.74)$ 6.57%February 533,546.48 636,702.27 673,722.03 788,999.06 774,754.00 827,960 798,923.33 (29,036.18) 3.12%March 643,910.29 720,267.31 793,301.96 875,499.53 945,795.71 966,705 918,657.55 (48,047.68) -2.87%April 304,220.84 307,407.13 381,839.56 403,560.42 438,198.18 445,897 425,727.85 (20,168.89) -2.85%May 270,082.79 309,938.72 340,332.28 353,840.11 404,872.55 407,955 394,689.30 (13,266.01) -2.52%June 430,588.57 490,329.18 538,517.31 570,424.51 693,675.00 661,725 - - -100.00%July 472,215.40 537,479.66 570,959.86 601,516.82 690,342.23 697,922 - - -100.00%August 455,439.86 504,332.25 547,085.80 572,647.57 593,398.26 649,424 - - -100.00%September 424,793.75 475,362.88 546,016.59 595,235.68 667,949.51 658,281 - - -100.00%October 341,711.43 356,925.96 417,921.46 423,701.53 451,303.71 483,881 - - -100.00%November 336,060.63 362,460.94 397,935.36 438,315.55 445,336.04 481,098 - - -100.00%December 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,247,832.82 1,327,331 - - -100.00% Total 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,421,015$ 3,330,560.06$ (130,792.51)$ 0.70%Actual Collections$0$50,000$100,000$150,000$200,000$250,000$300,000$350,000$400,000$450,0002013 2014 2015 2016 2017YearSales Tax Collections for May TOWN OF AVONSALES TAX 2017 Actual vs. Budget $‐ $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,0002013 2014 2015 2016 2017YTD Sales Tax Comparison January - May $‐ $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000Sales Tax Monthly Comparison 2015-2017 201520162017 TOWN OF AVONACCOMMODATIONS TAX 2017 Actual vs. Budget Budget YTD Collections Budget % change2012 2013 2014 2015 2016 2017 2017 Variance 2016January 90,118.88$ 108,508.43$ 129,851.78$ 164,361.04$ 168,424.63$ 173,701$ 190,207.82$ 16,506.46$ 12.93%February 106,016.32 137,503.61 150,317.06 175,056.31 185,370.53 198,130 194,804.88 (3,325.52) 5.09%March 115,043.42 153,208.80 168,597.39 183,650.29 217,387.54 220,097 201,008.55 (19,088.15) -7.53%April 20,786.24 26,494.49 31,626.02 34,825.13 60,916.55 45,877 38,340.02 (7,536.72) -37.06%May 16,664.44 24,527.17 21,961.97 28,002.56 37,357.48 33,758 39,961.98 6,203.96 6.97%June 56,012.17 66,578.91 54,232.23 53,397.46 73,591.08 79,805 - - -100.00%July 66,726.73 73,008.92 81,083.01 86,301.22 107,595.18 108,938 - - -100.00%August 58,358.93 67,688.07 71,044.33 75,107.71 87,674.05 94,532 - - -100.00%September 42,245.24 44,661.37 50,840.16 60,417.74 68,139.11 69,953 - - -100.00%October 25,879.51 27,154.53 34,977.59 38,706.72 45,738.23 45,301 - - -100.00%November 22,786.42 28,171.04 32,064.02 34,328.47 37,570.50 40,695 - - -100.00%December 112,759.02 131,361.43 168,944.85 198,421.26 200,114.56 213,192 - - -100.00% Total 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,323,978$ 664,323.25$ (7,239.97)$ -0.77%Actual Collections $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,0002013 2014 2015 2016 2017Accommodations Tax Collections for May Town of AvonReal Estate Transfer Tax 2017 Actual vs. BudgetBudget YTD Collections $ Change % of Change2012 2013 2014 2015 2016 2017 2017 2016 2016January 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 64,422.00$ 46,204$ 107,390.00$ 42,968.00$ 66.70%February 41,750.07 55,872.69 562,219.70 85,479.08 200,850.86 161,359 270,815.26 69,964.40 34.83%March 84,760.49 125,927.64 50,375.06 168,744.22 265,061.65 118,502 254,737.53 (10,324.12) -3.89%April 219,195.80 144,437.80 197,656.36 125,266.30 159,046.06 144,208 249,938.93 90,892.87 57.15%May 270,170.12 121,784.12 183,745.60 237,971.08 184,987.10 170,310 377,490.82 192,503.72 104.06%June 169,040.47 90,309.74 220,009.15 294,434.84 307,127.24 184,339 703,419.85 396,292.61 129.03%July 71,057.40 386,434.78 141,051.52 396,838.68 259,977.94 214,087 - - -100.00%August 232,505.93 97,579.70 154,032.32 152,380.93 186,483.40 140,350 - - -100.00%September 96,389.34 157,010.67 267,886.92 291,223.61 321,957.68 193,471 - - -100.00%October 176,889.62 169,839.80 178,044.24 172,855.22 641,688.59 228,405 - - -100.00%November 150,549.86 112,491.82 122,582.66 169,328.38 315,109.37 148,379 - - -100.00%December 145,134.57 83,382.60 1,598,062.92 225,862.90 588,514.66 450,385 - - -100.00% Total 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 3,495,226.55$ 2,200,000$ 1,963,792.39$ 782,297.48$ 66.21%Budget 2,200,000.00 Variance, Favorable (Unfavorable) (236,207.61)$ Actual Collections $- $500,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.002013 2014 2015 2016 2017YTD Real Estate Transfer Tax Collections TOWN OF AVONRECREATION CENTER ADMISSION FEES 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 66,113$ 70,040$ 62,607$ 64,723$ 74,674$ 77,192$ 74,674.20$ (2,517.48)$ 0.00%February 78,782 68,578 63,838 68,506 86,342 83,558 93,365.80 9,807.68 8.13%March 62,670 72,616 77,902 81,664 76,023 84,660 84,085.80 (574.67) 10.61%April 49,982 64,370 61,760 55,452 67,398 68,245 62,435.00 (5,809.61) -7.36%May 44,880 35,064 43,119 50,067 54,337 51,924 61,441.70 9,517.31 13.08%June 49,442 46,194 55,052 58,431 58,044 60,986 63,459.20 2,473.43 9.33%July 73,067 71,491 61,472 66,400 65,874 77,225 - - -100.00%August 67,510 57,329 63,233 66,389 76,558 75,562 - - -100.00%September 38,141 43,829 36,846 44,719 49,018 48,520 - - -100.00%October 41,588 48,803 75,818 61,167 51,833 63,736 - - -100.00%November 94,044 93,822 29,570 71,384 72,114 82,391 - - -100.00%December 72,059 69,258 77,672 112,201 169,093 114,201 - - -100.00% Total 738,277$ 741,394$ 708,889$ 801,102$ 901,307$ 888,200$ 439,461.70$ 12,896.67$ 5.43%Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,0002013 2014 2015 2016 2017Recreation Center Admissions - June Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 221,972$ 836$ 115,736$ 105,399$ 52.52% 112 Boards and Commissions 18,066 - 6,101 11,965 33.77% 113 Town Attorney 132,000 99,962 30,770 1,267 99.04% 115 Town Clerk 126,191 18,322 45,971 61,897 50.95% 121 Municipal Court 129,000 15,334 53,511 60,155 53.37% 131 Town Manager 405,797 4,460 167,273 234,064 42.32% 133 Community Relations 187,497 22,728 87,796 76,973 58.95% Total General Government 1,220,523 161,643 507,157 551,722 54.80% Human Resources Department: 132 Human Resources 439,677 7,376 217,574 214,727 51.16% Finance & IT Department: 141 Finance 911,500 35,942 358,392 517,166 43.26% 143 Information Systems 406,753 31,371 209,723 165,658 59.27% 149 Nondepartmental 482,655 42,323 291,253 149,079 69.11% Total Finance & IT 1,800,908 109,637 859,368 831,903 53.81% Total General Gov't Departments 3,461,108 278,656 1,584,100 1,598,353 53.82% Community Development: 212 Planning 283,033 38,176 110,312 134,545 52.46% 213 Building Inspection 149,265 3,252 71,776 74,238 50.26% 214 Economic Development - - - - 0.00% 215 Town Produced Events 563,831 28,209 257,440 278,182 50.66% 216 Signature Event Seed Funding 360,771 22,522 190,580 147,669 59.07% 217 Community Grants 182,620 - 120,610 62,010 66.04% Total Community Development 1,539,520 92,159 750,718 696,644 54.75% Police Department: 311 Administration 686,574 20,668 319,328 346,578 49.52% 312 Patrol 2,438,204 25,628 1,453,273 959,303 60.66% 313 Investigations 271,440 179 142,148 129,113 52.43% Total Police 3,396,218 46,475 1,914,749 1,434,994 57.75% Public Works: 412 Engineering 251,376 779 114,373 136,224 45.81% 413 Roads and Bridges 2,357,162 63,774 1,178,939 1,114,449 52.72% 415 Parks 706,781 102,170 309,716 294,895 58.28% 418 Buildings & Facilities 1,293,193 97,569 587,795 607,828 53.00% Total Public Works 4,608,512 264,292 2,190,823 2,153,397 53.27% Recreation Department: 514 Administration 227,282 9,195 124,156 93,931 58.67% 515 Adult Programs 56,087 - 24,114 31,973 42.99% 516 Aquatics 574,478 11,051 279,217 284,210 50.53% 518 Fitness 150,785 - 108,227 42,558 71.78% 519 Guest Services 297,882 2,905 146,932 148,045 50.30% 521 Youth Programs 145,761 967 62,970 81,824 43.86% Total Recreation 1,452,275 24,119 745,616 682,541 53.00% TOTAL OPERATING EXPENDITURES 14,457,633$ 705,700$ 7,186,006$ 6,565,928 54.59% Department Expenditure Summaries General FundJune 2017 Expenditures to Date Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,652,546$ 60,477$ 763,381$ 828,688$ 49.85% Total Operating Expenditures 1,652,546 60,477 763,381 828,688 49.85% TOTAL EXPENDITURES 1,652,546$ 60,477$ 763,381$ 828,688$ 49.85% Expenditure Summary Fleet Maintenance Enterprise Fund June 2017 Expenditures to Date Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 247,060$ 17,159$ 146,800$ 83,101$ 66.36% 432 Transit Operations 1,571,189 3,840 1,173,135 394,214 74.91% 435 Wash Bay 130,110 3,742 76,808 49,560 61.91% Total Operating Expenditures 1,948,359 24,741 1,396,743 526,875 72.96% TOTAL EXPENDITURES 1,948,359$ 24,741$ 1,396,743$ 526,875$ 72.96% Expenditure Summary Transit Enterprise Fund June 2017 Expenditures to Date WRITTEN REPORT To: Honorable Mayor and Town Council From: Preston Neill, Assistant to the Town Manager Date: July 25, 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 July 2017, which lists fourteen (14) general admission tickets to the Lyle Lovett and His Large Band Concert on July 23rd. 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. Lyle Lovett and His Large Band General Admission Tickets – The Town Council received fourteen (14) general admission tickets passes to the Lyle Lovett and His Large Band Concert on July 23rd. Each member of Council received two (2) tickets, one provided for the purpose of reviewing the event for production, and the second provided as a gift for a guest. Each pass is valued at $55.00. Submitted to the Avon Town Council on July 25, 2017. _________________________________ Debbie Hoppe, Town Clerk