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TC Packet 04-30-2019TOWN OF AVON , COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 30, 2019 AVON TOWN HALL, 100 MIKAELA WAY AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM (SEE AGENDA BELOW) AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) 1.CALL TO ORDER AND ROLL CALL 4:00 2.TOUR OF 351 BENCHMARK BUILDING (OLD FIRE STATION) 4:00 3.ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING (MAYOR SMITH HYMES) 5:00 4.ACTION TO RESUME THE COUNCIL PUBLIC MEETING (MAYOR SMITH HYMES) 5:05 5.APPROVAL OF AGENDA 6.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 5:10 *AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL. 7.PRESENTATIONS 7.1. PROCLAMATION HONORING THE COMMUNITY SWIM PROGRAM, ITS COACHES, INSTRUCTORS AND SWIMMERS (RECREATION DIRECTOR JOHN CURUTCHET) (10 MINUTES) 5:15 7.2. SWEARING IN AND BADGE PINNING OF SERGEANT TYLER CHURCHES AND SERGEANT ERIC BENSON (POLICE CHIEF GREG DALY) (10 MINUTES) 5:25 7.3. AVON POLICE DEPARTMENT PRESENTATION AND 2018 PD AWARDS (POLICE CHIEF GREG DALY) (30 MINUTES) 5:35 8.WORK SESSION 8.1. WILDRIDGE SUBDIVISION WILDLAND FIRE MITIGATION AND EMERGENCY PREPAREDNESS WORK SESSION (KARL BAUER, ERFPD FIRE CHIEF) (35 MINUTES) 6:05 8.2. REVIEW AND DIRECTION ON COLORADO CLASSIC HOST CITY AGREEMENT (TOWN MANAGER ERIC HEIL) (15 MINUTES) 6:40 9.ACTION ITEMS 9.1. INTERVIEWS AND APPOINTMENT OF UP TO FOUR PLANNING AND ZONING COMMISSION MEMBERS (PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES) 6:55 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 30, 2019 AVON TOWN HALL, 100 MIKAELA WAY AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM _______________________________________________________________________________ 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 BRENDA TORRES AT 970-748-4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 9.2. DISCUSSION AND ACTION ON 351 BENCHMARK BUILDING (DEPUTY TOWN MANAGER PRESTON NEILL) (20 MINUTES) 7:25 9.3. RESOLUTION 19-04 APPROVING 2019 SPECIAL EVENTS (DEPUTY TOWN MANAGER PRESTON NEILL) (10 MINUTES) 7:45 9.4. REVIEW AND APPROVAL OF THE TOWN ATTORNEY REQUEST FOR PROPOSAL (TOWN MANAGER ERIC HEIL) (10 MINUTES) 7:55 9.5. CONSENT AGENDA (5 MINUTES) 8:05 9.5.1. AUTHORIZATION FOR POLICE CHIEF GREG DALY TO SIGN A COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR USE OF THE 800 MHZ SYSTEM IN THE EAGLE RIVER VALLEY (POLICE CHIEF GREG DALY) 9.5.2. APPROVAL OF MINUTES FROM APRIL 9, 2019 REGULAR COUNCIL MEETING(TOWN CLERK BRENDA TORRES) 10. WORK SESSION 10.1. UPDATE ON WEST BENCHMARK ROAD ON-STREET PARKING PROJECT (TOWN ENGINEER JUSTIN HILDRETH) (15 MINUTES) 8:10 11. WRITTEN REPORTS 11.1. AVON POLICE DEPARTMENT SIX-MONTH UPDATE (POLICE CHIEF GREG DALY) 11.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS) 12. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:25 13. ADJOURNMENT 8:40 _________________________________________________________________________________________________________________________________________________________________________________________________________ *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. TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 30, 2019 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, 100 MIKAELA WAY _______________________________________________________________________________ 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 BRENDA TORRES AT 970-748-4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 3 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: BEAVER CREEK RESORT COMPANY OF COLORADO EVENT NAME: BEAVER CREEK RODEO SERIES EVENT DATE: JUNE 20 & 27, JULY 11 & 18, AUGUST 01, 08 & 15, 2019; 4:00 P.M. UNTIL 10:00 P.M. LOCATION: TRAER CREEK LOT 1 EVENT MANAGER: RACHEL LAUX PERMIT TYPE: MALT, VINOUS AND SPIRITUOUS LIQUOR 5. APPROVAL OF THE MINUTES FROM APRIL 9, 2019 MEETING 6. WRITTEN REPORT 6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES) 7. ADJOURNMENT TOWN OF AVON, COLORADO  AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, April 9, 2019  AVON TOWN HALL, 100 MIKAELA WAY  Page 1  1.CALL TO ORDER AND ROLL CALL Chairwoman Smith Hymes called the meeting to order at 5:02 p.m.  A roll call was taken and Board members present were Amy Phillips, Scott Prince, Jennie Fancher, Chico Thuon, Tamra N. Underwood and  Jake Wolf. Also present were Town Attorney Eric Heil, Police Chief Greg Daly, Finance Director Scott Wright, Recreation Director John Curutchet, Public Works Director Gary Padilla, Town Engineer Justin Hildreth, Acting Town Manager Preston Neill and Secretary Brenda Torres. 2.APPROVAL OF AGENDA There were no changes to the agenda. 3.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA No public comments were made. 4.PUBLIC HEARING FOR NEW HOTEL AND RESTAURANT LIQUOR LICENSE 4.1. APPLICANT NAME: D & D INC D/B/A PHO BAY LOCATION: 101 FAWCETT ROAD UNITS 180, 185 AND LCE UNIT 112  TYPE:  HOTEL AND RESTAURANT LIQUOR LICENSE  MANAGER:   DENNY DUONG  ACTION:  RESOLUTION NO. 19‐01  Chairwoman Smith Hymes opened the public hearing and no comments were made. Manager Denny Duong  was present to answer any questions. Mr. Duong provided answers to several questions from Board  members.   Board member Fancher moved to approve the New Hotel and Restaurant Liquor License application for D &  D INC d/b/a Pho Bay. Board member Prince seconded the motion and it passed unanimously by those  present.  5.APPROVAL OF THE MINUTES FROM FEBRUARY 26, 2019 MEETING Board member Underwood added a supplement to the minutes. Board member Fancher moved to approve the minutes from February 26, 2019 Liquor Authority Meeting with the new addition. Board member Wolf seconded the motion and it passed unanimously by Board members present. 6.WRITTEN REPORT 6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES) Board member Underwood requested to add to the written reports if any comments or complaints were received for the applicant for the last year. 7.ADJOURNMENT There being no further business to come before the Board, Board member Underwood moved to adjourn the liquor meeting. Board member Fancher seconded the motion and it passed unanimously by Board members present. The time was 5:08 p.m. TOWN OF AVON, COLORADO  AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, April 9, 2019  AVON TOWN HALL, 100 MIKAELA WAY  Page 2  RESPECTFULLY SUBMITTED:     ____________________________________  Brenda Torres, Secretary  APPROVED:  Sarah Smith Hymes ___________________________________  Amy Phillips ___________________________________  Jake Wolf ________________________________  Chico Thuon  ________________________________  Jennie Fancher  ________________________________  Scott Prince  ________________________________  Tamra Underwood ________________________________  AVON LIQUOR LICENSING AUTHORITY   WRITTEN REPORT  To:  Avon Liquor Licensing Authority  From:  Brenda Torres, Liquor Licensing Authority Secretary  Date:  April 30, 2019  Topic:  REPORT ON RECENT ADMINISTRATIVE APPROVALS  SUMMARY:  The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor  license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers,  and  (4)  Special  Event  Permits  for  events  already  approved  by  the  Town  Council.  Requirements  for  administrative approval include that the application is complete, there is no new criminal activity on the  background and there are no liquor code violations during the last year. Renewals and Special Event Permits  require notice to be posted for seven days and require the Town Clerk to accept comments and/or requests  for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to refer  the application to the Avon Town Council. The Town Clerk is required to report administrative approvals,  which is the reason for this written report. Dating back to April 9, 2019, the Town has received one Liquor  License Renewal Applications that has met all the requirements for administrative review and approval and  was ultimately approved by the Town Clerk. No comments, complaints, or requests for hearings were  received. It is as follows:  Applicant: Benchmark Liquors INC d/b/a Beaver Liquors   Location:  110 East Beaver Creek Blvd  Type:  Liquor Store (City)  Manager:  David Courtney  OFFICIAL PROCLAMATION TOWN OF AVON, COLORADO A PROCLAMATION HONORING THE AVON COMMUNITY SWIM PROGRAM, ITS COACHES, INSTRUCTORS AND SWIMMERS WHEREAS, a quality and inclusive community swim program contributes to the fabric of the community; and WHEREAS, a community swim program teaches and promotes a lifelong activity, and; WHEREAS, instructors and coaches of the Town of Avon’s Community Swim Program are mentoring the youth of the community, and; WHEREAS, the program fosters virtues of teamwork, sportsmanship and camaraderie, and promotes water safety awareness to the members of our community, and; WHEREAS, the program promotes confidence and esteem in all participants, and; WHEREAS, the Avon Narwhals Swim Team produced the first state champion swimmer from our region. NOW, THEREFORE BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: The Avon Town Council recognizes and honors the dedication of the coaches and instructors of the Avon Community Swim Program and commends the effort of all its participants. PROCLAIMED THIS 30th day of April 2019 TOWN OF AVON BY: ATTEST: ________________________________ ____________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk Page 1 of 2     TOWN COUNCIL REPORT  To:    Honorable Mayor Sarah Smith‐Hymes and Avon Town Council  From:    Greg Daly, Chief of Police   Meeting Date:  April 30, 2019  Agenda Topic:   SWEARING IN AND BADGE PINNING CEREMONY OF NEWLY PROMOTED SERGEANTS CHURCHES  AND BENSON      SWEARING IN AND BADGE PINNING CEREMONY  Tonight, we will join Tyler Churches and Eric Benson, their families and the First Responder  Community as Tyler and Eric take their oaths as Avon’s new Police Sergeants and receive their  insignia.    Sergeant Churches and Sergeant Benson each participated in a robust, challenging and  comprehensive testing in March 2019. There were over eighteen assessors involved from our  community and partner first responder agencies.     Sergeant Churches joined Avon PD in December of 2013. Prior to that, he was a detentions  deputy with the Eagle County Sheriff’s Office. Sergeant Churches is also a U.S. Army combat  veteran, having served in Iraq. Sergeant Churches is currently in his final semester for his  Bachelor’s degree in leadership and management at Colorado Mountain College.     Sergeant Benson graduated from Basalt High School in Basalt, CO, and then graduated with a  Bachelor’s degree in telecommunications and film from Baylor University in Waco, TX. Sergeant  Benson previously worked as a code enforcement officer and police officer with Vail PD before  he joined Avon PD in February 2017. Sergeant Benson has served as our school resource officer  at Avon Elementary School.    It is a long‐standing tradition in the First Responder Community that a Badging Ceremony is held  upon completion of Police or Fire Academy, and then upon subsequent promotions.  The badge  and chevrons which a Police Sergeant wears are the visible signs of his or her role, leadership  responsibilities and authority in the community.    Traditionally, the Mayor speaks to the sergeants background to the assembled guests.  The  promoted official is sworn into his or her new position, and then a person chosen by the individual  is asked to pin the badge and chevrons onto the individual’s uniform.      Page 2 of 2 Mayor Smith Hymes will preside over the swearing‐in.  The Oath of Office, per the Avon Municipal  Code, will be administered by the Town Clerk, Brenda Torres. Sergeant Churches and Sergeant  Benson will have their badges pinned on their uniforms by their wives.     Sergeant Churches’ wife Julie will pin his badge and chevrons.     Sergeant Benson’s wife Cory will pin his badge and chevrons.    Please note that we expect to have guests from our First Responder Community attend as well.   Photos will follow the swearing in.    Congratulations to Sergeant Churches and Sergeant Benson.      Page 1 of 3     TOWN COUNCIL REPORT  To:    Honorable Mayor Sarah Smith Hymes and Avon Town Council  From:    Greg Daly, Chief of Police   Meeting Date:  April 30, 2019  Agenda Topic:   AVON POLICE DEPARTMENT PRESENTATION AND 2018 PD AWARDS       SUMMARY  Honorable Mayor and Council, there are two elements to the Police Department presentation on  Tuesday evening:   Avon Police Department Presentation (PowerPoint attached)   Presentation of Avon Police Department 2018 Awards     Presentation of Avon Police Department 2018 Awards  As Chief of Police, it is with great pleasure and honor that I present the following Avon Police Department  Awards for 2018. These awards are to recognize staff members, who have made exceptional individual  contributions above and beyond their normal duties with the Avon Police Department. In addition, we are  recognizing other first responders and community members for their contributions to the residents and  guests of Avon.     To Zack Odell and Mike Teeples, the good Samaritans who assisted the victim of a brutal stabbing  in Avon on May 31, 2018. For their tangible and conspicuous assistance to the Avon Police  Department and the Town of Avon.  They are recognized for their assistance to a victim of an  attempted murder.  Mr. Odell and Mr. Teeples assisted the victim who was suffering multiple life‐ threatening stab wounds by helping the victim escape the suspect.  Additionally, they escorted  her to police and fire care ultimately helping to save her life.  Mr. Odell and Mr. Teeples are true  credit to themselves and to the Town of Avon.     To Cole Stewart, for his tangible and conspicuous assistance to the Avon Police Department and  the town.  He is recognized for his assistance on a structure fire at the Beaver Bench  Condominiums on August 25, 2018.  Mr. Stewart called 911 and knocked on doors assisting with  the safe evacuation of the building.  Six units were significantly damaged by the fire with multiple  other units also badly damaged.   Due to his quick response and willingness to help others, Mr.  Stewart’s actions that day contributed to the minimization of damage to the condominiums and  no significant injuries or loss of life.  Mr. Stewart is a true credit to himself and Avon.    Chief’s Community Partnership Award – May be awarded to sworn and / or civilian member(s) for  demonstrating outstanding commitment to the community and law enforcement profession through acts  and accomplishments that promote a positive interaction between the citizens of Avon and law  enforcement.    Page 2 of 3  Member must demonstrate a significant and positive impact upon the community as a result of  voluntary active involvement in community projects and / or education, outside of their law  enforcement duties, that have improved the community as a whole.   Member must also demonstrate exemplary service, conduct, and performance of duties over a  period of time that strengthens the Avon Police Department and the law enforcement  profession.     To Dr. Chris Lindley, Eagle County Public Health Director, Chris Montera, CEO Of Eagle County  Paramedic Services and Michelle Muething, Executive Director of Aspen Hope Center. This award  recognizes and acknowledges your collective leadership, vision and willingness to change the  paradigm to mental health crisis response in Avon and Eagle County. Your collective passion has  resulted in the opening of Hope Center Eagle River Valley, a lifesaving co responder crisis response  service for Eagle County residents and guests. In addition you have collectively worked diligently  on improving mental health services through your service on the Total Health Alliance, the Mental  Health Advisory Committee to the Eagle County Board of County Commissioners and for your  work and support of the Systems Group, a collaboration whose mission has been to identify the  shortfalls in mental health resources and to plan and strategize to improve mental health and  behavioral health resources in Eagle County. This award also recognizes that one of the outcomes  from the Systems Group has been a 10‐year, $60 million commitment from the Vail Health Board  of Directors to aid mental health services in the Vail Valley.      To Sergeant Tyler Churches, for his extraordinary coordination, contribution to the growth and  success of the Town of Avon’s National Night Out events over the last two years. He displayed  extraordinary communication with businesses in and outside of Avon and garnered significant  sponsorship and support from our business community. He also coordinated with many  community members, ember organizations and other first responder agencies. These events bring  our community together.     To Brenda Torres, for her extraordinary coordination, contribution to the growth and success of  the Town of Avon’s National Night Out events. She displayed extraordinary communication with  businesses in and outside of Avon and garnered significant sponsorship and support from our  business community. She also conducted extraordinary outreach with our Latino community by  co‐coordinating the 10th annual Citizens Police Academy and the 6th annual Latino Police  Academy in 2018. These events bring our community together.     To Sergeant Eric Benson, for his extraordinary coordination, contribution to the growth and  success of the Citizens Police Academy and Latino Police Academy. He conducted extraordinary  outreach with our community by co‐coordinating the 10th Citizens Police Academy and the 6th  Latino Police Academy in 2018.   These events bring our community together.     To Sergeant Tyler Churches, Officer Brad Stamp and Officer Corey Baldwin for their  extraordinary coordination and contribution to the continued success of the Avon Police  Department, Kids, Cops and Hoops Program. On Tuesday’s nights from November to April, these  officers pick up kids in different areas of town and transport them to the Avon Elementary  School to play basketball. This program creates team building, comradery and lasting  relationships with our future leaders.    Page 3 of 3  To Officer Zepeda, for his continued leadership and outstanding commitment in community  outreach programs.  Officer Zepeda leadership was instrumental in raising over $9,931 in the 2019  Special Olympics Polar Plunge, and the Special Olympics Colorado Tip‐A‐Cop event.  He was also  instrumental in the coordination of the countywide Special Olympics Law Enforcement Torch Run.   These events bring our community together.    Department Teamwork Citation – For a group of employees that came together as a team and achieved  exceptional results relating to a specific incident or event.     This award is presented to Officer Corey Baldwin, Officer Brad Stamp, Sergeant Jeremy  Holmstrom, Master Police Officer Chris Peck, Detective Toby Baldwin, Sergeant Eric Benson,  Detective Sergeant Jonathan Lovins, Sergeant Matt Jamison, Chief Greg Daly and Deputy District  Attorney Stephen Potts. On May 31, 2018, an attempted murderer was arrested by the Avon  Police Department.  Because of the outstanding collection and examination of evidence, a  significant number of interviews and an extensive investigation, the suspect was indicted by a  grand jury for committing a violent knife attack upon an Avon resident resulting in multiple stab  wounds, including one to the head.  These wounds required immediate life‐saving surgery.  The  attack was so violent that the knife blade broke in two during the attack upon the female victim.   Due to your collective diligent attention to detail on this case, ability to work side‐by‐side with  neighboring law enforcement agencies and unsurpassed commitment, a violent criminal was  arrested, convicted and subsequently sentenced to 20 years for his crimes.  On behalf of the Avon  Police Department you are hereby awarded the Avon Department Teamwork Citation.  You are  all a true credit to Avon and the law enforcement profession.      This award is presented to Chief Greg Daly, Officer Al Zepeda, Sergeant Eric Benson, Master Police  Officer Chris Peck and Vail Police Officer Michael Chon. For their outstanding performance,  attention to detail, commitment to community safety and resourcefulness in a difficult police  operation.  They are recognized for their off‐duty response to a structure fire at the Beaver Bench  Condominiums on August 25, 2018.  While attending a town sponsored special event at  Nottingham Lake off duty Chief Daly, Officer Zepeda and Officer Chon responded with on duty  Avon officers, Sergeant Eric Benson and Master Police Officer Peck in life saving evacuation  efforts.  Six units were significantly damaged by the fire. Multiple other units also badly damaged.  Due to their quick response, selfless actions and willingness to help others, these officers’ actions  that day contributed to lives saved, to the minimization of damage to the condominiums with no  significant injuries or loss of life.  You are all a true credit to Avon and Vail and to the law  enforcement profession.      This award is presented to Sergeant Matt Jamison, Master Police Officer Mike Lundblade, Officer  Bal Herrera and Officer Al Zepeda. For their outstanding performance, attention to detail,  commitment to community safety and resourcefulness in a difficult police operation.  They are  recognized for their response to a suicidal 15‐year‐old female standing in a kitchen holding a knife  to her arm with the sleeve rolled up threatening to kill herself on April 11, 2018.  Their efforts to  deescalate the situation for over one hour through crisis intervention techniques, patience,  compassion and treating the young girl with dignity and respect resulted in saving a teenager’s  life.  You are all a true credit to Avon and the law enforcement profession.     ATTACHMENT  Avon Police Department PowerPoint Presentation  Serving Avon for 40 Years!Our Mission: “We serve to better our community”“Servimos para mejorar nuestra comunidad” Our Motto: “Count on Us” We serve to better our communityAvon Police Department 2019 Organizational Chart We serve to better our communityWho are we? Avon PD Recruitment video‐https://www.youtube.com/watch?v=85‐I9MM2uRI&feature=share Update and Notable Accomplishments of 2018 We serve to better our communityCALEA National Accreditation was awarded in April 2016- We successfully completed 3rd year of new 4-year assessment in March 2019181 StandardsLife, health and safety issuesCritical legal issuesConditions that reduce risk and high liability exposureAssessors inspect police operationsSmallest Agency in Colorado, and only one west of Denver (except for CSP and CBI)Awarded CACP Accreditation‐August 2012Third year of new 4 year assessment, successfully completed March 2019Fourth year assessment in September 2019 with on site assessment in October 2019 The 2018 Abbreviated Highlights20,321 Calls for service‐4,996 dispatched calls, 15,325self‐initiated and 310handled by dispatchers827crimes reported855incident reports taken with approximately 808 follow up supplement reports154 traffic accident reports392total custodial and summons/release arrests including 53felony arrests899hours on foot patrol480hours on bike patrol108DUI/impaired driving arrests1985traffic stops‐1620ended up in an educational warning, 309 citations/ summons issued25.81% of our traffic stops were with persons of Hispanic ethnicity; 17.48% Hispanic males and 8.33% Hispanic females. This compares with 49% of our census population who report Hispanic heritage. 45.48% of our traffic stops were with Caucasian males. 22.63% of our traffic stops were with Caucasian females. 2.08% were with African males .55% was with African American females.Average 3:07minutes response time to emergent calls versus 5:56minutes per 2017 Annual Benchmark Cities Survey 2018 HighlightsSuccessful planned and executed safe special events, Haute Route, Triple by Pass, Xterra, Cover Rock, Bec Tri, and the modified SaluteCohosted a countywide active shooter response training for nearly 200 first respondersIncreased our social media presence to include over 2200 followers of the Police Department Facebook pageIn 2018, we successfully recruited new two police officers and a part time community response officer Avon Police Officers and Detectives have collaborated with the Gore Range Narcotics Interdiction Team (GRANITE) on many drug distribution cases in Avon in 2018. Successful fourth community resort policing ski patrol program for the 2018‐2019 season.APD officers presented a solid currency counterfeit case to the 5thJudicial District Attorney’s Office., resulting in both suspects take pleas to 10 year Department of Correction SentencesAvon PD officers responded to the Lake Christine Wildland fire and assisted the Eagle County Sheriff’s Office/Basalt PD. Avon officers completed 13 shifts over four days.  2018 HighlightsChief Will Johnson with the Arlington Police Department Texas, presented a training on Procedural Justice and Legitimacy at the Avon Police Department. Chief Johnson is a national and international speaker on several topics to include community policing and safeguarding civil rights. APD with assistance from Public Works and Mobility planned and executed an evacuation exercise for the Wildridge subdivision. We conducted a mock evacuation on the June Creek/ Berry Creek access road with Town of Avon Public Works pickup trucks and used an Avon Mobility bus for evacuee transport. Administrative Services Officer Krista Jaramillo was reelected as vice president of the Rocky Mountain Accreditation Network (RMAN), our regional PAC for law enforcement CALEA accreditation.Krista hosted the annual conference for RMAN at the Westin in Avon. There were 70 attendees from as far away as Anchorage, Alaska. Chief Daly gave a presentation on community policing showcasing all our programs at the Avon Police Department Two off‐duty officers (who were attending the Rec Center Regatta) and two on‐duty officers (one was also at the regatta) were immediately on scene when fire broke out and ensured that all residents were safely evacuated from A building during the Beaver Bench Fire.  2018 HighlightsAvon PD proudly participated in the 17th Anniversary of 9/11, Tri‐Club Rotary Public Safety Recognition awards. Avon PD Officer Tyler Churches received a “First Responder of the Year” award for saving a life using his tourniquet on a significant arm injury and kept the person from going into shock. APD continue to partner in the Eagle County Special Operations Unit and in the Gore Range DUI Task Force.APD hosted a National Tactical Officers Association SWAT team leader school at the PD. The attendees included a Royal Canadian Mounted Police supervisor from the Canadian North West Terrorities. APD SWAT operators participated in a joint training with the FBI Denver SWAT Team, to include hostage rescue from buildings and an open‐air hostage rescue scenario.Officer Corey Baldwin and School Resource Officer Eric Benson participated in a week long basic SWAT school hosted by the Greeley Police Department SWAT Team. This was a physically demanding week teaching the officers about high‐risk SWAT operations and providing our patrol officers with some higher‐level skills for dealing with those infrequent but high‐risk situations that at times occur in our community. Corey and Eric put in that extra work and effort to be better able to protect our community and especially our elementary school.  2018 HighlightsWe continue to participate in the countywide Law Enforcement Immigration Alliance, furthering relationships with our Latino community. Avon PD has nine veterans out of 20 officers (two US Navy, three US Marines and four US Army). Our veterans have participated in various community veteran’s day education activities to include speaking at local schools.Avon Police officers continue to deliver positive police interactions and education to the children at Avon Elementary. Officer Benson has taken on the role of School Resource Officer liaison with the Avon Elementary School staff and continue to have a great working relationship with Principal Dana Harrison.APD successfully hosted the 10thAnnual Avon Police Citizen’s Academy. We hosted the 6thAnnual LatinoEagle County Police Academy Chief Greg Daly is the current board president and actively participates with The Speak up Reach out Suicide Prevention Coalition to prevent suicide in Eagle County by providing education, training, and hope. Chief Greg Daly also attends the Total Health Alliance, is a member of the ten person Mental Health Advisory Committee, advising the Eagle County Board of County Commissioners on spending the 1 A funds. He also patriciates in the Systems Group, evaluating current gaps and strategizing to create the needed resources 2018 Highlights Avon Police officers, as part of the Eagle County Special Operations received hostage rescue training from members of the FBI Hostage Rescue Team, Silver Unit. The training involved multiple training scenarios with role players.  This training included training with the FBI tactical helicopter unit. ECSOU hosted the Silver Unit with some winter training and Silver returned the hospitality with high‐level hostage rescue training. Town managers from Avon, Vail and Gypsum were able to witness and experience some of this life saving training.  The Police Executive Research Forum (PERF) released a report to provide guidance to law enforcement agencies across the country, of various sizes and types, with guidance about how to create programs for building strong relationships with immigrant communities. PERF is considered one of the most influential police research and policy development organizations in the United States. The men and women of the Avon Police Department are proud to be included in this report together with our law enforcement and civilian partners as part of the Eagle County Law Enforcement Immigrant Alliance (LEIA). The LEIA is made of representatives from Catholic Charities, Avon Police Department, Vail Police Department, Eagle County Sheriff’s Office, Eagle Police Department, Eagle County School District, Vail Valley Salvation Army, Eagle County Government, Bright Future Foundation, YouthPower365 and Latino residents of Eagle County. This study researched how to strengthen relationships between law enforcement and immigrant communities nationwide and has showcased the work, experience and initiatives of the Eagle County LEIA as a model for other law enforcement agencies throughout the United States.  2018 HighlightsAvon PD was honored to establish and host the Eagle County Regional Reserve Academy in 2018/2019. This academy was established to seek reserve certification for our two paramedics and one trauma surgeon who serve as tactical medics on the Eagle County Special Operations Unit. Sgt. Ken Dammen‐Avon PD, Academy Director, prepared the curriculum, the scheduling of instructors and lesson plans to submit for approval to the Colorado Post Officers Standards and Training Board as a new police academy. After graduation, Sheriff Van Beek swore the three medics in as new reserve deputy sheriffs.  We train hard and smart to be always readyWe endeavor to be best prepared police force to serve our community, for whatever may come! Active Shooter Response Training June 2018 We train hard and smart to be always ready We train hard and smart to be always ready We train hard and smart to be always ready‐Officer Hernandez at Jefferson County Sheriff/ Lakewood PD Police Academy Avon PD- Part of Eagle County Special Operations We serve to better our communityAPD Work Plan 2019 includes day to day operational work and projects in the following areas.OperationsSpecial Projects Recruitment/ HiringAccreditationTrainingSpecial EventsCommunity engagement/ programming We serve to better our communityOperationsRespond to 911 calls/ Traffic accidents 24/7/365Complete criminal and traffic investigationsRespond to mental health assistance callsParking enforcementProactive directed patrols to diminish criminal activityTraffic safetyAnimal control responseFront desk customer service/ fingerprinting/ VIN checks/ Records RequestsReport management, case submission to DA/ Municipal CourtEvidence managementCrime AnalysisPurchasing/ requisitionsTraining & grant managementCourt testimony/ DOR appearances Major case investigations We serve to better our communityOperationsDUI enforcementClick it or TicketSchool Resource Officer program with Avon Elementary SchoolGRANITE drug task forceField Training Program for Officers Hernandez, Hayes and EllsworthPlan and implement summer community response program for Nottingham Park start training in May to be ready for JuneBike patrol and foot patrolSpecial ProjectsParticipant in the steering committee for the Treetop Forensic Interview and Child Advocacy center for the 5th Judicial District.New cars, purchase, graphics fit outTipsy taxi pilot program‐in progressPlan joint Active Shooter training in June at Old Town Hall We serve to better our communitySpecial Projects ContinuedActive shooter exerciseWildland evac exerciseParticipant in the Countywide Report Management System upgrade committee.Participant in General Detective regional meetingsColorado Model Traffic Code 2017 update (from 2010) We serve to better our communityRecruitment/ HiringRecruit the best !Utilize recruitment video at every opportunityAttend recruitment fairs at academies, high schools, job fairs, college fairsAccreditationComplete end of year CALEA reports in recruitment, training, use of force, anti‐bias, pursuit and forcible stopping, Professional Inquires, Active Shooter Preparation for year 4 assessment and on site visit, proofing, policy reviewKrista Jaramillo is President for the Rocky Mountain Accreditation Network We serve to better our communityTraining (To keep our community, officers and staff safe and to comply with POST, Federal and CALEA requirements)Quarterly firearms (rifle handgun)/, defensive tactics/ Krav MagaDriving Active shooter trainingMonthly SOU training and 40 hour block in JunePlan for Krav Maga Instructor Recertification next FebruaryTerrorism Liaison OfficerBasic Drug investigator schoolBreacher trainingSWAT school‐Dunford (June)  Herrera and Mackey (August)Handgun Qualifications We serve to better our communityTraining continuedProper Restraint and Holds Anti‐Bias Crisis Intervention Training /De‐escalation Community Policing and PartnershipsSFST RefresherLess than lethal weapons‐Taser/ Bean bag shotgunUse of Force PolicyEJRTT‐Fitness testingPositional Asphyxia /Excited DeliriumLegal UpdateICS/Emergency Operations Plan/All HazardsCALEA Updates/ Search, Seizure and Arrest PolicyInfection Control / Bloodborne Pathogens We serve to better our communityTraining continuedPursuit PolicyBack and Fall Injury PreventionCITFATSAnimal ControlRiver Bridge Child Advocacy CenterStop Sticks Immobilization DeviceSlips Trips and FallsWinter DrivingBike Patrol OfficerSexual HarassmentBelow 100CST in‐service DRE in‐service We serve to better our communitySpecial Events Public Safety (to include Event action plans for larger more complex events)SaluteTriple BypassXterraBec Tri / Major League TriMan of the Cliff We serve to better our communityCommunity engagement/ProgramsCoffee with a CopTip a copAnnual Polar PlungeTorch Run Ski with a copNational night out  (preparation, planning/ business & volunteer  recruitment), National Night Out executionKids, Cops and HoopsLatino Police AcademyCitizens Police AcademyPolice Explorer POST 204LE Beaver Creek Ski ProgramMonthly meeting Speak Up Reach Out Suicide Coalition We serve to better our communityCommunity engagement/Programs ContinuedParticipant in the steering committee of the Total Health Alliance for strategizing mental health funding priorities for 2018Quarterly Radio Tech Ops meetingQuarterly meeting of Public Safety CouncilQuarterly meeting of 800 MHZ radio governance boardQuarterly meeting of the Eagle County First Responder FundQuarterly meeting of countywide Law Enforcement Immigration Alliance Quarterly RMAN meetingInitiated and current participant in the “Paris” task force seeking countywide cross discipline collaborative strategies to further the safety and security of our new born population.Bear aware campaign Fall Continue to increase our social media presence, Currently over 2400 followers of the Police Department Facebook page.  We serve to better our communityCommunity engagement/Programs ContinuedVeterans Day activities. Avon PD has nine veterans out of 20 officers (two US Navy, three US Marines and four US Army). Our veterans have participated in various community veteran’s day education activities to include speaking at local schools. Officer Zepeda is the VFW Post Commander. Town of Avon annual Liquor license meeting/ legal update/ Tipsy Taxi discussion and Sex Assault prevention educationSalvation army basket deliveryShop with a CopCommunity active shooter response seminarsCommunity bank robbery response seminars Use of Social Media and Community Collaboration‐Dogs, Bears and ID Suspects! Lifesaving and Leadership AwardsAwards ‐Lifesaving/Traffic2018 Tri Club Rotary AwardsOfficer Tyler Churches-Lifesaving 2018 Colorado Attorney General’s “Law Enforcement Agency of Excellence Award” # 2 Advanced Ski Team‐Colorado Peace Officers Ski Race 2018 Partnerships –Beaver Creek Mountain Patrol School Resource Officer Kids, Cops and Hoops basketball program! Community Engagement/Reaching Out‐Salvation army Empty Soups 2018  Assiting other agencies at the Lake Christine Fire Community Engagement/Social Media/ Reaching Out –Veterans Day and St Baldrick’s  Community Engagement‐911 Memorial Community Engagement/Social Media/ Reaching Out –Ski with a Cop/ Polar Plunge 2018 Community Engagement/Social Media/ Reaching Out – School Tour 2018 Community Engagement/Social Media/ Reaching Out –National Night Out 2018 Community Engagement‐Bike Patrol Community Engagement/Social Media/ Reaching Out –National Night Out 2018 Awards Community Engagement‐Annual Liquor Licensing Meeting 2018  Community Engagement/Vail Valley Salvation Army Fill the Van 2018 Tip a Cop‐Dueling Restaurants Fund Raising for Special Olympics‐Vin 48 and Blue Plate  New members to our family! Community Engagement‐Meeting at the Aspens Mobile Home Park  Community Engagement‐Shop with A Cop 2018 Avon PD’s Shortlived Navy patrol Boat! 2018 Citizen Police Academy Graduates  2018 Latino Police Academy Graduates  Any questions? Thank You/ Gracias   TOWN COUNCIL REPORT    To:   Honorable Mayor Sarah Smith Hymes and Avon Town Council  From:    Greg Daly, Chief of Police  Date:    April 30, 2019  Topic:    Wildridge Subdivision Wildland Fire Mitigation and Emergency Preparedness Work  Session    OVERVIEW  During Tuesday’s work session, the following individuals will be present:   Chief Karl Bauer, Eagle River Fire Protection District   Community Risk/PIO Traci LeClair, Eagle River Fire Protection District   Wildfire Mitigation Specialist Jeff Zechman, Eagle River Fire Protection District   Emergency Manager Birch Barron, Eagle County   Public Works Director Gary Padilla   Police Chief Greg Daly   Deputy Police Chief Coby Cosper    The following items will be covered during the course of the work session:   Current threat assessment for wildfire in the Wildridge Subdivision, wildland fire mitigation  assessment and upcoming mitigation plans   Media/ PIO processes/procedures for evacuation   Declaration processes and procedures   Evacuation procedures for the Wildridge subdivision – Please note that an Evacuation Exercise is  planned for May 22nd to exercise the June Creek Point to Berry Creek Access/ Singletree U.S.  Forest Services evacuation routes    BACKGROUND    Wildland fire incidents are serious in nature and can occur rapidly.  There are geographical location and  single access road limitations in the Wildridge subdivision and there is potential for primary evacuation  routes being obstructed by either fire or traffic volume.  The Avon Police Department along with other  partner public safety agencies continually develop and evolve specific plans and actions for responding  to these situations.  It is the philosophy of the Avon Police Department to first protect the lives of those  affected by wildland fires, effect the safe and orderly evacuation of said residents and also protect  property. As such, Avon will again conduct an evacuation exercise of the Wildridge subdivision on May  22nd of this year.    During the first phase of the exercise we will test various notification resources.  This will include the  following:   EC Alert   Reverse 911   Social Media (Town and Department Facebook, town website)   PA system on emergency vehicles   Emergency Alert System through local radio/weather channel (through dispatch)   Variable Message Signage (CDOT for I‐70 VMS boards and Public Works/PIO for town VMS  boards)   Low power highway radio system (CDOT via Dispatch)   Local access television stations (channels 5, 13, 18, and 21 via dispatch)     The next phase will exercise our ability to conduct evacuations.  We will practice going door to door and  knocking while marking residences with contractor's tape or spray chalk to identify whether residence is  occupied, no contact, evacuated or animal on site.  In addition, we will exercise our ability to move  residents along alternate routes of evacuation if both Metcalf Road and Wildwood/Buck Creek Roads  are obstructed or deemed unsafe for use.  Town vehicles will be utilized to practice moving those  residents needing evacuation along alternate forest service roads west of Wildridge to evacuation points  in the Singletree subdivision and/or through the Berry Creek Access exiting on Beard Creek by the Vail  Health/ Edwards surgical center in Edwards, Colorado.  Town of Avon busses will practice moving  evacuees to the evacuation shelter located at Avon Elementary School where there will be a mobile  canteen and a shelter established.    During the final phase we will practice drafting, approving, and issuing an emergency declaration to  Eagle County to assist in resource procurement and funding assistance for the Town’s response to this  type of natural disaster.      After the evacuation exercise there will be a debrief for creation of an after‐action report for tactics,  techniques, procedures and policy revision.    FINANCIAL IMPLICATIONS  The evacuation exercise will be funded through the Town’s approved 2019 operational budgets. The  Town’s approved 2019 CIP Budget contains $40,000 for wildland fire mitigation efforts.    ATTACHMENTS  Attachment 1 – Avon PD Policy for Wildland Fire Evacuation to include:   Maps   Declaration of Disaster / Emergency   Local Disaster Declaration Process   Continuation Resolution   Recovery   Evacuation check‐in sheet  Attachment 2 – ERFPD Community Wildfire Assessment‐ Wildridge   Attachment 3 – Eagle County Emergency Operations Plan             ATTACHMENT 1 EOM 2170 Avon Police Emergency Operations Manual Approved: Chief Greg N. Daly Subject : Wildridge Evacuation Plan Effective: 12/01/17 Revised: Chapter: Critical Incidents, Special Operations and Homeland Security Page: 1 Background Situations involving wildland fires are serious in nature and can occur rapidly. Because of the geographical location and access road limitations to the Wildridge suburb of Avon the potential for primary evacuation routes being obstructed by either fire or traffic volume exist. The Avon Police Department along with other partner public safety agencies and response resources continually develop specific plans and actions for responding to these situations. Training is provided and will be incorporated into the annual All Hazards Training plan. Policy It is the policy of the Avon Police Department to protect the lives of those affected by wildland fires and affect the safe and orderly evacuation of said residents. Definition Urban-Interface Wildland Fire: A wildland–urban interface (or WUI) refers to the zone of transition between unoccupied land and human development. Communities that are within 0.5 miles (0.80 km) of the zone may also be included. These lands and communities adjacent to and surrounded by wildlands are at risk of wildfires. A wildfire or wildland fire is a fire in an area of combustible vegetation that occurs in the countryside or rural area. Depending on the type of vegetation where it occurs, a wildfire can also be classified more specifically as a brush fire, bush fire, desert fire, forest fire, grass fire, hill fire, peat fire, vegetation fire, or veld fire. ATTACHMENT 1 Inhalation of smoke from a wildfire can be a health hazard. Wildfire smoke is composed of carbon dioxide, water vapor, particulate matter, organic chemicals, nitrogen oxides and other compounds. The principal health concern is the inhalation of particulate matter and carbon monoxide. Objectives 1. Provide for the public's safety, health, welfare, and security by treating the sick and injured, managing fatalities, and providing for the orderly evacuation and care of the displaced and their animals. 2. Provide for responders' safety, health, welfare, and security. 3. Maintain civil order and provide for security and investigation. 4. Provide for search and rescue of the trapped and missing. Initial responders: 1. Notify dispatch of incident and establish incident command. 2. Designate a perimeter and secure the scene 3. Clear the channel for evacuation operations 4. Request dispatch notify all Avon Law and Public Works supervisors of the incident. 5. Request dispatch recall all Avon police officers and public works staff. 6. Request additional Rescue/EMS/Fire/Law units and direct them to staging area at the Avon Town Shops. First – line Supervisor 46.1.10 d  Respond to scene.  Evaluate scene.  Assume command if necessary.  Ensure that perimeter is set.  Notify the Chief of Police and additional public safety departments and other resources as needed.  Make decisions regarding public sheltering and containment of the incident. ATTACHMENT 1 Deputy Chief of Police/ Chief of Police  Respond to scene and assume command if necessary.  Notify communications Command and Control Except in an exceptional instance the Chief of Police, Deputy Chief or incident commander shall be in command of the incident or the law unified command representative. Evacuation Location Determination: Determine if evacuation is necessary and what portions or combinations of the 4 areas in Wildridge that need to be evacuated (see attached diagrams) and begin evacuations. Direct other area residents to remain indoors with doors, windows and ventilation closed. If multiple areas are evacuated, consider staged evacuations (evacuating the most affected areas first) to limit crowding on roadways! Evacuation Notifications: Initiate evacuation notifications, and the locations of the evacuation center/shelter. Consider issuing no drone usage notices so as not to delay the use of air resources if needed. Utilize the following resources, in conjunction with dispatch, for notifications: 1. EC Alert 2. Reverse 911 3. Social Media (Town and Department Facebook, town website via PIO Preston Neil 970-390- 7848) 4. PA system on patrol vehicles 5. Emergency Alert System through local radio/weather channel (through dispatch) 6. Variable Message Signage (CDOT for I-70 and Public Works for town) 7. Low power highway radio system (CDOT via Dispatch) 8. Local access television stations (channels 5, 13, 18, and 21) Traffic Control and Security: Assign units to establish a perimeter on Metcalf Rd and Wildwood road to re-route traffic and provide security for evacuation areas, control crowds and prevent potential looters. ATTACHMENT 1 If Metcalf Road is OPEN AND SAFE as an Evacuation Route: 1. Direct evacuation traffic down Wildridge Rd, Metcalf Rd, and Nottingham Rd. (if Metcalf road is open). Consider traffic control at the following locations: 1. Wildridge and Old Trail Roads 2. Metcalf and Nottingham Roads 3. Avon Road Roundabout 1 2. It is essential to keep the following routes open for first responder traffic: 1. westbound Nottingham Rd 2. northbound Buck Creek Rd 3. westbound Wildwood Rd 4. northbound Metcalf Rd 5. northbound Wildridge Rd 3. Direct dispatch to call EOC manager and establish an evacuation center at Avon Elementary School with the following: 1. Red Cross/Salvation Army Mobile Canteen 2. Evacuation center manager from Eagle County Victims’ Advocates staff 3. Law unit for security of evacuation center 4. Have dispatch contact the Avon Mobility Director to have busses making stops in evacuation area to assist in evacuation of residents to evacuation center (if safe for busses to do so) If Metcalf Road is CLOSED OR AT RISK OF CLOSURE as an Evacuation Route: 1. Direct Law units and Public Works units with four-wheel drive trucks / vehicles capable of carrying multiple passengers for resident evacuation shuttles to report to June Creek Point/Trailhead to act as revolving shuttles. The units will arrive by the following route: 1. I-70 to 163 exit 2. Westbound Beard Creek Rd to Shaw Medical Center 3. Right turn onto Berry Creek Rd #774 4. Continue onto Edmunds Powerline Rd #7171A and KEEP RIGHT 5. Right turn onto June Creek Trail #7171B 2. Upon arrival establish evacuation point security 3. Direct units at June Creek Point/Trailhead to allow only high clearance four-wheel drive traffic from evacuated areas only to evacuate west via same route as responders to Beard Creek Rd in Edwards. ATTACHMENT 1 4. Vehicles that are not four-wheel drive and high clearance will be parked and occupants will be evacuated via Law or Public Works vehicles to Bus Stop at Edwards Field House Parking lot. Notify the Avon Mobility Department to provide bus transportation to Avon Elementary School from Edwards Field House. 5. Direct units at June Creek Trailhead to stop all other traffic if not from specific evacuation areas until all residents in those areas are evacuated first. Alternative to Evacuation as Last Resort: If there is not a safe or viable route present for the evacuation of residents in the Wildridge area or conditions change during evacuation operations that create an unsafe environment for evacuation, consider the possibility of utilizing an open area along with fire resources to create a defensible space (i.e. O’Neil park/dog park) until the danger passes. Evacuation Center & Shelter Considerations 1. Direct dispatch to notify EOC manager to establish an evacuation SHELTER at Avon Elementary School with the following:  Red Cross/Salvation Army Mobile Canteen  Evacuation shelter manager and staff from Eagle County Victims’ Advocates office (Use Appendix E attached)  Contact APD Chaplain for additional councilors and staff to assist as needed at shelter  Law unit for security of evacuation shelter 2. Contact Deputy Town Manager to establish an evacuation CENTER at the municipal building (along with a contact phone number to be shared with the public) to be staffed and receive information on those evacuating the affected area but not needing shelter (Use Appendix E attached). Re-entry Considerations 3. The following points are essential for SAFETY during re-entry:  The provision of minimum access on primary roads ATTACHMENT 1  Reestablishment of emergency services (police, fire, EMS and medical facilities)  Removing of utility hazards 2. Considerations for Initial Re-entry:  That a situation has affected all or portions of the town that prompted an evacuation  That damage is such that food, water, and/or shelter may not be immediately available  That damage is such that debris may restrict movement along primary road systems  That damage is such that electrical power, gas and/or water may not be available  That damage is such that local emergency and public communications may not be available or significantly reduced  That damage is such that health services, medical facilities, and medical transport may not be available  That law enforcement, fire and EMS services may be hampered After Action Review and Annual Review of Policy and Training Needs 46.1.10 e The Incident Commander, or designee, will be responsible for conducting a debriefing of the event and providing an after-action report (if required) or contribute to an event after action report. The report may be a constructive critique/ self-reflection of the Department's role in the event, and may include recommendations, if any, to be used in planning and training for future events.  ATTACHMENT 1 Appendix A: Maps ATTACHMENT 1 Evacuation Area 1 ATTACHMENT 1 Evacuation Area 2 5768 E Wildridge 3121 Wildridge Rd 5040 E Wildridge Rd 2680 Bear Trap Rd 1 ATTACHMENT 1 5070 E Wildridge Rd 5767 E Wildridge Rd 2 ATTACHMENT 1 Evacuation Area 3 3083 Wildridge Rd 3 2575 Old Trail Rd ATTACHMENT 1 Evacuation Area 4 4 2661 Bear Trap Rd 2511 Old Trail Rd Alternate Evacuation Route through Berry Creek Rd ATTACHMENT 1 Appendix B: Declaration of Disaster / Emergency Disaster / Emergency Declaration WHEREAS, the Town of Avon has suffered serious damage to roads, bridges, homes, businesses, and other public and private facilities caused by _________________, which occurred on _______________; and [Include sufficient detail concerning the nature of the disaster or emergency and the area threatened] WHEREAS, the cost and magnitude of responding to and recovering from the impact of the ensuing event is far in excess of the town’s available resources; and [Include as much detail as is available concerning the conditions, magnitude of damage and the like] WHEREAS, pursuant to C.R.S. 24-33.5-709(1) “A local disaster may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed in excess of seven days except by or with the consent of the governing board of the political subdivision”; and WHEREAS, the “effect of a declaration of local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster and emergency plans and to authorize the furnishing of aid and assistance under such plans.” C.R.S. 24-33.5-709(2). NOW, THEREFORE, BE IT DECLARED by the Mayor of Avon, Colorado: THAT, it is hereby determined and declared that [this to be an emergency/disaster area etc…]. THAT, this Declaration shall be promptly filed with the Town of Avon Clerk, Eagle County Clerk and Recorder and with the Office of Emergency Management. THAT, this Declaration is necessary for the public health, safety and welfare of the citizens of Avon, State of Colorado. DECLARED this ____ day of _______________, 20__. ________________________________ (Mayor or Designee)_ ________________________________ (Signature) NOTE: ATTACHMENT 1 Email a copy of the declaration to the Eagle County Emergency Manager at emergency@eaglecounty.us and another copy to the County Manager/Board of County Commissioners at dept-adm-all@eaglecounty.us File with the Clerk and Disseminate to the Public Why declare an emergency?  To authorize emergency spending measures  To gain access to TABOR emergency reserves  To qualify for certain types of federal and state disaster assistance  To activate local and inter-jurisdictional emergency plans and mutual assistance agreements  To support the enactment of temporary emergency restrictions or controls (e.g. curfews, price controls, alcohol/gun sales)  The state responds with state resources as requested needed by the local government Local Disaster Declaration Process Who Can Declare a Disaster? A local disaster may be declared only by the principal executive officer of a political subdivision and shall expire within seven (7) days except by consent of the governing board of the political subdivision. When to Declare a Disaster: When the resources needed for an emergency are at or beyond the capability of the local government agency. Local Government Responsibilities: Once a declaration has been issued the following requirements must be met when requesting assistance from the State:  Conduct a preliminary damage assessment to be provided to CDHSEM  Keep track of disaster related expenditures to include: o Contracts for emergency repairs o Purchase orders o Records of employee overtime compensation o Receipts for rented or leased equipment These records will be required in the event of any disaster financial assistance is provided. Additionally, evidence is needed that local resources were exhausted (to include mutual aid and TABOR). ATTACHMENT 1 APPENDIX C: CONTINUATION RESOLUTION Councilor ___________moved adoption of the following Resolution: TOWN COUNCIL OF AVON, STATE OF COLORADO RESOLUTION NO. 20__-____ RESOLUTION DECLARING A CONTINUATION OF DISASTER OR EMERGENCY DECLARATION WHEREAS, the Town of Avon suffered serious damage to roads, bridges, homes, businesses, and other public and private facilities caused by _________________, which occurred on _______________; and [Include sufficient detail concerning the nature of the disaster or emergency and the area threatened] [Identify if this is a ratification of and continuation of prior County Manager declaration pursuant to C.R.S. 24-33.50709] WHEREAS, the cost and magnitude of responding to and recovering from the impact of the ensuing event is far in excess of the county’s available resources; [Include as much detail as is available concerning the conditions, magnitude of damage and the like] WHEREAS, pursuant to C.R.S. 24-33.5-709(1) “A local disaster may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed in excess seven days except by or with the consent of the governing board of the political subdivision”; and WHEREAS, the “effect of a declaration of local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster and emergency plans and to authorize the furnishing of aid and assistance under such plans.” C.R.S. 24-33.5-709(2). NOW, THEREFORE, BE IT RESOLVED by the Town Council of Avon, Colorado: THAT, the Town Council of Avon determines and declares [an emergency, or continuing emergency/disaster this to be a disaster area etc…] THAT, this Resolution and Declaration shall be promptly filed with the Avon Town Clerk and with the Office of Emergency Management. THAT, this Resolution and Declaration is necessary for the public health, safety and welfare of the citizens of the Town of Avon, State of Colorado. MOVED, READ AND ADOPTED by the Town Council of the Town of Avon, State of Colorado, this ____ day of _______________, 20__. ATTACHMENT 1 COLORADO, By and Through Its TOWN COUNCIL ATTEST: ______________________ By: ______________________________ Clerk to the Town Council Sarah Smith Hymes Mayor ______________________________ Amy Phillips Mayor Pro Tem ____________________________ Jennie Fancher Councilor ______________________________ Chico Thuon Councilor ____________________________ Jake Wolf Councilor ______________________________ Scott Prince Councilor ____________________________ Tamra Underwood Councilor Councilor ____________________ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Councilor Smith-Hymes ______________ Councilor Phillips ______________ Councilor Fancher ______________ Councilor Thuon ______________ Councilor Wolf ______________ Councilor Prince ______________ Councilor Underwood ______________ This resolution passed by __________________ vote of the Town Council of the Town of Avon, State of Colorado. NOTE: ATTACHMENT 1 Email a copy of the resolution to the Eagle County Emergency Manager at emergency@eaglecounty.us and another copy to the County Manager/Board of County Commissioners at dept-adm-all@eaglecounty.us File with the Clerk and Disseminate to the Public Appendix D: Recovery Community Recovery Checklist The Community Recovery Checklist is an outline of some of the key items that the emergency manager will have to deal with during the recovery stage. These areas should be considered when developing a recovery plan, as well as any post-disaster mitigation plans. Post Event: Establish a Disaster Recovery Center (DRC)  “One Stop” for disaster assistance programs and assistance information.  DOLA can provide technical assistance when a local jurisdiction is considering setting up a DRC.  Expectation management is a critical component of disaster assistance.  Develop an Unmet Needs Committee. Appoint Recovery Manager  Provide central coordination point for all recovery support functions.  Facilitate community and neighborhood meetings.  Seek support from philanthropic community.  Provide liaison with State and federal agencies and coordinate administration of Stafford Act (when available) and other assistance programs. Public Messaging  Establish a coordinated public information process, as soon as possible, representative of the various impacted jurisdictions and agencies. Multiple partners and organizations will be coming to assist so a coordinated effort to streamline public messages is crucial. Establish a Recovery Task Force  Make it a collaborative/consensus-based group of elected/appointed officials and community, business, and non-profit leaders who can provide resources and expertise.  Establish a recovery “vision” and identify opportunities to improve the community.  Proactively manage recovery and redevelopment to consider competing interests.  Review/revise the Disaster Recovery Plan, determine recovery strategies, develop actions, establish goals and milestones, and engage and inform the general public.  Implement appropriate sections of the Disaster Recovery Plan.  Recovery Task Force provides policy and resource support to Recovery Support Functions (RSFs). ATTACHMENT 1  RSFs are longer-term than Emergency Support Functions (ESFs), and may require research, analysis, and detailed planning to complete.  Designate a recovery manager who is capable of guiding the recovery process. Damage Assessment  Estimate impacts and losses, mitigation needs, and preparedness issues.  Identify facilities with risk pool and insurance coverage, FEMA Public Assistance (PA), and Individual Assistance (IA) thresholds.  Perform a Rapid Needs Assessment (first 24 hours).  Perform a Preliminary Damage Assessment (PDA) - Joint effort among FEMA, SBA, State, and local staff.  Conduct building inspections and issue permits. Debris Management  Determine emergency debris clearance – designated priority routes.  Develop a debris management strategy – should include sorting, recycling, reducing, and strategies for removal, management, and disposition.  Determine hazardous materials guidelines for handling and disposal.  Understand roles and responsibilities with respect to compliance with State and federal laws. Repair/Replace/Restore Public Infrastructure and Services  Determine level of insurance coverage for damaged public facilities.  Identify alternate facilities to continue government operations during repairs/restoration.  Develop strategy and priorities for emergency and permanent restoration of utilities, health and medical facilities, transportation systems, communications, and water/wastewater systems.  Coordinate with utility providers to determine restoration priorities.  Administer FEMA Public Assistance grants in federally declared disasters. Establish System for Managing Donations and Volunteers  Determine adequacy of local resources and whether outside assistance is needed to establish a volunteer reception center or to manage donations facilities.  Obtain technical assistance from state Donations-Volunteer Coordination team.  Establish policy and process for accepting and dispensing cash donations. Support Mass Care Activities  Ensure coordination between Human Services and nonprofit/voluntary agencies providing mass care (American Red Cross, Salvation Army, Colorado Baptists, etc.).  Provide logistical support for sheltering, feeding, bulk distribution, animal care, and other mass care activities.  Establish call center or request assistance from Colorado 2-1-1 to provide call center, information and referral services. ATTACHMENT 1 Provide Behavioral Health Services to Survivors  Identify resources to meet immediate needs for crisis counseling (victim advocates, behavioral health specialists).  Determine need for long-term behavioral health services.  Obtain technical assistance through Colorado Crisis Education and Response Network (COCERN), coordinated by Colorado Department of Public Health and Environment (CDPHE). Provide Case Management Services  Ensure trained case managers are available to support unmet needs of individuals and families (application completion, housing, employment, business support, legal services, clothing, furniture, transportation, medical and behavioral health services, and referral/transition to other public services). Provide Coordinated and Timely Public Information  Prepare and release coordinated public messaging regarding health and safety risks, debris removal, donations/volunteers, availability of assistance, and other recovery issues.  Establish a webpage and utilize social media to create interactive, culturally- competent dialogue with residents on recovery matters. Re-Entry: Public & Environmental Health Considerations  Perform search and rescue.  Determine secondary hazards / imminent threats.  Determine hazardous materials risks to citizens and responders.  Communicate risks to responders/relief workers.  Establish public messaging systems.  Determine pandemic / epidemic and sanitation considerations. Identify Sources of Outside Assistance  Identify assistance programs available from federal government, State government, nonprofit organizations, and the private sector to assist individuals and families.  Support delivery of FEMA Individual Assistance grants and loans in federally declared disasters. Determine Need for Disaster Declaration  Request State and or federal disaster assistance (as needed, based on damage assessment and levels of insurance coverage).  Prepare ordinance/resolution declaring a local disaster and providing legal basis for instituting social controls, enabling access to TABOR emergency reserves, or other extraordinary legal measures. ATTACHMENT 1 Identify Technical Assistance Needs  Contact Department of Local Affairs (DOLA; Divisions of Local Government, Housing, Emergency Management) for legal, budgetary, housing, planning and economic development assistance. Identify Hazard Mitigation Opportunities  Develop hazard mitigation strategy and seek funding to support mitigation projects and initiatives.  Evaluate adequacy of building and zoning codes and land use plans based on disaster impacts.  Coordinate with State and federal agencies with hazard mitigation programs and resources. Establish Disaster-Related Policies  Modify codes and regulations, as needed, to facilitate recovery for residents, businesses, and public entities. ATTACHMENT 1 APPENDIX E: Evacuation Check-in Sheet   Address Evacuated From Number of People from AddressNeed Shelter or Assistance (Y/N)Need Animal/Pet Assistance (Y/N)Contact Phone Number Special Needs/MedsComments12345678910111213141516171819SHEET #______ OF ______  DATE:______________________AVON POLICE DEPARTMENT EVACUATION CENTER/SHELTER CHECK‐IN SHEETContact NameLocation of Center/Shelter:__________________________________________ Contact Number:________________________________ Community WildfireAssessment Community Wildfire AssessmentWildridge Conducted on07 Aug 2018 01:57 PM LocationWildridge RdVail, CO 81657United States(39.6591507085037, -106.5375297424444) Jeff Zechman - Eagle River Fire - Wildland Mitigation SpecialistJZechman@eagleriverfire.org Completed on25 Aug 2018 05:24 PM Score3/4.0 - 75.00% Audit - 1/1 100.00% Question Response Details Appendix 1 Appendix 2 Appendix 3 Common terrain features of the area Canyon(s)/Drainage(s), East Aspect, Ridge, South Aspect,Steep Grade >40%, West Aspect Vegetation type Aspen, Conifer Mix, Grass, Light slash, Pinion andJuniper, Small shrubs and bushes Community access and regress Adequate width for fire apparatus, Dirt roadway, Pavedroadway, Steep roadway, Two track 4x4 only Safety Zones or temporary refuge areas Yes Three additional safety zone areasproposed and indicated on GIS map. Twowould serve the upper area of Wildridgefor Firefighter safety and as a temporaryretreat for residents. The other on BeaverCreek Point. The areas would have to bemaintained through summer and fall. Appendix 4 Appendix 5 Appendix 6 Water resources Pressurized Hydrants Any bridges present with GVW rating?N/A Score (1/1) 100.00%07 Aug 2018 / JZechman@eagleriverfire.org - 2 - Details - 2/3 66.67% Question Response Details Is there a natural or a constructed firebreak present?Yes Roadways, including paved and dirt,trails, and irrigated maintained areas. How many homes within the community?300-400 Do the homes have defensible space?Not all but some do with needed improvement Has the area or properties beenmitigated?No Score (2/3) 66.67%07 Aug 2018 / JZechman@eagleriverfire.org - 3 - Question Response Details Other concerns? Yes - Mitigation along main access andevacuation route to Wildridge.Maintaining vegetation to decrease fireignition from roadway that could travelup to Wildridge and Wildwood area.- Limited private property areas do notallow for some homeowners to createsufficient defensible space or extendeddefensible space. Structures located onsteep slopes with open areas requiredefensible space to be extended by 1 1/2times the normal requirement of 30 feetfor grass areas, 100 feet for medium sizevegetation, and 200 feet, if allowable, forlarge vegetation. Must be maintainedduring summer and fall. Areas proposedare detailed in pictures and on GIS webapplication.- Work with utility company to mitigateareas around power poles.- Avon PD is continuing to work onsecondary evacuation route access andimprovement- Individual home defensible space iscrucial. Specifically for homes located onsteep terrain (West and South aspect is ahigher risk), ridge tops , and arounddrainages. Helping to extend thesedefensible zones would greatly helpreduce wildfire risk. Appendix 7 Appendix 8 Appendix 9 Appendix 10 Appendix 11 Appendix 12 Appendix 13 Appendix 14 Appendix 15 Appendix 16 Appendix 17 Appendix 18 Appendix 19 Appendix 20 Appendix 21 Appendix 22 Appendix 23 Appendix 24 Appendix 25 Score (2/3) 66.67%07 Aug 2018 / JZechman@eagleriverfire.org - 4 - Map Question Response Details 07 Aug 2018 / JZechman@eagleriverfire.org - 5 - Media 07 Aug 2018 / JZechman@eagleriverfire.org - 6 - Appendix 1 Appendix 2 Appendix 3 Appendix 4 07 Aug 2018 / JZechman@eagleriverfire.org - 7 - Appendix 5 Appendix 6 Appendix 7 Appendix 8 07 Aug 2018 / JZechman@eagleriverfire.org - 8 - Appendix 9 Appendix 10 Appendix 11 Appendix 12 07 Aug 2018 / JZechman@eagleriverfire.org - 9 - Appendix 13 Appendix 14 Appendix 15 Appendix 16 07 Aug 2018 / JZechman@eagleriverfire.org - 10 - Appendix 17 Appendix 18 Appendix 19 Appendix 20 07 Aug 2018 / JZechman@eagleriverfire.org - 11 - Appendix 21 Appendix 22 Appendix 23 Appendix 24 07 Aug 2018 / JZechman@eagleriverfire.org - 12 - Appendix 25 Commissioner ____________________ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No. 2018-________ RESOLUTION ADOPTING EAGLE COUNTY REVISED EMERGENCY OPERATIONS PLAN WHEREAS, C.R.S. § 24-33.5-707(1) states each political subdivision is within the jurisdiction of and served by the office of emergency management and by a local or inter- jurisdictional agency responsible for disaster preparedness and coordination of response; and WHEREAS, C.R.S. § 24-33.5-707(2) states each county shall maintain a disaster agency or participate in a local or inter-jurisdictional disaster agency that otherwise has jurisdiction over and serves the entire county; and WHEREAS, C.R.S. § 24-33.5-707(8) states each local and inter-jurisdictional disaster agency shall prepare and keep current a local or inter-jurisdictional disaster emergency plan for its area; and WHEREAS, the Eagle County Emergency Operations Plan was adopted by Resolution No. 2015-091 on October 20, 2015; and WHEREAS, the Board of County Commissioners desires to update the Eagle County Emergency Operations Plan. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Eagle County Emergency Operations Plan be adopted in the form attached hereto as Exhibit "A" and incorporated herein by reference. THAT, the Eagle County Emergency Operations Plan, set forth herein shall be effective as of October 1, 2017. THAT, the Eagle County Emergency Operations Plan contained herein at Exhibit “A” shall supersede all previously adopted plans. THAT, should any section, clause, provision, sentence or word in this Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the _______ day of ________, 2018. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ____________________________ By: ______________________________ Clerk to the Board of Kathy Chandler-Henry County Commissioners Chair ______________________________ Jeanne McQueeney Commissioner ____________________________ Jillian H. Ryan Commissioner Commissioner ____________________ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry ______________ Commissioner McQueeney ______________ Commissioner Ryan ______________ This resolution passed by __________________ vote of the Board of County Commissioners of the County of Eagle, State of Colorado May 2018– Base Plan Eagle County Emergency Operations Plan - 3 - The Eagle County Emergency Operations Plan is an all-discipline, all-hazards plan that establishes a single, comprehensive framework for the management of domestic incidents. It provides the structure and mechanisms for the coordination of local support as well as coordination with state and federal agencies. The Eagle County Emergency Operations Plan is important in the mission of reducing the vulnerability to all natural and human caused hazards; minimizing the damage, and assisting in the recovery from any type of incident that occurs. The Eagle County Emergency Operations Plan consists of the components depicted in Figure 1 on the following page. May 2018– Base Plan Eagle County Emergency Operations Plan - 4 - Base Plan: Describes the structure and processes comprising a countywide approach to incident management designed to integrate the efforts and resources of local government, private-sector, and non-governmental organizations. The Base Plan includes planning assumptions, roles and responsibilities, policies, initial actions, and plan maintenance instructions. Emergency Support Function (“ESF”) Annexes: Contains details of the missions, policies, structures, and responsibilities of local agencies for coordinating resource and programmatic support to local agencies or other jurisdictions and entities during incidents. Supporting Documents, Incident and Event Appendices: Contains definitions, agreements and specific plans for incidents and/or events that are likely to occur in Eagle County, Colorado. These plans are considered adopted by reference as they are signed by the affected participants. Strategic, Operational, and Tactical Planning: There are three tiers of planning: strategic planning, operational planning, and tactical (incident scene) planning. Strategic planning sets the context and expectations for operational planning, while operational planning provides the framework for tactical planning. All three tiers of planning occur at all levels of government. Approval and Implementation: This plan supersedes the Eagle County Emergency Operation Plan dated October 20, 2015 The transfer of management authority for actions during an incident is done through the execution of a written delegation of authority from an agency to the Incident Commander. This procedure facilitates the transition between incident management May 2018– Base Plan Eagle County Emergency Operations Plan - 5 - levels. The delegation of authority is a part of the briefing package provided to an incoming incident management team. It should contain both the delegation of authority and specific limitations to that authority. The Eagle County Emergency Operations Plan delegates the Board of County Commissioner’s authority to specific individuals. The chain of succession in a major emergency or disaster is as follows: 1. County Manager 2. Deputy County Managers May 2018– Base Plan Eagle County Emergency Operations Plan - 6 - Record of Changes Record of Changes Change # Date of Change Change Entered by Date Entered May 2018– Base Plan Eagle County Emergency Operations Plan - 7 - Record of Distribut ion Plan # Office/Department Representative Signature 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 Plan is posted on Eagle County website at www.eaglecounty.us/Emergency/Emergency_Operations_Plan/ May 2018– Base Plan Eagle County Emergency Operations Plan - 8 - Contents Purpose, Scope and Authorities..........................................................................................11 Key Concepts .....................................................................................................................11 Planning Assumptions and Considerations........................................................................12 Colorado Disaster Emergency Act (C.R.S. § 24-33.5-707)...............................................13 Local Disaster Emergencies (C.R.S. § 24-33.5-709)..........................................................14 Roles and Responsibilities .................................................................................................14 Local Chief Elected Official...............................................................................................14 Plan Maintenance...............................................................................................................15 Emergency Support Functions and Scope ........................................................................ 15 Private Sector….................................................................................................................. 16 Impacted Organization or Infrastructure............................................................................. 16 Response Resource.............................................................................................................. 16 Regulated and/or Responsible Party................................................................................... 17 Local Emergency Organization Member............................................................................ 17 Responsibilities .................................................................................................................. 17 Citizen Involvement............................................................................................................ 17 Concept of Operations ....................................................................................................... 18 Eagle County EOC............................................................................................................. 19 Disaster Declarations......................................................................................................... 19 Eagle County EOC............................................................................................................. 19 Eagle County Joint Information Center............................................................................. 20 NIMS Framework.............................................................................................................. 21 Other Incident Facilities..................................................................................................... 22 ESF Coordinator ................................................................................................................22 Primary Agency ................................................................................................................22 Secondary Agencies............................................................................................................23 Emergency Support Function Matrix................................................................................ 24 May 2018– Base Plan Eagle County Emergency Operations Plan - 9 - List of Annexes Emergency Support Function #1—Transportation Annex Emergency Support Function #2—Communications Annex Emergency Support Function #3—Public Works and Engineering Annex Emergency Support Function #4—Firefighting Annex Emergency Support Function #5—Emergency Management Annex Emergency Support Function #6—Mass Care, Housing, and Human Services Emergency Support Function #7—Resource Support Annex Emergency Support Function #8—Eagle County Public Health and Environment and Medical Services Annex Emergency Support Function #9—Search and Rescue Annex Emergency Support Function #10—Hazardous Materials Annex Emergency Support Function #11—Agriculture and Natural Resources Annex Emergency Support Function #12—Energy and Public Utilities Annex Emergency Support Function #13—Public Safety and Security Annex Emergency Support Function #14—Community Recovery and Mitigation Annex Emergency Support Function #15—External Affairs Annex List of Appendices Appendix A - Acronyms, Abbreviations and Terms - May 2018 Appendix B - EOC Activation Procedures - May 2018 Appendix C - SAMPLE Eagle County All-Risk Mutual Aid Agreement - May 2018 Appendix D - 2018 Eagle County Wildfire Annual Operating Plan – March 2018 (Adopted annually in March) Appendix E - Eagle County Resource Management Plan - May 2018 Appendix F - Damage Assessment Plan - May 2018 Appendix G - Evacuation Plan - May 2018 Appendix H - Disaster Declaration Process - May 2018 Appendix I - Mass Casualty Incident Plan - May 2018 Appendix J - Public Health Plan – May 2018 Appendix K - County Animal Response Team Plan - May 2018 May 2018– Base Plan Eagle County Emergency Operations Plan - 10 - Appendix L - Public Information and Warning Plan - May 2018 Appendix M - Utility Restoration Plan - May 2018 Appendix N - Hazardous Materials Plan – May 2018 Appendix O - Explosive Materials Response Plan - May 2018 Appendix P - Mass Fatalities Plan - May 2018 Appendix Q - Severe Weather Plan - May 2018 Appendix R - Roles and Responsibilities - May 2018 Appendix S - Response to Terrorism Plan – May 2018 Appendix T - Major Incident Communications Plan - May 2018 Appendix U - Joint Information System Protocols - May 2018 Appendix V - Rapid Needs Assessment - May 2018 Appendix W - Debris Management Plan – Pending—Not Attached Appendix X - Emergency Spending Resolution - May 2018 Appendix Y - Policy Group Plan - May 2018 Appendix Z -Disaster Recovery Plan – February 2018 Appendices may be created, revised and adopted independent of the base plan. May 2018– Base Plan Eagle County Emergency Operations Plan - 11 - Purpose The purpose of the Eagle County Emergency Operations Plan (EOP) is to establish a comprehensive, countywide, all hazards approach to incident management across a spectrum of activities including prevention, preparedness, response, mitigation and recovery. The Eagle County EOP incorporates best practices and procedures from various incident management disciplines—homeland security, emergency management, law enforcement, firefighting, hazardous materials response, public works, public health, emergency medical services, and responder and recovery worker health and safety—and integrates them into a unified coordinating structure. The Eagle County EOP provides the framework for interaction with local, private sector, and nongovernmental organizations (NGO). It describes capabilities and resources and establishes responsibilities, operations processes, and protocols to help protect against terrorist attacks and other natural and manmade hazards. Scope The Eagle County EOP recognizes and incorporates the various jurisdictional and functional authorities of local agencies, private-sector organizations and non-governmental organizations. This plan is applicable to all agencies and organizations that may be requested to provide assistance or conduct operations in the context of actual or potential incidents within the county. This plan addresses the full spectrum of activities related to incident management. The Eagle County EOP focuses on those activities that are directly related to an evolving incident or potential incident. Authorities Federal 1. Robert T. Stafford Disaster Relief and Emergency Assistance Act and Amendments (P.L. 93-288, as amended by P.L. 100-707). 2. Homeland Security Presidential Directive #5: Management of Domestic Incidents, National Incident Management System (NIMS) 3. The National Response Framework, May 2013 4. Homeland Security Presidential Directive #8: National Preparedness State 5. Colorado Disaster Emergency Act (Title 24, Article 33.5, Part 7 Colorado Revised Statutes, as amended). Key Concepts This section summarizes key concepts that are reflected throughout the Eagle County EOP.  Systematic and coordinated incident management, including processes for: o Incident reporting o Coordinated action o Alert and notification o Mobilization of resources  Organizing interagency efforts to minimize damage, restore impacted areas to pre- incident conditions if feasible, and/or implement programs to mitigate vulnerability to future events. May 2018– Base Plan Eagle County Emergency Operations Plan - 12 -  Organizing ESFs to facilitate the delivery of critical resources, assets, and assistance. Local departments and agencies are assigned to lead or support ESFs based on authorities, resources, and capabilities.  Providing mechanisms for vertical and horizontal coordination, communications, and information sharing in response to threats or incidents. These mechanisms facilitate coordination among local entities as well as public and private sectors. Planning Assumptions and Considerations The Eagle County EOP is based on planning assumptions and considerations presented in this section.  Incidents are typically managed at the lowest possible geographic, organizational, and jurisdictional level.  Incident management activities will be initiated and conducted using the principles contained in the NIMS.  The combined expertise and capabilities of government at all levels, the private sector, and NGOs will be required to prevent, mitigate, prepare for, respond to, and recover from incidents or disasters.  Incidents or disasters may: o Occur at any time with little or no warning in the context of a general or specific threat or hazard. o Require significant information sharing across multiple jurisdictions and between public and private sectors. o Span the spectrum of incident management to include prevention, preparedness, response, and recovery. o Involved multiple, high varied hazards or threats on a local, regional, or national scale. o Result in numerous casualties; fatalities; displaced people; property loss; disruption of normal life support systems, essential public services, and basic infrastructure; and significant damage to the environment. o Impact critical infrastructures across sectors. o Overwhelm capabilities of local governments and private sector infrastructure owners and operators. o Attract a sizeable influx of independent, spontaneous volunteers and supplies. o Require prolonged, sustained incident management operations and support activities. o Top priorities for incident management are to:  Save lives and protect the health and safety of responders, recovery workers and the public. o Prevent an imminent incident, including acts of terrorism from occurring. o Protect and restore critical infrastructure and key resources. o Conduct law enforcement investigations to resolve the incident, apprehend the perpetrators, and collect and preserve evidence for prosecution. o Protect property and mitigate damages and impacts to individuals, communities, and the environment. o Facilitate recovery of individuals, families, businesses, governments, and the environment.  Departments and agencies at all levels of government and certain NGO’s such as the American Red Cross or Salvation Army , may be required to deploy to incidents or disasters on short notice to provide timely and effective mutual aid and/or intergovernmental assistance. May 2018– Base Plan Eagle County Emergency Operations Plan - 13 -  For incidents or disasters that are Presidential declared, state and federal support is delivered in accordance with relevant provisions of the Stafford Act. Colorado Disaster Emergency Act (C.R.S. § 24-33.5-701 et. seq.) C.R.S. § 24-33.5-707 provides in part: (1) Each political subdivision is within the jurisdiction of and served by the office of emergency management and by a local or inter-jurisdictional agency responsible for disaster preparedness and coordination of response. (2) Each county shall maintain a disaster agency or participate in a local or inter- jurisdictional disaster agency which, except as otherwise provided under this part 7, has jurisdiction over and serves the entire county. (3) The governor shall determine which municipal corporations need disaster agencies of their own and require that they be established and maintained. The governor shall make such determination on the basis of the municipality's disaster vulnerability and capability of response related to population size and concentration. The disaster agency of a county shall cooperate with the disaster agencies of municipalities situated within its borders but shall not have jurisdiction within a municipality having its own disaster agency. The office of emergency management shall publish and keep current a list of municipalities required to have disaster agencies under this subsection (3). (4) The minimum composition of a disaster agency is a director or coordinator appointed and governed by the chief executive officer or governing body of the appointing jurisdiction. The director or coordinator is responsible for the planning and coordination of the local disaster services. (5) Any provision of this part 7 or other law to the contrary notwithstanding, the governor may require a political subdivision to establish and maintain a disaster agency jointly with one or more contiguous political subdivisions if the governor finds that the establishment and maintenance of an agency or participation therein is made necessary by circumstances or conditions that make it unusually difficult to provide disaster prevention, preparedness, response, or recovery services under other provisions of this part 7. (6) Each political subdivision that does not have a disaster agency and has not made arrangements to secure or participate in the services of an agency shall have an elected official designated as liaison officer to facilitate the cooperation and protection of that subdivision in the work of disaster prevention, preparedness, response, and recovery. (7) The mayor, chairman of the board of county commissioners, or other principal executive officer of each political subdivision in the state shall notify the office of emergency management of the manner in which the political subdivision is providing or securing disaster planning and emergency services, identify the person who heads the agency from which the services are obtained, and furnish additional information relating thereto as the office of emergency management requires. May 2018– Base Plan Eagle County Emergency Operations Plan - 14 - (8) Each local and interjurisdictional disaster agency shall prepare and keep current a local or interjurisdictional disaster emergency plan for its area. (9) The local or interjurisdictional disaster agency, as the case may be, shall prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster chain of command. Local Disaster Emergencies (C.R.S. § 24-33.5-709) C.R.S. § 24-33.5-709 provides: (1) A local disaster may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the county clerk and recorder, city clerk, or other authorized record-keeping agency and with the office of emergency management. (2) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local and inter-jurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance under such plans. (3) No interjurisdictional disaster agency or official thereof may declare a local disaster emergency unless expressly authorized by the agreement pursuant to which the agency functions. An interjurisdictional disaster agency shall provide aid and services in accordance with the agreement pursuant to which it functions. Roles and Responsibilities Police, fire, public health and medical, emergency management, public works, hazardous materials response, and other personnel are often the first to arrive and the last to leave an incident site. When local resources and capabilities are overwhelmed, local Chief Executive Officer (“CEO”) or their designee may request assistance from additional districts, municipalities, or Eagle County. Local Chief Elected Official A Mayor or Chair of the Board and/or a jurisdiction’s CEO is responsible for the public safety and welfare of the people of that jurisdiction. Responsibilities of the Local Chief Elected Official include:  Responsibility for coordinating local resources to address the full spectrum of actions to prevent, prepare for, respond to, and recovery from incidents involving all hazards including natural disasters, accidents, terrorism, and other contingencies.  Dependent upon state and local law, the CEO may have extraordinary powers to suspend local laws and ordinances, such as to establish a curfew, direct evacuations, and, in accordance with the local health authority, to order quarantine.  Provides leadership and plays key role in communicating to the public, and in helping people, businesses, and organizations cope with the consequences of any type of domestic incident within the jurisdiction.  Negotiates and enters into mutual aid agreements with other jurisdictions to facilitate resource sharing. May 2018– Base Plan Eagle County Emergency Operations Plan - 15 -  Requests assistance through the appropriate channels when the jurisdiction’s capabilities have been exceeded or exhausted. Plan Maintenance Eagle County EOP revision and subsequent revisions, supersedes all previous editions and is effective immediately for planning, training and exercising, and preparedness and response operations. All parties shall review and update the Eagle County EOP, annexes, and appendices every two (2) years. All changes, revisions, and/or updates to the Plan its annexes and appendices shall be forwarded to Eagle County Emergency Management (“ECEM”) for review, publication and distribution to all holders of the Plan following the efforts of the lead agency to coordinate with its supporting agencies. If no changes, revisions, and/or up-dates are required, ECEM shall be notified in writing by the agency lead that respective plans, annexes, appendices, etc., have been reviewed and are considered valid and current. The Eagle County EOP applies a functional approach that groups the capabilities of local departments and agencies into ESFs to provide the planning, support, resources, program implementation, and emergency services that are most likely to be needed during incidents or disasters. The response to actual or potential incidents is typically provided through a full or partial activation of the ESF structure as necessary. Each ESF is composed of primary and support agencies. The Eagle County EOP identifies primary agencies on the basis of authorities, resources, and capabilities. Support agencies are assigned based on resources and capabilities in a given functional area. The resources provided by the ESFs reflect the resource kind and type categories identified in NIMS. The scope of each ESF is summarized in each ESF section. ESFs are expected to support one another in carrying out their respective roles and responsibilities. NGO collaborate with first responders, governments at all levels, and other agencies and organizations providing relief services to sustain life, reduce physical and emotional distress, and promote recovery of disaster victims when assistance is not available from other sources. Emergency Support Functions and Scope ESF #1—Transportation - Civil transportation support, restoration/recovery of transportation infrastructure, movement restrictions and damage and impact assessment. ESF #2—Communications - Coordination with telecommunications industry, restoration/repair of telecommunications infrastructure, protection and restoration of information resources and warnings and/or notifications. ESF #3—Public Works and Engineering - Infrastructure protection, emergency repair, infrastructure restoration, engineering services, construction management and critical infrastructure liaison. ESF #4—Firefighting - Firefighting Activities and resource support. ESF #5—Emergency Management - Coordination of incident management efforts, management of Emergency Operations Center (“EOC”). May 2018– Base Plan Eagle County Emergency Operations Plan - 16 - ESF #6—Mass Care, Housing, and Human Services - Mass Care, disaster housing, human services and sheltering. ESF #7—Resource Support - Resource support (facility space, office equipment, supplies, contracting services, etc.) and financial management. ESF #8—Eagle County Public Health and Environment and Medical Services - Public health, medical (Emergency Medical Services & Hospital), mental health, mass fatality and mortuary services. ESF #9—Search and Rescue - Life-saving assistance. ESF #10—Hazardous Materials – Chemical, Biological, Radiological, Nuclear and Explosive Response, environmental safety and short and long term cleanup. ESF #11—Agriculture Natural Resources - Animal and plant disease/pest response, food safety and food security. ESF #12—Energy and Public Utilities - Energy infrastructure assessment, repair and restoration, energy industry utilities coordination. ESF #13—Public Safety and Security - Facility and resource security, security planning, technical and resource assistance, public safety/security support, support to access, traffic, and crowd control. ESF #14—Community Recovery and Mitigation - Social and economic community impact assessment, long term community recovery assistance to local governments, and the private sector, mitigation analysis and program implementation. ESF #15—External Affairs - Emergency public information and protective action guidance, media and community relations support to on scene incident management and management of Joint Information Center (“JIC”). Private Sector Eagle County and primary and support agencies coordinate with the private sector to effectively share information, form courses of action, and incorporate available resources to prepare for, respond to, and recover from incidents or disasters. Roles: The roles, responsibilities, and participation of the private sector during incidents or disasters vary based on the nature of the organization and the type and impact of the incident. The roles of private sector organizations are summarized below: Impacted Organization or Infrastructure Private sector organizations may be affected by direct or indirect consequences of the incident, including privately owned critical infrastructure, key resources, and those main private sector organizations that are significant to local, regional, and national economic recovery from the incident. Examples of privately owned infrastructure include transportation, telecommunications, private utilities, financial institutions, and hospitals. Response Resource Private sector organizations provide response resources (donated or compensated) during an incident including specialized teams, equipment, and advanced technologies through local public-private May 2018– Base Plan Eagle County Emergency Operations Plan - 17 - emergency plans, mutual aid agreements, or incident specific requests from government and private sector volunteered initiatives. Regulated and/or Responsible Party Owners/operators of certain private sector regulated facilities or hazardous operations may bear responsibilities under the law for preparing for and preventing incidents from occurring, and responding to an incident once it occurs. For example, federal regulations require owners/operators of Tier II reporting facilities to maintain emergency (incident) preparedness plans, procedures, and to perform assessments, prompt notifications, and training for a response to an incident. Local Emergency Organization Member Private sector organization members may serve as active partners in local emergency preparedness and response organizations and activities. Responsibilities Private sector organizations support the Eagle County EOP (voluntarily or to comply with applicable laws and regulations) by sharing information with the government, identifying risks, performing vulnerability assessments, developing emergency response and business continuity plans, enhancing their overall readiness, implementing appropriate prevention and protection programs, and donating or otherwise providing goods and services through contractual arrangement or government purchases to assist in response to and recovery from an incident. Certain organizations are required by existing law and regulation to bear the cost of planning response to incidents, regardless of cause. In the case of the an incident or disaster, these private sector organizations are expected to mobilize and employ the resources necessary and available in accordance with their plans to address the consequences of incidents at their own facilities or incidents for which they are otherwise responsible. Unless the response is inherently governmental, private sector organizations are encouraged to develop and maintain capabilities to respond to and manage a complete spectrum of incidents and emergencies. Local government should maintain ongoing interaction with the critical infrastructure and key resource industries to provide coordination for prevention, preparedness, response, and recovery activities. When practical, or when required under federal law, private sector representatives should be included in planning and exercises. The government may, in some cases direct private sector response resources when they have contractual relationships, using government funds. The primary agency(ies) for each ESF must maintain working relations with its associated private sector counterparts through partnership committees or other means. (e.g., ESF #10, Hazardous Materials Response—Hazardous Materials Industries). Citizen Involvement Strong partnerships with citizens groups and organizations provide support for incident management prevention, preparedness, response, recovery, and mitigation. The U.S. Citizen Corps brings these groups together and focuses efforts of individuals through education, training, and volunteer service to help make communities safer, stronger, and better prepared to address the threats of terrorism, crime, public heath issues, and disasters of all kinds. Local Citizen Corps Councils implement Citizen Corps programs, which include Community Emergency Response Teams, Medical Reserve Corps, Neighborhood Watch, Volunteers in Police Service, and the affiliate programs. May 2018– Base Plan Eagle County Emergency Operations Plan - 18 - These programs provide opportunities for special skills and interests; develop targeted outreach for special needs groups, and organize special projects and community events. Citizen Corps Affiliate programs expand the resources and materials available to local communities through partnerships with programs and organizations that offer resources for public education, outreach, and training; represent volunteers interested in helping to make their communities safer or offer volunteer service opportunities to support first responders, disaster relief activities, and community safety efforts. Concept of Operations Incident Support This section describes the local coordinating structures, processes, and protocols employed to manage incidents or disasters in Eagle County. These coordinating structures and processes are designed to enable execution of the responsibilities of each jurisdiction having authority and to integrate local, NGO, and private sector efforts into a comprehensive approach to incident management. A basic premise of the Eagle County EOP is that incidents are generally handled at the lowest jurisdictional level possible. Police, fire, public health and medical and other personnel are responsible for incident management and coordination at the local level. In the vast majority of incidents, local resources and regional mutual aid resources provide the first line of emergency response and incident management support. When a local jurisdiction requires assistance with providing logistical support for an incident or when several local jurisdictions are experiencing simultaneous incidents requiring similar resources, the Eagle County EOC should be activated through the County Emergency Management Director or designee in accordance with the EOC Plan (Appendix B) to coordinate efforts and provide appropriate support to the incident command structure. Strategic level interagency incident management coordination and course of action development are facilitated by the Eagle County ESF’s located at the EOC. Public information will be managed by ESF #15 and the Eagle County Public Information Officer Group operating in a Joint Information Center. The framework created by these coordinating structures is designed to accommodate the various roles local government plays during an incident, whether it is support to local agencies, or direct implementation of the Eagle County incident management authorities and responsibilities under state and federal law. The organizational structure for incident management establishes a clear progression of coordination and communication from the local level to the state level. As illustrated below, the local incident command structures, Incident Command Posts (“ICP”), are responsible for directing on-scene incident management and maintaining command and control of on- scene incident operations. May 2018– Base Plan Eagle County Emergency Operations Plan - 19 - Eagle County EOC The support and coordination components consist of an EOC staffed by the appropriate coordination entities. The EOC provides a central location for operational information sharing and resource coordination in support of on-scene efforts. This group is made of department/agency heads with authority to make decisions and commit resources. The Eagle County Policy Group aids the EOC by establishing priorities among the incidents and associated resource allocations, resolving agency policy conflicts, and providing strategic guidance to support incident management activities. The Policy Group consists of personnel with decision making authority from affected jurisdictions. The Eagle County EOC is also the conduit to the State of Colorado for resource assistance and other state and/or federal assistance. Disaster Declarations During actual or potential incidents or disasters, the overall coordination of local incident management activities is executed by the agency (ies) with jurisdictional authority under NIMS. When an incident or potential incident is of such severity, magnitude, and/or complexity that it is considered a disaster, the Incident Command Post Incident Command Post Incident Command Post Eagle County EOC State of Colorado Emergency Operations Center Incident Command Post Eagle County EOC Eagle County Policy Group May 2018– Base Plan Eagle County Emergency Operations Plan - 20 - County may request a disaster declaration to initiate the support at the State. In the context of the Stafford Act disasters or emergencies, the Department of Homeland Security coordinates supplemental Federal assistance when the consequences of the incident exceed local and state capabilities. Eagle County Joint Information Center The Eagle County JIC serves as a focal point for the coordination and dissemination of information to the public and media concerning incident prevention, preparedness, response, recovery, and mitigation. The JIC staff develops, coordinates, and disseminates unified news releases. News releases are cleared through the EOC and Incident Commanders to ensure consistent messages, avoid release of conflicting information, and prevent negative impact on operations. This formal approval process ensures protection of law enforcement sensitive information. Agencies may issue their own news releases related to their policies, procedures, and capabilities, however, these should be coordinated with the JIC. In accordance with NIMS processes, resource and policy issues are addressed at the lowest organizational level practicable. If the issues cannot be resolved at that level, they are forwarded up to the next level for resolution. The organizational structure above addresses both site specific incident management activities and the broader issues related to the incident, such as impacts to the rest of the County, immediate County or regional actions required to avert or prepare for potential subsequent events, and the management of multiple threats or incidents (specifically those that are non-site specific, geographically dispersed, or evolve over a long period of time). May 2018– Base Plan Eagle County Emergency Operations Plan 21 Command Structures Coordination Structures NIMS Framework The structure for Eagle County EOP coordination is based on the NIMS construct: Incident Command/Unified Command on-scene supported by Emergency Operations Center and Multi-agency Coordination Groups. Multi-agency Coordination Groups (MACGs) Strategic Coordination Prioritization between incidents and associated resource allocation Focal point for issue resolution Emergency Operations Center Support and coordination Identifying resource shortages and issues Gathering and providing information Implementing multi-agency coordination entity decisions Incident Command/Unified Command  Directing on-scene incident management Eagle County Policy Group State MACG Eagle County EOC Eagle County JIC State EOC Incident Command Post Incident Command Post Incident Command Post Other Incident Facilities Incident Command Post The tactical level, on-scene incident command and management organization is located at the ICP. It is typically comprised of designated incident management officials and responders from local agencies, as well as private sector and non-governmental organizations. When multiple command authorities are involved, the ICP should be led by a Unified Command, comprised of officials who have jurisdictional authority or significant functional responsibility for the incident under an appropriate law, ordinance, or agreement. The Unified Command provides direct, on-scene control of tactical operations and utilizes the NIMS ICS organizational structure, typically including Operations, Planning, Logistics, and Finance/Administration sections. The ICP is usually located at or in the immediate vicinity of the incident site. The location is selected by the agency having primary jurisdictional authority for managing the incident at this level. Generally, there is one ICP established for each incident. Depending on the number and location of incidents, there may be multiple ICP’s managed by an Area Command. ESF Coordinator The ESF Coordinator is the primary agency representative who has ongoing responsibilities throughout the prevention, preparedness, response, recovery, and mitigation phases of incident management. The role of the ESF Coordinator is carried out through a “multi-agency coordination approach” as agreed upon collectively by the designated primary agencies. Responsibilities of the ESF Coordinator include:  Pre-Incident planning and coordination  Maintaining ongoing contact with ESF primary and support agencies  Conducting periodic ESF meetings and conference calls  Coordinating efforts with corresponding private sector organizations  Coordinating ESF activities relating to catastrophic incident planning and critical infrastructure preparedness as appropriate Primary Agency A local department or agency designated as an ESF primary agency serves as a local representative to accomplish the ESF mission. When an ESF is activated, the primary agency is responsible for:  Orchestrating local support within their functional area for an affected jurisdiction  Provide staff for the operations functions at fixed and field facilities  Notify and request assistance from support agencies  Manage mission assignments and coordinate with support agencies  Work with appropriate private-sector organizations to maximize use of all available resources  Support and inform other ESFs of operational priorities and activities  Assisting with procurement of goods and services as needed  Ensure financial and property accountability for ESF activities  Plan for short term and long term incident management and recovery operations  Maintain trained personnel to support interagency emergency response and support teams Support Agencies When an ESF is activated in response to an incident, support agencies are responsible for:  Conducting operations, when requested by the primary ESF agency, using their own authorities, subject matter experts, capabilities, or resources  Participating in planning for short term and long term incident management and recovery operations and the development of supporting operational plans, Standard Operating Procedures, checklists, or other job aids, in concert with existing first responder standards  Assist in the completion of situation assessments  Furnish available personnel, equipment, or other resource support as requested by the primary ESF agency  Participate in training and exercises aimed at continuous improvement of prevention, response, and recovery capabilities  Identify new equipment or capabilities required to prevent or respond to new or emerging threats and hazards, or to improve the ability to address existing threats  Provide information or intelligence regarding the agency’s area of expertise EAGLE COUNTY EMERGENCY SUPPORT FUNCTIONS MATRIX ESF1 ESF2 ESF3 ESF4 ESF5 ESF6 ESF7 ESF8 ESF9 ESF10 ESF11 ESF12 ESF13 ESF14 ESF15 Transportation Communications Public Works Fire Fighting Emergency Management Mass Care, Housing & HS Resources & Logistics Public Health & Medical SAR (Wilderness & Urban) Haz-Mat Ag.& Natural Resources Public Service Restoration Public Safety & Security Recovery & Mitigation Public Information Officer Agency Administrators S S S S S S S S S S S S S S U Airport U S U S S S S S S S S S Ambulance Districts S S S U S S U S S S S S S Red Cross/Salvation Army S S S S S U S S S S S S S S S Animal Services S S U S Assessor's Office S S Attorney's Office S S S S S Community Development S S S S S S S U Coroner U S Commissioners/Councils L L L L L L L L L L L L L L L Engineering S S S S S S S S S S Extension Service S S S S Facilities Maintenance S S U S S S S S S U S Finance S S S S S S S S S S S S S S S Fire Departments U S S U U S S S S/L U S S S S S Fleet Services S S S GIS S S S S S S S S S S S S S S S Human Services S L S S S S S S S S S Hospitals S S S U S S S U Housing S S S Human Resources S S S S S S S S S S S S S S S Information & Technology U S S S S U S S Law Enforcement U U S U U S S S U U S S U S U PIO Group S S S S S S S S S S S S S S S Private Sector S S S S S S S S S S S S S S S Public Health & Environment U S U S Public Safety Comm. S U S S S S S S S S S S S S S Public Works U S U S S S S S S S S U S U S RHMAEC U School Districts S S S S S S Transportation Dept. U S S S S S S S S S Vail Mountain Rescue S S U S S S L = LEAD ROLL U = UNIFIED ROLL S = SUPPORT ROLL THIS PAGE INTENTIONALLY LEFT BLANK 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Town Council members FROM: Eric J. Heil, Town Manager RE: Colorado Classic Host City Agreement DATE: April 26, 2019 SUMMARY: RPM Events Group Colorado LLC (“RPM Events”) has approached the Town of Avon to request that Avon serve as a “Host Town” for one day of a four day Colorado Classic road bike stage race to be held in late summer. The race will be conducted from August 22-25, 2019. RPM Events proposes that Avon host the second day, Friday, August 23, 2019. The Colorado Classic race this year will be an all women’s pro race event which is intended to provide a world-class experience for the female athletes and attendees of the event. The attached Town Participation Agreement defines the Town’s obligations and “Host Benefits.” The agreement has not yet been fully reviewed but is presented to Council to introduce the terms. Overall, serving as a Host Town provides substantial positive exposure for the Town of Avon which advances Avon’s adopted 2016 Brand Platform and Marketing Plan, including Avon’s Position as “A mountain playground for outdoor adventure” and the Strategy to “Leverage special events to tell your brand story . . . .” As a Host Town, Avon would receive exposure through live broadcast which is distributed worldwide on a streaming network and on a Tour Tracker app with a combined estimated reach of almost 2 million views [per RPM Events materials], including two 30 second commercials and one custom content “infomercial” created by Avon. The race event would result would result in substantial traffic disruption and road closures for the route which could be as much as three hours depending upon the route selection. This is an expected consequence of hosting a bike race event. The race event also presents opportunities for Avon to host complimentary activities in Nottingham Park, including a junior bike event, Friday afternoon beer garden and live music entertainment. HOST TOWN OBLIGATIONS: Avon would be primarily responsible for managing traffic and road closures in the Town of Avon during the event; notifying affected property owners of road closures; working with other communities and agencies as required by the route selection; providing the use of Nottingham Park and Town facilities (Council chambers, Avon Pavilion, meeting rooms); recruiting and training volunteers; and preparing media content for marketing and branding purposes. ROUTE SELECTION: The start and finish would be in Avon. Town staff has indicated that a start-finish on Lake Street fronting Nottingham Park would be preferable. The race route would most likely include a “parade lap” through Avon at the start. The race event organizers are currently considering a series of circuits near Avon including one or multiple loop laps in Eagle-Vail, one or two loop laps in Beaver Creek/Bachelor Gulch, potentially a loop in Single Tree, or in the alternative, an “out and back” course from Avon to the Leadville area. Routes which have loops and laps in the Avon area create more opportunity for spectators to view the race but also create more traffic and road closure impacts. The out and back route minimizes traffic and road closures impacts to Avon, but also minimizes the direct visual exposure of Avon’s location for a majority of the race event. FINANCIAL CONSIDERATIONS: Financial considerations are very preliminary and rough at this time and will not be more defined until the race event route is determined, the extent of Host Town obligations are finalized, and the extent of complimentary events is determined. At this time, financial costs are estimated to be (1) approximately $30,000 value of in-kind staff time for coordination, use of public facilities, traffic control, safety and production of media and branding content; (2) potentially $2,000 - $5,000 in direct costs for trash, banners, signage, and miscellaneous expenses [NOTE: this is very general and undefined, but is likely to be more than $0]; and (3) potentially $5,000 for complimentary events, including junior bike event, children’s activities, beer garden, live music entertainment, etc. There is currently just over $167,000 in the Town’s Special Events fund Avon Town Council RE: Colorado Classic Town Participation Agreement Date: April 26, 2019 Page 2 of 2 which is currently not allocated. ECONOMIC RETURN: RPM Events anticipates that the race event organizers and staff will need 50 hotel rooms. It is not anticipated that the race event will draw a significant number of other visitors to Avon for overnight accommodations. It is expected that the event participants and organizers will depart Avon soon after the Stage 2 race is finished. Direct economic return is not expected to be substantial. The primary economic benefit is expected to be the broadcasting and media exposure in hosting a world class outdoor sporting event that supports Avon’s branding platform (i.e. it will promote putting Avon “on the map” for national and international pro bike race enthusiasts). COMMUNITY BENEFITS: The expected community benefits include hosting an event which invites world class female athletes to Avon, creates opportunities to locally support and celebrate a world class bike race event, creates event activation in Avon’s commercial core, and provides opportunities for complimentary local events. REQUESTED DIRECTION AND OPTIONS: Town Council is requested to provide direction on whether to proceed with the race event. Due to the expected direct costs of the race event, existing 2019 Budget appropriations for special events and available funds currently not allocated, Council can delegate to Town staff authority to negotiate, finalize and execute the Town Participation Agreement. Council can also request that the Town Participation Agreement come back to Council for review and approval on May 14, 2018. Council may also desire to designate two Council members to work with Town staff on the details of the Town Participation Agreement as well as the details of complimentary events. If Council believes the in-kind costs, direct costs, and disruption to the community with road closures outweighs the anticipated economic and community benefits, then Council should decline hosting this event. RECOMMENDATION: If Council believes that the Avon community will support, participate and celebrate the hosting of this event, then I recommend that the Town proceed with the Hosting Agreement. Specifically, based on my understanding of Vail’s experience last year, I do not anticipate substantial outside visitor attendance. Therefore, Avon should make every effort to promote, invite and involve the local community to attend and enjoy this event, including adding complimentary events that would attract local attendance. PROPOSED MOTIONS: OPTION 1: “I move to direct Town staff to proceed with the hosting of the Colorado Classic Stage 2: Avon bike race event, including negotiation and execution of the Town Participation Agreement and determining appropriate complimentary events for a total direct cost not to exceed $10,000.” OPTION 2: “I move to direct Town staff to proceed with negotiations for hosting of the Colorado Classic Stage 2: Avon bike race event, including negotiation of the Town Participation Agreement, and to schedule the Colorado Classic Town Participation Agreement (Stage 2: Avon) for Council consideration at its next regular meeting on May 14, 2018.” Thank you, Eric ATTACHMENT A: Colorado Classic Overview ATTACHMENT B: Colorado Classic Town Participation Agreement LINK TO PROMOTIONAL VIDEO: https://vimeo.com/325497324 August 22–25 2019 2019 Colorado Classic Opportunities #WE RIDE Empowering Women of all Ages and Abilities through Sport In 2019 the Colorado Classic will be one of the best professional women’s bike races in the World. Not in our eyes, but in the eyes of the participants, their support teams, their families and their fans. Over the 4-day race, we will initiate a celebration of empowerment through sport in each of the markets we engage, while providing a world-class experience for the female athletes and attendees of the events. Beyond the bike race we will provide programming and engagement opportunities that expand into the outdoors market, intellectual discussions, community events and healthy lifestyles. Success is when like minded communities come together to support, inspire, and celebrate each other. That is our Movement. That is our Mission. Empowering Women through Sport Competition Empowerment Health & Wellness North America’s only women’s standalone professional bike race, the Colorado Classic will feature over 100 world-class cyclists, and boasts one of the largest prize purses for any women’s race while also offering team stipends A women-lead speaker series that embodies the culture of “women supporting women” while starting conversations that drive actions, create awareness and inspire changes Signature events that bring the local communities together to celebrate health and wellness while harnessing the power and benefits of physical activity. Some examples of these events are: Open Streets Denver, Mayor’s Ride, Sunrise Yoga Sessions and Spinning Pop-ups A hand-picked gathering of health and wellness vendors showcasing their latest products and technologies, surrounded by local artisans and thoughtful food and beverage offerings Community Movement More than a Race. A Movement. A Break in the Mold A Catalyst for Change A Celebration of Movement A Curation of Health #WeRide Storytelling #WeRide Activations Women’s Advisory Board Influencer Network We will launch the HERoes Show on our Streaming Network running through August. Creating custom content around the Colorado Classic we will give the audience an “inside the sport” look at the female cyclist, her athletic preparation and the reality of her day- to-day. Editorial Calendar to be provided upon request Programs and events leading up to the race that are focused on engaging the local community around women empowerment in sport. These will take shape as women’s only rides, girls mountain bike demos, etc, with a goal to applaud and recognize women in sports and their #WeRide passion Complete calendar of activations to be provided upon request The Colorado Classic will align with key individuals and organizations to help advise and guide the construction of the movement; thus creating an ambassador program to help promote and elevate our programs and activations. Shannon Galpin, National Geographic Adventurer of the Year and global activist will lead this initiative. Some initial partners are the Women’s Foundation, Bicycle Colorado A comprehensive influencer program will engage both local and national social media influencers working to promote the Colorado Classic and the #WeRide movement. A selection of influencers will attend the event and promote their weekend engagements. #WeRide Movement Please contact Lucy Diaz at RPM Events Group for more information: ldiaz@rpmeventsgroup.com | 619-347-9230 Join the Movement COLORADO CLASSIC TOWN PARTICIPATION AGREEMENT (STAGE 2: AVON) This Colorado Classic Town Participation Agreement (hereinafter referred to as the “Agreement”) is entered into as of the ___ day of April, 2019 (the “Effective Date”), by and between RPM Events Group Colorado LLC, a Colorado limited liability company (“RPM”), and the Town of Avon (“Town”) a municipal corporation organized under the laws of the State of Colorado. RPM and Town are sometimes hereinafter collectively referred to as the “Parties” and individually as a “Party”. RECITALS WHEREAS, RPM has developed, owns and operates a multi-day, women’s cycling race known as the COLORADO CLASSIC (the “Event”), scheduled to take place in various locations in Colorado from August 22-25, 2019; WHEREAS, RPM has contracted Medalist Sports, LLC (“Medalist”) to assist with organizing and coordinating the Event; WHEREAS, Town wishes to acquire the rights and benefits of hosting the Host Town Stage (as defined herein) and to undertake all of the obligations related to such hosting, all in accordance with the terms and conditions of this Agreement and RPM wishes to grant such rights to Town in accordance with the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE, in consideration of the promises and covenants contained herein and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties hereby agree as follows: 1) Designation of Host Town and Location of Host Town Stage. RPM hereby grants to Town (the “Host Town”) the right to host Stage 2 (the “Host Town Stage”) of the Event and Host Town hereby agrees to host the Host Town Stage and to undertake and perform the Host Town Obligations (as defined herein), in accordance with the terms and conditions of this Agreement. The Host Town Stage is scheduled to occur in the town of Avon, Colorado, on Friday, August 23, 2019. The specific location of the Host Town Stage within Avon, Colorado (the “Host Town Location”) shall be mutually agreed upon by RPM and Host Town. 2) Term. The term of this Agreement shall begin on the Effective Date and, unless earlier terminated in accordance with the terms of this Agreement, shall terminate on September 30, 2019 (the “Term”). ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 2 3) Host Town Financial Obligations. In consideration of the agreement by RPM to provide the Host Town Benefits (as defined below) and to grant Host Town the right to host the Host Town Stage, Host Town shall provide the following a)Event Revenues. Host Town acknowledges and agrees that RPM shall be entitled to retain all revenues attributable to the Event, the Host Town Stage and the Host Town Stage Location, except as may be specifically set forth in Sections 3c and 8 of this Agreement. b) Expenses. Host Town shall be responsible for the entire cost and expense of undertaking and performing those Host Town Obligations listed in Section 4 of this Agreement and in otherwise discharging its obligations under this Agreement. c)Local Revenues. (1) Parking. Host Town may offer parking for spectators for the Host Town Stage. Host Town may retain all revenues from such parking and shall be responsible for all parking expenses. (2) Food and Beverage Concessions. Subject to certain VIP hospitality to be offered exclusively by RPM, Host Town may offer food and beverage concessions at the Host Town Stage Location for purchase. Host Town may retain all revenues derived from food concessions and shall be responsible for all expenses in connection with such concessions. 4) Host Town In-Kind Obligations. In consideration of the agreement by RPM to provide the Host Town Benefits (as defined below) and to grant Host Town the right to host the Host Town Stage, Host Town shall provide the following at no additional cost or expense to RPM and in accordance with the terms and conditions specified herein and in Exhibit A to this Agreement, attached hereto and incorporated herein by this reference (collectively, the “Host Town Obligations”): a)Organizational Structure. Host Town shall appoint one or more chairperson(s) to be responsible for performance of Host Town’s obligations under this Agreement. Such chairperson(s) shall be responsible for appointing/hiring individuals with sufficient, relevant experience to work on the Event during the Host Town Stage in the following areas (Host Town has the option to have one individual handle more than one responsibility): Technical/Production Director Media/PR Director Marketing Director Volunteer Director Sponsorship Director VIP Hospitality Director Expo, Ancillary Events and Ceremony Director b) Publicity and Promotion. Host Town shall use its best efforts to publicize the Event and the Host Town Stage through all local media, subject to the review and approval of RPM in its sole and absolute discretion. Host Town will cooperate ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 3 with RPM and its contractors in implementing RPM’s media and marketing plan, including, without limitation, accommodating television broadcasters and Event Sponsors. c)Auxiliary Space and Equipment for Event: Host Town shall provide the areas, premises and equipment designated on Exhibit A in accordance with the time frames and specifications set forth therein. d) Police Services: Host Town shall provide local police to work in coordination with the Colorado Highway Patrol, Colorado Department of Transportation, RPM and Medalist representatives and Host Town volunteers, to provide for safe road closures and course safety, fixed-post positions, traffic and crowd control and general public safety during the Host Town Stage. e)Permits: Host Town shall procure all local permits and pay all fees required to hold the Host Town Stage in the Host Town Location, including, but not limited to, special event permits, parking permits, road closure and use permits, alcohol permits/liquor license, and concession sales permits. f) EMS/EMT Services: Host Town shall provide emergency medical services and emergency medical technicians at the Host Town Stage Location to serve the general public on the day of the Host Town Stage. g) Waste Management/Trash Removal/Recycling: Host Town shall provide all waste management, trash removal and recycling services required at the Host Town Stage Location during the Host Town Stage, including, without limitation, post Host Town Stage cleanup following the conclusion of the Host Town Stage. h) Volunteers: Host Town shall recruit and train the number of volunteers designated on Exhibit A to assist local police and RPM and Medalist personnel with various functions, as determined by RPM and Medalist in their sole discretion. All volunteers shall be trained by Host Town to perform their assigned duties and services in a professional and highly competent manner, to the best and full limit of their abilities at all times and in accordance with the highest quality standards and all applicable laws, rules and regulations, including, without limitation, those established by Host Town, RPM and Medalist. All volunteers will be required to sign the “2019 Volunteer Waiver and Release of Liability, Assumption of Risk, Covenant Not to Sue, and Indemnity Agreement” form for the Event. i)Event Course Layout and Host Town Stage Location. Host Town shall assist RPM in obtaining a design and layout of that portion of Avon and Eagle County (if applicable) through which the Host Town Stage Race Course (the “Stage 2 Course”) shall run and shall provide access to and use of the Stage 2 Course without imposition of any site fees. j)Ambush-Free Zone. Host Town shall work with RPM to create a zone that consists of the Host Town Stage Location and a radius (to be determined by RPM in its sole and absolute discretion) around the Host Town Stage Location (the “Ambush-Free Zone”) that shall be free from temporary merchandise sales, ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 4 temporary advertising, and temporary signs and inflatable items. Nothing herein shall obligate Host Town to take any action relating to permanent retail establishments in the Ambush-Free Zone. k) Ambush Marketing. Host Town shall use its commercially reasonable efforts to: (1) minimize the “ambush marketing” of Event Sponsors (hereinafter defined) and Local Stage Sponsors (hereinafter defined) in and around the Town of Avon, Colorado and the Host Town Stage Location during the Event; (2) prevent Commercial Exploitation Rights (as hereinafter defined) identified with Host Town from being granted by any governmental agency to any entity that is not an Event Sponsor during the period commencing two (2) weeks prior to the first day of the Event and continuing through the Tuesday following the last day of the Event; and (3) prevent other Host Town-controlled and conflicting major sporting, civic or cultural events from being scheduled in the Town of Avon, Colorado during the week prior to, through the week following, the Event, unless such major sporting, civic or cultural events are approved in writing by RPM and under such conditions as RPM may specify, in RPM’s sole and absolute discretion. l) Event Sponsor Recognition. Host Town agrees that RPM shall have the right to feature Event Sponsors at the Host Town Stage Location and that RPM, in its sole and absolute discretion, shall determine the content and placement of the signage, recognition and visibility of such Event Sponsors. Host Town shall facilitate the recognition of such Event Sponsors. m) Sale of Merchandise. Host Town shall not, without the prior written consent of RPM, which may be withheld in RPM’s sole and absolute discretion, sell or offer any merchandise at the Host Town Stage Location during the Event other than that merchandise designated by RPM. n) Reference to Name of Event. Host Town shall refer to the Event by the exact name supplied by RPM from time-to-time, including any title or presenting sponsor identification (should title or presenting sponsorship rights be granted), and shall include, in all agreements that Host Town may enter into with third parties, a requirement that all third parties utilize the exact name for the Event supplied by RPM from time-to-time. o) Proposed Host Town Contracts. Host Town shall submit to RPM for prior review and approval, such approval not to be unreasonably withheld, denied or conditioned, all material contracts that Host Town proposes to enter into with respect to the obligations undertaken by Host Town in connection with the Event; and (2) Host Town’s organization of any Ancillary Events (as defined below). All such proposed Host Town contracts shall be subject to the terms of Section 9 of this Agreement. Notwithstanding anything to the contrary herein, Host Town shall not enter into and RPM shall have no obligation to approve, any contract that would conflict with or violate the terms of any exclusive rights granted by RPM to any third-party in connection with the Event, including, without limitation, any sponsor of the Event. ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 5 p) Guidelines and Amendments. All services and other activities required to be performed or provided by Host Town pursuant to this Agreement shall be performed or provided in compliance with all reasonable guidelines, standards, policies and directives (collectively, “Guidelines”) developed and issued by RPM from time to time. q) Promotion of Goodwill. Host Town shall conduct the activities contemplated by this Agreement in such a way as to promote the goodwill associated with the Event and the RPM Sponsors, and will not at any time disparage the name, reputation, or image of the Event, RPM or the Event Sponsors. r) Other Services. Host Town shall provide all those additional services and obligations set forth in Exhibit A, attached hereto. 5) Host Town Benefits. In consideration of full performance by Host Town of its obligations under this Agreement, RPM shall provide those benefits described in Exhibit B, attached hereto (collectively, the “Host Town Benefits”). Notwithstanding anything to the contrary herein, to the extent any of the Host Town Benefits consist of content produced or created by Host Town or a third party, RPM shall not be responsible or have any liability for such content. Host Town acknowledges and agrees that due to the nature of the Event, the type of Host Town Benefits offered, and the lack of control RPM has over third parties that may be facilitating or providing some aspect of the Host Town Benefits, RPM shall have the right to substitute any Host Town Benefits from time to time as it deems reasonably necessary with alternative benefit substantially equal in scope, quantity, duration and exposure, as determined by RPM in its sole discretion. 6) Credentials. RPM shall be responsible for producing all credentials for the Event, including the Host Town Stage and Host Town Stage Location and further including credentials for members of the media and operational personnel, which credentials shall be produced at the sole expense of RPM. RPM shall be responsible for all decisions regarding to whom media, VIP and operational credentials should be issued and shall establish all rules and regulations regarding media access to the Event, the Host Town Stage and the Host Town Stage Location. 7) Ancillary Events. Host Town may create, organize and present events ancillary to the Host Town Stage (collectively, “Ancillary Events”); provided, however, that RPM must approve all Ancillary Events in advance in writing, in accordance with Section 4(o), above. Host Town shall be responsible for all expenses of creating, organizing and presenting such ancillary events and shall indemnify RPM for any liability associated with such events. Host Town may retain all revenues generated by such ancillary events. 8) Local Sponsorships. Host Town acknowledges and agrees that RPM holds and retains superior rights to grant sponsorships for the Event, including, without limitation, title and presenting sponsors (collectively, the “Event Sponsors”). Notwithstanding the foregoing, RPM grants to Host Town the right to solicit and secure local sponsors to support the activities of Host Town in connection with the Host Town Stage, subject to the following terms and conditions: a) RPM Approval. All proposed Local Stage Sponsors (as defined below), including the proposed recognition and benefits to be provided to such sponsor, must be ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 6 presented to RPM for prior review and written approval, which approval may be withheld or conditioned in RPM’s sole and absolute discretion. b) Designation. Each sponsor secured by Host Town (a “Local Stage Sponsor”) shall be given the designation “Local Stage Sponsor.” A Local Stage Sponsor may not be referred to nor describe its involvement with the Host Town Stage as a sponsor of the Event. c)Local Sponsorship Guidelines. Local Stage Sponsor rights shall be subject to the following guidelines: (1) Sponsorship Priority. The title sponsor of the Event as well as all other sponsors of the Event designated by RPM shall have priority over and rights superior to that of any Local Stage Sponsor. (2) Submission of Materials to RPM. Host Town must submit all prospective sponsor lists and packages, art work, copy and designs to RPM for written approval in advance, which approval may be withheld in RPM’s sole and absolute discretion. (3) Use of Event Marks. Host Town has no authority to grant a sublicense to, and Local Stage Sponsors shall have no right to use the Event Marks at any time. (4) No Other Recognition. Local Stage Sponsors shall not receive any endorsements from individual athletes participating in the Event without such athlete’s prior written permission, nor will Local Stage Sponsors be guaranteed broadcast exposure of any type. 9) Required Clauses. Host Town shall include the following clauses in each and every contract or agreement that Host Town enters into in connection with this Agreement, the Event, or the Host Town Stage: a)Commercial Identification Prohibition. A clause providing that neither the party contracting with or providing goods or services to Host Town in connection with the Host Town Stage, the Event and/or Ancillary Events (each a “Contracting Party”), nor its affiliates, agents, representatives, employees, suppliers or subcontractors shall commercially exploit in any manner the nature of their transaction or the goods and/or services provided to Host Town for the Host Town Stage or the Event, including without limitation: (1) by referring to the transaction or the goods or services, Host Town, the Host Town Stage or the Event and/or Ancillary Events related thereto in any sales literature, advertisements, letters, client lists, press releases, brochures or other written, audio or visual materials; (2) by using or allowing the use of the Event Marks or any other service mark, trademark, copyright or trade name now or which may hereafter be owned or licensed to signify the Event in connection with any service or product; or (3) by otherwise disclosing their affiliation with Host Town or the Host Town Stage or the Event and/or Ancillary Events related thereto for a commercial purpose. ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 7 b) Clearances and Licenses. A clause providing that the Contracting Party is responsible for providing all clearances, licenses, permissions and consents (including without limitation all music clearances, synchronization rights, union and guild fees and the like) as may be necessary for the party to perform its contractual obligations with regard to all such events, to the extent permitted by RPM, in any and all media and in any and all forms, whether now known or hereafter developed. c) Indemnification. A clause providing that the Contracting Party shall release, indemnify, defend and hold harmless RPM, Medalist Sports, the State of Colorado, Union Cycliste Internationale (“UCI”), and all Event Sponsors, and their respective parent, subsidiary, and affiliated companies and each of their respective shareholders, members, trustees, partners, officers, directors, agents, volunteers, employees, and other representatives (collectively, the “RPM Parties”) from and against any claims, demands, damages, liabilities, lawsuits, losses or expenses, including without limitation, interest, penalties, reasonable attorney’s fees, and all amounts paid in the investigation, defense or settlement of any or all of the foregoing (“Claim” or “Claims”) resulting from, arising out of or in connection with the Contracting Party’s actions and/or inactions related in any way to such contract. d) Compliance with Law. A clause providing that the Contracting Party shall comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal or promulgated by other agencies or bodies having or claiming jurisdiction) applicable to the performance of such party’s obligations to Host Town. e) Exculpation Clause. A clause providing that the Contracting Party shall look solely to the assets of Host Town for any recourse and shall fully release RPM and the RPM Parties from any damages, loss or liability. f) Insurance. A clause providing that the Contracting Party shall maintain, at no cost to RPM or the RPM Parties, appropriate insurance coverage for Claims arising out of the Contracting Party’s operations, personnel, products and services. All such insurance provided by each Contracting Party shall (1) be primary to and non- contributory with any insurance maintained by Host Town, RPM and the RPM Parties; (2) be written by insurance companies with ratings of “A” or better in the latest edition of the A.M. Best key rating guide; and (3) provide that coverage may not be materially changed, reduced or cancelled unless thirty (30) days prior written notice thereof is furnished to Host Town and RPM. All liability policies shall be endorsed to name Host Town, RPM, Medalist and the RPM Parties as Additional Insureds, and shall include a waiver of subrogation in favor of the Additional Insureds. Each Contracting Party shall be solely responsible for the costs of all deductibles under such policies and shall remain solely and fully liable for the full amount of any Claims not covered by insurance. Each Contracting Party shall provide Host Town and RPM with certificates of insurance certifying that the appropriate insurance, as described in Section 22b below, is in place and that the policies have been properly endorsed to meet the insurance requirements. ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 8 10) Licenses to Use Marks. a) Event Marks. (1) Acknowledgements Regarding Event Marks. Host Town acknowledges RPM retains the rights to sell title and presenting sponsorships in and to the Event and, in such event, to incorporate the name and/or marks of such title and/or presenting sponsor into the Event Marks or to develop new marks and logos for the Event, acknowledging such title and/or presenting sponsor’s relationship with and support for the Event. Host Town acknowledges the foregoing and that the term “Event Marks” as used herein may also refer to the Event Marks as such may be expanded to include the name and/or marks of a title and/or presenting sponsor of the Event. Upon being advised by RPM of a change to the Event Marks in the event of a sale of title or presenting sponsorships, Host Town agrees to utilize the updated Event Marks with the name and/or marks of a title and/or presenting sponsor, all as designated by RPM. (2) License to Use Event Marks. RPM hereby grants to Host Town a limited non-exclusive license to use the name, logos, trademarks, service marks, designs, product and service identification, artwork and other symbols and distinctive indicia associated with the Event and identified in Exhibit “B” hereto (the “Event Marks”) during the Term of this Agreement, in accordance with the terms of this Agreement and the Event Marks Guidelines set forth in Section 9a(6) herein below, solely at or in connecting with the site of the Host Town Stage, including the Host Town Stage Location. The foregoing license is subject to the right of RPM to review and approve in advance all such uses of the Event Marks. Host Town shall have no right to assign, license or “pass-through” rights to use the Event Marks to any other person or entity. In exercising this license to use the Event Marks and in each and every reference to the Event, Host Town shall utilize the Event Marks and the exact name of the Event designated by RPM, which shall include the name of any title and/or presenting sponsor. The Parties acknowledge and agree that, upon the expiration or termination of the Term of this Agreement, Host Town shall cease to use the Event Marks. (3) License Does Not Extend to Merchandise. Host Town shall not manufacture or sell, or license the manufacture or sale of, any promotional or other merchandise which bears the Event Marks. (4) Acknowledgements Regarding Goodwill. Host Town acknowledges the great value of goodwill associated with the Event Marks. Host Town acknowledges that the goodwill attached to the Event Marks belongs exclusively to RPM. Host Town agrees that any and all goodwill and other rights that may be acquired by the use of the Event Marks by Host Town shall inure to the benefit of RPM. (5) No Disparagement by Host Town. Host Town will not, at any time, disparage, dilute or adversely affect the validity of the Event Marks or take any action, or otherwise suffer to be done any act or thing which may at any time, in any way materially adversely affect any rights of RPM in or to the Event Marks, or any registrations thereof or which, directly or indirectly, may materially reduce the value of the Event Marks or detract from their reputation. This section shall not be interpreted to preclude any action or proceeding by Host Town to enforce or defend its rights under this Agreement and shall not preclude Host Town or its representatives from communicating ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 9 information, which Host Town reasonably determines to be factually accurate, pertaining to the Event, its organizers or sponsors. (6) Event Marks Guidelines. Any use of the Event Marks during the Term shall be further subject to the following conditions and limitations (collectively, the “Event Marks Guidelines”): (a) The Event Marks shall be used in accordance with the Graphics Standards Manual, published by RPM from time-to-time; (b) Host Town shall not use the Event Marks in any manner that is misleading or that reflects unfavorably upon the reputation of the Event, RPM, the State of Colorado or any competitor in the Event or in any manner that is contrary to applicable laws and regulations, including, without limitation, those relating to truth in advertising and fair trade practices; (c) Host Town shall not (i) permit any tradename or mark of a third party to appear in conjunction with Host Town’s materials that display any of the Event Marks; or (ii) participate with any third party in a promotion using the Event Marks or permit the Event Marks to be used in a manner that could be reasonably interpreted as a promotion or endorsement of a third party’s products or services; (d) Host Town shall not use the Event Marks without the appropriate trademark or copyright designation as required by RPM; (e) Host Town acknowledges that its selection to host the Host Town Stage is not based upon the results of any quality comparison between Host Town and any other municipality within the State of Colorado, and agrees that it shall not represent otherwise to any third party or use the expressions “selected,” “approved,” “warranted,” “preferred,” or “consented to” by the Event or any similar endorsement; (f) Host Town shall not use the license granted under this Agreement in any comparative advertising; and (g) Host Town shall not, after the expiration or termination of this Agreement, use any slogan or graphic device that was developed for use in conjunction with the Event Marks if such slogan or graphic device implies an ongoing association with the Event. (h) Host Town shall cooperate with RPM in preventing unauthorized use of the Event Marks. Host Town, in conjunction with appropriate governmental entities, will help to identify and communicate information to RPM regarding unauthorized use of the Event Marks, including but not limited to, sales or distribution of unlicensed merchandise. The decision to pursue civil legal action or settle claims against an unauthorized user of the Event Marks or against a seller or distributor of unlicensed merchandise will be at the sole discretion of RPM. (i) ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 10 b) Host Town Marks. (1) License to Use Host Town Marks. Host Town hereby grants to RPM a limited non-exclusive license to use the name, logos, trademarks, service marks, designs, product and service identification, artwork and other symbols and distinctive indicia of Host Town and identified in Exhibit “C” attached hereto (the “Host Town Marks”) during the Term of this Agreement in accordance with the terms of this Agreement and the Host Town Marks guidelines in accordance with Section 9b(2) of this Agreement, specifically to provide Host Town with the Host Town Benefits. The foregoing license is subject to the right of Host Town to review and approve in advance all such uses of the Host Town Marks. RPM shall have no right to assign, license or “pass-through” rights to use the Host Town Marks to any party, except as necessary to fulfill its obligations set forth in this Agreement. The Parties acknowledge and agree that, upon the expiration or termination of the Term of this Agreement, RPM shall discontinue any use of the Host Town Marks and RPM may continue to use the Event Marks. (2) Host Town Marks Guidelines. RPM shall utilize the Host Town Marks pursuant to the license granted herein in accordance with those graphics standards supplied by Host Town to RPM in writing from time-to-time. 11)Trademarks. a)Event Marks. (1) The Event Marks, specifically including but not limited to the words “Colorado Classic”, are and shall remain the property of RPM and RPM shall take all steps reasonably necessary to protect such Event Marks, which steps may include registrations through the United States Patent and Trademark Office (“PTO”) and foreign registrations, as it deems desirable and through reasonable prosecution of infringements. (2) The rights licensed by RPM to Host Town with respect to use of the Event Marks shall convey license rights only and shall convey no rights of ownership in or to the Event Marks. (3) RPM represents and warrants that it has the right to use the Event Marks, specifically including but not limited to the words “Colorado Classic,” and to license the use of the Event Marks to Host Town as set forth in Section 9a of this Agreement. (4) Host Town acknowledges RPM shall own all right, title and interest in and to the Event Marks. RPM shall have the right to take all steps reasonably necessary to protect the Event Marks through appropriate state and PTO registrations and such foreign registrations as it deems desirable and through reasonable prosecution of infringements. RPM shall be the record owner of all such registrations for the Event Marks. Host Town shall cooperate as reasonably necessary to assist RPM in obtaining such trademark protection and in prosecuting any alleged infringements of the Event Marks. ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 11 b) Host Town Marks. (1) The Host Town Marks are and shall remain the property of Host Town and Host Town shall take all steps reasonably necessary to protect such Host Town Marks through state, PTO and foreign registrations as it deems desirable and through reasonable prosecution of infringements. (2) Host Town represents and warrants that it has the right to use the Host Town Marks and to license the use of the Host Town Marks to RPM for use in connection with the Event and to provide the Host Town Benefits. (3) The rights granted to RPM by Host Town with respect to use of the Host Town Marks shall convey license rights only and shall convey no rights of ownership in or to the Host Town Marks. 12) Merchandising. The Parties acknowledge and agree that RPM shall be the sole licensor of all Event-related merchandise bearing the Event Marks and/or otherwise relating to the Event in any way (the “Event-Related Merchandise”). Host Town shall have the right to purchase Event-Related Merchandise from the licensee for such Event- Related Merchandise at amounts to be agreed upon by and among RPM, Host Town and such licensee, but shall have no right or license to manufacture or distribute Event- Related Merchandise or any other merchandise bearing the Event Marks. 13) Approvals. a) Host Town shall submit to RPM for its prior written approval, which may be withheld or conditioned in RPM’s sole and absolute discretion, all proposed uses of the Event Marks that Host Town wishes to make pursuant to the limited license granted to Host Town in this Agreement, including but not limited to submission of representative samples of all advertising, promotional and other materials to be used in connection with Host Town’s products and services as well as any premiums that Host Town may wish to use containing the Event Marks. If Host Town’s request is not responded to by RPM within ten (10) business days after RPM has received the material from Host Town, Host Town shall provide written notification to RPM of such fact and Host Town agrees that any such proposed materials shall be deemed denied if Host Town’s request is not responded to within five (5) business days following RPM’s receipt of such written notice. Host Town shall not distribute any material without the prior written approval of RPM. b) Host Town shall supply free of charge to RPM for administrative and archival purposes two (2) originals of all advertising, promotional or other materials in connection with the products and services to be used by Host Town in connection with the licenses granted under this Agreement. c) All requests for approval, including representative samples of all advertising, promotional and other materials, shall be sent to RPM at the address for notices under this Agreement to the attention of the individual designated to receive notices for RPM. ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 12 14)Broadcast and Media Rights; Other Commercial Exploitation of Event. As between Host Town and RPM, RPM controls all rights to distribute, promote, market and otherwise commercially exploit the Event and the Host Town Stage by means of any and all audio, visual and audiovisual media of all types, including but not limited to television, radio, Internet, print and wireless devices, as well as with respect to sponsorship, licensing, hospitality, merchandising, and other marketing rights with respect to the Event (“Commercial Exploitation Rights”), and Host Town will not purport to grant or license any such Commercial Exploitation Rights to a third party without the prior express written approval of RPM. 15)Ownership and Protection of Intellectual Property. a)Ownership of Intellectual Property. (1) Subject to the terms of Sections 10 and 11of this Agreement, each Party shall own all right, title and interest in and to all intellectual property created by or on behalf of such Party in connection with this Agreement, including without limitation, all logos, names, ideas, concepts, creative materials, promotional materials, advertising and graphics, including all copyrights and proprietary rights therein, and any inventions and discoveries first conceived or developed by the Party in connection with its performance under this Agreement, whether or not protected by patent, trade secret or copyright, subject to the ownership rights of the other Party to such other Party’s trademarks to the extent that such are incorporated into such intellectual property (such property being collectively referred to as the “Intellectual Property”). That Intellectual Property which has been or will be created by or on behalf of Host Town is referred to as the “Host Town Intellectual Property” and that Intellectual Property which has been or will be created by or on behalf of RPM is referred to as the “Colorado Classic Intellectual Property.” (2) Notwithstanding the foregoing, the Parties acknowledge and agree that the Event Marks and the distinctive colors, concepts, indicia and look displayed by RPM throughout the Event and by RPM in its regular business operations and materials shall constitute Colorado Classic Intellectual Property and therefore be owned by RPM. Host Town expressly acknowledges that the Parties have agreed that all copyrightable aspects of the Colorado Classic Intellectual Property are to be considered “works made for hire” within the meaning of the Copyright Act of 1976, as amended (the “Act”), of which RPM is to be the “author” within the meaning of the Act. All such copyrightable works, as well as all copies of such works in whatever medium fixed or embodied, shall be owned exclusively by RPM as its creation, and Host Town expressly disclaims any interest in any of them. Host Town expressly acknowledges that it is not a joint author and that the Colorado Classic Intellectual Property and all other work created by RPM hereunder are not joint works under the Act. (3) In the event (and to the extent) that any Colorado Classic Intellectual Property or any part or element thereof is found as a matter of law not to be “work made for hire” within the meaning of the Act, Host Town hereby conveys and assigns to RPM the sole and exclusive right, title and interest in the ownership to all such Colorado Classic Intellectual Property, and all copies of it, without further consideration, and agrees to assist RPM’s efforts to register, and from time to time to enforce, all patents, copyrights, and other rights and protections relating to the Colorado Classic ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 13 Intellectual Property in any and all countries. To that end, Host Town agrees to execute and deliver all documents requested by RPM to evidence any assignment as well as otherwise in connection therewith. (4) Host Town understands that the term “moral rights” means any rights of paternity and integrity, including any right to claim authorship of a copyrightable work, to object to a modification of such copyrightable work and any similar right existing under the judicial or statutory law of any country or under any treaty, regardless of whether or not such right is referred to as a “moral right,” including, without limitation, the rights of attribution and integrity in works of visual art pursuant to 17 U.S.C. § 106A. Host Town irrevocably waives and agrees never to assert any moral rights Host Town may have in the Colorado Classic Intellectual Property, even after any termination or expiration of this Agreement. (5) The Parties agree to affix appropriate copyright and trademark notices as reasonably designated by the other, together with their own notices as appropriate, on the Colorado Classic Intellectual Property to identify RPM as the owner of the Colorado Classic Intellectual Property and Host Town as the owner of the Host Town Marks. b) Protection of Intellectual Property. (1) Host Town acknowledges that it has no right, title or interest in the Event Marks and that nothing in this Agreement shall be construed as an assignment to Host Town of any right, title or interest in the Event Marks, except the license to use of the Event Marks as provided in this Agreement. (2) Host Town agrees that RPM shall have the sole right to determine whether any action should be taken to terminate unauthorized use of the Event Marks or to settle any proceeding brought by RPM to terminate such unauthorized use. All proceeds from any enforcement action shall belong exclusively to RPM. (3) RPM and Host Town agree to assist each other in the defense of any proceeding or claim with respect to the use of any Event Marks by Host Town in accordance with the terms of this Agreement. RPM agrees to defend, at its expense, any such proceeding or claim on behalf of Host Town. Host Town shall be permitted to retain, at its expense, separate counsel in such defense. 16) Reservation of Rights. RPM reserves all rights not expressly licensed to Host Town under this Agreement. Any and all rights of RPM, including those in and to the Event and the Event Marks, not expressly granted to Host Town under this Agreement are reserved to RPM and may be exercised, marketed, exploited or disposed of by RPM concurrently with the Term of this Agreement in such form and manner as RPM wishes. Host Town acknowledges and agrees that this Agreement does not convey or grant to Host Town any rights of ownership in or management of the Event, RPM or the Event Marks. ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 14 17) Representations and Warranties. a) By RPM. RPM represents and warrants that: (1) It has the full right, power and legal authority to enter into and fully perform this Agreement in accordance with its terms; to its knowledge there are no other agreements that will interfere with its full performance hereunder; and it will fully comply with all federal, state and local laws, rules and regulations applicable to the day- to-day conduct of its business and to its obligations and performances hereunder; and (2) To its knowledge, the Event Marks do not infringe the trademarks or other proprietary rights of any other person or entity; b) By Host Town. Host Town represents and warrants that: (1) Host Town has the full right, power and legal authority to enter into and fully perform this Agreement in accordance with its terms without violating the rights of any other person, that there are no other agreements or commitments, oral or written, that will interfere with its full performance hereunder and that it will fully comply with all federal, state and local laws, rules and regulations applicable to the day- to-day conduct of its business and to its obligations and performances hereunder; (2) Host Town owns or has the authority to grant to RPM a license to use the Host Town Marks; (3) The Host Town Marks do not infringe the trademarks or other proprietary rights of any other person or entity. 18) Indemnification. a) By RPM. RPM shall indemnify, defend and hold harmless Host Town, its affiliates, and their respective officers, directors, partners, shareholders, members, agents, employees, and other representatives, from and against any and all Claims arising out of, based on or in any other manner related to: (1) any negligent act, negligent omission or willful conduct by RPM; and (2) any Claim that the Event Marks infringe upon any patent, copyright, trademark, trade secret or any other right of a third party. b) By Host Town. Host Town shall indemnify, defend and hold harmless RPM, Medalist, the State of Colorado, UCI, and Event Sponsors, and their respective parent, subsidiary and affiliated companies, and each of their respective officers, directors, partners, trustees, shareholders, members, agents, employees, volunteers and other representatives (collectively, the “RPM Indemnified Parties”), from and against any and all Claims arising out of, based on or in any other manner related to: (1) the breach of any representation, warranty, material covenant or obligation of Host Town under this Agreement; (2) any negligent act, negligent omission or willful conduct by Host Town; (3) the products, services, and other deliverables provided by Host Town and its employees, volunteers, agents, representatives and contractors in carrying out its obligations under this Agreement, provided, however, that Host Town shall not be responsible for indemnification resulting from road conditions of State of Colorado maintained highways and roads; (4) any Claim arising from the Host Town Obligations ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 15 or the Host Town Benefits under this Agreement, including but not limited to any parking, food and beverage concessions, Ancillary Events or local sponsorships organized by Host Town, except to the extent caused by the gross negligence or willful misconduct of RPM; (5) any and all Claims arising out of any contract or agreement entered into by Host Town in connection with the Event or the Host Town Stage; (6) any advertiser’s liability or other claim arising out of or in connection with the unauthorized use by Host Town of the Event Marks, including but not limited to any claim based upon an allegation of sponsorship or guaranty by RPM of Town; (7) a claim that the Host Town Marks infringe upon any patent, copyright, trademark, trade secret or any other right of a third party; and (8) the failure or alleged failure by Host Town to comply with all laws relating to labor relations, fair employment practices, safety and similar rules and regulations, including without limitation, the requirement of the Occupational Safety and Health Act (OSHA) of 1970 and with all Equal Employment Opportunity (EEO) provisions as required by law, regulation or executive order. Notwithstanding the foregoing, this indemnification shall not extend to or include any claims, damages, suit or attorney fees arising out of any claim or allegation that any of the routes, roads, trails or other parts of the Event course were negligently designed or selected. Prior approval by RPM of the use of the Event Marks or other matters as to which RPM approval is required under this Agreement shall not affect RPM’s right to indemnification as to such usage. c) Procedure Regarding Indemnification. Each Party shall give the other Party prompt written notice of any Claim coming within the scope of any indemnity expressly set forth in this Agreement. Upon written request of any indemnitee, the indemnitor will assume defense of any such Claim, action or proceeding. The indemnitee shall cooperate with the indemnitor in the investigation, defense and/or settlement of any such Claim. The indemnification obligations in this Section 18 shall survive the expiration and/or termination of this Agreement. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT OR OTHERWISE, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 19) Termination. a) Default. Either Party may terminate this Agreement, at its option, upon written notice to the other Party, upon the occurrence of one or more of the following events (the “Termination Events”): (1) Material breach of any covenant, agreement, representation, warranty, term or condition of this Agreement, if such breach has not been waived in writing or if such breach is not cured or remedied by the breaching Party to the other Party’s reasonable satisfaction within thirty (30) days after delivery of written notice to the breaching party specifying the nature of the breach, or if the Parties agree that the breach is not capable of being cured or remedied within said thirty (30) days, then within the time period mutually agreed to by the Parties in a jointly approved plan of corrective action developed within thirty (30) days after the delivery of written notice to the breaching Party specifying the nature of the breach; ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 16 (2) A Party becomes insolvent, fails to pay its debts or perform its obligations in the ordinary course of its business as they become due, admits in writing its insolvency or inability to pay its debts or perform its obligations as they become due, or becomes the subject of any voluntary or involuntary proceeding in bankruptcy, liquidation, dissolution, receivership or general assignment for the benefit of creditors, provided that, if such condition is assumed involuntarily, it has not been dismissed with prejudice within sixty (60) days after its commencement; or (3) A Party is the subject of public controversy of such a magnitude that such Party’s association with the other Party pursuant to this Agreement creates a negative association for such other Party, in the reasonable judgment of such other Party, in which case the other Party may terminate this Agreement without cost or penalty. (4) By RPM, in the event that, in its sole discretion, the Event as a whole, or the inclusion of the Host Town Stage in the Event, is no longer economically feasible. b) Effect of Termination. Should either Party terminate this Agreement as a result of a Termination Event set forth in Section 19a above, then upon termination of this Agreement Host Town’s Host Town Benefits shall terminate and Host Town shall cease using the Event Marks. In addition, should such termination result from a termination notice given by Host Town to RPM from occurrence of a Termination Event of the type set forth in Sections 19a(1) or (2) above, RPM shall repay to Host Town all amounts actually expended by Host Town in performing its obligations hereunder; provided, however that in no event shall RPM be liable for amounts in excess of Ten Thousand Dollars and no/100 ($10,000) in the aggregate. Should termination result from a termination notice given by RPM to Host Town from occurrence of a Termination Event of the type set forth in Sections 19a(1) or (2) above, Host Town shall repay to RPM all amounts expended by RPM in granting to Host Town the right to host the Host Town Stage, to provide the Host Town Benefits, and to relocate the site for the Host Town Stage. 20) Independent Contractors. The relationship created by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be deemed or construed as creating any partnership, joint venture, employment relationship, agency or other relationship between the parties or to make RPM liable for the debts or obligations of Host Town. Neither Party shall have any authority to contract for or bind the other Party in any manner and neither Party shall represent itself as the agent of the other. 21) Compliance with Laws. Host Town shall, at all times during the Term, comply with all Federal, State and local laws, rules and regulations and all reasonable directives from RPM and Medalist. 22) Insurance. a. RPM Provided Insurance. Throughout the Term of this Agreement (including any extensions thereof), RPM shall provide and maintain, at its expense, the following insurance policies which shall protect the RPM Parties on a primary basis from ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 17 any and all Claims arising out of, in connection with or with respect to the staging of the Event and the obligations of RPM pursuant to this Agreement: (1) Event Liability insurance (inclusive of commercial general liability) with limits not less than $1,000,000 each occurrence and $2,000,000 in the aggregate; (2) Auto Liability & Physical Damage insurance covering Claims arising out of the use, operation or maintenance of any vehicle (whether owned, non- owned, leased, hired or borrowed) by RPM, with limits not less than $1,000,000 each accident combined single limit for bodily injury and property damage (3) Workers’ Compensation insurance covering RPM’s employees with limits as required by statutory law, including Employer’s Liability coverage with limits not less than $500,000 each accident, $500,000 disease-each employee and $500,000 disease-policy limit; (4) Umbrella and/or Excess Liability insurance with limits not less than $5,000,000 each occurrence shall apply in excess of and on a following form basis to the primary Commercial General Liability, Automobile Liability and Employer’s Liability policies; and (5) Any other insurance necessary and appropriate for the staging of the Event as determined by RPM. All such insurance to be maintained by RPM shall be (1) primary with respect to Claims arising out of the RPM’s staging of the Event and the obligations of RPM pursuant to this Agreement; and (2) shall be written by insurance companies with ratings of “A” or better in the latest edition of the A.M. Best key rating guide. RPM shall not allow coverage to be materially changed, reduced or cancelled unless thirty (30) days prior written notice thereof is furnished by RPM to Host Town. The policies described in Sections 22a(1), (2) and (4) above shall be endorsed to name Host Town as an Additional Insured with respect to the negligent acts or omissions of RPM. At least 15 days prior to the first day of the Event, RPM shall provide Host Town with a certificate of insurance certifying that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements as set forth above. b. Host Town Provided Insurance. Throughout the Term of this Agreement (including any extensions thereof), Host Town shall provide and maintain, at its expense, the following insurance policies (or in the event Host Town is self-insured, a program of insurance), which shall protect Host Town, RPM, Medalist and the RPM Parties on a primary basis from any and all Claims arising out of or in connection with Host Town’s activities, operations, representations and warranties, rights, obligations and duties pursuant to this Agreement: ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 18 (1) General Liability insurance with limits not less than $1,000,000 each occurrence and $2,000,000 in the aggregate. Such insurance shall include coverage for contractual liability, products-completed operations, personal and advertising injury, premises damage, legal liability, liquor liability (if applicable), property damage and bodily injury liability (including death); (2) Auto Liability & Physical Damage insurance covering Claims arising out of the use, operation or maintenance of any vehicle (whether owned, non- owned, leased, hired or borrowed) by Host Town, with limits not less than $1,000,000 each accident combined single limit for bodily injury and property damage; (3) Workers’ Compensation insurance covering Host Town’s employees with limits as required by statutory law, including Employer’s Liability coverage with limits not less than $500,000 each accident, $500,000 disease-each employee and $500,000 disease-policy limit; (4) Umbrella and/or Excess Liability insurance with limits not less than $3,000,000 each occurrence shall apply in excess of and on a following form basis to the primary Commercial General Liability, Automobile Liability and Employer’s Liability policies (this requirement may be satisfied with policies providing a $3,000,000 single limit); (5) Any other insurance necessary and appropriate for covering Host Town’s activities, operations, representations and warranties, rights, obligations and duties pursuant to this Agreement. All such insurance to be maintained by Host Town shall be primary to and non- contributory with any insurance maintained by RPM and the RPM Parties. Host Town shall provide written notice to RPM if coverage is materially changed, reduced or cancelled prior to event. The policies described in Sections 22b(1), (2), and (4) above shall be endorsed to name RPM and the RPM Indemnified Parties (as defined in Section 17b of this Agreement) as Additional Insureds with respect to the negligent acts or omissions of Host Town. The policies described in Sections 22b(1), (2), (3), and (4) shall also include a waiver of subrogation in favor of the Additional Insureds. At least 15 days prior to the first day of the Event, Host Town shall provide RPM with a certificate of insurance certifying that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements as set forth above. 23) Force Majeure. In the event that the Event does not take place, in whole or in part, due to an Act of God, accident, fire, labor dispute, riot or civil commotion, severe weather, act of public enemy, governmental act, regulation or rule, failure of technical facilities (other than as a result of the negligence of that Party) or because of a day of national mourning, or any other reason beyond the control of either Party (each a “Force Majeure Event”) whether such Force Majeure Event has occurred in a location through which the Event course runs or not, then RPM shall have no further obligation, financial or otherwise, to Host Town and Host Town shall have no further obligation to RPM in ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 19 connection with the Event. In the event that the Event is postponed in whole or in part due to a Force Majeure Event and RPM intends to reschedule the Event, RPM and Host Town shall discuss in good faith the terms under which such rescheduling should occur. 24) Cancellation or Postponement of Event for Reason Other than Force Majeure. RPM shall have the sole and unfettered right to cancel or postpone the Event or the Host Town Stage. In such event, Host Town acknowledges and agrees that RPM shall have no financial responsibility to Host Town as a consequence of such cancellation or postponement. Upon providing notice of cancellation or postponement, RPM shall have no further obligation to provide Host Town with any of the Host Town Benefits as set forth in this Agreement. In the event of cancellation of the Event due to a Force Majeure Event, the rights and obligations of RPM and Host Town set forth in this Section 24 shall be the sole and exclusive remedy of the Parties. Upon providing notice of cancellation pursuant to this Section 24, RPM shall have no further obligation to provide Sponsor with any of the Host Town Benefits. 25) Arbitration. The Parties agree that any dispute between them arising out of, based upon, or relating to this Agreement, shall be resolved exclusively by arbitration conducted in accordance with the Commercial Rules then in effect of the American Arbitration Association. Such arbitration shall be held in Denver, Colorado. Judgment upon the award rendered shall be final and non-appealable and may be entered in a court having jurisdiction. Each Party shall bear its own expenses arising out of any such proceeding, except that the fees and costs of any arbitrator(s) shall be borne equally by the Parties. Notwithstanding the obligations set forth in this section, RPM shall be permitted to seek equitable relief to prevent the unauthorized uses of the Event Marks and to enforce specific performance as set forth in Section 25. 26) Specific Performance. The duties, obligations and responsibilities of the Parties under this Agreement are unique, and, therefore, the Parties agree that monetary damages will not be an adequate remedy for breach of this Agreement. The Parties acknowledge and agree that, in the event of a breach by Host Town, RPM will suffer irreparable harm. Therefore, RPM shall be entitled to the remedy of specific performance, which shall not be the exclusive remedy for any violation or breach of this Agreement. 27) General. a) Assignment. Host Town may not assign any rights or obligations under this Agreement or this Agreement itself, in whole or in part, without the prior express written consent of RPM. b) Notices. Except as expressly provided to the contrary herein, any notice, consent, report, document or other item to be given, delivered, furnished or received hereunder shall be deemed given, delivered, furnished and received when given in writing and personally delivered to and received by an officer or designated employee of the applicable Party, seventy-two (72) hours after the same is deposited in the United States mail, postage prepaid, registered or certified first class mail, return receipt requested, addressed as set forth below, or to such other address as either of the Parties shall advise the other in writing as set forth in this section 26b. ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 20 To Host: Town of Avon 100 Mikaela Way Avon, CO 81620 Attn.: _________________________ To RPM: RPM Events Group Colorado LLC 299 Milwaukee Street, Suite 215 Denver, CO 80206 Attn: Ken Gart, CEO c) Entire Agreement; Modifications. This Agreement constitutes the entire agreement of the Parties hereto pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the Parties with respect to the subject matter hereof. This Agreement may not be modified, amended or supplemented or otherwise changed, except by a written document executed by an authorized representative of each of the Parties hereto. d) No Waiver of Rights and Breaches. No failure or delay of any Party in the exercise of any right given to such Party hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. The waiver by a Party of any default of the other Party hereunder shall not be deemed to be a waiver of any such subsequent default or other default of the Party. Any such waiver must be in writing, signed by the Party to be charged with the waiver. e) Captions. Section headings used in this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement. f) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and authorized assigns. g) Governing Law. This Agreement shall be deemed to be a contract made under the laws of the State of Colorado and for all purposes governed by and construed in accordance with the laws of the State of Colorado without regard to conflict of laws principles. Any dispute involving or arising under this Agreement shall be brought in the state courts located in Denver, Colorado or in the United States District Court for the District of Colorado, and the Parties expressly waive any objections to venue in the State of Colorado. THE PARTIES HEREBY WAIVE THE RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE ARISING OUT OF THIS AGREEMENT. h) Construction of Agreement. Each Party acknowledges that it has participated in the negotiation of this Agreement and that no provision of this Agreement shall be construed against or interpreted to the disadvantage of any Party hereto by any court or other governmental or judicial authority by reason of such Party having or deemed to have structured, dictated or drafted such provision. ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 21 i) Survival. Those covenants, acknowledgments, representations, agreements and obligations contained in Sections 10a(4), 10a(5), 10a(6)(g), and 14-18 of this Agreement, along with any other provisions which by their nature or language would survive, shall survive the expiration and/or termination of this Agreement. j) Compliance with Law, Rules and Regulations. The Parties agree to comply with all federal, state and local laws, ordinances, orders, rules and regulations applicable to the performance of their respective obligations under this Agreement, both now existing and as such may hereinafter be adopted. k) Time of Essence. The Parties agree that time is of the essence in performing obligations under this Agreement. l) Exhibits. The documents attached hereto as exhibits are incorporated by reference herein and made a part of this Agreement as if fully set forth herein. In the event there is a conflict between any Exhibit to this Agreement and this Agreement, the terms of this Agreement shall control. m) Severability. The determination that any provision of this Agreement is invalid or unenforceable shall not invalidate this Agreement, all of such provisions being inserted conditionally upon their being considered legally valid, and this Agreement shall be construed and performed in all respects as if such invalid or unenforceable provision(s) were omitted. n) Further Assurances. The Parties agree to execute and deliver, or cause to be executed and delivered, such instruments and documents as either Party may reasonably request or require to carry out more effectively the purpose and intent of this Agreement. o) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. p) No Third Party Beneficiaries. It is expressly understood that there are no third party beneficiaries to this Agreement. signatures on following page ATTACHMENT B: TOWN PARTICIPATION AGREEMENT 22 IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement on their respective behalf, all as of the day and year first above written. RPM: RPM Events Group Colorado, LLC By: ______________________ Name: Ken Gart Title: CEO HOST TOWN: Town of Avon By: _________________________ Name: ____________________ Title: ___________________ ATTACHMENT B: TOWN PARTICIPATION AGREEMENT EXHIBITS A Host Town Obligations B Host Town Benefits C Event Marks D Host Town Marks ATTACHMENT B: TOWN PARTICIPATION AGREEMENT EXHIBIT A HOST TOWN OBLIGATIONS In-Kind Sponsorship: TOWN OF AVON will provide the following in-kind services to support the race: Town Services • Local Police Services (Town and/or County) • Public Works and Road Services- including but not limited to: o Barricades o Cones o Access to water source (hydrant/truck) o Street repairs; removal of road knobs, speed-bumps, etc. that impact route or athlete safety • Permit Services- including but not limited to: o Parking o Road closures o Special events o Concession sales • EMT/EMS Services for general public o RPM provides medical for race competition • Resident/Business Notifications • Portable toilets including ADA accessible (arrive day prior to race day) o Hand wash stations (arrive day prior to race day) • Waste Management and Recycling o Trash receptacles o Recycling bins o Dumpster for Team Parking o Dumpster for VIP Hospitality o Recycling dumpster o ‘Green Team’ • Heavy equipment such as scissor lift, fork lift, etc. • Assistance with coordinating pass-through communities may be requested VIP Hospitality TOWN OF AVON will provide the following for the VIP area: • Water Connection • Wireless Internet Connection ATTACHMENT B: TOWN PARTICIPATION AGREEMENT Meals TOWN OF AVON will secure the following meals for media, staff and volunteers during the race stage • Media: o Lunch for (20) people in the Media Workroom o Snacks o Beverages (juice, coffee, water) • Start/Finish Crew: o Light breakfast items for (30) people • Volunteers: Box lunches or snacks for volunteers Expo TOWN OF AVON will secure the following elements needed to produce a health and wellness expo during the race stage • Local entertainment • Concessions/food vendors available to public • Permits and associated fees • Security • Barricades • Liquor license, if applicable, for public sales Media Workroom TOWN OF AVON will locate and secure a space to be used at the media workroom during the race stage Listed below is an outline of general needs. The Media Operations team will confirm specific requirements based on location. • The Media Workroom must be in close proximity to the Finish Line area- no more than one or two blocks away. • Requires indoor space of approximately 1,500 square feet that can be secured from the public • Twelve (12) 6’ tables and thirty (30) chairs • Twelve (12) 110V outlets and fifteen (15) power strips • One (1) high speed copier with ability to collate and staple • One (1) large LCD Monitor or projector • One (1) television to show race coverage • Dedicated wireless network with enough bandwidth capabilities to accommodate 20 working media. A 10 Meg line (upload/download) is preferred. If dedicated line is not possible, back up to public Wi-Fi network is needed. • Sufficient trash and recycling cans • Food and beverage (see “Meals” above) ATTACHMENT B: TOWN PARTICIPATION AGREEMENT Press Conference Area TOWN OF AVON will locate and secure a space to be used for the post-race press conference during the race stage Listed below is an outline of general needs. The Media Operations team will confirm specific requirements based on location. • Requires approximately 600-1,000 square feet, minimum. It is recommended that this area is a portion of the Media Workroom space or nearby. Race staff will conduct a site inspection to confirm if multi- function space is appropriate. • Twenty to thirty (20-30) chairs arranged theatre style • Two (2) 6-foot skirted tables or one (1) 8-foot skirted table for dais • Four (4) 110V outlets with power strips, if space is separate from Media Workroom • Sound system with two (2) microphones is recommended. • Podium • Wireless Internet access Commissaires Meeting Room TOWN OF AVON will locate and secure a space to be used for the commissaires meeting room during the race stage • Small conference room close to the Finish Line for approximately 8-10 people. Space must be separate from Media Workroom/Press Conference area. Access is needed 1 hour prior to the finish and 2 hours following the finish. Parking Requirements TOWN OF AVON to secure parking locations for the media, staff, teams, and sponsors. All parking areas should be adjacent to or in close proximity to the Start/Finish Line area. If a parking area must be secured outside of the venue, shuttle transport should be provided. • Team Parking at Start/Finish Line- approximately 100 parking spaces • VIP Parking- approximately 100 vehicles • Expo/Vendor Parking- approximately 35 vehicles • Media Parking- approximately 20 vehicles • Staff Parking- approximately 50 vehicles • Crew Parking- approximately 5 vehicles • Spectator Parking Overnight Security On-site overnight security is required and should cover the hours between 7:00 PM and 7:00 AM. Overnight security personnel to cover: • Start/Finish Line, Expo ATTACHMENT B: TOWN PARTICIPATION AGREEMENT Start/Awards Ceremonies • TOWN OF AVON will provide a National Anthem singer and Color Guard for the Avon start ceremonies • TOWN OF AVON to provide gifts for 3rd, 2nd, and 1st place stage winners Volunteer Support TOWN OF AVON is responsible for recruiting and organizing local volunteers – overall need 150-300 Ancillary Events TOWN OF AVON is financially responsible for providing local support for any Colorado Classic and LOC ancillary activities, as mutually agreed upon. Support to include Town Services as well as other areas such as volunteer recruitment, securing additional parking locations, etc. Sponsorship Category Sales TOWN OF AVON has the opportunity to solicit and secure local sponsors to help support activities and offset expenses. • All sponsorships must to approved by RPM to ensure alignment with brand and company’s values • Protected categories that TOWN OF AVON may not pursue: o Outdoor Gear o Backpacks o Athletic Apparel o Athletic Footwear o Financial Services o Retail Banking o Beer/Alcohol* (special considerations made for potential Coors partnership) o Healthcare o Hospital o Credit Card o Industrial Manufacturing o Airlines ATTACHMENT B: TOWN PARTICIPATION AGREEMENT Marketing TOWN OF AVON shall provide marketing and promotion to the Colorado Classic race and adjoining events. A joint marketing plan and budget (including traditional, social and digital media) will be established and agreed upon in advance and within 30 days of execution of this document. Activities will include but are not limited to: • ongoing social media promotion • numerous email and newsletter blasts to constituents • welcome signs and kits • inclusion in guides and calendars • significant online and web presence • solicitation of volunteers for the race • paid advertising and earned media plans • outreach and street team activities; • coordination with other Host Town partners, vendors, affiliates and members ATTACHMENT B: TOWN PARTICIPATION AGREEMENT EXHIBIT B HOST TOWN BENEFITS As a host town for the 2019 Colorado Classic, the TOWN OF AVON will receive the following sponsorship assets: Digital Brand Exposure Website: Logo & Links • logo and link on the footer of the Colorado Classic home page • logo and link on sponsor/partner page Social Media Channels: Photo Album & Insta Story • Opportunity to have a TOWN OF AVON Photo Album on the Colorado Classic Facebook page containing iconic images of Avon • Opportunity to have a TOWN OF AVON Instagram Story “highlight” on the Colorado Classic Instagram feed showcasing imagery and video footage of Avon’s iconic destinations Mobile Exposure: Tour Tracker • Logo and link featured on the Tour Tracker App created for the Colorado Classic • TOWN OF AVON will receive at least one (1) push notification on Tour Tracker for the stage of the race taking place in Avon Custom Content Creation: • RPM will collaborate with TOWN OF AVON to develop a mutually agreed upon content plan for the months leading up to the event, focused on promoting tourism in Avon. This content will be used on RPM’s channels as outlined below: E-Newsletters: • TOWN OF AVON will receive up to three (3) inclusions in event e-newsletters Social Media: Highlighting Avon Posts • TOWN OF AVON will receive at least one (1) social media post per month* on the Colorado Classic channels to promote Avon. (*May 2019 - August 2019) ATTACHMENT B: TOWN PARTICIPATION AGREEMENT PR Exposure: Press Events: • RPM shall include officials of the Town of Avon to participate in press events and any other ancillary PR events, where applicable and relating to activities happening in Avon Press Releases: • RPM shall include references to the TOWN OF AVON in press releases that include reference to the host cities/route, where appropriate Broadcast Exposure: The 2019 Colorado Classic women's race will be broadcast live each day on demand, and distributed worldwide on our Streaming Network and on our Tour Tracker app with a combined estimated reach of almost 2 million views TOWN OF AVON will receive the following benefits: • (2) :30 second commercials on the National feed on Tour Tracker during Avon’s race stage to be used to promote the town of Avon • Pre-produced custom content “infomercial” provided by Sponsor that tells a story about Avon and its attractions – (1) One for the race stage in Avon shown on Tour Tracker during the Avon race stage On-site Exposure & Opportunities Start/Finish Line Banners: • Four (4) 3’ x 10’ course banners with the TOWN OF AVON logo – for the stage of the race taking place in Avon Onsite Big Screen: • Four (4) 30-second commercials shown during the Avon Stage on the LED Screen Public Announcements: • Four (4) public address announcements to be read from the main stage during the Avon Stage On-Site Activation: • TOWN OF AVON will receive a 10’ x 20’ space to create a consumer activation at the Avon expo site of the Colorado Classic Race. • RPM will organize a brainstorming and planning session with the appropriate parties at TOWN OF AVON to align on this activation. ATTACHMENT B: TOWN PARTICIPATION AGREEMENT Caravan Rides: • VIP caravan ride during Avon Stage of the race for two (2) people VIP Access: • Thirty (30) VIP Passes to Hospitality Area during the Avon Stage of the race • Two (2) VIP Passes to Hospitality Area during Stages in markets outside of Avon Awards Presentations: • TOWN OF AVON will have the opportunity for three (3) awards presenters at the Avon Stage of the race to present 3rd, 2nd and 1st place Stage Winners; • RPM will work with TOWN OF AVON to integrate pre-approved local dignitaries into the Start and Awards Ceremonies • Photo opportunities for TOWN OF AVON and Avon Town Officials with the winners of respective Stage • TOWN OF AVON will have the opportunity to provide gifts to the award winners at the Avon Stage Impact Data: • RPM will share demographic and geographic information on fan participation, website and social visitors, cable television and app viewers with TOWN OF AVON Post-Race Content: • RPM will share photo and video footage from the 2019 event and allow TOWN OF AVON full rights for their marketing and promotional usage ATTACHMENT B: TOWN PARTICIPATION AGREEMENT Exhibit C Event Marks To Be Inserted ATTACHMENT B: TOWN PARTICIPATION AGREEMENT Exhibit D Host Town Marks To Be Inserted ATTACHMENT B: TOWN PARTICIPATION AGREEMENT TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: April 30, 2019 Topic: INTERVIEWS AND APPOINTMENT OF UP TO FOUR PLANNING AND ZONING COMMISSION MEMBERS ACTION BEFORE COUNCIL Vote on up to four (4) Planning and Zoning (“PZC”) Commission terms. RECOMMENDED MOTION “I move to appoint Jared Barnes, Lindsay Hardy, Steve Nusbaum, and Joe Shankland to the Avon Planning and Zoning Commission, with terms expiring May 1, 2021.” SUMMARY The PZC serves as the Town’s zoning and design review board, charged with reviewing long range planning and policy documents. Their role is completely defined in Avon Municipal Code (“AMC”) Section 7.12.040 (ATTACHMENT A). The PZC serves two-year, staggered terms, with four of the seven terms set to expire on May 1, 2019. The Human Resources Department received four applications (ATTCHMENT B) for the four open seats. Appointments are included on the regular meeting agenda. The Council will have time to request that each applicant provide introductions and a statement or summary of their interest to serve, or continue serving, if deemed necessary by the Council. QUALIFICATIONS The AMC requires that at least five (5) members shall be registered electors of the Town at the time of their appointment. The AMC also recommends that a minimum of two (2) industry professionals hold positions at all times, and that these professionals be architects, landscape architects or designers. The AMC guides and prioritizes appointments in the following prioritization: 1) industry professionals, 2) to registered electors, and then 3) persons having special skills and experience of particular value to PZC over persons who do not. Given the dual role in dealing with both zoning and design review authority for the Town, the AMC recognizes that a balance in membership is necessary between the lay community and industry professionals. PZC COMPOSITION Below is a summary of the current and expiring members, their professions, and place of residence: Continuing Terms (2020 Term Expiration) Marty Golembiewski Civil Engineer / Avon Resident Kenneth J. Howell Human Resources / Avon Resident Alex Dammeyer Construction / Avon Resident Applicants *Steve Nusbaum Metro District Supervisor / Edwards Resident *Jared Barnes Planning Manager / Avon Resident *Lindsay Hardy Real Estate, Architecture, Construction / Avon Resident Joe Shankland Inspector, Hospitality / Avon Resident *Members with expiring terms that have re-applied for an additional term. ATTACHMENTS A – Avon Municipal Code §7.12.040, Planning and Zoning Commission B – Applicant Info ATTACHMENT A 7.12.040 Planning and Zoning Commission. (a) Establishment and Purpose. There is hereby established a Planning and Zoning Commission of the Town. The purposes of the Planning and Zoning Commission (PZC) are as follows: (1) To implement the goals and policies of the Avon Comprehensive Plan; (2) To guide and accomplish a coordinated, adjusted and harmonious development of the Town and its environs, that will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, quality of life and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements; (3) To promote health and general welfare; to provide adequate light and air; to prevent the overcrowding or inefficient use of land; to avoid undue concentration or dispersal of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; (4) To preserve the natural beauty of the Town's site and setting; to prevent indiscriminate clearing of property, removal of trees and earthmoving; and to attain the objectives set out in the Development Code through design revie w of the exterior design of all new structures and property development and additions to all existing structures and property development. (5) The PZC shall serve as a design review board for the Town. The purposes of the PZC when acting as the design review board are as follows: (i) To ensure that the architectural design of vertical structures and their materials and colors conform with the Town's overall appearance, with surrounding development if appropriate, with natural and existing landforms, with the standards identified in the Development Code and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; (ii) To ensure that the location and configuration of vertical structures, including signs and signage, are contextually appropriate to their sites and with surrounding sites and structures if appropriate and that the structures and signage conform to the requirements of the Development Code; (iii) To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on the same site and on adjoining and nearby sites as determined by the Development Code; and (iv) To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms. (b) Duties. The PZC shall have the following functions and duties: (1) Review development applications, amendments to the Avon Comprehensive Plan and amendments to this Development Code, provide recommendations to the Town Council and render decisions as such authority is indicated in this Chapter 7.12; (2) Upon request and direction by the Council, make and recommend plans for the physical development of the Town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof; (3) Upon request and direction of the Council, conduct research, prepare studies, review other matters which are related to the present conditions and future growth of the Town, and provide comments and recommendations thereon to the Council; and (4) Review and make recommendations to the Council about the design of proposed development, with due regard for design standards of this Development Code and other design criteria and guidelines adopted by the Town, code text amendments that address design review procedures and criteria and any design review guidelines for the Town relating to bulk and design regulations to be imposed or that establish design standards for specific uses, types of uses, parking standards, streetscapes or other similar items. (c) Membership. The PZC shall be composed of seven (7) members appointed by the Council. (d) Qualifications of Members. Registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to the PZC. The composition of PZC shall strive to achieve a balance in the membership between the lay community and industry professionals (architects, landscape architects, designers, real estate developers and/or contractors) in order to efficiently and effectively perform the design review functions of the PZC. Appointments should be made first to maintain the balance between industry professionals and the lay community (it is recommended that a minimum of two [2] to three [3] industry professionals hold positions on the PZC at all times and that two [2] of these professionals be architects, landscape architects or designers). Registered electors of the Town should be preferred over persons who are not registered electors. Persons having special skills and experience of particular value to the PZC should be preferred over persons who do not. (e) Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence of all members, any staff member shall adjourn any meeting to a later time or date. (f) Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the PZC who ceases to possess the qualifications for office that the member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the PZC member continues to reside in the County. A member of the PZC may be removed by Council pursuant to Subsection (h), Removal from Office, below. (g) Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to be a registered elector of the County or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. (h) Removal from Office. A member of the PZC may be removed for misconduct, conduct unbecoming of a Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the PZC member stating the grounds for removal at least three (3) days prior to the hearing. (i) Officers. The PZC shall select its own chairperson, a vice chairperson and a secretary from among its members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall appoint a member to serve as acting chair at the meeting. (j) Compensation. All members of the PZC shall serve with compensation at a rate established annually by the Council and be reimbursed for all authorized personal expenses incurred while performing duties as a PZC member. (k) Staff. The Director shall serve as the staff of the PZC and shall provide for the service of a recording secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving applications and other material for consideration for the PZC. (l) Rules and Regulations. The PZC shall operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter; provided, however, that the PZC shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by the PZC or disapprove the proposal with directions for revision and resubmission. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection. The PZC may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. (m) Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC and otherwise upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. (n) Material to be submitted. The PZC shall adopt rules and regulations including procedures and schedules for applications requiring action by the PZC. (o) Agenda. The PZC may schedule the review of applications on the next available agenda when the next agenda is full and will likely result in an overly long meeting. (p) Authority to Retain Consultants. The PZC is authorized to retain the services of one (1) or more consultants, provided that funds have been appropriated by the Town for said purpose or paid as part of the application fee by the applicant, to advise and assist the PZC in performing the functions prescribed in this Section. The consultants may be retained to advise the Commission on a single project, on a number of projects or on a continuing basis. LINDSAY L. HARDY 331 Nottingham Rd · 850.252.0742 LindsayLHardy@gmail.com I am a passionate and highly motivated individual looking to continue my Planning and Zoning Commission position with the Town of Avon. I have worked in the Architecture, Construction and the Real Estate industries locally. I have also worked in various guest service positions within Vail resorts; The variety of experience locally and being a young single female has introduced me to an array of people living in the Valley and have opened me up to conversations with a variety of and a different demographic of people often underrepresented in government. I have enjoyed using my education and passion to serve the community and sit on the DRB for Trear Creek, And I would love to continue my Position on the Planning and Zoning Commission. EDUCATION 2005 - 2010 BACHELOR OF ARCHIECTURE, UNIVERSITY OF MIAMI • Preservation Certificate • Emphasis in New Urbanism & Town Planning - Multiple courses taken with the Master of Urban Design Program, Graduate Professor Mentorship. 2003-2005 ASSOCIATES DEGREE, GULF COAST STATE COLLEGE • History & Psychology EXPERIENCE 2016 – CURRENT PROJECTS MANAGER & ADMINISTRATION, ALAN BRADLEY WINDOWS & DOORS • Close working relationship with Sales Reps, Head of Operations, Administration and Accounting to bring all teams together to accomplish the goals of the business and insure clients and customers have complete satisfaction. 2018 – CURRENT BROKER ASSOCIATE, COLDWELL BANKER MOUNTAIN PROPERTIES • Licensed Real Estate Broker • Home Inspectors License 2013 – CURRENT CHAIR – PLANNING & ZONING COMMISSION, TOWN OF AVON • Commissioned Chairperson in 2017 • Various steering committees and Interview Panels • Represent Town of Avon on DRB (Design Review Board) for Traer Creek Development. ATTACHMENT B 2 2012 – 2015 3RD YEAR INTERN ARCHITECT, VAIL ARCHITECTURE GROUP • Responsible for Drawings, Conceptual Design, Construction Schedules, Interior Designs, Office Administration, and Project Documentation. 2007 ARCHITECTURAL INTERN, COLLINS & ASSOCIATES • Responsible for Auto-CAD drawings, Construction Documentation, Office Administration. • Onsite training with the Inhouse Architectural Engineer and Contractors. • Shadowed the Proprietor/Principal learning the ins & outs of the office and business. ACCOLADES & ACTIVITIES 2012 – MAY - AUGUST VOLUNTEER/TEAM LEAD, HABITAT FOR HUMANITY • As a weekly volunteer for the Vail Valley Habitat for Humanity, I was designated a volunteer team lead. Assisted with construction, development, irrigation systems, and worked with organizing the sub-contractors. 2018 JANUARY VOLUNTEER, SBP – HURRICANE RELIEF • 4 week Volunteer to rebuild homes after Hurricane Harvey. 2010 PRESERVATION CERTIFICATE, UNIVERSITY OF MIAMI • Knowledge and application of Preservation • Miami Marine Stadium – continues to make local Miami headlines, and with our help, acquired a standing in the “11 most endangered” National Preservation List in 2009 2010 CHARRETTE LEAD, NATIONAL HAITI CHARRETTE – UNIVERSITY OF MIAMI • Participated and lead a team in the Haiti Charrette held at the University of Miami. I worked and collaborated with the delegates from the Dominican Republic, sharing ideas and design options for rebuilding and rehabilitating Haiti after the earthquake. I completed renderings and sketches for a cross border market scheme. The final presentations were presented to a world audience in New York City and Published in the New York Times. 2010 HISTORICAL CONCEPTS AWARD • Historical Concepts Award for Best Urban Design and Planning Project & Contribution to a Studio Environment (2010 Publication) 2009 2009 GLOBAL CONFERENCE ON GLOBAL WARMING • My Comprehensive Planning Project on Global Warming in the Era of Climate Change was presented at the 2009 Global Conference on Global Warming in Istanbul. ATTACHMENT B Dear Council, I am writing to express my interest in serving on the Town of Avon Planning and Zoning Commission. I have a passion for improving the built environment of the Town of Avon, and I see enormous potential for increasing the beauty and pedestrian-friendly functionality of our built environment for residents and visitors. I would bring to my position as a commissioner: A belief in presenting and adhering to a structured meeting process. A transparent and structured meeting is enormously helpful when dealing with complex or controversial issues or projects. The perspective of many peers in my generation. Serving as a Planning Commissioner is a good fit for my interests and experience. As an interested member of our community, I would like to use my time, skills, and talents to assist in planning the future of our township. I would be excited to be appointed to a seat on the Planning and Zoning Commission and look forward to working with the City Council to serve the community. I respectfully request your support in being appointed to the Town of Avon Planning and Zoning Commission. Thanks for your time Joe Shankland ATTACHMENT B References available on request Page 1 Joseph S. Shankland P.O. Box 9233 (970) 309-3940 Avon, Colorado 81620 joeambrosia03@yahoo.com PROFILE A results driven professional with diverse experience in high end products. Experience includes: long range business plans and forecasting, skilled in managing and motivating teams, coordinating marketing plans to enhance customer relations, and extensive computer use and knowledge. PROFESSIONAL EXPERIENCE: On-Site Property Maintainace Manager Lakin’s Bel Lago 540 W. Beaver Creek Blvd. Avon, CO November 2012- June 1 2018 Key achievements  Actively manage ten units in a $25 million dollar complex; nine multi-sized, long term units, one large, short term unit.  Responsible for maintaining all aspects of building operation including service calls, lawn care, construction, preventative maintenance agreements, acquisition of new appliances and inventory, arrange cleaning of common areas, short term rental, and move outs.  Reduced annual operating cost by each year since 2012 by verifying work, disputing invoices with discrepancies, and creating good working relationships with vendors.  Supervision of any new and ongoing improvement projects  Provide monthly and quarterly written dialogue to owner regarding overall health of property.  Utilization of spreadsheets for monthly expenses and bills. Extensive use of email for correspondence with utility workers and business owners. Sales Executive/Team Manager/Assistant Sales Manager Starwood Vacation Ownership Sheraton Steamboat Resort, CO Westin Mission Hills Resort, CA Sheraton Mountain Vista, CO October 2005 – February 2015 Key achievements  Introduced guests to the concept of vacation ownership through a one call sales process.  Maintained a 28% closing on all prospects, with a value of $2,800 in revenue per prospect.  #1 Sales Executive for 2012, top producing sales executive 14 time from 2012-2014.  Developed sales strategies, and programs for repeat and referral business.  Screened potential new sales associates. Scheduled and conducted phone interviews.  Evaluated individual sales performance and provided coaching to increase performance. ATTACHMENT B References available on request Page 2  Assisted team managers in the closing of sales and help with facilitate owner paperwork.  Conducted motivational sales huddles.  In depth knowledge of the sales process, paperwork flow, and computer systems for document production.  Consistently achieved above average sales performance resulting in numerous awards. Re/Max Real Estate Agent Re/Max Real Estate Mountain West, CO September 2001 – Oct 2005 Key Achievements  “Rookie of the Year” in 2003.  Started and implemented a training program for nine agents to determine close percentages and market strategies.  Created and implemented a marketing campaign that allowed prospects information to be captured for further follow up in order to schedule an appointment and establish a working relationship. Restaurant Assistant Manager Gerard’s Restaurant Lahaina, HI September 1998 – September 2001 Key Achievements  Increased annual revenue by 12% by training employees to up sell beverages and meal choices.  Trained new waiters and bus staff in professional and fine dining establishment procedures. AWARDS AND ACHIEVEMENTS  Customer For Life Award 2006 ~ Starwood Vacation Ownership  Top Producing Sales Manager April 2008 ~ Starwood Vacation Ownership  Recognized for Teamwork and Results ~ Starwood Vacation Ownership  #1 Sales Executive Starwood Vacation Ownership 2012 SPECIAL INTERESTS AND CERTIFICATIONS:  Certified White Water Raft Guide  Certified Swift Water Rescue Tech  Certified Wilderness First Responder  Certified First Aid/CPR  Certified Avalanche Level 1 ATTACHMENT B April 23, 2019 Ms. Karyne Spadi Human Resources Department Town of Avon One Lake Street PO Box 975 Avon, CO 81620 Dear Ms. Spadi, I am very pleased to present you with this cover letter and my resume for consideration in your search for the best candidate to fill the Planning and Zoning Commissioner position. Upon reading the job description posted online and performing in this capacity for the past two years, I am confident that my professional planning experience and education provide a perfect match for this position. As outlined in my attached resume, I will bring to your municipality a broad range of skills and firsthand knowledge of the development issues facing the Town of Avon, including: • Experience as a Town Planner and Transportation Planner which are skillsets not currently represented on the Planning and Zoning Commission and will assist the Town and applicants in receiving comprehensive and well-rounded feedback on the variety of proposals presented to the board; • Detailed knowledge of the Avon Municipal Code, Avon Development Code and the processes therein; • Recognition of the codified language and design standards, as well as their intent, and the ability to apply those standards to applications under consideration of the Planning and Zoning Commission; • Comprehensive understanding of and the ability to implement the existing Avon Comprehensive Plan, West Town Center District Investment Plan, East Town Center Plan, Avon Comprehensive Transportation Master Plan, Harry A. Nottingham Park Master Plan, and other long range planning efforts; • Understanding of the roles and relationships between the Town Council, Staff and the Planning and Zoning Commission. • Familiarity with the Village at Avon development agreement and PUD and an understanding of the relationship between their design review board and the Town’s Planning and Zoning Commission; I sincerely ask you for the opportunity to discuss my credentials, and ability to enhance your team’s success. I appreciate your time and consideration. Respectfully yours, Jared Barnes ATTACHMENT B Jared Barnes 971 West Beaver Creek Boulevard, Unit B4 PO Box 7684 Avon, CO 81620 Phone: 970.331.3999 Email: Jared_Barnes@yahoo.com OBJECTIVE: To be appointed to the Town of Avon Planning and Zoning Commission and represent the residents of the Town of Avon on this advisory board. PROFESSIONAL EXPERIENCE Eagle County, Colorado December, 2013 – Present Planning Manager ▪ Grant writing for ECO Transit and ECO Trails. ▪ Construction management for bus shelter and stop improvements for ECO Transit. ▪ Construction management for trail maintenance projects for ECO Trails. ▪ Master planning updates for ECO Trails to catalogue existing and proposed improvements to the Eagle Valley Trail to comply with MUTCD and ADA standards. ▪ Managed master planning efforts for ECO Transit, including a Transit Development Plan and First Mile/Last Mile Plan. ▪ Prepare and present project proposals to Town Boards, and Commissions. ▪ Prepare and present legal agreements on behalf of ECO Transit and ECO Trails to the Eagle County Commissioners and Town Councils throughout Eagle County. ▪ Eagle County liaison on regional planning efforts for transportation and trails master planning. Town of Avon, Colorado January, 2007 – December, 2013 Planner ▪ Evaluate and manage development applications, zoning modifications, and subdivision applications related to municipal codes, sub-area plans, and design standards. ▪ Manage long range planning efforts, including adoption of and updates to sub-area master plans and comprehensive plans, in collaboration with community stakeholders, consultants, and internal committees. ▪ Prepare and present project proposals and recommendations to the Planning Commission and Town Council. ▪ Advise members of the public regarding zoning, code enforcement, building, and subdivision regulations. ▪ Manage electronic archiving of building permit plan sets, building permit files, and planning/zoning files. ▪ Core team member in the adoption of a unified development code incorporating zoning, subdivision, and design review standards, partnering with community stakeholders. ▪ Town liaison on regional planning efforts for transportation and county master planning, as well as county code enforcement. ▪ Streamlined the process for accepting and routing applications for review, while simplifying interfaces between town staff and applicant. ▪ Implemented a permit tracking software system. Customized it to interface with development review, code enforcement and billing system. City of Louisville, Colorado January, 2005 – January, 2007 Planning Intern ▪ Created a tracking system for archiving planning files. ▪ Researched and drafted the new sign code adopted by the city. ▪ Provided zoning compliance review for current planning projects. ▪ Advised members of the public regarding zoning and code enforcement regulations. City of Portage, Michigan May, 2004 – August, 2004 Planning Intern ▪ Updated ArcGIS layers. ▪ Facilitated Municipal Code amendments by surveying other jurisdictions. ▪ Performed site inspections for new construction. ATTACHMENT B EDUCATION University of Colorado at Boulder August, 2002 – December, 2006 Bachelor of Environmental Design in Planning/Urban Design Minor in Geography Related Coursework: Real Estate University of Colorado at Denver January, 2018 – Present Masters of Public Administration Emphasis: Local Government SOFTWARE SKILLS ESRI ArcGIS, Google SketchUp, Adobe InDesign, Adobe Photoshop, Adobe Illustrator, LaserFische, Microsoft Office Suite, and Sungard Pentamation. MEMBERSHIPS & ACTIVITIES ▪ American Planning Association; Colorado Chapter (#181924) ▪ University of Colorado Alumni Association ▪ Event organizer for annual American Heart Association Cycle-A-Thon (Gypsum, CO) ATTACHMENT B Steven L. Nusbaum 0015 Red Barn Street, Edwards, CO 81632, Ph. (970) 331-1959 slnvail66@yahoo.com ______________________________________________________________________ Skills Summary  Unique combination of leadership, financial, and technical skills leading to improved efficiency.  Excellent oral and written communication skills resulting in improved relationships with internal and external customers.  Proficiency in a variety of software applications including MS Office Suite.  Strong commitment to team environment dynamics with the ability to contribute expertise and follow leadership directives.  Ability to collaborate with key members of the community to develop and implement improved processes and increase service levels. Employment 2004 – Present Vail Resorts Management Co. Avon, CO Sr. Manager, Design Review Administration  Develop and administer design guidelines for the resort communities of Bachelor Gulch, Beaver Creek, Arrowhead at Vail and Red Sky Ranch.  Work with Master Associations, HOAs, Metropolitan Districts and Vail Resorts to ensure community goals are met.  Develop and maintain functional relationships with internal and external clients through consistent interpretation, communication and enforcement of community governing documents.  Develop and administer departmental budgets for four operating groups.  Responsible for plan review, presentation and recommendations to Design Review Boards for four resort communities.  Mediate and resolve conflicts with property owners/developers and Design Review Board approved plans and process to ensure completion and avoid remediation process. 2003 - 2004 EchoStar Communications Corp. Denver, CO Operations Analyst/ Program Manager  Responsible for analyzing and reporting on field operations.  Responsible for field related forecast models. 1995 – 2001 Vail Resorts, Inc./Smith Creek Metro District Avon, CO Municipal Services Foreman/Supervisor  Supervised staff of 12 for all day-to-day and seasonal operations including snow removal, infrastructure and facilities maintenance, and minor construction projects.  Responsible for developing specs and obtaining bids from subcontractors for District contracted construction projects.  Actively participated in new equipment acquisition, specs and budgeting.  Liaison between Operations staff and Homeowners’ Associations. Education/Certifications  Town of Avon Planning and Zoning Commission (2017-Present)  Eagle County Planning Commission (2010-2012)  BS Computer Information Systems – Colorado State University (2003)  BS Finance - Colorado State University (2003)  Association Management Specialist - Community Associations Institute ATTACHMENT B     TOWN COUNCIL REPORT  To:    Honorable Mayor Smith Hymes and Avon Town Council  From:    Preston Neill, Deputy Town Manager  Meeting Date:  April 30, 2019  Agenda Topic:  DISCUSSION AND ACTION ON 351 BENCHMARK BUILDING     SUMMARY – WORKER HOUSING  In the fall of 2017, the Eagle River Fire Protection District (ERFPD) ended its lease with the Town and  moved its active fire response station from 351 Benchmark Road to the Public Safety Facility on Buck  Creek Road. After ERFPD’s move, the Town Council identified an objective to have the 351 Benchmark  Building utilized for worker housing instead of remaining vacant. The 351 Benchmark Building is equipped  with 12 individual bedrooms and six full bathrooms and one‐half bathroom. As a result, Town staff  solicited letters of interest from businesses interested in leasing the 351 Benchmark Building for use as  worker housing. As a result of the solicitation, the Town entered into a five‐month lease agreement with  Venture Sports from mid‐December 2017 to mid‐May 2018.    In April of 2018, the Town issued another call for letters of interest for a residential dormitory worker  housing lease at the 351 Benchmark Building, but the Town did not receive any interest from local  businesses.     In late June of 2018, the Town issued one more call for letters of interest. The Town received one proposal  from Richard Wheelock, owner of Agave. Subsequently, the Town entered into a master lease agreement  with Richard for a term of seven months from November 1, 2018 to May 1, 2019.     With the current lease term coming to an end soon, Richard has approached the Town about entering  into a new lease agreement for another year. Town staff is looking for direction from Council on whether  to continue leasing the space for use as worker housing. If Council desires to continue making the building  available for worker housing, it is recommended that the Town construct and maintain a second means  of egress from the upper floor. Town staff recently met with Mick Woodworth, ERFPD Fire Marshal, and  he strongly encouraged the Town to consider adding a second means of egress from the upper floor in  the event the Town decides to continue leasing the building. Included as Attachment 1 is a letter from  ERFPD, dated October 31, 2017, that details a list of items that they recommend be addressed or brought  up to code.  All the items have been addressed except the second means of egress and the fire suppression  system.    SUMMARY – OTHER PROPOSED USES  Over the last two years, Town staff has been approached by a variety of entrepreneurs and businesses  about leasing the east portion of the 351 Benchmark Building. That portion of the building is not part of  the leased area for worker housing. It consists of two large bays that are currently utilized by our town  electrician and the Building Maintenance Department as work space and equipment storage. Included as  Attachment 2 is an example of one of the proposals we have received for repurposing the east portion of  the building. Please note that AMC Chapter 15.20 International Fire Code states that “any alterations,  additions, changes in use or changes in structures required by this code, which are within the scope of the  International Building Code, shall be made in accordance therewith.” Staff recommends that the  conversation of further repurposing the 351 Benchmark Building be part of the comprehensive Town  Properties Plan discussion that is scheduled to take place at the May 14th Council meeting.     FINANCIAL IMPLICATIONS  A total of $65,000 of revenue has been generated from leasing the 351 Benchmark Building over the last  two winters. Constructing a second means of egress from the upper floor is estimated to cost around  $30,000. If Council elects to direct staff to find an entrepreneur or business to utilize or operate out of the  east portion of the building, a Request for Proposal will be developed and issued. In addition, repurposing  that portion of the building would constitute a “change in use” and would require that an automatic fire  suppression system by constructed for the building. The estimated cost for constructing a fire suppression  system is $100,000.     PROPOSED MOTION  “I move to continue leasing the 351 Benchmark Building for use as worker housing for period of one year.  I further move to approve $30,000 from the General Fund Contingency line item to fund the construction  of a second means of egress from the upper floor of the 351 Benchmark Building.”    ATTACHMENTS  Attachment 1 – ERFPD Comment Letter – October 31, 2017  Attachment 2 – Children’s Museum Proposal  ATTACHMENT 1 Children’s Museum We must let our kids play as if our future depends on it… because in fact it does! Our vision of the Children’s Museum is to inspire the world through play and our mission is to provide superior quality play and educational experiences for young children and their families. The Museum will be a clean, upscale and educationally focused children's museum where kids eight years old and younger are entertained in a stimulating learning environment of creative and dramatic play. As children walk into the museum their imaginations are immersed in the enumerable possibilities and mysteries of a kid-sized world designed just for them. From fighting fires, to playing house, doctoring, camping…it is all for them. We have lived in Eagle County and have been in the hospitality business for 16+ years. We understand the peaks and valleys of guest visitation and the void of activities for young children especially those not old enough for ski school or camps. This Valley needs a place where kids can be kids and just pretend. Avon is the heart of the Valley. Using a real Fire Station to learn and to play will have moms from around the world snapping pictures and tagging the town of Avon on social media. We will drive additional traffic to the pool, library, park and dining establishments in town. The museum will pull families out of Beaver Creek and Vail straight into the heart of Avon. It will bring revenue to Avon from tourists and locals alike. Families will learn to play together and make lifelong memories. ATTACHMENT 2       TOWN COUNCIL REPORT  To:   Honorable Mayor Smith Hymes and Town Council  From:    Preston Neill, Deputy Town Manager  Date:    April 30, 2019  Topic:    RESOLUTION 19‐04 APPROVING 2019 SPECIAL EVENTS       ACTION BEFORE COUNCIL:  Council is asked to review and approve Resolution 19‐04 approving 2019 special events.     MOTION OPTIONS:  1. “I move to approve Resolution 19‐04 Approving 2019 Special Events.”    2. “I move to approve Resolution 19‐04 with only the 2019 Town‐produced events.”    BACKGROUND:  The Town’s local liquor licensing regulations allow for administrative review and approval of routine  liquor license applications, including Special Event Permits for events already approved by the Town  Council. Resolution 19‐04 has been prepared for Council consideration and includes a list of 2019 special  events, including event dates, times, and locations, that have a liquor component and will seek a Special  Event Permit. If Resolution 19‐04 is approved, it would allow the Town Clerk to administratively review  and approve the Special Event Permits that will be submitted for the listed events. In addition, if  approved, each event on the list would be exempted from submitting an Amplified Sound Permit, per  Section 5.24.010 of the Avon Municipal Code.      This resolution would cut down the number of Special Event Permit applications that the Avon Liquor  Licensing Authority would have to review over the course of the summer. It would also reduce the  number of Amplified Sound Permit applications that Council would have to review.     At the April 9, 2019 Council meeting, Council asked for more information about which non‐profit  organizations the outside event producers are planning to have apply for Special Event Permits. Staff has  not been able to procure the requested information and presumes that many of the outside producers  have not yet identified a non‐profit organization to work with. Council has the option of approving  Resolution 19‐04 as is, or approving Resolution 19‐04 with only 2019 Town‐produced events. The latter  option would require Council to individually review Special Event Permit applications and Amplified  Sound Permit applications that are submitted by outside producers over the course of the summer.     ATTACHMENT:  Resolution 19‐04        TOWN OF AVON RESOLUTION 19-04 APPROVING 2019 SPECIAL EVENTS WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and political subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, the Town of Avon’s local liquor licensing regulations allow for administrative review and approval of routine liquor license applications, including Special Event Permits for events already approved by the Town Council; and WHEREAS, the Town Council, as the local liquor license authority, finds that delegating review and approval authority for certain routine liquor license applications to the Town Clerk will improve administrative efficiency; and WHEREAS, the Town Council finds that approving 2019 special events planned for Nottingham Park and the Avon Performance Pavilion would exempt Amplified Sound Permits for the listed events and would improve administrative efficiency; and NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the following 2019 special events and event dates: 2019 Special Events:  Town Clean Up Day | Avon Performance Pavilion | May 23, 2019 | 5:30–7:30 pm  Pop-Up Strings Concert | Avon Performance Pavilion | May 26, 2019 and September 1, 2019 | 5:30-7:00 pm  Vail Valley Brew Fest | Harry A. Nottingham Park and Avon Performance Pavilion | June 29, 2019 | 12:00-4:00 pm  Salute to the USA | Harry A. Nottingham Park and Avon Performance Pavilion | July 3, 2019 | 5:00-10:30 pm  Avon LIVE! | Harry A. Nottingham Park and Avon Performance Pavilion | June 19, June 26, July 10, July 17, July 24, July 31, August 14, 2019 | 5:30-10:00 pm  Triple Bypass | Harry A. Nottingham Park | July 13, 2019 | 12:00-8:00 pm  Dancing in the Park | Harry A. Nottingham Park and Avon Performance Pavilion | August 7, 2019 | 5:30-10:00 pm  Major League Triathlon | Harry A. Nottingham Park and Avon Performance Pavilion | September 6 – 7, 2019 | 12:00-9:00 pm  Circus Mountainous | Harry A. Nottingham Park | September 13 – 15, 2019 | 12:00- 10:00 pm  Man of the Cliff | Harry A. Nottingham Park and Avon Performance Pavilion | October 11 – 13, 2019 | 12:00-6:00 pm ADOPTED AND APPROVED by the Avon Town Council this 9th day of April 2019. By: ______________________________ Attest: _______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Smith Hymes and Town Council members FROM: Eric J. Heil, Town Attorney RE: Town Attorney Request for Proposal DATE: April 23, 2019 SUMMARY: The process for recruiting a new Town Attorney is presented in this memorandum. The Avon Town Attorney is one of only three positions that the Town Council appoints, directs, hires and fires (along with the Town Manager and the Avon Municipal Judge). TOWN ATTORNEY ROLE: The Charter is very brief on the Town Attorney’s role. “The Town Attorney shall be the legal representative of the Town and shall advise the Council Town officials in matters relating to their official powers and duties and perform such other duties as Council may prescribe by ordinance or resolution.” Section 10.1, Avon Charter. Attached are Legal Ethics Guidelines from the City Attorney’s office from the City of Colorado Springs which are very comprehensive (more comprehensive than required for Avon), but which describe various roles that the Town Attorney serves. I suggest there are three main categories for the Town Attorney’s role as the organizational attorney for a public municipal corporation: (1) Advisor to the Town Council. The Town Council is essentially the client and the final authority on directing the Town Attorney. (2) Advisor to Staff, Boards, Commissions and Committees. The Town Attorney works with Town staff on a daily basis and advises the Planning and Zoning Commission; Cultural, Arts and Special Events Committee; and other boards and committees as created by Council. (3) Oversees other Attorneys. Council has the authority to hire other attorneys who report directly to Council; however, in most situations, it is most efficient for the Town Attorney to monitor and direct legal work performed by other attorneys as appropriate for the Town’s interest. EXISTING LEGAL COUNSEL: The Town currently retains Elizabeth Pierce-Durance, Esq., as the Town’s municipal court prosecutor, who has served that role for many years. She has recently expanded her role to assist the Town Clerk with liquor license reviews and responses to public records requests and with enforcement of business licenses and taxes for the Finance Department. Elizabeth serves the Town very well in these roles and the recommendation from myself and Town staff to Council is that Elizabeth continue in these roles. The Town currently retains Kevin Paul, Esq., of Range Law, as outside legal counsel for employment law. Kevin has great experience and expertise in employment law and related litigation, both for public and private corporations. The recommendation from myself and Town staff to Council is that the Town continue to retain Kevin as outside counsel for employment law matters. The Town currently employs Richard J. Mehren, Esq., of Moses, Wittemyer, Harrison and Woodruff, P.C. as the Town’s water law counsel. Water law is a specialized field. Moses, Wittemyer, Harrison and Woodruff, P.C., has represented the Town for the last ten years. The recommendation from myself is that the Town continue with Richard as outside counsel for water law matters. Avon Town Council RE: Town Attorney Recruitment Date: April 23, 2019 Page 2 of 3 PROCESS: A simplified process that involves all Council members and works within regularly scheduled Council meetings is presented below. Council may also consider appointing two Council members to work with staff to review candidates and visit candidate firms prior to Council interviews. The Request for Proposal (“RFP”) language and the proposed postings are fairly standard and can be expected to reach the entire municipal attorney community in Colorado. May 1: Send Request for Proposal language for posting in (1) CML Career Listings, (2) send directly to Colorado municipal attorneys via CML Attorney ListServe, (3) post on Avon’s website, and (4) post in Vail Daily. Deadline for proposals is Wednesday, May 22, 2019. Three weeks should be adequate to receive proposals from firms and individuals within the municipal attorney community. The return date could be pushed out to June 5, which then pushes the following dates out two weeks. May 28: Council to review proposals in executive session at May 28 regular Council meeting and select firms and individuals for interviews on June 11. May 28 to June 6: If Council desires to designate two Council representatives, then the two Council representatives and two Town staff representatives can schedule visits with the candidates (i.e. “meet the firm”) and provide a report to Council for the June 11 Council meeting. Council designees, if desired, can be determined at the executive session to review proposals. June 11: Council to interview Town Attorney candidates. Typically, there would be three to four candidates and each interview would take 45-60 minutes. NOTE: The time requirements for interviews will either take up the majority of a regular meeting or will require Council to start the meeting earlier in the day or schedule a special meeting. Staff can seek to minimize business items on June 11 to allow time for Town Attorney candidate interviews. If Council identifies a preferred candidate, then the candidate can be notified on June 12, approval of a retainer agreement can be scheduled for June 25, which could also be the official commencement date of a new Town Attorney. Town staff and I will assist Council with interview questions, including some legal quandaries and paradoxes (like I was asked in my Town Attorney interview with Avon). This schedule can be easily extended for additional meetings, discussion, and review as desired by Council. PROPOSED RFP LANGUAGE: “The Town of Avon seeks proposals for Town Attorney services from individuals and firms. Candidates may submit proposals by e-mail by May 22, 2019, to Lance Richards, Human Resources Director, at ljrichards@avon.org. Proposals must include the following: (1) identify the individual who will serve as the Avon Town Attorney; (2) describe the experience of the attorney and/or firm with municipal representation in Colorado, including representation of home rule municipalities; (3) include resume(s) for attorney(s) expected to provide legal services; (4) describe attorney fees, rates and charges; (5) provide a writing Avon Town Council RE: Town Attorney Recruitment Date: April 23, 2019 Page 3 of 3 sample that explains a legal matter to elected officials; (6) describe philosophy and description of Town Attorney role in providing legal services to a municipality, including advising the elected officials and providing legal services to Town staff; (7) provide client references that may be contacted; and (8) describe professional liability insurance coverage. The Avon Town Attorney shall be an attorney-at-law admitted to practice in Colorado with at least five years prior active practice in accordance with Section 10.1 – Town Attorney of the Avon Home Rule Charter. Selected candidates will be interviewed by the Avon Town Council on the evening of June 11, 2019 in Avon, Colorado.” REQUESTED ACTION: Direction on whether to proceed with the Town Attorney position request for proposal as outlined or direction to modify the request for proposal process. PROPOSED MOTION: “I move to direct staff to proceed with the Town Attorney request for proposal as outlined in Eric Heil’s memorandum.” Thank you, Eric ATTACHMENT A: City of Colorado Springs Legal Ethics Guideline Office of the City Attorney Leq&Ethics Guidelines1 The mission of the Office of the City Attorney (the “Office”)is to provide the highest quality legal advice to the City of Colorado Springs,acting through its various elected officials,enterprises, appointees,and employees.All attorneys employed by the City Attorney’s Office (“Office”)shall comply with the Colorado Rules of Professional Conduct (“Rule of Professional Conduct”or “Cob.RPC”).“A lawyer,as a member of the legal profession,is a representative of clients,anofficerofthelegalsystemandapubliccitizenhavingspecialresponsibilityforthequalityof justice.” Each attorney in the Office has an ethical obligation to exercise independent professional judgment and to give consistent,objective legal advice to all constituent representatives2 of the City. The Office does not provide legal advice to members of the public. I.Functions of the City Attorney’s Office A.Litigation/Administrative Proceedings:The City Attorney “shall conduct all casesincourtinthisStatewhereintheCityshallbepartyplaintiffordefendant,or a party in interest.”3 Also,the City Attorney is required to represent the City and its enterprises “in all adversary actions in any State or Federal court or actions before State or Federal administrative agenciesinwhichtheCityoritsenterprises,the City Council,Mayor or any board,commission orauthorityoftheCityisaparty.”4 In civil matters,“[wjhen directed by the City Council,the City Attorney shall represent any Council Member,the Mayor,staff member or employee in litigation resulting from the conduct in good faith of the alleged duties and functions of that person.”5 In criminal matters,City Council may authorize payment for the cost of defense and/or fine incurred by a City employee if the employee was acting during the course of his or her jobduties,was acting in good faith,and the defense serves the interest of the City.6 B.Criminal Prosecution:The “City Attorney shall institute and prosecute actions incaseofviolationofanyCharterprovisionorordinancewhensodirectedbytheCouncilorthe Mayor”7 and “shall keep proper records of all actions in courts of record prosecuted or defendedbytheCityAttorney’s Office.”8 C.Advisor to Executive Branch:The City Attorney is “the legal adviser of the Mayor”in relation to the Mayor’s duties.9 The City Attorney must provide legal service andsupport“to the Mayor in the exercise of the Mayor’s executive and administrative duties and 1 Adopted May2014 2 The term constituent representatives is used throughout this policy.As used herein,constituentrepresentativesreferstotheCity’s elected officials,enterprises,appointees,and/or employees.City Charter §13-80. City Code §1 .2.405. City Code §1.2.405;City Code §1.4.302.6 City Code 1.4.301. City Code §1 .2.403.8 City Code §1 .2.408(A). City Charter §13-80. Attachment A: Legal Ethics Guidelines functions”and “give an opinion upon any legal matter or questions submitted by the Mayor.”1° Furthermore,the City Attorney must prepare or revise ordinances when requested by the Mayor.11 D.Advisor to the Legislative Branch:The City Attorney is the legal advisor to City Council in relation to its duties,including its duty as Board of Directors for Colorado Springs Utilities.12 The City Attorney is also responsible for providing “legal service and support to the City Council in the exercise of its legislative duties and functions,”and giving legal opinions to City Council or “any of its members.”13 In addition,the City Attorney is required to prepare or revise ordinances when requested by City Council or a Council Member;provided,however, that in accord with Rule 8-3 of the Rules and Procedures of City Council,the Office may decline to provide such service at the request of a Council Member if it would require a material amount of staff time,funds,or be disruptive to the Office.14 E.Advisor to the City’s Enterprises,Department Heads,and City Staff The City Attorney is obligated to provide legal advice to all City enterprises,department heads,and City staff on “legal questions arising in the conduct of City business.”15 F.Advisor to Boards,Commissions,and Committees:The City Attorney is the legal advisor to boards,commissions,and committees and shall render legal opinions when requested.16 G.Approve and Enforce Contracts:The City Attorney shall also approve as to form “all contracts,deeds and leases to which the City or its enterprises is a party,”and “all surety documents and insurance policies required as a condition of approval of any development application or the issuance of any license or permit by the City.”17 The City Attorney is also required to take action to enforce contracts when the Mayor reports a violation of a contract or agreement.18 H.Settle Claims:The City Attorney has the authority “to adjust,settle,compromise or submit to mediation any action,accounts,debts,claims,demands,disputes and matters in favor of or against the City or in which the City is concerned as debtor or creditor”for an amount not to exceed $50,000,and,with the approval of the Claims Review Board,for an amount not toexceed$100,000.19 Make Reports and Keep Records:The City Attorney shall make reports regarding City litigation and City legal matters to City Council,the Mayor,City enterprises,and interested City staff.2°The City Attorney is also required to “keep proper records of all actions in courts of record prosecuted or defended by the City Attorney’s Office,the proceedings had and 10 City Code §1 .2.402. ‘City Code §1.2.403. 12 City Charter 13-80.13 City Code §1.2.402. 14 City Code §1 .2.403.15 City Charter §13-80;City Code §1 .2.402. City Code §1.2.402. 17 City Code §1 .2.404(A). 18 City Code §1.2.404(B).19 City Code §1.2.406. 20 City Code §1 .2.407. 2 Attachment A: Legal Ethics Guidelines all written legal opinions not subject to any attorney-client privilege,”and to maintain “Mayoral administrative regulations.”21 J.Appoint Hearing Officers:The City Attorney also has authority to appoint hearing officers as authorized by the City Code or Utilities’tariffs.22 II.Attorney Assignments The City Charter and Code give the City Attorney authority to “employ assistants.”23 The City Attorney has sole authority to assign attorneys to support the various constituent representatives of the City entity.The City Attorney retains the duty and authority to direct the provision of legal services to the legislative and executive branches of government,committees,boards,commissions,and all City enterprises and departments.In rendering legal services tothevariousbranches,enterprises,and departments of the City,each attorney shall exercise independent professional judgment and discretion while always considering the best interests oftheCityAttorney’s client,the City entity as a whole.In ascertaining the best interests of theCity,the Office should respect the policy determinations made by the highest level decision maker for the relevant branch(es)of the City government. While attorneys in the Office are expected to exercise independent legal judgment,they are encouraged to work collaboratively.However,except as otherwise approved by the CityAttorney,no attorney will give legal advice to a constituent representative that the attorney knows or reasonably should know is contrary to the legal position taken by the Office or the City Attorney.If multiple attorneys are assigned to provide legal advice on the same subject matter,the attorneys shall work cooperatively to develop any final legal position. Ill.Role as Advisor vs.Advocate A.City Attorney as Advisor:The Office advises various constituent representatives of the City government by assessing the legal consequences of past and proposed courses ofaction.The Preamble to Cob.RPC states,“[a]s advisor,a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications.”Cob.RPC 2.1 provides further guidance regarding a lawyer’s advisor role:“alawyershallexerciseindependentprofessionaljudgmentandrendercandidadvice.”A lawyer may analyze not only the law but may consider “moral,economic,social and political factorsthatmayberelevanttotheclient’s situation”and “should not be deterred from giving candidadvicebytheprospectthattheadvicewillbeunpalatabletotheclient.”24 B.City Attorney as Advocate:An attorney in the Office performs in an advocate role when he or she represents the City or one of its units or constituent representatives in an adversary process.This role generally occurs in the context of its prosecutorial function in enforcing City ordinances or in the context of litigation or administrative proceedings in which the City and/or its representatives are a named party.The Cob.RPC Preamble states that an attorney as advocate “zealously asserts the client’s position under the rules of the adversarysystem.”25 Likewise,as advocate,an attorney “has a duty to use legal procedure for the fullest 21 City Code §1 .2.408.22 City Code §1 .2.409. 23 City Charter §13-90(a);City Code §1 .2.401.24 Cob.RPC 2.1 &2.1 cmt.1. 25 Cob.RPC Preamble cmt.2. 3 Attachment A: Legal Ethics Guidelines benefit of the client’s cause,but also a duty not to abuse legal procedure.”26 As an advocate,a “lawyer shall not bring or defend a proceeding,or assert or controvert an issue therein,unless there is a basis in law and fact for doing so that is not frivolous,which includes a good faith argument for an extension,modification or reversal of existing law.”27 IV.Client of the Office/Conflicts of Interest All attorneys in the Office have a duty to determine whether the individual attorney or the Office has a conflict of interest when rendering legal services to the City.In determining whether a conflict of interest exists,attorneys shall consider,as appropriate,the Rules of Professional Conduct,case law,administrative regulations or interpretations,City policy,and relevant federal,state,and local law.The City Attorney shall be informed of any potential or actual conflicts of interest. A.Identity of Client The Rules of Professional Conduct guide the identity of the Office’s client.A “lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.”28 In the context of governmental organizations, “{d]efining precisely the identity of the client and prescribing the resulting obligations of such lawyers may be difficult.”29 Government attorneys “may be authorized to represent several government agencies in intragovernmental legal controversies in circumstances where a private lawyer could not represent multiple private clients”and the “Rules do not abrogate any such authority.”30 In the context of a municipal attorney,the attorney generally only has one client,the municipality itself.31 As such,“since the constituent sub-entities and officials of a city are normally not separate clients of the city attorney,a city attorney’s provision of legal advice on the same matter to constituent sub-entities and officials will not necessarily give rise to a conflict of 26 Cob.RPC 3.1 cmt.1.27 Cob.RPC Rule 3.1.28 Cob.RPC 1.13(a).29 Cob.RPC 1.13 cmt.9. °Cob.RPC Scope cmt.18.31 See Restatement (Third)of Law Governing Lawyers §96 cmt.b (2000)(“The so-called ‘entity’theoryoforganizationalrepresentation...is now universally recognized in American law,for purposes ofdeterminingtheidentityofthedirectbeneficiaryoflegalrepresentationofcorporationsandotherformsoforganizations.”);CA Eth.Op.No.2001-156,2001 WL 34029610 (Cal.State Bar Comm.Prof.Resp.) (interpreting CA ST RPC Rule 3-310(C)which is similar,although not identical,to Cob.RPC 1.7).TheCaliforniaBarEthicsCommitteeconcludedthatacityattorneywithcharterresponsibilitytoprovidelegal advice to both the mayor and council did not have a conflict of interest when advising both branches onthesamemattereventhoughtheyhadconflictingopinions.Id.There was no conflict of interest because the municipal corporation was the client of the city attorney,not the constituent sub-entities and officials ofthecity.Id.See also Salt Lake Cnty.Comm’n v.Salt Lake Co.Atty.,1999 UT 73,985 P.2d 899,905(“The County Attorney has an attorney-client relationship only with the County as an entity,not with theCommissionortheindividualCommissionersapartfromtheentityonbehalfofwhichtheyact.);In reGrandJurySubpoena,866 F.2d 135,138 (6th Cir.1989)(“The fact that the government of Detroit isbifurcatedintoalegislativeandexecutivebranchdoesnotsupportthedistrictcourt’s conclusion that thetwobranchesaredistinctentities.”);State Bar of Montana Ethics Committee Opinions 870513 and940202(concluding a lawyer representing an entity “has only one client,the entity itself”);82 Op.Att’yGen.15 (Md.1997)(County Attorney represents the County entity not County citizens);CharlesThompson,Some Ethical Conundrums for City and County Attorneys,International Municipal Lawyers Ass’n,www.imla.org. 4 Attachment A: Legal Ethics Guidelines interest even if the constituent sub-entities and officials take contrary positions on the matter.”32 In other words,when different City representatives request a legal opinion on the same matter,the City Attorney’s advice to each party should be substantially the same. Absent rare circumstances (see “Multiple Constituent Representation”discussed in subsectionDbelow),no attorney-client relationship exists between the attorneys in the Office and individualelectedofficials,appointees,or employees of the City or its enterprises.Although the City as awholeistheCityAttorney’s client,in general,the Office should endeavor to respect the requestforconfidentialityofcommunicationsfromconstituentrepresentativeswithintheirdefinedareaofauthorityassetforthintheCharter,Code,policy,or law and,absent appropriatecircumstances,should not share confidential communications between the City’s variousconstituentrepresentatives.However,if a constituent representative expresses an intent ordecidestopursueaparticularcourseofactionafteramemberoftheOfficehasgivenadvice that such course of action has negative legal implications to the City,the attorney may sharecommunicationsbetweentheattorneyandtheconstituentwithotherswitharoleinthedecision-making process about the legal advice provided to the constituent.Attorneys may also share constituent communications with other and/or higher level constituent representatives when theattorneyhasadutytoreferthemattertoahigherauthorityasdescribedinthispolicy. B.Duty to Refer to Higher Authority:Attorneys in the Office must provide their bestindependentlegaladvice,and if the constituent representative chooses not to follow suchadvice,the attorney has no further duty unless the conduct is known to be a violation of law orwillsubjecttheCitytoprobablecivilliability.If the constituent representative persists in movingforwardwithconductknowntobeaviolationoflaworwhichwillsubjecttheCitytoprobablecivilliability,the attorney must inform a higher level of authority in the respective branch ofgovernmentuptoandincludingtheMayorwithregardtotheconductofexecutivebranchappointeesandemployees,and City Council with regard to legislative branch appointees.ThisapproachisrequiredbytheRulesofProfessionalConduct1.13(b),which states: If a lawyer for an organization knows that an officer,employee or other person associated with the organization is engaged in action,intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to theorganization,or a violation of law that reasonably might be imputed to the organization,and is likely to result in substantial injury to the organization,the lawyer shall proceed as is reasonably necessary in the best interest of the organization. Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so,the lawyer shall refer the matter to higher authority in theorganization,including,if warranted by the circumstances,to the highest authority thatcanactonbehalfoftheorganizationasdeterminedbyapplicablelaw. If appeal to the highest authority identified does not alter the course of action which is a violationoflaw,or it is the highest authority that is persisting on taking such action,and the attorney reasonably believes substantial injury will result to the City,the attorney may further revealinformationrelatingtothematter.33 Such disclosure must only be to the extent necessary toresolvetheissueand,if possible,steps should be taken to limit access to the information (i.e., requesting protective orders in the judicial context).34 32 CA Eth.Op.No.2001-156,2001 WL 34029610 (Cal.State Bar Comm.Prof.Resp.). Cob.RPC 1.13(c)cmt.6;Cola.RPC 1.6(b). Cob.RPC 1.6cmt.14. 5 Attachment A: Legal Ethics Guidelines C.Duty to Identify the Client to Constituent Representatives:Each attorney workingonamattermustidentifytheconstituentrepresentative(s)of the City with responsibility for theparticularmatteronwhichlegaladviceorrepresentationisundertaken.Attorneys are required to explain the identity of the organizational client to constituents “when the lawyer knows or reasonably should know that the organization’s interests are adverse to those of theconstituentswithwhomthelawyerisdealing.”35 Attorneys must not represent to constituent representatives that they have an individual attorney-client relationship with an attorney or that their communications with the attorney will never be shared,except in circumstances where multiple representation is authorized.36 If in the attorney’s opinion the City’s best interests become adverse to the constituent representative,the attorney may reveal suchcommunicationstoappropriateCityofficialswithinthesamebranchofgovernment.37 D.Multiple Constituent Representation.’In rare circumstances,the Office may haveaseparateattorney-client relationship with constituent representatives for actions involving their official duties.This typically occurs when the City is required by Charter,Code,or state law,to represent one or more individual officials,appointees,or employees in litigation or anadministrativeproceedingforconductoccurringduringthecourseofhisorheremployment38ortheCityisalsoapartyintheproceeding.As a result,the Office may be required to defendtheCityandoneormoreindividualCityemployeessimultaneously.This situation is referred toas“multiple constituent representation”. The Rules of Professional Conduct address conflicts of interest in the context of multiple constituent representation.A concurrent conflict occurs when “(1)the representation of one client will be directly adverse to another client;or (2)there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities toanotherclient,a former client or a third person or by a personal interest of the lawyer.”4° Nevertheless,an attorney may represent multiple clients when a conflict exists if: (a)The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (b)The representation is not prohibited by law; (c)The representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal;and (d)Each affected client gives informed consent,confirmed in writing.41 A conflict of interest may exist at the outset of representation.If informed consent is required, the attorney shall advise the employee of the relevant and material circumstances of the conflict and explain the reasonably foreseeable ways the employee’s interests might be adversely Cob.RPC 1.13(f). 36 CA Eth.Op.No.2001 -1 56,2001 WL 34029610 (Cal.State Bar Comm.Prof.Resp.).Id. 38 Charter §13-80;City Code §1 .2.405;C.R.S.§24-1 0-1 10(1 )(a). The representation of multiple constituents by the Office may occur when,for example,both the City,due to the actions of the police department,and individual police officers,due to their actions occurringwithinthescopeofemployment,are named as parties in a lawsuit.40 Cob.RPC 1.7(a)(emphasis added).41 Cob.RPC 1 .7(b). 6 Attachment A: Legal Ethics Guidelines affected by joint representation.42 The attorney will provide information regarding “theimplicationsofthecommonrepresentation,including possible effects on loyalty,confidentialityandtheattorney-client privilege and the advantages and risks involved in authorizing therepresentation.”43 After fully advising the employee,the attorney should obtain written consentbeforeproceedingwithrepresentation.44 The written consent should be kept with the case file. A conflict of interest may also develop during the course of litigation.The attorney should bemindfulofanypotentialconflictsofinterestthroughoutthecourseoftherepresentation.If aconflictofinterestdevelopsduringthecourseoflitigation,written informed consent must beobtainedforcontinuedrepresentation.An employee may revoke consent at any point.If aconflictariseswhichcannotberesolvedbywritteninformedconsentorifconsentwithheldorgivenbutthenlaterrevokedbytheclient,the attorney may be required to withdraw from therepresentationoftheemployeeorallparties.45 When a client revokes consent,“{w]hether revoking consent ...precludes the lawyer from continuing to represent other clients dependsonthecircumstances,including the nature of the conflict,whether the client revoked consentbecauseofamaterialchangeincircumstances,the reasonable expectations of the other clientandwhethermaterialdetrimenttotheotherclientsorthelawyerwouldresult.”46 The attorney isstronglyencouragedtoadvisetheemployeeinadisclosureletterthattheOfficewillcontinuetorepresenttheCityshouldaconflictarise. In the context of multiple constituent representation,communications between the attorney andtheconstituentclientswillbesharedamongsttheclientstotheextenttheinformationimpacts any member of the client group.47 Privileged communications among the members of the jointrepresentationareprotected.48 Waiver of the attorney-client privilege requires the consent of allclients.49 The privilege is,however,typically waived for claims by one client against another.5° It may be possible for joint clients to agree at the outset to shield information from one anotherintheeventsubsequentadverselitigationensues.51 Attorneys are strongly encouraged to provide a disclosure letter to individual clients.A sampleletterisattachedasanAppendixtothispolicy. E.Prior Legal Employment.The Rules of Professional Conduct address individualconflictsofinterestofgovernmentattorneysarisingfromanyattorney-client relationships of theattorneypriortotheirgovernmentemployment.A government attorney may not participate inmattersinwhichheorshesubstantiallyparticipatedasanattorneypriortoCityemployment 42 Seeid.,cmt.18. Id. “The written consent may be part of an acknowledgement by the employee of the terms ofrepresentation,including any applicable reservation of rights by the City. See Id.,cmt.29 (“Ordinarily,the lawyer will be forced to withdraw from representing all of the clients ifthecommonrepresentationfails.”).46 Id.cmt.22. ‘See Felix v.Ba/kin,49 F.Supp.2d 260,270 (S.D.N.Y.1999);see also Cob.RPC 1.7 cmt 30 (“Withregardtotheattorney-client privilege,the prevailing rule is that,as between commonly representedclients,the privilege does not attach.”).48 See Restatement (Third)of the Law Governing Lawyers §75(1). ‘See Id.at §75(2).50 See Id.;see also Cob.RPC 1 .7 cmt 31 (“[l]t must be assumed that if litigation eventuates betweenclients,the privilege will not protect any such communications,and the clients should be so advised.”).51 See Id.at cmt.d. 7 Attachment A: Legal Ethics Guidelines unless the City gives informed consent.52 In addition,an attorney in the Office may not“negotiate for private employment with any person who is involved as a party or as lawyer for apartyinamatterinwhichthelawyerisparticipatingpersonallyandsubstantially”on behalf oftheCity.53 F.Individual Conflicts:If an attorney concludes he or she has an individual conflictofinterestduetoapersonalrelationship,former client or business relationship,or for any otherreason,the attorney must inform the City Attorney.Appropriate steps will be taken dependingonthenatureoftheindividualconflict. G.Ethical Screens:The Rules of Professional Conduct generally prohibit anyattorneysinalawfirmfromrepresentingaclientwhenanotherattorneyinthefirmcouldnotengageintherepresentationduetoaconflictofinterest.54 However,as noted above,the Rulesalsorecognizethatgovernmentattorneys“may be authorized to represent several governmentagenciesinintragovernmentallegalcontroversiesincircumstanceswhereaprivatelawyercouldnotrepresentmultipleprivateclients”and the Rules “do not abrogate any suchauthority.”55 The creation of ethical walls or screens is common in governmental law offices.56TheOfficewilluseethicalscreensinthecircumstancessetforthbelowandinanyotherappropriatecircumstance. 1.lmpermissible Representation:An attorney of the Office shall not perform dutiesasaprosecutorduringanadministrativeactionorproceedingbeforeanyboard,commission or hearing officer while also serving as legal advisor on the same matter. 2.Ethical Screen Required:In varying contexts (including but not limited to:business license suspension/revocation hearings,liquor license suspensionrevocation/hearings,civil service commission hearings,department appeals of actionstakenbyanyboard,commission,or hearing officer,and Utilities enforcement of pretreatmentmattersagainstUtilities’facilities)attorneys of the Office may be required toprovidelegaladvicetomunicipalboards,commissions,or hearing officers (“legaladvisor”)while another attorney of the Office is charged with prosecuting the matter, advocating on behalf of a party in the proceeding,or assisting department staff inpreparingthemattertobepresentedtotheboard,commission or hearing officer(collectively,“prosecutor”). An attorney of the Office may serve as prosecutor during an administrative action orproceedingbeforeaboard,commission or hearing officer while assigned as the legaladvisortothesameboard,commission or hearing officer in other matters that are notfactuallyrelatedtothemattertheattorneyisprosecutinq.In suchsituations/circumstances,the attorney shall exercise special care to ensure that theattorneydoesnotinadvertentlyprovidelegaladvicetotheboard,commission or hearing 52 Cob.RPC 1.11(d). Id. ‘Colo.RPC 1.10. Cob.RPC Scope cmt.18.56 See Woodard v.Brown,770 P.2d 1373 (Cob.App.1989);Davis v.State Board of PsychologistExaminers,791 P.2d 1198 (Cob.App.1990);Ranum v.Colorado Real Estate Comm’n,713 P.2d 418(Cob.App.1985);Spedding v.Motor Vehicle Dealer Bd.,931 P.2d 480 (Cob.App.1996);Syn,a/k/a 13Pure,Inc.v.City of Colorado Springs,10 CV 2149 (El Paso County Dist.Ct.2010);People v.Shari,204P.3d 453 (Cob.2009);City Code §1.2.402,1.2.403,and 2.1.804. 8 Attachment A: Legal Ethics Guidelines officer regarding the specific matter that the attorney is prosecuting before the board, commission or hearing officer,and shall disclose on the record in such matters that he orshehasnotprovidedandwillnotprovideanylegaladvicetotheboard,commission or hearing officer regarding the specific matter. 3.Ethical Screen Procedure:An ethical screen procedure must be followed to ensure that both the legal advisor and the prosecutor provide legal services that do not violate the Rules of Professional Conduct,due process,the City Code,and other legal ethical rules or decisions.An ethical screen is not appropriate if it results in a violation of the Rules of Professional Conduct or other legal ethical rules and decisions. When an attorney of the Office serves as a prosecutor and another attorney of the Office serves as the legal advisor to a board,commission or hearing officer on the same matter,the following procedures shall apply: (a)Separate Hard Files.57 The prosecutor and the legal advisor shall keep separate and distinct hard files.Neither the prosecutor nor the legal advisor shall seek out or have access to the other attorney’s hard file.The prosecutor’s file folder shall be marked:“FILE FOR PROSECUTOR:ACCESS BY BOARD’S LEGAL ADVISOR PROHIBITED.”For any file the legal advisor may create related to the same matter,the file folder shall be marked:“FILE FOR BOARD’S LEGAL ADVISOR:ACCESS BY PROSECUTOR PROHIBITED.” (b)Separate Digital Files.Digital files for the legal advisor and the prosecutor shall be separate and distinct.Neither the prosecutor nor the legal advisor shall access the other attorney’s digital file related to the matter in front of the board,commission or hearing officer. (c)Discussions Prohibited.The legal advisor and the prosecutor shall not discuss any facts,law,strategy,or tactics that may apply to the case unless legal counsel for the licensee or other person who is the subject of the administrative action is also present.This subsection shall not prohibit either the legal advisor or the prosecutor from discussing ministerial and procedural matters with the municipal or enterprise department bringing the action,the City Clerk,board,commission,or hearing officer,such as settings,hearings,filings,and similar matters. (d)Separate Preparation.The legal advisor and the prosecutor shall conduct all investigation,research,discovery,preparation of exhibits,preparation of witnesses,preparation of pleadings,briefs,and arguments,and all other preparation for the administrative action separately and shall not share any preparatory materials or information.The legal advisor and prosecutor shall strive to separate their functions before the board,commission or hearing officer. (e)Support Staff.Support staff shall not disclose any information in the legal advisor’s file to the prosecutor,or vice versa.When possible,different support staff should perform support services for each attorney. For purposes of this policy,‘hard file”refers to a physical,paper file. 9 Attachment A: Legal Ethics Guidelines (f)Additional Separation of Functions.Where necessary,the City Attorney may impose additional requirements to separate the functions of the legal advisor and the prosecutor. (g)Any attorney subject to an ethical screen on a matter shall notify their supervisor of the existence of the ethical screen. V.Outside Counsel The Code also gives the City Attorney “authority to employ special counsel to assist or conduct litigation and to assist or provide advice on any legal matters arising in the course of businessfortheCityanditsenterprises.”58 Outside counsel will be retained by the City Attorney:(1)when it is necessary to provide representation of the client entity in specialized matters;(2)when,in the opinion of the City Attorney,there is a conflict of interest as outlined by the Rules of Professional Conduct or applicable law or policy;or (3)when workload issues necessitate outside counsel assistance. Any litigation between the executive branch and the legislative branch or involving a City enterprise controlled by a different branch of City government will likely result in an impermissible conflict of interest preventing the Office from representing both branches in the litigation.59 Depending on the circumstances,the City Attorney will engage outside counsel to represent at least one branch of City government.The City Attorney will determine,in his or herdiscretion,whether outside counsel will be retained for both branches,using this policy and theRulesofProfessionalConducttoguidetheexerciseofthatdiscretion. No outside counsel will be retained or paid by the City or its enterprises without a retention agreement specifying the scope of services,the hourly rate,and the coordination of work 58 City Code §1 .2.204(B)(2).The Charter and Code also give City Council authority to,in limited circumstances,‘employ other counsel.”City Charter 13-90(b).These circumstances are hiring outside counsel:(1)“to take charge of any litigation;”(2)to assist the City Attorney;(3)“to conduct litigationwheretheCityAttorneymaybepersonallyorofficiallydisqualified;”or (4)“to investigate the CityAttorney.”City Charter 13-90(b);City Code §1 .2.204(B)(2). See Romley v.Daughton,225 Ariz.521,241 P.3d 518 (Ct.App.Div.1 2010)(when county attorney has a conflict of interest rendering him unavailable to represent the county in certain matters,board ofsupervisorsmayretainoutsidecounseltoadviseinthosematters);Pepe v.City of New Britain,203 Conn.281,524 A.2d 629 (1987)(council had implied authority to hire independent attorney in litigationbetweenmayorandcouncil));Hanna v.Rewkowski,81 Misc.2d 498,365 N.Y.S.2d 609 (Sup.1975) (various municipal boards or branches had implied authority to appoint independent counsel where thereisaclearconflictofinterestthatresultsinlitigationbetweentheboardandanotherboardorbranchwhich is represented by the corporation counsel);Krahmer v.McClafferty,282 A.2d 631,633 (Del.1971)(council could hire outside attorney in lawsuit between the mayor and council because city attorney had conflict of interest after he publicly supported the mayor’s position on the matter);City of Tukwlla v.Todd,563 P.2d 223 (Wash.Ct.App.1977)(council had implied authority to hire independent attorney in lawsuit with the executive branch);but see State v.Volkmer,867 P.2d 678 (Wash Ct.App.1994)(distinguishing Tukwila and denying the town council fees for independent counsel on grounds that the underlying substantive issue had not been resolved in the council’s favor,and also distinguishing Krahmer ongroundsthattherewasnoobviousconflictofinterestwiththecity’s law department);South Portland Civ. Serv.Comm’n.v.City of Portland,667 A.2d 599,601 (Me.1995)(suggesting that implied authority islimitedtocasesinwhichthepartyretainingindependentlegalcounselhasprevailedinthelitigationon the underlying issue). 10 Attachment A: Legal Ethics Guidelines through an assigned attorney.In addition,all bills must be reviewed by the assigned Office attorney and a copy of the bill sent to the Legal Administrator. VI.Confidentiality The Rules of Professional Conduct recognize the attorney’s obligation of confidentiality to theclient,with limited exceptions that permit disclosure of confidential communications.Exceptions to confidentiality include when a representative of an organizational client pursues an unlawfulcourseofaction,6°or upon client waiver after “informed consent.”61 The client,not the attorney, is the holder of the privilege.As such,only the client may waive it.62 Confidentiality applies only where the attorney-client communication was made for the purpose of obtaining legal advice and under circumstances giving rise to a reasonable expectation that the statement will be treated as confidential.63 Determination of whether a confidentialityprivilegehasarisenand,thus,the identity of the person with authority to waive the privilege,isdependentontheidentityoftheclient.The Office’s client is the City organization as a whole. Although the attorneys in the Office generally do not share communications intended by aconstituentrepresentativetobeconfidentialwithotherconstituentrepresentatives,there may be circumstances in which the best interests of the City require such disclosure.64 In the context of the Office or outside counsel hired to represent the City,the City entity,not itsconstituentrepresentatives,holds the privilege.However,a waiver of privileged communications can only occur through those constituent representatives with authority over aparticularlegalmatter.It is the policy of the Office that,in general,only the highest level of authority over a legal matter may waive the City’s privilege.Therefore,the Mayor has authoritytowaivetheprivilegeforallmatterswithintheMayor’s administrative and executive authority, and City Council,by the concurring vote of a majority of its members,has authority to waive the privilege for matters within its legislative authority. The City Attorney should be consulted before any waiver of the City’s attorney-client privilege. Disclosure of privileged information can have serious legal and financial consequences for the City.Protection of confidential communications allows the City Attorney to give policy makers candid legal advice about potential legal vulnerabilities of various courses of action.Protecting privileged information also allows the City Attorney zealously to defend the City’s interest whenacourseofactionischallenged.Inappropriate disclosure of privileged information could provide evidence to a potential adversary to use against the City in a judicial or administrative proceeding. VII.Supervisor Responsibility Over Subordinate Attorneys and Support Staff 60 Cob.RPC 1.6,1.13 cmt.6.61 Cob.RPC 1 .6. 62 This privilege is also codified in Colorado.C.R.S.§13-90-107(1)(b)(“An attorney shall not beexaminedwithouttheconsentofhisclientastoanycommunicationmadebytheclienttohimorhisadvicegiventhereoninthecourseofprofessionalemployment.”).63 Alliance Const.Solutions,Inc.v.Dept.of Corrections,54 P.3d 861,868 (Cob.2002);Lanari v.People,827 P.2d 495,499 (Cob.1992).64 Cob.RPC 1.13(c);Restatement (Third)of Law Governing Lawyers §96 cmt.e (2000)(Attorneys foranorganizationalclientmayprotecttheinterestsoftheentitybydisclosingwithinitcommunicationsgainedfromconstituentswhoarenotthemselvesclientsevenifthedisclosurewouldbeagainsttheinterestsofthecommunicatingperson,of another constituent whose breach of duty is in issue,or of otherconstituents.). 11 Attachment A: Legal Ethics Guidelines Supervisory attorneys must take reasonable steps to ensure subordinate attorneys comply withtheRulesofProfessionalConductandthatnonlawyersdonotengageinconductcontrarytotheattorney’s obligations under the Rules.65 A supervisory attorney may be responsible for anonlawyer’s conduct or a subordinate attorney’s violation of the Rules if the supervisor directstheviolation,is aware of the violation and ratifies the conduct,or has prior knowledge of thepotentialviolationanddoesnottakestepstopreventit.66 VIII.Criminal Prosecutor Responsibilities Actions brought in the City’s Municipal Court are filed in the corporate name of the City ofColoradoSprings“by and on behalf of the people of the state of Colorado.”67 Therefore,a CityProsecutoractsonbehalfofthepeopleofColorado.City prosecutors are members of the CityAttorney’s Office and have additional responsibilities under the Rules of Professional Responsibility.A prosecutor: •Cannot move forward with a charge for which the prosecutor knows there is no probablecausetosupport; •Must make reasonable efforts to assure the defendant has been advised of the right tocounsel; o Is required to disclose exculpatory evidence and mitigating information at sentencing; •Must refrain from subpoenaing an attorney to testify about the attorney’s client unless certain circumstances exist; •Cannot make public comments regarding pending cases and must exercise reasonable care to prevent others involved in the matter from making public comments that increasethelikelihoodtheaccusedwillbepubliclycondemned;and •Must take steps after a conviction to rectify a wrongful conviction.68 City prosecutors shall comply with these special responsibilities in the exercise of their Cityrepresentation. 65 Cob.RPC 5.1(b);Cob.RPC 5.3(b).66 Cob.RPC 5.1(b);Cob.RPC 5.3(b).67 C.R.S.§13.10-111(1)&(2) 68 Cola.RPC 3.8. 12 Attachment A: Legal Ethics Guidelines Page 1 of 3     TOWN COUNCIL REPORT  To:    Honorable Mayor Sarah Smith Hymes and Avon Town Council  From:    Greg Daly, Chief of Police   Meeting Date:  April 30, 2019  Agenda Topic:   INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND OTHER USERS IN  EAGLE COUNTY REGARDING THE GOVERNANCE AND OPERATION OF THE 800MHZ RADIO  SYSTEM      ACTION BEFORE COUNCIL  Action on Intergovernmental Agreement between the Town of Avon, Eagle County and other Eagle  County 800MHz radio users regarding the governance and operations of the 800 MHz radio system.     RECOMMENDED MOTION  I move to approve the Intergovernmental Agreement between the Town of Town, Eagle County and  other Eagle County 800 MHz radio users regarding the governance and operations of the 800 MHz radio  system and authorize Chief Greg Daly to sign the IGA on behalf of the Town of Avon.     SUMMARY  Greg Daly, Chief of Police, is recommending approval of the Intergovernmental Agreement between  the Town of Avon, Eagle County and the other Eagle County 800 MHz radio users regarding the governance  and operations of the 800 MHz radio system. This is a 2.0 refresh of the previous IGA with Eagle County and  the other users, giving more weight to all of the user agencies in the governance and operations of the  system than in the previous IGA.     BACKGROUND    The Town of Avon utilizes the countywide 800 MHz radio infrastructure originally created by and  maintained by the Eagle County Sheriff’s Office and the Eagle County Commissioners. Predominantly  the infrastructure encompasses eleven radio sites/towers spread throughout Eagle County. Avon  Police, Avon Public Works and Avon Transit/ Mobility utilize vehicle and handheld radios that operate  on the Eagle County 800 MHz radio sites/towers system. Whereas the system was previously  significantly funded by Eagle County Government, over the last ten years, the users/subscribers have  been collectively funding the radio system, with Eagle County as one of those user/ subscribers. The  users/subscribers sought to update the IGA to better reflect the current joint operations/ownership  of the system rather than weighing on the Eagle County government side. Eagle County Deputy  Attorney Kathy Parker met on several occasions with the 800 MHz radio governing board and we  collectively developed the attached IGA. Then, Town Attorney Eric Heil reviewed and approved the  IGA.   Page 2 of 3   The current radio infrastructure costs approximately $574k to maintain on an annual basis. The annual  budget includes a full‐time Eagle County employee, the radio systems administrator, and provides for  the annual maintenance and equipment replacement costs for the radio towers.  This $574k also  contributes to a capital replacement reserve for planned and unforeseen expenditure (e.g. lightning  strikes on a radio site/tower) and future capital replacement issues. The current capital fund balance  is approximately $950k for future equipment replacement and/or tower/site expansion. The  operating and reserve accounts are housed with Eagle County.  A new radio tower/site can cost up to  $600k to install and equip.  The cost is divided amongst the 32 user agencies currently on the system.  There are 11 prime user agencies within the 32 agencies. The prime agencies are Eagle County, Eagle  County Health Service District d/b/a Eagle County Paramedic Services, Eagle County School District,  Eagle River Fire Protection District, Eagle River Water and Sanitation District, Greater Eagle Fire  Protection District, Gypsum Fire Protection District, Town of Avon, Town of Eagle, Town of Gypsum  and Town of Vail. This IGA has also been reviewed and approved by legal advisors for the other prime  users.    The current budget costing matrix was created after a comprehensive analysis of the current  requirements and future needs of the county wide radio infrastructure. The costing matrix factors in  a flat rate based on agency size/ number of users and subscriber maintenance costs based on number  of radios and actual radio usage.    The IGA also identifies an executive committee and a technical operations committee which will  continue to provide Town of Avon with voting rights. Chief Greg Daly has previously represented the  Town of Avon on the governing board and will continue to represent the Town of Avon as needed.    As part of the budget, the users pay for Eagle County to employ a radio system administrator who is  responsible for maintaining the radio towers, scheduling maintenance, addressing any system failures  and he also participates in forward strategic planning for the needs of the subscriber agencies.     Use of the system is integral to the safety and security of the Town of Avon. The Avon Police  Department is centrally dispatched on this radio system. This system allows PD officers to interact with  all LAW/FIRE/EMS and CDOT agencies in day to day operations. Public works and Transit also  communicate daily on this radio system.     This IGA has a term exceeding ten years (to Dec 31st, 2030) and under Avon Home Rule Charter,  Section 16.2 Intergovernmental Contracts ‐ the concurring vote of 5 Council members is required for  contracts that exceed 10 years in duration.  On approval, the Police Chief can sign the IGA on behalf of  the Town of Avon.     FINANCIAL IMPLICATIONS  The allotted amounts in the Town’s 2019 budget are as follows:    Police Department    $39,331.27  Public Works Department $5,229.46  Page 3 of 3 Transit      $10,529.17    These amounts are relatively consistent on a year to year basis and generally do not significantly  vary. The amounts can vary dependent on the overall percentage use on the radio system.    ATTACHMENT   Intergovernmental Agreement        COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR USE OF THE 800 MHz SYSTEM IN THE EAGLE RIVER VALLEY THIS AGREEMENT is made this ___ of ___________, 2019 by and among the County of Eagle, Colorado (“Eagle County”); Eagle County Health Service District d/b/a Eagle County Paramedic Services; Eagle County School District; Eagle River Fire Protection District; Eagle River Water and Sanitation District; Greater Eagle Fire Protection District; Gypsum Fire Protection District; Town of Avon, Colorado; Town of Eagle, Colorado; Town of Gypsum, Colorado; Town of Vail, Colorado; each a “User Agency,” or a “Party,” and collectively, the “User Agencies” or the “Parties.” Recitals Whereas, the User Agencies previously entered into a series of individual Agreements for Use of Eagle County’s 800 MHz Wide Area Smartzone Trunked Radio 2010 with Eagle County, governing the use of the 800 MHz radio system (the “Previous Agreement”); and Whereas, the User Agencies wish to supersede the Previous Agreement with the current Intergovernmental Agreement (“IGA”) or (“Agreement”) to provide for continuing access to the System (defined below) by User Agencies and to reallocate the decision-making responsibilities of the User Agencies for the System; and Whereas, the Parties desire to establish terms and conditions to govern the use of and access to the System and to provide for its operation, maintenance, and repair. NOW THEREFORE, the User Agencies agree as follows: 1. The System. The “System” is a radio communications system comprised of sites, infrastructure, and other assets that allow the User Agencies and other users to communicate throughout the state. A user of the System who is not a User Agency is referred to as “System Users”. a. Only organizations that conduct operations as, or are directly affiliated with, public service organizations may be a User Agency or System User. 2. Executive Committee. a. The Executive Committee shall be comprised of up to 13 voting members and at least one advisory, non-voting member, as follows: i. Each User Agency shall designate one (1) representative as a voting member of the Executive Committee for a two-year term, or as necessary. Where possible, each User Agency shall submit the name of its designated representative to the employee designated by Eagle County to manage the day-to-day operations related to the System by January 31st of the applicable year. ii. The Executive Committee may also elect up to two additional at- large voting members on a yearly basis. At large members must be from a User Agency, Cooperating Agency (as defined in Section 5 below), or a System User, provided that no User Agency shall have more than two representatives. iii. No voting member of the Executive Committee shall be an Eagle County employee paid with 800 MHz funds, as contemplated by Section 6(c), below. iv. One advisory, non-voting member shall represent the Vail Communications Center or its successor agency, if applicable. v. The Executive Committee may admit additional advisory, non- voting members as necessary or desirable. Advisory, non-voting members may be from a User Agency, Cooperating Agency, or a System User. b. The Executive Committee shall: i. Make decisions based on the best interests of the users and operation of the System as a whole. ii. Adopt bylaws governing the Executive Committee’s decision- making processes. iii. Adopt policies and procedures governing the execution of any of the functions of the Executive Committee. iv. Adopt rules and regulations as necessary for the use of the System and associated equipment, in accordance with all applicable local, state, and federal rules, regulations, and policies and in accordance with policies or operating procedures set forth by the Consolidated Communications Network of Colorado, Inc. (“CCNC”). v. Provide for training for the use of the System. vi. Grant access to the System by Cooperating Agencies when access will be for the benefit of the citizens and visitors of Eagle County. vii. Agree upon a budget for each year, which must include a fee formula that considers both number of radio units and amount of airtime usage, for the use of the 800 MHz funds to present to the County Finance Department no later than June 1 of each year for approval by the Board during its yearly budgeting process. A proposed fee formula for 2019 is attached as Exhibit B. viii. Decide on how the funds under the charge of the Executive Committee shall be spent, as long as such spending is anticipated by the budget adopted by the Board. ix. Refer any contracts necessary for the System to the Board of County Commissioners for signature. x. Coordinate with all User Agencies and Cooperating Agencies regarding necessary appropriations to cover unforeseen expenses. xi. Appoint steering committees as desired or necessary. xii. Conduct other business as necessary to implement the intent of this Agreement. 3. Technical Operations Committee. a. The Technical Operations Committee (“Tech Ops Committee”) is an existing committee and is comprised of any representative of User Agencies or other users that have an interest in the operations of the system. b. The Tech Ops Committee shall: i. Adopt bylaws governing the Tech Ops Committee’s decision- making processes. ii. Assist in planning for the operation of the System including, without limitation, considering and making recommendations related to talk group names, functions or aliases, or any other programming matters. iii. Meet periodically as needed or at the request of the operations employee, the Chair of the Executive Committee, or the Board of County Commissioners. 4. User Agencies. a. User Agencies own their own equipment and retain control over the equipment they own. b. Each User Agency shall pay reasonable fees for the use of the System, as determined by the fee schedule adopted by the Executive Committee. c. Each User Agency shall adhere to the rules and regulations governing the use of the System, as adopted by the Executive Committee. d. Eagle County holds licenses from the FCC for the operation of the System. Each User Agency and any of its employees, representatives, agents, and volunteers shall comply with all terms of the license, all federal, state, and local laws, orders, and regulations, as well as policies and procedures set forth by the Consolidated Communications Network of Colorado, Inc. (“CCNC”) with respect to the use of the System. 5. Cooperating Agencies. a. All organizations receiving programming and support from the 800 MHz system not identified as a User Agency shall be a Cooperating Agency. The currently- approved Cooperating Agencies are set forth in Exhibit A. b. Cooperating Agencies will charged a fee for use of the 800 MHz System based on the fee schedule adopted by the Executive Committee. 6. Eagle County. a. Eagle County will enter into leases to use as sites for the System. b. Eagle County will enter into contracts as necessary for the operation, maintenance, and repair of the System. c. Eagle County will serve as employer for any employees necessary to ensure the continued operation of the System. Any employees will operate under the County’s general employment policies. All employees will conduct operations for the best interests of all the users of the System under the rules and regulations adopted by the Executive Committee. 7. Prior Agreements. This Agreement supersedes the Previous Agreement. 8. No multiple fiscal year obligation. Obligations in this Agreement are contingent upon each of the Parties appropriating, budgeting, and otherwise making funds available in each year for the purposes herein, in accordance with Article 24, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 9. Term and effective date. This Agreement shall become effective upon signature of an authorized representative of the governing body of a Party. Except as provided herein, this Agreement shall remain in effect until December 31, 2039, unless sooner terminated by agreement of all the Parties, or pursuant to the terms of Sections 10 or 11, below. 10. Termination. Voluntary termination by a Party requires 30 days of advance notice. No refunds are available for fees already paid for a given year. To avoid fees for the subsequent year, notice must be given by no later than June 30. Upon termination of a Party’s participation in the Agreement, whether voluntary or due to a breach, the Party at its own expense shall immediately reprogram its radios containing System programming and parameters, and provide documentation of such reprogramming. 11. Breach. A failure to pay fees owed for use of the System for over 180 days or violation of the rules or regulations for the use of the System is a material breach under this Agreement. The breaching party must demonstrate an attempt to cure the breach within 30 days of notice of the breach by the Executive Committee or by any Party or the Agreement as to the breaching Party shall terminate. 12. Enforcement. Any one or more of the Parties may enforce this Agreement by any legal or equitable means including specific performance, declaratory, and injunctive relief. No other person or entity shall have any right to enforce the provisions of this Agreement. 13. Employment Status. Nothing in this Agreement, and no performance under this Agreement, alters or modifies the employment status of officers, agents, or employees of any of the Parties. 14. Immunity. Nothing in this Agreement waives, limits, or otherwise modifies the governmental immunity that may be available by law to any of the Parties, their officials, employees, contractors, agents, or any other person acting on behalf of any of the Parties. In particular, immunity pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes is not waived. This paragraph shall survive termination of this Agreement. 15. Authority, Governing Law, and Venue. This Agreement is promulgated under the laws of the State of Colorado, including C.R.S. § 29-1-201. Each and every term, provision, or condition herein is subject to and shall be construed in accordance with the provisions of Colorado law, the charters of the Parties, if applicable, and the ordinances and regulations enacted pursuant thereto. Venue shall lie in the County of Eagle. 16. Severability. All agreements and covenants in this Agreement are severable. If a court of competent jurisdiction holds any of them invalid, this Agreement will be interpreted as if the invalid terms were not included. 17. Waiver. No waiver of any breach or default under this Agreement shall be a waiver of any other or subsequent breach or default. 18. No Third Party Beneficiary. The Parties, in their corporate and representative governmental capacities, are the only entities intended to be the beneficiaries of this IGA, and no other person or entity is so intended. 19. Amendments. Amendments to this IGA may be made with consent in writing by all the Parties. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same Agreement. Facsimile signatures shall be acceptable and binding on all parties. 21. Notices. All notices under this Agreement shall be in writing and shall be delivered by certified mail, by email as long as the recipient acknowledges receipt, or hand delivered to the following: Eagle County: Attn: Kevin Kromer 500 Broadway P.O. Box 850 Eagle, CO 81631 kevin.kromer@eaglecounty.us With a copy to: Eagle County Attorney’s Office 500 Broadway P.O. Box 850 Eagle, CO 81631 andrew.owen@eaglecounty.us Eagle County Health Service District: Chris Montera PO Box 990 Edwards, CO 81632 970-926-5750 cmontera@ecparamedics.com Eagle County School District: Sandra Mutchler 948 Chambers Avenue PO Box 740 Eagle, CO 81631 sandra.mutchler@eagleschools.net Eagle River Fire Protection District: Karl Bauer PO Box 2942 Edwards, CO 81632 kbauer@eagleriverfire.org Eagle River Water and Sanitation District: John Mccaulley Field Operations Manager 846 Forest Road Vail, CO 81657 970-477-5452 jmccaulley@erwsd.org Greater Eagle Fire Protection District: Attn: Doug Cupp 425 East 3rd Street PO Box 961 Eagle, CO 81631 dcupp@gefpd.org Gypsum Fire Protection District: Justin Kirkland, Fire Chief 511 Second Street /PO Box 243 Gypsum, CO 81637 970-524-7101 ext. 15 Justin@gypsumfd.com Town of Avon, Colorado: Attn: Greg Daly 100 Mikaela Way PO Box 975 Avon, CO 81620 gdaly@avon.org Town of Eagle, Colorado: Attn: Jenny Rakow, Town Clerk 200 Broadway Street PO Box 609 Eagle, CO 81631 jenny.rakow@townofeagle.org Town of Gypsum, Colorado: Attn: Jeremy Rietmann, Town Manager PO Box 130 Gypsum, CO 81637 jeremy@townofgypsum.com With a copy to: Heath Mosness heath.mosness@eaglecounty.us Town of Vail, Colorado Attn: Dwight Henninger 75 S. Frontage Rd. W. Vail, CO. 81657 DHenninger@vailgov.com [Signature pages to follow] COUNTY OF EAGLE, STATE OF ATTEST: COLORADO, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS BY: _______________________ _______________________ Clerk to the Board of County Jeanne McQueeney, Chair Commissioners DATE: ____________________ EAGLE COUNTY HEALTH SERVICE ATTEST: DISTRICT D/B/A EAGLE COUNTY PARAMEDIC SERVICES _______________________ _______________________ Jeff Kingston, Board of Directors Secretary Jeff Babb, Board of Directors President DATE: ________________ EAGLE COUNTY SCHOOL ATTEST: DISTRICT _______________________ _______________________ DATE: ________________ EAGLE RIVER FIRE PROTECTION ATTEST: DISTRICT _______________________ _______________________ DATE: ________________ EAGLE RIVER WATER AND SEWER ATTEST: DISTRICT _______________________ _______________________ DATE: ________________ GREATER EAGLE FIRE PROTECTION ATTEST: DISTRICT _______________________ _______________________ DATE: ________________ ATTEST: GYPSUM FIRE PROTECTION DISTRICT ______________________ _______________________ Justin Kirkland, Fire Chief DATE: ________________ ATTEST: TOWN OF AVON, COLORADO _______________________ _______________________ DATE: ________________ ATTEST: TOWN OF EAGLE, COLORADO, BY AND THROUGH ITS MAYOR _______________________ _______________________ Jenny Rakow, Town Clerk Ann McKibbin, Mayor DATE: ________________ ATTEST: TOWN OF GYPSUM, COLORADO _______________________ _______________________ DATE: ________________ ATTEST: TOWN OF VAIL, COLORADO _______________________ _______________________ Patty McKenny, Town Manager DATE: ________________ Exhibit A User Agencies Cooperating Agencies Eagle County Government Eagle County Health Service District Eagle County School District Eagle River Fire Protection District Eagle River Water & Sanitation District Greater Eagle Fire Protection District Gypsum Fire Protection District Town of Avon Town of Eagle Town of Gypsum Town of Vail Arrowhead Metro District Bachelor Gulch Metro District Basalt & Rural Fire Protection District Beaver Creek Metro District Cordillera Metro District Bond McCoy Volunteer Fire Vail Valley Medical Center Exhibit B Radio System Invoicing Formula as of [date of adoption] The 2019 invoicing system is based on a tiered funding formula for the 800MHz system. 1. Funding for the anticipated radio infrastructure maintenance cost of each upcoming year will be based on the percentage of radio system usage with the system logs for each talkgroup on an annual basis. Annual usage percentages have been averaged for each agency talkgroup and the dispatch talkgroups which will be divided amongst the agencies who are the users of that dispatch talkgroup based upon their percentage of dispatch center use. 2. Subscriber unit (radios) maintenance will be based each year upon the current cost of the depot service contract. For 2019 the cost is $40 per radio. 3. A contingency fund may be created in later years based upon a capital assessment added to the user agency's fee. Shown as an additional percentage added to the annual fee 4. A Foundation Fee schedule based upon the user agency's inventory (See Table) □ 1- 5 units $500 □ 101-125 units= $26,000 □ 6-10 units $2,000 □ 126-150 units= $34,000 □ 11-25 units $4,000 □ 151-175 units= $40,000 □ 26-50 units $8,000 □ 175-200 units= $46,000 □ 51-75 units= $14,000 □ 201+ Units $52,000 □ 76-100 units= $20,000 The user agencies inventory on May 1st will constitute the means for Foundation Fee Calculation. Any agency adding to their inventory during the year will be charged a $100/year radio fee for the remainder of the current year. Agencies will not receive a refund for reducing their inventory.   TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019  AVON TOWN HALL, 100 MIKAELA WAY  Page 1    1. CALL TO ORDER AND ROLL CALL   Mayor Smith Hymes called the meeting to order at 4:03 p.m. A roll call was taken, and Council members  present were Amy Phillips, Scott Prince, Jennie Fancher, Chico Thuon, Tamra Underwood, and Councilor  Wolf. Also present were Town Attorney Eric Heil, Police Chief Greg Daly, Finance Director Scott Wright,  Recreation Director John Curutchet, Public Works Director Gary Padilla, Town Engineer Justin Hildreth,  Acting Town Manager Preston Neill and Town Clerk Brenda Torres.    2. WORK SESSION  2.1. OVERVIEW OF TOWN’S OUTSTANDING DEBT (ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT)    Scott Wright, Assistant Town Manager/Finance Director, gave a presentation on the types of  municipal debt, as well as the Town's outstanding debt.    3. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING  (MAYOR SMITH HYMES)    4. ACTION TO RESUME THE COUNCIL PUBLIC MEETING (MAYOR SMITH HYMES)    5. APPROVAL OF AGENDA   Mayor Smith Hymes asked for item 9.5.1 and 9.5.2 to be pulled from the Consent Agenda and taken up  after the presentation items. Councilor Wolf asked for items 9.5.3 and 9.5.4 to be pulled from the  Consent Agenda. Councilor Prince asked for items 9.5.7 and 9.5.8 to be pulled from the Consent  Agenda. Councilor agreed to take up item 9.5.7 after the presentation items and they agreed to take  up items 9.5.3, 9.5.4 and 9.5.8 after item 9.4.    6. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA    7. PRESENTATIONS  7.1.   PROCLAMATION IN APPRECIATION OF SERVICE OF VALERIE BARRY (ASSISTANT TOWN MANAGER/FINANCE DIRECTOR  SCOTT WRIGHT)  Scott Wright, Assistant Town Manager/Finance Director, read a proclamation honoring Valerie Barry for  her years of service to the Town of Avon. Valerie recently retired from her position of Finance Manager.  She has worked in the Town's Finance Department for the last 36 years.    7.2.   PROCLAMATION IN APPRECIATION OF SERVICE OF WILLIAM GRAY (PLANNING DIRECTOR MATT PIELSTICKER)   Matt Pielsticker, Planning Director, read a proclamation honoring Willey Gray for his years of service to  the Town of Avon. Willey has served as the Chief Building Official for the Town of Avon since June 21,  2002.            TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019  AVON TOWN HALL, 100 MIKAELA WAY  Page 2    COUNCIL MOVED TO ITEM 9.5.1.     9.5.1.  ACTION ON HAHNEWALD BARN PHASE I PROJECT (ACTING TOWN MANAGER PRESTON NEILL)    Mayor Smith Hymes read a statement about the outcome of the Hahnewald Barn Phase 1  Project Survey. Mayor Smith Hymes made a motion to rescind the action that was taken at  the February 12, 2019 Town Council meeting to proceed with Phase 1 of Scheme B of the  Hahnewald Barn Project. Furthermore, she moved to take no further action on the  Hahnewald Barn Project and direct staff to thank the Eagle River Water and Sanitation  District for their outstanding patience and cooperation and to inform them that the Town of  Avon will not further pursue acquisition of the Hahnewald Barn. Mayor Smith Hymes  opened up the floor for public comments, but no comments were made. Mayor Pro Tem  Phillips seconded the motion and the motion passed unanimously.    COUNCIL MOVED TO ITEM 9.5.2.    9.5.2. APPROVAL OF TOWN MANAGER EMPLOYMENT AGREEMENT WITH ERIC HEIL (ACTING TOWN MANAGER  PRESTON NEILL)   Mayor Smith Hymes made a statement about the town manager recruitment process and  the Council's decision to offer the town manager job to Eric Heil. Councilor Underwood  moved to approve the Town Manager Employment Agreement with Eric Heil. Mayor Pro  Tem Phillips seconded the motion. Kathy Ryan, Michael Cacioppo, Tom Ruemmler and Paula  O'Leary commented on this item. Councilor Wolf explained why he was going to vote no on  the Town Manager Employment Agreement with Eric Heil. The motion passed on a vote of 6  to 1. Councilor Wolf voted no.    COUNCIL MOVED TO ITEM 9.5.7.    9.5.7. RESOLUTION 19‐09 APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT‐OF‐WAY EASEMENT AND  TRENCH, CONDUIT, AND VAULT AGREEMENT ON TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION  (TOWN ENGINEER JUSTIN HILDRETH)   Council discussed this item and there was consensus to not move forward with the project.  Councilor Prince moved to deny Resolution 19‐09, Approving Holy Cross Energy  Underground Right‐Of‐Way Easement and Trench, Conduit, and Vault Agreement on Tract G,  Benchmark at Beaver Creek Subdivision. Mayor Pro Tem Phillips seconded the motion and  the motion carried unanimously.    8. WORK SESSION  8.1. DIRECTION ON AVON LIVE!/LAKE STREET MARKET EVENTS (ACTING TOWN MANAGER PRESTON NEILL)  Lisa Mattis and Kathy Ryan commented on this item. Council gave direction to staff to concentrate on  the Avon LIVE! Concert Series this summer and to hold off on putting on the Lake Street Market.        TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019  AVON TOWN HALL, 100 MIKAELA WAY  Page 3    COUNCIL MOVED TO ITEM 9.5.4.    9.5.4. APPROVAL OF RESOLUTION 19‐04 APPROVING 2019 SPECIAL EVENTS (ACTING TOWN MANAGER PRESTON  NEILL)   Council discussed this item and gave direction to staff to bring this item back on April 30th  with more information about which non‐profit organizations the outside event producers  are planning to have apply for special event permits. Council did not take action on this  item.    9. ACTION ITEMS  9.1.  PUBLIC HEARING RESOLUTION 19‐07, CAPITAL PROJECTS FUND BUDGET AMENDMENT (ASSISTANT TOWN  MANAGER/FINANCE DIRECTOR SCOTT WRIGHT)   Council questioned staff about several proposed budget amendments. Mayor Pro Tem Smith Hymes  opened the public hearing and no comments were made. Councilor Underwood moved to approve  Resolution 19‐07, A Resolution Amending the 2019 Capital Projects Fund Budget, with the changes  noted by Scott Wright. Mayor Pro Tem Phillips seconded the motion and the motion carried  unanimously.    9.2.  FINDINGS OF FACT AND RECORD OF DECISION FOR MAJOR DEVELOPMENT APPLICATION – LOT 5 RIVERFRONT  SUBDIVISION DUPLEXES (PLANNING DIRECTOR MATT PIELSTICKER)  Councilor Prince and Councilor Fancher recused themselves from this item. Councilor Underwood  moved to approve the Findings of Fact and Record of Decision on Major Development Plan Application  for Two Duplexes on Lot 5, Riverfront Subdivision. Mayor Pro Tem Phillips seconded the motion and the  motion passed on a vote of 5 to 0. Councilor Prince and Councilor Fancher did not vote.    Councilor Prince left the meeting at 7:47 p.m.    9.3. FIRST READING ORDINANCE 19‐03 APPROVING CODE TEXT AMENDMENTS FOR INCLUSIONARY HOUSING  REQUIREMENTS AND DEVELOPMENT BONUS (PLANNING DIRECTOR MATT PIELSTICKER)   David McWilliams, Town Planner, presented to Council the proposed amendments for inclusionary  housing requirements and development bonus.  Councilor Underwood moved to continue this  item to the May 14th Council meeting. Mayor Pro Tem Phillips seconded the motion and the  motion passed unanimously by Council members present. Councilor Prince was absent.    9.4. FIRST READING ORDINANCE 19‐01 AMENDING THE AVON MUNICIPAL CODE TO AUTHORIZE FEE WAIVERS AND TAX  EXEMPTIONS FOR AFFORDABLE HOUSING PROJECTS (TOWN ATTORNEY ERIC HEIL)   Council did not take action on this item. Direction was given to figure out a process for community  input on the proposed amendments.          TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019  AVON TOWN HALL, 100 MIKAELA WAY  Page 4    COUNCIL MOVED TO ITEM 9.5.3.    9.5.3. APPROVAL OF RETAINER AGREEMENT FOR INTERIM TOWN ATTORNEY SERVICES WITH HOFFMAN, PARKER,  WILSON, & CARBERRY, P.C. (ACTING TOWN MANAGER PRESTON NEILL)  Councilor Underwood made a motion to approve the Engagement Letter for Interim Town  Attorney services with Hoffman, Parker, Wilson, & Carberry, P.C. Mayor Pro Tem Phillips  seconded the motion and the motion passed on a vote of 5 to 1. Councilor Wolf voted no  and Councilor Prince was absent.    COUNCIL MOVED TO ITEM 9.5.8.    9.5.8. APPROVAL OF MINUTES FORM MARCH 12, 2019 REGULAR COUNCIL MEETING (ACTING TOWN CLERK  BRENDA TORRES)   Mayor Smith Hymes, on behalf of Councilor Prince who had left the meeting, provided an  edit to the minutes. Mayor Pro Tem Phillips moved to approve the minutes as amended.  Councilor Underwood seconded the motion and the motion passed unanimously by Council  members present. Councilor Prince was absent.    ADDED ITEM – JOINT COLUMN/LETTER  Mayor Smith Hymes asked if Council was in support of the Town being included in a jointly  written Vail Daily Column/Letter between the Town of Avon, Eagle County and Town of Vail  concerning climate action‐related legislation. Councilor Fancher moved to approve the  letter. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously by  Council members present. Councilor Prince was absent.    9.5. CONSENT AGENDA   9.5.5. AUTHORIZATION FOR MAYOR SMITH HYMES TO SIGN A LETTER OF SUPPORT TO SENATOR MICHAEL        BENNET AND REPRESENTATIVE JOE NEGUSE REGARDING THE COLORADO OUTDOOR RECREATION AND  ECONOMY ACT (ACTING TOWN MANAGER PRESTON NEILL)    9.5.6. APPROVAL OF WATER MAIN BILL OF SALE TO EAGLE RIVER WATER AND SANITATION DISTRICT FOR  NOTTINGHAM ROAD SIDEWALD PROJECT (PROJECT ENGINEER JIM HORSLEY)    9.5.9. APPROVAL OF MINUTES FORM MARCH 15, 2019 SPECIAL COUNCIL MEETING           (ACTING TOWN MANAGER PRESTON NEILL)     9.5.10. APPROVAL OF MINUTES FORM MARCH 20, 2019 SPECIAL COUNCIL MEETING          (ACTING TOWN MANAGER PRESTON NEILL)   Councilor Fancher moved to approve the remaining items on the Consent Agenda (9.5.5, 9.5.6,  9.5.9 and 9.5.10). Councilor Underwood seconded the motion and the motion passed on a vote  of 5 to 1. Councilor Wolf voted no and Councilor Prince was absent.       TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019  AVON TOWN HALL, 100 MIKAELA WAY  Page 5    10. WRITTEN REPORTS  10.1. UPDATE ON AVON’S OPPORTUNITY ZONE DESIGNATION (ACTING TOWN MANAGER PRESTON NEILL)  10.2. ZAGSTER BIKE SHARE PROGRAM UPDATE (MOBILITY DIRECTOR EVA WILSON)  10.3. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)  10.4. ABSTRACTS FROM MARCH 19, 2019 AND APRIL 2, 2019 PLANNING AND ZONING COMMISSION MEETING   (PLANNING DIRECTOR MATT PIELSTICKER)  10.5. UPPER EAGLE REGIONAL WATER AUTHORITY MARCH 28, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)    11. MAYOR & COUNCIL COMMENTS & MEETING UPDATES    Council Thuon congratulated Brenda Torres on her recent appointment to the Town Clerk position. Mayor Pro Tem Phillips gave an update on the EGE Air Alliance and air service out of Eagle County  Airport. Mayor Smith Hymes thanked Preston Neill and Scott Wright for their service in the Acting  Town Manger role.      12. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO  NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24‐6‐ 402(2)(E) CONCERNING A PROPOSED SPECIAL EVENT.  Executive Session for the purpose of determining positions relative to matters that may be subject to  negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. §24‐6‐ 402(2)(e) concerning a proposed special event began at 9:19 p.m. Executive Session ended at 9:37  p.m. Councilor Wolf left the room at 9:37 p.m.      13. ADJOURNMENT   There being no further business to come before Council, Mayor Pro Tem Phillips moved to adjourn the  regular meeting. Councilor Thuon seconded the motion and the motion passed unanimously by Council  members present. Councilor Wolf and Councilor Prince were absent. Regular meeting adjourned at 9:38  p.m.                        These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to  include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting  are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at  www.highfivemedia.org.    TOWN OF AVON, COLORADO  AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019  AVON TOWN HALL, 100 MIKAELA WAY  Page 6           RESPECTFULLY SUBMITTED:                                                       ________________________________                                                              Brenda Torres, Town Clerk    APPROVED:  Sarah Smith Hymes ___________________________________    Amy Phillips  ___________________________________    Jake Wolf  ________________________________    Chico Thuon  ________________________________    Jennie Fancher   ________________________________    Scott Prince  ________________________________    Tamra N. Underwood ________________________________  TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Justin Hildreth, Town Engineer Meeting Date: April 30, 2019 Topic: West BENCHMARK ROAD ON STREET PARKING PROJECT UPDATE ACTION BEFORE COUNCIL Provide direction regarding the project design, additional funding and the addition of a storm water quality vault to remove pollutants before discharging into the railroad ditch and ultimately the Eagle River. BACKGROUND The 2019 Capital Projects Fund has $440,000 budgeted to design and construct on-street parking spaces on West Benchmark Road in front of the Season’s building. This project was envisioned as part of the Town Center West plan and Town Owned Properties Plan. Construction is scheduled for fall 2019. SUMMARY The attached project narrative and preliminary design outlines the project. The Planning and Zoning Commission approved the Minor Development Plan application on April 2, 2019. The geotechnical report determined that the soils are worse than originally anticipated and recommends excavating 2-feet of soil and replacing it with more suitable soil. This will add an estimated $103,000 to the project cost and bring it over the $440,000 project budget. The project budget will have to be amended once bids are submitted and the Notice of Award is presented to Town Council. The existing poor soils are not suitable for a rain garden or permeable pavers and a storm water quality vault is the recommended alternative. The vault will collect pollutants before discharging into the rail road ditch and ultimately the Eagle River. The vault will treat storm water for this project, the recreation center parking lot, Mikaela Way, and Town Hall parking lot. The vault will be a new project in the capital project fund and would cost approximately $71,000. BUDGET IMPLICATIONS If Council directs Staff to continue with the West Benchmark Road on-street parking and adding the water quality vault, the Capital Project Fund will have to be amended to include these changes. ATTACHMENTS A Project Narrative B Preliminary Design ARCHITECTURE • PLANNING • INTERIORS • LANDSCAPE ARCHITECTURE P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 West Benchmark Road Parking and Drainage Improvements Minor Development Plan Application Project Description: The West Benchmark Road Parking and Drainage Improvements project is located within the West Benchmark road right of way, between Lake Street and Lettuce Shed lane. The goals of the project are to provide additional parking in the Town Center area, address existing drainage issues, enhance the aesthetics of the road, and improve pedestrian circulation in the area. The additional (26) parking stalls have been located along the south side of the road and are oriented at a 45-degree angle to the eastbound travel lane. This parking stall orientation is common throughout the adjacent streets in this area and we feel that it provides a good balance between parking and landscape areas. The 45-degree orientation also provides for an area of loading space behind the parked cars that will allow skiers gearing up for a day on the slopes to be out of the adjacent traffic lane. There is also a 30” wide concrete drainage pan along the north edge of the parking stalls that will further define the loading space and serve as a narrow pedestrian walkway along the south edge of the road. The drainage pan will also collect run-off from the proposed parking stalls and direct it into one of the three rain gardens along the south edge of the road as part of the stormwater treatment system. Where the drainage pan abuts a landscape area or rain garden, we have included a gravel strip that will act as a buffer to filter out sediment and keep any errant drivers from damaging the landscaping. The landscape design of the project is meant to compliment the design of other public rights of way around Benchmark Road by utilizing similar plantings and significantly reducing the amount of lawn area. We have strategically located two landscape islands within the parking stalls to breakup the paved areas and provide for snow storage areas in the winter. These islands will be planted with tall perennials and grasses to improve the aesthetics of the roadway, while not impeding snow removal. There is also a 5’ wide landscape strip along the south edge of the parking stalls that will have similar plantings and larger trees. The existing Ash trees at the east and west ends of the project will be preserved and serve as bookends to the new landscape. At the intersection of Mikaela Way and Benchmark Rd, we have included a larger rain garden that will showcase a variety of grasses arranged in a radial pattern with an area of flowering perennials in the center. The overall landscape design is meant to be xeric and will significantly reduce water consumption. The final key improvement included in this project are the extensions of the Benchmark Road sidewalk at the intersection of Mikaela Way. The current sidewalk configuration forces pedestrians to travel north on Mikaela Way in order to cross the street, which is not an intuitive route for pedestrians continuing along Benchmark Road. The proposed design will extend the sidewalk on Benchmark road straight to the intersection and provide a much more direct and intuitive crossing at Mikaela way. This intersection will also receive new drain inlets to mitigate stormwater runoff that has historically created flooding issues in the library basement. Attachment A Z E H R E NA N D A S S O C I A T E S ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE West Benchmark Road Parking and Drainage Improvements Avon, CO Minor Development Plan Submittal YARNELL CONSULTING& CIVIL DESIGN, LLC PROJ E C T A R E A Railr o a d T r a c k s River f r o n t L a n eMikaela WaySeasons Building Old Fire Station Library Transit Center West B e n c h m a r k R o a dLake StreetMarch 13, 2019 Attachment B po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org Town of Avon Zehren and Associates, Inc. West Benchmark Road Parking and Drainage Improvements March 13, 2019 YARNELL CONSULTING & CIVIL DESIGN, LLCSurveyScale: 1” = 30’ 0 30’15’60’ Attachment B po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org Town of Avon Zehren and Associates, Inc. West Benchmark Road Parking and Drainage Improvements March 13, 2019 YARNELL CONSULTING & CIVIL DESIGN, LLCExisting Conditions Scale: 1” = 30’ 0 30’15’60’ Railr o a d T r a c k s River f r o n t L a n eMikaela WaySeasons Building Old Fire Station Library Transit Center West B e n c h m a r k R o a dLake StreetBus S t o p Existing Turf Lawn Existing Shrubs Existing Trees Existing Trees Existing Parking Existing Road Existing Sidewalks Existing Sidewalk Mikaela Way & Benchmark Rd. IntersectionBenchmark Rd. Looking East Southern Property Line Looking West Southern Property Line Looking East Attachment B po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org Town of Avon Zehren and Associates, Inc. West Benchmark Road Parking and Drainage Improvements March 13, 2019 YARNELL CONSULTING & CIVIL DESIGN, LLC Scale: 1” = 30’ 0 30’15’60’Proposed Conditions Illustrative Site Plan Railr o a d T r a c k sMikaela WaySeasons Building Rain Garden Angled Parking Spaces (9’ x 24’) Loading Space Behind Cars Asphalt Road Overlay Concrete Drainage Pan (2.5’ Wide) Proposed 5’ Xeric Landscape Strip (Grasses, Perennials, and Trees) Existing Trees to be Preserved Future Sidewalk Extension Old Fire Station Library Transit Center New Rain Garden West B e n c h m a r k R o a dLake StreetProposed Sidewalk Extensions PARKING SUMMARY (26) Proposed Parking Spaces (9) Existing Parking Spaces (Re-Striped) 35 Total Parking Spaces Bus S t o p Re-Striped Existing Parking (Reduction of Five Spaces) Site Section Scale: 1/4” = 1’- 0”Property LineAngledParking LandscapeStrip DrainagePan Driving Lanes(Existing) Existing Sidewalk 22’6.5’2.5’2’15’5’Parking Enlargement Plan2%2%2%HPxSlop e Rain Garden River f r o n t L a n e Section LineAttachment B po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org Town of Avon Zehren and Associates, Inc. West Benchmark Road Parking and Drainage Improvements March 13, 2019 YARNELL CONSULTING & CIVIL DESIGN, LLCSite Area Calculations 74 4 1 7 4 4 2 7 4 4 0 7 4 3 9 7 4 3 8 LEGEND: PROPOSED IMPERVIOUS AREA 5,664 SF PROPOSED SNOW STORAGE AREA 4,050 SF (71.5% OF PROPOSED IMPERVIOUS AREA) PROPOSED LANDSCAPE AREA 5,326 SF EXISTING IMPERVIOUS AREA 22,396 SF SCALE: 1"=30' 2/26/19 0 15' 30' 60' BENCHMARK ROAD PARKING AND DRAINAGE IMPROVMENTS AVON, CO Scale: NTS Re-Striped Existing Parking (Reduction of Five Spaces) Proposed Parking Spaces Landscape Area Snow Storage Area Railr o a d T r a c k s River f r o n t L a n eMikaela WayOld Fire Station Library West B e n c h m a r k R o a dLake StreetSeasons Building PARKING SUMMARY (26) Proposed Parking Spaces (9) Existing Parking Spaces (Re-Striped) 35 Total Parking Spaces IRRIGATION AREA CALCULATIONS LANDSCAPE AREA PROVIDED 5,326 SF TOTAL IRRIGATED AREA 2,545 SF (48% OF LANDSCAPE AREA) SPRAY AREA 351 SF (14% OF LANDSCAPE AREA) DRIP AREA 2,194 SF (86% OF LANDSCAPE AREA) Attachment B po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org Town of Avon Zehren and Associates, Inc. West Benchmark Road Parking and Drainage Improvements March 13, 2019 YARNELL CONSULTING & CIVIL DESIGN, LLC Scale: 1” = 30’ 0 30’15’60’Proposed Materials and PlantingMikaela WayOld Fire Station Library Transit Center West B e n c h m a r k R o a dLake StreetBus S t o p Bark Mulch Perennials Russian Sage Concrete Pan Gravel Edge Birch Tree Black Hawthorne Grasses Rain Garden Attachment B 30" CONCRETEPANSTRIPING, TYPFLUSH CURBRUN DOWNTO RAIN GARDEN, TYPMIKAELA WAYBENCHMARK ROADNEW SIDEWALK(REF CIVIL)RAIN GARDEN(PERENNIALS)GRASSESORNAMENTALTREE, TYPSMALL BERMRAIN GARDEN OVERFLOWPERENNIALSGRAVEL EDGEPERENNIALBORDERRAIN GARDEN(PERENNIALS)SMALL BERMRAIN GARDEN OVERFLOWRUN DOWNTO RAIN GARDEN, TYPGRAVEL EDGEEXISTING TREESTO REMAIN, TYPEXISTING TREESTO REMAIN, TYPMATCHLINE BARK MULCHGRAVEL EDGESEASONS BUILDINGASPHALTOVERLAYEXISTING SIDEWALKSHADE TREE, TYP744174427443744074397438EXISTING TURFAREA TO REMAINDRAININLETSSTRIPINGSTRIPING,TYPEXISTINGPARKINGLAKE STREET RAIN GARDEN OVERFLOWMATCHLINE ASPHALTOVERLAY7438PLANT LEGEND:DECIDUOUS TREES Black Hawthorn (3" CAL)QTY - 3Crataegus douglasiiRocky Mountain Splendor Birch (3" CAL)QTY - 2Betula 'Rockimon'SHRUBSEUROPEAN SNOWBALL (5 GAL)QTY -9Viburnum opulus 'Roseum'RED ELDERBERY (5 GAL)QTY - 4Sambucus racemosa 'Sutherland Gold'COPPERTINA NINEBARK (5 GAL)QTY - 9Physocarpus opulifoilius 'Coppertina'RUSSIAN SAGE (5 GAL)QTY - 21Physocarpus opulifoilius 'Coppertina'ORNAMENTAL GRASS (5 GAL)MIXED SPECIES (SEE LIST)QTY - 109PERENNIALSMIXED SPECIES (1 GAL)QTY - 943 SF(SEE LIST)LANDSCAPEUNIT QTYBIG TUNA MUGO (5 GAL)QTY - 1Pinus mugo 'Big Tuna'2114TOTAL LU FOR TREES = 35419109921TOTAL LU FOR SHRUBS = 153TOTAL LU FOR PERENIALS = 2GRAND TOTAL LANDSCAPE UNITS = 241SYMBOL LEGEND:EXISTING TREES TOBE PRESERVED (4)ASPHALTCONCRETEGRAVEL490 SFLIMIT OF WORKEXISTING TREES TO BEREMOVED (3)BARK MULCH3,200 SFLANDSCAPEUNIT QTY1644TOTAL LU = 51SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING & CIVIL DESIGN, LLC P.O. BOX 3901, EAGLE, COLORADO 81631 (970) 323-7008 ISSUE / REVISION DATE: DATE THE DESIGNS SHOWN HEREIN INCLUDING ALL TECHNICAL DRAWINGS, GRAPHIC REPRESENTATION & MODELS THEREOF, ARE PROPRIETARY & CAN NOT BE COPIED, DUPLICATED, OR COMMERCIALLY EXPLOITED IN WHOLE OR IN PART WITHOUT THE SOLE AND EXPRESS WRITTEN PERMISSION FROM YARNELL CONSULTING & CIVIL DESIGN, LLC. DESIGN BY: DRAWN BY: REVIEWED BY: PROJECT NO.: WEST BENCHMARK ROAD PROJECT PARKING & DRAINAGE IMPROVEMENTS LAKE STREET TO AVON STATION AVON, COLORADO J. GREGG J. GREGG P. CAMPOS 19.001 3/12/19L2.11LANDSCAPE PLAN 1" = 20'-0" (22" X 34" SHEET)10'20' 40'0LANDSCAPEPLANL2.1L2.11LANDSCAPE PLAN 1" = 20'-0" (22" X 34" SHEET)PERENNIAL PLANT LISTScientific NameCommon NameLilium 'Star Gazer'Oriental LilyLilium lancifoliumTiger LilyCalamintha nepeta 'Blue Cloud'CalamintCoreopsis grandiflora 'Mayfield Giant' Mayfield Giant Large Flower TickseedCoreopsis roseaRose CoreopsisEchinacea 'Flame Thrower'Hybrid ConeflowerEchinacea 'Glowing Dream'Hybrid ConeflowerHemerocallis fulvaOrange DaylilyHemerocallis x hybrid RAINBOW RHYTHM Rainbow Rhythm Tiger Swirl DaylilyLilium 'El Divo'El Divo LilyMonarda 'Gardenview Scarlet'Bee BalmSalvia nemorosa 'Blue Marvel' Blue Marvel SalviaSalvia x sylvestris 'Schneehugel' SNOW HILL Snow Hill SageHylotelephium x hybrid ROCK 'N GROW Rock 'N Grow Maestro Autumn StonecropSedum spectabile 'Neon'StonecropORNAMENTAL GRASS LISTScientific NameCommon NameAndropogon gerardiiBig Blue StemCalamagrostis x acutiflora 'Karl Foerster' Feather Reed GrassDeschampsia cespitosa 'Northern Lights' Tufted Hair GrassHelictotrichon sempervirensBlue Oat GrassMiscanthus sinensisMaiden Hair GrassPanicum virgatum 'Cheyenne Sky' Switch GrassNOTES:1. ALL TREE AND SHRUB PLANT BEDS ARE TORECEIVE A MINIMUM OF 3" DEPTH OF BARKMULCH.2. IRRIGATION SYSTEM TO BE MOISTURE SENSORAUTOMATED AND TIME CLOCK OPERATED.SHRUBS, TREES, AND PERENNIALS TO BE DRIPOR MICRO SPRAY TYPE IRRIGATION.3. SILT FENCE OR HAY BALES ARE TO BE PLACEDAT THE LIMIT OF CONSTRUCTION AS NEEDED TOPREVENT EROSION AND SEDIMENTATION. ACONSTRUCTION FENCE WILL BE PLACED AT THELIMIT OF DISTURBANCE WHERE THE SILT FENCEOR HAY BALES ARE NOT USED.IRRIGATION AREA CALCULATIONSLANDSCAPE AREA PROVIDED 5,326 SFTOTAL IRRIGATED AREA2,545 SF (48% OF LANDSCAPE AREA)SPRAY AREA (EXIST TURF)351 SF (14% OF LANDSCAPE AREA)DRIP AREA2,194 SF (86% OF LANDSCAPE AREA)Attachment B SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING & CIVIL DESIGN, LLC P.O. BOX 3901, EAGLE, COLORADO 81631 (970) 323-7008 ISSUE / REVISION DATE: DATE THE DESIGNS SHOWN HEREIN INCLUDING ALL TECHNICAL DRAWINGS, GRAPHIC REPRESENTATION & MODELS THEREOF, ARE PROPRIETARY & CAN NOT BE COPIED, DUPLICATED, OR COMMERCIALLY EXPLOITED IN WHOLE OR IN PART WITHOUT THE SOLE AND EXPRESS WRITTEN PERMISSION FROM YARNELL CONSULTING & CIVIL DESIGN, LLC. DESIGN BY: DRAWN BY: REVIEWED BY: PROJECT NO.: WEST BENCHMARK ROAD PARKING & DRAINAGE IMPROVEMENTS LAKE STREET TO AVON STATION AVON, COLORADO J. YARNELL J. YARNELL J. YARNELL 19.001 3/13/2019811SITE PLANC1Attachment B SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING & CIVIL DESIGN, LLC P.O. BOX 3901, EAGLE, COLORADO 81631 (970) 323-7008 ISSUE / REVISION DATE: DATE THE DESIGNS SHOWN HEREIN INCLUDING ALL TECHNICAL DRAWINGS, GRAPHIC REPRESENTATION & MODELS THEREOF, ARE PROPRIETARY & CAN NOT BE COPIED, DUPLICATED, OR COMMERCIALLY EXPLOITED IN WHOLE OR IN PART WITHOUT THE SOLE AND EXPRESS WRITTEN PERMISSION FROM YARNELL CONSULTING & CIVIL DESIGN, LLC. DESIGN BY: DRAWN BY: REVIEWED BY: PROJECT NO.: WEST BENCHMARK ROAD PARKING & DRAINAGE IMPROVEMENTS LAKE STREET TO AVON STATION AVON, COLORADO J. YARNELL J. YARNELL J. YARNELL 19.001 3/13/2019811OVERALLGRADING PLANC2Attachment B SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING & CIVIL DESIGN, LLC P.O. BOX 3901, EAGLE, COLORADO 81631 (970) 323-7008 ISSUE / REVISION DATE: DATE THE DESIGNS SHOWN HEREIN INCLUDING ALL TECHNICAL DRAWINGS, GRAPHIC REPRESENTATION & MODELS THEREOF, ARE PROPRIETARY & CAN NOT BE COPIED, DUPLICATED, OR COMMERCIALLY EXPLOITED IN WHOLE OR IN PART WITHOUT THE SOLE AND EXPRESS WRITTEN PERMISSION FROM YARNELL CONSULTING & CIVIL DESIGN, LLC. DESIGN BY: DRAWN BY: REVIEWED BY: PROJECT NO.: WEST BENCHMARK ROAD PARKING & DRAINAGE IMPROVEMENTS LAKE STREET TO AVON STATION AVON, COLORADO J. YARNELL J. YARNELL J. YARNELL 19.001 3/13/2019811DETAILEDGRADING PLANC2.1Attachment B SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING & CIVIL DESIGN, LLC P.O. BOX 3901, EAGLE, COLORADO 81631 (970) 323-7008 ISSUE / REVISION DATE: DATE THE DESIGNS SHOWN HEREIN INCLUDING ALL TECHNICAL DRAWINGS, GRAPHIC REPRESENTATION & MODELS THEREOF, ARE PROPRIETARY & CAN NOT BE COPIED, DUPLICATED, OR COMMERCIALLY EXPLOITED IN WHOLE OR IN PART WITHOUT THE SOLE AND EXPRESS WRITTEN PERMISSION FROM YARNELL CONSULTING & CIVIL DESIGN, LLC. DESIGN BY: DRAWN BY: REVIEWED BY: PROJECT NO.: WEST BENCHMARK ROAD PARKING & DRAINAGE IMPROVEMENTS LAKE STREET TO AVON STATION AVON, COLORADO J. YARNELL J. YARNELL J. YARNELL 19.001 3/13/2019811DETAILEDGRADING PLANC2.2Attachment B SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING & CIVIL DESIGN, LLC P.O. BOX 3901, EAGLE, COLORADO 81631 (970) 323-7008 ISSUE / REVISION DATE: DATE THE DESIGNS SHOWN HEREIN INCLUDING ALL TECHNICAL DRAWINGS, GRAPHIC REPRESENTATION & MODELS THEREOF, ARE PROPRIETARY & CAN NOT BE COPIED, DUPLICATED, OR COMMERCIALLY EXPLOITED IN WHOLE OR IN PART WITHOUT THE SOLE AND EXPRESS WRITTEN PERMISSION FROM YARNELL CONSULTING & CIVIL DESIGN, LLC. DESIGN BY: DRAWN BY: REVIEWED BY: PROJECT NO.: WEST BENCHMARK ROAD PARKING & DRAINAGE IMPROVEMENTS LAKE STREET TO AVON STATION AVON, COLORADO J. YARNELL J. YARNELL J. YARNELL 19.001 3/13/2019811DETAILEDGRADING PLANC2.3Attachment B SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING & CIVIL DESIGN, LLC P.O. BOX 3901, EAGLE, COLORADO 81631 (970) 323-7008 ISSUE / REVISION DATE: DATE THE DESIGNS SHOWN HEREIN INCLUDING ALL TECHNICAL DRAWINGS, GRAPHIC REPRESENTATION & MODELS THEREOF, ARE PROPRIETARY & CAN NOT BE COPIED, DUPLICATED, OR COMMERCIALLY EXPLOITED IN WHOLE OR IN PART WITHOUT THE SOLE AND EXPRESS WRITTEN PERMISSION FROM YARNELL CONSULTING & CIVIL DESIGN, LLC. DESIGN BY: DRAWN BY: REVIEWED BY: PROJECT NO.: WEST BENCHMARK ROAD PARKING & DRAINAGE IMPROVEMENTS LAKE STREET TO AVON STATION AVON, COLORADO J. YARNELL J. YARNELL J. YARNELL 19.001 3/13/2019811OVERALL UTILITYPLANC3Attachment B 1 | P a g e TOWN COUNCIL REPORT To: Mayor Sarah Smith Hymes & Town Council From: Greg Daly, Chief of Police Meeting Date: April 30, 2019 Topic: AVON POLICE DEPARTMENT UPDATE AND 2018 ANNUAL REPORT DEPARTMENT OVERVIEW The Avon Police Department (APD) is a full-service municipal law enforcement agency responsible for 24/7 service to the Town of Avon, with an official population of 6447, (2010 U.S Census) and an estimated 10,000 seasonal population. We celebrate the 40th anniversary of the department which was established by town ordinance on March 27, 1979. The Department consists of nineteen (19) sworn police officers, one (1) part time police sergeant, two (2) non-sworn administrative employees, one (1) part time non-sworn administrative employee, one (1) part time seasonal (Summer) non-sworn community response employee. The 2019 Avon Police Department adopted budget is $3,889,510, which is 19.30% of the Town’s general fund operating expenditures. Avon Police employees focus our collective attention on the Department’s Mission Statement “We serve to better our community”, to our motto of “Count on Us” and to our Departmental Goals on a day-to-day basis to ensure the safety and security of residents and visitors in our community. We operate under our Oath of Honor and our core values of Benevolence (We are kind, compassionate and treat all with dignity and respect) Unity (We are guardians and peacekeepers of our community) Improvement (We constantly seek to improve ourselves individually and as a team) Leadership (We inspire others through our actions and words) Dedication (We are committed to our victims, to our community and to each other) ADMINISTRATION OF THE DEPARTMENT The Avon Police Department is led by Police Chief Greg Daly and is assisted by Deputy Chief Coby Cosper. There are five front line supervisors, four Patrol Sergeants and a Detective Sergeant. Each Patrol Sergeant oversees three (3) police officers (one squad has one sergeant and two officers). The thirteen (13) Patrol Officers and four (4) Patrol Sergeants work 11.5-hour shifts. The Detective Sergeant supervises a detective, who collectively investigate major crimes, narcotic investigations and manages major programs such as Police Training. The men and women of the Avon Police Department sincerely appreciate the continued support of the Avon Town Council and Town Manager for the police department and their unswerving passion for public safety of our citizens and guests. 2 | P a g e SIGNIFICANT DEPARTMENT ACTIVITY SINCE LAST NOV 13, 2018 WRITTEN REPORT TO COUNCIL ➢ Deputy Chief Cosper with the assistance of Public Works Director Gary Padilla and Town Engineer Justin Hildreth successfully completed the Town of Avon Hazard Mitigation Plan which was approved by FEMA. This ensures that TOA is eligible for FEMA's Hazard Mitigation Grant Program, Pre-Disaster Mitigation Grant Program, and Flood Mitigation Assistance Program through April 1, 2024. ➢ Avon Officers responded to a burglary in progress at a town restaurant. The officers apprehended the suspect after short foot pursuit. ➢ Sgt. Jamison regularly delivers “Alive at 25” youth driver education trainings at the police department. The training is funded by a CDOT grant. ➢ Master Police Officer Peck has been recently promoted to squadron commander of the Civil Air Patrol (CAP) post at the High-Altitude Army National Guard Aviation Training Site at Eagle Airport. MPO Peck was recently promoted to the rank of Captain in CAP. Colorado Wing- Civil Air patrol is an auxiliary of the U.S. Air Force. The CAP provides education and life skills to local cadet teenagers. ➢ After a comprehensive hiring processes, we successfully hired new police officers Alan Hernandez, Reece Ellsworth and Zach Haynes. We also hired Lilian “Patty” Henninger as our new administrative assistant. Both Alan and Patty are bilingual in English and Spanish. ➢ We delivered active shooter response training for 40 employees at the Walking Mountains Nature and Science center. ➢ We conducted our first tobacco compliance check, to ensure that our tobacco retailers are complying with our new ordinance, ensuring that they are selling tobacco products to persons over 21. Eight of the nine retailers passed. The retailer that failed the check has already put new procedures/policies in place to avoid this issue in the future. ➢ We delivered several Active shooter response trainings for Westin Riverfront/East West Partners staff through English and Spanish. ➢ We successfully prosecuted a sex assault suspect, with the assistance of DNA evidence. He was sentenced to a ten-year Department of Corrections community corrections sentence for sex assault case. ➢ Avon PD is a nationally accredited agency through the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®). Less than 1% of law enforcement agencies in the US are accredited through CALEA. We are the smallest agency in Colorado to be accredited through CALEA. We have just completed year three of a four-year accreditation assessment cycle. Under Senior Administrative Services Officer Krista Jaramillo’s leadership, we were found to be 100% compliant to the Commission standards. In addition, we just had our accreditation renewed through the Colorado Association of Chiefs of Police (CACP). We are proud to be accredited by the CACP. It reflects all the hard work that the men and women at the Avon Police Department complete 24 hours a day, 365 days a year to serve to better our community. 3 | P a g e We will be audited in September 2019 for year 4 of the 4-year cycle and we will have a site visit/ assessment in October 2019. ➢ Avon Police officers arrested an individual for driving under the influence of suspected drugs. The suspects’ car was inventoried. During the inventory, an Avon Officer became unwell. He was subsequently medically checked and was cleared. The Eagle County Sheriff’s Office Drug K-9 Echo subsequently alerted to the vehicle. There were some concerns regarding items in the vehicle that could be used in a clandestine meth lab. Avon Police applied for and were granted a search warrant. We followed hazardous materials protocols for searching. With the assistance of personnel and equipment from the Eagle River Fire Protection District, Vail Fire, Vail Public Safety Communications Center, BELFOR Environmental, and two clan lab certified officers from the TRIDENT drug task force out of Garfield County, we executed the search warrant. We determined that the concerning items were not evidence of a clan lab in the vehicle. However, clan labs can be very dangerous and one by-product of a lab, Phosphine gas, can be lethal if inhaled. As you can understand, we go by the adage “Better to be safe than sorry”. The execution of the warrant also provided an excellent training opportunity for our respective services for this kind of infrequent but very dangerous type event. All suspects are presumed innocent unless proven guilty in a court of law. ➢ Chief Greg Daly was honored to present Officer Mike Lundblade with a Master Police Officer badge. The Master Police Officer status recognizes Mikes’ 20 years of service to the community in Avon, his dedication and commitment to his family at the Avon Police Department and the professional police skills and experience he has mastered over the last 20 years. ➢ Officer Al Zepeda, his wife Kathleen and Deputy Lisa Vasquez (Eagle County Sheriff’s Office) attended the 2019 Colorado Special Olympics Law Enforcement Torch Run Kick Off Conference. Officer Zepeda and Deputy Vasquez accepted the “Serve us” award from Colorado Special Olympics recognizing Eagle County Law Enforcement agencies for our collective “Tip a Cop” fundraising activities in 2018. Avon PD, Vail PD, Eagle County Sheriff’s Office, Eagle PD and the Colorado State Patrol 4C Troop are all very proud of our collective fundraising for our local special Olympics athletes. ➢ The Police Executive Research Forum (PERF) released a report to provide guidance to law enforcement agencies across the country, of various sizes and types, with guidance about how to create programs for building strong relationships with immigrant communities. PERF is considered one of the most influential police research and policy development organizations in the United States. The men and women of the Avon Police Department are proud to be included in this report together with our law enforcement and civilian partners as part of the Eagle County Law Enforcement Immigrant Alliance (LEIA). The LEIA is made of representatives from Catholic Charities, Avon Police Department, Vail Police Department, Eagle County Sheriff’s Office, Eagle Police Department, Eagle County School District, Vail Valley Salvation Army, Eagle County Government, Bright Future Foundation, YouthPower365 and Latino residents of Eagle County. This study researched how to strengthen relationships between law enforcement and immigrant communities nationwide and has showcased the work, experience and initiatives of the Eagle County LEIA as a model for other law enforcement agencies throughout the United States. See Pages 37 through 55 specific to the Eagle County LEIA at https://www.policeforum.org/…/PoliceImmigrantCommunities.pdf 4 | P a g e ➢ Vail Daily writer Randy Wyrick attended and wrote a four-article series about the 10th annual Citizens Academy hosted by the Avon Police Department in collaboration with the Eagle County Sheriff’s Office, Vail Police Department and the Eagle Police Department. ➢ Avon Police, Eagle River Fire District with the assistance of Vail Public Safety Communications Center responded to three e-mail hoax bomb threats in Avon. With the assistance of property managers, we ensured there were no suspicious packages or devices on the premises. It was determined that these incidents were part of the apparent nationwide email hoax/threats. ➢ Children from Avon Elementary School were escorted by Avon Police Officers on the “Shop with a Cop” event. We shopped with the kids at Walmart and then bused over to the Four Seasons in Vail, where we assisted the kids in wrapping their presents. The kids were picked by AES school administration to participate in the event. We joined Vail PD Officers, Colorado State Troopers, Vail Fire Dept. with other kids from Redstone Elementary School. Thanks also to Jim and Eva from Avon Mobility/Transit for the return bus trips. Thanks to the Battle Mountain High School Boys Basketball team, Dance Team and Girls soccer team for helping to wrap the presents with the kids. Officer Gail McFall (Vail PD), Brian Flynn (Vail PD) and Officer Eric Benson (Avon PD) coordinated and were integral to the success of this very special event. ➢ Chief Daly, Deputy Chief Cosper and Sgt. Dammen were honored to receive, on behalf of the men and women of the Avon Police Department, the 2018 Colorado Attorney General’s “Law Enforcement Agency of Excellence Award”. Attorney General Cynthia H. Coffman presented the award during the Peace Officer Standards and Training (POST) board meeting at the Attorney Generals offices in Denver. This award “recognizes a law enforcement agency that has exhibited excellence, innovation and leadership in its approach to crime prevention, investigative work, community outreach and training.” We very much appreciated the Attorney General and the selection committee recognizing the passionate committed work that the men and women do 24 hours a day to serve and protect the all our citizens, residents and guests of the Town of Avon. ➢ Chief Greg Daly attended a community meeting with residents at the Aspens Mobile Home Park. The meeting was organized by the community manager Agustina Del Hoyo. Francisco Barraza with VVI Colorado volunteered to provide interpretation. Chief Daly spoke about many subjects to include immigration concerns, arrest procedures, bear issues, Colorado Parks and Wildlife activities, EC Alert system and the Latino Police Academy. ➢ Avon Police were honored to assist with the delivery of Thanksgiving good packages on behalf of the Vail Valley Salvation Army. ➢ The officers and staff at Avon PD remembered our fallen veterans and thanked our current veterans in our community for their service on Veterans Day. Avon PD has nine veterans who currently serve as Avon Police Officers. We have two US Navy, three US Marine Corps and four US Army veterans. ➢ Avon PD was down six officers for significant periods over the last four months- three new officers have been in training or academy and three officers were recovering from surgeries, two of which were work related injuries. Officers had to come in on their days off to work overtime shifts to maintain skeleton staffing on the street. Thank you to all staff for working 5 | P a g e through a difficult time while maintaining a high level of professional service to our residents and guests. ➢ We celebrated the final night for another fun and successful community Kids, Cops and Hoops basketball program. Avon PD Officers Brad Stamp, Corey Baldwin and Sgt. Churches ran this program over the last five months on Tuesday evenings at the Avon Elementary school (thanks Principal Dana Harrison for the AES gym use). Fun was had by all the kids who dropped in for some quality basketball time with their public servants. We ended the program with some celebratory pizza. ➢ The Gore Range Narcotics Interdiction Team (GRANITE) drug task force executed nine arrests regarding the distribution of cocaine, meth, LSD, and MDMA in Avon in 2018. Avon PD officers and detectives continue to work collaboratively with the Eagle County Sheriff and Vail PD task force detectives in apprehending and prosecuting drug dealers out of our community. ➢ We hosted a successful and fun Ski with a Cop on Beaver Creek mountain. We were joined by new friends from Ohio, Texas, Leadville and Summit county. ➢ We hosted a “Coffee with a Cop” event at Starbucks on Hurd Lane. It was another opportunity to have some great interactions with community members and guests to Avon. ➢ We provided a four-week basic self-defense class for female staff members at the Westin Riverfront/ East West Partners at their request. ➢ After an extensive investigation, interviews, crime scene investigation, and in collaboration with the 5th Judicial District Attorney’s Office, we successfully obtained a plea resulting in a 20- year Department of Corrections sentence for the attempted murder, stabbing suspect. ➢ Sergeant Eric Benson and Sergeant Tyler Churches were promoted having participated in an intensive sergeant promotional assessment center. They started the process with a month- long study program on three important books, the Colorado Peace Officers Handbook, Criminal Evidence, an Introduction to Constitutional Principles for Searches, Seizures, Interrogation and Identification and National Incident Management System (NIMS), U.S. Department of Homeland Security. The candidates then started the assessment day with a written test- they had to write a response to a community member with a concern. Then they have three separate panel interviews; • Present an incident command response to a missing child and answer interview questions. • Deal with two sperate role play scenarios- a disgruntled father whose son was arrested and an employee with some personal issues. • The candidates were tasked with an in-basket exercise- multiple supervisor related tasks, which they had to sort through and decide on priority and present their reasoning for a panel. This was followed by interview questions. Eighteen assessors from partner first responder agencies, Town of Avon staff and community members assisted in this important promotional process. 6 | P a g e ➢ Avon PD was honored to establish and host the Eagle County Regional Reserve Academy in 2018/2019. This academy was established to seek reserve certification for our two paramedics and one trauma surgeon who serve as tactical medics on the Eagle County Special Operations Unit. Sgt. Ken Dammen- Avon PD, Academy Director, prepared the curriculum, the scheduling of instructors and lesson plans to submit for approval to the Colorado Post Officers Standards and Training Board as a new police academy. After graduation, Sheriff Van Beek swore the three medics in as new reserve deputy sheriffs. ➢ APD hosted a trauma informed interviewing training facilitated by the Colorado District Attorneys Council at the Avon Police Department. This training provides a better process for interviewing victims who have suffered trauma and explains the physiological effects on the brain from extreme trauma. ➢ Sergeant Eric Benson continues to spend a lot of time as the School Resource Officer in the Avon Elementary School. Eric assists with traffic control at the school in the morning. He walks the school on a security check and has lunch with the kids. He has presented to the kids on the “impact of your words”. He presented an active shooter response training to the school staff. We will be recruiting a new school officer from our officer ranks for the 2019/2020 school year. ➢ Sgt. Holmstrom continues as a member of the steering committee for the Treetop Forensic Interview and Child Advocacy center based in Breckenridge for our collective 5th Judicial District. He has been working on setting up the center through funding from a variety of governmental sources. The Town of Avon though the Avon Police Department is contributing $5,000 to the program for child forensic interviews. ➢ Officer Zepeda executed an excellent 3rd annual Polar Plunge fundraiser for Special Olympics. Over $7,500 was fundraised for Special Olympics. ➢ Avon PD was the 3rd place team in men’s advanced ski race at the 46th Colorado Peace Officers Ski & Snowboard Race in Golden Peak. The team consisted of Sgt. Dammen, Sgt. Benson and Officer Mackey. Thank you to Vail PD for hosting the Ski races. ➢ The Police Department, in partnership with Vail Resorts, and through the Eagle County Sheriff’s IGA, completed another great season of the Law Enforcement Ski Program at Beaver Creek. This program allows officers to ski as police officers and assist the Sheriff with operations on the mountain during an off-duty/secondary work agreement. The officers are compensated a ski-pass for participating in the program. The season has been very successful with lots of great community interactions and very positive feedback from ski resort employees. Five Avon PD officers assisted ski patrol with last day events on Beaver Creek Mountain. ➢ Chief Greg Daly continues as the board president and actively participates with the Speak up Reach out Suicide Prevention Coalition. Chief Daly also participates in the Total Health Alliance, the Mental Health Advisory Committee to the Eagle County Board of County Commissioners and the Systems Group, where the Vail Health Board recently announced a $60 million investment in improving mental health services in Eagle County with a further goal to fundraise a further $100 million over the next ten years. 7 | P a g e Avon Police Department Org Chart 2019 8 | P a g e 2018 ANNUAL REPORTING OF CRIME AND TRAFFIC STATISTICS I would again like to preface that the following statistical information should in no way minimize the hurt and trauma that every victim experience as the victim of a person crime or property crime. An increase or decrease in a particular crime category should not take away from our commitment to seek justice for every victim in every instance. We continue to believe that our success in keeping crime rates low in Avon is supported by high visibility patrol, community engagement and trust building with our residents and guests. The Avon Police Department is committed to serving to better our community through reducing crime and improving traffic/community safety through community partnerships, education, and by enforcement of laws. This document contains year-to-year historical crime reporting and traffic data, which highlights highs and lows in activity. There are many variables that contribute to crime and traffic crashes: such as weather, staffing, philosophy, prioritization, special events, population, economy, etc. Secondly, this memorandum contains 2018 crime/traffic data as compared to 2017 and 2016. Lastly, additional programs and community projects that the Police Department is working on are documented. YEAR-TO-YEAR CRIME/TRAFFIC REPORTING The Police Department captures a wide variety of data and statistics for a variety of reasons. Crime data is sent to the Colorado Bureau of Investigation (CBI) and in turn to Federal Bureau of Investigation (FBI) for documentation in National Incident-Based Reporting System (NIBRS) and the Uniformed Crime Report (UCR). NIBRS collects data on 46 Group A and 10 Group B offenses. UCR collects on 8 Part I crime index offenses. The latest usa.com crime index available is from 2014 and lists the Avon crime Index at 1,253. Colorado’s index is listed as 1,525.87 and the USA national average is 1,669.05. Additionally, the Police Department compares statistical data against the Annual Benchmark Cities Survey, which is a nearly two decade long comparative police performance analytics. Twenty-nine (29) law enforcement agencies from throughout the country participate in this survey including Boulder, Ft. Collins, and Lakewood, Colorado. The latest available annual data for this national survey is 2017. (http://www.opkansas.org/maps-and-stats/benchmark-cities-survey/) 9 | P a g e AVON POLICE DEPARTMENT 2007-2018 ACTIVITY STATISTICS, JANUARY 1-DECEMBER 31, 2018 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Total Crimes Reported 1438 1227 869 786 908 613 667 912 937 740 798 827 Group A Crimes 571 562 438 368 440 372 313 388 381 320 313 359 Group B Crimes 867 665 431 418 468 241 354 524 556 420 487 468 Clearance Rate .49 .41 .43 .43 .48 .59 .44 .40 .50 .49 .43 .51 Total Reports 1453 1338 952 897 1111 1015 925 912 972 840 901 855 Calls for Service 21215 19359 13364 14382 16905 16213 13829 16909 16302 16039 22890 20632 Traffic Accidents 204 253 177 170 161 142 174 148 148 159 159 154 Traffic Accidents ETOH/Drug 14 16 14 6 8 7 10 12 8 9 7 7 Total Arrests 722 607 366 334 384 450 435 501 509 379 392 392 Adult Arrests 654 549 350 291 363 419 413 478 485 358 365 354 Juvenile Arrests 68 58 16 43 21 31 21 23 24 21 27 38 Felony Arrests 117 86 70 39 71 88 54 50 66 49 53 71 Sexual Offenses 2 4 6 6 12 12 4 10 9 7 11 14 Robbery 5 2 1 1 0 0 0 2 1 0 2 0 Burglary 33 41 38 28 24 9 11 12 10 13 7 13 Larceny 164 155 153 149 160 87 129 159 154 133 109 113 Motor Vehicle Theft 13 17 7 9 4 1 4 6 6 9 7 5 Assault 90 74 42 48 41 37 36 45 53 47 43 67 Arson 0 0 0 0 2 1 1 3 1 0 0 0 Forgery/Counterfeiting 29 38 25 9 5 5 4 9 6 8 3 5 Fraud 42 48 32 20 17 28 32 27 27 21 27 20 Vandalism 104 117 94 54 64 51 72 69 76 64 63 65 Weapon Offense 6 9 1 1 3 4 0 6 4 2 4 6 Narcotics 80 50 36 41 101 135 15 36 29 15 34 41 DUI 154 153 93 78 118 89 105 150 156 100 133 108 Liquor Laws 52 37 17 31 25 23 23 16 20 13 14 15 Disorderly Conduct 59 42 25 26 30 33 24 19 27 14 20 27 Domestic Violence 84 64 30 40 41 38 55 37 30 39 33 43 Traffic Stops 2055 2126 2383 2860 4691 4299 3283 4302 3470 2328 2281 1985 Total Traffic Warnings 1143 1098 1434 1811 3101 2523 2371 3275 2599 1706 1620 1561 Written Traffic Warnings 1170 1463 1378 Traffic Summons Speeding Avon Wildridge WBC BL EBC BL Swift I 70 Metcalf Nottingham 614 233 70 11 19 9 5 91 16 11 772 340 80 1 49 33 6 139 21 8 663 312 57 8 101 35 13 36 9 44 782 393 63 15 86 31 7 147 22 19 1192 379 31 2 46 7 6 265 3 17 961 275 16 3 36 6 13 191 1 7 701 118 5 2 9 6 2 85 3 4 820 169 14 4 22 5 2 103 7 7 615 182 7 13 24 14 2 91 18 7 545 244 14 7 11 17 8 169 2 2 508 283 15 6 11 15 4 223 1 5 309 112 5 1 29 8 2 41 1 17 Safety Belt 25 0 86 410 407 365 316 143 115 46 48 Child Safety Seats 2 2 8 3 7 1 5 0 0 2 3 Criminal Summons Odor Complaints 2 0 0 0 0 0 0 0 0 0 0 0 Animal Control Warnings 30 20 25 33 19 12 10 28 58 151 106 119 Animal Control Summonses 34 13 27 9 6 7 11 3 6 13 3 7 Wildlife Protection Ordinance (CFS) 103 62 55 23 11 40 3 29 5 37 6 9 Wildlife Protection Ordinance Summonses 20 0 7 0 0 2 0 1 5 0 0 0 Bear Calls 106 16 108 38 35 131 18 60 26 64 37 49 Smoking Violation Summonses 7 2 0 0 0 0 0 0 0 0 0 0 Smoking Violation Warnings 3 4 0 0 0 0 0 0 0 0 0 0 Group A crimes include: Homicide, Kidnapping/Abduction, Robbery, Assault, Arson, Extortion, Burglary, Larceny/Theft, Motor Vehicle Theft, Counterfeiting, Fraud, Embezzlement, Stolen Property, Vandalism, Drug/Narcotic Offenses, Sex Offenses, Pornography/Obscene, Gambling Offense, Prostitution, Bribery and Weapon Violations. Group B crimes include: Bad Checks, Curfew/Loitering, Disorderly Conduct, DUI, Family Offenses, Liquor Law Violations, Peeping Tom, Runaway and Trespass. 10 | P a g e CRIME/TRAFFIC STATISTICS AND CALLS FOR SERVICE During 2018, Vail Public Safety Communication Center dispatched 4,996 calls for service (CFS) to the Avon Police Department (4,712 in 2017, 4,561 in 2016, 4,442 in 2015). Avon officers generated 15,325 self-initiated (SI) calls for service, which include traffic stops, building checks, foot patrols, extra patrols as requested by community members. An additional 310 calls for service were generated in Avon and were primarily dealt with by the dispatch center. In 2017, Avon PD officers generated 16,873 SI CFS, in 2016 11,478 SI CFS and 11,860 in 2015 (these figures include a small number of calls that were handled directly by the dispatch center). The 2017 Benchmark Cities Survey shows that the average number of annual calls for service per 1,000 citizens is 462.9. Calls for service in Avon have been significantly higher over the last three years at 707 in 2016, 731 in 2017 & 775 in 2018. This indicates that the Avon Police Department is busier than the average law enforcement agency in citizen 911 and other response requests, which may be an indicator of public trust. Community members call when they need assistance, whether emergent or not. In 2018, Avon PD officers conducted 2,395 directed patrols to reduce crime and increase visibility throughout the Town of Avon, either at request by community member or business or crime deterrence. These directed patrols included foot patrol in Nottingham Park, traffic enforcement in Wildridge, trail heads in Wildridge and at the end of Nottingham and parking monitoring in the core. We completed 899 hours of foot patrol. We completed 480 hours of bike patrol. 11 | P a g e AVON POLICE DEPARTMENT RESPONSE TIMES The Police Department, as part of our annual performance matrix, measures response times to calls for service. These times are documented and calculated through the Vail Public Safety Communications Center. Calls for service are broken into four priorities, which are: Priority 1 & 2: Life or property in immediate threat or just occurred. Units respond immediately, lights and sirens. Priority 3: Normal everyday calls for service, needs to be handled in a timely manner. Priority 4: Calls can be held for a period of time. In practice, Priority 1 and 2 calls are considered life safety emergent calls and are treated as the same category. The 2017 Annual Benchmark Cities Survey indicates that the average response time for Priority 1 responses is 5:56 minutes for the twenty-nine (29) agencies surveyed. The survey does not break down Priority 1 or 2 as does the Vail Public Safety Communications Center; however, the Avon Police Department’s 2018 response time for emergency calls (Priority 1 and 2) at 3:07 is significantly less than the 5:56 minute survey average. 2016 Priority 1 – 00:40:06 (1 Priority 1 event) (This is an anomaly, because the time the officer arrived on scene was not logged, therefore eschewing the overall time) Priority 2 – 00:04:15 Priority 3 – 00:10:04 Priority 4 – 00:05:58 2017 Priority 1 - 00:01:20 Priority 2 - 00:03:43 Priority 3 - 00:13:45 Priority 4 - 00:09:39 2018 Priority 1 - 00:00:00 Priority 2 - 00:03:07 Priority 3 - 00:14:16 Priority 4 - 00:08:46 CRIME REPORTING/INCIDENT REPORTS 12 | P a g e During 2018, total crimes reported was marginally higher as compared to 2017, 827 versus 798. ALCOHOL/DRUGS Persons under the influence of alcohol and/or drugs continue to be a root cause of crime, especially in relation to crimes against person’s incidents and driving under the influence cases. Officers made 108 DUI arrests in 2018. DUI related crashes remained the same at seven for 2018 and 2017. Avon PD narcotic arrests increased from 34 in 2017 to 41 in 2018. ARRESTS 740 840798 901827 855 Total Crimes Reported Total Incident Reports Crime Reporting Annual Comparison 2016 2017 2018 15 7 100 5 7 9 34 11 133 4 11 7 41 6 108 5 6 7 Narcotics Marijuana DUI DUID DUI Marijuana DUI Crashes Alcohol/Drugs Annual Comparison 2016 2017 2018 13 | P a g e These arrest statistics include full custodial arrests, where the subject is booked into the Eagle County Detention Facility (ECDF), arrests that are processed at the Avon Police Departments booking area and field summons and release for more minor offenses. Due to the distance to the Detention Facility and inmate population at ECDF, Avon Officers attempt to summons and release or process at the Avon Police Department booking facility on the more minor offenses whenever possible to ensure the Officers are within the town boundaries as much as possible. In 2018, there was the same number of arrests 392 as in 2017 but within that statistic, there was an increase in felony arrests at 71 from 53 in 2017. PROPERTY CRIMES Property crimes remain at historic lows. In 2018, theft/larceny increased slightly from 109 to 113. Burglary increased from 7 to 13, like the 2016 figure of 13. Vandalism incidences of 65 was similar to 2017 at 63. In comparison to the 2017 Benchmark Cities Survey, the average annual number of burglaries per 1,000 residents is 3.6. Avon’s average is 2.02. 379 49 392 53 392 71 Total Arrests Total Felony Arrests Arrests Annual Comparison 2016 2017 2018 14 | P a g e In comparison to the 2017 Benchmark Cities Survey, the average annual number of auto thefts per 1,000 residents is 2.2. Avon has seen an average of 1.08 over the last 3 (three) years. CRIMES AGAINST PERSONS Avon had zero robberies in 2018 as compared with two robberies in 2017. Reported sex offenses have increased from 11 to 14. Assaults increased from 43 to 67. Domestic violence incidences increased from 33 to 43. In comparison to the 2017 Benchmark Cities Survey, the average annual number of reported domestic violence incidences per 1,000 residents is 5.5. Avon’s index for 2017 was 6.67. In comparison to the 2017 Benchmark Cities Survey, the average annual number of reported rape offenses is .44 and sexual offenses (excluding rape) per 1,000 residents is .5. Avon has seen a rate significantly higher than this average for each of the last three years at 1.09 in 2016, 1.71 in 2017 and 2.17 in 2018. 2.02 1.08 3.6 2.02 Avon Burglary Rates Benchmark Cities 2017 Burglary Rates per 1,000 Citizens Annual Comparison 2016 2017 2018 15 | P a g e The Avon Police Department tracks clearance rates for the most serious crime. Some crimes have high solvability rates such as narcotic arrests and assaults, while other crimes like some sexual assaults, 16 | P a g e burglaries, and theft have lesser solvability rates. The Avon Police Department has an average clearance rate that is higher than the Benchmark Cities Survey Part I average. TRAFFIC CRASHES Traffic Crashes in 2018 were reported at 154, down from 159 in 2017 and 2016. There were 7 (seven) impaired driving related accidents, 4.5% of total crashes. Most of crashes in Avon occur on Interstate 70, Avon Road, Beaver Creek Boulevard, Beaver Creek Place, and Metcalf/Nottingham Roads. These are our most traveled roadways. The 2017 Benchmark Cities Survey indicates that the crash rate for 1,000 citizens annually is 21.8. Factoring this average would equate to 140 crashes in Avon annually. The 2018 injury accidents included: ➢ 2 (non-incapacitating) out of the 22 collisions on I-70 ➢ 6 (1 non-incapacitating, 5 complaint of injury) of 38 collisions on Avon Road ➢ 2 (1 Incapacitating, 1 complaint of injury) of 16 on Metcalf/Nottingham ➢ 2 (1 non-incapacitating, 1 complaint of injury) of 16 on Post Blvd ➢ 6 from other locations in town (4 non-incapacitating, 2 complaint) TRAFFIC ENFORCEMENT In 2018, Avon Police Officers conducted 1,985 traffic stops (2,281 in 2017 & 2,328 in 2016) 17 | P a g e In respect to the 1,985 traffic contacts, Avon Officers issued 309 traffic citations/summonses and 108 DUI summonses. This enforcement accounts for 21.00 % of all traffic contacts and inversely, we provided warnings/ requests for behavioral change to 78.99% of our traffic contacts. This statistic also reflects our philosophy of striving to gain behavioral change for priorities like impaired driving, speeding and not wearing a seat belt. As you can see, the clear majority of traffic contacts end up with a cordial warning and encouragement to fulfill our collective social obligation to be safe drivers on our roads for all our residents and guests. Other important statistics include the 2018 ethnic breakdown of our traffic stops to include educational warnings and tickets: ➢ 25.81% of our traffic stops were with persons of Hispanic ethnicity; 17.48% Hispanic males and 8.33% Hispanic females. This compares with 49% of our census population who report Hispanic heritage ➢ 45.48% of our traffic stops were with Caucasian males ➢ 22.63% of our traffic stops were with Caucasian females ➢ 2.08% were with African males ➢ .55% was with African American females Out of 1,985 traffic contacts there were three complaints filed regarding unprofessionalism. The three complaints were thoroughly investigated by a supervisor. All the complaints were determined to be unfounded and the officers were exonerated. However, as a byproduct of one of the complaints, an officer completed some educational remedial training. The 2017 Benchmark Cities Survey lists the average number of annual traffic citations per 1,000 citizens at 140. This compares with 65 citations per 1,000 citizens in Avon, which is well below the survey data average. 18 | P a g e ### FISCAL YEAR 2019 FINANCIAL REPORT April 30, 2019 ______________________________________________________________________________________ 1. Financial Report Memorandum 2. Sales Tax Report – February 3. Accommodations Tax Report – February 4. Real Estate Transfer Tax Report – February 5. Recreation Center Admissions – February 6. General Fund Year-To-Date Expenditures – February 7. Fleet Maintenance Fund Year-To-Date Expenditures – February 8. Mobility Fund Year-To-Date Expenditures – February TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Nelly Burns, Senior Accountant Meeting Date: April 30, 2019 Agenda Topic: Fiscal Year 2019 Financial Report –February 2019 SUMMARY Revenues SALES TAX • Sales tax revenue for the month of February totaled $809,165.90, a 3.02% increase from the previous year and a 1.52% negative variance over the original cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. • Monthly sales tax collections by industry compared to one year ago have increased $5,278 for Home/Garden, $10,109 for Grocery/Specialty/Health, $18,703 for Accommodations, and $1,932 for Restaurants/Bars, and $3,977 for Service Related businesses. Monthly sales tax collections have decreased ($2,309) for Liquor Stores, ($5,390) for Sporting Good Retail/Rental, ($8,194) for Miscellaneous Retail, ($139) for Other businesses. • Year-to-date sales tax revenues through February have increased 1.06% over the previous year, which is $17,117.12 over the previous year and $2,999.09 under original budget estimates. - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 Sales Tax Comparison by Industry Feb-18 Feb-19 New and Renewed Business, Contractor & Sales Tax Licenses Issued in February Business License - Fixed Location 22 Business License - Home Occupation 6 Business License - Short Term Accommodation 16 Business License – Special Event 4 Business License - Vendor 35 Contractor License 16 Liquor License 1 Sales Tax License 25 Grand Total 125 ACCOMMODATIONS TAX • Accommodations tax revenue for month of February totaled $203,190.38, a 4.30% increase from the previous year and a 2.90% positive variance from the original cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. • Monthly accommodations tax collections increased $3,055.87 for time shares, $11,556.74 for hotels, and $2,430.53 for vacation rentals compared to February 2018. - 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 Time Shares Hotels Vacation Rentals Accommodation Tax by Type Feb-19 Feb-18 REAL ESTATE TRANSFER TAX • Real estate transfer tax collections for the month of February totaled $298,730.16, an increase of 10.81% from the previous year and a positive variance of 45.77% over the original cumulative monthly budgets, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. Real Estate Transfer Tax (RETT) Transactions January RETT Transactions which paid 2% tax 9 RETT Exemptions for Primary Residence 2 RETT Exemptions for Full Exemption 2 Deed Restricted & Tax Exempt 0 RETT transactions still pending response from owner 7 Grand Total 20 RECREATION CENTER ADMISSIONS • February’s admission fees totaled $64,868.20 a 14.59% decrease from the previous year. This is a 19.20% negative variance compared to the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. Expenditures • General Fund expenditures through February 2019 total 14.52% of the total budget. These expenditures include insurance premiums, computer services, events, community grants, equipment replacement, contract services, janitorial and legal services. • Fleet expenditures through February 2019 total 15.21% of the total budget. These costs include expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums. • Mobility funds are February 2019 total 17.46% of the total budget. These expenditures include costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance premiums. TOWN OF AVONSALES TAX 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from BudgetJanuary 638,863.27$ 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 809,686.40 819,179.33$ 9,492.93$ -0.80% 1.17%February 673,722.03 788,999.06 774,754.00 798,923.33 785,412.03 821,657.92 809,165.90 (12,492.02)$ 3.02% -1.52%March 793,301.96 875,499.53 945,795.71 918,657.55 1,014,399.70 977,708.43 April 381,839.56 403,560.42 438,198.18 425,727.85 394,986.15 439,510.36 May 340,332.28 353,840.11 404,872.55 394,689.30 418,628.58 411,142.33 June 538,517.31 570,424.51 693,675.00 650,794.65 757,498.52 690,319.33 July 570,959.86 601,516.82 690,342.23 682,024.81 696,374.00 696,835.24 August 547,085.80 572,647.57 593,398.26 618,515.44 639,569.12 638,787.13 September 546,016.59 595,235.68 667,949.51 690,883.92 680,720.64 683,847.29 October 417,921.46 423,701.53 451,303.71 458,645.68 490,977.90 482,129.93 November 397,935.36 438,315.55 445,336.04 435,975.05 456,409.92 467,386.14 December 1,221,263.98 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,306,408.37 Total 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 8,425,419$ 1,628,345.23$ (2,999.09)$ 1.06% -0.18%Actual Collections$750,000$760,000$770,000$780,000$790,000$800,000$810,000$820,0002015 2016 2017 2018 2019YearSales Tax Collections for February TOWN OF AVONACCOMMODATIONS TAX 2019 Actual vs. Budget Budget YTD Collections Budget % change % change 2014 2015 2016 2017 2018 2019 2019 Variance 2018 to budgetJanuary 129,851.78$ 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 188,424$ 197,879.22$ 9,455.43$ 4.03% 5.02%February 150,317.06 175,056.31 185,370.53 194,804.88 186,147.24 201,354 203,190.38 1,836.30$ 4.30% 0.91%March 168,597.39 183,650.29 217,387.54 201,008.55 206,783.36 220,713 - April 31,626.02 34,825.13 60,916.55 38,340.02 33,275.27 44,932 - May 21,961.97 28,002.56 37,357.48 39,961.98 42,618.10 38,366 - June 54,232.23 53,397.46 73,591.08 83,723.31 94,803.78 81,235 - July 81,083.01 86,301.22 107,595.18 119,300.76 119,458.02 116,007 - August 71,044.33 75,107.71 87,674.05 100,628.23 98,193.15 97,696 - September 50,840.16 60,417.74 68,139.11 81,837.60 85,257.82 78,242 - October 34,977.59 38,706.72 45,738.23 48,223.10 53,236.86 49,878 - November 32,064.02 34,328.47 37,570.50 46,397.08 47,934.88 44,777 - December 168,944.85 198,421.26 200,114.56 189,505.28 185,008.67 212,712 - Total 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,374,335.32$ 401,069.60$ 11,291.74$ 4.17%2.90%0.88 0.88 0.97 1.00 0.97 Actual Collections $- $50,000 $100,000 $150,000 $200,000 $250,0002015 2016 2017 2018 2019Accommodations Tax Collections for February Town of Avon Real Estate Transfer Tax 2019 Actual vs. Budget Budget YTD Collections $ Change % of Change % change 2013 2015 2016 2017 2018 2019 2019 2018 2018 to budget 22,535.00$ 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 92,927.86$ 72,520.00$ (191,543.20)$ -72.54%-21.96% 55,872.69 85,479.08 200,850.86 270,815.26 269,578.51 161,754.65 298,730.16 29,151.65$ 10.81%84.68% 125,927.64 168,744.22 265,061.65 254,737.53 344,556.74 212,416.61 144,437.80 125,266.30 159,046.06 249,938.93 122,312.21 146,800.60 121,784.12 237,971.08 184,987.10 377,490.82 351,236.93 233,390.60 90,309.74 294,434.84 307,127.24 703,419.85 343,140.71 318,604.88 386,434.78 396,838.68 259,977.94 219,208.74 272,420.41 281,299.66 97,579.70 152,380.93 186,483.40 592,467.49 343,249.80 251,477.88 157,010.67 291,223.61 321,957.68 423,013.80 311,022.50 275,681.97 169,839.80 172,855.22 641,688.59 497,642.58 330,671.24 332,215.54 112,491.82 169,328.38 315,109.37 425,402.80 211,818.76 226,184.57 83,382.60 225,862.90 588,514.66 227,918.50 196,105.45 242,245.18 1,567,606.36$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 2,775,000$ 371,250.16$ (162,391.55)$ -30.43%45.77% Budget 2,775,000.00 Variance, Favorable (Unfavorable)(2,403,749.84)$ Actual Collections $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 2015 2016 2017 2018 2019 Year Real Estate Transfer Tax for February TOWN OF AVON RECREATION CENTER ADMISSION FEES 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget January 70,039.90$ 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 79,714.43$ 72,981.40$ (6,733.03)$ -17.61%-8.45% February 68,578.10 63,838.00 68,506.00 86,342.00 75,952.60 80,287.10 64,868.20 (15,418.90)$ -14.59%-19.20% March 72,616.10 77,902.00 81,664.00 76,023.00 79,071.20 85,605.34 April 64,370.00 61,760.00 55,452.00 67,398.00 61,817.56 68,700.13 May 35,063.70 43,119.00 50,067.40 54,337.00 50,252.60 51,467.96 June 46,194.30 55,052.00 58,430.50 58,044.00 62,135.02 61,860.62 July 71,491.30 61,472.00 66,399.80 65,873.60 72,441.40 74,641.93 August 57,328.80 63,233.00 66,388.60 76,558.30 73,573.10 74,510.12 September 43,829.00 36,846.00 44,719.00 49,017.70 49,315.70 49,453.74 October 48,803.00 75,818.00 61,167.00 51,833.00 59,692.77 65,719.61 November 93,822.00 29,570.00 71,384.00 72,114.00 126,981.80 87,063.24 December 69,258.00 77,672.00 112,201.00 169,092.78 186,927.10 186,927.10 Total 741,394.20$ 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 965,951$ 137,849.60$ (22,151.93)$ -16.22%-13.84% Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 2015 2016 2017 2018 2019 Recreation Center Admissions -February Dept./Div.2019 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 262,117$ 947$ 70,515$ 190,655$ 27.26% 112 Boards and Commissions 16,049 - 1,429 14,621 8.90% 113 Town Attorney 155,000 7,850 23,589 123,561 20.28% 115 Town Clerk 120,800 8,306 9,114 103,380 14.42% 121 Municipal Court 155,008 19,919 15,643 119,446 22.94% 131 Town Manager 386,895 248 22,259 364,389 5.82% 133 Community Relations 202,582 13,796 22,164 166,623 17.75% Total General Government 1,298,451 51,066 164,712 1,082,674 16.62% Human Resources Department: 132 Human Resources 537,456 23,856 54,853 458,747 14.64% Finance & IT Department: 141 Finance 997,181 102,122 130,517 764,542 23.33% 143 Information Systems 431,091 57,924 67,824 305,343 29.17% 149 Nondepartmental 583,517 115,778 47,050 420,689 27.90% Total Finance & IT 2,011,789 275,824 245,391 1,490,575 25.91% Total General Gov't Departments 3,847,696 350,745 464,955 3,031,995 21.20% Community Development: 212 Planning 293,353 25,031 34,869 233,453 20.42% 213 Building Inspection 177,039 2,100 20,816 154,123 12.94% 215 Town Produced Events 210,019 3,081 30,674 176,264 16.07% 216 Signature Event Seed Funding 500,000 21,800 - 478,200 4.36% 217 Community Grants 201,000 99,400 - 101,600 49.45% 218 Salute to the USA 110,715 8,120 10,111 92,484 16.47% Total Community Development 1,492,126 159,532 96,471 1,236,123 17.16% Police Department: 311 Administration 795,463 46,935 100,292 648,236 18.51% 312 Patrol 2,778,057 40,729 298,214 2,439,114 12.20% 313 Investigations 315,990 127 38,953 276,910 12.37% Total Police 3,889,510 87,792 437,459 3,364,259 13.50% Public Works: 412 Engineering 275,025 3,023 32,513 239,489 12.92% 413 Roads and Bridges 2,321,714 105,734 220,747 1,995,234 14.06% 415 Parks 671,860 76,851 20,706 574,304 14.52% 418 Buildings & Facilities 1,169,504 77,610 121,032 970,863 16.99% Total Public Works 4,438,103 263,217 394,997 3,779,889 14.83% Recreation Department: 514 Administration 244,297 18,609 25,681 200,006 18.13% 515 Adult Programs 62,701 750 8,549 53,402 14.83% 516 Aquatics 629,604 33,096 79,236 517,272 17.84% 518 Fitness 136,807 - 10,313 126,494 7.54% 519 Guest Services 336,180 5,784 42,765 287,631 14.44% 521 Youth Programs 161,580 2,234 14,688 144,658 10.47% 523 Community Swim Program 63,324 - 10,530 52,794 16.63% Total Recreation 1,634,493 60,474 191,762 1,382,257 15.43% Contingency 100,000 100,000 Operating Transfers 1,870,000 1,870,000 1,870,000 TOTAL OPERATING EXPENDITURES 17,271,928$ 921,760$ 1,585,645$ 14,764,523$ 14.52% Department Expenditure Summaries General Fund February 2019 Expenditures to Date Dept./Div.2019 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,801,273$ 64,097$ 209,851$ 1,527,325$ 15.21% Total Operating Expenditures 1,801,273 64,097 209,851 1,527,325 15.21% TOTAL EXPENDITURES 1,801,273$ 64,097$ 209,851$ 1,527,325$ 15.21% Expenditure Summary Fleet Maintenance Enterprise Fund February 2019 Expenditures to Date Dept./Div.2019 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 286,200$ 10,147$ 30,103$ 245,950$ 14.06% 432 Transit Operations 2,087,011 - 418,993 1,668,018 20.08% 436 Wash Bay 169,093 10,964 38,930 119,199 29.51% 437 Programs 373,720 - - 373,720 0.00% Total Operating Expenditures 2,916,024 21,111 488,026 2,406,887 17.46% TOTAL EXPENDITURES 2,916,024$ 21,111$ 488,026$ 2,406,887$ 17.46% Expenditure Summary Mobility Enterprise Fund February 2019 Expenditures to Date