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TC Council Packet 11-28-2006TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY? NOVEMBER 28, 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AT 5:30 PM 1. OPENING CEREMONIES FOR NEW MEMBERS a. Reading of the List of Newly Elected Council Members: Ron Wolfe, David Dantas, Brian Sipes, Richard Carroll (Patty McKenny, Town Clerk) b. Swearing in of Newly Elected Council Members (Buck Allen, Municipal Judge) c. Council Members to Take Temporary Seating 2. ELECT A TEMPORARY CHAIRMAN 3. CALL TO ORDER AND ROLL CALL 4. ELECT MAYOR AND MAYOR PRO TEM 5. APPROVAL OF AGENDA 6. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 7. CITIZEN AND COMMUNITY INPUT 8. ORDINANCES 9. RESOLUTIONS a. Resolution No. 06-48, Series of 2006, A Resolution Approving the Amended Final Plat, A Resubdivision of Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (Norm Wood, Town Engineer) Review of amended final plat creating duplex units for 2190A and 2190B Saddleridge Loop b. Resolution No. 06-49, Series of 2006, A Resolution in Appreciation of Mac McDevitt c. Resolution No. 06-50, Series of 2006, A Resolution in Appreciation of Debbie Buckley d. Resolution No. 06-51, Series of 2006, A Resolution approving an Amendment to a Lease between the Town of Avon and Stone Creek Elementary School (John Dunn, Town Attorney) Follow-up on request for the Town to pay $10,400 water tap fee associated with temporary school facility located on Lot 5 and resulting in an amendment to the agreement e. Resolution No. 06-52, Series of 2006, A Resolution to adopt A Fund Balance Reserve Policy for the Town of Avon General Fund (Scott Wright, Finance Director) Review of proposed fund balance policy 10. NEW BUSINESS a. Town of Avon Municipal Building Expansion — Selection of General Contractor/Construction Manager (Norm Wood, Town Engineer) Review of two proposals for construction services 11. UNFINISHED BUSINESS 12. OTHER BUSINESS 13. TOWN MANAGER REPORT 14. TOWN ATTORNEY REPORT 15. MAYOR REPORT 16. FUTURE AGENDA ITEMS: MILL LEVY CERTIFICATION, WHITEWATER PARK MARKETING AGREEMENT, CONDITIONS SURVEY PROPOSAL He AGREEMENT FOR URBAN RENEWAL AUTHORITY 17. CONSENT AGENDA a. Minutes 18. ADJOURNMENT I J� L:4 11176 To: Honorable Mayor and Town Council Thmu: Larry Brooks, Town Manager From: Norman T0vvO Engineer Jeffrey Schneider, Engineer I I Date: November 20, 2006 Re: Resolution No. 06-48, Approving the First Amended Plat, A Resubdivision of Lots 12A and 12B. Block 1.VW|dhdQe. Town Of Avon, Eagle County, Colorado (218OA & 2198B Smdd|eridgeLomp) ChaddZieoler owner uf Lots 12A and 12B. Block 1.VW|dridoe. has submitted 8 First Amended Plat t0nesVbdivid8 Lots 12Aand 12B' Block 1.VW|dhdoe, Town UfAvon, Eagle County, Colorado. This iS@D amended Duplex Subdivision Of8 developed duplex lot, [8|OC8tiDg one |Oi line and C[e@UDg @ [OOf OV8dh8Dg easement. The Subdivision is in conformance with the Title 15Of the Avon Municipal Code, Subdivisions. Resolution 08-48iS attached as Exhibit A, and a copy of the First Amended Plat is attached as Exhibit B. The subdivision was tabled at the November 14, 2006 meeting due to some concerns about locations �ofthe e8s8rn8nL and identification of additional i8ChniCu| oOrnaCUUOS. One of the concerns raised was the creation of the roof overhang easement rather than relocation of the lot line, 8S well @S the exact purpose Of the proposed roof overhang easement. Staff received C|8hfiC8tiOn in that the roof overhang H8SeDleDL is being created to address 8 potential addition to Unit B over their garage, which will likely involve an 8ppnJxiDl8t8 3-foot overhang onto the Unit Adriveway. The addition iS currently in the design phase. The creation Ofthe easement iS preferred by the owner over relocation Of the lot line since the easement will not reduce the square footage Of Lot 12A. A photo Of the proposed addition location ioattached os Exhibit C. Finally, additional 1eChOiC@| corrections were transmitted to the applicant, the most notable Of which involves adding 8 brief description of the pFODOSed roof overhang e@SHm8nL in the General Notes 0Dthe Plat. Staff recommends approval 0f Resolution No. O6-48. Series of 2006, A Resolution Approving the First Amended Plat, a Resubdivision of Lots 12A and 12B, Block 1.VVi|dhdO8. Town Of Avon, Eagle County, Colorado, subject t0 completion Uftechnical corrections identified bystaff. Cioocumenm and Internet FiIeo\0LK23\L12a1wnomenmedpp revised council Recommended Motion: I move t0 approve Resolution No. 06-48. Series of 2006, A Resolution Approving Ul8First/\mHDd8dP|8t,8R8SUbdiviSiODOfLOiS12/\GDd12B,Bk]Ck1. VVi|dhdg8, Town Of /\vOD, Eagle County, CO/Or8d0. SUbi8[t to Q]nnp|8dOn of technical corrections identified by staff. Town Manager Comments: Exhibit Resolution UO-4O. Series of200O Exhibit Copy 0f First Amended Plat, Lots 12A and 12B. Block 1.VW|dhdge Exhibit C Photograph of Roof Overhang Easement Location w Page 2 � ,i i RESOLUTION NO. 06 - 48 Series of 2006 RESOLUTION APPROVING AMENDED PLAT, A RESUBDIVISION OF LOTS 12A 1 12B, BLOCK 1 1 GE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Chadd Ziegler has submitted a First Amended Plat for a Resubdivision of Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, located at 2190A and 2190B Saddleridge Loop; and WHEREAS, the First Amended Plat has been reviewed by the Town Staff; and WHEREAS, the First Amended Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a First Amended Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the First Amended Plat for A Resubdivision of Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF Patty Bierle- McKenny Town Clerk , 2006. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor C:ADocuments and Settings \nwood \Local Settings \Temporary Internet Files \0LK23 \L12131 WRamendedFP res06- 48.doe N D" si I I l'� To: Honorable Mayor and Town Council Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: November 21, 2006 Re: Resolutions of Appreciation (Nos. 49 & 50) Summary: Resolutions attached formally thank Mac McDevitt & Debbie Buckley for their years of service to the community. RESOLUTION NO. 06-49 SERIES OF ii. WHEREAS, Debbie Buckley subscribed to the oath of the office in Town Council for the Town of Avon; having been elected to serve as Council Member from 1998 until 2006; and WHEREAS, Debbie Buckley. has abided by his oath and has served the Town well through her many hours attending work session, regular meetings, town functions, and special events over a period of eight (8) years; and WHEREAS, Debbie Buckley will be succeeded in the office on the 28th day of November, 2005; and WHEREAS, Debbie Buckley's commitment to the Town is reflected by her participation in various boards and activities in the Vail Valley over the last 8 years, such as the Upper Eagle Regional Water Authority, Channel 5, Eagle County Committee on Aging, and as Chairperson for the Eagle County Regional Transportation Authority, which are essential to the vitality of this community; and WHEREAS, Debbie Buckley selflessly served the public in an elected position and will always be welcome in the Town of Avon; and WHEREAS, Debbie Buckley's presence and contributions to the Council and her input and direction provided on behalf of the citizens of Avon will be missed. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, as follows: 1. The sincere thanks of the Council and the residents of the Town of Avon are extended to Debbie Buckley for her many years of service to the Town of Avon. ltd /N1FjI .1 WHEREAS, Howard (Mac) McDevitt subscribed to the oath of the office of Town Council for the TOVVO of Avon; having been elected to serve as COUOCi| Member from 1998 until 2006 and 8S Mayor Pro Tern from 2OO2 until 20O4;and WHEREAS, Mac McDevitt has abided bv his oath and has served the Town well through his many hours attending work session, regular meetings, town functions, and special events over a period of eight (8) years; and WHEREAS, K88C McDevitt will be succeeded in the office on the 28 I day of November, WHEREAS, Mac McDevitt's commitment to the Town is reflected by his participation in v8hOUS boards and activities in the \/@i| \/8Uey over the last 8 yBon5, such as the \/Gi| Valley Summer Marketing Board, the Beaver Creek Summer Marketing BO8nd, Vail Valley Chamber and TOUhSn7 Board, and the Eagle River Water and Sanitation District BO@nj' which are essential tV the vitality Of this community; and VVHEREAS. Mac McDevitt. s0fleGS|y served the public in on elected position and will always be welcome in the Town of Avon; and WHEREAS, Mac McOevUi'S presence and contributions t0 the Council and his input and direction provided on behalf of the citizens of Avon will be missed. as follows: 1. The sincere thanks of the Council and the residents of the Town of Avon are extended to Mac McDevitt for his many years of service to the Town of Avon. ���� Town Clerk FROM: Elizabeth Pierce - Durance, Assistant Town Attorney DATE: November 20, 2006 RE: Stone Creek Elementary School Lease — First Amendment (Tap Fees) At a meeting held on November 14, 2006, the Council voted to amend its property lease with Stone Creek Elementary School ( "School ") to reflect the Town of Avon's willingness and agreement to pay a $10,400.00 water tap fee, as requested by the School, while retaining all the rights and privileges associated with that purchase. Specifically, Councilor Ferraro moved to amend the lease between the Town of Avon and Stone Creek Elementary School to provide that the Town will pay the $10,400 tap fee and that the tap stays with the property and is credited to the Town's property upon Stone Creek's departure of the premises. Councilor Sipes seconded the motion and it passed with a four -to -two vote (Underwood and McDevitt nay). Attached therefore is a proposed Lease amendment, reflecting the Council's agreement. a TOWN OF AVON RESOLUTION 06- A RESOLUTION APPROVING AN AMENDMENT TO A LEASE BETWEEN THE TOWN AND STONE CREEK ELEMENTARY SCHOOL WHEREAS, Stone Creek Elementary School has requested that the Town pay or waive tap fees on its behalf as tenant of Lot 5, The Village at Avon, Filing I ("Lot 5"); and WHEREAS, the Town is willing to pay that fee while retaining to itself and for the Premises all the rights and privileges purchased thereby; NOW, THEREFORE, BE IT RESOLVED: 1. An Amendment to the School Lease, a copy of which amendment is filed with the minutes of this meeting, is hereby approved. ADOPTED at a regular meeting of the Town Council of the Town of Avon the 28th day of November 2006. Ronald C. Wolfe, Mayor Patty McKeriny, Town Clerk 0 FIRST AMENDMENT TO STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY A lease of property entered into between the TOWN OF AVON, COLORADO (Town) and STONE CREEK ELEMENTARY (School) on June 13, 2006, as evidenced by the written Lease attached hereto as Exhibit 1, is hereby amended to replace in its entirety paragraph 10 of the written Lease with the following agreement: 10. UTILITIES The School shall be responsible for all utilities furnished for the Premises, with the following exception: the Town shall pay a Town of Avon water tap fee in the amount of $10,400 ("the fee"), which fee shall either be paid directly by the Town to the Eagle River Water and Sanitation District or reimbursed by the Town to the School if already paid. The Town shall pay this fee on the agreement and understanding that all rights and privileges purchased by payment of the fee will belong solely to the Town as owner of the property to be used for any purpose whatsoever as the Town sees fit at the termination of this lease. The School, as tenant, shall retain no rights to sewer or water service arising from the payment of this fee upon termination of the tenancy. A table reflecting the various tap fees owed by the School as tenant of the property, including the Town of Avon water tap fee referred to herein, is attached hereto and shall now constitute Exhibit C to the Lease. Except as expressly amended or modified herein, all other terms and provisions of the Stone Creek Elementary School Lease Between Town of Avon and Stone Creek Elementary remain unchanged and in full force and effect. STONE CREEK ELEMENTARY SCHOOL By: TOWN OF AVON By: ATTEST: Ronald C. Wolfe, Mayor IN Patty McKenny, Town Clerk STATE OF COLORADO ss. COUNTY OF EAGLE Subscribed and sworn to before me on this _ day of 12006 by as President of Stone Creek Elementary School, a Colorado nonprofit corporation. Witness my hand and official seal. My Commission expires: Notary Public ss. COUNTY OF EAGLE Subscribed and sworn to before me on this _ day of 2006 by Ronald C. Wolfe as Mayor and Patty Bierle McKenny as Town Clerk of the Town of Avon. Witness my hand and official seal. My Commission expires: Notary Public M 14 C4 C4 O ai O IN as CC O O Gi i. O O �-i 110 Z C-- oc r- 7a I -Ct o cn 71 cr to ctI-,- -6 C�5 C) . ci ct Eli UD 't 45 42) ,� 7� C) d chi UD . . .............. . . . CIA oc CIA cc CD (-A C-4 cd �j ell Z cz O oc o C'l C4 CJ .... . .. .... O O �-i 110 Z C-- oc r- 7a I To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Directo Date: November 22, 2006 Re: Fund Balance Policy Summary: The attached resolution adopting a fund balance policy for the Town is a result of discussion among staff and inquiries of other towns regarding what is an appropriate level of fund balance given the Town of Avon's financial circumstances. Discussion: Attached is a calculation of staff's recommended minimum fund balance reserve both on a dollar amount basis and percentage of operating expenditure basis. The recommended percentage of operating expenditures is 35% which is the equivalent of approximately four months of operations. This figure that was arrived at seems to be appropriate given the actual fund balance that the Town is projecting for 2007, as well as the level of fund balance that other towns have deemed necessary in their policies. Below is a sample of towns in the Colorado Association of Ski Towns (CAST) that responded to the Town's inquiry as to their respective fund balance reserve policies: Frisco 75% Minturn 50% Dillon 25 -50% Breckenridge 25% Estes Park 30% At the worksession on Tuesday, I will have a brief powerpoint presentation to review our calculations in more detail and present some historical information on the Town's fund balances. •..- Town Manager Comments: Attachments: Calculation of Recommended Fund Balance Reserve Resolution No. 06-52 Exhibit A — Fund Balance Reserve Policy • Page 2 TOWN OF AVON CALCULATION OF RECOMMENDED FUND BALANCE RESERVE NOVEMBER 28, 2006 2007 Operating Expenditures: General Fund $ 11,810,738 Transit Fund 2,862,492 Fleet Maintenance Fund 2,174,105 Total 16,847,335 Calculation of Recommended Reserve Percentage Base Reserve for Liquidity and Working Capital 15.00% Reliance on Sales Tax Revenues / Tourism -Based Economy 7.50% Reliance on One Major Sales Tax Payor 7.50% Required TABOR Emergency Reserve 3.00% 33.00% 5,559,621 Other Contingencies: Gondola Contribution - 2008 and Beyond 300,000 Total Recommended Fund Balance Reserve $ 5,859,621 As a Percentage of 2007 Operating Expenditures 34.78% RESOLUTION NO. 06-52 SERIES OF 2006 A RESOLUTION TO ADOPT A FUND BALANCE RESERVE POLICY FOR THE TOWN OF AVON GENERAL FUND WHEREAS, a formalized fund balance policy is an indication of good fiscal management and exists as a positive disciple in long-term financial management; and WHEREAS, The Town of Avon recognizes the importance of maintaining an appropriated level of undesignated fund balance in order to mitigate current and future financial risks; and WHEREAS, the Town of Avon is highly depended on sales tax revenues in a tourism-based economy. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Town Council of the Town of Avon, Colorado, adopts a FUND BALANCE POLICY, a copy of which is attached and marked as EXHIBIT A. ADOPTED this 28'h day of November, 2006. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny Town Clerk EXHIBIT A TOWN OF AVON FUND BALANCE POLICY November 28, 2006 Background. The term fund balance is used to describe the net assets of governmental funds calculated in accordance with generally accepted accounting principles (GAAP) and is intended to serve as a measure of the financial resources available in a governmental fund. It is essential that the Town maintain adequate levels of fund balance to mitigate current and future risks (e.g. revenue shortfalls and unanticipated expenditures). Fund balance levels are an important consideration in long -term financial planning and credit agencies carefully monitor levels of fund balance in a government's general fund to evaluate a government's continued creditworthiness. Because of the Town's dependence on sales tax revenue in a tourism -based economy a conservative approach to managing fund balances reserves is warranted. After evaluating the Town's operating characteristics and financial resources available in other funds, reliability and seasonality of revenue sources, reliance on individual sales tax payers, weather and other environmental concerns, working capital and liquidity needs, impact on bond and credit ratings, economic outlook, emergency requirements, and other contingencies, the Town establishes the following policy regarding the fund balance of the general fund for the Town of Avon, Colorado. The Town of Avon recognizes the need to maintain a prudent level of fund balance to protect against reducing service levels or raising taxes and fees because of temporary shortfalls or unpredicted one -time expenditures. The level of combined fund balances in the General Fund, Transit Fund, and Fleet Maintenance Fund that the Town will maintain as unreserved and undesignated is an amount equal to or greater than 35% (approximately four months equivalent) of the Town's General Fund, Transit Fund and Fleet Maintenance Fund operating expenditures. Unusual items that would distort this calculation (e.g. one -time revenues and expenditures) shall be excluded. Any fund balance in excess of the amount calculated above may be utilized for any other municipal fiscal purpose, without limitation. This policy is adopted by the Town of Avon in order to recognize the financial importance of a stable and sufficient level of fund balance. The Town reserves the right to appropriate funds from fund balance for emergencies and other requirements the Town believes to be in the best interest of the Town. � Ji Alk if 0 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Shane Pegram, Engineer R Date: November 21, 2006 Re: Town of Avon Municipal Building Expansion Summary: Two Proposals were received on November 15, 2006 for Construction Management/General Contracting Services of the Town of Avon's Municipal Building Expansion Project, following Requests for Proposals published in the local papers on November 2 and 9, 2006, direct transmittal of RFP to eleven qualified contractors and a Pre- bid meeting held on November 9, 2006. Responses to the RFP were required to be submitted in two parts: 1) Statements of Qualifications; and 2) Fee and General Conditions. Proposals were submitted by W.E. O'Neil Construction of Golden, CO and McBoyd Builders, Inc. of Eagle, CO. Both proposals included the required information and followed the appropriate format. Contractor Fees and General Conditions are presented in the two proposals as a percent of total construction costs. Following the Town of Avon's selection of a General Contractor, Town staff will negotiate a Gross Maximum Price. Discussion: During meetings with the project Architect, it was determined that clarification on proposed rates from both contractors would be helpful in evaluating the two proposals. Clarification was provided by McBoyd Builder's on Insurance and Bonding Rates and by W.E. O'Neil on General Conditions rates. Proposed rates for Contractor Fees and General Conditions total 17% and 17.5% of total construction cost for W.E. O'Neil Construction and McBoyd Builders respectively. Although W.E. O'Neil's proposed rates are a half percent less than McBoyd's, their General Conditions rate of 7% is based upon a $600,000 project and will increase for a project of lesser value. Assuming a $350,000 project, W.E. O'Neil has indicated that their GC rate would increase to 8.5%. This increase places W.E O'Neil's Contractor Fees and General Conditions rates at 1% higher than those of McBoyd's. CDocurnents and Settings\nwooK-ocal SettingsUemporary Internet Fi1es\0LK23\McBoyd Award Merno5.doc 1 Evaluation of the Insurance and Bonding rates assuming a $350,000 project and adding in McBoyd's Pre-construction Services fixed fee of $5,000 indicates that the total fees proposed by McBoyd Builders will be approximately 1% of total construction costs higher than those of W.E. O'Neil Construction. Considering both Contractors are qualified for the project and have submitted relatively equal proposals, it is the opinion of Town staff that the immediate availability and ease of communication with a local contractor whose attention will be fully directed toward our project will far outweigh minor proposal differences. We are recommending approval of the attached proposal (Exhibit A) that was submitted by McBoyd Builders, Inc of Eagle, CO. Financial Implications: The 2006 Town of Avon Budget includes $40,000 for design and the 2007 budget includes $360,000 for construction. The design contract with Victor Mark Donaldson Architects will require $5,700 of the 2007 budget, leaving $354,300 for construction. Every effort will be made during negotiations with McBoyd Builders, Inc. to establish a Gross Maximum Price within the Town of Avon's 2007 budget. Recommendation: Accept the Contractor Fees and General Conditions Proposal from McBoyd Builders, Inc. for Construction Management/General Contracting Services of the Town of Avon's Municipal Building Expansion Project. Proposed Motion: I move to approve the Contractor Fees and General Conditions Proposal submitted by McBoyd Builders, Inc • November 15, 2006. 00ocuments and Settings\nwood\Lmal Settings\Ternporary Intemet Fi1cs\0LK23\McBoyd Award Memo5.doc 2 To] Attachments: Exhibit A Proposal from McBoyd Builders, Inc. Exhibit B Comparison of Proposals CDocuments and Settings\nwomUocal SettingsUernporary Intemet FiIes\OLK23\McBoyd Award Memo5.doc 3 I 0 c + o ' P - 4 ' Qj Fr "s F d g } - E E f _rx try Fiv f t t Ti I � r ry UL eJ �!_ m e r s Cjt�n er�� Cor ' r a cf,` rig Vr. wlillm wlillm Ox erview of the Prouncl unlanplIou yK anufKA, QWQ) WIN' 11=01yawni pn I ", "44 in is 0", M, 1, "L th''I UK n0 w!" w I QqNrc a in C do in 5 PAV"np no K , p A 11C jdQi_% U, or; qC' v,d W L! A MALC4"O K nu&m '14 kw rAw. kr 1wr Ov No I a wu a Won 1 41"00 Ilk: :hmh 0no" a -,: wwns "h 1, ni I K. 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UP :pHi lqdlj& CIO ojmvc 0; ''Mer Vick :0 b. parwrmaj n4wn-wtj "wh &V w�vwl Knipi, Lw unpudow proyess Hiub twow OPW J!, "Ink Munv_ "Anwo on wo ;dJoy lu- A-Val %ow 9:1K :hnA krivn7v n� _now A MKOW MARYS A�� rhy 010 yr, Awrih.�011 wil, ui�, N4 9 c v 6 O to V U t-' tLi p 0 X� =U in W Uvu E @ U d c U @ N O 2 = O a O O O N c O c O W O a o C C/) @ W O @ E N - w O a co 0 � L ��5yq W LU > U m m> z z O W w W M M Q `t O O 7 CWO O cW0 N M O dam' O c0 co O �, h h > U U m m% Q Q z O w w 0 w w d Q o- Q -z z LO 0 Ln w W w O w co N co o M v m O a a a tf) a t(7 a O a O a O a N a N a WT M 7 N N E a = E O U N O c Cn �. N d @ 2 'c m) c @ -co ° o o E o .N i ' .@ .N O O a -o X � ° w c o c o @ c U) O O w a C o 0 0 0 0 — v c a o o v O 0 0 (D LW O <- U) a> N cn O U X w w N cn o a @ 0 0 > '° m r a s a c o - d 00 0 0 0 0 0 OGC) O O m =5 M, O 0 0 0 0 0 0 0 0 M 0 60, 0 w M Alpine Insurance Agency of Edwards PO Box 224C 0225 PAW SWO X205 DIME: (9 70) 926-111 FAwaWs, CC) 81632 Tax: MY 926-1722 Navernber 7. 2006, Town of Av= Re: rocBoyd Buildor-s, Inc, To'04horn it lviay Concern: Our agency handle% the surety bond reqUilrenieits for MG6OYd 6oildcr5,i, Inc, DUFII-i�l IDUr rulatior"MY) SO firrn' afl Projects have been cornydeted on time and to cveryonP'-.---, satkAntion. Further, this Erin cNoys an auh;r-inding reputation for pro-Arlim,-; a pry act ui a twneiy and cost offective 1-nat"',cr No ivaxiwuni Knits for bonding capacRy have been formally uslablisherL We, fee! lhi�3 a'CC,-)U11t iS capable of banding and niana[pi-ill prclects ranging in sizc to $800MTJ)z Hwy amhWn an aggregMe bonded work prograrn of -$1,0o,0,000 The niajonty of U"s, capacky is curnsntly available to the contractor. VW(,, vFOLlid expect to inicreas�r� P'le,, loonding capacity of UNS Sn' C-041-MICTIsuratc with th(nr firian(-iai progrc'rs, 'o,"Je ar�:- always m a position to consider any bond reel iest Suitect to a Positive uo-del-writing 7evies; of the cur tract terms, condRions, batid forrns jr*�cj projnc,-! Ci - ®'.... T�nis should not be cof-Istrued as a comn-Al.-rient to providc,, -)ny bond a ld , g erie ral i ef e rence only vVe higWy reconirnend McBoyd BUOders, irin, for any proje(A they rriay ',vish to nid 0;- negotlate Mh yow Should you have any liar" hcr quest Jons can canAng the zapalo%es of tins hne cwnpany, please do not liesitate to coat IC' US Sinccrely, jarnes McGalwliard. CIC Alpirw- inSUrance Agency 1EM21 e Xq I's 1 7' 0 a "' 'Town of Avon Municipal Building Comparison General Contractor WE O'Neil McBoyd_ Fee 10% 5% General Conditions 8.5% 12.50% Precon Services $0.00 $5,000.0 0 Total Fee (Based on 350,000 Construction Costs and 5 month duration) $35,000-00 $17,500-00 Total GC Based on 350,000 Construction Cost $29,750.00 $43,750.00 Total Fee and GCS $64,750.00 $61,250.00 Total Fee and GCs as Percent of Construction Cost 18.50% 17.50% Insurance (Builders Risk) 0.207% Insurance (Liablity) 0.95% 1.32%* Bonding Rate 0.58% 2.25% Staffing Savings 100% to Owner 100% to Owner Proposed Format GMP GIVIP * Liability Insurance is included under/in General Conditions percentage H1 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 14,2006 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes, and Tamra Nottingham Underwood. Also present were Town Attorney Elizabeth Pierce-Duran, Town Manager Larry Brooks, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Brian Kozak, Community Development Director Eric Heidemann and Public Works/Transit Director Bob Reed as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST The agenda was approved and there was no potential conflict of interests for this meeting. COMMUNITY INPUT Howard Leavitt, resident of Wildridge, commented on language related to the town's dog ordinances, asking that council consider changing some of the language related to "dogs at large". Drew Dodd, resident, also commented on the dog ordinance noting that the definition of dog at large may need to be revised as well. Council expressed support in reviewing suggested changes staff & the public may be interested in proposing. Mayor Wolfe commented on the letter submitted by Shannon Overcash and included in the Council packet. Public Works Director Bob Reed commented on the fact that including different types of swings on a swing set can be a safety issue and that is why both types of swings are not together at the park. Reed would do some research on the topic and then provide follow up on the request. NEW BUSINESS Larry Brooks, Town Manager, introduced the Stone Creek Elementary Charter School — Request for Waiver of Water Tap Fees The Village at Avon, Filing 1, Lot 5. He noted that the request was that the Town consider waiving or paying for water & sanitary sewer related tap fees associated with the temporary school facility located on Lot 5. Bill Hammer, President of the Board, addressed Council with regard to the following two updates: ■ Overall enrollment at the school (181 students) and its at risk enrollment (9% at risk; 6% special education students) numbers noting the continued problems on enrolling their at risk students due to transportation/busing & after school issues. A town bus stop located closer to the school would be helpful; instead it was asked that the school consider implementing some type of chaperone program • Current progress on finding a permanent location, looking at USFS location at Dowd Junction, Edwards property owned by ERWSD, and noted that a subcommittee has been formed to research this topic Discussion ensued on various topics as follows: 1) the components that make up the tap fee amount and who receives that fee, ERWSD, EVMD, and TCMD and the request for the deferral of the payment, 2) the term of the current agreement and whether or not the agreement should be amended to allow for more than a one year lease, this was not supported unanimously 3) the Tap Fee Deferral Agreement submitted by Council Buckley, and which party serves as the guarantor 4) the amount, term, and date of the restoration bond, (letter of credit for $240K, dated 9/1/06 expires 911/07, from Milenium Bank, rent was paid in full). 5) Several scenarios that would provide for deferring the payment, although it was not fully supported by all members After much discussion about these items a motion was made. Councilor Ferraro moved to amend the lease between the Town of Avon and Stone Creek Elementary School, to provide that the Town will pay the $10,400 tap fee, and that the tap stays with the property and is credited to the Town's property upon Stone Creek's departure of the premises. Councilor Sipes seconded the motion and it passed with a four to two vote (Underwood and McDevitt nay). Brian Kozak, Police Chief, presented the Intergovernmental Agreement with Eagle County for Animal Control Service Action, (action requires 2/3 vote for approval). Discussion ensued about the history of contracting animal control services. The types of services provided were noted per the memo included in Council's packet; Chief Kozak indicated that a six-month trial period would be in order for the IGA. It was also noted that a public meeting would be held addressing this topic to inform the public as to the process of animal control. Councilor McDevitt moved to approve IGA for Animal Control Service with Eagle County. Town Manager also noted that contracting this service supplements the current staffing of animal control. Councilor Phillips seconded the motion and it passed unanimously. Bob Reed, Transit Director, presented the Intergovernmental Agreement with Eagle County Regional Transportation Authority ("ECO") Agreement for parking buses, fuel, and maintenance services. He noted that the agreement was similar to last year's agreement. Councilor Ferraro moved to approve the IGA with ECO; Councilor Phillips seconded the motion and it passed unanimously. RESOLUTIONS Mayor Wolfe presented Resolution No. 06-42, Series of 2006, Resolution Reappointing C.G. Allen, III, Municipal Judge. Councilor Phillips moved to approve this resolution; Councilor McDevitt seconded the motion and it passed unanimously. PUBLic HEARINGS FOR RESOLUTIONS No. 06-43 THROUGH 06-46 Scott Wright, Finance Director, presented the following resolutions: ■ Resolution No. 06-43, Series of 2006, A Resolution Amend the 2006 Town of Avon Budget • Resolution No. 06-44, Series of 2006, A Resolution to Amend the 2006 Town of Avon Capital Projects Fund Budget ■ Resolution No. 06-45, Series of 2006, A Resolution to Adopt the 2007 Town of Avon Budget ■ Resolution No. 06-46, Series of 2006, A Resolution to Accept the Proposed Town of Avon Long Range Capital Program And Simultaneously Adopt the Year 2007 Capital Projects Fund Budget Several budget highlights were made related to types of existing funds and new funds, fund balances, total 2007 revenues and expenditures, personnel additions, and brief comments on future topics on mill levy certification and impact fees. Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed. Councilor Buckley moved to adopt Resolutions No. 43 through 46; Mayor Pro Tern Underwood seconded the motion and it passed unanimously. Regular Council Meeting Page 2 of 3 November 14, 2006 Scott Wright, Finance Director, presented Resolution No. 06-47, Series of 2006, Resolution Certifying Delinquent Real Estate Transfer Tax for Collection by the Eagle County Treasurer, asking for the County Treasurer assistance in helping Avon to collect delinquent real estate transfer taxes. Mayor Pro Tern Underwood moved to approve Resolution No. 06-47; Councilor McDevitt seconded the motion and it passed unanimously. Jeff Schneider, Engineer, presented Resolution No. 06-48, Series of 2006, A Resolution Approving the Amended Final Plat, A Resubdivision of Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This was a review of an amended final plat creating duplex units for 2190A and 2190B Saddleridge Loop.- Council comments were made regarding some technical issues on the final plat related to the locations of the easement and roof overhang easement. After further discussion and some suggestions, Mayor Pro Tern Underwood moved to table this resolution. Councilor Ferraro seconded the motion and it passed unanimously. MAYOR'S REPORT Mayor Wolfe presented an update on the RICID water rights application. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda below. Mayor Pro Tern Underwood moved to adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously. a. October 24, 2006 Minutes b. Service Agreement with Vail Associates, Inc. (D.A.R) (Bob Reed, Transit/Public Works Director) Annual agreement for fleet maintenance c. Eagle River Recreation Enhancement Project — Ted Seipel Construction, Inc. Contract Change Order No. I (Final) (Norm Wood, Town Engineer) Costs related to the whitewater park project and agreed upon in the original contract d. Town of Avon 2007 Street Improvements Program Summary & Design Services Proposal from Intermountain Engineering, Inc. (Norm Wood, Town Engineer) Response to Request for Proposals for 07 street improvements e. Roundabout 4, Conversion to Full Roundabout — Inter-Mountain Engineering, Ltd, Civil Engineering Design Services Proposal (Norm Wood, Town Engineer) Proposal to include plans, costs, specs, bid & contract documents for conversion of roundabout 4 There being no further business to come before the Council, the regular meeting adjourned at 7:15 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting November 14, 2006 Page 3 of 3 CERTIFICATE OF DEDICATION AND OWNERSHIP E EqR® TTOS DAY OF AA.. W ° `DOUGLAS WALUAW P.O. wee STATE OF 7 ss COMITY OF 7 THE FOREOONO CER7W0A7E OO pmICA7 AW BY S = WEDGES.BEFORE 1E THIS oAr aF MY COimmON IDWIRES WITNESS MY HAW AHD OFFICIAL SEAL NOTARY Pty ADDRESS P.O. ODI 8272 OWRERIOMAD 00uOAS ZEOLFR VAB. OO MON {ALA = 7EOERa STATE OF 7 93 COUNTY OF 7 THE FOREOOBEC CERTIFICATE OF DENCA710N ND CNI ER9R' WAS /U2DLOMLE7HiE0 eEFORE WE THIS DAY OF AD.. AD BY tC4AD ODIIOAS 7EOER. W COM8NS90N EXPIRES, WITNESS MY NAND AM OFFICIAL SEAL. NOTARY PUBLIC MONTOAGM INSIGHT FNANCIAL 80000E CO. B�D.WI SURE 109 BY: T rLL STATE OF 7 SS COUNTY OF V THE DAY CERTIFICATE OF DECCkTWPI AW A.D.. ND WAS AC OYAIDOFD BEFORE ME IiMS AS OF DWIGHT FINANCIAL MY CO►W8Ss" EXPIRM WI'RESS MY HAW AND OFFICIAL SEAL NOTARY HNC MORTGAGEE: NOM AMERICAN SAVINGS BANK AMMIII OVE=PL SUITE 223 P r FIRST 14 1 ' A A RESUBDIVISION OF LOT 12A AND LOT 12B., BLOCK 1, WILDRID SUBDIVISION OF / T 12, BLOCK 1, A SPECIALLY PLANNED AREA-REPLAT NUMBER 2, FINAL SUBDIVISION OF ! TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO I 1 i ILI F-\ >� n SCANT: t'•500' J TOWNSHIP 4 SOUTH RAND 82 WEST. 8th P.M. c , >_. -- l4Li IOWIWl stWR SITE LOCATION 1 TOWN CERTIFICATE THIS HAT. #$WN O VACATION dF ANY LOT UNEB. EASEMENTS AW RIGHTS OF WAY, PTEWOUS Y DFSMAtED AW NON' DEOICk1ED tEAEC4 fS APPROVED Ny9 TOWN COUNCIL OF THE TOWN OF AVON. COUNTY OF EAOE STATE tIF tOlORA00 T0.4 OF W __FOR FAM W `RI THE CLERK AND RECORDER OF THE BOUNTY OF EAGLE AND FOR CONVEYANCE TO THE TRIM CIF THE PUBLIC DEDICATIONS 000 HEREON. THE SAME 70 SUPERSEDE THE PRIOR PLAT. SUBJECT TO TE PROVISION THAT APPROVAL N W WAY OMAA70 THE TOWN OF AWN FOR FINANCING OR CONSTRUCTING OF IMPROVEMENTS ON LAWS. SREEIS. OR EABEIIEIRS DEDICATED EXCEPT AS Nd.Y AGIEEED 70 BY TE TOMN LOUiCI AND FUR7fER THAT SAID APPROVAL SHALL N NO WAY OBUOATE THE 70WIi OF AWN FOR MAINTENANCE OF STWETS OMiIL CON,4 "U" - IMPROVEMENTS TEREON SHALL. NAVE BEEN COMPLE7FD TO THE SATISFACTION OF THE TOWN CC NON. APPROVAL OF ONLY AND IS NOT 70 BE CONISIRUED AS AN IECHNRCAd. BYE OF' 1fT OR ANY DOCMENTA70N TERtl0. APPROVAL OR THE WITNESS MY NAND AND SEAL OF THE TOWN OF AVON TOM COUNCIL OF 7HE TOWN OF AVON or. MAYOR Al'IESC NON CLEW TITLE INSURANCE COMPANY OR ATTORNEYS CERTIFICATE mes HEREBY CER7WY THAT HAS EXAMINED TE TOLE TO ALL IN" SHOWN I" THIS PLAT ND THAT TILE 70 SUCH LAWS IS VESTED N: FREE AND CLEAR OF ALL U9M DICU NtAK S. TAXES AM ASSESSMENTS EXCEPT AS FOLUOM DAZED TAB DAY OF AEWtiT l7IILTFlCATE OF TAXES PAD L THE UNDFR9GNED. 00 HEREBY CFR7IHY THAT itE FNRIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AZ EP A5 OF IPOM ALL PARCFSS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID N FUN. DAM TES __ DAY CO AC., 20— TREASURER OF EAGLE BOUNTY CLERK AND RECORDER'S CERTIFICATE THIS FTATO S PXED FiN .DI IDN THE OFFICE OF 71E OERIB AW TiTREOO�DED ALLT TOH 010 CLEW AND RECORDER DEPUTY BY �I t GRAPHIC SCALE i p 9p 40 1 inch - 20 & MONUMENT LEGEND 0 FOUR Na 5 ROM WITH MINIMUM CAP. L.S. " 5447 I$ FORD No. 5 NEW WITH ALUMIN AI CAP. LS Na 273O A SET Na 5 REBAR WITH ALEMBIM CAP. L.S. Na 27395 10' SLOPE MAINTENANCE. DRAINAGE. AND SHOW (RECEPTION Na 228437) t viii G SURVEYOR'S CERTIFICATE 4 GREAT NOM DO HEREBY CERTIFY THAT 1 AM A PROFESSIONAL LAW SURVEYOR UENSID UNDER THE LAMB OF TIE STATE OF COLORADO. THAT THIS PLAT U A TIRE, COMIRM AND COMPLETE PLAT OF FEET AMENDED PLAT, A OF LOT 12A AND LOT 121L BLOC 1, WOUX"DOE AS LAD OUb PLATTED. DEDICATED AND 91101 HEREON, THAT SUCH PLAT US MME FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND/OR UNDER MY SUPERVISION AND CORREC11.Y SHOWS THE LOCATION AND UNDOM OF THE LOTS. EASEMENTS AND SRSETB OF SAID BUBDMBON AS THE SAME NE STAXED UPON 7HE GROW N COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUDIVMM OF LAND ALL MONUMENTS ARE SET AS FWARED BY THE AMM310N REGULATIONS OF THE TOWN OF AVON. N WITNESS WHISW I HAVE SET MY HAND AND SEAL BOB _ DAY OF AA.. — - BRENT MM OCLCRADO PAS N0. 275M LOT 15 ,.�''" 1 N 08 i Q 6 O OVERHANG EASEM94T z J a L ©mr.T—m AWI I I DiaRi� � .�rZSL''1• U7UTY NO ORi�mm 7 2 118AB' ( IECFPTION Nw ©�[ZE%'�i��C!�i��'74i ZfiiZ!C"'i�i,T?1i�"'^Y! &'.'>• MONUMENT LEGEND 0 FOUR Na 5 ROM WITH MINIMUM CAP. L.S. " 5447 I$ FORD No. 5 NEW WITH ALUMIN AI CAP. LS Na 273O A SET Na 5 REBAR WITH ALEMBIM CAP. L.S. Na 27395 10' SLOPE MAINTENANCE. DRAINAGE. AND SHOW (RECEPTION Na 228437) t viii G SURVEYOR'S CERTIFICATE 4 GREAT NOM DO HEREBY CERTIFY THAT 1 AM A PROFESSIONAL LAW SURVEYOR UENSID UNDER THE LAMB OF TIE STATE OF COLORADO. THAT THIS PLAT U A TIRE, COMIRM AND COMPLETE PLAT OF FEET AMENDED PLAT, A OF LOT 12A AND LOT 121L BLOC 1, WOUX"DOE AS LAD OUb PLATTED. DEDICATED AND 91101 HEREON, THAT SUCH PLAT US MME FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND/OR UNDER MY SUPERVISION AND CORREC11.Y SHOWS THE LOCATION AND UNDOM OF THE LOTS. EASEMENTS AND SRSETB OF SAID BUBDMBON AS THE SAME NE STAXED UPON 7HE GROW N COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUDIVMM OF LAND ALL MONUMENTS ARE SET AS FWARED BY THE AMM310N REGULATIONS OF THE TOWN OF AVON. N WITNESS WHISW I HAVE SET MY HAND AND SEAL BOB _ DAY OF AA.. — - BRENT MM OCLCRADO PAS N0. 275M LOT 15 ,.�''" 1 N 08 i Q 6 O OVERHANG EASEM94T z J a L ©mr.T—m AWI I I DiaRi� � .�rZSL''1• U7UTY NO ORi�mm 7 2 118AB' ( IECFPTION Nw MONUMENT LEGEND 0 FOUR Na 5 ROM WITH MINIMUM CAP. L.S. " 5447 I$ FORD No. 5 NEW WITH ALUMIN AI CAP. LS Na 273O A SET Na 5 REBAR WITH ALEMBIM CAP. L.S. Na 27395 10' SLOPE MAINTENANCE. DRAINAGE. AND SHOW (RECEPTION Na 228437) t viii G SURVEYOR'S CERTIFICATE 4 GREAT NOM DO HEREBY CERTIFY THAT 1 AM A PROFESSIONAL LAW SURVEYOR UENSID UNDER THE LAMB OF TIE STATE OF COLORADO. THAT THIS PLAT U A TIRE, COMIRM AND COMPLETE PLAT OF FEET AMENDED PLAT, A OF LOT 12A AND LOT 121L BLOC 1, WOUX"DOE AS LAD OUb PLATTED. DEDICATED AND 91101 HEREON, THAT SUCH PLAT US MME FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND/OR UNDER MY SUPERVISION AND CORREC11.Y SHOWS THE LOCATION AND UNDOM OF THE LOTS. EASEMENTS AND SRSETB OF SAID BUBDMBON AS THE SAME NE STAXED UPON 7HE GROW N COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUDIVMM OF LAND ALL MONUMENTS ARE SET AS FWARED BY THE AMM310N REGULATIONS OF THE TOWN OF AVON. N WITNESS WHISW I HAVE SET MY HAND AND SEAL BOB _ DAY OF AA.. — - BRENT MM OCLCRADO PAS N0. 275M LOT 15 ,.�''" 1 N 08 i Q 6 O OVERHANG EASEM94T SN'5e5 LAND USE SUMMARY m TRACT P Lai 61A W L 699= LOT 12A 0214 IESDDIRAL 2180A SADDLE RIDGE LOOP LOT 12B 0.372 fENODITIAL 21908 SAME ROSE LOOP TOTAL 0.706 X LINE s 748 A L TRACT A BENCHMARK U CREEK SUBDIMSON AMENDMENT No.7 By m JIM Na. 1601.1 00/06/064 I IIIIIIm loci z J a L LOT 1 AWI I I Iq 2190A U7UTY NO ORi�mm 7 2 118AB' ( IECFPTION Nw X LINE s 748 A L TRACT A BENCHMARK U CREEK SUBDIMSON AMENDMENT No.7 By m JIM Na. 1601.1 00/06/064 I IIIIIIm loci TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 28, 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD 7" PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD COUNCILORS DEBBIE BUCKLEY KRISTI FERRARO MAC MCDEVITT AMY PHILLIPS BRIAN SIPES TOWN STAFF TOWN ATTORNEY: JOHN DUNN TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY THIS MEETING IS OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND CITY MARKET THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH WORK SESSION AGENDA MEETING BEGINS AT 3:00 PM 3:00 PM — 3:30 PM 1. EXECUTIVE SESSION (John Dunn, Town Attorney) Pursuant to CRS 24 -6 -402 (4)(b) conference with town attorney for the local public body for the purposes of receiving legal advice On specific legal questions related to the Village at Avon update and the Town of Marble matter 3:30 PM — 4:00 PM 2. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES a. 2007 Council Committee Appointments (Ron Wolfe, Mayor) b. Topics for future planning meeting (Ron Wolfe, Mayor) 4:00 PM — 4:15 PM 3. TOWN ATTORNEY COMMENTS ON COUNCIL CONDUCT & REGULATIONS (John Dunn, Town Attorney) Discussion and Review of Rules of Conduct 4:15 PM — 4:45 PM 4. FAMILY MEDICAL LEAVE ACT (Jacquie Halburnt, Human Resources Director) Review of FMLA related to maternity leave 4:45 PM — 5:05 PM 5. FINANCIAL POLICIES (Scott Wright, Finance Director) Amendment to Fund Balance Policy 5 :05 PM — 5:15 PM 6. STAFF UPDATES a. COMMUNITY DEVELOPMENT UPDATE (Eric Heidemann, Community Development Director) Update On Housing Study b. FINANCIAL MATTERS / MEMO ONLY '4EGINTM i To: Honorable Mayor and Town Council Larry Brooks, Town Manager John Dunn, Town Attorney From: Patty McKenny, Town Clerk Date: November 21, 2006 Re: Executive Session Materials Summary: Attached is a document of the Colorado Court of Appeals Case No Town of Marble Colorado as the defendants. John asked me to include notebook and he will discuss the matter during the Executive Session. There will be no other materials for the executive session. . 05CA0587 with the this in your council Court of Appeals No.: 05CA0587 Gunnison County District Court No.: 04CV10 Honorable J. Steven Patrick, Judge Larry Darien, Dana Darien, Tom Williams, and Dan Brumbaugh, Plaintiffs-Appellants and Cross-Appellees, V. Town of Marble Colorado, a body corporate; Town Council of the Town of Marble; and Hal Sidelinger and Robert Pettijohn, in their official capacities as members of the Town Council, Defendants-Appellees and Cross-Appellants. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by: JUDGE CARPARELLI J. Jones, J., concurs Casebolt, J., dissents Announced: November 16, 2006 Rikki A. Santarelli, Almont, Colorado; Luke J. Danielson, Gunnison, Colorado, for Plaintiffs-Appellants and Cross-Appellees Caloia, Houpt &, Hamilton P.C., Sherry A. Caloia, Mary Elizabeth Geiger, Robert Gavrell, Glenwood Springs, Colorado, for Defendants-Appellees and Cross- Appellants Geoffrey T. Wilson, Denver, Colorado, for Amicus Curiae Colorado Municipal League Plaintiffs, Larry Darien, Dana Darien, Tom Williams, and Dan Brumbaugh, appeal the trial court's judgment in favor of defendants, the Town of Marble, the Town Board of Trustees of the Town of Marble, and Hal Sidelinger and Robert Pettijohn in their official capacities as members of the Board (collectively the Town). The Town cross-appeals for an award of attorney fees. We reverse and remand for further proceedings. Plaintiffs alleged that the Town violated the Open Meetings Laws (OML), § 24-6-401, et seq., C.R.S. 2006, and particularly § 24- 6-402(2)(c), C.R.S. 2006, by not including specific agenda information regarding the Board's January 8, 2004 decision not to undertake a construction project at a town park. The trial court found no violation, and this appeal followel if The Yule Marble Quarry, near the Town of Marble, is the source of marble that has been used for many well-known monuments, including the Tomb of the Unknowns in Arlington National Cemetery. Representatives for Arlington National Cemetery approached the owner of the quarry to obtain a replacement for the existing Tomb, which has deteriorated beyond long-term repair. The Marble Historical Society decided to oversee efforts to raise funds to quarry a new block for the Tomb. It appears from the record that the Historical Society asked the Town to appoint a committee to advise the Town Board regarding the project. In October 2003, the quarry owner submitted a formal proposal to the Board that one block of marble be quarried as a replacement for the Tomb, that a second block be quarried as insurance against the possibility of damage to the first block during transport to Arlington, and that both blocks be placed at Mill Site Park for finishing. Mill Site Park is owned by the Town, and is the historic site of the mill at which Yule Marble was milled. The owner also proposed that, if the second block were not needed, it be kept and permanently displayed at the park. The Town's Board authorized the mayor to appoint members to the Mill Site Committee, and to define the committee's roles and responsibilities to include advising the Board about gathering public opinion on the project and available options. The mayor I proposed that the committee comprise two Board members, two Historical Society members, and two at-large members. On November 1, 2003, the Mill Site Committee held a public meeting, which attendees described as ugly, divisive, and confrontational. The matter was discussed again at the November 6, 2003 Board meeting. The quarry owner presented the question of whether a museum and visitor center memorializing quarrying, carving, and transporting marble for the Tomb should be located in the Town. The Board permitted six citizens to address the issue. When the committee met on November 19, those in attendance agreed that three additional members should be appointed to the committee. Plaintiff Dana Darien was selected as committee chair, and one of the Board members, defendant Hal Sidelinger, was selected as co-chair. The committee agreed to meet once in December and twice in January. The mayor informed the committee that its role was to advise the Board regarding ways to gather public opinion on the proposal, to develop options, and to present them to the Board. The mayor told the committee it needed to report back to the Board by February 5, 20041 The agenda for the Board's regular December 4 meeting included, under the caption "Administrative," "Authorize Town Attorney to contact SBA." It also noted that the committee would meet on December 11. The Small Business Administration (SBA) had conveyed the park property to the Town with a deed restriction that limited use of the property. The Board's meeting minutes show that the Board authorized the Town attorney to contact the SBA to obtain its opinion about whether a variance to the deed restriction could be obtained to permit the construction of a small nonprofit museum, gift shop, and visitor center at the park. At the committee's December 11 meeting, the mayor rescinded the February 5 deadline to allow the committee more time to complete its work. The committee discussed options about how to gather valley-wide public opinion, agreed that a survey of property owners and voters was necessary, and agreed that it would be necessary to contact the mayor and the Historical Society about funding. it scheduled additional meetings for January 15 and January 29, 2004. 4 The Town posted notice that the Board's regular meeting would be held on January 8, 2004, together with the meeting agenda, which included fifteen minutes for the following: 6. Mill Site Committee Update Hal 7:30 to Sidelinger 7:45 PM • Authorization for Mill Site Committee survey expenditure(s) • Endorse replacement of MSC member. The following notices appeared below the agenda. The next Town Board meeting will be held Thursday, February 5, 2004 The next Mill Site Committee meeting will be held Thursday, January 15 at 7:00 p.m. in the school. At the January 8, 2004 Board meeting, Sidelinger read a portion of the Town's master plan that stated: "The community does not want to host more visitors by promoting, exploiting or otherwise marketing the Mill Site as an attraction. The historic site should be left in its existing state." Based on this part of the plan, Sidelinger said he could not support the project with a museum at the site. He also said he could support the quarrying of the stone, and perhaps the carving • the stone, but felt there should be n,#-, permanent display of the second stone. Acting in his capacity as a 11 member of the Board, he then made a motion that the Board not allow a permanent structure for the Tomb project at the site, nor allow the second block of marble to be on permanent display there. The Board approved and adopted the motion. The Board then appointed two new members to the Mill Site Committee to replace two who resigned. Although many townspeople who favored the project had attended several previous Board meetings on the project, none were present when the Board voted to reject it. The minutes of the Mill Site Committee's January 15, 2004, meeting state that the committee's focus had changed and that the options that had been under consideration were no longer applicable because the Board had directed it to develop options for development of the site that fit the master plan. The committee cancelled the meeting that had been scheduled for January 29, KOO During Board meetings in February and March, plaintiffs and others protested the January vote. Plaintiffs wanted a chance to address the issue at the public meeting before the Board voted, and they asked the Board to rescind the January 8 vote. After the 6 Board declined to do so, plaintiffs filed suit alleging violations of the H Plaintiffs contend that the trial court erred when it concluded that the public notice for the January meeting complied with the OML. We agree. , 0 Because the application of statutory requirements is a question of law, we review the trial court's decision de novo. Charnes v. Central City Opera House Ass'n, 773 P.2d 546 (Colo. 1989); People ex rel. Woodard v. Colo. Springs Bd. of Realtors, Inc., 692 P.2d 1055 (Colo. 1984); Elrick v. Merrill, 10 P.3d 689 (Colo. MEMO In accordance with § 24-6-401, "the formation of public policy is public business and may not be conducted in secret." To this end, a governmental body may hold a meeting at which it adopts, among other things, a policy or position only after "full and timely notice to the public." Section 24-6-402(2)(c). Such notice must be posted in accordance with the statute and include "specific agenda information where possible." Section 24-6-402(2)(c). The adoption 7 of a policy or position without first providing "adequate and fair notice" to the public is contrary to the salutary purpose of the OML. Benson v. McCormick, 195 Colo. 381, 384, 578 P.2d 651) 653 (1978) . Yet the supreme court has also stated that the statute establishes a "flexible standard aimed at providing fair notice to the public." Benson v. McCormick. supra, 195 Colo. at 384, 578 P.2d at 653. When applying this flexible standard, we consider the nature of the governmental action, the importance of ensuring that the public has an opportunity to participate, and the extent to which giving notice would unduly interfere with the ability of public officials to perform their duties in a reasonable manner. For example, because the nature of a committee meeting differs from that of a monthly board meeting, the requirement of full and timely notice for each also differs. Benson v. McCormick, supr , 195 Colo. at 384, 578 P.2d at 653. To ensure the public has an opportunity to participate, the absence of a measure's proponent or of a witness who has important information may require that consideration of a measure be postponed to a later date. And when there are unforeseen developments, it may be reasonable for a 8 governmental body to consider unexpected measures regarding which no notice was given or to consider a measure out of order. See Benson v. McCormick, supra, I. Here, the action was that of a public board, and the Board's action rejected a project in which there was significant public interest. The community had formed a committee, which was investigating alternatives, had conducted meetings, and was scheduled to conduct two meetings in January. The Board had embraced the committee process, and the mayor had instructed the committee to suggest ways to obtain public opinion. Although the mayor first instructed the committee that it was to provide its report on February 5, he had extended that deadline before the Board met on January 8. It was anticipated that the new deadline would be in May. The Board's approval of the committee process and the mayor's request for guidance on ways to obtain public opinion demonstrated that the community and the Board agreed that the public should be involved in the decision-making process. The Board made its decision regarding the project on January 8 in the 9 absence of the project's proponents. Given the original deadline of February 5, and the mayor's grant of an extension of time beyond that date, it does not appear that giving notice of the Board's intention to make a final decision about the project at a later meeting would have unduly interfered with the Board's ability to conduct its business in a reasonable manner. These circumstances inform our determination of whether the Town gave full and fair notice that the Board would make a decision regarding the project at its January 8 meeting. C. The notice explicitly stated that there would be a Mill Site Committee update, that the update was scheduled to take fifteen minutes, that it would include authorization of funding for a survey of public opinion, and that it would also include the appointment of an additional committee member. We perceive no ambiguity in this notice. It explicitly conveyed that the committee would bring the Board up to date regarding its activities. It also said the Board would consider whether to authorize funding for a public opinion survey. This agenda item was consistent with the circumstances known to the public at the 10 time of the notice. At its previous meeting, the committee agreed to advise the mayor and the Historical Society that funds were needed to conduct such a survey. The notice also stated that the committee would meet again the following week. Thus, the notice did not say that the Board would make a final decision and provided no basis for the public to infer that the Board would vote on whether to accept or reject the project at its January 8 meeting. Nonetheless, the Town asserts that the word "update" constitutes specific agenda information and includes the possibility of a vote during a town meeting. "Update" means to bring up to date, Webster's Third Ne Intenational Dictionary 2517 (1986), or, to incorporate new (1991) . Although the trial court stated only that "update" suggested there would be a report and discussion, we conclude that it plainly conveyed that there would be a report and discussion. Despite the plain meaning of update, the trial court stated that it would not be unusual for a discussion to lead to a consensus regarding the resolution of an issue and, on this basis, concluded that the notice complied with the statutory requirement. it However, the OML requires full and timely notice including specific agenda information. Although in other circumstances it might not be unusual for a discussion of an agenda item to lead to consensus regarding an issue, under the circumstances here, the notice did not provide full and fair notice that the Board would make a final decision regarding the project. Instead, the most straightforward meaning of the notice was that the committee would continue its work at a meeting the following week. To conclude otherwise would enable governmental bodies to act without notice regarding matters of broad public interest even when giving notice would not unduly interfere with the bodies' ability to perform their duties in a reasonable manner. This interpretation would defeat the explicit requirements of the OML. We conclude that the notice here conveyed that the committee's work would continue and, hence, that there would not be a final decision regarding the project. Therefore, we conclude that the notice was not full, adequate, or fair under the circumstances. 12 M The Town also contends that it complied with the statute in that it was not possible to provide specific agenda information regarding the vote because it did not know there would be a vote. We are not persuaded. The statute requires that notice include "specific agenda information where possible." Section 24-6-402(2)(c). The Town does not contend that circumstances beyond the Board's control made it impossible to include notice of the vote. To the contrary, it contends that, upon the motion of Board member Sidelinger, the Board decided to depart from the specific matters stated in the agenda. Nor does the Town contend that urgent circumstances required an immediate decision. As already noted, the mayor's most recent extension of time to the committee indicates there was no urgency. We must interpret and apply the phrase "where possible" in a manner that is consistent with the OML's purpose of ensuring that public policy is not formulated in secret. Here, we conclude that the phrase "where possible" does not relieve the Board of the requirement to provide full and fair notice including specific agenda 13 information. Given the Board's awareness of the extensive public interest, the absence of the project's proponents from the meeting, the lack of urgency, and the absence of evidence that postponement of the decision would have unduly interfered with the ability of the Board to perform its duties, application of the statutory phrase "where possible" as urged by the Town would be contrary to the OML's requirement of full notice. To decide otherwise would enable the Town to resolve a matter of known public interest away from the scrutiny of those known to be the most interested. Therefore, we conclude the trial court erred when it held that the notice complied with the OML. Under § 24-6-402(9), C.R.S. 2006, in any action in which the court finds a violation • the section, the court has the authority • enforce the section by injunction and shall award the prevailing citizen reasonable costs and attorney fees. Accordingly, we remand to the trial court with instructions to issue an order declaring the January 8 vote regarding the project void and enjoining the Town to give public notice in accordance with the OML if it intends to vote on the Mill Site Park project again. We also direct the trial court to award plaintiffs their reasonable costs and attorney fees. 14 Because we reverse, we need not address the Town's cross- appeal for an award of attorney fees. The judgment is reversed, and the case is remanded for further proceedings consistent with this opinion. JUDGE J. JONES concurs. JUDGE CASEBOLT dissents. 15 JUDGE CASEBOLT dissenting. In my view, the Town of Marble provided full and timely notice of its January 8, 2004, meeting and supplied the specific agenda information that the Open Meetings Law, § 24-6-401, et seq., C.R.S. 2006, requires. I therefore respectfully dissent. The Open Meetings Law, an initiative proposed and passed into law by the Colorado electorate, reflects the considered judgment of the People that democratic government best serves the commonwealth if its decisional processes are open to public scrutiny. Indeed, the statute's declared purpose as set forth in § 24-6-401 is "that the formation of public policy is public business and may not be conducted in secret." To that end, the statute [�,rovides public access to a broad range of meetings at which publio business is considered. Benson v. McCormick, 195 Colo. 381, 578 P.2d 651 (1978); see also Bd. of County Comm'rs v. Costilla Count Conservancy Dist., 88 P.3d 1188 (Colo. 2004). The statute should be interpreted broadly to further the legislative intent that citizens be given a greater opportunity to become fully informed on issues of public importance, so that 16 meaningful participation in the decision- making process may be achieved. See Cole v. State, 673 P.2d 345 (Colo. 1983). Section 24-6-402(2)(c), C.R.S. 2006, the operative provision at issue here, states: Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty- four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible. There are two key phrases in this provision. The first, "full and timely notice," is not a defined term in the statute. As the court recognized in Benson v. McCormick, supra, 195 Colo. at 383, 578 P.2d at 653., the plain language of the Open Meetings Law "neither establishes the manner in which notice must be given nor defines the content of the required notice." Instead, the term 17 "establishes a flexible standard aimed at providing fair notice to the public." Benson v. McCormick, supra, 195 Colo. at 383, 578 P.2d at 653. The second phrase, added to the statute in 1991, mandates that "[t]he posting shall include specific agenda information where possible." That phrase is not defined in the statute, and there are no Colorado authorities interpreting or applying the term. Accordingly, this case presents an issue of first impression. We review statutory interpretation de novo. McCall v. Meyers, 94 P.3d 1271, 1272 (Colo. App. 2004). Our primary task in construing a statute is to determine and give effect to the intent of the General Assembly. Colo. Dep't of Revenue v. Woodmen of World, 919 P.2d 806 (Colo. 1996); Jones v. Cox, 828 P.2d 218 (Colo. 1992). We look primarily to the language of a statute to determine legislative intent. Jones v. Cox, supra, 828 P.2d at 221. In determining the meaning of a statute, we must adopt a construction that will serve the legislative purposes underlying the enactment. Howard Elec. &, Mech., Inc. v. Dep't of Revenue, 771 P.2d 475, 479 (Colo. 1989). 18 When reviewing a specific provision of a statute, we consider the statutory scheme as a whole in an effort to give consistent, harmonious, and sensible effect to all its parts. We give words and phrases their plain and ordinary meaning. Bd. of County Comm'rs v. Costilla County Conservancy Dist., supra, 88 P.3d at 1192-93. We presume that the General Assembly intends a just and reasonable result, § 2-4-201(1)(c), C.R.S. 2006, and one that is feasible of execution. Section 2-4-201(1)(d), C.R.S. 2006. Applying those principles here, I note that in the second key phrase, the statute employs the word "posting" to refer to the physical notice that the public body places in a designated spot. The statute indicates this posting "shall include" certain information. The word "shall" essentially means "must." Thus, there is an obligation to include the designated information. See Skruch v. Highlands Ranch Metro. Dists. Nos. 3 &, 4, 107 P.3d 1140 (Colo. App. 2004). When posting is used as the method of notification to the public, the statute requires that the physical document be placed in the designated spot no less than twenty-four hours before the 19 meeting commences. Thus, the statute defines a point in time at which the obligation must be met. "Agenda information" connotes a list of things to be done or considered, as items of business or discussion to be brought up at a meeting. See Blacks Law Dictionary 85 (7th ed. 1999); Pokorny v. City of Schuyler, 202 Neb. 334, 275 N.W.2d 281 (1979)(purpose of agenda requirement is to give some notice of the matter to be considered). And "specific" means definite or explicit. See Black's Law Dictionary, supra, at 1406. "Where" in the context of "where possible" has several potential meanings. The word can mean location, see Vsetecka v. Safeway Stores, Inc., 183 Or. App 239, 51 P.3d 688 (2002), rev'd on other grounds, 337 Or. 502, • P.3d 1116 (2004), but that meaning does not fit here, because the statute already designates the place. In other contexts, "where" can mean "whenever," see People v. Seto 162 Misc. 2d 255, 616 N.Y.S.2d 890 (N.Y. Sup. Ct. 1994), or "if." See B.F. Avery A-Sons Co. v. Davis, 192 F.2d 255 (5th Cir. 1951), disapproved of in part on other grounds by Katchen v. Lands, 382 U.S. 323, 338-39 86 S.Ct. 467, 477-787 15 L.Ed.2d 391 (1966), K41 Giving a consistent, harmonious, and sensible effect to all parts of the statute requires "where" in this context to mean "when" or "if." "Possible" has been defined as falling or lying within the powers of an agent, being within or up to the limits of one's ability or capacity, falling within the bounds of what may be done or may be attained, Webster's Third New International Dictionary 1771 1 (1976); capable of happening, occurring, or being done, American Heritage Dictionary 1370 (2000); or within a person's power, Shorter Oxford English Dictionary 2295 (2002). In turn, "if possible" has been defined to mean "if feasible" or "if practicable," and implies the exercise of discretionary judgment. See Headid v. Rodman, 179 N.W.2d 767 (Iowa 1970); State ex rel. Bd. • Fund Comm'rs v. Holman, 296 S.W.2d 482 (Mo. 1956)_ Reasoning from these interpretations, and in the context of "fair notice," I conclude that the information that must be included within such a posting is whatever definite items of business or issues for discussion the public body knew or intended would arise when it posted the notice. Knowledge of or intent concerning what will arise or what will be decided is required because it would be unreasonable and unworkable to require the notice-giver to include 21 in such posting items of which he, she, or it is unaware or does not intend will be discussed or acted upon. It is not feasible or practicable to include in a notice something about which the notice- giver does not know. See � 2-4-201(1)(c) (presumption that the General Assembly intends a just and reasonable result); § 2-4- 201 (1) (d) (presumption that the General Assembly intends a result that is feasible of execution); Brady v. City &, County of Denver, 181 Colo. 218, 508 P.2d 1254 (1973)(no provision of the law should be interpreted in a way that requires an impossible task); cf. § 24-6- 402(7), C.R.S. 2006 (clerk of local public body shall maintain list of persons who have requested notification of meetings when certain specified policies will be discussed and shall provide reasonable ;?.dvance notice of such meetings, "provided however, that unintentional failure to provide such advance notice will not nullify actions taken at an otherwise properly published meeting" (emphasis supplied)). To the extent the statutory phrase "where possible" is ambiguous, examination of the legislative intent reveals support for this interpretation. See Allely v. City of Evans, 124 P.3d 911 (Colo. App. 2005)(if the language of a statute is ambiguous or conflicts WO with other provisions, court may look to legislative history, prior law, the consequences of a given construction, and the goal of the statutory scheme). Representative Adkins offered the addition of the phrase "where possible" to the statute in the 1991 amendment to the Open Meetings Law. As her justification, she stated that "where possible" should be added because "You can't get an absolute agenda for every meeting, so I think you need the clarification [of] where possible." Hearings on S.B. 91-33 before the Senate Judiciary Committee, 58th General Assembly, 1st Session (Feb. 26, 1991). Therefore, the fairness and adequacy of the notice should be judged by what the notice-giver knew would be done or discussed, • intended would • done • discussed at the meeting, as measured at the time the notice is posted. Thus, when a public body or one of its members knows or intends that a definite item will be discussed or that a particular action will be proposed, it is clearly within his, her, or its capacity or ability to have that item included in the agenda contained in the public notice. Here, no member of the Town Board had an intention to propose to take or actually to take final action on the mill site issue at or before the time the notice of the January 8 meeting was posted, and no member knew that such action would occur. Indeed, the person who made the motion to preclude a permanent structure for the Tomb project at the mill site testified at trial without contradiction that he had no preconceived intent or plan to do so. Instead, he formulated the motion only after discussion of the issue ensued when the "Mill Site Committee Update" item arose at the meeting. In addition, the town clerk, who prepares the notice of regular monthly meetings, testified without contradiction that she had no indication that any action was intended or would be proposed on the mill site issue. Thus, the Town included within its posting all specific agenda information that was possible to include at the time it posted its notice. Accordingly, I disagree with the majority's determination that the public notice given for the January 8 meeting did not comply with the Open Meetings Law. It is clear from the record that the Board had no intention to make a final decision when the notice was posted and that none of its members or employees knew such action would be proposed or taken. The Board's lack of such knowledge or intent renders the notice full and timely, and the W notice thus complies with the requirement that it include specific agenda information "where possible." The majority acknowledges that the public notice did not convey that the Board would make a decision on the project. The notice specified that there would be a "Mill Site Committee Update" and that there would be "authorization for Mill Site Committee Survey expenditure(s)" and "replacement of a committee member." Such matters are what the Board knew would be discussed or authorized. Contrary to the majority, I do not think the statute requires more. Given my analysis of what the statute requires, I do not perceive that the Board was prohibited from acting upon the motion concerning the placement of a permanent structure at the mill site during its January 8 meeting simply because the posted notice did not state that such action might occur. As the court noted in Benson v. McCormick, supra, when there are unforeseen developments, as here, it may be reasonable for a governmental body to consider unexpected measures regarding which no notice was given. And while it is unfortunate that supporters of a permanent structure at the mill site were not present when the 25 Town Board acted, courts should not invalidate actions of a governmental body for that reason alone. Instead, only when a statutory violation occurs will such actions be negated. See § 24 -6- 402(8), C.R.S. 2006 (no formal action shall be valid unless taken or made at a meeting that meets the requirements of § 24-6-402(2)); Hyde v. Banking Bd., 38 Colo. App. 41, 552 P.2d 32 (1976). Nothing in the Town Board's actions before January 8 persuades me that a different result is warranted. Clearly the Town was interested in obtaining public input concerning the project: it had placed some of its board members on the Mill Site Committee and had asked the Committee to report to the Board. However, the record establishes that the Board had never committed to take a public survey and had never told the Committee or the public that it would wait until a particular date before making any decision on the issue. Moreover, while it is true, as the majority states, that giving notice of the Board's intention to make a final decision regarding the project (assuming it had such an intention, which it clearly did not here) would not have unduly interfered with the Board's ability to conduct its business in a reasonable manner, I do not construe 26 the Open Meetings Law to require that the Board affirmatively state that such action might occur at an upcoming meeting before such action can be valid under the law. The key issue in this case is not what information could be included in the notice; rather, the issue is what information the statute requires to be included. While the General Assembly could have limited a public body to taking action only on those items and topics and only to the extent specifically identified in its agenda, it did not do so. The statutory language simply states no such thing. The majority's determination can be read to limit a board to doing only those things specifically stated in the notice and to preclude any action or discussion outside the narrow boundaries set thereby. Because the Open Meetings Law was not intended t* "interfere with the ability of public officials to perform their duties in a reasonable manner," Benson v. McCormick, supra, 195 Colo. at 383, 578 P.2d at 653, and because the majority's view could unduly delay decisions of public officials, I cannot subscribe to it. In my view, the more flexible standard of including in the posted notice i b only those things that a board knows or intends will occur better M serves the policy of noninterference. Hence, actions that were not foreseen or intended at the time notice is posted are not invalid. In summary, this case does not present a situation in which decisional processes were closed to public scrutiny. Nothing in this case was decided in secret; indeed, the action was taken at an open meeting. Because it was not possible to include in the notice an action that no Town Board member contemplated at the time the notice was posted, I would conclude the Town complied with the Open Meetings Law. 28 Suniniary: Attached are the proposed 2007 Council assignments for 2007 for discussion during Council updsteson 11 /28/06. Counci| has a/no been asked 10 Provide a |ist oftopice 10 make up a future planning session during one of the next vvom rnee1inQc Examples Provided by Ron include some of the foUovvnQ� Training/Refresher on Council cnnduc1 and regu|21ions (included on the 11/28/06 apend). Housing. RETT, East Town Cen1er, West Town Center. ViUaQe Metro District Oversight & reporting, Village ToWN OF AVON C 0 U V ea 7 4 ki.'6 W.W4 at T I AS Assigned Area Liaison With Other Governments & Multi- jurisdictional Organizations, i.e. Cast and 1-70 Group ECO Board Community Development Subcommittee Legal Subcommittee Comp Plan Steering Committee Village At Avon Liaison Council I Staff Assignments 2006 Town Manager, Mayor and Mayor Pro Tern Ron Wolfe, Alt: Kristi Ferraro Brian Sipes, Kristi Ferraro, Chris Evans, Chris Green Tamra Nottingham Underwood, Kristi Ferraro, John Dunn Mac McDevitt, Brian Sipes, Amy Phillips Mayor, Town Manager (not a scheduled meeting) Amy Phillips, Mac McDevitt Home Buyer's Assistance Committee ( 46HBAC19) Channel 5 Board Open Space Committee (OSAC) Debbie Buckley, Alt: Amy Phillips Ron Wolfe, Alt: Brian Sipes Eagle County School I Tamra Nottingham Underwood District Avon Arts Council Ron Wolfe, Tamra Nottingham Underwood Brian Sipes, Tambi Katieb/staff Mac McDevitt November 21, 2006 Proposed 2007 Town Manager, Mayor and Mayor Pro Tern Town Manager, Dave or Rich & Brian (change to a regularly scheduled meeting) Amy Phillips, Rich Carroll Amy Phillips, Alt Rich Carroll Ron Wolfe, Alt: Brian Sipes Tamra Nottingham Underwood Ron Wolfe, Tamra Nottingham Underwood Brian Sipes, Eric Heidemann/staff Dave. Rich or Tamra Town Council (as Housing Authority?) r To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jacquie Halburnt, Director of HR & Risk Management Date: November 21, 2006 Re: Maternity Leave Summary: At the budget retreat council asked staff to review options for maternity leave. Specifically, a few council members were extremely concerned that Avon did not offer maternity leave immediately upon hire to its employees. Background: Since 1993 when it was enacted by President Clinton, Avon has used the Family Medical Leave Act or FMLA to address maternity leave. Prior to 1993, employees used accrued paid time off for maternity leave. Under FMLA, eligible employees are entitled to take up to 12 weeks of unpaid, job protected leave during each rolling 12 -month period for the birth and care of a newborn child, for the placement of a child with the employee for adoption or foster care, to care for an immediate family member (child, spouse, or parent) with a serious health condition, or because the employee's own serious health condition makes the employee unable to perform an essential function of his or her job. Our responsibility as employers is to maintain health benefits during any period of unpaid leave under the same conditions as if the employee continued to work. Additionally, the employee must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment upon return from leave. While FMLA is unpaid leave, Avon allows employees to use any and all accrued paid time off during this time. An employee is eligible for FMLA if he or she has worked for Avon for 1250 hours in the past 12 months. Employees earn paid time off immediately upon hire. Each employee receives two personal days, one paid time off or PTO day and one sick day when they are hired. Employees then earn 8 hours of sick time and 8 hours of PTO time per month. I can personally think of three instances in the last four years when an employee or an employee's spouse was pregnant or had just give birth upon hire and therefore not eligible for FMLA. In the first instance, the employee had accrued two weeks paid time off before giving birth and we allowed her to receive another paid three weeks off by essentially go "into the hole" (for a total of 5 weeks off). In the second and third instances, the employees were spouses of women who'd given birth. In the second instance, we allowed the employee to flex as much time as he needed along with taking two weeks off with accrued time. In the third instance, the employee's wife had given birth days before he started and we again offered to allow him to flex as much time as he needed along with also going "into the hole" by two weeks of paid time off. Discussion: We are members of the High Country Human Resources Association, an organization that provides employer support through educational opportunities, networking and modeling high ethical standards in the mountains. We have developed a network of contacts through the organization and were able to email members to inquire about their maternity leave policies. A table is attached outlining the responses we received. Out of the thirteen responses we received, five told us they use short-term disability or STD to address maternity leave in addition to FMLA. Only one entity makes STD effective immediately and then it is accrued based on hours worked. The other four have waiting periods of 1 month, 90 days or 1 year. Three entities required employees to use all accrued paid time off before receiving STD, one required using all but 40 hours and one had no requirement because they do not offer sick time. Instituting an STD policy would cover maternity in addition to injuries that require surgery or a hospital stay. STD policies can be written to our specifications to address our needs. Financial Implications: There are two options for STD policies. The first option is a fully- insured plan, which means the insurance company pays the employee directly. The quotes have ranged from $17,000 - $22,000 a year based on a 60% plan. Option two is a self - insured policy, which would be administered by CBSA for $2 per employee per month ($2,616 total per year). CBSA would also act as the "advice to pay" advisor to determine which claims are payable. This policy would require the town to directly pay the employee for STD. We may also have an additional cost of a few thousand dollars for plan design with this option. Town Manager Comments: f, F r` r L { • Page 2 CL :3 CD >1 ca 4a) a) M IM co ca IL) cu N CL CU C\l C.) CL Q cu !g co -0 co cu E E C) cu :3 Q 0) c CO CL CL a) 0 0 -le (D < a) O < co O o — 46 E U) E lqr CD LL a) U- < U- 'a 0 a) U- C6 cu a) (D E c cu c to O (D .1Z a) U- (D =3 co 3: a) 3: (6 3 E 8 _0 (D 2 a (0 CV cli (0 Clq -le (D CO 7a CL 0 — cO a) — > 0 0 0 — 0 — :3 cn cu a) :3 cu *6 CL :3 ca — a :3 CIL :3 0 0 cu 0 C >1 co 0 -a , 0 >1 ca aL E ca =3 a) C) cq a) CL (D CL co a- E c a) LO a) 0 -a 0 0 0 3: -.-0 -0-0 c _0 0 co :3 io C.) O — co 0 cli CD co (0 cli 0 — 0 E CL 0 (D 13 Q 0 0 (D LL 0 a) 0 0 0 cu 0 C: 0 E 0 as cz c a) CL OO (D 0 co CD E Cf) ca CL 0 >1 x x x X X x 0 (D 3 r- ?.I E LO co 0 0 i CD a) E Cli 0 co (D 0 a) =3 0 -C ZZ (D cti E ca C> 00 as A >, Co w CL 0 E 75 cu _0 co ? E E c 0 Q T 0 (D :s x x x x x x x x x x 0 E A cu cc Q (D c a) Tn 0) m c U) 0 0) Z F- '5) 9- E Ch c -a (D 0 > 0 CD '2)O >D, w .2 0 a- CL 0 -a 0 -a 0 ca w E o 0 "5 — 0 E CL E cz (D CD w w Co X fn =3 t 4a) as 0 E CL 0 E 0 0 co cc Z5 w > A: > 0 (0 is > fii tFi t0 o W -0 > >0 32, To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager e--A From: Scott Wright, Finance Directok,.�.�--- Date: November 22, 2006 Re: Fund Balance Policy Summary: The attached resolution adopting a fund balance policy for the Town is a result of discussion among staff and inquiries of other towns regarding what is an appropriate level of fund balance given the Town of Avon's financial circumstances. Discussion: Attached is a calculation of staff's recommended minimum fund balance reserve both on a dollar amount basis and percentage of operating expenditure basis. The recommended percentage of operating expenditures is 35% which is the equivalent of approximately four 1.� 9 months of operations. This figure that was arrived at seems to be appropriate given the actual fund balance that the Town is projecting for 2007, as well as the level of fund balance that other towns have deemed necessary in their policies. Below is a sample of towns in the Colorado Association of Ski Towns (CAST) that responded to the Town's inquiry as to their respective fund balance reserve policies: Frisco 75% Minturn 50% Dillon 25-50% Breckenridge 25% Estes Park 30% At the worksession on Tuesday, I will have a brief powerpoint presentation to review our calculations in more detail and present some historical information on the Town's fund balances. Page 1 Town Manager Comments: Attachments: Calculation of Recommended Fund Balance Reserve Resolution No. 06-52 Exhibit A — Fund Balance Reserve Policy 0 Page 2 TOWN OF AVON CALCULATION OF RECOMMENDED FUND BALANCE RESERVE NOVEMBER 28, 2006 2007 Operating Expenditures: General Fund Transit Fund Fleet Maintenance Fund Total Calculation of Recommended Reserve Percentage Base Reserve for Liquidity and Working Capital Reliance on Sales Tax Revenues / Tourism-Based Economy Reliance on One Major Sales Tax Payor Required TABOR Emergency Reserve Other Contingencies: Gondola Contribution - 2008 and Beyond Total Recommended Fund Balance Reserve 11,810,7318 2,862,492 2,174,105 16,847,335 15.00% 7.50% 7.50% 3.00% 33.00% 5,559,621 300,000 5,859,621 As a Percentage of 2007 Operating Expenditures 34.78% RESOLUTION NO. 06-52 AITA a Eel a [awl • ON WHEREAS, a formalized fund balance policy is an indication of good fiscal management and exists as a positive disciple in long-tenli financial management; and WHEREAS, The Town of Avon recognizes the importance of maintaining an appropriated level of undesignated fund balance in order to mitigate current and future financial risks; and WHEREAS, the Town of Avon is highly depended on sales tax revenues in a tourism-based economy. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Town Council of the Town of Avon, Colorado, adopts a FUND BALANCE POLICY, a copy of which is attached and marked as EXHIBIT A. ADOPTED this 28t" day of November, 2006. H[81"ASMSIVAAN �46 P.W.0961 Ronald C. Wolfe, Mayor Patty McKenmy Town Clerk EXHIBIT A TOWN OF AVON FUND BALANCE POLICY November 28, 2006 Background. The teinifind balance is used to describe the net assets of governmental funds calculated in accordance with generally accepted accounting principles (GAAP) In and is intended to serve as a measure of the financial resources available in a governmental fund. It is essential that the Town maintain adequate levels of fund balance to mitigate current and future risks (e.g. revenue shortfalls and unanticipated expenditures). Fund balance levels are an important consideration in long-term financial planning and credit agencies carefully monitor levels of fund balance in a government's general fund to evaluate a government's continued creditworthiness. Because of the Town's dependence on sales tax revenue in a tourism-based economy a conservative approach to managing fund balances reserves is warranted. After evaluating the Town's operating characteristics and financial resources available in other funds, reliability and seasonality of revenue sources, reliance on individual sales tax payers, weather and other environmental concerns, working capital and liquidity needs, impact on bond and credit ratings, economic outlook, emergency requirements, and other contingencies, the Town establishes the following policy regarding the fund balance of the general fund for the Town of Avon, Colorado. The Town of Avon recognizes the need to maintain a prudent level of fund balance to protect against reducing service levels or raising taxes and fees because of temporary shortfalls or unpredicted one-time expenditures. The level of combined fund balances in the General Fund, Transit Fund, and Fleet Maintenance Fund that the Town will maintain as unreserved and undesignated is an amount equal to or greater than 35% (approximately four months equivalent) of the Town's General Fund, Transit Fund and Fleet Maintenance Fund operating expenditures. Unusual items that would distort this calculation (e.g. one-time revenues and expenditures) shall be excluded. Any fund balance in excess of the amount calculated above may be utilized for any other municipal fiscal purpose, without limitation. This policy is adopted by the Town of Avon in order to recognize the financial importance of a stable and sufficient level of fund balance. The Town reserves the right to appropriate funds from field balance for emergencies and other requirements the Town believes to be in the best interest of the Town. -emu: Larry Brooks, Town Manager From: Eric Heidemann, Community Development Director Dale November 22, 2006 Re: Housing Workshop Open House Introduction: ed to prepare the Town of Avon Housing Needs As you are aware, RRC Associates was contract Assessment. The scope of work is expected to provide new information for Avon as to where housing strategies and programs could most effectively be targeted. To date, staff has received a Draft Housing Assessment and is continuing to refine the report with the consultant. , The next task in the scope of work includes holding an Open House. Staff has scheduled the Open House on December 7th, 2006 from 5:00 to 7:00 pm in the Town Council Chambers to present the finding and solicit input from the community on the draft report. Representatives from RRC, along with Town staff, will be available during the Open House to answers question and facilitate the Open House. We expect an informal Open House where members of the public are encourage participate. ma Memo to Town Council Re: Housing Needs Assessment Update FINANCIAL MATTERS November 21, 2006 1. YTD Building Revenue Report Actual vs Budget - October 2006 2. Detail - Real Estate Transfer Taxes - October 2006 3. Accomodations Tax Worksheet Actual vs Budget - September 2006 4. Sales Tax Worksheet Actual vs Budget - September 2006 a C� O 0 -;jl CO Ln r- CC) • co Ol 0 C:) co G) In ,-A El a 0 a4 0 El m 0 UM lZI co co 'j, I-i IV 1-4 0 c"I (N MNON l0 0 r- k-0 I-i El CYl . . . . . . . W M N et' Ln --i r- -ZV MNNM ev CD �o C)oc)m w n 0 (n Q0 (7) m 1-4 0'1 N 4f) (D CO 1-1 0� I; CF.) 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Vista 35-O8 5.914.40 Title Comp Rockies Mtn. Vista 3G-0O 5.314.00 Title Comp Rockies Mtn. Vista 37-OG 1.194.90 Title Comp Rockies Mtn. Vista 38-U0 4.459.00 Title Comp Rockies Mtn. Vista 3Q-0G 2.76470 Title Comp Rockies Mtn. Vista 41-06 2.345�50 Title Comp Rockies Mtn. Vista 1305-38 30.00 Title Comp Rockies Mtn. Vista 1722-1724' 14 260.00 Title Comp Rockies Lakeside Terrace 35-0G 2.024.60 Title Comp Rockies Lakeside Terrace 37-06 400.00 Title Comp Rockies Lakeside Terrace 38-06 42980 Steven & Melissa Gross Lakeside Terrace B-4O2-48 140.00 James R.(]uffey Sunridge ||C-1O3&H-2O4 14.000.00 A|iaunS|atkoff Sunridge ||C-3O3 3.20000 Jesus D.Suarez Sunridge ||H-2U3 2.840.00 Thomas &Gabrielle Zahoreky Sunirdge|||-1O1 2.54000 Kyle Roberts Sunridge A-105 6.240.00 Christy Brown &Jeffrey Ball Sunridge || G-101 3.300.00 Joseph & Rebecca Schlegel Barnanoae|C-0 3.830.00 Rita Pigott Trust Avon Lake Villas C-3 9.500.00 Donald M. Golden Bridgewater Terrace B-4 8.300,00 Cecil & Nancy Rickman Stone Creek Condo 102 0.300,00 James C. || & Leslie Shind|er Lot 11-B B|k 1 Eag|ebend 25.000.00 Joseph & Jessica Ritchie Chapel Square B-223 3.600.00 KrentonRohrinQ& Christina Anthony Lodge 8DBrookside 114 4.600.08 Todd VV.Peters 4U4UEag|ebendDr. Ar16 23.300.00 Todd Grzywinski& Steven Guarasoio Avon Crossing ||31O3 8.850.00 Gregory O.Robinson Canyon Run H-3O1 11.500.00 Knnh Residence Trust Lot 25 Mtn. Star 28.00000 Richardson Partners LLC 152 Mtn. Sage Lot 3 68.00U0 Purchaser Name Town of Avon Real Estate Transfer Tax Calendar Year 2OOO Property Ignacio KA.De|raola&BeathzK8. Martinez 211O Long Spur B Steven T.Vanolyke& Jill Alexander C|iffroseTovvnhomesA,17 Casey &TenaseHolmquist Sage Hill Tnwnhnmea2 Janet & Gregory Kozmn Lot 53,4B|k4VVi|dhdge Ernest & Bonnie Atlas Lot 14B|k3VVi|dridge Total October Revenue TotaYTDRevenun Total 2006 Budget Amount Received 410 11111 "Ill 11" MI so 329,048.50 2.529.121.27 2.500.000.00 Variance, Favorable (Unfavonab|e) $ 20.121.27 N� �� F- W cn z 0) O QL ap� U- r W ® Z i O q a C 0 C) O Q Q 03 .0 N N O N OS O, c6 O O O OU O 0 ~ -) LL cG Q -) -) Q UJ O Z 0 O O O O O O O O O O O O O O O O O O co D �t N O 6o0 L 6D d 9 ' N � 9 4 6 Cf? 6S roq 69 69 O O N V) O O N O O N L M O O N N O O N -5 IM 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N O O (O M M M 0 0 0 N O M ON 0 0 0 N N U E O O o w- Lo to N O M d' N C? (QO M le 0) P- M N LO t.[) o N M (O 00 '.. U tO N O N t` V' LO N N h O (E CO v O N LO CO M CO .. N N O M V N (gyp M O 0) N LO It It N N (0 ';. co N co co m U N O O O cl cc tO ON O O LO (0 r- cT N N ems- M U N M < V) .. 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