TC Council Packet 06-08-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MAY 25,2010
A regular meeting of the Town of Avon,Colorado was held at the Avon Municipal Building,One
Lake Street,Avon,Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 5:40 PM.A roll call was taken and Council
members present were Rich Carroll,Dave Dantas Kristi Ferraro,Amy Phillips,Buz Reynolds
and Brian Sipes.Also present were Town Attorney Eric Heil,Town Manager Larry Brooks,
Asst.Town Manager Mgmt Services Patty McKenny,Assistant Town Manager Community
Development Sally Vecchio,Recreation Director Meryl Jacobs,Community Relations Officer
Jaime Walker as well as members of the public.
DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
There were no changes to the agenda and no conflict of interest topics on the agenda.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda.Councilor Carroll moved to approve
the consent agenda;Councilor Reynolds seconded the motion and it passed unanimously:
a.Minutes from May 11,2010
b.Richmond,Sprouse and Murphy,LLC Fee Agreement (Eric Heil,Town Attorney)Proposal
for legal services related to liquor licensing
c.Change Order #001 Change Order to Construction Contract with Thrasher LLC to
Account for Additional Costs for Material Changes Harry A.Nottingham Park Fishing
Pier (Shane Pegram,Engineer II)Change Order to reconcile increased project cost for change in
materials to Harry A.Nottingham Park Fishing Pier
d.Acceptance of 2009 Audited Comprehensive Annual Financial Report for Town of Avon
(Scott Wright,Assistant Town Manager Finance)Accept final 2009 Financial Statements audited
by McMahan and Associates
Bob Ticer,Police Chief Avon Police Department,presented the Law Enforcement Challenge
Award from the Colorado Association of Chiefs of Police,a state award for Avon’s police efforts
in training,public information,and enforcement to reduce crashes and injuries.
ORDINANCES
Sally Vecchio,Assistant Town Manager Community Development presented Ordinance No.10-
08,Series of 2010,First Reading,Ordinance Consenting to Improvements of the Eagle County
Energy Smart Local Improvement District Within the Town of Avon.It was noted that the
program allows qualified property-owners special financing for energy efficient and/or renewable
energy improvements with loan repayments collected through special assessments on the
participant’s property taxes.The legislation requires municipalities pass an ordinance in order
to participate.There was some debate about whether or not to include “Section 3.Future
Consent”in the ordinance;it was agreed that it may not be necessary for the town council to
approve the loans.Mayor Wolfe opened the public hearing,no comments were made,the
hearing was closed.Mayor Pro Tern Sipes moved to approve Ordinance No.10-08,Series of
2010,First Reading,Ordinance Consenting to Improvements of the Eagle County Energy Smart
Local Improvement District Within the Town of Avon with the condition that “Section 3.Future
Consent”would be removed.Councilor Ferraro seconded the motion and it passed with a five
to one vote (Reynolds —nay).
Eric Heil,Town Attorney presented Ordinance No.10-09,Series of 2010,First Reading,
Ordinance Amending Section 9.12.080(A)of the Avon Municipal Code.He explained the
proposed legislation which addressed alcohol in Town parks and the need for the town to
become compliant with the Colorado Liquor Code,which does not allow the consumption of
alcohol in public parks or other public places unless a liquor license has been issued or the
exemptions for special event permits apply.Mayor Wolfe opened the public hearing,no
comments were made,the hearing was closed.Councilor Phillips moved to approve Ordinance
No.10-09,Series of 2010,First Reading,Ordinance Amending Section 9.12.080(A)of the Avon
Municipal Code;Councilor Ferraro seconded the motion and it passed unanimously.
Councilor Phillips moved to convene into an Executive Session at 6:20 PM to discuss the
following matters as outlined on the agenda;Councilor Carroll seconded the motion and it
passed unanimously.
a.Receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b)and for
developing a strategy for negotiations and instructing negotiators pursuant to Colorado
Revised Statute §24-6-402(4)(d)specifically related to pending litigation and settlement
discussions regarding Minturn water rights cases,05CW262,05CW263,06CW264 and
07CW225
b.Receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b)and for
developing a strategy for negotiations and instructing negotiators pursuant to Colorado
Revised Statute §24-6-402(4)(d)specifically related to pending litigation and settlement
discussions regarding Town of Avon v Traer Creek Metropolitan District,2008 CV 0385
The audio recording of this section was not made due to the pending litigation.
c.Receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b)specifically
related to pending litigation regarding Traer Creek,LLC,et.al.v Town of Avon 2010 CV 316
The audio recording of this section was not made due to the pending litigation.
Councilor Ferraro moved to convene to the Regular Meeting at 7:05;Mayor Pro Tern Sipes
seconded the motion and it passed unanimously.Councilor Carroll move to approve the Water
Settlement Cases Nos.05CW262 &05CW263;Mayor Pro Tern Sipes seconded the motion and
it passed unanimously.
OTHER MATTERS
Jenny Strehler,Director PW&T,invited the town council to attend the visit to Swift Gulch
scheduled on June 3rd with Senator Jared Polis who would be visiting the site to learn more
about the regional transit hub proposal.
Larry Brooks,Town Manager,commented on some correspondence received from the UERWA
to Colorado Water Quality Commission about the town’s property which is lease to them for the
water plant.This matter would be discussed at the next meeting.
Regular Council Meeting Page 2 of 3
1 O.05.25.doc
There being no further business to come before the Council,the regular meeting adjourned at
7:15 PM.
RESPECTFULLY SUBMITTED:
Patty B.McKenny,Town Clerk
APPROVED:
Rich Carroll
____________________________________
Dave Dantas
__________________________________
Kristi Ferraro
_____________________________________
Amy Phillips
____________________________________
Albert “Buz”Reynolds__________________________________
Brian Sipes
_________________________________
Ron Wolfe
_________________________________
Regular Council Meeting Page 3 of 3
1 O.05.25.doc
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TOWN OF AVON, COLORADO AVON
AVON WORK SESSION MEETING FOR TUESDAY, JUNE 8, 2010
MEETING BEGINS AT 2 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW."ON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
2:00 PM — 2:45 PM 1. EXECUTIVE SESSION
a. Receiving legal advice pursuant to Colorado Revised Statute §24-6 -
402(4)(b) and for developing a strategy for negotiations and instructing
negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d)
specifically related to pending litigation and settlement discussions
regarding Minturn water rights cases, Nos. 06CW264 and 07CW225
b. Receiving legal advice pursuant to Colorado Revised Statute 24- 6- 402(d)
and for developing a strategy for negotiations and instructing negotiators
pursuant to Colorado Revised Statute 24- 6- 402(4)(d) specifically related
to pending litigation regarding the Upper Eagle Regional Water Authority,
et al. v. State, Case Nos. 09SA168 -89, Colorado Supreme Court Opinion
issued May 24, 2010
c. Receiving legal advice pursuant to Colorado Revised Statute §24-6 -
402(4)(b) specifically related to Local Liquor Licensing Authority Sanction
Policies
2:45 PM — 2:45 PM 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
2:45 PM — 3:00 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES
a. Community Heat Recovery Project Update (Justin Hildreth, Town Engineer)
Review project progress and timeline
b. Final 2011 Budget Calendar (Scott Wright, Assistant Town Manager Finance)
Memo Only / Final budget calendar that includes budget retreat date of October
12, 2010
c. Community Development Activity Update (Sally Vecchio, Assistant Town
Manager Community Development) Memo only / Summary of Community
Development Activity
d. Watershed News (Jennifer Strehler, Director PW &T) Memo only / Review of
comment period to provide input to Colorado Department of Public Health &
Education regarding importance of Eagle River water quality and regional
environmental stewardship
3:00 PM — 3:30 PM 4. DISCUSSION WITH UPPER EAGLE REGIONAL WATER AUTHORITY REGARDING THE
AVON WATER TREATMENT PLANT AND THE ACQUISITION OF ADDITIONAL TOWN
PROPERTY (Larry Brooks, Town Manager) Meet with UERWA members to discuss
options for use of town land for water treatment plant
Avon Council Meeting. 10.06.08
Page 1 of 5
T.W. n.
TOWN TOWN OF AVON,, COLORADO Y O ry
AVON WORK SESSION MEETING FOR TUESDAY, .TUNE 8, 2010
MEETING BEGINS AT 2 PM
AVON TOWN HALL, ONE LAKE STREET
3:30 PM - 4:30 PM 5. REVIEW BOOTING LEGISLATION, AVON MUNICIPAL CODE CHAPTER 5.12, AND
RECEIVE PUBLIC INPUT (Greg Daly, Lieutenant, Bob Ticer, Police Chief) Overview
and examination of booting legislation, activities, and complaints; receive public input
4:30 PM —5:00 PM 6. COMMUNITY ORGANIZATIONS FUNDING; BUDGET 2011 (Scott Wright, Assistant
Town Manager Finance) Review historical funding for community organizations and
receive input for 2011 budget cycle
5:00 PM 7. ADJOURNMENT
Avon Council Meeting. 10.06.08
Page 2 of 5
Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Approved by: Sally Vecchio, Assistant Town Manager
From: Justin Hildreth, P.E., Town EngineerP.� xr
Jeffrey Schneider, P.E., Project Engineer
Date: June 2, 2010
Re: Community Heat Recovery Project Update (Memo Only)
Summary: This memorandum is to provide Town Council with an update on the progress of the
Community Heat Recovery Project. The project will utilize the heat energy in treated wastewater
effluent from the Avon Waste Water Treatment Facility (WWTF) to heat the Recreation Center
swimming pools and eventually provide snowmelt energy for Main Street. The project consists of
installing pumps, heat exchangers, process piping, and other new equipment in a building at the
Avon WWTF and trenching heat supply and return lines to another new building to be located
immediately east of the Recreation Center. The project is partially funded by a grant from the
Governor's Energy Office through the Colorado Department of Local Affairs (DOLA) and is being
conducted in partnership with the Eagle River Water and Sanitation District ( ERWSD).
Previous Council Action: Town Council approved the grant agreement with DOLA at the April 28,
2009 regular meeting. The intergovernmental agreement between ERWSD and Town of Avon
(TOA) was approved at the May 26, 2009 regular Council meeting. The Design Services Contract
was awarded to Camp, Dresser, and McKee, Inc. (CDM) at the June 23, 2009 regular Council
meeting. Previous project updates were given to Council at the November 10, 2009 and February 9,
2010 meetings. The construction contract was awarded to GE Johnson Construction Company
(GEJCC) on April 13, 2010.
Discussion: The contractor has mobilized the site and some initial site work has begun such as
tree transplantation, demolition, staging, and some utility work. The bulk of progress thus far has
been in the form of the lengthy and detailed submittal process. This project contains a more
voluminous and rigorous submittal process than any other project attempted by the Town in recent
history, and numerous meetings with Town Staff, CDM, and the contractor have been conducted,
several key submittals have been received, and some have been approved. Much of the site work
cannot be commenced until the submittals have been approved and the materials arrive on site.
The main piping for the system (8" coated, welded, insulated pipe) has a 7 -9 week lead time after
approved submittals, for example.
The only major issue that has arisen during mobilization is the Utility Crossing Agreement with Union
Pacific Railroad (UPRR). The Agreement was issued by UPPR's Omaha office and allowed the
Town to perform an "open -cut' installation across the tracks. The "open -cut" method of installation
was rejected by UPRR personnel in Grand Junction and Denver, mostly due to an apparent lack of
coordination between the Omaha and Colorado offices. Substantial backlash was received from the
Denver office and a re- application process was suggested, which would take approximately 46
months and would jeopardize the construction schedule. After much negotiation, UPRR personnel
were amenable to amending the original agreement to permit boring beneath the tracks. Pricing for
the change is currently being developed. It is likely that the cost of the boring option will equal the
cost of the open cut installation when the ballast, tie, and rail work that would have been performed
by UPRR is included.
Looking ahead in the next few weeks, the submittal process will continue, with key equipment and
instrumentation /controls submittals anticipated soon. Utility relocation, demolition, survey layout, and
foundation excavation and preparation will occur at the two building sites. The project is anticipated
to meet its substantial completion date of December 13, 2010.
Financial Implications: The construction budget for the Avon Community Heat Recovery Project is
shown in Table 1 below. The budget is largely unchanged from the original budget, with the
exception that the line item for the Railroad Crossing, $70,000, was added back into the
contingencies. Upon receipt of change order pricing for the directional bore alternative, a revised
project budget will be presented to Council. Despite the changes, and with the help of some value
engineering items also being finalized, the project is anticipated to remain within the overall budget.
Table 1: Heat Recovery Construction Budget
Line Item Amount
Construction Contract $ 3,576,850
Testing /Administration $10,000
Contingencies $ 207,356
Totals $ 3,794,206
Town Manager Comments:
• Page 2
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Legal: Eric Heil, Town Attorney
From: Scott Wright, Asst. Town Manager - Finance
Date: June 3, 2010
Re: 2011 Budget Discussion Item - Community Funding Requests
Summary:
Initials
In the past staff has sent out notices to local community groups and non - profit organizations
about the Town's upcoming budget process and has invited groups to submit funding requests
for Town Council review. Because of the current budget situation, the Town Manager has
indicated to me that his 2011 proposed budget will probably not include funding for any types
of community organizations.
Due to the lack of foreseeable funds available next year, it is staff's recommendation that we
not send out notices or requests for funding this year. We would like to discuss this issue with
Council and confirm our policy and direction for the 2011 budget process.
Town Manager Comments:
Attachments:
2009 Community Requests Funding Summary
Page 1
Town of Avon
Community Requests Funding Summary
2009 2010
Funds Funds
Group Program Description Awarded Budgeted
General Fund
Community Relations
Community Outreach Programs for Music Matters including programs such as Live @
4,000 -
Marketing
the Library, Rural Residency, Very Young Composers, Young Artist Performance,
Vail Valley Foundation
2010 Birds of Prey World Cup Week (133 64903)
56,000 40,000
Airplanners, Inc.
Regional Air Service Program Pledge ($10,000) & Operations Support
12,000 12,000
($2,000) (133 64903)
Recreation Special Events
language acquisition. (requested $10,000) (133 64903)
Marketing
Event is the "2010 Winter Season new program entitled Energy +
2,500 -
World Triathlon Corporation
2009 Ironkids National Championship Event: A National Championship kids
9,500 9,500
triathlon event that takes place over a 2 day period & will include an on -site
expo (September 2010) Budgeted in Recreation Special Events Budget 513
115,200 67,500
Housing Fund
with $9500 in Other Professional & $7,920 in PTS Wages
Vail Eagle Hockey Association
2010 Rocky Mountain Pond Hockey Championships, an annual event that
21,200 -
brings players & families from across Rocky Mountain region & beyond to
celebrate the sport of ice hockey; event that raises funds for local hockey
Economic Council of Eagle County
programs. Budgeted in Special Events Budget 513 with staffing @ $10,000
5,000 -
Discretionary Funding Requests
Bravo! Vail Valley Music Festival
Community Outreach Programs for Music Matters including programs such as Live @
4,000 -
the Library, Rural Residency, Very Young Composers, Young Artist Performance,
Instrument Petting Zoo (requested $12,500) (133 64903)
Gore Range Natural Science School
Avon in School Program, in its fourth year, provides every student at Avon
10,000 6,000
Elementary hands -on natural science learning while facilitating English
language acquisition. (requested $10,000) (133 64903)
Vail Symposium
Event is the "2010 Winter Season new program entitled Energy +
2,500 -
Environment / Request is for $2500 cash or $2000 in trade for bus service
(requested $2,500)
General Fund Total
115,200 67,500
Housing Fund
Eagle County Housing Department
Eagle County Loan Fund Down Payment Assistance Program whose purpose
1,700 1,700
is to increase homeownership opportunities for low and moderate income
families who live & work in Eagle County
Economic Council of Eagle County
the Program is "The Valley Home Store ", a public - private partnership
5,000 -
managed by the Economic Council, with a mission to provide an easy one -
stop shopping environment for homebuyers & renters to quickly understand
different housing options & financing. (requested $16,500)
Water Fund
Eagle River Watershed Council, Inc.
Mission is to advocate for the health & conservation of the Upper Colorado
10,000 6,000
Eagle River Water basins through education, research and projects.
General Operating Support $25,000
Waterwise Wednesday Education Program, Community Pride Highway Clean
up, Eagle River Clean Up $2,000
TOTAL FUNDING REQUESTS / COMBINED FUNDS
131,900 75,200
6/3/2010
Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
From: Sally Vecchio, Dir. Ass't Town Manager /Comm. Dev.
Date: June 3, 2010
Re: Department Project Updates
Planning /Zoning
1. Gore Range Science School - Final Design Review was approved by PZC on March 2, 2010.
Building plans have been submitted and a revised Subdivision Improvement Agreement has
been drafted and presented to Council for consideration. Building permits cannot be issued
until the SIA is approved by Council.
2. Lighting Ordinance Enforcement Staff will complete the field surveys of the entire Town and
begin notifying property- owners by mid -July.
3. Land Use Code Update — TC and PZC completed a series of 8 workshops on the proposed Land
Code in March and April. The public hearing draft of the Code was completed on May 30th. The
webpage has been updated with background information on the project and a copy of the Code
available for downloading. The PZC Public Hearing has been scheduled for June 15, 2010.
4. Avon Town Center PUD Lot B — Staff has been contacted by a California real estate investment
firm concerning the entitlements and encumbrances attached to this Lot. Lot B was approved
for 104 accommodation units and 6 employee housing units. The entitlements on Lot B were
vested for 10 years or no later than December 8, 2008.
5. Gates Condominium - Staff was notified by the developer of the Gates Condominium project
(JMJ Holdings), that the property has recently been acquired by a real estate investment group
from Denver. The property includes 52 luxury condominium units and related amenities on 2.4
acres of land. The property was issued a Certificate of Occupancy on July 24, 2008, and
subsequently went into foreclosure. The property has never been occupied but for a caretaker
residence.
Historic Preservation
1. Survey Project. Tatanka and Associates will complete the seven remaining historic property /site
surveys this year. The total project budget for surveys was $20,070. Six surveys have been
completed and the remaining budget to complete work is approximately $9,939.
Building Department
1. Permits Issued between Jan 1— May 30, 2010 —See attached tables.
Engineering Department
1. Fishing is Fun Pier. Construction is scheduled for completion by mid -June. Grand opening
scheduled for Father's Day.
2. Recreation Center Roof Replacement. Construction scheduled for late June.
3. H.A. Nottingham Park Sign Replacement Program. Sign replacement is being identified for
replacement this summer. New "Rules" signs are being proofed and monument signs are under
construction.
4. Town Hall Parking Lot. The parking lot has been overlaid, drainage problems fixed and handicap
ramps replaced. Project completion scheduled for week of June 7m
5. Community Heat Recovery Project. Project is underway. See separate project update
memorandum for specific details.
6. Driveway Abatement, Lot 41 B1k4 Wildridge. The town has initiated an abatement of a safety
and maintenance nuisance on this lot. Broken concrete and Jersey Barriers will be removed and
replaced with an asphalt driveway. Work to be completed the week of June 7th. The town will
lien the property for all costs associated with the work.
7. Town Hall HVAC Improvements. Staff has prepared an RFQ for evaluation and design services.
Repairs will be made in fourth quarter of 2010.
GIS Department
1. Town of Avon Trashcans have been GPS'd —currently working with parks to create trash
removal routes.
2. Salute Map for 4 ' of July —final maps are being completed.
3. Engineering Road Overlay /Improvement Maps For Spring Projects —maps provided to
contractors for work to be completed.
4. Updated Bus Route Map completed and scheduled printing.
5. Address Updates and Verifications for residential and commercial projects (on- going).
6. Zoning and Address Maps for Police and Website — wall size and 11 "x17" TOA map books
printed and posted.
7. Vicinity Maps for Engineering — Fire House, Prater Lane, and Buck Creek.
8. ECO Trails Map for Public Works grant application.
Database updates
1. Updated Building Footprints (residential and commercial) to include all new construction since
2004. Adding information to the database such as residential vs. commercial, situs address, and
number of dwelling units.
2. Updated the Zoning and Land use Databases to include the Eagle River at Avon Annexation and
the Buck Creek PUD.
Ongoing projects
Asset Management Database - GPS project with Public Works to collect data on Avon's Assets.
Street signs are currently being GPS'd and almost complete. QA /QC of the data will be completed in
the fall.
Building Permit and Development Application Revenues
January 1— May 31, 2010
Table 1.1
Fees /Revenue
Revenues Received
Waived Revenues
Revenues Received
Revenues Waived
$1,430.00
Jan -Aug 2009
Aug -Dec 2009
Jan — April 2010
Jan.— Apri12010
Contractor License Fees
$5,205.00
0
0
0
Building Permit Fees
$43,097.62
$25,849.37
$101,978.50
$21,597.83
Subdivision Review Fees
$4,627.50
$877.50
$2,160.00
0
Design Review Fees
$12,925.00
$7,886.17
0
$8,860.00
TOTALS
$78,464.91
$34,613.04
$104,213.00
$30,457.83
Building Permit Revenue By Type
Jan — Dec 2009
Table 1.2a
Building Addition /Remodel
$25,803.00
New Building
$14,418.00
Mechanical
$1,430.00
Plumbing
$600.00
Building Permit Val
2008-2010
Table 1.3
Building Permit Revenue By Type
January 1 —May 31, 2010
Table 1.2b
BuildingAddkion /Remodel
$26,668.98
New Building
$78,816.5
Mechanical
$1.337.03
Plumbing
$75.00
Tenant Finish
$16,678.82
Permit Valuations
2008
2009
Jan. — May
2010
New Commercial Construction Valuation
$2,525,749.00
$0
$0
New Residential Construction Valuation
$11,165,780.00
$3,521,000.00
$5,606,550.00
New Residential Permits Issued
1 15
1 4
1 5
TOTAL PERMITS ISSUED
143
60
47
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved By: Patty McKenny, Assistant Town Manager /Administrative
From: Jennifer Strehler, Director of Public Works
Date: June 8, 2010
Re: Watershed News
Summary: The Town of Avon has an opportunity this summer to provide input to the State of Colorado
to encourage environmental stewardship and timely action to protect and improve water quality and fish
habitat in the Eagle River and Gore Creek as part of the state's upcoming formal processes.
Wastewater treatment plants which impact Avon are up for a renewal of their discharge permit. As part
of this permit renewal process, the Colorado Department of Public Health and Environment (CDPHE)
provides an opportunity to receive input from key stakeholders. The State of Colorado Water Quality
Control Commission (WQCC) is also in the process of considering extension of existing modifications
granted to established water quality standards for surface water temperature and nutrients. These were
granted for the Eagle River and the Gore Creek at the request of the Eagle River Water and Sanitation
District (ERWSD). These matters are related because treatment plants act as point source loads of
pollutants to a watershed. This memo is intended to inform Avon Town Council of two commenting
opportunities which are scheduled during this early summer period.
Previous Council Action: The Avon Town Council has encouraged active environmental stewardship
of the Eagle River drainage basin, both with the town's own practices as well as in dealings with other
agencies when such opportunities present themselves. Letters from Mayor Wolfe to the Colorado
Department of Public Health and Environment (CDPHE) dated 1/16/2009 requested "Party Status" for
review of surface water quality standards and for review of wastewater treatment facility point - source
discharge permits in Vail, Avon, and Edwards. The state has granted Party Status to Avon for this
purpose.
Background: All dischargers to the Eagle River and Gore Creek are required by federal, state, and
local law to responsibly treat their wastewater prior to discharge using best management and treatment
practices. Wastewater treatment plants represent large point source loads of metals, nutrients, and
other contaminates to the Eagle River and Gore Creek. Storm water is also discharged by the local
towns, metropolitan districts, golf courses, and private landholders. Street run -off is a risk for metals
contamination while turf run -off is a risk for nutrient (phosphorous and nitrogen) loading. Both metals
and nutrients can significantly damage stream biota, including sensitive trout populations like cutthroat,
rainbow, and brook.
The following three wastewater treatment plants are operated by the ERWSD and have some
relationship with the Town of Avon. They operate as a consortium, providing treatment and discharge to
the region bounded by Vail, Mintum, Beaver Creek, Avon, and Edwards. The permit renewal period for
the Avon WWTF and the Edwards WWTF is this summer. The Vail WWTF is not up for renewal for two
more years but maybe considered by CDPHE sooner if additional capacity is needed there and /or if
regional considerations indicate a preference for review along with that planned for the other two plants.
Vail WWTF (NPDES #000021369) — Permit expires 2/29/2012. Not all of the wastewater
generated in Vail is treated at the Vail WWTF. A portion of West Vail is treated in Avon. There is no
solids treatment process at the Vail WWTF at all. Solids are sluiced back into the sewer and routed
to the Avon WWTF and Edwards WWTF for treatment; as a result, these treatment facilities are
larger and produce more odorous gases requiring treatment as compared to the Vail WWTF.
Additional urban development in Vail is anticipated (e.g., Evervail and Timber Ridge projects) which
will increase wastewater liquids and solids and which will require treatment at one or more of
ERWSD's plants.
Avon WWTF (NPDES # CO0024431) - Permit expires 10/31/2010. Plant is located in Avon Town
Limits and discharges to Eagle River within Avon Town Limits. Facility directly impacts the Town
and its residents via river discharge, facility size, views, aesthetics and odors. The Town is local
building permit authority.
Edwards WWTF (NPDES # C0003731 1. and COG650042). Permit expires: 11/30/2010. A portion
of the sewage from Avon service area within the town limits (e.g., Wildridge neighborhood) is treated
at the Edwards plant. Odors from this plant impact western portions of Avon when winds are
westerly. This plant is currently being expanded to add solids treatment capacity. A "pump- back"
exists to discharge water upstream of the Edwards WWTF.
Regarding surface water quality, the Town has already provided input to the WQCC recommending that
the modifications are allowed to expire as scheduled, with no further extension. Avon has encouraged
the state to pursue parallel efforts to conduct basin -wide studies that will better define the assimilative
capacity of the river to receive nutrient loads and maintain optimal environment, including dissolved
oxygen and water temperature, for fish. The Town's recommendations to the state were echoed by
EPA. The state will make a determination about the timing of their water quality rule making efforts
during a hearing on July 12, 2010 in Denver.
Discussion: The Town is encouraging more regional coordination between surface water quality
evaluations, point source discharge permits, and other non -point source dischargers in order to improve
the overall water quality for species of significance. There are a couple of upcoming opportunities for the
Town of Avon to provide input to CDPHE on these matters.
NPDES permit renewal for regional wastewater treatment plants —These point source discharge
permits are up for renewal every 5 years. During the renewal period, the regulator usually evaluates
past performance and existing capacity of each treatment process in relation to planned future flows.
Many regulators require updates to 20 -year comprehensive sewer plans and treatment plant facility
plans during this renewal period too.
During mid -June through July, CDPHE will be holding an open comment period prior to making a
determination about NPDES permit renewals. Avon may want to request that CDPHE:
• Hold public meeting in this local area to hear local perspectives
• Page 2 of 3
• Coordinate discharge permits with water quality studies at a watershed level (i.e., not just
one permit at a time)
• Rate plants for solids handling capacity and associated odor control (i.e., not just liquid
phase treatment) to insure that sufficient capacity and odor technology is provided
• Require updated comprehensive sewer plans and plant facility plans to ensure that isolated
decisions about development are not made without consideration of regional environmental
and socio- economic impacts.
• Actively encourage discharges to implement more sustainable practices (e.g., select
processes which use less energy, fertilizer with less phosphorous runoff, etc.).
An exact date for open comment has not yet been posted by CDPHE. Town staff will let Town
Council know when this time period officially opens. This announcement is expected about mid -
June.
Surface Water Quality Standards —The hearing date for the Colorado Water Quality Commission to
consider extension of the modification, at the request of the ERWSD, to temperature standards on
the Upper Eagle River and Gore Creek is set for July 12. If granted, this would extend the
compliance date for river temperature by 1 -year (from 12/31/2013 to 12/31/2014). It is our
understanding that this delay would also prolong CDPHE's evaluation of nutrient loading and the
setting of nutrient concentration standards for Eagle River and Gore Creek. Such an extension has
implications to the 5 -year NPDES permit renewal cycle, a likely timeline for progress on river water
quality, and fish habitat. TOA staff has communicated that we prefer expiration of the modification as
scheduled. TOA staff is planning to attend this Hearing to directly submit this input.
Financial Implications: None.
Recommendation: Staff intends to offer comments as listed above to CDPHE and the W QCC
during these upcoming communication opportunities. Additional discussion and input from Town
Council welcome.
Town Manager Comments:
• Page 3 of 3
COLLINS COCKREL & COLE
PAUL R. COCKREL
JAMES P. COLLINS
ROBERT G. COLE
TIMOTHY J. FLYNN
EVAN D. ELA
LINDA G. ALEXANDER
DAVID A. GREHER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
JAMES M. MOCK
390 UNION BOULEVARD. SUITE 400
KATHRYN L. GARNER
DENVER, COLORADO 80228 -1556
ALLISON C. ULMER
TELEPHONE: 303 -986 -1551
ERIC C. JORGENSON
TOLL FREE: 800 - 3545941
OF COUNSEL
FACSIMILE: 303 -986 -1755
DIRECT E -MAIL
www.cccfirm.com
jcollins ®cccfirm.com
May 28, 2010
VIA EMAIL
Eric Heil, Esq., A.I.C.P.
HEIL LAW & Planning, LLC
1499 Blake Street, Unit 1 -G
Denver, CO 80202
Re: UERWA Avon Water Treatment Plant Property
Dear Eric:
Thank you for your letter of May 13. The Board has authorized me to have our
appraiser consider all of your comments on the Instructions, and to request that the
appraiser take an entirely fresh look at value — both fee title and annual value of a 75 year
leasehold interest. We are requesting that the appraiser not be encumbered by any
previous figures he may have arrived at, but consider this a fresh start on the appraisal.
We sincerely regret that this issue became acrimonious. It continues to be the
Water Authority's desire to work positively with the Town of Avon. To that end, we
request the accommodation of an extension of time to operate the Plant Property as we
have beyond your June 15 deadline. As you well know, we are not easily able to remove
a portion of our building and most of the other encroachments; and, as you know, there
are security concerns.
As regards the misunderstanding over whether an offer of $1.0 million was made,
we encourage a meeting of our Board Chairman and Vice Chairman (Tom Leonhardt and
Bill Simmons) with two Members of your Council at the earliest opportunity. Tom
(00193432.DOC /)
COLLINS COCKREL & COLE
Eric Heil, Esq., A.I.C.P.
HEIL LAW & Planning, LLC
May 28, 2010
Page 2
Leonhardt will be gone between June 10 and June 30, so a time either before or after that
would be best. I suspect it would be better if you and I were not in attendance, or even
Larry and Dennis; but that, of course, is up to your Council.
Best wishes.
JPC /zah
cc: The Authority
100193432.DOC /1
James P. Collins
General Counsel to
Upper Eagle Regional Water Authority
Memo
To:
Honorable Mayor and Town Council
Initials
Thru:
Larry Brooks, Town Manager
Legal Review:
Eric Heil, Town Attorney
Approved by:
Robert L. Ticer, Chief of Police
RJ 1
From:
Robert L. Ticer, Chief of Police
Ali
Date:
June 2, 2010
Re:
Review of Booting Ordinance 5.12
Summary:
The Avon Town Booting Ordinance has been in place for one full year. The intent of this
document and discussion is to provide an overview and evaluation of the Booting Ordinance
through the first year. Additionally, options for council to consider will be provided and
discussion relating to newly implemented procedures will be examined.
Previous Council Action:
Booting Ordinance 5.12 was passed by Avon Town Council in June 2009.
Background:
In the summer of 2008, and subsequently in November of that year, the Avon Police
Department received numerous complaints regarding the immobilization of vehicles by
private booting companies. The major complaint was that there was no method to dispute the
seizure of their vehicles. The Chief of Police at that time, Brian Kozak sought opinions from
the District Attorneys Office and also from the Colorado Attorney Generals Office.
The District Attorney for the Fifth Judicial District provided an informal opinion that the
private booting of a vehicle was a violation of criminal tampering or vehicle theft and asked
that the Chief of Police inform those involved of the possibility of prosecution before any
cases are submitted to his office.
Deputy Attorney General Thomas Raynes authored an unofficial opinion on February 19,
2009 that private booting was a violation of criminal tampering since vehicle owners must be
afforded due process as in a towing situation. In addition, he said that it is appropriate that
booting companies be held to similar standards as towing companies.
Discussions took place with all the stakeholders at that time and it was proposed that an
ordinance be passed affording all involved with regulation and due process. That ordinance
was subsequently passed into municipal law.
In 2009, Avon Town Council passed the current booting ordinance, which allows private
companies to boot vehicles that are illegally parked on private properties. These private
parties must enter into an agreement with the private booting companies to allow booting.
Prior to conducting operations, the private properties are required to get approval from the
Town of Avon Community Development and post these signs in a conspicuous manner at the
sites. The Avon Chief of Police is responsible for ensuring that private companies adhere to
the ordinance when conducting booting operations. The Police Chief is also responsible for
completing the background checks on applicants and forwarding a recommendation to the
Town Clerk's office as to whether or not to issues the towing / booting license to the business.
Discussion:
As of May 25t', 2010, the following activities have occurred:
• Six (6) hearing requests in municipal court for booting appeals. See Addenda Item
A.
• Fifteen (15) calls for service to the Police Department reference booting incidents.
See attached supporting documentation in Addenda Item B.
• Two (2) email complaints to the Police Department regarding booting incidents.
See attached supporting documentation in Addenda Item B.
• Verbal Complaint to Chief of Police by citizen on May 25`}' reference AAA Boot
Service. Citizen referred to Home Owner's Association.
• 429 boots placed on vehicles during the first year of ordinance. AAA Boot
Service -357 boots; Polar Star -41 boots; Buffalo Ridge U -21 boots; Affordable
Towing -10 boots.
• Fine for boot removal is $128.00.
Payment of removal does not include Credit Card or Debit. Cash is the method of payment by
booting companies operating in Avon.
Many of the complaints and energy lost regarding booting has been related to signage. Avon
Ordinance 5.12.100 (4) governs signs as they relate to booting. This section indicates that the
private parking lots must post a conspicuous sign on the property which provides notice, with
reflective background, that unauthorized vehicles will be booted or towed, and shall comply
with the adopted rules and regulations for signage. The Avon Police Department and Avon
Community Development have recently implemented policy that ensures a representative
from each department team together and meet with property owners to determine proper and
conspicuous locations for signage. This ensures that drivers receive clear notice of the booting
warning when parking their vehicles. This may be beneficial to the Municipal Judge as well.
In addition to the aforementioned new procedures, the Avon Police Department conducted an
audit of the local booting companies and locations where booting occurs. During the audit,
• Page 2
stakeholders were notified of violations of ordinances related to signage and provided
guidance on how to remedy the situation.
Financial Implications:
With the implementation of the booting ordinance, significant staff time has been drawn upon
to manage the program and ensure compliance. Town personnel from Police, Clerk's Office,
Community Development, Town Attorney, and the Town Manager have contributed to
managing this ordinance. It is anticipated that staff time may be reduced in year two if the
ordinance continues to exist.
Community Development Staff. Approximately 2 hours of staff time per application.
Police Department Staff. Approximately 5 -10 hours per week to assist in drafting of
ordinance, conduct audits, respond to calls for service, respond to complaints, manage records,
inspect locations, and ensure compliance.
Town Clerk's Staff. Approximately 3 hours of staff time per application for processing.
Options for Council to consider:
There are potentially four options for council to weigh. 1. Repeal the ordinance. 2. Continue
ordinance with no changes. 3. Continue ordinance with amendments. 4. Have the Police
Department conduct booting operations.
If option #1 is employed, private property owners could elicit service of towing companies to
tow violators as has been a practice in the past. Secondly, they could gate their parking lots
and only allow access to parties who have rights to the properties. However, reverting to
private booting without town oversight would violate state law as opinioned by the District
Attorney and State Attorney General's Office.
If option #2 is employed, booting companies will continue to boot for private property owners
who employ their services. The Police Department has dedicated significant personnel hours
to ensuring that property owners have properly signed their lots. The new procedure of team
inspections with both the Police and Community Development Representative present will
certainly eliminate miscommunications and ensure fairness for all parties. The Police
Department will ensure that booting companies are in compliance with the ordinance. The
ordinance has been successful in ensuring that property owners have been able to reduce the
number of prohibited vehicles from their lots as indicated by the 429 vehicles that have been
booted during the year.
If option #3 is employed, booting operations will continue in accordance with the Town
Ordinance. Amendments to the ordinance to consider are reducing booting removal fees from
• Page 3
the current $128.00 to a lesser number and requiring the booting operators to accept credit
cards /debit cards and/or check.
Option #4 has been evaluated by the Police Department and is an option, but not a viable
option. This option is not recommended because it would not be cost effective for the police
department to offer such a program with existing resources.
Alternatives:
Proposed Motion:
Town Manager Comments:
• Page 4
Date of Boot
Fine
Boot Hearings
Defendant
Location
Reason for hearing
Disposition
9/6/2009
9/16/2009
Dijana
Liftview
No parking tag -
The consent was not
$64
Kozar
visitor
filed with police
department - the party
did not have authority
under the ordinance to
boot - $64 returned by
AAA Booting
12/27/2010
2/17/2010
Brandon
No reason for hearing
Court does not have
Beard
- due to filing date.
jurisdiction to hold
hearing for probable
cause for booting so
booting is upheld. Date
filed was not within the
10 days. Filed 1/7/10
2/15/2010
3/3/2010
Preslava
Beaver
No parking tag -
Owner of vehicle must
$128
Ilieva -
Bench
visitor
request hearing - time
Tihomir
for hearing has lapsed
Halachev
3/11/2010
4/7/2010
Jeremy
Sunridge
Discrepancy in fee
$64 returned to
$128
Goldsteing
collected from
defendant / check on
defendant $128 and
signage
amount submitted to
police department
collected $64
/ Postina of si ns
4/6/2010
5/5/2010
Geoffrey
Sunridge
Posting of signs
Court finds probable
$128
Ledon
cause /$58 returned to
defendant
4/6/2010
5/5/2010
Alexander
Sunridge
Posting of signs
Court finds probable
$128
Schmidt
cause /$58 returned to
defendant
Addenda Item A
Addenda Item B
Supporting Documentation
Avon Town Council
Booting Ordinance Review
June 8, 2010
This document outlines municipal court appeals, police calls for service, and two written
complaints to the Police Department, relating to the Avon Town Booting Ordinance.
• Between September 2009 and April 2010, six (6) booting ordinance appeals
have been filed in Avon Munipal Court. Please see attached Excel
Spreadsheet with specifics.
A search of the Computer Aided Dispatch (CAD) in May of 2010 indicated
that the center had record of fifteen (15) events relating to vehicles being
booted in Avon. The following are specific locations:
Liftview
2
Beaver Bench
1
Sunridge
3
Bob's
1
Eaglebend
1
City Market
1
West Lake Village 4
Buffalo Ridge
1
• Since the inception of the Booting Ordinance, the Avon Police Department
has received two email complaints from citizens. The two are listed below:
Complaint #1:
From: Michelle Parenti [ mailto :michelle @bottomlineppc.com]
Sent: Monday, April 26, 2010 2:09 PM
To: Greg Daly
Subject: Re: Sunridge Phase II - Car Boot 4/18
Hi Greg,
Thank you for the response. I spoke with Shawnn and he is going to bring this to the
board on my behalf. I will talk to him before tomorrow (deadline to appeal). Thank you
for your assistance with this.
Michelle Parenti
626.833.5015
On Wed, Apr 21, 2010 at 7:07 PM, Greg Daly < dg_aly(a avon.org> wrote:
Michelle, thank you.
Addenda Item B
Have you decided to lodge an appeal? The $100 court cost is at the discretion of the judge. I
believe he may not charge that. This is not a malicious appeal.
Greg Da(Y
Interim Chief of Pot-we.
0001 Lake Street / PO Box 975
Avon, CO 81620
Desk: 970 - 7484049
Cell: 970 -331 -6964
Fax: 970 - 845 -7098
adaly(i�avon.org
"They may take away our lives, but they'll never take our freedom! " - Braveheart
This email is covered by Electronic Communications Privacy Act, 18 U.S.C. Section 2510-
2521 and is legally privileged. This message and any attachments hereto may contain
confidential information intended only for the use of the individual or entity named
above. If you are not the intended recipient(s), or the employee or agent responsible for
delivery of this message to the intended recipient(s), you are hereby notified that any
dissemination, distribution or copying of this email message is strictly prohibited. If you
have received this message in error, please immediately notify the sender and delete this
email from your computer. The sender does not waive any privilege in the event this
message was inadvertently disseminated.
From: Michelle Parenti [ mailto :michelleca)bottomlineppc.com]
Sent: Monday, April 19, 2010 12:46 PM
To: Greg Daly
Cc: Vali Watts
Subject: Sunridge Phase II - Car Boot 4/18
Hi Greg,
I wanted to thank you for your time this morning. I appreciate you explaining my rights
and how the AAA boot company operates.
I have contacted Shawn Primmer this morning per your recommendation, I left a message
on his cell phone and copied my landlord, Valerie Watts.
Yesterday, April 18, I went down to my car at about 9:30am and my car had a boot on it.
I called the contact phone number on the sticker and spoke to Nick. I explained my pass
Addenda Item B
was in my center console and visible from the window as I had went out to dinner the
night before and forgot to put it back up. He said I still had to pay if it was not in my rear
view mirror and I told him I would call Shawn, the manager, thinking he would be better
able to help me, knowing I am a tenant of Sunridge, J -304.
He explained to me that Shawn didn't have the right to help me, as he no longer could
override me paying, as the boot was with the town and already entered with the police
department and Shawn couldn't do anything for me. He asked me if I wanted Shawn's
number, and I said not if you are telling me he can't help and that this is with the town
now. He said yes, the rules had changed and I would have to take an appeal up with the
town. Nick told me I could appeal with the town, but it would end up costing me fees in
the amount of another 100 dollars or so and a fee to file with the clerk as he would win.
He said he was right as he has everything documented that he needs and it was irrelevant
that my pass was in my car, if it was not hanging from the mirror or visible from the front
I was in the wrong.
When he arrived I told him, as you can see my pass is in my car and visible from anyone
standing outside my drivers side window and the person who put my boot on it, had to of
passed by several times. He told me it was a frosty night last night, yet showed me clear
pictures that were taken of my dashboard. So the person who looked inside my car, took a
picture of my dashboard on the frosty night he is claiming he couldn't see if I had a pass
or not, yet I was still booted. I asked if the valet driver had removed it, if that would
matter and he said I would have to subpoena the valet driver, even though he hadn't.
I know the pass is not where it was suppose to be, however, I was not parked there
illegally, it was a mistake and I proved I was a tenant and permit holder immediately and
it was my car. He told me 100s of cars forget the permit on their seat and they have to
pay. I was quite distraught and asked again if he could help me out, and he said no, and
that he would follow me to the ATM to get the cash. He went to remove the boot, but
then told me he didn't have the right pin and came back a few minutes later to remove the
boot. While he was gone I spoke to an officer to see if I should file a report and explained
I should talk to the clerk Monday morning. Nick then followed me to the Wells Fargo in
Edwards and I payed him after calling the officer another time to ask him my rights if I
didn't have the cash and he explained it was grand theft and that I would have to appeal to
settle this. I payed Nick $128 and left the ATM.
I hope this helps, thank you very much for your time.
Thank you, Michelle
Michelle Parenti
BottomLine
because it works
www.BottomLinePPC.com
626.833.5015
Join Us Online
Addenda Item B
Complaint #2:
From: Randy Griffin [mailto:randywgriffin @gmail.com]
Sent: Friday, March 05, 2010 4:27 PM
To: Greg Daly
Cc: Larry Brooks
Subject: Re: Town of Avon, AAA Parking complaint
Dear Lt. Daly:
Concerning your response:
There are up to 22 posted signs in that parking lot area. They are
generally posted on lamp posts (8 feet from the ground, so they can
be seen over vehicles) around the property with some on posts. The
majority of the signs are posted on the west end of the property.
According to Mr. Antuna, the Town of Avon community development
department has restrictions on the sign size and the amount of signs
posted. I will be speaking with our Comm. Dev department regarding
these issues.
From the entrance to the lot to well past where we parked, there were NO signs posted.
The one nearest sign would have required us to look WITH A FLASHLIGHT on the side
of a DUMPSTER SHELTER, away from the entrance to the lot and also away from the
direction my wife exited the vehicle. If that fits the requirement of being conspicuously
displayed, then we'll have to modify the definition of conspicuous.
AAA Booting have been requested by jurisdictions within this county to
not post on the driver's window. This request was made to ensure that
there was no obstruction of view via the driver's side window. I have
requested that in future, he place the posting on the driver's side rear
window.
I would suggest re- thinking this policy. I don't see how this would block the view if the
person CAN'T DRIVE the vehicle until the boot is removed. A little common sense is
warranted here.
With regard to the signature issue, NA on the notice letter, is not "Not
Applicable ", it is the initials of Nick Antuna, the company owner and
operator. I have asked that he provide a full signature rather than
initials in the future.
I never suggested that NA meant Not Applicable. My point is that Mr.Antuna broke the
law. Nothing more, nothing less.
AAA booting has the ability to charge an excess fee as described by
the Colorado PUC, for operations in the Mountain region area (west of
10 air miles west and parallel to I -25 interstate highway which runs
north south through Denver). This additional fee is up to 12% of the
Addenda Item B
set fee of $154. He can charge an additional $18.48 which accounts
for the differential as described in your email.
This is described under section
6511 (i)
4 CCR 723 -6
6511. Rates and Charges.
(i) Additional charges in mountain areas for non - consensual tows and storage.
(1) When a motor vehicle is towed between points in the mountain area, the
towing carrier may add an additional amount not to exceed 12 percent of the
towing charges provided in paragraphs (b), (d), (e), and (f).
(11) When a motor vehicle is towed into or out of the mountain area, the towing
carrier may add an additional amount not to exceed 12 percent of the towing
charges, provided that the mileage charge is prorated for, and applied only to,
mileage actually traveled within the mountain area.
(III) The towing carrier may add an additional amount not to exceed
4 CCR 723 -6 apparently applies to TOWS AND STORAGE, not immobilization. The
code I quoted specifically points to a boot removal fee. Once again, Mr. Antuna has
broken the law. Period.
according to Mr. Antuna these are in violation of town code, regarding
size and position adjacent to the right of way and will probably have to
be taken down by the property management company.
So Mr. Antuna freely admit he breaks other city codes. No shock there.
Mr. Antuna stated that these girls did not have the money to have the
boot removed. He talked with their mother by cell phone and she
wanted to pay on the following day. He could not do that. She asked
that he drive them in his vehicle to an atm. He refused due to
insurance liability issues. He then told the mother that he would
remove the boot and follow the girls to an ATM to pay the removal fee.
Obviously I was not privy to the other side of his phone conversation. I heard what I
heard ..... 2 Hispanic males suggesting they follow 2 young females to an ATM. Nothing
more or less.
In regards to your complaint, I do not find grounds for a suspension of
AAA Booting at this time.
If breaking multiple city codes and freely admitting to breaking another do not rise to the
level of a suspension, what can I say? It would appear you have chosen not to follow the
code either.
However, you have the right to appeal the boot via the court process.
This involves requesting a hearing within 10 calendar days of receiving
the boot; I understand that it would involve your appearance back in
Avon.
Addenda Item B
Here we get to the crux of the matter. All parties involved know it would cost me $1000
to return to have a hearing not to mention 2 lost days of work amounting to $15,000 of
lost production in my office. All parties know I'm not going to do that so the simple cure
is to brush me off and forget what happened.
I did not break ANY code that I could have reasonably been aware of and AAA Parking
broke SEVERAL code they are aware of. Net result? I'm inconvenienced, out $128 and
Mr. Antuna suffers NO REPERCUSSIONS ... NONE ...... In fact, he is taking advantage
of the lack of signage to feather his own nest. I saw the log. All of his activity was in
this one lot where HE KNEW he would be able to extort hundreds of dollars from
otherwise law abiding citizens. I have no personal knowledge of any "good ole boy"
arrangements or under the table payments but a thinking person would be mighty
suspicious with the set of circumstances as they are. I only hope that some sort of karma
exists and Mr. Antuna will be repaid in kind a hundred fold.
Dr. Randy W. Griffin
2654 West Lake Road
Palm Harbor, FL 34684
727 - 787 -4005
727 - 490 -4421 Fax
The information contained in this transmission may be privileged and confidential. It is
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reimburse you for your postage.
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager Initials
Legal: Eric Heil, Town Attorney
From: Scott Wright, Asst. Town Manager — Finance
Date: June 2, 2010
Re: 2011 Budget Calendar
Summary:
Please see attached the 2011 budget calendar as previously discussed.
Please make note of the date of the budget retreat to be held on Tuesday, October 12, a regular
Town Council meeting day. The budget retreat will begin at 8:30 a.m. and take the place of
the normal worksession. The regular meeting will begin as regularly scheduled at 5:30 p.m.
The budget retreat will focus on major budget and operational issues. We plan on having a
number of budget presentations and budget - related topic discussions during the regularly
scheduled Town Council worksessions leading up to the date of the retreat.
Town Manager Comments:
Attachments:
A — 2011 Budget Calendar
TOWN OF AVON
2011
BUDGET CALENDAR
Attendees and
Date Description Responsible Party
Dept. Heads & Staff;
Budget kickoff meetings with staff to discuss budget process, issues Brooks; Wright;
6/16/10 and objectives. Huitt
Six (6) Town Council worksessions w/ various budget - related
presentations and discussions leading up to the budget retreat.
Discussions may include topics such as: revenues, staffing and Dept. Heads & Staff;
personnel, individual department budgets, asset management, Brooks; Wright;
07/6/10-9/28/10 financial models Huitt
7/30/10 Budgets due back to Finance from Dept Heads
TBD Presentation of non - profit funding requests to Council
9/28/10 Presentation of Final Draft of CIP Long -range Plan
10/1/10 Distribution of 2011 proposed budget to Council and staff
10/6/10 Dress rehearsal for budget presentations
Budget retreat with Council. Retreat will include departmental
presentations, review of long -range CIP, final approval of non - profit
10/12/10 funding, and review of comprehensive financial model.
11/1/10 Notice of Public Hearing published in local newspaper
11/9/10 Public Hearing on 2011 budgets
Adoption of 2011 Operating Budget, URA Budget, CIP Budget, and
11/23/10 Long -range plan
11/23/10 or
12/14/10 Certification of mill levy to County Commissioners
6/2/2010,11:39 AM Page 1
McKenney
Hildreth / Wright /
Strehler
Huitt
Dept. Heads
Staff; Council
McKenny
Council
Wright; Huitt;
Council
Wright; Huitt;
Council