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1993-12-14 Support Documentation Town Council Work Session
VAIL T01IVN COUNCIL ~ ~'~DES®AY, ®ECEMBER 1~4, 1993 2:00 ~.M. 6ti~ T®!/ C®I.bNCiL CB-iIAMBE~3S AGEN®~ 1. Executive Session: Legal fUlatters. 2. PEC Report. 3. Discussion Re: Parking Pay-in-Lieu Program. 4. Progress Report on the Environmental Strategic Plan. 5. Appointment of Alternate Appointee to NWCCOG & OO. 6. Information Update. ~ Scheduling Lindholm Land Exchange. 7. Council Reports. 8. Other. 9. Adjournment. NOTE UPCOMING MEETING START TIMES BELOU!!: ~ ~ ~ THE NEXT VAIL TOWN COUNCIL REGULAR VVORIC SESSION lAIILL BE ON TUESDAY, '12/29/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING IA/ILL BE ON TUESDAY, 92/2/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAIINBERS. THE FOLLOWING VAIL TOVtIN COUNCIL REGULAR ~/ORK SESSION lA/ILL BE ON TUESDAY, 9/4/9, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLL01i111NG VAIL TO~/N COUNCIL REGULAR EVENING MEETING 1HlILL BE ON TUESDAY, 9/4/94, BEGINNING AT 7:30 R.M. IN TOV COUNCIL CHAMBERS. ~ O C:~AGENDA.WS i y. . VAIL TOVVIV COUNCIL ~~~0~ T0.9ES®AY, ®~CEM~~R 9993 2:00 P.~. 9~1 C®4.D6VC@rL OB-aAMBERS EXPAP9®E® ACEIV®A 2:00 P.M. 1. Executive Session: Legal Matters. 3:00 P.M. 2. PEC Report. Kristan Pritz 3:10 P.M. 3. Discussion Re: Parking Pay-in-Lieu Program. Andy Knudtsen Action Requested of Council: Present ideas or concerns regarding the parking pay-in-lieu program. 3:30 P.M. 4. Progress Report on the Environmental Strategic Plan. Russ Forrest Action Requested of Council: Review proceedings report from the environmental search conference. Backaround Rationale: Staff is currently preparing an environmental strategic plan to help develop and effective environmental program that is congruent with long-term plans, different public interests, and effectively addresses Vail's environmental issues. This strategic plan will be used to gain consensus on important environmental/development issues and to develop along-term environmental work plan. A major step in the development of this document was Vail's Environmental Odyssey: The fVext Generation search conference. On October 8th and 9th, approximately SO different stakeholders representing various business interest groups, neighborhoods, and area governments met in Vail to discuss environmental issues TOV needs to address. The input from this conference will provide the foundation for the strategic plan. 4:00 P.M. 5. Appointment of Alternate Appointee to NWCCOG & QO. Pam Brandmeyer 4:05 P.M. 6. Information Update. * Scheduling Lindholm Land Exchange. 7. Council Reports. 8. Other. 9. Adjournment. 1 NOTE UPCOMING MEETING START TI11flES BELOW: THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TOES®Al~, 92/21/93, BEGINNING AT 2:00 P.iifl. IN TOV COUNCIL CHAf~BERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUES®AY, 12/21/93, BEGINNING AT 7:30 P.f~l. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUES®AV, 1/x/94, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUES®AY, 1/4/94, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. ~ ~ C:VIGENDA.WSE 2 0 J 1 iiNEfiAORAIVDUIM fPRIIVILE~E® AND C®NI=11®ENTBA~ TO: Vail Town Council - FR: Tom Moorhead DA: December 10, 9 993 RE: Dealt Cable..Franchise Agreement - Attached to this memo you will find a cover letter from Carl Pilnick, a draft Cable Franchise Agreement, and suggested Code changes concerning our cable television franchise negotiations. Carl Pilnick, our consultant, will be here to discuss the status of the negotiations on December _ 14, 1993,, during. the Executive Session of your Work Session that day. Subsequent to the Council Work Session, Carl- will be meeting with TCI. I believe that Carl will be prepared to answer any and all questions that Council has concerning our negotiation and our ultimate goal in reaching a franchise agreement. r I P~~CCItl~ ®uo U °B B7~ ~'ELECOn/IiifIlJN9CA1"1O1V5 i~A~IAGEiviEN-[" COF~F? 5757 Wilshire Blvd. Suite 344 • Los Angeles, CA 90036 (213) 931-2600 Fax (213) 931-7355 September 30, 1993 Mr• Thomas Moorehead Town Attorney Town of Vail 75 Frontage Road Vail, Colorado 81657 Dear Tom: I am enclosing ,a draft of a cable television franchise renewal agreement along the lines of our discussions with TCI at the meeting of September 23. Although you probably have this in your files, I also am enclosing a copy of our recommericled modifications to Title 21, Chapter 21.0, the Town°s current cable television regulatory ordinance. The modifications would have to be adopted by the Town so that they become effective prior to the execution of a new franchise agreement. I also am sending a copy of. both documents to TCI for review prior to our next meeting. Please let me know if your have any questions with respect to this material. Also, as per our discussion, I°m enclosing a brief proposal to assist the Town in its initial rate regulation process, if the Town wishes to become certified. Sincerely, . CARL PILNICK President C: Stan McKinzie enclosures a~~~~ Q . a ~ o o 9I3~~g3 ON FRANCHISE AGREEMENT CABLE TELEVISI BETWEEN THE TOWN OF VAIL _ p,ND ~ 1993 EFFECTIVE= AVAILtt2 d „ T~,BLE OF CO1~iTER1TS . SECTION 1 RENEWAL OF FRANCHISE ..........................2 SECTION 2 GENERAL REQUIREMENTS 5 . SECTION 3 SERVICE AREA AND LINE EXTENSION POLICY........ 15 SECTION 4 SYSTEM UPGRADE.........< 16 SECTION 5 SERVICES AND PROGRAMMING ..............q.......21 SECTION 6 SUPPORT FOR LOCAL CABLE ACCESS......e......... 22 SECTION 7 REGULATION ....................................24 APPENDICES A -OWNERSHIP B SURETY GUARANTEE (SAMPLE) C INTERCONNECTION OF AND SERVICE TO PUBLIC FACILITIES D GRANTEE COMMITMENT TO PEG ACCESS FACILITIES AND EQUIPMENT - nvniun r~ AG1tEEA4Eld'I' . . This Agreement, made and entered into this day of 1993, by and between the Town of Vail, a municipal . corporation of the State of Colorado, and Cablevision VI, Inc., dba TCI Cablevision of~the Rockies, Inc., a subsidiary of Tele-Communications, Inc. ~1%TIdESSETIi WHEREAS, the Town of Vail, pursuant to Title 21, Chapter 21.02 of Town Municipal Code, is authorized to grant and renew one or more non-exclusive revocable franchises to operate, construct, maintain and reconstruct a cable television system within the Town; and , WHEREAS, the Town, after due evaluation of Cablevision VI, Inc., dba TCI Cablevision of the Rockies, Inc., and after public hearings, has determined that it is in the best ~'4 interests of the Town and its residents to renew its ~i.'I :r franchise with Cablevision VI, Inc., dba TCI Cablevision of the Rockies, Inc. NOW, THEREFORE, the Town of Vail (hereinafter B1the Grantor") hereby grants to Cablevision VI, Inc., dba TCI Cablevision of the Rockies, Inc. (hereinafter °°the Grantee°°) a renewal of its cable television franchise in accordance with the provisions of Title 21, Chapter 21.02 and this Agreement. r 1 a. i. e~!`~'i'~.'~IOB~ g R~'.'~~'+'~~lga Q!~' ~''~~1~~'~Ie~'~'' Aog Grant 1~ ~ t. The cable television franchise granted on August 15, 1989, to Heritage Cablevision by Title 21, Chapter 21.04 of the Municipal Code, and now held by Cablevision VI, Inc., dba TCI Cablevision of the Rockies, Inc., a corporation whose ownership is indicated in Exhibit °1A1°, is hereby renewed, subject to the terms and conditions of this Agreement. The renewal extends the franchise, authority, right and privilege, to construct, reconstruct, operate and maintain a cable television system within the streets and public ways in the Town of Vail as it is now or may in the future be constituted. 1..2 night of Grantor to Issue and Renew Franchise The Grantee acknowledges and accepts the present right of the Grantor to issue and/or renew a franchise and the' Grantee agrees it shall not now or at any time hereafter challenge any lawful exercise of this right in any local, State or Federal court.' This is not, however, a waiver of any constitutional or legal right or privilege on the part of the Grantee. , l03 Efgective Date og Renewal The renewal shall be effective on the date that both parties have executed this Agreement, provided that said date is no later than thirty (30) days after the date the Town Council, by Resolution, approves this Agreement. The renewal is further contingent upon the filing by the Grantee 2. y ~ - G 1; r~ with the Town Clerk, of the executed Franchise Agreement and ° p, ~i the required security fund and insurance certificates, except that if the filing of the security fund or any such .r insurance certificate does not occur within sixty (60) days . after the effective date of the Resolution approving this renewal and any extension of time hereunder, the Grantor may declare this renewal null and void. lob Duration The term of the renewal shall be fifteen (15) years from the effective date hereof, at which time it shall expire and be of no force and effect unless renewed. Renewal shall be in accordance with applicable law. ; l.g Franchise Not Exclusive This franchise shall not be construed as any limitation upon the right of the Grantor, through its proper offices, and in accordance with applicable law, to grant to other persons or corporations rights, privileges or authority r~ similar to or different from the rights, privileges and authority herein set forth, in the same or other streets and public ways or public places or other places the Grantee is entitled to occupy by~franchise, permit or otherwise, f provided, however, that such additional grants shall not ; operate to materially modify, revoke or terminate any rights granted to the Grantee herein,, and shall be in accord with - the provisions of Title 21, Chapter 21.02. 'L a~ 't 3 6 ~ ~ ~ j i g o ~ COnf loot &1~t~1 Tbtle~ gp ~°.11~~4.P..$' a g o Da The provisions of Title 21, Chapter 21.02, are hereby incorporated herein by reference as if set out in full, and form part of the terms and conditions of this Agreement. In event of any conflict between the terms and conditions of this Agreement and the provisions of Title 21, Chapter 21.02, this Agreement shall prevail. Should Title 21, Chapter 21.02 be amended, revised, superseded or otherwise changed after the effective date hereof in such way as would materially affect the terms and conditions of this Agreement, said amendment, revision or change shall not apply to this Agreement without the Grantee's approval. g.7 Definitioxas The definitions contained in Title 21, Chapter 21:02 are incorporated herein as if fully set forth. . ry.. G~; 4 SECT%OliT 2 GEAlERA%, REQLT%RExENTS 201 Governing Requirements . The Grantee shall comply with all lawful requirements of this Agreement, Title 21, Chapter 21.02 and applicable State and Federal law. 202 Franchise Fee The Grantee shall pay to the Grantor an annual franchise fee of five percent (50) of Gross Annual Revenues received by the Grantee from all operations of the cable system in the Town of Vail. The fee shall be payable quarterly by April 30, July 31, October 31 and January 31 ' for the preceding three (3) month periods. - 2e3 Recovery of Processing Costs (a) As provided in Title 21, Chapter 21.02; the Grantee, within si~tty (60) days after receipt from the Grantor of a written itemization, shall reimburse the f Grantor for its reasonable out-of-pocket costs incurred during the franchise renewal process, not to exceed Twenty- `~t Five Thousand Dollars ($25,000). (b) During the term of this renewal, if the P Grantee initiates a request for approval regarding the transfer of this franchise or change in control of the i Grantee, the Grantee shall reimburse the Grantor for all ~I reasonable out-of pocket costs incurred by the Grantor as i part of, the Grantor°s review and processing of the request. Any such costs shall not be charged against any franchise fee due to the Grantor during the term of the franchise. 5 ~ ~ r~ 1 (c) To aid in the analysis and resolution of any future disputed matters relative to the franchise, the Grantor and the Grantee may, by mutual agreement (both as to whether to hire and. whom to hire), employ the services of technical, financial or legal consultants, as mediators. All reasonable fees of the consultants incurred by the Grantor and/or the Grantee in this regard shall be borne equally. Z o ~ %nsurax~ce (a) Upon the effective date of renewal the Grantee shall, at its sole expense, take out, and maintain during the life of this Agreement a policy of public liability insurance that shall protect the Grantee, the Grantor, its officials, officers, directors, employees and agents from claims which may arise from operations under this Agreement, whether such operations be by the Grantee, . its officials, officers, directors, employees and agents, or any subcontractors of Grantee. The liability insurance shall include, but shall not be limited to, protection • against claims arising from bodily and personal injury and damage to property, resulting from the Grantee°s automobiles, products and .completed operations. The amounts of insurance shall not be less than the followings Single Limit Coverage applying to Bodily and Personal Injury and Property Damage: Two Million Dollars ($2,000,000) 6 The following endorsements shall be attached to the liability policya (1) The policy shall cover on an °toccurrence11 basis. (2) The policy shall cover Personal Injury as well as Bodily Injury. (3) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier°s standard endorsement as to bodily injuries, personal injuries and property damage. (4) Broad Form property damage liability shall be afforded. (5} The Grantor shall be named additional insured on the policy. ('6) An endorsement shall be provided which states that the 'coverage is primary insurance and that no other insurance effected by the Grantor will be called upon to contribute to a loss under this coverage. (7) Standard form of cross-liability shall be afforded. (8) An endorsement stating that the policy shall not be cancelled without thirty (30} days notice of such cancellation given to the Grantor. 7 (b) The Grantor reserves the right to adjust the limit coverage requirements at no more often than every four (4) years. Any such adjustment by the Grantor will be no greater than the increase in the Denver Metropolitan Area Consumer Price Index (all consumers) for such four (4) year period. (c) The Grantee shall submit to the Grantor documentation of the required insurance including a certificate of insurance signed by the insurance agent and companies named, as well as all properly executed endorsements. (d} Any deductible or self-insured retentions must be declared to and approved by the Grantor. 20~ Indemnification (a) Except as otherwise provided herein, the Grantee shall indemnify, hold harmless, release and defend the Grantor, its officers, employees and agents from and against any and all actions, claims, demands, damages, disability, losses, expenses including attorney°s fees and ~,4 other defense costs or liabilities of any nature that may be asserted by any person or entity including the Grantee from any cause whatsoever including another°s concurrent negligence arising out of or in any way connected with the aforesaid operations, the exercise or enjoyment of the. • franchise renewed pursuant to this Agreement, andJor the activities of the Grantee, its subcontractors, employees and agents hereunder. The Grantee shall be solely responsible 8 and save the Grantor harmless from all matters relative to payment of the Grantee°s employees including compliance with Social Security, withholding, etc. (b) This indemnification obligation is not limited in any way by a limitation on the amount or type of damages or compensation payable by or for the Grantee under 6Vorkers° Compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this Agreement, or the terms, applicability or limitations of any insurance held by the Grantee. (c) The Grantor does not, and shall not, waive any rights against the Grantee which it may have by reason of this indemnification, because of the acceptance by the Grantor, or the deposit with the Grantor by the Grantee, of any of the insurance policies described in this Section. (d) This indemnification by the Grantee shall apply to all damages and claims for damages of any kind suffered by reason of any of the aforesaid operations referred to in this Section, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. (e) The Grantee shall not be required to indemnify the Grantor for negligence or misconduct on the part of the Grantor or its officials, boards, commissions, agents, or employees (hereinafter °tsuch acts"). The Grantor shall hold the Grantee harmless from any damage resulting from any such acts of the Grantor or its officials, boards, 9 commissions, agents or employees in utilizing any PEG access channels, equipment, or facilities and for any such acts committed by the Grantor in connection with work performed by the Grantor and permitted by this Agreement, on or adjacent to the Cable System. 20~ Grantee°s Insurance The Grantee shall not commence any system , reconstruction work or permit any subcontractor to commence work until both shall have obtained or cause to be obtained all insurance required under this Section. Said insurance shall be maintained in full force and effect until the completion of reconstruction, and approval thereof by the Grantor. 207 Workers Compensation %nsurance The Grantee shall obtain and maintain Workers Compensation Insurance for all the Grantee's employees, and in case any work is sublet, the Grantee shall require any subcontractor similarly to provide Workers Compensation Insurance for all subcontractor's employees, all in compliance with State laws, and to fully protect the Grantor from any and all claims arising out of occurrences on the . work. The Grantee hereby indemnifies the Grantor for any damage resulting to it from failure of either the Grantee or any subcontractor to take out and maintain such insurance. The Grantee shall provide the Grantor with a certificate of insurance indicating Workers Compensation coverage prior to commencing reconstruction of the system. 10 2a8 Security Fund (a) In accordance with Title 21, Chapter 21.02, within sixty (60) days of the Resolution adopting this Agreement, the Grantee shall establish and provide to Grantor a security fund, as security for the faithful performance by the Grantee of all material provision of this Agreement. The security fund shall consist of two (2) parts. The first part shall be a bond, which may be a corporate guarantee and which shall be in the amount of Five Hundred Thousand Dollars ($500,000), and in a form acceptable to the Grantor's Town Attorney, and essentially similar to the example provided in Exhibit °1B". The second part shall be in the amount of at least Fifty Thousand Dollars ($50,000) and shall either be in the form of an ' irrevocable letter of credit, or a cash deposit established in a local bank in an interest-bearing account payable to the order of the Grantor as trustee for the Grantee, with . all interest distributed to the Grantee. (b) The bond shall be maintained at the Five ' Hundred Thousand Dollar ($500,000) level until the system upgrade and/or rebuild provided for in Section 4.1 herein is completed, at which time the bond shall be released, provided there are then no outstanding material violations of this Agreement. The cash or letter of credit portion of „ the security fund shall be maintained at the Fifty Thousand ; Dollar ($50,000) level throughout the term of this Agreement, unless released sooner by the Grantor. 11 (c) The security fund may be assessed by the Grantor for those purposes specified in Title 21, Chapter 21.02, in accordance with the procedures of Section 2.9 herein and/or Title 21, Chapter 21.02, as the case may be, provided that the Grantee has received written notice and thirty (30) days after receipt of notice to cure any material violations prior to any assessment. As long as the Grantor follows the procedures specified herein for utilizing and/or withdrawing funds from said security fund, the Grantee shall not initiate litigation or non-Town administrative action to prevent or impair the Grantor from accessing those funds. The Grantee°s recourse, in the event the Grantee believes any taking of security funds is improper, shall be through legal action after the security has been drawn upon. If the Grantor's action or taking is found to be improper by any court or agency of competent jurisdiction, the Grantee shall be entitled to a refund of the funds plus interest and/or any other award which such court or agency shall make. (d) Nothing herein shall be deemed a waiver of the normal permit and bonding requirements made of all contractors working within the Town°s rights-of-way. 2.9 Procedure for Remedying Franchise Violations (a) The procedure for remedying franchise violations or breaches shall be consistent with the procedures of Title 21, Chapter 21.02. The Grantor, by action of the Town Manager or a delegate, shall first notify 12 the Grantee of the violation in writing by personal delivery or registered or certified mail, and demand correction within a reasonable time, which shall not be less than five (5) days in the case of the failure of the Grantee to pay any sum or other amount due the Grantor under this Agreement or Title 21, Chapter 21.02, and thirty (30) days in all other cases. If the Grantee fails to correct the, violation within the time prescribed or if the Grantee fails to commence corrective action within the time prescribed and diligently remedy such violation thereafter, the Grantee shall then be given a written notice of not less than twenty (20) days of a public hearing to be held before the Council. Said notice shall specify the violations alleged to have occurred. (b) At the public hearing,_the Council shall hear and consider all relevant evidence, and thereafter render findings and its decision. (c) In the event the Council finds that the Grantee has corrected the violation or has diligently commenced correction of such violation after notice thereof r from the Grantor and is diligently proceeding to fully remedy such violation, or that no material violation has occurred, the proceedings shall terminate and no penalty or other sanction shall be imposed. In determining whether a violation is material, the Grantor shall take into consideration the reliability of the evidence of the violation, the nature of the violation and the damage (if 13 ~ y 1 any), caused to the Grantor thereby, whether the violation was chronic, and any justifying or mitigating circumstances and such other matters as the Grantor may deem appropriate. (d) In the event the Council finds that a material violation exists and that the Grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation, the Council may impose liquidated damages, assessable from the security fund, of up to One Thousand Dollars ($1,000) per day or per incident, for unexcused violations of the system upgrade and/or rebuild completion schedule provided in Section 4.1 herein, and up to Two Hundred Dollars ($200) per day or per incident for all other violations, provided that all violations of a similar nature occurring at the same time shall be considered one (1) incident. aogo Reservation of Rights The Grantor and the Grantee reserve all rights that they may possess under the law unless expressly waived herein. 2011 State and Federal Preemption In the event that the State of Federal government ; discontinues preemption in area of cable communications over which it currently exercises jurisdiction in such manner as to expand rather than limit municipal regulatory authority, the Grantor may, if it so elects, adopt rules and regulations in these areas, to the extent permitted in the then applicable law or regulation. 14 ' , SECT%O~ 3 SERA%CE AREA ADD L%NE EXTENSYON POLYC~ 3e1 Franchise and Service Area The Grantee°s franchise and service areas shall be the entire Town of Vail, as now constituted and as may be constituted during the term of this Agreement. The Grantee shall offer the full range of residential cable services to all residents of the Town, at standard installation charges. 302 Commercial Areas For areas of the Town that are primarily commercial, the Grantee ,shall install appropriate conduit at any time that open utility trenches are available and the Grantee has _ received at least ten (1Q) working days advance notice of the availability of the trenches. Residences in primarily commercial areas shall be provided with cable service upon request, on a time and materials basis. 15 SECT%OM ~ SYSTEM UPGRADE col UpgPade (a) The Grantee shall upgrade and/or rebuild, as appropriate, the existing cable system to provide a capacity of at least seventy-eight (78) video channels [corresponding to an upper operating frequency of Five Hundred Fifty Megahertz (550 MHz)], within thirty-six (36) months of the effective date of this Agreement. Completion of construction shall be defined as the ability to provide up to seventy-eight (78) channels of video programming to all residential subscribers within the Town, as well as satisfactory completion of any permit-specified requirements and the public building connections provided in Section 4.2 below. 5 (b) 'The upgrade/rebuild shall utilize a °'fiber optics to the service area" design in which optical fiber delivers signals from a central hub to nodes serving approximately fifty (50) to one thousand (1,000) residences. The nodes interface the optical fiber with coaxial cables which distribute signals to cable subscribers, and also serve as input-output points for interconnection to public buildings and businesses. " X02 %nteractive Connection to Public Euildings No later than the completion of the system upgrade/rebuild provided in Section 4.1(a) above, the Grantee shall interconnect the public buildings listed in Exhibit "C", paragraph 1, to a fiber optic node of the 16 1 ' 1 system so as to provide the capability to transmit and receive broadband video, data and/or voice communications between two (2) or more public buildings, contingent only upon the installation of appropriate terminal and interface equipment at the transmission and reception public building locations. ~e3 Future System Modifications . (a) To assure that the Grantee°s cable system continues to reflect the general cable industry state-of- the-art throughout the term of the franchise, the Grantor and the Grantee agree to utilize cable systems in the following Colorado communities as a basis for comparison.. The comparison communities (also referred to as the °1comparison group") shall be: (1) (5) (2) (6) (3) (4) (8) (b) The Grantor and the Grantee agree that subsequent to the completion of the upgrade and/or rebuild required in Section 4.1 above, but not sooner than five (5) years after the effective date of this Agreement, when three (3) or more of the cable systems in the comparison group . (also referred to as the "comparison sub-group") offer video programming services which exceed the services provided on the Grantee's system by ten (l0) services or more, the 17 Grantor may require the Grantee to provide additional video programming services to meet or exceed the average provided , by the comparison sub-group. The Grantee shall complete the modification within six (6) months of receipt of the Grantor request, subject to the availability of system channel capacity.• (c) The Grantor and the Grantee further agree that subsequent to the completion of the upgrade and/or rebuild required in Section 4.1 above, when three (3) or more of the cable systems in the comparison group have activated upstream communications capacity and are offering interactive residential services, which may include but are not limited to telephone and data communications, the Grantor may require the Grantee to activate the upstream capacity of the Grantee°s system. The Grantee shall complete this activation within twelve (12) months of receipt of the Grantor request. (d) If an upgrade request pursuant to Section - 4.3(b) or (c) above is made by the Grantor, and the cost of • such an upgrade will exceed Dollars the Grantee shall be entitled to appropriate compensation including; but not necessarily limited to, an extension of the franchise term. ~e~ Emergency Alert Capability • Within six (6) months of the effective date of this Agreement, the Grantee shall provide the system capability to transmit an emergency alert signal to all participating 18 subscribers, in the form of an audio override capability to permit the Grantor to interrupt and cablecast an audio message on all channels simultaneously in the event of disaster or public emergency. This capability shall continue to be operational .during and subsequent to the system upgrade required by Section 4.1 above. X03 Standby Power , Concurrent with the system upgrade provided in Section 4.1 above, the Grantee shall provide standby power generating capacity at the cable communications system control center and capable of providing at least twelve (12) hours of emergency supply. The Grantee shall maintain standby power system supplies throughout the coaxial cable portion of the system, capable of providing emergency power within the standard limits of commercially available power supply units. ~e.~ Parental Control bock The Grantee shall provide, for sale or lease, to subscribers, upon request, a parental control locking device . or digital code that permits inhibiting the video and audio portions of premium channels. ~.7 Status Monitoring The Grantee shall provide an automatic status monitoring system or a functional equivalent when the cable system has been activated for interactive service provided that such status monitoring is technically and economically proven to the Grantee's satisfaction. 19 . ~ • 1 ~ ' Asa Technical Stancflards The Federal Communications Commission (FCC) Rules and Regulations, Part 76, Subpart K (Technical Standards), as amended from time to time, shall apply, to the extent permitted by applicable law. ~ 0 9 Rig?xt og %nspec~tion The Grantor shall have the right to inspect all construction, reconstruction or installation work performed subject to the provisions of the franchise and other pertinent provisions of law, and as part. of the Grantor°s obligation to protect the public health, safety and welfare of its citizens. 20 SECT%ON g SERV%CES AND PROGRAY~IM%NG 3.l services and Programming . The Grantee shall provide the Grantor with a list of video and other services offered, which list shall be updated each time a change is made. The Grantee shall not reduce the number of services without thirty (30) days prior written notification to the Grantor and system subscribers. X02. Leased Channel Service The Grantee shall offer leased channel service on reasonable terms and conditions and in accordance with applicable law. 21 D 06a1.d~~a0 ~ SVJCS~~d S0~ JJ~CL'!L iill~dJ S~ 6D~CES~7 ' ~ o g PEG Access Operatia~g Cosfts Based on the provisions of the Cable Communications Policy Act of 1984 and future applicable law, the Grantor shall determine from time to time the funding level that the Grantor desires to make available for public, .educational and governmental (PEG) access operating costs, and the most appropriate entity or entities to manage PEG access operations. Any Grantor request to the Grantee for grant funds for equipment, facilities and channels for PEG access use shall be accompanied by an operating plan which delineates the source of the required funds to the extent required by Exhibit. °1 D1° . ~.2 Grantee Support for PEG Usage The Grantee shall provide the following or equivalent support for PEG cable usage within the franchise area: (a) Provision and use of the grant funds and channels designated in Exhibit "D°t of this Agreement for local PEG access equipment and facilities in accordance with the requirements of Exhibit °1D11. (b) Maintenance of the Grantee's PEG access facilities and channels, and support of PEG programming to the extent specified in Exhibit "D1° of this Agreement< (c) Provision of free public building installation and basic service, and provision of interactive 22 ~o communications capability, to and/or from the locations specified in Exhibit "C1°. X03 Compliaaace wbth ~ederag Law In accepting this franchise, the Grantee agrees that the commitments indicated in Section 6.2 above are voluntarily entered into and will not be charged against any franchise fees due to the'Grantor during the term ,of the franchise.' 23 SEC's%OAT 7 REGU%,A'~%OAT ?ol Franchise Regulation The franchise renewed under this Agreement shall be subject to regulation by the Grantor in accordance with all of the lawful provisions of Title 21, Chapter 21°02, and applicable Federal and State law. 7 e 2 Fogce A2aj sure The force majeure provisions of Title 21, Chapter 21.02 shall apply. 24 IN WITNESS WHEREOF, the Grantor and the Grantee have executed this Agreement the.date and year first above written. APPROVED AS TO FORM: TOWN OF VAIL By: Date: ATTEST: Town Clerk (SEAL) CABLEVISION VI, INC., DBA TCI CABLEVISION OF THE ROCKIES, INC. (CORPORATE SEAL) By: Name, Title Date: 25 .e ~ ~LLdDi~bd ow~aE~ts~tY~ (~o ~E ~ROVg~~o ~cg9 E7CIi%~%7' ~ s[JRETY GtJARADITEE (s~,F4P%,E ) B-1 EXHIE%T Ue SURETY GUARANTEE WHEREAS, the Town of Vail (hereinafter called 0°the Grantor") under this Franchise Agreement dated the day of 1993, has granted a franchise to Cablevision VI, Inc., dba TCI Cablevision of the Rockies, Inc., a subsidiary of Tele-Communications, Inc. (hereinafter called °°the Grantee") to own, operate, and maintain a cable television system (hereinafter called "the Franchise01); and WHEREAS, Tele-Communications, Inc. (hereinafter called "the Guarantor"), a corporation, being the parent company of the Grantee, has a substantial interest in the Franchise, the conduct of the Grantee, and the Franchise Agreement between the Grantor and the Grantee establishing the Franchise requirements, which Agreement is hereby specifically referred to, incorporated herein and made a part hereof; and WHEREAS, Section 2.8.of said Franchise Agreement requires the Grantee, as Principal, to furnish security issued to cover the faithful performance of certain of the Grantee°s obligation under said Franchise, and which security shall be in favor of the Grantor; , NOW THEREFORE, subject to the provisions of Section 2.9, the Guarantor hereby unconditionally guarantees the due and punctual performance of any and all obligations of Grantee contained in the Franchise Agreement, up to the . a ~ B-2 financial limits provided in Section 2.8. This Guarantee shall, unless terminated,. substituted or cancelled as hereinafter provided, remain in full force and effect for the period provided by the Franchise. Provided that, upon substitution of another Guarantor reasonably satisfactory to the Grantor, this Guarantee may be terminated, substituted or cancelled upon thirty (30) days prior written notice from the Guarantor to the Grantor and the Grantee. Any such notice to be given hereunder shall be addressed to the Grantor, with a copy to the Grantee. Such ' terminations shall not affect liability incurred or accrued under this Guarantee prior to the effective date of such termination or cancellation. No claim, suit or action under this Guarantee by reason of any default of the Grantee shall be brought against the Guarantor unless asserted.or commenced no later than six (6) months after the effective date of such termination or cancellation of the Guarantee. IN WITNESS WHEREOF, the Grantee and Guarantor have hereunto set this hands and seals this day of 1993. CABLEVISION VI, INC., dba TELE-COMMUNICATIONS, INC. TCI CABLEVISION OF THE ROCKIES, INC. By: By: Title: Title: a Ed\ilA~S d 'L IkVTE1tCOYdRiEC~`IO%d OF' ~iND SER`IICE 'IO P[iE%,IC FACI%,ITIES . ~ n a t ~ C-1 S o %dtl% b %dfdJ %da d Eitc oltl dtl S, 1. b %oltl The following public buildings shall be interconnected, with interactive communications capacity, at no installation charge, to the nearest fiber optic node of the upgraded cable system no later than the completion date of.the provided in Section 4e1 of this Agreements Building Location %clentigication Municipal Schools ~D y ' e ' C-2 60 07 d~d~tl%CSJ ~7 ShcOtl1LE6/ The following public buildings shall be provided with the highest level of basic cable service, at no monthly charge, by no later than the system upgrade completion date provided in Section 4.1: Building %clentification Location 3 a %ATTEF2DTAL CARL%ATG OF' SCHOOLS The following schools shall be internally cabled by the Grantee, so that a minimum of five (5) rooms per school, as designated by a cognizant school representative, shall be capable of receiving video and/or,data communications transmitted by the Grantee or an authorized public agencya Building %dentification Location ~ , D ~ e 4Qf~ //~a A to p~~~~~¢~y~~yyy~q~mm Yyq~~~~~~Y4~1 1~~0 yy 4f p~y~ /p~ lC ~19 68C Li'sSS SCICALbdSSi3 daaQ E.~ S+QugSaALi'Nd u o' D-1 EXH%EYT Do GRARTTEE COP~Ni%TMENT TO PEG ACCESS FAC%LIT%ES A1~1D EQU%PMETVT ao PU~r~gc, EoUCATgo~tA~ Ago GovERr~~E~tT (PEGS AccESS c~iA1~11dEI,S Upon the effective date of this Agreement, the Grantee shall make one (1) "open°0 video channel available exclusively for PEG use. An "open" channel is defined as one available to all cable subscribers. This channel shall be dedicated for the term of the franchise renewal, provided that the Grantee may utilize any portion of this channel during any time when it is not scheduled for PEG use. 'The Grantor and the Grantee shall establish rules and procedures for such scheduling in accordance with Section 611 of the Cable Communications Policy Act of 1984. Upon completion of the system rebuild/upgrade to seventy-eight (78) channel capacity, the Grantor may request and the Grantee shall provide up to a total of two (2) 0°open" channels for PEG use. The Grantor may not submit such a request unless the PEG channel already being utilized is cablecasting at least twenty (20) hours per month of locally produced video programming on each channel already designated for PEG use, and, further, that additional contemplated PEG programming cannot effectively utilize the existing channel during the time it is available. e 0 D-2 Upon completion of the system upgrade/rebuild, the Grantee also shall dedicate to the Grantor at least sixty Megahertz (60 MHz) of interactive capacity on the fiber optics portion of its cable system for PEG access use to permit the public facilities listed in Exhibit C.1 to transmit and/or receive video, data and voice communications' either to the public, or internally on a closed-circuit basis. 2 o PltOii%SYOliT OF YA1YT%AL PEG ~iCCESS Egil%PAgEYdT AYdD FAC%L%T%ES No later than twelve (12) months after the effective date of this Agreement, the Grantee shall provide a grant of One Hundred Fifty Thousand Dollars ($150,000) to be utilized solely for PEG access equipment and facilities. PEG access equipment and facilities are defined to include, but not be limited to, data communications terminal equipment as well as video equipment. All funds under this grant shall be utilized in accordance with an operating plan prepared and approved by the Grantor. The operating plan shall contain, as a minimum, the following information: (a) List of intended PEG users. (b) Planned type and level Of programming or communications service for each user. a D D-3 (c} Capital equipment, facilities and estimated costs required to support the intended uses. This shall include a survey of existing publicly-owned equipment that might~be available for the intended purposes. (d) User commitments by the Grantor or a third party to cover operating expenses and/or support facilities for at least a three (3) year period. (e) An evaluation by the Grantor that the existing public facilities and equipment are inadequate to meet the needs of the operating plan. (f) The operating plan shall be approved by resolution of the Council. (g) The Grantee is expected to comment upon the plan and provide recommendations to improve its effectiveness, but may not withhold any requested funds accompanied by a Grantor certification of need. 3 > 00CIiAATAIEL 5°° SUPPORT In addition to the grant of paragraph 2 above, the Grantee shall continue, for the term of the franchise, to provide adequate space and facilities to support the operation of "Channel 5", or any successor PEG access management entity designated by the Town. ~ 4 D-4 ~ o PRO~IIS%O~T OF FUTURE PEG ACCESS EgU%PAiERTT AIdD ~'AC%~YT%ES No later than seven {7) years after the effective date of this Agreement, the Grantee shall provide an additional grant of One Hundred Thousand Dollars ($100,000) for new or replacement PEG access equipment and facilities. Utilization of this grant shall be in accordance with an operating plan as provided in paragraph 2 above. , ~ o PEG OPERATIOAlS The Grantor may negotiate agreements with neighboring jurisdictions served by the same cable system, educational institutions, or others to .share operating expenses as appropriate. The Grantor and the Grantee may negotiate an agreement for management of PEG facilities and/or channel capacity, if so desired by the parties. ~ e TIT%E TO PEG EQUIPMEPIT The Grantor shall retain title to all PEG equipment provided with funding made available in accordance with paragraphs 2 and 4 above. °1 a RE%OCATION OF PEG CHP,ATATE%,S If the Grantee relocates any PEG access channel ~o a different channel number, the Grantee shall reimburse the Grantor for any out-of-pocket the Grantor costs incurred as a result of the relocation. The Grantee shall provide the K a :O d D-5 Grantor and all subscribers with at least thirty (30) days written notice of such relocation. S e P'ItOA~OT%OAT OF AEG ACCESS The Grantee shall allow the Grantor to place bill stuffers in the Grantee's subscriber statements at a cost to the Grantor not to exceed the Grantee's cost, no more than twice per year upon ,the written request of the Grantor and at such times that the placement of such materials would not effect the Grantee's cost for the production and mailing of such statements. The Grantor agrees to pay the Grantee in advance for the actual cost of such bill stuffers. The Grantee shall also make available access information provided by the Grantor in subscriber packets at the time of installation and at the counter in the system°s business office. The Grantee shall also distribute, at no charge to the Grantor, through advertising insertion equipment, promotional and awareness commercial spots produced at the Grantor's cost and submitted by the Grantor in a format compatible with such equipment once the Grantee has acquired and activated such capability. The Grantee shall also include a listing 'of the known programming to be cablecast on PEG access channels in any program guide of services for the cable system. •It.~ a6 °g'oWYd ®F° ~A%L YqO~%F'%CA°~%OIdS °d'O °~%'I'YaE ~ g n CR~P°g'E%8 ~ g o ~go~~o®g® ATo changes Tdo changes ego®~.~~® After °Dcable franchise°0 insert or 90franchise renewal°D. Afgqte~ryy 00such franchise°° insert °°or renewal°°. ~3 0'Y6 0 ®`CID D. Replace entire definition by the following: 99Basic cable service0° means any service tier which includes the retransmission of local broadcast television signals, or as the term. maybe redefined by Federal Communications Commission regulations. E. Replace °°Cable television service°° by °°Cable service°B. P. Replace entire definition by the following: 0°Gross revenues°9 means the annual gross receipts received by a grantee from all sources of operations of the Cable Television System within the town utilizing the public streets and rights- . of-way for which a franchise is required in order to deliver such cable service, excluding refundable deposits, rebates or credits, except that any sales, excise or other taxes or charges collected for direct pass-through to local, State 1 VAIL2.RPT ~d or Federal government, other than the franchise fee, shall not be includede Add the following definitions 1 09Franchise acreement°° means a franchise grant ordinance or a contractual agreement, containing the specific provisions of the franchise granted, including references, specifications, requirements and other related matterse 0°Franchise fee°° means any fee or assessment of any kind imposed by a franchising authority on a grantee as compensation for the grantee°s use of the public rights-of-waye The term °0franchise fee°0 does not include: (1) Any tax, fee or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly . discriminatory against cable operators or cable subscribers); i~ (2) Capital costs which are required by the. franchise to be incurred by grantee for public, educational, or governmental access facilities; r (3) Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, _ 2 Q ~ a letters of credit, insurance, indemnification, penalties, or liquidated damages; or (4) P,ny fee imposed under Title 17, United States Codeo 00Public., educational or government access facilities00 or °°PEG access facilities°° means the total of the followings (1) Channel capacity designated for noncommercial public, educational, or government use; and (2) Facilities and equipment for the use of such channel capacityo 0°Service area°° or °1Franchise area1° means the entire geographic area within the town as it is now constituted or may in the future be constituted, unless otherwise specified in the franchise or permits ~go0~o®30 No changes ' aaooaoo~o ATo changes ego®~a®7® AIo changes ego®2o®~® 1Vo changes ' aaooaoo~o Pdo changes 3 .q ' J b ~ o ®6 e d No changes Sao®2oag0 No changes AIo changes 2go®~og30 . 1Vo changes . aaooao~~o A1o changes Z~o02o~50 A1o changes , ~gao2ag~m Ao After °°gross revenues°°, insert °°or the maximum permitted by law,-whichever is greater0°o ~~o0~og7® Bea>be Replace °°set forth in the franchise agreement°° by °°for cable systems established by the FCC°° e ' a~oo~ogoo No changes b do ob o b3'® ~ Ydo changes O ® ~ 6 ~ o o . ATo changes ~goo2o~g® ATo changes 4 ~ Q e ~ Q~ ~ O ® [L O 6i 6i ® , ATo changes ~So®2o~~® Tdo changes aae®aoa~® AIo changes (but p,e 2 e may not be enforceable) o . age®~o~3® . ATo changes ~go02o~~b0 AyyTo chff a ngeyy s 6~ O 0 6 6 O~/ A Chanqe title to 0°Consumer protection and service standards°°o Replace paragraph Ao with the following: Ao Except as otherwise provided in the franchise agreement, the franchisee shall maintain the necessary facilities, equipment and personnel to comply with the following consumer protection and service standards under normal conditions of operationo 1o Sufficient toll-free telephone line capacity during normal business hours to assure that a minimum of ninety- five percent (95%) of all calls will be answered before the' fourth (4th) ring and ninety percent (90~) of all callers for service will not be required to wait more than thirty (30) seconds before being connected to a service representative< 2e Emergency telephone line capacity on a twenty-four (24) hour basis, including weekends and holidayse 5 .n . u ~.e 3. A local business and service office open during normal business hours at least eight (8) hours daily, and at least four hours weekly on evenings or weekends, and adequately staffed to accept subscriber payments and respond to service requests and complaints. 4. An emergency system maintenance and repair staff, capable of responding to and repairing major system malfunction on a twenty-four (24) hour per day basis. 5. An installation staff, capable of installing service to any subscriber within seven (7) days after receipt of a request, in all areas where trunk and feeder cable have been activated. 6. At the subscriber°s request, franchisee shall schedule, within a specified four (4) hour time period, all appointments with subscribers for installation of service. 7. The franchisee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions, insofar as possible, shall be preceded by • notice and shall occur during a period .of minimum use of the cable system, preferably between midnight and six A.M. (6x00 A.M.). . 8. The franchisee shall maintain a repair force of technicians normally capable or responding to subscriber requests for service within the following time frames: . a. For a system outagee Within two (2} hours, including weekends, of receiving subscriber calls or 6 ~d tl R requests for service which by number identify a system outage of sound or picture of one (1) or more channels, affecting at least ten percent (10$) of the subscribers of the system. b. For an isolated outage< Within twenty-four (24) hours, including weekends, of receiving requests for service identifying an isolated outage of sound or picture for one (1) or more channels that affects three (3) or more subscribers. On weekends, an outage affecting fewer than three (3) subscribers shall result in a service call no later than the following Monday morning. c. For inferior signal qualitye Within forty- . eight (48) hours, including weekends, of receiving a request for service identifying a problem concerning picture or sound quality, 9. The franchisee shall be deemed to have responded to a request for service under the provisions of this Section when a technician arrives at the service location and begins work on the problem. In the case of a subscriber not being home when the technician arrives, the technician shall leave written notification of arrival. Three (3) successive subscriber failures to be present at an appointed time shall excuse Grantee of the duty to respond. 10. The franchisee shall not charge for the repair or replacement of defective equipment provided by the franchisee to subscribers. 7 •o . e ' , 11. Unless excused, the franchisee shall determine the nature of the problem within forty-eight (48) hours of beginning work and resolve all cable system related problems within five (5) business days unless technically infeasible. 12. Upon request, the franchisee shall provide appropriate rebates to subscribers whose service has been interrupted for four (4} or more hours. , 13. Upon five (5) days notice, the franchisee shall establish its compliance with any or all. of the: standards "required above. The franchisee shall provide sufficient documentation to permit the town to verify the compliance. 14. P, repeated and verifiable pattern of non- . compliance with the consumer protection standards of 1. through 13. above, after the franchisee°s receipt of due notice and an opportunity to cure, may be deemed a material breach of the franchise. 15. The franchisee shall establish written procedures for receiving, acting upon and resolving subscriber complaints without intervention by the town. The written procedures shall prescribe the manner in which a subscriber may submit a complaint either orally or in writing " specifying the subscriber°s grounds for dissatisfaction. The franchisee shall file a copy of these procedures with town. 16. The town shall have the right to review the' franchisee°s response to subscriber complaints in order to 8 ~ ~C I O I determine the franchisee°s compliance with the franchise requirements, subject to the subscriber°s right to privacyo 17e It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the franchisee are honoredo In the event that the franchisee elects to rebuild, modify, or sell the system, or the town gives notice of intent to. terminate. or not to renew the franchise, the franchisee shall act so as to ensure that all subscribers receive service so long as the franchise remains in forces 18o In the event of a change of control of the franchisee, or in the event a new operator acquires the system, the original franchisee shall cooperate with the town, and/or the new franchisee or operator in maintaining continuity of service to all subscriberse During such period, the franchisee shall be entitled to the revenues for any period during which it operates the systems 19e All officers, agents or employees of the ' franchisee or its contractors or subcontractors who, in the normal course of work come into contact with members of the public or who require entry onto subscribers° premises shall carry a photo-identification card in a form approved by the towns The franchisee shall account for all identification cards at all timeso Every vehicle of the franchisee or its major subcontractors shall be clearly identified as working for the franchisees 9 'D ~ • ~ Q 20. Upon request of the town, but not more than once annually, the franchisee shall conduct a subscriber satisfaction survey pertaining to the quality of service, which may be transmitted to subscribers in the franchisee°s invoice for cable services. The results of such survey shall be provided to the town on a timely basis. The cost of such survey shall be borne by the franchisee. 21. Additional service standards and standards governing consumer protection and response by the franchisee to subscriber complaints not otherwise provided for in this Chapter may be established in the franchise agreement, and the franchisee shall comply with such standards in the operations of the cable television system. A verified and continuing pattern of noncompliance may be deemed a material breach of the franchise, provided that the franchisee shall receive due process, including written notification and an opportunity to cure, prior to any sanction being imposed. 22. Each year throughout the term of the franchise, if requested by the town, the town and the franchisee shall meet publicly to review system performance and quality of service. The various reports required pursuant to this Chapter, the results of technical performance tests, the record of subscriber complaints and the franchisee°s response to complaints, and the information acquired in any subscriber surveys, shall be utilized as the basis for review. In addition, any subscriber may submit comments or ` complaints during the review meetings, either orally or in 10 D writing, and these shall be considered. 6dithin thirty (30) days after conclusion of system performance review meeting, the town may issue findings with respect to the cable system°s franchise compliance and quality of service. If the town determines that the franchisee is not is compliance with the requirements of this Chapter or the franchise, the town may direct the franchisee to correct the areas of noncompliance within a reasonable period of time. Failure of the franchisee, after due notice, to correct the areas of noncompliance within the period specified therefor or to commence compliance within such period and diligently achieve compliance thereafter, shall be considered a material breach of the franchise, and the town may exercise any remedy within the scope of this Chapter and the franchise agreement considered appropriate. ~P.o®~o28® A. This may be superseded by the forthcoming FCC definition of 0°basic service tier99, in conformance with the 1992 Cable ~i Act. C. After °°cable television system°°, add °°in accordance with the provisions of the franchise agreement.°0 ~l00~029® Delete section (redundant with 21.02.280.B). ego®ao3®® Add 0°As provided in the franchise agreement, the franchisee shall provide live cablecasting capability to designated public buildings.°0 11~ .p ~ ' ~ ~booeL o~bY , After °°channel°° a insert °°including both the video and audio portions of the programming carried on that channelo0° ~~.o~D2o3~® ATo changes X10®033® ATo changes Sao®~o3~® ATo changes 2ao®~a35~o ATo changes ego®2o3~0 No changes 210003?0 1Vo changes 210®2o38A No changes 21e®2o3~® A1o changes 21oA2o~l00 Tdo changes 21o®2o~t1~ Ydo changes 2100202® No changes 2go®Za~3~ No changes 12 ~ ~ , .c ~ ~ ~goA~o~14® Aio changes ego o k~3® ldo changes ego®~o468 Ydo changes Add the following new sections: ~ g o o Fra~nc~aase Re~aewag Franchise renewals shall be in accordance with applicable law. The town and the franchisee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. Upon mutual execution of a franchise renewal agreement, the franchisee shall reimburse the town for costs incidental to the franchise renewal award, not to exceed any maximum specified in the agreement. Any such reimbursement shall not be charged . against any franchise fee due to the town during the term of the franchise. 2 g o , I~ragac~ais~ Rion=Transfegable A. The franchisee shall not sell, transfer, lease, assign, sublet or dispose of, in whole or in part, either by . forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any of the rights or privileges therein granted, without the prior consent of the town and then only upon such terms and conditions as may be prescribed by the town, which consent 13 D r~ ~ shall not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign or otherwise dispose of the franchise without the consent of the town shall be null and. void. The granting of a security interest in any the franchisee assets, or any mortgage or other hypothecation, • shall not be considered a transfer for the purposes of this section. , B. The requirements of Subsection A. shall apply to any change in control o,f the franchisee. The word 00control°° as used herein is not limited to major stockholders or partnership interests, but includes actual working control in whatever manner exercised. In the event that the franchisee is a corporation, prior authorization of the town shall be required where ownership or control of more than ten percent (l0%) of the voting stock of the franchisee is acquired by a person or group of persons acting in concert, none bf.whom own or control the voting stock of the franchisee as of the effective date of the franchise, singularly or collectively. • C. The franchisee shall notify the town in writing of , any foreclosure or any other judicial sale of all or a substantial part of the franchise property of the franchisee or upon the termination of any lease or interest covering all or a substantial part of said franchise property. Such notification shall be considered by the town as notice that a change in control of ownership of the franchise has taken place and the provisions under this Section governing the 14 .t consent of the town to such change in control of ownership shall apply. D. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the town may inquire into the qualifications of the prospective transferee or controlling party, .and the franchisee shall assist the town in such inquiry., In seeking the town°s consent to any change of ownership or control, the franchisee shall have the responsibility of insuring that the transferee completes an application in form and substance reasonably satisfactory to the town, which application shall include the information required under Section 21.02.120 of this Chapter. An application shall be submitted to the town not less than sixty (60) days prior to the date of transfer. The transferee shall be required to establish that it possesses the qualifications. and financial and technical capability to operate and maintain the system and comply with all franchise requirements for the remainder of the term of the franchise. If the legal, financial, character, and technical qualifications of the applicant are satisfactory, the town shall consent to the transfer of the franchise. The consent of the town to such transfer shall not be unreasonably denied or delayed. E. Any financial institution having a pledge of the franchisee or its assets for the advancement of money for the construction and/ar operation of the franchise shall 15 ~ t have the right to notify the town that it or its designee satisfactory to the town shall take control of and operate the cable television system, in the event of a franchisee default of its financial obligations. Further, said financial institution shall also submit a plan for such operation within thirty (30) days of assuming such control that will insure continued service and compliance with all franchise requirements during the term the financial institution exercises control over the system. The financial institution shall not exercise control over the system for a period exceeding one (1) year unless extended by the town in its discretion and during said period of time it shall have the right to petition the town to transfer the franchise to another franchisee. F. Upon transfer, the franchisee shall reimburse the town for the town°s reasonable processing and review expenses in connection with a transfer of the franchise or of control of the franchise, including without limitations costs of administrative review, financial, legal and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by such experts), notice and publication costs and document preparation expenses. Any such reimbursement shall not be charged against any franchise fee due to the town during the term of the franchise. 16 D 1 ~ 1 Qr b 0 VQ. O ~iD~~S~d~i 1C A ~BbV LLLb~~e~1 A< The town may grant any number of franchises subject to applicable State or Federal law. The town may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and specific local considerations; such as: 1. The capacity of the public rights-of-way ,to • accommodate multiple cables in addition to the cables, conduits and pipes of the utility systems, such as electrical power, telephone, gas and sewerage, 2. The benefits that may accrue to cable subscribers as a result of cable system competition, such as lower rates and improved service. 3. The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents° property, and the disruption arising from • numerous excavations of the rights-of-way. B. Each franchisee awarded a franchise to serve the entire town shall offer service to all residences in the town, in accordance with construction and service schedules mutually agreed upon between the town and the franchisee; and consistent with applicable law. C. Developers of new residential housing with underground utilities shall provide conduit to accommodate cables for at least two (2) cable systems, D>- In the event of multiple franchisees desiring to serve new residential developments in which the electric 17 ~ t power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements. 1. The developer shall be responsible for contacting and surveying .all franchised cable operators to ascertain which operators desire to provide cable television service to that development. The developer may establish .a reasonable deadline to receive cable operator responses. The final development map shall indicate. the cable operators that have agreed to serve the development. 2. If one (1) or two (2) cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared cost basis. If fewer than two (2) operators indicate interest, the developer shall provide conduit to accommodate two (2) sets of cable television cables and dedicate to the town any initially unoccupied conduit. The developer shall be entitled to recover the costs of such initially unoccupied conduit in the event that the town subsequently leases or sells occupancy or use rights to any franchisee. 3. The developer shall provide at least ten (10) working days notice of the date that utility trenches will be open to the cable operators that have agreed to serve the development. When the trenches are open, cable operators shall have two (2) working days to begin the installation of their cables, and five (5) working days after beginning installation to complete installation. 18 ~e ~ o a ~ ~ o 4. The final development map shall not be approved until the developer submits evidence that< (i) It has notified each franchisee that underground utility trenches are to be open as of an estimated date, and that each franchisee will be allowed access to such trenches, including ~crenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and (ii) It has received .a written notification from each franchisee that the franchisee intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the developer and the franchisee, or has received no reply from a franchisee within ten (10) days after its notification to such franchisee, in which J case the franchisee will be deemed to have waived its opportunity to install its facilities during the open trench period. 5. Sharing the joint utilities trench shall be subject to compliance with State regulatory agency and utility standards. If such compliance is not possible, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating operators. With the concurrence of the developer, the affected utilities and the cable operators, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to applicable law. 19 • . d , i ~ t: 6. Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs. 7. In the event that more than one (1) franchise is awarded, the town reserves the right to limit the number of drop cables per residence, or to require that the drop cable(s) be utilized only by the cable operator selected by the resident to provide service. 8. The town reserves the right to grant an encroachment permit to a cable franchisee applicant to install conduit and/or cable in anticipation of the granting of a franchise. Such installations shall be at the applicant°s risk, with no recourse against the town in the event the pending franchise application is not granted. The town may require an applicant to provide a separate trench for its conduit and/or cable, at the applicant°s cost. The construction of such separate trench, if provided, shall be coordinated with, and subject to, to the developer°s overall construction schedule. ago 02 0 ~8ights fltesegve~! $o the TOw~a A. In addition to any rights specifically reserved to the town by this Chapter, the town reserves to itself every right and power which is required to be reserved by a provision of any ordinance or under the franchisee B. The town shall have the right to waive any provision of the franchise, except those required by Federal 20 , a ~ rt t or State regulation, if the town determines (1) that it is in the public interest to do so, and. (2) that the enforcement of such provision will impose an undue hardship on the franchisee or the subscriberso To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representative of the towno Waiver of any provision in one (1) instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other provision of the franchise unless the statement so reciteso Ce If any area of franchise regulation by the town is preempted by Federal or State law or regulation, and such preemption is later eliminated or modified, the town, at its sole option, may assume or reassume regulation to the extent permitted by lawn 21 a~ 6~<~AV1~1f~91i~G AIV® EI~@l9Fi®IVnAENTA~ ~®AAAAISSI®B~ December 13, 1993 AGEiVDA fir®lect ®rientati®n/~a~r~civ 9 ~ 03® a.rlw. Site Visits ~ao3® p.~a. Anderson - 1175 Sandstone Drive Pedotto - 2850 Kinnickinnick Road Larson - 44 !~lillow Road Slifer Design Drivers: Andy and Shelly fPanblic Heario~~ ao®® p.~, 1. A request for variances for setbacks, density and parking in the front setback for the development of a condominium project and an employee housing unit to be located at 441Nillow Place/Lot 9, Bloc{c 6, Vail Village 1st Filing. Applicants: Frederick H. Larson, Dorothy H. Larson, Lawrence K. Larson, Frederick A. Larson and Lance V. Larson Planner: Shelly Mello 2. A request to modify the landscaping plan associated with the previously approved exterior alteration proposal for the Slifer Building, 230 Bridge Street/Part of Lots B and C, Block 5, Vail Village 1st Filing. Applicant: Rod and Beth Slifer Planner: Kristan Pritz 3. An appeal of a staff interpretation regarding a deed restriction limiting the use of a crawl space at the Todger Anderson residence, located at 1175 Sandstone Road/Lot 1, Block 1, Lionsridge 4th Filing. Applicant: Todger Anderson Planner: Andy Knudtsen 4. A request for a.t~®rksessi®n to rezone a tract from Primary/Secondary Residential to Lo~ni Density Multi-Family, located at 2850 Kinnickinnick Road/more specifically described as follows: A parcel of land in the Southwest quarter of Section 14, Townsh~ 5 South, Range 81 Wes4 of the 6th Prindpal Meridian, more particularly descrbed as follows: 1 ti .y Beginning at a point whence a brass pP set tw a witness comer for the West Quarter-of said Section 14, bears (North 29 degrees 28 minutes 51 seconds West, 1073.08 feet Deed) (North 43 Degrees 15 minutes 02 seconds West, 915.96 feet Measured); Thence North 74 degrees OS minutes 19 seconds East, 10.76 feet; Thence 183.62 feet abng the arc of a arve to the right which are subtends a chord bearing North 88 degrees 12 minutes 30 seconds East, 181.76 feet; Thence South 77 degrees 40 minutes 21 seconds East, 62.77 feet; Thence 147.43 feel along the arc of a curve to the left which arc subtends a chord bearing North 86 degrees 36 minutes 17 seconds Eas[, 145.60-feet: Thence North 70 degrees 52 minutes 55 seconds East. 406.55 feet; Thence 54.10 tee[ abng the arc M a curve to the right which arc subtends a chord bearing South 47 depress 20 minutes 37 seconds East 44.20 feet; Thence South 14 degrees 25 minutes 50 seconds West, 110.51 feet; Thence South 68 degrees 18 minutes 91 seconds West, 320.00 feet; Thence North 19 degrees 07 minutes 05 seconds West, 50.00 feet: Thence South 77 degrees 48 minutes 41 seconds West, 160.18 feet; Thence Sou[h 10 degrees 53 minutes 33 seconds West, 36.48 feet; Thence Nonh 87 degrees 40 minutes 06 seconds West, 337.72 feet; Thence (North t t depress 52 minutes 13 seconds East, 130.00 feet Deed) North 11 degrees 55 mlrnrtes 31 seconds East. 129.75 feet Measured) to the POINT OF BEGINNING. Bearing from G.L.O. record for South half of Section dne between Sections 14-15. (G.L.O. record South 01 degrees 30.2 minutes East) (South Ot degrees 38 minutes 32 seconds East Measured) Applicant: Juanita I. Pedotto Planner: Andy Knudtsen 5. A request for site coverage, density and landscaping variances to allow the .construction of a new garage and the conversion of an existing garage to an employee housing unit located at 1045 Homestake Circle/Lot 3, Block 1, Vail Village 8th Filing. Applicant: Rod and Beth Slifer Planner: Mike Mollica TABLED INDEFINITELY 6. A request to relocate the helipad to the east end of the Ford Park parking lot located at 580 S. 'Frontage Road East/an unplatted.parcel located between Vail Village 7th Filing and Vail-Village 8th Filing and a portion of the I-70 right-of-way. Applicant: Vail Valley Medical Center Planner: Andy Knudtsen TABLED TO JANUARY 10, 1994 7. Discussion of atrium dining deck for fourteen seats for Palmos Restaurant. Applicant: Deidre Menzel 8. Approve minutes from November 22, 1993 PEC Meeting. 9. Council Update: •Payne subdivision/rezoning •Cemetery Master Plan 2 P d a 10. A discussion of the I'EC representative for DRB meetings for 1994. In 1993, the responsibility was divided up as follows: Jan. -March 1993 Kathy Langenwalter Diana Donovan (alternate) ~4pril -June 1993 Dalton lAlilliams Diana Donovan (alternate) July -Sept. 1993 Jeff Bowen Diana Donovan (alternate) Oct. -Dec. 1993 Greg Amsden Diana Donovan (alternate) Chuck Crist will serve as second alternate for Diana Donovan. 3 ~S is • r c~. q3 l,cd..~u. ~ ~ n o-. . 08°~ ~~~i~~r~ental ds~ ~V~t ene~°ati®n aC~~~~aOM~ID D~J~f~OG°~[M~7Q`~OO~I ~~~ternber° ~ ~s~ ~~imunit~ ®ewel®p~nen8 Departrne~ ~~~?s~ war®n®~ 9 d®gasla~~® ~~p~®®~h®~ ~ . (~egu9ati®~~ ~ ®~i~ as~® [~atu~~B des®~~~®~ ®~an®~ra~hic ~®~i®9®gic~~ ~~®~~s ®t9~~~ 9 ~J ~fhis docurnen~ wras pr@p~re~.ff®r the 5~own oit Vai9 sander the.gtaidance og the Cyommunity ®@b@lopment ~epartme~a8°@ ~nbironm@ntaB P®licy Ps~nner° Russel forest. Pr@par@d through the 4echnicaY Assis4~nce Program ®f the Northwest ~oiorado council o~ ~Ob@Pnm@nt°s Community f~eb@lopm@nt ~epartrn@nt° ~d del ®uca - ®irectore. ~~~QO~~c~~uo~ o Then ~ainBcing ~~out re c®nditions Arad c®nsidering ®ptionsB a ~~oa~ sense ®f..4h~ directions grad iraterasifies ®f events® attitudes, - ~rocesses anti t~aeiP interactions provides a good launching point for . our thoughtso - phis d®curnent os ~ san7plirag ®f identified trends and selected ~aci<gr®un~ ink®~aation ®r~ t®pi~s that are ®r ~aay soon affect Vail and 4he sure®~nderag areaso .lt is provided for your perusal in ' ~rep~r~tion fort ~les~°s ~~>/i~onme~atal ®dysse~o The /Next ~eneretio~o - info i~ infs.. ~ d t® stun y®ur tiirt~9 ~ in any ~o - - . pc~[~O~c~~° ~~JPQf~1C~~~ o - Over the past twenty years general awareness about environmental issues has increased:. During that:. time, some opielions about the environment have - changed and some have not. People in different Locations have different enviror~rnental priorities,.even within-Eagle County. Results of several national and local polls documented changes and differences of opinion: From National Opinion Polls: - ~ ~ - ?What problem is the greatest threat to the environment? 1975 1981 1990 1 Air pollution 21 % 24% 23% ~ Water pollution 17 18 20 Disposal. of hazardous wastes 3 7 12 Disposal of nuclear wastes . 3 7 Destruction of the ozone layer 5 - Disposal of gash in general 8 12 l7estruction of our'natural areas 3 7 11 - .Chemical pollution 17 5 2 Man/People/Mankind 1 1 1 • Oil industry/Oil spills 1 4 2 Other 4 4 Don't know/No opinion 12 31 5 (People want to escape these problems when go on vacation.) - ? At the present time, do you think environmental protection laws and . regulations have gone too far, not far enough, or have struck about the - right balance? 1975, 1978 ) 991 19A4 1965 9 9A7 1990 .Gone too far 20% ~ 10% 23% 3% 496 6% 12% Not far enough 31 53 42 88 71 56 64 About riflht balance 37 31 23 28 22 35 t 9 - Don't know 12 6 12 1 3 3 5 In a recent Times,Mirror magazine poll,72% of skiers feh protection has not gone far enough ' . 80% of. skiers placed:environmental.: protection over economic security. - Skiers were more wilting to pay a fee for use of public land. ? Do you think we're spending too much, too little, or about the right amount Improving and' protecting the environment? . .1975 1978 1991 1997 1990 Too Much "13% 13% 10% 4% 3% Too Little '48 47 48 59 71 • About Right 30 34 36 34 24 Don't know 9 6 7 3 2 (In addition to a trend toward more environmental protection, .more people have an opinion about this issue.) - t ~~i~i®~s ~~gl~ ~®~~4~o Q as~~ ~~t~ ~oeen~ nano ~eo~ey ~ • . ~aorataes of lam that should ~e preserved for openspace - ...r..:.::z :r:::r.::.:::-:::e:::r.:: ~ is •i::ir::aiiri:iri: _ x:: Y:.... t::. ::.Y.::l.::::...Y::.~..l. .::1:::T.:' . .::f:: S:: t:::..::..::t :e:::r.::r.::a::a:.:r..: ..:r.::ri:~::=:::T:: . 4® .x••R::!n:. r...x::.. ::?iE:r::Ki `".ii~2ii .Kii~EEil:::r....,...:~:. .:r.::Y.::r :»:::r.:: ::x:::rr .R:::r.: a....................:..r:::....... y . ...a:: Y:::: r.::x::.:..r.::x.:x:: Y:::r :r.::x::x:: r.::x::..::+::: r.::x »:::r.::x::a:::.:::r.:: ::v::a::.. Y:::r.: ~ :ii„::~:::':: ' i:~iiiiiccii i ~iiriinii' i :ii''[iitiiii iiii iiiiiiii i?~Eii:iSii: iiii::KicB ~ L~® . q ® w .w::a:: ~:::w::r::~ : ~v:::R:at: a::a:::a r::a:: ~ ii i - ~ @~1911d114® ~l®®d Plaln Unique Ac~ve Pecks ®/Isually d?grlcul4ural Y.and Between land Withln I~e~lt~t _ _ F®p~g I~romtn®nt ~opertlas communfda, t~ubdlvlalona - - ~ ®High Priority ?~o+a prbrity ~ Fies. iNean ®~bserttee ®C;ov. ofRcials ~°dae most s°tron~ly supported plann~a~ objectives w~: 88% re®ulations that guide growth 3696 regulations are °too Strict° Pr®servation of ®penspac® 39 ~ °about right° ? (tixpanson of public transportation ~5 . ~+ffordable liousin~ d~esults potentially a,~`ect~i~ ~ravar®rarrcerctal character of the coroaPy ~clurle~° . residents see bounty cter Where should growth rp rase Il~esort/Ftecr®ation 42% thought growth should occur °In and Suburbaniaing around ®xistinp communities° while 43% rural/Ranching 9 6 thougP?14 should b® °scatterad around th® .Small coven 9 ~ ~ bounty. ~ornrneraal. strip ®evelopenent ~ l~dg® top development along County roads did not emerge as ~ ~®96 the respondents were concerned. a major concern. 5~'% veould prohibit tit and 696 would ~(~~ve tit blend with landscape ~Taat's the most p®rtant ~rsue ~'a~le l~otiv residents tivould ®urat~'s ~rcaster plan should a~ress~ ~ ° ute ~o~at,~ tabulated a'esponses to this open-ended Question _ tindicated some consensus that following were the welop Trays most important tissues. 9596 Fubl'ro Transportation _ Purchase Operapac® . tl° 4rranspo °on° 9~'' ' 97% ~nvironment° Qopenspace, wildlife preservation, access to public OandsD _ Other E°lousing° B affordable end single family homes ~ for full time residents D ~ . wea~~wding. Qneed for growth control and - . deed for public services). ~ lierxeation Faalities ~tlordable hf~ng 94% 94~ - How Strongly do you feel about the County's adoption of land use regulations addressing the following issues? Strong • a ort Su :::1 .................../...................1...................r.::::::::::::::::::i:::::::::::::::::::1:::::::::::::::::::1:::::::::::::::::::l:::::::::::::::::::x::::::::: ~:::::::1::::::::::::::::::7:::::::::: PP .................:::::....................:.::-:::::::::::::::~:~t::::::::t: ~:f:::::::::.::::::...:::::..........................................................__...............................:.::.::::.:- . tl Inoor orated Va P :::::T 4.6 - . ~ • • Vall Uninoorporat~d ..............~::::::::::::::::.::::::::::::::::::.x:::::.............~....................::::::::::::::::::l:::::::::::::::.... r....__...;::::::x::::::::::::::::::x:::::::::I ~::::::::::::::::::::::::::::::::::::::::::::::::::::~:::::::::::::::::..:s:a::::::::¢::::~~:::::::::::::::::::=::::::t::: urn ::::::::::::::::::•:•:::::::::::::::::::::::~:::::::::::::::.:.::::::::::::::::tda:€::::::::::: ::::::i :::::::::::::::::::1:::::::::::::::::::1::::::::::::::::;::l:::::::::::::::::::~::::::::::::::::!~!:::::::::::::::::1:;::::::t::::::::::>:::::::::::::::::::s::::::::::::::::::+::::::::::::::::::a:::::::::t Rad Cllff ...:........:......I...................1...................\..................:•::::::::::::::::: ......t :::::::::::::::::::s:::::::::::::::::::r:::::::::::::::::::r.:::::::::::::::::•....................x:::::::::::::::::::1:::::::::::::::::::.::::::::::::....:...:..............::.- .........................................................................................::::::::::::::::::~:::::::::::::::::::;:::::::::::::::::::•:::::::::::::::::::~:::::;:~::_:::,::,,:..•:s:::::~:::::~::::,.... m Aron 3 ~ ~ • • Morrn..a ~ F..~I.-v n ; : - ......x ..................:1:::::::::::::::::::r:::::::::::::::::r.::::::::::::::::::x::::::::::::::~::a:::::::::~::::::::r::::::::::::::::::r.::::::::::::::::::x::::::::::a:::::~.:::::::::::::::?~::i:::: EdM~Id0 w01t:O11 •Weak 2 _ a SUPPOr[ ProhibN /roN111.4 Atr;eat b ttbd FM leNl Nw Aeeat b PnNbM BuNd an letbeek E..., k Llmlt r elrla 1 EaON • In WIIdINe Reed Mdne Ioblie ~ p~ lenlapeiel pMrn tidp.tap A I from M70 IeeeMMe • Bulldlnp ~ / ~P~T MAbilah i IYolende Undo • E ~ rd Lob Rid br AprieWl P~rmitt Opinions of Veil Residents:Rowrl of Vail Survey June 1993) ~ ~ ` Rate the Importance of the following issues. - 90°.6 . 7O~ ~:.®Important •{h~ Not Important 4 ° - 609'0 50% 40% 30% 20% - - O % ~ , c . _ V h h ..C ~ C... C;;:q F i `:Y C i~i= 'i%1y ::~:$ii ~ r; O i Z~p `o ~ 'A o . m Lq.- '~.'m ~ ° _Z- o cc~~ m e g ~ ~ ~o is A Z v q ` 7.~ N c 'O 'C'C t~ y~ ~ V Q102 0 7'~ 7~~ rte. .Q ° E W ~ C ~ 1 • G c a.cs mU gm c~ m C,.o.. 'S u.Q ~I ~ F iu oV~ o m ~ a~ ; c~ 44 n _ E E ~ t°E c~ ~e~p ~qON xa ! ~ ° "~°n N QN I ~6 a n W ~ E ~0 ~ ~ ~ ~ ~ Top Priorities on which Vail should focus. _ _ . _ _ _ ~ ®Rrst Priority ~ Second Priority ~ sx ~ '4% ? 3s~f i v: ;i .l/ x 4 >._:v i<;. ~ ~ 't••: non ~~ti'~i: :ti \.u: i~ . oc'"~ o c,~' o° E~° o~~ ~,o DoE ,c oA me °~o.~~. ~c ~a~.. o'~ed p« O~ o~ao obi ~'E~ am :x r ~~j o~ o ~ ~Q m ~ c v~° try g~3 ~ ~ mV o m c ~ Q o E r $ ~ ~ V y o ~ g o ~ ~ '~o ~ ~ a ~ ~ QN ~oC ~c a rn ~ ~ ~ g p0 i? • N ~ ~ ~ ~ . • W _ 4.` o~ ~c~~~~0~~od~ ~~~r~o~r~~c~~ o " Ivew IePA Guiding Principles ~1 ° ~~event~®~ ~s° ~~~®r~ern®nt Federal tegislativ®. approaches are moving away from °Ihe strategy ®f the cork° in which they att®mpted to plug teaks of pollution into air, water and band emerging from production processes. They attempted to oontrof pollution by containment and or treatment of polluting substances. ®ften the„by=products created by this approach ~irinply became a dospossl problem for some other ni~dium° EPA administrator, Carol Srovvner, plans to focus greater" ®ffort and funding. on po1l~Gign prevention° This - . approach. aims at reducing ®r eliminating the creation of polluting substances in the first place. greater .emphasis will be placid on oe9u/story ®ncenPives for reducing or eliminating the creatian pollution, through use of" navy production methods, using different non-polluting materials; rgiinimi~ing ~e+aste; recycling and life-cycle product design. Anticipate.. stronger support for the 9 S9@ Pollution Pr®vention Act that set pollution c®ntrol priorities .as: first -prevent ®r reduce the creation of,pollution; Second -recycle ~~vastes that can~'~ be prevented or- teduced; Third treat what can°t b® recycled; and G''orth • dispose as a last alternative. Several states have adopted these prioritiese " ~l'atershed P®te , appr®acf~ ~ focuses ®n the watershed as a whole in addition 8o specific points; of pollution within it. This approach facilitates tailored, cost-effective solutions to all stresses pn the watershed including non-point sources of pollution, " habitat d'egradatioe~, wetlands foss, and ghreats to ground water. .Anticipate stronger geographically based approaches to protecting aquatic resources and more empowerment of local stakeholders. " 3° ~r®ss-filledia $®~~t~®nsa The structure of legislation and enforcement has been targeted by typ® of ,medium Glean Air Act; ~Clean.UVater Act, endangered Species Act, division of :l/Vildlife,. Forest Service, etc.p< Or~creased awareness that environmental . problems often invol~r® two: or more media faP, ~ratsr,.soil, hazardous waste, etc.D and can not be .effectively managed by segregated' media approaches, fias lead toward ®nore /aoGstic manage~reeritsppr®ech~s° °I'his'can be seen in ®epartsnent of ~?griculture tsorest Service °Ecosystem .hlanagementp policy, on'the Soil Conservation. Service's `°Totat Resource `I\nanagement~ policy and ire the Army: Cops of Engineers~revised 404 permit approach _ placing greater emphasis on total i~atershed management. Anticipat®a combining. of regulatory authority end. resources, multi-agency solutions to address problems using regional entearate~cgsystem manaaernent ape~roaGhes, longer term snore comprehensive environmental &avvs rriey ~eptace the media focused la~nrs. market ~®luta®ns ~egulat~®~ o The CBinton administration has indicated a desire 'to u~nake greater use of economic. irace~tives and' "rnaiket forces to achieve compliance " . amore efficiently than could b® accomplished with additional controls. Use of °Feebatea , systems are discussed snore frequently gcharging s surcharge to polluters and using _ those funds as a~ financial incentive for non-polluters). 4 5. Increased cesponsibilrty for Implementation by state and local. ' _ govemrnen~: New regionally based management concepts lake "watershed management planning" together with. and. an acknowledgment that broad federal ~ standards can best. be applied at the local Isvel-will accelerate state and local implementation. A.welcome difference anticipated is that more funding will be ' provided for the expanded roles of state and regional management. And none tao soon: ~ ~ " Federal environmental legislation has increased at an exponential pace: . _ ~ 100 5 Federal Environmental Legislation ' d ~ ~ ~ ~ ~ 1 . O C _ W 0 20 -a. o - _ Z 1 680 1 890 1 900 1 91 0 1 920'199®1 940 1 950 1 9801 970 1 980 1 990 i 5 ~'he Western ~overr~ors ociation recently identified °besic pr/nc/p/es® to level the playing. field on eaivironrnental issues and to prove environmental and economic progress need not be mutually c~zclusiv®. ~t?ese principles ar®e _ . 9. establish environmental priorities using Risk 61Aanagement._ Create. price / host incentives to. Qevvard non-polluting measures. encourage voluntary ihitiatives prori'eoting positive corporate actions vs. punishing for non-compliant®. f~esolve disputes through inter ~urisdittionaB Cooperation instead ®f litigation Risk llAanageriaer~4 -.Npw receiving greater attention, a whisk management° approached i . - applied to pollution Conte®I prioritizes problems based on.the degree of risk they present to the environanent or'haianan health. ~fforgs are focused on problems posing greatest risk. ; 1 fiver stricter regulati® Intrinsic In existing legislati®n, a lJnder the Clean Water and Clean , Air Acts, the ~1'A:devalops natioha{ uniform guidelines and standards. These reflect application of the; best availeble technology that is eeonorr?cally echievable under the best . - eranageenent~pitactices. ~egulati~s. hav® been tightened and expanoed to reflect new and better technology end ~eocesses.; for euarriple early guidelines addressed ~ ~9 toxic `pollutants, unor®:recent guidelines;cover over 400. The EP~? is now developing criteria - guidance for standards that addr®ss physical and biological parameters representing a ~ change frog ,peevious approaches which.addees'sed quantities andlor intensities of pollutants (eg. darts%rnillion. 'his trend is "built-in°° to the eegulations and wil! continue. A data base of era~rir®~mental,lndicators (like economic indicators of today) for various regional arid national:;environenental trends is being developed. These indicators will . _ become rYioPe widely used ivi regional eridironmental management and will be reported regularly. hack of this data base Figs ~eai~ a limitation ~o the development and application of ~nevv aanagement techniques. Regional Coopera~on and Multi~9urisdictAOnal Solutions ~ PAore local governments are using regional solutions.to address endironment, sanitatioe~, landfill, schools, housing, police, fire, transportation~an~,®tter issues that~extend;beyond their~ieidividual jurisdictions. Some _ ,regional approaches ,have been discussed by, the !/ail 'own Council, eagle Valley Community forum ano' enePtitioned at the Vail Speak Up BUleetings. - adoption ®f endmant 9 has made it ev~ore Jiff. icplt for communities to take on environmental .issues Biy: ia~creased difficut4y of funding, new programs. This has generated . greater interest in tormation of °enterprises", which are not funded by tax dollars, to - _~rovide services typically provided by.0oca1 governmeeit. ~°Enterprises° often have greater .flexibility than Bocal governments to extend beyond jurisdictional boundaries and usualBy are snore economically `feasible at regional me sub-regional stales. ~ , l_ ~ric~atiaatio~u and regl®nali~ation - 9Jse of private environmental management services is grot~ing as a viable means of tutting cost and obtaining needed expertise and resources to address complex environmentaB andinter-related issues. lncrease~ ~nvar®nrnental enforcement is accompanying stricter environmental regulations. focally an ®n~rirAnmental lave enforcement task forte has been formed. . 99g~ Average judicia0 penalty ~ ~g 43,8®® S49 4,5®® • coverage Administrative penalty e 9 ~',®8® ~ X2,895 e . MI~~c~rt ac~~06~j o . ~ . The Clean Water Act Reauthorization is scheduled to go before the full congress mid-1994. tt is anticipated that the act will be .refined rather than expanded. Greater emphasis will be ; placed on management of non-point sources, of. pollution and the watershed planning approach. Current state non-point. source cont~of plains will need to be revised to address additional activities that cause water pollution. Site specific management plans could be - ~ required for agricultural sources in impaireda~eas_. ~icpect stronger effluent guidelines, new performance standards and tougher pretreatment standards. Another proposal is to classify v+raters on Federal lands as "Outstanding INatets" which would mean r controls on yvater deq~aticn cin `And u~trPam from fedPrai iand~. ' Funding may be expanded for: water treatment programs; loans for non-point source and storm water control and clean lakes programs. _ ! ~ The proposed amendments reflect-the progress made on_control of point sources and ~ increased awarenessthat water yuelity: degradation is caused riot only by pollutants pouring out of pipes, `but also from nutrients, soil ~and,.cliemicals that. run off our streets, farms,~fields, lawns and parking-lots. _The amendments,arai.anticipated to recognized that •diverse.ecoloaical.~asources must ~ protected by means of~geographically targeted solutions to locally identified problems. Wetlands -The EPA has integrated wetlands into. water watershed management plans and .have included wetland` water quality"sfandards..Colorado has adopted broader and clearer definitions of.wetlarids:and.has enacted greater'protecton measures regarding quality of - ~ discharge water into wetland areas. Th%s~will enF~anc"e application of Advanced "Identification of Wetlands allowing the EPA to determine which wetlands are of high value • • before a 4fl4 permit is requested. - ? 19 States have adopted conservation programs for protection or restoration of wetlands. _ Storm water runoff non-point source permits: There is. growing support to increase funding • .for developing. area wide water quality planning and"to~ develop, land management practices that reduce: non-point source pollution: The EPA.will be developing storm water discharge standards for .communities smaller than. 10O,OOa by October 1993. Currently these communities a're not required to have discharge permits. ? ° ~ ~ a~ ~ e~+b of °a $F +~A se d ~e ~ a o • r e ~ Q ~ 1' e p - s ~a ~ 4~P ~ ° it t ~a~ , r a° . +Q + owe. ~s°~° ° ~`O ~O P ~~°sea ' ~?tA UrbaniTation . u - ° irurrara the • j ~ po!lutana m: the •waYa i= 1'" ? ? r ground when ~ p ®tt O , Off, r • ~ ~ainttnrnu can u~ath _ A~ ' ~ , ~ , , ' ~ 04/ than Into SIYCQrl1S Q7ul g7'n![71dwQtll Qlill ' Hdapicd from (liban 56.fnrr Warr. Maeaanntat 7 . • boulder and San itil°iguel bounties have adopt®~ local wetlands regulations. Breckenridge has Snitiated a project to reduce phosphorous in fake Dillon. Storm water run off os carrying, phosphorous onto fake ®illon. Approximately half the phosphorous is from natural sources in the soiV. 5~he other half is fr®PTD septid tanks idetergentsD, urban dPalnage, caP eXhaust, etc. ~ag9e ~Aine ~leanupo `the SPA has recently issued a Record of ®ecision which mandates specific remediation .actions at the Alline sit®. "here is -some discussion as to how the EPA will implerrient,it`s decision. the State and Paramount signed a Consent ®ecree in ~ 9gg . that also mandated specific Pemediation. _ . eagle River ~orridore, eagle bounty anticipates doing a special plan for the eagle River ®rridor a_ nd has applied for fiunding. `They hope to receive technical assistance from the Nationsl Parks, $~rviCe. f~erhaps-this p1aP~ will g® beyond Band use and recreation and include a grater shed Pvranagernent appr®ach~ VaiO non-point s®urce study ~ In anticipation, of future requirements for storm water discharge.permits;`the l°®wrn of Vsil,.with.~ssistanc® from the.NWCC®G, is conducting a study of non=going sourees..in !l~iF.. This study includes detailed analysis ®f surface water . quality upsteeam:~nd down stream.fr`orra Vail'and identification of pollution sources. although the study ~is not coeriplet®, ~preGrninary findings indicate: 4... 6~o Barge amounts of toxic st®rm water pollutants e~rere found although water run off 'quality, froi~n parking areas, the gulf: cqurse; residential and commercial areas is being ,enonit~ored for contaminants like pesticides, "ammonia and zinc; ~oricen4ratioris of ~®I~ (five'day SiochemicaB`~xygen ®emand) and `~®S Q'Total (dissolved Solids) were high; concentrations of zinc, RAanganese, lyopper cadmium and Fecal Coliform gave decreased; Nitrogen.and Phosphorous levels were above ambient water quality; g. Suspended. and ®issblved Solids, halts, phosphorous, ~?mmonia, Nitrates and hlitrites wePe grgater downstream, from Vail than up stream; 6. concentrations of Salt, Phosphorous, e4rnmonia and Nitrate have increased over time. ' Wa4ee ~Jse, ~tream.l=l®ws end Water aG_ty = Q:Jrbanization increases the quantity of 'pollutants on end in thy: ground where rainstorms and snow melt wash them into streams .,and ground water aquifers. At the canna tine urbariiation uses water reducing the amount of stream water availabl® to dilute pollutants. A recent study by the upper eagle ®/alley consolidated Sanitation ®istrict indicated that at tires of iow flow in"glee (;rile and.. Gor® fiver drainage; eivater utilization may have threatened rgiinimum~on-s4rear 8o~r floi~+ requirements. As growrth occurs, use of currently adjudicated but.unuse~ crater rights, could make this problem more acute. When river flogs. are reduced pollutants fr®an run ®ff become less diluted and have greater negative impacts on e~rater quality. . the eagle diver Assembiy is a forum with membership from the Front Range and West _ Slope is seeking t® dedel®~ aonstructiva aoluti®ns for water use in the eagle River Basin. a L' The Federal Clean Air Act is the primary regulation protecting sir quality. Colorado ~ - 'exercised en option to adopt its own regulations which contain quicker deadlines for compliance for some emissions. Strictest regulations apply to none attainment areas (areas which exceed federal standards). The: state does not have the resources to mount sn aggressive air quality campaign. Enforcement is currently a challenge to the state. California has consistently lead the. nation. with new regulations on emissions, most - recently requiring a percentage of cars sold by manufactures to have ~ emissions. " Vail's major contributing sources to ~isibls ®ir pollution ~ are fireplaces, R-oad Sanding, Vehicle Exhaust and Grills. - - _ Bantllnp The current standard of measurement used by the EPA ~ - fog particulates-"PM10" was developed to protect human ' health.. It is not a~visibilit~jan~ rte. Several mountain ~ i _ , communities have found that visual acceptability is . often exceeded while PM10 standards are not violated. a Vail and. many other communities including the six county Flr.pao.s . Denver Metro i4~ea, Have banned Vaditional open bum s"`' ' fireplaces: in„new construction..Nawly constructed fireplaces must be gas or meet EPA Phase II standards.. Some communities ~require~ new freplaces must meet emission - _~tandards such as 1 gram oc parficulate emissions per hour.. Other Colorado communities _ have made. conversion, from wood burning to gas or EPA phase II fireplaces mandatory -upon change of ownership-or within a specified time. t ~ } CiOflYKtIORt 1990 - 64 In .the past three years Vail's voluntary. system of converting lodges - . - 1991 - 84 ' ~ residences .from .wood fireplaces to. Gas has resulted in conversion • 1992 - 96 244 of the ..5500' wood burning fireplaces. -New incentives are being ,offered by_a combination of retailers,` banks, utilities~and the Town for conversion to natural gas. . s. Vail's Air Quality:, In 1987 the EPA changed its standards -from "Total Suspended Solids (TSPj", to Parts:per million :of particles`10 microns Qr.smaller'PM10". This change was . - based on findings that these. small particles-are more.harmful.to health. Vail and several ;other mountain communities often exceeded the TSP standard. Since the PM10 standard _ was adopted Vail has been consistently under the established standards. TSP Ph110 } . aso ~ Sao t~a•~r.,..b.. - ........o ~ lao , ' .E ~ 7SP Prin.r~l1 Br. E t?D ~ 4 Faso .o. ............v ~ ~ , . - ~o ~ a o ~oeo toai 1982 t~+e3 ~oea toee tvea 1987 ~ lse9 19e4 19SO tv4t 1442 ~.,~x,das O wtre?~. ~ p. nm,dw~v O vu~~, ®~a~,o 1~ ~esoaarce (Conservatioru I~ec®earp Acts IR~i~?11Aost counties have recently completed solid waste management Mans t® comply with Sub~Tstle ®f th® RCRA. This act sets stricter standards f®~ c®i~struction, operation and closur® ®f solid Waste land ~Ils. ~andfilts handling. rngr®' Ihan ~ ®®,®®®tons per day must cort~pl~ b~+ ®ctober 9 993. landfills With 'smaller .volume reoeiv~d ffi six-rat®nth ®xt~nsione ~ ItAany smaller landfills Will be clos@d because~the added .cost comply with this ae-gutatio~_ raeakes their operation unfeasibl®° Many c®menuniti®s acQ®ss the nation,..including.severaB west slope communities, WiU haul Waste to Barger wore ®co~omicaB landfills in neighboring counties° 4op T®n Waste Geneaators ®n West dope _ ~6 Recycled on the West Slope Mail Gunnison ~nty. ~%°O , Seaver amr~ls Summit ~ Cteystone _ Mass Cnty ~ ~Idernest Eagle Cnty ~ hopper Mountain Montrose Cnty ~ fort ~ee~is College @.a Plata Cnty ~ ®uran®o 9-Pt Sch. [~i~t. Grand Cnty ~ . Mesa !/alley Seh. ®ist. Monteauma Cnty 9 St. I~Aary's adospi4al °O % by Weight . City Rwarke4 . Conateuction Wast® ~eakes up a Although ski area resorts head the list of ` barge,part ®f Eagle County°s v~raste en+aste ;generators, it is difficult to determine whether the per capita generation is higher _ . ,,.x , .,::s„~. 'or comparable to otheP west slope generators j:~ due to Pack of accurate data. The benefit of 'pi; ~-'r ,lea 5~6 iils~il )I~ IB identifying large generators lies in the . ey,:.~: ~ ~ r ~oppoetunities they represent in waste reduction. •~<<Y~,~~"3~~ , Recycling: ~reater,sae~cfil8 operation end construction costs have increased the incentive for many communities to reconsider the economics: off recycling, minimiae the creation rn+aste and. use communsty. composting. ~o~posting and minimizing waste currently offer the ~~est prospects: Recycling cost:ezceed landfillmg cost in most instances. 6n Eagle bounty landfilling`cost. S ~ /ton, rec~tcling cost ~56lton. S9 states..~aave adopted reduce and recycle ,goals mandating, recycling 25% to 5Q% of their . e~aste stream:py the year ~®OA. illlost=~ecvclind is subsidized~bv Yh$ comm~mities doinca j¢~P recvcfinw. Some state governments Piave recognized:the need to generate markets for recycled materials and ~iad® mandated °rninimum recycled contentp regulations on some products. ~zpect to see more funding, available as incentid®s for innovative concepts Which develop . products from ~acycleo materials or Which .substantially minimise Wast@.. C~orrapostinga ~he.~W~~®G has recently c~on>pleted a study Which indicated that there is a substantial rnarkct.for ~Cornpost.®n the West slope and~that efficient sewage sludge composting operations could competitively serve this market. 90 Hazardous Waste Several states have adopted regulations requiring that a hazardous waste management plan - be included in city and county comprehensive plans. So #ar, plans have focused on ' ' r, pollution control rather than actual reduction. In most states, reduction of hazardous . ~ waste depends on the voluntary efforts of industries.. ' The federal Government has banned the use of several materials found to be destructive to the environment such as.fluorocarbons.use as aerosol propellants. Use will be phased out of refrigeration units by 1995. Small Industry Sources: Dry cleaners, photo shops and other small businesses-.ere now'required to comply with new:stricfer air emission and disposal laws. Those .tivho. have invested In new equipment have experienced notable savings in their operation. Many local'land fills have begun eliminating to~dc or hazardous , 'wastes from their waste stream. I NAZARGOUS WASTE GENERATION AMONG NATIONS ~ ~ Household Hazardous Waste (HHW): ,..Amount :.Per Capita GNP O'er i Communities throughout the country are ~•,ona : (te)a f~) Capita (S)~~ ' . ~ . hosting roundups for residents to dispose High lndustrioli..,.~:,.., and GNR - ' of their hazardous""household wastes. ~ - - ~ . These roundups keep HHW out of. the local S"^t~nd (t98~ = 300,000... .-o.os (IaN?) . 2i,ooo United Slates (1985) _583,000,000 2.3 (high) 17,000 land fill; and reduce.,liability, but are costly, - - ; . _ even small communities have typically Japan (1983) 1,540,000 o.ot (law) t6,ooo spent over S 1'00,000 for a HHW roundup. west Germarry (1988) - _7,1.50,000: 0.1 ts,000. Costs'are primarily to ship collected waste Gonads (t9s3? 3,500,000 0.2 1a,ooo to proper disposal facilities. France..`;`,..: ` ;t.9soo,ooo 0.4 t3,ooo The U.S.A. leads the world in Austric.(t984j ~ 2,700;000,": o.a 12,500 Waste Generation Denmark (i9e5) ~'tsa,ooo' 0.03 (lowj 1 t,00o - itay.(i9saj s,oooooo , . `::0.09- . 10,500 Grease - l 00's ~ sp/yr Netherlands (1987) -.580,000 0.04 (tow) 9,000 . - Sweden = - ~:::ri@' United Kingdom (1488) 5,500,000 ~ O..T ~ 8,000 ' France :::~:::::::::~::::::a:.::::::::: Belgium (1988) 1,650,000 0.2 8,000 ~ ~ x x::::::::: = ~~x's~~~~~ Hun9ary.(1986) 2,WO,000 . ~ 0.2 7.~ England - . . a ~ .Average , Japan = g , ....~:::::::::x:::::::::~::::::::: _ . _ . ~ _ ~ Average v~nthout Switzerland - ~ x:::::::::~::::::::: - - _ - ii~~ ~ ...high/kyw_ 0.2 ::::::::::i::::::::: f. , - . - Waste Generation has increased Netherlands `oyer:the past 30 years. per-Capita Can ado = ~ waste generation has increased United States ' m_, from 2.6 to 4.6 Ibs/person/day 0 2 4 6 8 10 12 14 16 200 - Millions of Tons Canada requires use of deposits and retunables as a means of waste reduction. _ ~~4-?;:_ ..i---~(z-. • - - _im~---1- i ~ 1 Germany requires the manufacturer to take ~ res onsibilit for the dis osal of all acka in ~ -~j - Y. P P 9 9 too =T -ice end in some instances.for the eventual disposal _ of-the. product as well. Some US businesses have - - _ ~ - - - voluntaril ado ted similar olicies. - ~ ~ _ ~ ' 4r :i -:F?i" v: _ ~ - _ -_.c ~C ~c_ . ~ -v._ /1 ~ ~aeo. ~eeo- +s~o- Este- ~eeo• ves. Soso-. (~~~~r~~D G°3c~~oa~~~~~ ® ~ . - 9~s® of pul7lic Lando 4~se of public lands.is rapidly ev®hring fronn passively ®njoying the natural surroundings to more diverse active participationo Increased numbers of hunters, four-wheelers, A~/s, Allountain and ~tou~inp bicyclists, m®untain climbers, rafters, etc• ar® evident throughout the west. This trend aas tied major impacts on the character of some western communities leg. Rlloab Ptah) arod could lee significant irr?pacts ®n /ail and. the surrounding areas. In a yVhita Diver lilational Forest although 9989 1991 PI4 Cf~nge the total number ®f ®®~vr~hill Skiers has increased - _x.46 q6" 12896 978 draenatically,_ it `has actually gone down X96 as a carte t®taI f®rest wee g 2~ 8~ 61.8 UVa~ 6.~9 9.03 45 (~~Wi~ ~11~ ~~II~~ ~ IC6nbi~ @.99 X16 45 _ - ~ g9,g4g . 9~ p92 4 YP~msa®mndo (Pndq) 6~ d67 4~ 11 45.99 ~ ~ ,.,,r. 4 93.82 •94.31 ® Care 96.9 ~ 2.64 218 •91 _ ~ ~ 9 _ _ X C Slog 2.05 1.61 29 9 - ~ Spurs _ 3.09 02 •93 veg. aYo _ ~ -~.,ea - -~.r~ a percent, ®f dotal Number of Visitor ®ays ~siooaQ ~ U®® 4P.Y, - 45.19 - - - - - - to`Wlute ~itiver NationaB Forest In the Eagle County. Planning survey; 6~°~6 desired ~aeore trails and 43°,6 desired more - access to public finds. ~tianges related go trends in public land use include extending resort services into th® summer season, enor® permanent empdoyeeso etc. ~ . ~Idlife Flabitato Although ~OQ6 of Eagle bounty is public Band,. approximately 3®% of the critical mule deer Pabitag and ~0°~ of critical elk habit and 10% of critical bighorn sheep • ~ . •habitat 'are Bocated` on pridate land. Because of loss ®f habitat to development, all of the winter range' along:.th® Eagle end Colorado livers and' along'grush, Homestake and ~y~SUm Creeks ~Pe COnSldered CPILICaI habitat. ®ue to development and I-e ®fencing migration routes.~or elk and deer are severely res4PiCted. ,EIk mlgratl0n coPP1dOP3 I'!8V® been mapped ne8r Cordlllefa theta because of the proposed gall course ~eveloprnent _vvill be the only ~ePnaining migration corridors for these - EIk: the Adams rib. permit area contains a mcjor migration route for EIk, the loss of which would restrict EIk movements Qhrougte theg part of the County. .l`labitat Conservation Plana QWCP'a1- at.least HCp°s are being ,developed under the Gn~angerad Species Act. ®der half wrera :unitiated bb private interests. the l^ederal ifVildfife service teas provided assistance and support t® regional HCP's. inlhile not a panacea, development of habitat conservation, plans ntay provid®. a model for conservation of habitat beyond that ®f endangered species~.as urbanization advances., It pPOVides a vehicle to seize opportunities for mutual accommodation of environment and development objectives e~hile avoiding win-lose battles. 9a - - Land Trusts have existed for over 100 years filling a variety.of goals primarily purchasing , -land or development rights io preserve openspac®, habitat, unique or environmentally " sensitive areas. There are now over 900 land trust organizations in the country. . Previously, land trusts were typically.private non-profit organizations. Recently many . public /private land trusts have been formed supported: impart by tax revenues. Several - state wide land trusts (Maryland, Vermont and Virginia) are funded in part by state money. The disappearance of open ranch land in Colorado has become a concern in many . counties. Ranch land has long been valued. by.residents for the open character it provides. This concern has prompted proposed state legislation. to amend Senate Bill - 35 which controls the subdivision of land. The currpnt~b'ill excludes the local governments from reviewing~end approving or. denying the subdivision of land into.35 acre parcels or lager. Unrestricted subdivision of ranchland into 35 acre parcels is believed to be a loop hole in the preservation of open ranch land. The proposed amendment would have placed these - -.subdivisions under the regulation of local government. The proposal was unsuccessful in ' p 1992 and will beproposed again in 1994. - _ w Several studies have documented the value of openspace.to the. community. Expanding on - this concept,.a-study is~.being conducted by CU which is.attempting to determine the - - importance and value Tourists place on ttie open ranch~fand between destinations.. Fish Habitat: an.,inventory conducted in 1950 indicated 1000 trout per mile in Gore Creek . An inventory in 1991 revealed only 370 per mile. - In 1989, 90; and 91 sales, of fishing. related items in three Vail stores totaled 5251,700 t generating"sales `tax of 520,639. This places a value of 8170 on each trout in the Gold Metal Area. - . - Endangered Species and biodiversity: Many acknowledge that the current Endangered Species Act `has some fundamental flaws.. The. current policy attempts to deal with the r - ~ . - symptom instead: of the cause,. protecting endangered species once the supporting habitat has been compromised. There ~is a general' :consensus in'the Federal government that a - f, ecosystem protection approach is needed. The concept behind is approach is that if a - - - healthy natural-.system can be protected then the species. within that system should thrive. The White Rivers National Forest Service recently, announcement plans-to implement an _ ecosystem management approach. ~This:will require a`'greater understanding of the i interconnections _of the surrounding wilderness=and cooperation among governmental agencies .and private property owners to protect a natural systems and not just a species or an area within a political boundary. ' ' The Endangered Species Act has listed 56S species, ss threatened or endangered and implemented- plans to protect'these species. However, over 600 species have been ` ,identified as needing to be listed. . r ~ ~ - Listed Treat¢ned and~Endangered Species on National forest System Lands _ NFS -174 Species Total Number of Species . ' ~ 200 IiLLII~IIILI,LI L ~:.s ~ r~r~..:2:~:1: 1U11WllVll 5 ~ 100 ~ r ®iIEpLUeS 9 ®IfnOC4 4 - . ~ r.,, ~ FLshes 59 ¦ Maa~mab 21 - ~ ~ is - ®Snalls ~ ~ Crustaceans I 'r, _ ' Mti - ~ Clams 21 ®Plants 51 0 . 1~ B(rds Z4 1968 1970 1972 1974 1976 1978 1980 1982 1984 1886 1988 1990 - 13 . t, . ~ . D~~o~P~p~6~ ~oc~ooDo~6c~~~ o . 4 Western Region a~err9ograptuc changeso annual Change for number of Housing Permits and ~mpio3/ment Growth in six western `states QIVI~,1A~,`6®, C®a [ViVI) far ®xceeds. nations. - ~ ~mpYoyment ~r®~ ~ Change in Housing hermits ;fiFEEEifE;'rtfEEiiEiESttE' • - M n s OU(118i $1818 - - - - - - - U.$.A 90 - - = - _ - ® - - - - _ Atll® - - url$Elln ~ ~ $S$es _....,.:z::: _ , 4 ~.~0~. ~ . ~ 90 S ........:•::a:::a::N::r.::c::c::r.:y:::e::e::..o k . . ~ -'~'o'Eiiu'riiiiii ~ ~`EiiiEfifoEiE;FiEEiFr.. 0 0 I 9~ 9009 ,..,..9 ,,,W.,....... 9e~Qrtaq) 9~,,,. 9001 90A2 - i ' ~c~~®seve P®pu)a~®c~ gr® in th® 1fll®~ is ®xpected to continue for the remainder , i ®f`~tie decade. Major drilling. forces incfud®: pettier quality. of life, escape from urban ceritiers made snore possible dua ~to telecorinmunicetions, Bower taxes, lower employee salaries., affordable housing, 9ess red tep, greater numbers of retirees and early retirement of baby boomers, acceptance of part tinge ifliork ~y retired and semi-retired.. Egg?e ®unty as ®xcept~®n t®. his bO~rno;SOm®. of the effects have elready been se.en:. more pePmanent Residents saes 2a-~4; more retirees; fewer transient workers ages ~t a-24; 90°~ increase ,in the.eeumber of school age children sinc® 19$®, Vacant second homes grew ~s a pegca~t of total housing now comprising approximately ~ /3 of the housing stock. Gro.~rth in population. in eagle County and Vail are P®P111.~°t'8®111 GR®11~fTH IN expected to continue at a vigorous pace. EAGLE C®~° V~?l~ • - - - . Thousands • . between ~ 980 and ~ ~9®population growth in the State ~a out pacing ~he,9°~ growth in the country. Grow+tii in the Re ion.. ~9°,6 was more than twice - that of the country and three times that of the tat®. - REGIORI XII POPUL.ATIO~ GROlIV'I')-I - ~€„f[II'"ff"~„~[[1L"E[„Lt . 9980-1990 9S ,::M:::{:::.:::N::N::. Iii' ,e { fy is~•Iu ~ 25% r~,yso ~ ~ 4yc ~ i . 9596. . ,U96 9sro ~ 9980 W 1990 2000 ~ U.$. STATE REGION F.d~I@~ 7.498 93.32 M 18.201 ~ 71.671 • ex ~ 94x ~ sex i C_~ ~ 0.485 I 2261 ~ ~6~ 5.221 I ALL AGES . 94 Changes in Population Composition: - ~ a . ? jp~ of Jobs Growth Bn the Service and ~ - Construction Sectors has far t eo exceeded that of other . em to men se t ctorsin Ea 1 Aso p Y e 9 Service County. Sao - - goo - -:a ::sa::: ::::r::as:a t , t - - _ 80 . - t Fetail r. .The "A a Wave": The. combined Construction y effects of aging "baby boomers" ' and eo le (ivin to ever older _ . ~ . ages has transformed what was ao ' . ° ° ° P P 9 - - ~Government 4 i w w °Fin,Rlest,lns .known as the age pyramid ~ : . ishawn below) making the over ~ ~ ~ ¢Trans.util • - -a Man cturing . ' fifty crowd the fastest growing o " T` ~ - , - - ~ ~ t uta Wholesale segment of our population.. 82 83 8a BS "86 87 88 89 90 91 -Agriculture r: $ Mining • ACE PYRAMID ~ ~ - - 80-64 4203~~; ~ .,r,F -+Y~,.; 75+ f _~~-,u ~ 75.79 ~ 70.74 Y~~~ ~~4 S~ fir 7x14 -..mot.,;; • , 5.69 ~ x•69 ~ ~ a. 5~r~~~ 5x-59 - ~ ~ 60-64 :a~:..t..~s 5 ss5s p~ w 55.59 y 50.54 ~ ~ 50.54 - ~ 50.54 ~ ~ -~~~-ate males ' feinei~ 45.49 4s-4s ~ x..-- 45.gg A~~.~ r : ; 40-44 40.44 - ~ 40.4. ~ ~ ~ 4 r.~a•.N•>,w;ar' , 35-39 ~y „ 35.39' 30.34 30~ ~ ~ _n~ 30.34 ~;~a.t - 25-29 ~ ~ 25.29 r...~:, ;~.:r-~, g12a124 zc~z 2a2a -.7~:~.-~.~::,~.~a:~.; • 1~ 1~ ~`ir =x'i tii. t7t9 ~ ~ -.4~c'~T'.;fi .r,'. _-w 15.19 bSr .i!~Y3, ~.f&3'r J~`.ai..-'a:~;i ; 4 s,~, tat4 ~,~~y l'?-~ rr ~b 10.14- x try sr.~" *fi~±:.~.,'~'3sa_-Xb"? i13Y7friCtiMA'f~~':7 ;7ffBtiP~=~SL,.tH;' +Y~''~~3~?}ix~'~' . 4 t 210 8 6 4 2 0 2 .4 s s t o t 2 t2 to ~ e a 2 0 2 ~ e e o t2 12 10 6 6 ~1 2 4 2 4 6 8 10 12 ~oauunoN w ~awo~s - The rate of growth of the senior - segment of the population has . ~ grown. much faster in Eagle County than in most other areas of EAGLE COUNTY 1980 - 1990 the country. ~ oo~r sore - ~ • ~ ~ . soap ~ ~ ~ . -o~: ~ r-- ~ ~ ; _ - ~ ZO°'O rte. ~ r o4e ALL AGES Y 60+ Y 75+ r y ' %(]I 8a.8% ~ 70.4% 1 85% l • 15 . ~ ~ ~ - 4 ~~angea ~n (~®~u8at~®~ ~®cati®no . I~lost r~ew residential growth ~ Gkely t® ®ccur down galley in the mid and lower valley. Vail°s outer ~oundariea are defined by public 88nds, ss its i~uild-®ut approaches it is likely that needs . subh as employe® housing, visitor accordamodations and recreation faciliti®s will be met d®wn valley. . ~ _ - Nearly 8®°6 of the wasting ~ ,000,000 square yllolcott/Edwards/~ak® and feet of commercial space Bn Eagle County 6s . Squaw Cr> 945 in Vail or Eagle - .Vail. Growth down valley Avon/EagPe-Vail X36 ~ will-bring with it more commercial ! Gypsum/Gypsum Cr/e~irport 539 ®mployment development down valley.. - ~ Sasalt/EI ~lebel/Fr~ang pan X93 ~ ~ippr®ved in Edwards is 260,000 sf. of new Vail, ~f 9 commercial development. Water ®istrict:Gr®vv~h . 5uild-®ut.estlmates indicate that 895 additional ~,sr~~ `units tyre available !n the Vail Consolidated p M - @~/atdr district as :opposed to 9 2.652 units a 1 ~ , " in..4he Upper Eagle !later Authority ®istrict. " o ~Jpper `Eag,Pe /alley Consolidated Sanitation ~ n ~ ~ - ~ I~isYric4 estimated th® potential at five ~ ~ _ ~ Yail Yalle - ° y :actively devePoping projects QCordiera, Derry ~ ~ a v ~ T i-° Creek, ~eaver'Cr'eek, grow I~lead and - ~ 9 Eagle-\/ail) to be nearly 200 units. ~ ~ ° ~ _ - l1PPer Eagle t. -o- uERWA WCOVD Vail Valley Consolidated Water t)isteict . flipper Eagle Regiona9 Wator Authority o - o B a ~~w ' .4 . 4 - ~a 9 Q~ e - 9 . 9 ~ 9 0 x.°90 ~~9s9981eg.+~mo1~ ® l.....,:,.~wl ~'®®e~~0eet SNb•tle0 Qd-d-0h6M . aroma (a.`"ap Qe~ BBwda ~8ta~ ®0om9a8fY0 ~ ~ ~ 9y18 ~.1G1 BAae 9980 ' Gfl9 €I11 ° (bye ~ 9~ ~ 0 898 de~tl1 93t9 a99Q , ~ 8i4 ~ 9~ ®.723 092.852 ~ E~9 9p34 Q,NO 09,497 8 979 .9,7oa A18 9j00 890 93d o 8779 - Construction of Adams RPb ski Area -Already approved by the County in sketch plan, this `development could' have major implications on the development pattern of the county. ~e Transp®rtation: ~ • ~ j Expanded capacity at Denver Ir>temational Airport (DIA) is being. marketed by surrounding states that will be "one=stop" ~DIA) away:,from mayor airporfs around the country. This expanded . capacity. should also help to increase the domestic and international market potential of Vail and other resorts in the region. • State and regional planning eff. orts are now placing greater emphasis on mass transportation due to the lntermodal Surface Transportation Efficiency Act. Under this act a percentage of federal - revenues is `earmarked for mass transportation. This act, emphasizes planning and implementation of multi-modal transportation systems. As development moves down valley, there will be greater need for commuter transportation to serve the increased number of Vail employees. • u:. ' ~ ~ Gomm.ut~r-s Vail Area .Projected to tncroase over, next ten yew 3.200 i 3.000 3.002 2.862 ~~~~%><`<:::<'.::>:«:;<:><: 2 800 r~=>~. e . i qtr 2 608 e 8 2 00 , :::.:'::::::.~:::OA::: ~ .z m:n~Fi::::: rL : ::...4 nYii'4+iii:• •i:i: i:? i8't....:..... •x:::. 2 45 • ::':'.•..ttt ri; j:;::;:;:;r:;:~i::iiiii. :v.J.w. ::::tiv'~:':=:: k~ 4•.::.: rr vi:::.w::... nv:: xSiiiiii~i:.: 2 400 S:::O:ii~:~ii:~::~: " tit::>'.`::t:;y:::%:SJ:'.>:+.ii::: } ' ;ri?<_ F:i`. t` 200 ~;i}: i}jiii:' :i>%r'•i~ii: ii%~r:?Cfi::: i:•,:Fii w :.:h`~:::::.:v.; r. :~:i:ti~i:$;i:ti';::: `%~i:: f ~ xr4:4TiY?•;y {.y;i:;iiiii. i:y''iiv~~i:v.•i}i:v;j r::::: n..~ r•.:+~.: • ::.~iiiiiii ?ij:i:y::i}ii riif ::+n ~ iv~?i}:::i::: :...~,v:'~: v: ' n.~ v.::::::::.v. ~ • ~ i ~ 984-85 1989-90 1.9A'4-95 1999-2000 2004-05 ~ { i _ TeleCOrt~muting:.'The vastly expanded:communications industry allows more people to work in „ remote meas. while berg, able to transfer information aver the phone. This, combined with a trend towards "Out Sourcing'' (using smaller specialized; firms or individuals on contract) could - 'have a:malor effect in accelerating the growth of, attractive areas like Eagle County and Vail. Allowing .people to stay in .their profession while I'iving in the location they desire could mean '-major changes in ;the sociaF. fabric of rural areas. •~hanges in life styles ,may challenge the character, of the area, expectations of services such as _ 'police, medical, fire and schools will be greater. There will be fewer ranches and a more suburban te'ss rural atmosphere. . Hiltons Telecommuters by Income . 11.2 t37°i' (17%) Lof)end Telecommuters Under =25.000 , • ' 12.8 111.1 o.,.. ~ Corporate Atterhours 525-49.999 ~ 13.4 151.3, ®ssoaa.e99 _ J r1 \ ~ J . ~ ~ Pnrt-Time Self-{=mployed ~ J J J J ®575.000 Or More 3x.31 . - ~~,y;,,,, ~ ::13.9 J J J J J J No Response JJJJJJ (18.5%) JJJJ Prlmnry Self-Employed is S? -i r•:...•.:...•.,..:.• : . .2%) I t990 1991 1992 1993 1994 1995 Data ~::ra: link Resources 1991. ' Sourcr. Unk Resources. NYC Y 7 I ~~nergence of the flGreee~ ~orporati®n~' a ®ver the past several years many cooperations have gone througP~ en evolutionary process. First,acknowledging that an a ~ . °envlrOnpnentally froendly° image ~?as good for business using it a as a marketing approach. Now realizing that waste reduction is als® good for the bottom line. Dnvestments in enviror~rnental pr®tection equipment, waste reduction and new safer ..processes are proving to be amore profitable.. Stronger regulations in other countries has helped fioreign industries advance.~nore quickly in this direction. Globalization of markets will pressure ~S companies to find. newo more efficient solutions as well. the Greenhouse, Effec4 ~ ~I®bal 1A/arminge !n ~1~2~,~a French mathematician, Jean Fourier, - was the first to notide`the heat reflectability of the earth's ,atmosphere. He compared the atmosphere°s ability .to et the .sun°s' e~isibBe rays ~iarrn"thy earth while retarding the - .,reflected heat t®. the glass ofi a greenhouse. Greenhouse gases; are composed of carbon dioxide (50°r6), ichlor®fluorocarbons X20°,6), methane (1fi°~6); gr®undlevel ozone (S°~), and hiYr®us ®xide [6%[. Carbon d~oxrde._(C®a) levels have risen in 4he atmosphere because of fossil fuel burning ;and aieforestati®no Pn`the. beginning ®f `the industrial age, the measurennent of carp®n dioxide in the. atmosphere, vvas 280 -ppm (parts per million). Today, 'the ~tea~urement is about 3~5 ppm and it s estimated that by the middle of next century, a`e will ~e 85O to :6®0 ppm [IVlatthevvs]. Some .sources of chlorofluorocarbons (CFCs?.. aPe refrigerators and fire extinguisher. CFCs~trap,20;000 times more heat than - carbon dioxide and als® attack 4ha fragile ®ione layer that protects the earth from dangerous ultraviolet rays from the sun. - ~n estimate of 1f -2° ~ warming: is inevitable because of past emissions of greenhouse gas -and the time it wilB take to change production practices [Titus, ~reenh®use]. ~'he6 hottest years of temperature. recorded history are (in order of the hottest to the .beast hottest) .1985, ~ 987, ~ 983; 9 981, 1980; and ~ 986 [Naar]. ~y the middle of next century, the estimates of the number .of days above i.0®° ~ t®r some cities could increase. Some of-those cities maybe Washington, ~.C. from ~ .to ~Z days, ®maha from - . ~ to days, ~lVlemphis fr®Pn ~ to ~2 days, and ®ailas from ~9 to 7S days [Corson]. the impact, from the rising, temperatures could raise sea levels. When water gets warm, it. expands and raises. the sea level. `lea levels fn the Eastern t1.S. have already risen a foot ;and anotheP foot is predicted by the next century. Within 60 years, it is possible that the rising tides would cause massive damage. - - ln ski resorts, a warmer global climate could mean less snow and fewer ski days. Although the exact '6mpacts to the ski industry have not be quantified, this is a trend ~~orth monitoring. [Forest) . ~a - . • ~ We are a10 aware of many more trends effecting Vail and the surrounding area. = } . - This background paper is not intended to be domprehensive, it is merely a sampling of the types of trends occurring in and around Vail which may have an effect on it's future environment. These and' other trends you have observed will be discussed during the search conference, Vaii's Environmenia/ Odyssey -The next Generation. R~ Together, .during,the conference, we will weave a meaningful projection of the envirortmentat challenges facing the community. -This wilt help .establish the direction for - the management of Vaii's .environmental quality. The conference wilt be followed up with . the development°of an environmentai~strategic plan for the Town of Vail. ,F ~ ~ t N'e look ,forward to your varta'cipati'on arul iytsaghts at t1u c~arch ~®n#ePenc~r ~ ' . _ ~ _ ~ _ ~ - K i 4 t • t f t • w J g- ~g \/ail's Environmental ®dyssey: The Next Generation ~~s~9s ~~vsr®~mental ®dyssey° The Next enerati®r~ pr®ceedings Rep®rt 0 ~I®v~mbe~° 16919~~ Elv~l~®lv ` E1~1T TY E~IV®~ Vail's Environmental ®dyssey:. The 1Vext Generation ' ®F C®N~'EI~1~'S 1. PURPOSE: 1 2. PRE-PLAAINING: 1 3. AGENDA AND PARTICIPANTS 3. :4. CONFERENCE INTRODUCTION: 4 5. GLOBAL TRENDS: ~ 4 6. KEY EVENTS IN THE DEVELOPIV[ENT OF THE VAIL VALLEY 5 7. TRENDS AND IIVIPACTS (VAIL VALLEY) 7 S. KEEP, CREATE, DISCARD 7 9. DESRIABLE FUTURE FOR VAIL 9 10. ACTION PLANAIING 9 11. NEXT STEPS 1 ~ Vail's Environmental Odyssey: The Next Generation On October 8th and 9th approximately 50 different stakeholders:representing various businesses, . interest groups, neighborhoods, and area governments met in Vail to participate in Vail's Environ- mental Odyssey Search Conference. The purpose of this conference was to develop the frame work for creating an environmental strategic plan for the Town of /ail. The Environmental Strategic Plan will be used to develop along-term work plan for environmental programs in Vail. Specific objectives of the Search Conference were to: A. Develop along-term vision for environmental protection and development, . B. Identify important environmental issues that need to be addressed, C. Develop Objectives for addressing those issues. The Town hired Rita Schweitz & Associates (now_ changeWorks of the Rockies), Craig McGee from the Gauntlet Group, and Nancy Cebula to conduct a Search Conference and to elicit public input in the development of an environmental strategic plan. This report on the search confer- ence provides an overview of what was discussed and written during the one and a half day conference. This conference and report are just the beginning of a dynamic process to develop an environmental strategic plan for Vail. Ge l~%ASi-JC ~t-111®1VN1VT'1IIe A planning group was formed of representatives from key stakeholder groups to ensure that the Search Conference would reflect the concerns of all aspects of the community. Members of the planning group included the following: ' Tom Steinberg, Town Council Kristan Pritz, Director of Community Development Russell Forrest, Senior Environmental Policy Planner Susan Scanlan, Environmental Health Officer Allen Best, Environmental Alliance Joe Macy, Vail Associates . Dave Cole, Realtor ` Kathy Heicher, Eagle County Planning Commission Evie Nott, Vail Medical Center _ Rich Phelps, U.S. Forest Service Marty Jones, Vail Alpine Garden Rita Schweitz, consultant Craig McGee, consultant This group met on a regular basis from May 4 -Sept. 24. Its responsibilities were as follows: 1. clarify the exact purpose of the conference 2. identify potential participants to provide a complete picture 3. select a name for the conference 4. draft a letter which would explain the conference and invite people to attend 1 Vail's Environmental Odyssey: The Next Generation 5. extend personal invitations to participants and explain how the conference would work 6. help with all logistics . 7. identify and help generate background materials . 8. assist consultants in selecting appropriate activities 9. support the entire effort Taking many competing activities and interests into consideration, the planning group chose the dates of Oct. 8-9,1993 as the most convenient dates for the conference. The group deliberated about a conference name and selected Vail's Environmental Odyssey: The Next Generation as an appropriate and intriguing name for the conference. In addition, the planning committee agreed to develop several read-ahead papers to provide participants with an understanding of important trends, planning documents, and concepts related to strategic planning. The purpose of these read-aheads was to stimulate thinking on environmen- - tal issues. The read-ahead documents are summarized below: Environmental Trends Analysis: This paper identified numerous public opinion, regula--~ - tory, legislative, demographic, and economic trends that may affect Vail in the future. -The paper discussed global, national, and local trends This paper helped lay a foundation for understanding future trends that Vail may need to address in the future. Sustainable. Development: This paper discussed the meaning of sustainable develop- ment and how it applies to Vail. Sustainable development has been defined as "develop- , ment that meets the needs of. the present without compromising the ability of future gen- erations to meet their~needs. " The paper also discusses the strong connection in Vail - between protecting our natural resources and tourist based economy. What is Strategic Planning?: This paper provided an overview of strategic planning. Components, of a strategic plan were identified along with the benefits of this type of plan- Wing. Key components of strategic planning include: identifying internal and external trends; setting priorities; and implementing and evaluating the plan. White River National Forest: Ecosystem Management: This paper discussed the U.S Forest Service's policy on ecosystem management.. An ecosystem is a community of organisms and its environment that function as an interdependent unit. Ecosystem man- agement is based on the principle that sustainable ecosystems are the foundation for `sustainable multiple-use management. This management practice is becoming the stan- dard for Federal land management agencies.. Eagle County Master Plan: This paper provides an overview on efforts to update the Eagle County Master Plan. This Master Plan will provide the foundation for planning new . development and protecting the natural character of Eagle County. 2 _ ~ Vail's Environmental Odyssey!: The Next Generation Se AGEIV®A AN® Pe4RT1C1R~;h9TS A Search Conference is designed to scan the whole system from a global and historical perspec- tive to create a context for specific planning based on an integrated approach to.a local situation.: The Vail conference proceeded from discussing global issues to.focusing on issues that.the Vail community needs to address. In this way the agenda proceeded along a funnel going from global and general to specific local issues. . Global Situation Desirable and probable global futures • Where has Uail come from? - • Trends and Impacts Desirable future for Vail's Environment ' Obstacles and how to handle them Desirable and Achievable Action Plans Community Diffusion Approximately 80 people were invited to the Conference and 50 individuals were at the confer- ~ence at any one time. The following is a list of individuals who where invited to the conference. Glen Anderson Bill Anderson Bill Andree Rich Perske Emilie Barton Roger Behler Allen Best Evie Mott Sally Brainerd Bob Buckley Cheryl Chipman Mauri Nottingham Barbie Christopher Dave Cole Ginny Culp Kent Mueller Ed Oel Duca Sherry Durward Ed Drager Ray Merry ' Johannes Faessler Tom Fitch Russell Forrest Ray McMahan Kenny Friedman Warren Garbe Bud Gates Pat Mcllvain ` Jim Gibson Murph Gottlieb ~ Gary Hall Chuck Mcguire Jane Hart Kathy Heicher Jim Himmes Tittus Peterson Frank Johnson Marty Jones Mike King Carol Phillips Peter Koliopoulous Jim Lamont Patti Langmaid Mike Poekes Merv Lapin Michael Lauterbach David Lipsius Kristan Pritz Tom Lundgaard Joe iLRacy Kevin Mactavish Rick Pylman Laurie Mactavish Barret McAdam Craig McGee Robert Ray , Nicola Ripley Rob Robinson Kent Rose Ross Sappenfield Susan S.Parachini Rita Schweitz Jim Shearer Loren Kroenke . Bob Slagle Tom Steinberg Jan Strauch Patricia Teik Carroll Tyler Gerry White Charlie Wick Bill Wood Dan Chiras Diana Donovan Kerry Donovan Kit Bogert Jerry Vander Velde Pam Hopkins Debbie Kimbal Lana O'Neill Nancy Cebula Dick Neal 3 ' • _ Vail's Environmental Odyssey: The Next Generation 4. CONFERENCE INTRODUCTION: _ On behalf of the Town of Vail, council person Tom Steinberg welcomed all participants and ex- ~ " pressed his hopes for a productive meeting. Russell;Forrest.then explained.the purpose and-: ~ components of a strategic plan. The consultants reiterated the purpose and explained the activities of the conference and laid the ground rules for working together. • 5. GLOBAL TRENDS: The first group discussion focused on "What's been happening in the world during the past 5-7 years that we must take notice of?" The group generated the following list. GloballYends _ What's been happening in the world the past 5 - 7 vears that we must take notice of? • Global warming • Air quality • Public lands -degradation of • Immediate communication • Loss of wetlands/riparian • Ecosystem management • .Ozone depletion • Reduction in small farmers • Mass transportation - •Random Violence • Berlin Wall • Loss of historical continuity • Water quality • Poverty ' • Greater income disparity • Toxic waste • Expanding Car use • Movement to rural areas • Failure of justice system • Inadequate highway systems • Increasing number of home offices • Environmental misinformation and • Nuclear warfare • Increased emphasis on energy needless panic • Increased emphasis on • Increasing cooperation between business • Recycling -better technology technological advances • Efficiency (by businesses) • Allocation of limited resources • Intermodal transportation • Califomation of the Rocky Mms. . • Building on farmland • Failing infrastructure . • World hunker/Poor diets • Volcanic eruptions • Farm land development • Overwhelming bureaucracies • Biogenetics • Increased longevity • Floundering public education • Loss of indigenous peoples • Divorce -Destruction of family • Biodiversity • Educational opportunities • Drugs • Economic disparity • Cultural diversity • Racism • Environmental ignorance •Lack of community involvement • Deforestation • Computers • Solid waste disposal • Oil spills • Habitat destruction • War • Massive soil erosion • • Medical CareMealth Care • Migration • Water Rights/Energy Efficiency • Aids • Overpopulation • Human Rights • Cleaning Superfund sites • Nuclear waste g • Drou ht • Floodin 9 • Polar ice caps melt • Rio Conference (UNCED) ` • Mid-west flood , • Migration to mountain states ' • Increasing acid deposition • Advances in medicine • Break-up of Soviet Union • Degradation of cities • Acid rain • Global economy • Economic downturns • Homelessness • Private property rights • Questioning community childcare • Overconsumption of resources by • National debt • developed countries • Loss of sense of community •Ocean pollution • Sustainable development • NAFTA • Earthquakes • Gun control • Kuwait oil field fires • Spread of deserts • Alternative energy sources ~ • • Endangered species • Increased environmental awareness - - • Hi-speed quads • Animal rights 4 ' y The Next Generation ~ Mail s Environmental Od sse~: This list provided the broadest context to wrhich the group would later.refer when defining the desir- able environmental future for the Town of Vail. It also provided the data to answer the following questions, "What is the most desirable world vve can make happen by 2010?" and "What will prob- ably happen by 2010 if we do nothing?"The large group was randomly .divided into 6 small groups . - which generated the following responses to the questions on desirable and probable futures: probable Et~ture in 2099 i>t we d® nottaingo ~ - ° increased economic disparity ° continued environmental degradation ° increased violence ~ ° planet overrun with people, disease, starvation ° intolerable stri#e, racism, war, death rate ° decreased habitability/environ- ° shifting national dynamics mental destruction, loss of ° greater competition for natural resources biodiversity ° environment beyond repair ° increased educational disparity . ° increased world population ° problems will be different ®esirable llVorld in 2040 ° respect & recognition of individual (humanism) ° better balance of natural and economic ° sustainable population sftuation resources ° global education network ° 100% efficiency in government, production, ° universal education & communication industry, and transportation ' ° 0 population growth ° adequate quality of life for all living things ° sustainable development/consumption ° elevated social conscience ° opportunity to be educated ° stable, healthy, population ° adopt a global sustainable environmental ethic ° no ethnic strife, racism or war The entire group agreed that they could all support the qualities in the desirable world. A common desire was to achieve a sustainable world where a balance between economic development and environmental protection was achieved. There was some disagreement on the probable world. Some felt that people will adapt to new challenges others felt that the world could face catastrophic consequences if things don't change. The group agreed that there was a large disparity between the probable and desirable worlds of 2010. This difference is the 'planning space' that the group would work in. ~ . 6o KEV EVENTS 1N THE ®E,VE~®P~flE?~T ®F THE VAt9~ V~?LL.EY After the discussion on global issues and desirable futures the discussion turned to the Vail Valley and its history. This discussion identified many valuable milestones in the development of the Vail Valley. The group generated the following lists of the key events in the following three time seg- ments: 9975 and Before (Key Events) • Concern of loss of wildlife habitat • Mining • I-70 • Development of Lionshead • The Vail Plan (parks, paths) • First Master Plan in County • Open garbage dump • Unexpected success • Vail Mountain School - • Nature Center • International architecture • Senate Bill 55, County Land Use • Eagle's Nest Wilderness Area • House Bill 1041 - Control.of. hazard areas,:~EIR . • Beaver Creek • Sewage collection began • Rod and Gun Club the beginning of Vat • Sheep ranching • Home Rule - 1971 • Homestake Water Diversion -water diversion • Road paving • 1940's -Camp Hale • Underground utilities • Ute Indians leave 1940's US 6 on Vail Pass • Sign Control • Founding of Minturn 5 Vail's Environmental Qdyssey: The Next Generation - 1976 -1985 (Key Events) • Tall buildings •Gerald Ford -President • Public bus system ~ •Real estate community took dominant role - . • Re-zoning •Closure of Gilman Mine . _ • Town of Vail -host of planning documents from •Consolidation of water and sewer districts 1984 forward •Real estate.transfer tax implemented (Success of) Beaver Creek •Beginning of foreign tourism • Expansion of ski area •Devaluation of Peso • First school building in Vail •Regional hospital expansion • People stayed to raise families •Hi-speed lifts • Large scale snowmaking ~ •First big real estate boom/bust • 1=70 to Denver (Tunnel)a •Annexation/de-annexation • Influx of big city values to small •Snow=farming • Westward expansion of Vail Valley •Avon Airport 1986 -PRESENT (Key Events) - Denver International Airport • Arrowhead Ski - 17 new schools • Migration of families west • Decrease in seasonal workers • Increased presence of "second home" owner • Second homeowners • Ski championships - • Immigration of Hispanic people • Recycling • Property value increased • Multiple change of owners for Vail Associates • Open discussion of water with Front Range .Glenwood Canyon expansion • Homestake II • Two Forks veto _ • Discovery of summer tourism • Institution of I-9 Form • West development of major land tracts . • Intergovernmental Cooperation • Increased diversity in community opinion . • Valteywide thinking • China Bowl • Back country zoning issues, i.e. mining, cabins • Village redeveloped • Increased pressure on public lands • Alpine Garden • First traffic light -Avon • Increased urbanization and mentality • Controversy over stop light in Vail • BRAVO! Colorado and other cultural organizations -Second traffic light -Edwards •RETT for Open Space • Air pollution worse • Increased number of people in unincorporated areas • Eliminating wood-burning • Eagle River Corridor Plan • Increased number of conflicts in back country • Snowboards • Ranches -chic to own ranch • Gateway Plaza • Selling off development rights • Employee housing problems • Multi-million dollar residential properties • Amendment I . • Rollerblades • Cultural diversity • Airport expansion • Mountain bike explosion • Expansion of ski area • Vistabahn • Walmart . _ 6 _ • ~ v: The Next Generation Vatl.s Environmental O ysse ty ry g ~ p ryone in the room sh ~ re a common under- This activi was ve ever etic and served toWhel eve ~ a . standing of the history of Vail. ~o T~END~ AN® If~PACTS . After discussing global trends and the history of the Vail Valley, the group identified trends and impacts of those trends that may affect the Vail Valley. To help stimulate the discusion on trends a paper on environmental trends that may affect the Vail Valley was sent to participants. To sum- marize the vast amount of information developed in the key events section, the group identifiied the following trends and impacts: Trends Impacts -Destruction of habitat •Increase in pollution _ •lncreased demand on resources •Increase of solid waste . - and infrastructure •Gore Creek impacted from development -Increased class stratification •Loss of quality of air/water -Increased public transportation - •Tra~c grid-lock -Increased expertise •Loss of private views and quality of life -Dispersion of residential development -Decrease in wildlife corridors and population. -Increased diversification -Decrease in traditional lifestyles -Pushing of `less' desirable land uses down valley •lncreased athletic activity -Increased diversified recreation activities •Loss of sense of community •Loss of open space -Decrease of common goals •Increase in fishing pressure -Increased economical opportunities _ -Increased snow removal and storage and diversity -Ignoring needs of young adults -More jobs -Increased cultural activities •Increase in property values . -Increased exclusivity -Stressing ofschool system •Increase in crime -Increased awareness =Increase in gated subdivisions •Increase in noise pollution •Incpprease~ign¢pgaas firppeplaces q ~e IKi~EP, '6sil~~fgT~y ®'JCii~® At this point in the confernece, the group had identified and discussed global and local trends. With this information, the group began to discuss a future vision for the Vail 1~alley. They did this by looking at what people like and don't like about Vail. Then they identified what would have to be created to achieve an ideal environment for Vail. Using Phis information a vision statement will be constructed for the environmental strategic plan. The following lists identify what people would like to keep, create, and discard to achieve both environmental excellence and a healthy economy. I~EI' -Steady, economic growth -Nature Center - as educational not for prof t •lncreased environmental awareness •~able, strong mountain operations -Best educational system -Increased intergovernmental cooperation -Vail Village scale =Open Space -Healthy physical life-style -Cultural programs -Increased year-round residents -Pedestrian Village •Gore Creek clean and flowing . . -Public transportation -Commuting minimal -Shuttle Bus -Small pockets of natural open space -Four-way stop •VVestern slope water on western slope -Quality of mountains as integral part of life -Care for planning and design • •IVatural surrounding 7 Vail's Environmental Odyssey: The Next Generation CREATE DISCARD • Long range plan for aging population • Indiscriminate development without considering • Higher involvement of youth in government ALL aspects of impacts. . • Renewed sense of community • Increase in exclusivity • Commitment to recycling • Crime (gangs) . • Regional planning authority • Apathy -Water efficient community • Drugs • Appropriate police roles • Air pollution • Year-round economy • I-70 noise pollution • Conscience for decision makers -Light pollution • Mass transit in I-70 corridor ~ ~ Disparity between "haves" and "have nots" • System to communicate these "values" in the school • Sprawl (spread out development) system • Discard "250" to enlarge house • Roundabout (traffic circle) • Lionsh_ead scale . • Special allowance (250 square feet) for employee - Us vs. Them on water quantity issue housing Land disturbances • Employee housing close to work • Us vs. Them mentality between upper and lower • Taxation structure preference for Colorado residents valley • Vail Alpine Garden Education Center • More streamwalks and bike paths • More of a system for public involvement • More reliance on solar/passive heating • County-wide open lands trust • Larger stream buffer zones -wildlife, recreation, water quality . • Environmentally sound way to bring people to Vait •`Public access to all watenvays • More trees along roadways • Next level of water/sewer treatment ~ • More awareness/vigilance of Eagle Mine _ • Understanding/Plan for forest buffer - health of - forest • Develop understanding/ awareness to env issues • Public land management agencies • Habitat Plan -manage areas from an ecological perspective - • More open space • System to maintain water quality • More public transportation • More recreational avenues • Energy efficient community • 'Blue Line" for development (Avoid ridge line developments) ~ . • Plan to keep development interest (short-term) with long-term interests ~ . • Best educational system • Comprehensive growth impact study (evaluate limits and direction for growth) • County-wide master plan (Complete update) • Interconnected habitat corridor • Community-wide sustainable ethic 8 Uail's Environmental Odyssey: The Next Generation ~o ®ESIRASLE FUTURE E®R ~l~,tL . The sma(I groups were asked to visually present their views of the desired future for Vail in the year 2010 based on all of the information generated in the conference and all of the advanced reading materials. After the information was developed and combined,~the desirable future in- cluded the following elements: . ° open space ° sense of community- identity ~ diversity ° maintain healthy ecosystems ° environmental efficiency ° desirable transportation ° environmental leadership-an international model _ ° redefine development philosophy ° environmentally sound/sensitive economics . ~ ®o ACTf~~ ~LAt~(~I1~9~ - Goals and action plans where then identified for the above mentioned elements. The .consultant asked participants to select the one element listed above which they felt most strongly about and develop an action plan. Seven groups were formed to determine how each desired element would tie would attained by 2010. (one group addressed both environmental efficiency and transporta- tion) In the self-selected small groups, participants were asked to complete the following tasks and present their results to the large group: 1. Define how the element would look 2. Identify one major constraint which would prevent the fulfillment of that element and strategies around the constraint 3. Develop an action plan Each of the seven groups addressed these task slightly differently. These action plans will help provide the basis for creating along-term environmental work-plan. The follo~ring is a summary of each action plan presented by the small groups. 9 - Uail's Environmental Odyssey: The Next Generation Redefine Development Philosophy Goals Revisit Vail Land Use Plan and other master plans to make sure they reflect the current development and environmental goals of the community. Review zoning, Design Review Board, Building Codes to make sure they are consistent with a model environmental community. Define. desirable carrying capacity of Vail. Obstacles - Public acceptance of development philosophy (revisited and perhaps changed) Action Plan i) Involve, 2) Educate, 3) Buy In, 4) Sell Ideas - Strong public education and involvement - Hotlines, mailings, meetings, multi-approach - Issues must have personal relevance and be explainable - Active public involvement in making the plan - Town government needs to commit to the effort, money, staff, time - Create a better way for "regular" people to communicate to council -council needs a hotline - Make meetings/information accessible along the same level of effort put into smile school - - Vail Associates, Town, Hospital, Vail Recreation District and other employers who say this effort is important. • - • Create a sense of urgency in a creative, honest way. - Find Champions for your cause. - Keep being/doing creative •-think tank- Cutting edge -local focus symposium type events - Government needs to build on past efforts - Direct, clear and timely information from government is needed. - Tie in results from Environmental Search Conference to Environmental Strategic Plan and.the effort to redefine Development Philosophy. - Make sure special interest groups are involved - identify key audiences - The opportunity to be involved - strategize how to involve people - Personal contact to ask a citizen to help out is key - Educational models will make environmental concerns come alive - i.e. go look at an energy efficient home - Do a home tour on energy demonstration projects. - Awards for energy sensitive_design. 10 Uail's Environmental Odyssey: The Next Generation fEnviranmentaV l..eadership. Goal: Establish an environmental model community Action: Establish an Environmental Commission which would advise, educate and encourage Town of Vail and the public to create environmental policies which Promote sustainable development and design Guarantee clean air and water ,;Vaud i s:s:><:::::>>:;:_;:: ;:.1~, ti Pp y o u t es Su ort health wildlife c mm ni i Promote energy and resource efficiency Protect~or~ of=tf~e B;osph~fe' ° Educate the public about the value of ;2J..$ustainab3e usa of natu~at ~Bsburces environmental res onsibili Reduct3or~ ofdisposabfe waste p ty g} 1tJi~e'use. ~f energy Require the Town of Vail to act as the 5} Risk<teduct~oq_ leading role model S) #v~arket~r~g of s~f~.produc~s aid sErv~ces Consistent with the Valdez principles ~l t=nv~ten~ertta~ darnage:compensaton (See attached table) ~tsclos~re.. 9j ~AVOrontr~2rrta! fi~la~agers * Publicly promote Vail's Environmental Action Anr~~a~ Env..ironm~rrtal ~ud~s~assessments:,.; Plan iVext Steio: .Compile, adopt and present findings of Vail Environmental Odyssey to Town Council. Organization of Town Council Environmental Commission ~ - Manager ~ Environmental I ~ I Commission Community pie Police Planning Development Commission Obstacle: -Resistance by public, staff and elected officials. Possible Solutions: -Education -search/provide models i.e. benefits, short/long term - Seeking ®articibants' in®ut. 11 - ~ Vail's Environmental Odyssey: The Next Generation , SENSE OF COMMUNITY Goal: * Design a life-style as fine as it can be. * Common goal and a common dream. ~ . i * To preserve and enhance our environment. Statements: . * Sense of community revolves about this dream and exists in this room .right now. , * People are here because of the environment and skiing and other recreations. * We are victims and recipients of our success. _ Action Plan: 1: Community wide support of an environmental action plan. 2. Increased communication (press\town memos~public television) of the problems and common goal. 3. Proactive position on environmental, i.e., recycling -mandatory recycling. 4. Recognize that there are three different "sense of community" groups. a. Full-time residents. b. Part-time residents. - c. Seasonal employees. - d. Guests. - Maior Obstacle: Lack of definition of what is a sense of community? -varies with different value . systems - Strategies: 1. Instill a common goal consolidating a common value system for unity. , 12 Vail's Environmental Odyssey: The Next Generation . MAIt~TAIi~ AN® IAAPR®VE EC®SYST'EI4~ . Goal: ~ . Maintain and protect our ecosystem . Maior Obstacle: Development Pressure/Private Land Rights Maior Strateaies: -Just Say IVo -Obtain open land through: Land Trusts, Sales Tax, purchase development rights -Go Co Funds, Lottery Funds, Impact Fee, Condemn - Second Home Fee - Zoning - Reprioritize Town funding - Educate/Lobby county Action Plan: ~ EDUC SSUES IM EMENTATIOIV & EIVF CEMENT PUBLI V1lARENESS HEALTHY ECOSYSTEM ACTT N PLAN PUBLIC CO ITMEtVT DATA TOVI/N/ COUN C v~w~i7~mt T 1) Develop information baseline (existing, refine, new data for riparian areas, wetlands, wildlife habitat, endangered species, unique flora 2) Protect key habitats and ecosystems 3) Identify use of areas 4) Develop zoning regulations 5) Obtain funding 6) Staff for Management . 13 Vail's Environmental Odyssey: The Next Generation RELATION OF ECONOMIC AND ENVIRONMENTAL CONSIDERATIONS~IIV GROWTH Goal: VISION: In the year 2010 -full consideration to the environment is given to growth - issues and there is community consensus on the limits to growth. - Statement: ~ ~ - 1) No consensus on limits to growth. 2. Need to collect data on physical data, opinions, capabilities (Master Plan) 3. Pubfic forums are needed to inform the public Actions: 1. Determine maximum numbers of skiers allowed in the future. 2. Determine maximum numbers of cars, parking, etc. we want. 3. Task force of stakeholders to develop information and share with public. 4. Develop growth projections relative to summer visitors. 5.. Gather focus groups to gather opinions and educate. 6. Survey the community to'assess opinions on limits and desirability of growth. (written, specific) 7. Develop Master Plan incorporating all action items. - j i 14 Vail's Environmental Odyssey: The Next Generation OPEB~ SPACE Goals: Implement the Open Lands Plan High Priority Issue on Accessibility i.e., Streamwalk. Obstacle: Public vs. Private Rights Solution: 1. Look at open land plans from other communities 2. Public hearings. 3. Consensus. 4. Public vote or Council edict. 5. Lawsuit preemptive plan.. Action Plan 9 . The Vail Town Council establish an "open space commission" consisting of nine appointed members given the mandate to: a. Manage present open space within the Town of Vail. b. Assessl Recommend possible acquisition of open space. c. Develop and encourage land trusts within the Town of Vail and down valley. d. Educate the community. e. Act as a liaison with the County and other towns and the U.S. Forest Service, wildlife and other governmental agencies. f Town staff -land manager of this commission. 15 : Vail's Environmental Odyssey: The Next Generation ENVIRONMENT~4L EFFICIENCY Goal: Strive to achieve 100% efficiency in the community. This would involve improving efficiency in water usage, energy, waste management and use of other natural resources. Obstacle: Lack of education or understanding Strategies a. Demonstration projects. b. Availability of energy audits -consultants. . c, Education for builders, developers, designers, etc. d. Educate public concerning recycling, solid waste, and natural resources. How Tos: 1. Energy audits. 2. Adoption of energy and water efficient building code. 3. Creation of incentives. 4: Demonstration project/model houses. 5. Convert Town of Vail vehicle fleet to cleaner fuel. 6. Education -Disseminating information. 7. Solid waste costs to volume-based system (recycling). 8. Investigation of alternative disposal of construction debris. 16 y a i _ hail's Environmental O~ssey: The Next Generation 4 TRAN9SP®RTi4`1'8®t~ ' Obstacle: Planning (lack of) Solutions: -Education -Demonstrations -Attitude - "Its the right thing to do!" -Incentives How tos: 9. Improve mass transit on local and regional level. (Denver to Vail, Gypsum to Vail and Local) 2. Schedule interfacing . -more convenient.and more accessible bus system. 3. Develop strategies to increase bus use. 4. Increase employers commitment to carpooling and bike commuting. -year-round maintenance . -increase sidewalks -create wider shoulders on roads 6. Monorail from Valley to Front Range. 17 Vail's Environmental Odyssey: The Next Generation 11. NEXT STEPS ~ - -This proceeding report provides the "raw" information from the search conference. Using this report; staff will begin preparing the Vail Environmental Strategic Plan. Additional input will be required from search conference"participants and other stakeholders to develop this plan. . Additionally participants in Vail's Environmental ®dyssey: The Next Generation have agreed upon the following actions: 1) Town staff will present this report to the Town Council and give them an update_on the Environ- mental Strategic Plan. . 2) Town staff will complete a draft copy of the Environmental Strategic Plan by the end of February 3) A public meeting will be held to discuss the draft plan once it is complete. 4) Staff will.. make make changes to the .plan based on the public meeting and prepare a second draft. Conference participants will be encouraged to sign the plan. 5) Staff will present the Strategic Plan to the Town Council. Participants will be present at the Town Council meeting to support the presentation of recommendations from this conference. 18 X G : C~~C ~ ~o 1 ~~13y AI Knight ballot: This one, called ERA, for Elec~~ Denver Post Perspective Editor tlUn Reform Amendment, , is aimed ive Douglas Bruce alegal - right at the secretary of state's office. loophole and he'll try to It would, among other things, repeal drive an election reform pe- most of the Meyer-sponsored revisions tition through it. adopted in 1989. These regulations, per- That may be the outcome of the lat- taining to the "manner and form" of est dispute between Bruce and his long- the initiative process, were almost all time adversary, Secretary of State Na-, restrictive. talie Meyer. Meyer, although she hasn't comment- Bruce, the well-known Colorado ed publicly, can't possibly harbor any ' Springs author of Colorado's tax-limita- . good will toward the initiative's author tion amendment, is trying hard this - year to get a new measure on the 1994. Please see INITIATIVE on 5D /c1 _ _ ~ f~ - . Bruce and his volunteers have been The issue is of considerable importance. y, ~ collecting new signatures in the mean- Bruce didn't collect enough signatures ' ~ i time, and he plans to submit them to to assure approval of his ERA petitions. make up the deficiency. Even as the secretary of state is coun- - { Meyer already has said she believes ,ting the original group, he is using the 30- the signatures now being collected can- i day verification period to add new names ! .not be submitted. and will use the 15-day cure period for the She says the state law permits propo- `same purpose. nents only a 15-day period in which to .State Rep. Charles Duke, R-Colorado collect additional signatures and that the j Springs, who sponsored the bill reinstitut- - clock doesn't start running until she rules ` ing a cure period provision in 1992, said he .there is an insufficiency. is "somewhat uncomfortable" with what Bruce points out that the law says no ~ Bruce is doing, but said he would expect such thing. ,that the new signatures will be held to be "This is what the disputed provision ~ valid. INITIATIVE from Page 1 D ~ says: Duke, who last week announced his can- "In the event the secretary of state is- didacy for the state Senate next year, said or its contents. Her office ruled that a sues a statement declaring that a peti- "The purpose of the law was to give some similar measure submitted by Bruce in ~ tion, having first been submitted with the ~ extra time to petition sponsors where they 1991 was 6,900 signatures short of the re- required number of signatures, appears were just short of the required number of quired number. Bruce fought long and not to have a sufficient number of valid ~ signatures. It -wasn't intended to permit hard and proved to the satisfaction of a signatures, the representatives designated initial insufficiency." hearing officer that Meyer had, in fact, by the proponents pursuant to the section ~ ~ . He went on to say, however, that the ex- tossed out more than 4,900 valid signa- ( 1-40-104 may cure the insufficiency by fil- I fisting law is silent on the point of when tures, but the clock ran out on him.'He ing an addendum to the original petition they may be collected. _ had to drop ERA, but ended up winning for the purpose of offering such number of Normally, courts look to legislative in- voter.approval in 1992 for his tax-limita- additional signatures as will cure the in- tent only if the plain language of the law is tion measure, Amendment 1. sufficiency." insufficient to determine meaning. This year he is back. Bruce has al- Notice, there is no mention of when the -Bruce, even if he gets his measure on ready had fights over the ballot issue's signatures may be collected. '_the ballot, faces an uphill fight to get it title. He has complained that it contained An earlier version of the so-called cure approved and is still looking for volunteers only 82 words in 1991 when the initiative period, enacted in 1983 and repealed in (ca11869-6306). The measure is fairly com- contained six elements, instead of its 1989, seemed to allow collection of new I~~prehensive and goes beyond revisions in current four. Nonetheless, the title he is signatures only during the 15-day period. the initiative process and deals with such stuck with this time is the longest in _ At that time the state law read: things as campaign contributions, politi- state history at some 233 words. It is a case the petition is declared insuf- clans' pay raises and use of tax money to sin le sentence worth of William Faulk- ~ g y ='tficient in form or number of signatures of 'campaign on ballot issues. ner at the peak of his literary powers. i :~;•registered electors, it may be withdrawn Meyer may find herself in an even more Bruce filed 52,000 petition signatures ' 'by a majority in number of the persons .difficult position. Nov. 19. Under state law, Meyer has 30 representing the signers of such petition She has awell-deserved reputation as days to verify them, and then must an- and, within fifteen days after the insuffi- being an enemy of the citizen initiative. nounce if Bruce has submitted the re- ciency is declared, may be amended or ad- . ~ ~ Her posture in this latest dispute is. con- quered number of 49,279. ~ ditional names signed thereto as in the sistent with that reputation. She herself is It is a certainty she will find an insuffi- first instance and refiled as an original pe- up for re-election next year, and if Bruce cient number. Bruce simply didn't file tition." succeeds in getting the ERA on the ballot, enough of a cushion to make up for even - That language isn't a model of clarity - and if Meyer decides to run, the re¢ulting a small percentage of invalid signatures. either, but it was certainly interpreted by campaign could be one of the most'bruis- The next round of the Bruce-Meyer all parties to mean that the cure period ing, but entertaining, political battles in war will begin when Meyer makes her was the only time in which additional sig- years. announcement that there is an insuffi- ;natures could be collected: ciency. ~~s•= ~e e4 T®1~V~1 ~F UAIL 75 South Frontage Road ~ Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 ~IIE®8~ ~®~i6S~~~ December 13, 9993 Contact: Suzanne Silverthorn 479-2115 V~l~ ~®~9~1 ~~UN~~~ ~81GtiLiI~HTS EF3®AA ®E~. ~ ~®r8~ Sessl®a~ Srlefs --Vail Valley Marketing hoard Contribution Peggy O§terfoss and Jan Strauch -will ask the Town of Avon to reconsider the decision to withdraw from the 1994 .summer rriarketing campaign.. If. Avon chooses not to .participate=.in a. fair-share formula, the Vail Council`will direct. the W~AB to create a campaign'fior the "Gore Valley." rthe Avon meeting is scheduled for Dec. 14. --Employee Recognition tYlark Benson, dire captain, was recognized. for 15 years of service, and was presented ~witli a check for X1,000. --Police Department Expansion Project Update Police Chief 4Cen Hughey reported-che $3.5 million project is on schedule. New construction is expected. to be completed by June. The crews wi11 then renovate the existing police facilities with completion expected by fall. --3rd Quarter Financial Report Finance Director Steve Thompson, announced that Real Estate Transfer Tax ~(Rt ~ ~ ) and sales tax revenues are exceecling projections for 1993. fE~se~aa~g Meeting ~r6efs --Citizen Participation _ In a symbolic move, the group opposed to the Trapper's. Run development presented a X500 check to the toxin and asked the money be designated for the purchase of open space. the money came from sale ofi. the group's "Save Open Space" t-shirts. In accepting the check, fi~ayor Peggy t~sterfoss called it a "unique experience." She - said she couldn't. recall when a group of citizens has presented money to the town . before. She said the gesture represented a desire .to create public-private partnerships to~ move fonAiard with the town's goals. (more) Town Council Briefs Add 1 --Final Adoption: of the Vail Cemetery Master Plan This was approved 6~1 with Jan Strauch voting against. Council members will encourage,the Eagle'Gore Cemetery District to explore additional funding options, following rejection of a mill Levy. increase in November. The master plan provides up to 980 memorial spaces to be used over the next 100 years. --Mountain Bell Property A :proposal by the Vail Housing Authority to rezone this parcel for an affordable housing project was tabled by the Council to February 1. --Leo Payne Rezoning Request The Council voted 7-0 against .this request on_ first .reading, :and directed staff to consider increasing lot size requirements and/or placement of. a moratorium on _ .subdividing` existing lots ,until an. updated land use plan is in place. There are :.apparently 28 other lots iri town which could be impacted by this action. For more information; contact I<ristan Pritz, Community Development Director at 479-2140. --lntergovernm.ental Agreement for Animal Control Services The Council voted 7-0 to approve a resolution for animal control services provided by Eagle County for $25,700 in 1994. # # # ~e4 TOi~VN OF VAIL ~ 75 South Frontage Road Department of Community Development mail, Colorado 81657 303-479-2138/ 479- 2139 FAX 303-479-2452 December 9, 1993 Ms. Cathy Shipley Field Representative Department of Local Affairs P.O. Box 2308 Silverthorne, CO 80498 FAX 468-1208 Dear Cathy: As we discussed on the telephone earlier this vdeek, I would like to formally request that the State of Colorado Department of Local Affairs extend the $300,000.00 grant to the Town of Vail to be used in 1994. We understand that the grant will need to be used in conjunction with a housing development to pay for public improvements. On December 2, 1993, the newly elected Vail Tawn Council met with the Vail Housing Authority. During the discussion, the two boards came to a consensus regarding a site wriich could be used for employee housing. Staff refers to it as the Vail Co.rnmons site. After this most recent conversation tivith the Council, the Housir~g Authority believes that the site can support a successful housing project. On Tuesday December 7, 1993, the Vail Town Council officially voted to reprioritize the Community Development Department's work schedule for 1994. Up anti! the December 7, 1993 meeting, the Community Development Department had allocated approximately $150,000.00 and a significant amount of staff time to work on an update to the Tcwn's Land Use Plan. The Town Council voted to redirect those funds and that time to master planning the West Vail area which includes the Vail Commons site. It is the intention of the Town Council and Housing Authority to address several design and planning issues regarding the West Vail commercial area, and to include a significant housing project on the Vail Commons site. Ms. Shipley December 9, 1993 Page Two If you have any questions about this or need any additional information about our projects, please do not hesitate to call me at 303/479-2138. Thank you very much for your consideration. Sincerely, Andy Knudsen Senior Planner xc: Vail Town Council Vail Housing Authority SENT BY:EAGLE COUNTY ;12- 7-93 ; 17:24 3033287207-' 3034792157;# 1J 3 ---ti K, ~®CBPiIb®P ~ 9Q/3 ~ .l CAGIf i:l)fIN1Y QUIIgINci • 551 RRLIAI~WAY OFFICE OF iHF ~ , 4 P.O, mix 850 BC)ARb bF COMMISSIONED KAI~.E, CI~LORAI)Ci S 1631 (363) 38.8605 `~,~k";'•. ~ hAx: {303) 328.78)'/ ~~E~~~ ~ ~1~~~~~f~ ~~~~TB~~ 1 ~ 44 i! o i1 i} it fs 53 ~ # $ tY f} fr iP fA iF iF tr tr; :9.~~#, SF- q # {l tr ~@ ~ ~@ ft iF iT i6 ,t i0 ft iF ~~:f~®- ~~:~Q~ ~Cb~t=L ~F~~gt7~!• _•~8lEFi~b_~' b.~~t~~TE nAeofthaHolyCroaaRaom Jack ~•~:.~-CVVI$, County i<flanager 1:~~ - ~ ~:~Q$ ~()b~~ ~~SSHDf~` ~ 1~bTA1~16~~ b_blFbts,~Vbt~~ not of tha Holy crass ~ James fi.. ~ritze, Ct~unty Attmrney i. 'b~:~®- ®1a~~D ~~~Cli$ - lEb.f~C~~~..®FFbCBAb_~ i. , . - V1~Yt7b~l~ ~b:~~b~~ = i~~~~"0f~9C~S; ~?~t'~fil~7~® IWt of the Holy Croaa Room , ~s ~a ,fie , Ea~1v County Ftvum Rama of a routine and non-COntrovaral&1 natiue era Placed on the cbneant calendar to allow t8e Board of caanty Comm1661oltera to epend its time and energy vn more importantiterm on atenafhy opvnda. Any Gommiccioner may roquostthat an item 6e'RERNOVED• iromthe uonaunt calorular and canaidarod soparataly. Any rtromRbm of tjhpo~pgunbpliyc~nmay °REQUES7' any item ha 'REMQVED' Irom the Consent Agenda 1 e ~i~i. b~P1 ll Idtl~U Y~ Linda ~ankuch, ~4cceunting fl~ark Silv~rthgrn, Controller ~C'~bQV~9: Appra~val subject to review by the County ii/danager. C:1VJP51\DDCS\DECEI3.AGE , ei• t . SENT SY~EAGLE COUNTY ;12- 7-93 17 25 3033287207-~ 3034792157;# 2/ 3 M11~UTEF Fl~~ ~C~'C13E1$ ~5 - i~~VEI~ISER 7 S, "D~~~ Sara Fisher, Gierk and t^iecorder ~~ll'd~i~a Consider approval, C®IUI~I~'`1( VETE~~1S SEI~V@CE ~O=F{CE6~' S MCN~&~L~ [~It:P(~E~~ ,~fil® CEF~TIFICATI~~1 ~F t~~Y FCI~ 6~~~lEl~i~E~ Jacit Johnson, Veterans Service EOfficer ~~'~'iI~R9: Consider approval. ~~e ~1 ~ - ~~o~~ G~. I~IESClLO.iJ~'8~i~ ~LDTf?~CF[IZ16~K~ Tl~E SEC~~I~ E?{TENS@~lNI Eaplo Countb Room CF ~'lt~E SUSl:99llEES1~~9 II~PR®ViE[~EN~'S AGF[EEiYIEI~'~ ANA fP~t~~'~~?L 6~i5LEASE ~F cGDLLATEFiAtL (i:0~ ME;[~~Rl~lf ~1C1=tE~/i~9~'n"~"1R1~~~~ ~~~Cl~ ~Clyi~~?~l~f Larry Metterniclz, C®unty Engineer ~CVB~~I: Cen~ider approval.:,: ~~jj ~~//44}n~ pppp p~ .5.~ ~~!~-g~~ ~p ~g ~'f r ~{~a ~ yp® ~y y-y~ ~'p tII,, ~'~$I~IEE{M6i°i~~- I~G 0 9tN E~0Y~1 EIF9q~l~IG '~p~V6tl~ L , S E 9-@~~ yd~iF C~L~~I~C ~l~p ii$4~4RI~1~ FCI~K'11'R~iVSI~ A~ENC~ FAR ~4~~LBC'TR~i~S1~01~~'A~'1~~3 SERV6CES 'E'8~ ~SADv'1• ~Nl~ E9. .DESEL James R.. ~ritze, County 64ttorney ~C'V'8C6~a Consider ap~roval_, 4. ~C. 1$E~EMi~'~1~~ ®F"ERFi<~~IE~US 'Q'om SALI~ t~El~T6Fl~~'il'ES 1Caren.Shea~~er, deputy Treasurer rl~C;~i'~C?~9: Consider approval:°. , [~o I~E.SCQ..UT8C~1' ~~d3AtiiDlluQ ~'tiE C~I~ISC1RTl~lt~ ~CC~'iEkkl FQR Clf3O~N~ VIR~~tI~SP~$!ri'~"~F,'i<'9~~1 ~ROl~1LDl=ifiS fan Reynolds, ~.irport Manager t~C'6'6~D~4: Consider approval. • ~~:~C11 - ~D~'~b~ RFSC3~..~~~9 ~C~N~ERIlklill~ "~i•8f5 ~5~. FBSC~~ ~~91]~EII' Ewple County Room M10_L Q.E~~ , Allen Sartin,~Finance 17irector ~CT8~6~4o Consider approval. • ; ~?laE~~l~l`ttle~Tl~~ ~~SCAL ~EA~ A~l~ A4~UU~U-UCZ'RI~6f~~ 'THE '~1~A6~SFEl~ CG= SU~~E~Ei~ M~fildES SISTUi~EE~1 V~Fi9~Yfl.8,S SlaEi~~ld~~ ~t~EtVCIES Allen Sartin,'~Finance Director . ~C'lf'ifCl@l: Consider approval. , ' I . ,f C:~UVPSI~000SWECE73.AGE ~ f, ._I I • < • . , . ~ SENT BY~EAGLE COUNTY ;12- 7-93 ; 17 25 ; 3033287207 3D34792157;# 3/ 3 ~3:~~ - ~Q$~~'€i:~Ei~~' D-D~~FiDIVf~S - Ea~1e County Anam i). ~es~le f~irsg f~stior~~l ~so~k S~~~gqhe~~duleg~nqqu~~ggm~~gqber %~pp2~~1~, eey~yy~~~~~-s~/2, ~y~~, ~2~~g/~@5- QaA..9®V®p aim`~P'gqVy'~~/~4p ~a4~Q g79J~ 6 ~'aBiL~ A ~r ~~J1d~, +7~9~~, ~T~O~~ ~G~DGb~I: consider approval. , Dl. ~silOraterroaticnal 5chedu8e number 3®~~~ ~G~C~Jo Consider approval. DID. D~oa~~las D~. ~lhite Schedule number ®~~4~9 ~C'D'AGdm: Petltlaner ha$ requElsted #n reschedule D~. D~Dailap ~ ®eb Sohechier Schedule number 'I~S~~ ~G~D~D6~1: Consider appeay_at,,,.,,, (me9phoro~ 14h, ffA~t~prsoen Schedule numkaer IP~~~~~~1 s~G'D•DC)fi~9: ~ansider approval. ~~:3~ - ~~:~Q~ D~DSCi.9SS8®ft~l = D~EGe~?I~I~Dh9~ D~1=QUEST D3~ ~~ibTER~ EepleCounlyRoum i~C~~~i# ~®~9~TT~ AI1~lSU~o4R~(:E ~BiISTlR9~"1' ~E~S~ (p6~~~ED~~f C=D~~.fllli, , ~~~fE CC9JieIT1( D~ae ~o$s;' l~istriGk president, V11ECd4C ~C~tDC~l: Gonslder app'r+~val i' ~ ~ ' iEr~t® Gwnty Room Y ~ ~ ~ f' . ; . li f .i . s . ip ~ i . . .,I ~ i ~ r i I~ THE NEXT MEETING 4F THE EAGLE COUNTY CQNWOSSIONERS W!LL BEHELD ON DECEAABER 14, '1993 THtS AGENDA IS PROVIDEb ft3R WF4IUNATI4NAL PURPOSES ONLY • ALL TIMES AflE /1PPROxp1AATE. THE ROARS WHILE !N SESSION MAY CONSIDER OTHER fTEMS THAT ARE BROUGHT BEFORE IT. G:1YVp6116dCB1GECE13,AGE ~ , , ~3U~~LS72U7-i ~ui~~t r a~tv r r m i t 1 i vuv/,t„- ua ~a..aul..l.: liVUlva a i 1L- i5'7i3 i 11]~'lU i , e , , I ~ V ' V ~ V ~ V^"- • ~GLE C:UL1NiY BI I ILC~INC OItICE OE IHE 500 tfICUAPWAY C.Ul1NTY MANAtitSt P.ry. 1tUX R50 (303) 328•$605 ~ El1Cdt, CULCI1.AUO $1631 UA50 FAX: i3AA) 92II-77.o'/ %T' r~ ~1L't1tY1l tL/ 9C~CD; The FI'or?orable Larry ~ottlieb,..iViayor of Basalt The ~ionorab]e Dan Lister; 1~laymr of Gypsum The I~onorable William Cunningham, Mayor of l?agle The fonorable ~?lbert l~eynolds, 1vlayor of Devon The Honorable Peggy Osterfoss, ]Mayor of iTail 'D'he Honorable Ernest Chavez, :1lfayor of 1lRinUEen the Fonorable Barbara FYesquez, Mayor of Rcd Cliff IE'~~Ii/Is Jack I?. Lewis, County 1vlanager YJ~~'IEs Des~mber 8, 1993 • ~Eq I~~~ ~'d~l~l~I~ItT.~'Il`d4l~i C~MlTEIv M>?I~T~T~ ` ~ behalf of the Mass Tran,~.,~~ation Committee, I would like to invite ybu to the next eransportation meeting. The committee would tike to meet with you t® e>cplore common goals relating to transporti~ion in your towzl. ,~ilI1~,B~4 f! ~y ~o~ ~oBiDo ~o lo~u~9 Confea~ace ~~m~ of tlae Eagle Co~,aty Btaaldii I~a~?e, tC~ t']case d>~S'~P to •Frances at 328-8bt)S ray .l~aratlcay, ,~taa~ra~ f9S~. We varifll provide ~fZ~ for @beryone° t - ' C;c; V3iI1 smith, Traxlsgortation Committee Chairperson ie e4 T®~l ®F VAIL - 75 South Frontage Road fail, Colorado 81657 303-479-2100 FAX 30~®~ ~12VIIIIAE®9ATE ~E~~~~C~ December 13, 1993 Contact: Suzanne Silverthorn 479-2115 I~®1A/t~? ®E VAIN SE~E~T~ EAA~~,®YEE e®?IV® StJPER~/f5®R TFiE YEAR (Vail)--Carmen Slagle and Steve Thompson are the Town of Vail's top employees for 1993. The two were selected by their peers from among 12 finalists. Slagle, the town's personnel analyst, was named employee of the year, while Thompson was honored as supervisor of the year. Thompson is the town's finance director. The awards were presented at the town's holiday party, Dec. 10, continuing a tradition that began in 1974. The recognition caps a busy year for both recipients. Slagle's workload increased ten-fold in 1993 with the recruitment of four key staff positions: the town manager, town attorney, town clerk and community relations offiicer. The town manager position, alone, generated nearly 900 applications. In their nomination, co-workers described Carmen as a "constant pleasure with whom to work; highly capable and professional; a valuable team member; and a treasure for the Town of Vail." Slagle has been employed by the town since 1990. Her husband, Bob Slagle, is director of Animal Control for Eagle County. (more) TOV Employees of the Year/Add 1 Thompson also was credited with taking on additional responsibility this year. After being promoted to finance director in October, Thompson directed adoption of the 1994 annual operating budget, while taking on additional responsibilities in the areas of staff pension, insurance programs and computer operations. Acknowledging those additional duties, co-workers also praised Thompson for taking on the responsibility of becoming a better supervisor. "He has learned the basics of being a supervisor and taken it further by letting his employees take on more responsibility," stated Thompson's nomination form. "Total G~uality Management seems to have already started in the Finance Department. He allows and encourages his employees to learn and do more for themselves in almost all aspects of the decision making." Thompson supervises a staff of 10 in the finance and data processing division. He's been employed by the town since 1987. He and his wife, Laurie, have two children, Molly, 3, and Tyler, 6. # # # RECEIVED :.'~C 1 0 1993 LAW OFFICES DUNK, ABPLANALP &CHRISTENSEN, P.C. A PROFESSIONAL CORPORATION JOHN W. DUNN VAIL NATIONAL BANK BUILDING TELEPHONE: ARTHUR A. AB PLANALP, JR. ALLEN C. CHRISTENSEN SUITE 300 (303) 476-0300 DIANE L. HERMAN 108 SOUTH FRONTAGE ROAD WEST TELECOPIER: ROHN K. ROBBINS VAIL, COLORADO 81657 (303) 476-4765 SPECIAL COUNSEL: JERRY W. HANNAH December 9, 1993 Town Council of the Town of Vail Vail, CO Res Ordinance 34, Series of 1993, res rezoning Lot 1, Block Vail Village 3rd Filing Opposition by Mr. ~ Mrs David Ransburg. Dear Sirs and Madams On behalf of my clients, Mr. ~ Mrs. David Ransburg, thank you for your contentious, even-handed deliberation, your thoughtfulness and patience. I look forward to working with you again. Sincerely, ®UNN, ABPLANALP & CHRISTENSEN, P.C. lc. Rohn IC. Robbins RKRsrr ia.~~f ~s ~h 6 ~ W ~C06 FROM RED TAPE TO RESULTS 6 r ~i 6 ~ i ~ : -r~-- - ~ -v ~ 0 0 O~ ~e ~vl ~IltC~ ~>r~Ild~Ilfl~ A~ ~r~~~ . September 7, 19)3 1 ' ~ t , CUTTING RED TAPE ~~~x~~ ~o ~v~ hat .ve usually call writing and reviewing grant applications, "government" is, in fact, a filling out Forms, checking on each ocher, tangle of different levels of and avoiding oversight. In This way, government agencies-some run from professionals and bureaucrats siphon money Washington, some in state capitals, and From the programs' intended customers: some by cities and towns. In the United students, the poor urban residents and States, in fact, some 80>000 "governments" others. And states, and local governments run everything from local schools and water find their money fragmented into hundreds supply systems ro the Defense Department of tiny pots, each with different, often and o~~erseas embassies. Few taxpayers contradictory rules, procedures, and differentiate among levels of government, program requirements. however to the average citizen, a tax is a Henry Cisneros, Secretary of Housing rut-and aservice aservice-regardless of and Urban Development, likens federal which level of government is responsible. To grants to a system of pipelines spreading our reinvent government in the public's eyes, we across the country. The "water," says must address the web offederal-state-local Cisneros, reaches stares and localities relations. Washington provides about 16 percent of the money char scares and localities spend ~~T and shapes a much larger share of such VV ere we directed from Washington when to spending Through mandates. Much of ,sow and when to read, we should soon want for Washington's domestic agenda, $226 billion bread ro be precise, consists of programs actually run by states, cities, and counties. But the Thomas Jefferson federal government doesn't always distribute 182G its money-or its mandates-wisely. For starters, Washington allocates federal money through an array of more than 600 different grant programs. Many are small: through hundreds of individual pipelines. 445 of them distribute less than $50 million This means there is little chance for the a year natiomvide; some 275 distribute less water to be mixed, properly calibrated co than $10 million. Through grants, local needs, or concentrated to address a Congress funds some 150 education and specific problem, geographic area, or training programs, 100 social service population. programs, and more than 80 health care In employment and training, for programs. example, Washington funds training Considered individually, many programs, literacy programs, adult categorical grant programs make sense. But education programs, tuition grant together, they often work against the very programs, and vocational education purposes for which they were established. programs. Different programs are designed When a department operates small grant For different groups-welfare recipients, programs, it produces more bureaucracy, food stamp recipients, displaced not more services. Thousands of public homemakers, youth in school, drop-outs, employees-ar all levels ofgovernment- "dislocated workers," workers displaced by spend millions of hours writing regulations, foreign trade, and on and on. 35 ` FROM RED TAPE TO RESULTS ~ CREATING A GOVERNMENT THA1' WORKS BETTER SC COSTS LESS At a plant in Pittsfield, Massachusetts, large layoffs. Yet even EDWAA's most General Electric recently laid ofl= a large Flexible money, the "national reserve fund," group of workers. Some workers could get has become so tangled in red cape that Trade Adjustment Assistance benefits, many states won't use it. As Congress's because their jobs were lost to foreign Office of Technology Assessment put ir, competition. Others could nor; their jobs "the process is simply too obstacle ridden.... fell to defense cutbacks. Because they have a many state EDWAA managers cannot union, people working in one area began handle the complexities of the grant exercising their seniority rights and application, and those that do know how bumping people in other areas. Some are too busy responding to clients' urgent workers bumped from trade-affected jobs to needs to write demanding, detailed grant defense contracting jobs, then lost those a proposals." few weeks lacer. Under federal regulations, When Congress amended JTPA in 1993, they could no longer get Trade Adjustment targeting more funds to those with Assistance. Thus, Friends who had spent "multiple barriers' to employment, years working side by side found themselves homeless advocates thought the change with very different benefits. Some got the would help their clients. After all, who has standard G months of unemployment more barriers to employment than someone checks. Others got 2 years of without an address or phone number? But unemployment checks and extensive the new JTPA formula also emphasized retraining support. Try explaining that to training over job search assistance. So a local people who have lost the only jobs thevve program in W;tshingron, D.C. that had ever held! won a Labor Department award for placing People who run such programs struggle 70 percent of its clients in jobs-many of ro knit together funds from three, four, or them service sector jobs pavln~ more than five programs, hoping against hope that the minimum wage-lost its JTPA funding. workers get enough retraining to land Why? It didn't offer train_ ing. It just helped decent new jobs. But the task is difficult; the homeless Find jobs.i each program has its own requirements, But federal programs rarely focus on funding cycles, eligibility criteria, and the results. As structured by Congress, they pay like. One employment center in Allegheny more attention to process than outcomes- Counry, New York, has tried hard to bring in this case, more to training than ro jobs. several programs together and make them Even in auditing stare and local programs, appear as seamless as possible to the federal overseers often do little more than customers. At the end of the day, to check to see whether proper forms are filed accommodate reporting requirements, the in proper folders. staffenters information on each customer at The rules and regulations behind federal four different computer terminals: one for grant programs were designed with the best Job Training Partnership Act (JTPA) of intentions-to ensure that funds Bow for programs, one For the JOBS program, one the purposes Congress intended. Instead, For the Employment Service, and one for they often ensure chat programs don't work tracking purposes. as well as they could~r don't work at all. When Congress enacred JTPA, it sought Virtualh' every expert with whom to avoid such problems. It let local areas we spoke agreed that this system is tailor their training programs to local needs. fundamentally broken. No one argued for But federal rules and regulations have marginal or incremental change. Everyone gradually undermined the good intentions. wants dramatic change-state and local Tide [II, known as the Economic officials, federal managers, congressional Dislocation and Worker Adjustment stall-: As in managing its own affairs, the Assistance Act (EDWAA), helps states federal government must shift the basic respond immediately to plant closings and paradigm it uses in managing state and local 36 E CUTTING RED TAPE affairs. It must stop holding programs accountable for process and begin holding Them accountable For results. ~ ometimes we need to start out with a blank ° The cask is daunting; it will take years slate and say, "he}s we've been doing this for to accomplish. We propose several the last 40, 50 years. It doesn't work. "Let's significant stepson the journey: throw out everything, clear out minds...Lets ° Establish aCabinet-level Enterprise have as a goal doing the right thing for the Board to o~•ersee new iniri:trives in right reasons, even if it entails taking risks. communi~• empowerment; Vincent Lane, ° Cut the number of unfunded mandates Chairman, Chicago Housing Authority, that Washington imposes; Reinventing Government Summit Philadelphia, June 25, 1993 ° Consolidate 55 categorical grants into broader "flexible grants," ° Increase state and local flexibility in rather than "top-down" requirements. It will using the remaining categorical grants; focus on the administration's community empowerment agenda, beginning with the ° Let all agencies waive rules and 9 Empowerment Zones and 95 Enterprise re~tilations when they conflict with Communities chat passed Congress as part results; and of the President's economic plan. In participating communities, for ° Deregulate the public housing program. example, federal programs could be consolidated and planning requirements The likel~• benefits are clear: could be simplified; waivers would be administrative savings ar all levels; greater granted to assure maximum flexibility; flexibility to design solutions; more effective federal funding cycles would be concentration oFlimited resources; and synchronized; and surplus federal properties programs that work for their customers. could be designated for community use. Action: The President should establisli ~4C1<lOt1: Tlie President should issue a a Cabinet-level Enterprise Board to directive limiting the use of unfunded oversee neru initiatives in community mandates lry the administration.¢~ enrpowennent.48 As the federal deficit mounted in the The federal government needs to better 1980s, Congress found it more and more organize itself co improve the way it works difficult to spend new money. Instead, it with stares and localities. The President often turned to "unfunded mandates"- should immediately esriblish a working passing laws for the states and localities to group of cabinet-level officials, with follow, bur giving them little or no money leadership from the Vice President, the to implement those policies. As of Domestic Policy Council, and the National December ] 992, there were at least 172 Economic Council. separate pieces of federal legislation in force The Board will look For ways to that imposed requirements on stare and empower innovative communities by local governments. Many of these,. such as reducing red tape and regulation on federal clean water standards and increased public programs. This group will be committed to access for disabled citizens, are solutions that respect "boaom-up" initiatives unquestionably noble goals. 37 t FROM RED TAPE TO RESULTS ~ CREATING A GOVERNMENT THAT WORKS BETTER SC COSTS LESS But the question remains: How will state create a forum in which federal, state, and and local governments pay to meet those local officials could develop solutions to goals? We recommend that Congress refrain problems involving unfunded mandates. from this practice and char the President's directive establish that the executive branch AC4'tOn: Consolidate 55 categoz7cal giant will similarly limit its use of unfunded programs with funding of $12.9 billiozz mandates in policies, legislative proposals into six broad flexible grants"-in job and regulations. training; educationz, water quality, The directive would narrow the defense conversion, ezzvironznezztal . circumstances under which departments management, and zzzotoz•carz-iei•safety.'0 and agencies could impose new unfunded burdens on ocher governments. It also This proposal came from the National would direct Federal agencies to review their Governors Association (NGA) and existing regulations and reduce the number National Conference of State Legislatures of mandates chat interfere with effective (NCSL), which describe it as "a first step service deli~~erv. OMB's Office of toward broader, more ambitious reforms." Information and Regularon~ Affairs (OIRA) Ir would consolidate some 20 education, should review all major regulations or employment and rr;ining programs, with a legislation proposed by the executive branch combined $5.5 billion in fiscal year 1993 for possible adverse impacts on states and spending; roughly 10 other education. localities. Finally, OIRA's director should programs ($1.G billion); 10 smell ~®w il~uch ~f®a~ Gel f®r a ~ 983 boy®~a~ ~jhat does the price of a used car have to under Aid co Families with Dependent ~'f do with the federal government's family Children (AFDC) does nor own a car worth policies? more than $1,500 in equity value. To give a More than it should. Caseworkers employed poor family food stamps, it must verify that the by state and local government ro~work with family doesn't own a car worth more than poor families are supposed to help those $4,500 in market valise. Medicaid specifies.a families become self-sufficient. Their job is to range that it allows for the value of a recipient's understand how federal programs work. But as car, depending on the recipient's Medicaid it turns out, those caseworkers also have to category. But under food stamp rules, the car is know something about used cars. Used cars? exempt if it is used for work or training or That's right. Consider this example, recounted transporting a disabled person. And under to Vice President Gore at a July 1993 AFDC, there is no exemption for the car under Progressive Foundation conference on family any circumstances. policy in Nashville, Tennessee: Recounting that story to a meeting of the Agencies administering any of the federal nation's governors, the Vice President asked this government's programs for the poor must verify simple question: "Why can't we talk about the many details about people's lives. For instance, -same car in all three programs?" they must verify that a family receiving funds 38 a ~ CUTTING RED TAPE environmental programs ($392 million); thorny political problem involved in six water quality programs (S2.6G billion); consolidating 600 grant programs, . and six defense conversion programs reconciling thousands of rules and (5460 million). regulations, and anticipating every possible instance when flexibilin~ might be necessary. ~,Cflon: Congress should allow states and It puts the burden of identifying obstacles localities to consolidate separate grant and designing the best solution where it programs from the bottom ups belongs-on those who must make the programs work. Recognizing the political and administrative obstacles to wholesale reform ,4Cfion: Give all cabinet secretaries and of more than 600 existing categorical grants agenry heads authority to grant states and in the short term, the National Performance localities selective waivers from federal Re.~iew focused on an innovative solution regulations or mandates.5z to provide flexibiGn' and to encourage resirlr-oriented performance at the scare and local levels. Our proposal calls for Congress to he National Performance Review u not authorize "bottom-up" grant consolidation intended to be the final word on reinventing . initiatives. Localities would have authority government but rather a first step. This long ro mix funding from different programs, ~~~irh simple notification to Washington, overdue effort will require continuing ~~~hen combining grants smaller than ~ ] 0 commitment from the very top to truly change mi{,lion each. For a consolidation involving the waygovernment does business. am' program funded at more than 514 million, the federal awarding office (and U.S. Rep. john Conyers (D. Mich.) scare, if applicable), would have to approve August 28, 1993 it before implementation. ]n return for such consolidarion,•the stare and local governments will waive :ill but one of the programs' administrative payments From For federal grant programs to work, the federal government. managers must have flexibility to waive When different grants regulations rules that get in the wav. Some departments conflict, the consolidating agency would have this authority; others don't. Federal select which to follow. States and localities decisions on most waivers come very slowly, that demonstrated effective service and states often must apply to a half-dozen integration through consolidation would agencies to get the waivers they need. receive preference in future grant awards. Florida, for example, has atwo-year waiver Each of the partners in the allowing it to provrde hospice care co AIDS intergovernmental system must work patients under Medicaid. Its renewal takes collaboratively with others-federal, state, 18 months. So state officials have to reapply and local-ro refine this recommendation. after only six months. Waiver legislation The details of this proposal will be should grant broad waiver authority, with negotiated with important state and local the exception of fair housing, non- or~anizations, such as the NGA, the NCSL, discrimination, environmental, and labor U.S. Conference of Mayors, and the standards. We will ask Congress ro grant Narion:>J League of Cities, before legislation such authority ro Cabinet officers. These is drafted. Bottom-up consolidation will be waivers, should be granted under limited given a high priority by the administration. circumstances, however. They must be Ir represents a way ro improve state and time-limited and designed to include local performance without cackling the performance measures. When each 39 i . FROM RED TAPE TO RESULTS c CREATING A GOVERNMENT THAT WORKS BE7'7~ER & Cos rs LESS experiment is concluded, the granting organizations to create innovative new agenry should decide whether the new way models to serve low-income people. of doing things should be included in HUD recognizes that local authorities standard practice. with proven records of excellence can serve their customers far better if allowed to make R?CfiOtl: Give cont~•ol of public housing their own decisions. We and the secretary . to local public housing authorities with recommend that Congress give HUD histories of excellent management and authority to create demonstration projects substantially deregulate the resz53 in which local housing authorities would continue to receive operating subsidies as Public housing is a classic story of good long as they met a series of performance intentions gone awry When the program targets, but would be free from other HUD began in the 1930s, it was hailed as an control. Individual demonstrations could enlightened response to European vary, but all federal rules would be open for immigrants' squalid living conditions in . waivers as long as HUD could measure cities across the country. Through an performance in providing long-term, enormous bureaucracy stretching from affordable housing to chose poor enough to Washington into virtually every city in be eligible for public housing. America, the public housing program In addition, HUD should work closely brought clean, safe, inexpensive living with local housing authorities, their national quavers to people who could not afford organizations, public housing tenant them otherwise. organizations, and state and local officials t0 Now, however, public housing is even eliminate unnecessary rules, requirements, more troubled than our categorical grant procedures, and regulations. In particular, programs. With its tight, centralized HUD should replace its detailed control, it epitomizes the industrial-era procurement and operating manuals and program: hierarchical, rule-bound, and design and site selection requirements with bureaucratic. HUD's Washington, regional, performance measures, using annual and local offices rigidly control local public ranking of local housing authorities to housing authorities, who struggle to help encourage better service and greater • the very poor. accountability. It should eliminate the Frustrated by the failure of public annual budget review, an exercise in which housing, innovative state and local HUD field staff spend thousands Of hours governments began to experiment with new reviewing and approving derailed budgets models of developing, designing, financing, from local housing authorities -even managing, and owning low-income though the reviews do not influence Feder<~1 housing. Successful efforts tailored the funding decisions. And it should work with housing to the characteristics of the Congress to change airrent rent rules, surrounding community. Local public which create strong incentives for people to housing authorities began to work with move from public housing as soon as they local governments and non-profit find jobs. 40 ~ CUTTING RED TAPE r ~ he changes described above are massaged to death, or reversed beyond ambitious. Thev will take enormous recognition or usefulness by the overlayered effort and enormous will. It will be structures...."54 many years before all of them rake root. But But the changes we propose will produce if thev succeed, the American people will their own momentum to overcome have a government capable of attacking bureaucratic resistance. As the red tape is their problems with far more energy, and far being cur, federal workers will become more less waste, than they can today imagine. and more impatient with the red rape that We must move quickly because the remains. They will resist any reversal of the bureaucracy-, by its nature, resists change. As process. And they will be strengthened in Tom Peters wrote in Thriving on Chaos, their resistance by the steps we propose in "Good intentions and brilliant proposals the next chapters. will be dead-ended, delayed, sabotaged, 41 e~ ~ t. r v order Proceesing Code: Superintendent of Documents Order Form char9® youvorder. lYs easy) ~ 'Il'® ~c y®oaa mt;decs (202) 512-2250 ? please send me copies of Ned®~H IPeaf®aee~nse ~ter®ea~ ®de8vaev~, S/IV (140-~0-00592-7, at $14 ($1750 foreign) each. 'The total cost of my order is $ .Price includes regular domestic postage and handling and is subject to change. ]Pte~se c m~tl~ eff payateaa~ ? Check payable to the Superintendent of Documents (Company or personal name) (Please type or print) ? GPO Deposit Account 1I I I I I I I- (Additional address/attention line) ? 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TFIB WH%d~ Ii~U~I~, . ®C~tober 8B, Y~~3o d ~ ~ •j R=96% 10-26-93 12:35PM P003 #25 1 _ FNmAY, Sari 1T, I99S • • • a • . ~ '1'FiR WASgI e, t. ~ft3 III~ID~E~EI~YD ~ I~E~~~PA~E1~ ~ • 0 .~~~r ~ ire R:rats,EA1T Clinton agent 12 years a® Ar• to be able to turn over ti,.>.L at ~ public pausing kaasas' chief executive and was a leader in project® to local housing authorities with records the National Governors Association, where of good management. ~e won his reputation ae a policy maven. 'fhe e@'hrle mote fle~'bility for the states is in principle gevernors are very sErioa® about the detaa~s a: a good Idea, advocates for various causes--~espe- public policy, since they end up having to admin~ ciailyfor increased asaistaace to the poor-always Peter assay of the things BPashingtoa dreams up. . v.,,,.y that looser federal mandates wi}I make it ~vernora are thus gives to a good deal of. Basler fa g,,.~„aora sad state legislatures to move. ~ipatieuce with Congress for mandatlag pre mosey away from constitueaaes that lack political teams on the states without providingthe raortE-, clout. The Gore report claims the federal govern- t~ay :for them. meat could save $3.S billion by allowing state anti The report of dice President d3ore's National local 8..,~:......PUt to coaeolidate ,.a.~rs programs rmanCe Review was yet another rea23nder is exchange for a art in federal funch provided to 'that IVir. Clinton hasn't 2~,..e,.;.~sn his frlearib administer them. But the Center oa Budget and mmrong the governors. The report is full of Policy Priorities has exisressed a worry that if the j ~gggestioas that governors love. Far example, it administrative savings proved smaller than the ' wrould consolidate 55 federal programs worth amount of toet federal toads, dais i"~w~ could .$12.9 biIlion into six'~lexible grants.° The idea is acrilalty force arts in programs for the needy. to give states mars freedom is the use of federal The9e are all.isauea tha# should be pur~aed, but at funds. The roan„ ~ also -suggests more aathority lit the d t offers. a ebance for a realissticc debate for Cabinet secretaries and agency heads to about how federalism shouki work. In the past, that ~vaaive various federal rules and mandates at the subject has tao often been distorted by political ~equese of the states. As an example of the imperatives, Republicans may be devoted, as they problem it is trying to solve, the report noted say thep are, to the, cause, decentralimtian and that Florida has won a two-year #ederal waiver to increased power for the stag But in the Reagan '(iermit it to use A/ledicaid funds for hospice car.; -era, thoy all too often used "federali.~sn" as a cover ftlr AIDS patients. Since getting the waiver fOr simply sitting federal funds and letting states r,xuewed currently takes 1S months, Florida will fend far themselves. rigr. Clinton is obviously ao ltaye to reapply for rile ~«,~r attar the airrent enemy of federal spending, yet he also believes Ia program is only six months old. giving more authority m the states. This gives him a ' ~'he report also includes the standard call for chance to get Congress and the nation`s governors limits on unfunded mandates. And it wants the talking plainly to each other about just haw many •Departmeat, of Housing and Urban Development strings ~ashuagtoaa needs to attach to its momey. ' \ i a GEORGETOWN Bcnwn sold 'most Ic saw it as a C ~ PCOP Benson said thaeo ta.~c, whleh have to 'ihcsc costs arc cxpoctcd to be SR00,000 The county will have two use-tax qucs• new tax and didn't understand it and what be conducted for the next 20 years, will to 5900.000, Benson said. lions on November's ballots. it was being proposed for. cost from $3S,(X)D to 336,000 a year -the 71tc motor vehicle tax, if approved by Revenue raised from these texts will go The first qucsuon world impose a 1 pcr• rcet of the money will have to be found volcrs. will raise approximately S 125,000 to pay for mandated testing and closure cent taz on building materials that arc within the existing budget. a year. This tax would be rescinded after costs for the Idaho Springs and Empire bought outside of the county and shipped Benson said that, when the tests arc the closure coats were met, Benson said. ir>,sidc. complcoed, the tax will be rescinded. According to Benson, money for these ~ , landfills, according to County Ad- gcnson says this Lzx will raise about The second ballot question would Icvy a Projects will have to come from some- ministratorlack Benson. S2S,000 to 530,000 a year. These revenues 1 percent tax on motor vehicles purchaccd w'hcrc• if the measures arc not approved by The two measures were on last Novem- will be used to pay for required monitoring outside the county. These revenues would voters, the money will have to come from tier's ballot as a single question, but failed of groundwater conumtnation around the be dedicated for reclamation and closure the regular budget at a cost of decreased to pus. EmPtrc a//nd Idaho SD~ngs landfills. casts of the landfills. services. r-.•. _ D q s -..r4 ! ,y lass st, 1 ?ly Annette lio~vin Americans ignited a revolution replaced by dictates Crom Wash- :ere Al?on Town Clerk/Administrator Duct "taxation without repcesenta- ington -often in a "one size tits my The Town of Akron is joining a lion" over 2W yc:trs ago. Unfunded all" approach that refuses to con- nmiomvidc grassroots campaign - mandates are 'spending without cider local conditions or capacity. • we led by the National League of representation "and your total Dili- Local officials and the citizens ols Cities and other public interest vials don't like them any bcucr. they represent haul got to work groups - to break Washington, Thcy arc a hitldcn tax on everyone together to stop this irresponsible ou D.C's habit of making local gov- who {ivcs in the Town of Akron behavior. If the same people who er crnments pay the costs oC cxpen- and the thousands oC oUter towns write the taws and draft the regula- u[ sivc and intrusive fcdcral pro- and cities lilac us all across the U.S. lions Itavc to pity Cor them, they grams. will be much more careful about to These programs, often refe,Ted to yVe are geeing a checklist, but no check. !i s like the (ine print on so tttc costs. as "unfunded fcdcral mandates," many kids' toys - "baucrics not When fcdcral sctntlards are estab- have become one of tttc single included." listtcd, the bclicyc the fcdcral gov- .e ~f, largest financial burdens on our All across America, in big cities erhment must assure that local gov- hc nation's cities and towns -and and small towns, local officials crnntents have adequate capacity s. Akron is no exception. everywhere arc rising up to say, and time to achieve chose stan- .Cf The increasing number oC fedcml l mandates has forced local govern- "Enough is enough!' dartls. mcnts everywhere to raise taxes, No town or city can realistically Rcre in Akron, we do support in increase utility bills, cut services afford to fund all the pending fed- many oC ttte broad national goals ,t and shift resources away Crom local eral rcyuirements within the Core• laid out in many oC the important sc~ble future, Ict alone within Ute taws enacted in Washington. priorities. ~ Over the past Ccw years, the nom- timetable Icgislatecl by our officials We do not, however, support the bcr of mand:ttcs has increascG sub- in Washington, D.C. "my way, but you pay" approach t stantiatly while funding Crom Whcn there was a strong federal- that has come to characterize Ccdcr- Washington hats decreased dramati- local partnership to help pay Ute al policy actions. 1Vltat we need tally. At the same time, the fcdcral costs oC federally imposed man- now is to work togethe4 to achieve . government is actively pursuing dates, our nation made great those shared objectives. cnforcemcnt actions -with fines progress in meeting national goals We must put a stop to unfunded ' and pctultics - to tighten compli- and objectives. mandates, and we call upon all uC ante with these unfunded man- This partnership has broken the citizens in our community to dates. down, however. It has been join in this campaign. : _ . e .e Hotnr~do°they impact ~4kron's 9993 and 999 budgets? „ Safe Water Drinking Act } `Organics testing was 512',780 in 1993; expected to have ~ °'similar costs in 1994'and 1995 before 3•year cycle: s begins again in 1996: NO CONTAMINANTS FOUND ,t Lead and CoQ~er Rule testing hasn't been completed yet, ? so cost is as yet unknown: tl is expected to be about $1,000.. -:~ONLY ONE HOME.IN AKRON WAS IDENTIFIED AS ' 'HIGH RISK', BUT THE.TOWN IS REQUIRED TO TEST 20... 'The annual cost of testing is aboci! $it3. t0 for every water customer in Akron. Americans with Disabilities Act;-Administration costs`a~e hard to calculate, twt about one week of the Town Clerk's time was spent doing required_y ' :paperwork to prove the town.intends to comply. : ` . $ln,ctural chanaeg include altering the bathrooms at all parks:". } ,and the pool. This is expected to cost about $5,000. - - ?i There is some discussion at'a federal level as to whether . curb cuts (tor wheelchair access) are required at all intersections, but if this is required, the cost to the Town of Akron could approach S1 rnllllon: 'll the curb cuts are required a! alt intersections, the cost will be $560.23 for every man, woman and Child In Akron. RGRA Subtitle D Reaulatlons -This forced the.clogure of the Akron landfill at a cos~° - of about $55,000. The extra cost of taking the Akron trucks ~ ' - to Otis to dispose of trash is as yet hard to calculate, but ~'t ` .z it is expected to cost the town about 55,000 per year. . Y _ . It the landfill had been kept open, the cost would probably . • - • ~ • - - - have approached 5500,000 per year. "The cost of landfill closure tugs $68.18 for eacp'trash customer in Akron. On-going costs will add about 50¢ to 75¢ to each customers bill per month. Amendment 1 resulted in the Town of Akron's budget tailing shoA by 535,000 from the previous year, but the mandates did not decrease. The increases in utility rates instituted in January of 1993 are probably not keeping pace with the increased. costs but;'according to Town Clerk/Adminlstrator Annette 8owin, town otticlals were aware Akron cusiomers would be unable to attord bigger utility rate increases. `i ' Colorado Counties, Inc. 1177 Grant Street Denver. Colorado 80203 t303t 561--1076 • F.~X t30?1561-1818 OPERA'T)<ON FRAII2~ 1FYRE:'° RESOLIJ'TION IEOR SiJPPOR'I' 'I'0 DE~IEI,OF A 'I'RIJ]E IE'EOERAI,/S'I'A'I'E/I.OCAI, PAR'I'NERSI-IIP WHEREAS, a lack of trust between levels of governments is creating expensive inefficiencies and a lack of responsiveness to the citizens, and WHEREAS, Colorado Counties, Inc. recognizes that all levels of government exist to best serve the collective needs of their constituents, and WHEREAS, Colorado Counties, Inc., recognizes that new Federal/State/Localpartnershlps must be forged in order to allow all levels of government to provide services to citizens in the most effective way, and WHEREAS, a true partnership recognizes that operating principles must be developed jointly between the partners, NOW, T'HEREF'ORE l~E ]['I' RESOILVEID, that Colorado Counties, Inc., render full and active support for all efforts to promote a true partnership of Federal/State/Locak governments, and NOW, T'HEREF'ORE 1$]E k['g' 1~'IJR'TI-3[ER RESO~,VEID, that we, as local government officials, commit to challenge the federal government's traditional way of thinking and to fully use our creativity and authority provided by an equal partnership to deliver services at the grassroots level closest to the people, and NOW, T'HEREF'ORE 13E IT' IFIJR'I'IHER RESO]L~IEI), that CCI prevail upon the National Association of Counties to join with the National Council of State Legislatures, the National League of Cities, the United States Conference of Mayors, the National Governor's Association, and other appropriate organizations to develop jointly with the Federal government new operating principles that will improve responsiveness to all citizens. a (Approved by the membership June 10, 1993, at an official business meeting of Colorado Counties, I,JC., in Breckenridge, Colorado.) President Don Davis, Rio Blanco County • First Vice President Harold "Jake" Klein, Otero County • Second Vice President Stan Shafer, Ynma County Third Vice President Marsha Osborn, Summit County • Fourth Vice President Robert "Chris" Christensen, Douglas County • Treasurer Loren Whittemore, EI Paso County Secretary Doralyn Genova, Mesa County • Past President Vern Rominger, Rio Grande County "OPERATION PRAIRIE FIRE:" RESOLUTION FOR SUPPORT TO DEVELOP A TRUE FEDERAL/STATE/LOCAL PARTNERSHIP WHEREAS, a lack of trust between levels of governments is creating expensive inefficiencies and a lack of responsiveness to the citizens, and WHEREAS, the Colorado Municipal League recognizes that all levels of government exist to best serve the collective needs of their constituents, and WHEREAS, the Colorado Municipal League recognizes that new Federal/State/Local partnerships must be forged in order to allow - all levels of government to provide services to citizens in the most effective way, and WHEREAS, a true partnership recognizes that operating principles must be developed jointly between the partners, NOW, THEREFORE, BE IT RESOLVED, that the Colorado Municipal League render full and active support for all efforts to promote a~true partnership of Federal/State/Local governments, and NOW, THEREFORE BE IT FURTHER RESOLVED, that we, as local government officials, commit to challenge the federal government's traditional way of thinking and to fully use our creativity and .authority provided by an equal partnership to deliver services at. the grassroots level closest to the people, and NOW, THEREFORE BE IT FURTHER RESOLVED, that the Colorado Municipal League prevails upon the National League of Cities to join with the National Council of State Legislatures, the National Association of Counties, the United States Conference of Mayors, the National Governor's Association, and other .appropriate organizations to develop jointly with the Federal government new operating principles that will improve responsiveness to all citizens. (Adopted by the membership at the June 24, 1993, CML annual business meeting.) t~~(~U(~ ~-o VAIL TOWN COUNCIL 12/14/93 ® REVIEW OF ~4CTIVITY o Fundamentals o D.P. Workshop ® ROLE OF TOWN COUNCIL o Set Strategic Vision Mission Goals w~nput from Department Heads ® CaUALITY COUNCIL o 'Set Tactical Vision Mission Goals wrnput ivom Department Heads ® DEPARTMENTS _ o Set Departmental Vision Mission Goals ® OBJECTIVE Implement hierarchal system where individual employee goals and objects support department which supports Town. 1 RECOMMEND ACTION: ® VALIDATE VAIL'S VISION AND MISSION FROM TOWN COUNCIL VIEWPOINT ® COMMUNICATE VISION AND MISSION WITH ALL VAIL EMPLOYEES ® CONDUCT FUNDAMENTALS TRAINING FOR ALL VAIL EMPLOYEES -FULL TIME AND SEASONAL ' ® CONDUCT DEPARTMENTAL WORKSHOPS FOR EACH DEPARTMENT (MAXIMUM 20 EMPLOYEES/SESSION) ® CONDUCT PROCESS MANAGEMENT TRAINING FOR SELECTED INDIVIDUALS (STEERING COMMITTEE?) RESULTS: ® ASSESSMENT FOR VAIL ® .DEPARTMENTS FOCUS ON ACTIONS TO BE TAKEN USING PROCESS MANAGEMENT METHODOLOGY ~ BEGIN WITH SIMPLE TASKS =QUICK SUCCESS, REWARD, UNDERSTANDING ® ADDRESS MORE COMPLEX ISSUES 2 ' GOALS LINKAGE - EXAAAPLE TOWN CDD FD FIN LIBR PUB PD TRNSP COUNCIL WKS LAND PURCHASE X X ENVIRONiVIENTAL X X PROGRAIVI AFFORDABLE X X HOUSING BIKE PATHS/ X TRAILS 3 a ' QUALITY JOURNEY PERT CHART 92/13-16 FUNDAMENTALS TRAINING 40 Attendees $ 2,650 D.P. WORKSHOP 35 Attendees $ 6,650 o Quality Council . o Steering Committee GIVENS: TOWN EMPLOYEES = 200 + SEASONAL FUNDAMENTALS CLASS = 40 PARTICIPANTS @ EACH SESSION D.P. WORKSHOPS = 20 PARTICIPANTS @ EACH SESSION PROCESS MANAGEMENT = 10 PARTICIPANTS . REQUIRED: 4 FUNDAMENTALS CL4SSES $10,500 8-90 D.P. WORKSHOPS (8)= $27.400 $37,900 PROCESS MANAGEMENT WORKSHOP ~ 3.500 $41,400 PLUS .TRAVEL & L{VING EXPENSES ESTIMATED Cap $3,000/WK (2 CONSULTANTS) $12,000 ~'®TAL ESTIINATE $53,400 4 6 4 ,b PERT CHART 9/97/94 9 -FUNDAMENTALS DEPARTMENTS: 2 - D.P. WORKSHOPS 9124/94 9 -FUNDAMENTALS DEPARTMENTS: 2 - D.P. WORKSHOPS 2/29/94 9 -FUNDAMENTALS DEPARTMENTS: 2 - D.P. !WORKSHOPS 3/94/94 9 -FUNDAMENTALS DEPARTMENTS: 2 - D.P. WORKSHOPS 3/29/94 PROCESS MANAGEMENT C118MVIP.MEM 5 SENT BY:EAGLE COIJNTY ;12-10-93 ; 14:59 ; 3033287207-- 3034792157;# 1/ 2 ,y• ~:Jii ®9C~+C$1~L'P ~ 1.~~.~ - ~ ~:~7 - ~ FA(iLC COUN IY Btlll INN{~ ~~'`•''Y, ~ . ~ 551 RROAI)W/1Y OFrI~ OF THE P.O. BO% 850 BOARD OF COAgMIS510NEitS tAGLL, C't)LORAl1L) 8 ! 63 l - (303) 328.8b05 ~ FAX: (3U3) 318.7n)7 ` - ~~~d tl~ Il•'IL~Ii~ll'!l~~~ Ig~..~C II tla~l~ tl l4rs'~'k.A~~~u.v~ ~ ~p ~ 14 # iI' i} S7 iF it it ~R $ ~r Q~ 9F $ F {F Q {F $ dtif td i'i iF -0f iF •g d6 iG at• d• is iF it i} 9~ 1E # iF G # j; . ~OS:3~ - ~~:StD (Eagle ~orraputes+;, Systenes 6'e'opose8 EsWle County Room Paul Clarkson, Plann®r, Community Q38velopmer~t ACT'iDN: Consider the proposal from 1=agte Computer Systems fior the office automation system for Cr~mmunity Development. ~3?c5~9 - a~a35 ~~R~ SESSI~4~ - CDiyt{i~UI~IT~ ~E!!ElOP~EIVT Mt of the H~tv Croea Room Kr~lth {~lOtl~~g, D(r~CtaP, Community Development ,~i 7 ~:~5 - ~ ~o~~ ~(m-~~l 1-~~~f~-~ttae I~ie~ge ~t'~ta Esglm County Room Paul Clarkson, 6~1$nner, CtDrnmullity ®eve{opment ~iCT{~fV: Consider a ~'{anned l~nit Development Preliminary Plan apprs~,val far °°mixed use cieveiopment° on a 7 2.55 act's parcel of land Imcated at the i=1 ,)r3bel Road/Wigh'w~ly 8~ interset;tidn. :3~ - ~'8 P®-'9 ®5-J~-~-Streatats6de at @~ai~ lau~ Amenc~rnent Eagle Caw~ty Raom Keith Mtrontag, C71r@C>CQr+ Cbmmunlty D@Velapmerlt ACT1D61i: ConsideP a.; PUD Amendment far the Streacrrlside at Va{i project. C:1wP51lflQCS1bECE1 A.AGE ;12-10-53 ; 15~D0 3Q33287207y 30347~L15t;~ ~r ~ SENT SY~EAGI-E COUNTY - r f 4D'~:~5 - ~~:~1~ ~agr9 ~'errl~it ~a. ~5~ Ewuie county Room o~au! Clarkson, Elanner, Community Development AC'TUa~t: Consider 60.7Ei sr~uare foot sign at the Eagle County IAirparte ' m~:~~ - 3~1~?-~~-4?~ best ~sw vectc~>r Cellut~,tr ewe County Room ~TiBl~~taF'19~1f11l876G~$lpBtl$ FSG+litgy E11ie Ce~ryl, P'lenner, Community ®eveiapment ACTlplV: Consider a proposal to retrafiit an ex(stirfg telecmmmunications facility Itrcated wlth(n Christina State V11ildlifet Area. QD~:~®- ~~.3~ ~~-~°.~~°~~-C3traeiDUS ~avic~r [Luth~Par~ Cl~arcPo F,r~bv County Room Ellie C~Iryl, Plarinl~r, Cornmurlity C~evelopmertt ~?CT1Ci11: Con~ider..e. proposal to legalise an existing pareel tnf land ,the ;Exemptit~n Plat Prvaesis. . Qb~:~~ - ~~a~~ Q$~solaetlon L~stered6rs~ the "6'~rnpo~trary Ar~ersa~tmere$ #a t@te Saute Gaunty doom ~8~$t~ ~QIUS7$y (1.~Q9t~ ~ir~{,tliltE4~9 Keith Montag, Ctirectdr, Community pevelopment ~+aT'I~N: Consider... a resolutiar< to extend the temporary J~rneridment to the ltagle Cmunty Land Use Ffeguiatiorts, ~~:~a - ®~e~~ ~ PL~~', CBE sC~Y.~DT6C~N, ADD DCC~~IEI~T StG~B1NC9 Eaole county Room Sid ~ox,~ NManager, Community Cevetopment , . . ,...;,.4.;, , s t THE NEXT PAEETINL3 DF THE EAGLE COUNTY CONINAI$SIONERS Will 9E HELD O11t DEC>~,9tlER 20, 1$83 TNtS AaF_NUA 13 PROVIDEl7 FOR INFOftMATltx+lAL PURPOSED ONLY - AI i TlMfi& ARE APPROkiMnTE. rHE BOAt~D WHILE IN sESSI~DN nnav G~NgibER (ITFIER REMS Ti~Ar EtHE BROUGHT t3EFaAE IT. . .1~.~ c:w~rPSa ~ooc:swECeia.ac~t ..1: WORK SESSION FOLLOW-UP December 10, 1993 Page 1 of 2 YORK _ QUES~'IO~S FO~~OW-UP SOI.UT90B~S n, 1991 11/19 NEWSPAPER VENDING MACHINES TOM M.IJIM C.: What can be done to make these uniform Problem will be resolved by 1/1/94. When new planner is hired and work and locations less prolific? assignments are given in CDD, priority will be reassessed. 1992 11/10 COUNTY REGIONAL MEETINGS Next meeting to be announced. 1993 10/19 REQUEST FOR PURCHASE OF COUNCIU$TAFF: Follow-up and respond to petitions Appraisal underway. TRAPPER'S RUN PARCEL presented at 10/19/93, TC Regular Evening meeting. 10119 VRD CONTRACT LARRY G.ITOM M.ISTEVE T.: Council direction received If VRD agrees to Council terms and conditions, Bob McLaurin is 11116/93. authorized to sign contract 1217/93. 10/19 FOREST ROAD STREET TOM M.: Urge Joe Macy to work with Bruce Chapman and Dialogue continuing between effected parties, although no written CONTRACT W/VA homeowners so street use agreement can be signed prior agreement has been submitted at this time. Tom M. has spoken with to ski season opening 11113/93. both Rob Sperberg (VA) and Bruce Chapman to reconfirm working on a street maintenance agreement only. Other details are to be worked out between homeowners and VA. 10119 SNOW STORAGE LAND GREGILARRY G.: Immediately pursue purchase from VA Initial discussion between TOV and VA re: possible future land exchanges PURCHASE of current snow storage site, as well as another 10 acres have occurred. adjacent to the west. 10/26 WATER OUALITY DEVELOPMENT TOM M.: Prepare supporting ordinance. REVIEW REGULATIONS/NWCCOG 11109 DRAFT RESOLUTION RE: TOM M.: Prepare resolution. Tom M. to work with Roger Tilkemeier and VA to prepare supportive draft RANGELAND DOCUMENT/BRUCE resolution. BABBITT 11/16 BUS STOP LIGHTING GREG/MIKE R.: Where are we on lighting all bus stops? See Greg Hall's "Additional Lighting Needs" attached. (request: Lapin) ~ An especially dangerous section exists at the East Vail Racquet Club stop. 11116 ROAD OVERLAYS/UNDERLAYS GREG: Some high visibility road sections in town need a Poor areas will be patched as weather permits. Vail Road is scheduled to (request: Lapin) dose of TLC before Christmas, i.e., between 1st Bank and be overlayed once Chapel Bridge is complete. Bridge Street overlay to Sonnenalp Bridge Street, etc. be coordinated with UEVWSD. December 10, 1993 Page 2 of 2 12107 REGIONAL TRANSPORTATION PEGGY: Linda Powers, State Representative from F SPECIAL DISTRICTS Gunnison, is considering expanded wording from. county- (request: Steinberg) wide to regional county districts re: state-wide half cent transportation tax, Follow-up in writing. _ 12/07 REFERENDUM SUBMITTAL TOM M.: Supply detail re: immediate disclosure PROCESS requirements for referendum petitioners. (request: Johnston) I I _ _ - . . _ _ - i ~ A1~l~I~'.LON,~~LLG H'f.I~? ~~F:.}2S Listed in priority order East Vail 1. Bighorn Park needs a light at the bus stop post due to the darkness and the lack of nearby lights. 2_ Meadow Lane needs a Light at the bus stop post due tct file tsar}~.ze~:s and the lac}•. of nearby 1 fights . _ Mail East f_ondolrtiniu,T,~• needs a light near the shelter, the nearest light is on the south side of Bighorn Road. Pitkin Creek eastbound needs a Light near the bus stop posit,. ~trearrside Circle needs a light on the cast or we.t side of t}"fie shelter, t4:e nearest light is in a I.>lanter on ~i~.}„~r•n head _ 6. Fitki.n ~:~ree}: westr.;oand reeds a light in t}:e r.,. shrlt.e,N. one s'r;alter i~~seit is very ~~a.r}~ and the _ ~sa~-, l igat i.s she ~'i t'•:i.rli:r~~ek pares i n@: lo~,_ 7_ Racquet Club iownhomes need a light at thF bus Stt,i_• '~~OS~. due tG i.}lF= C:%~rki:e:~: anCc tI'i@ 1czCK Oi Golfcoursel 1. ~aUiden ~'eay. ne~d~ ilg:lt 1Il Cii' Heil:' .}1° SheL22'. 1:^3 Vail Valley Drive needs a light at the bus stop post due to the lac:-: of lig;?lt nearby. 3. The sot~cer field needs a light at the bus stor• post or across t'r,e s~.reet. 1.610 :~unbur•st e~_stboun,~ rr?c•'s a lig.`, at or near. the bu~• ~t.op post. Ftarrii.Ean west r.et~~~'s a lig}it at or near the bus stop pest. West Vail Red 1_ Uay"s Inn neetJs a light in ar near the shelter . r~ur to the darknes, and the lack of nearby light. 2. Charnoni}:/Frontage needs a light near the shelter, the nearest light i.~ at a ~.treet intersection behind the shelter. 3. Vail Das Schone need.-: a. light near the bus stop i~ost_ The near•e:,t light is or. a building down. the hill. Sandstone 1. Red Uandstone Uchool need;, a light near the bus s"Lop post . ~i. ~ilnba. kun could use a •light near the shelter. West Vail Green 1. Cascade Crossing reeds a light at the bum stop ~.J U t . Intown 1. Hanson Ranch Road needs a light either at the bus stop post or nEar the bench. • 2. Vorlaufer needs a light at the bus stop post. • - 0