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2022-05-03 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Town Council C hambers and Virtual on Zoom 6:00 P M, May 3, 2022 Meeting to be held in C ouncil Chambers and Virtually on Zoom (access H igh Five Access Media livestream day of the meeting) Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Proclamations 3.1.Proclamation No. 5, Series of 2022, W ildfire Preparedness Month 5 min. Presenter(s): Paul Cada, W ildland Program Manager Background: This is a joint proclamation of Eagle County and the Towns within Eagle County declaring May to be W ildfire Awareness Month. Citizens are encouraged to take action to reduce the wildfire threat and prepare for a potential wildfire. Staff Recommendation: Approve Proclamation No. 5, Series of 2022 4.Consent Agenda (5 min.) 4.1.April 5, 2022 Town Council Meeting Minutes 4.2.April 19, 2022 Town Council Meeting Minutes 4.3.Resolution No. 20, Series of 2022 , A Resolution Approving an Amended Operating Plan and Budget of the Vail Local Marketing District for its Fiscal Year J anuary 1, 2022 Through December 31, 2022. Action Requested of Council: Approve, approve with amendments or deny Resolution No. 20, Series of 2022. Background: See attached memo. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 20, Series of 2022. May 3, 2022 - Page 1 of 498 4.4.Resolution No. 21, Series of 2022, a Resolution Approving an Agreement between the Town of Vail and the State of Colorado Department of Human Services for Co-Responder Mental Health Services Background: The I ntergovernmental Agreement with the State of Colorado Department of Human Services for mental health service is necessary and will promote the health, safety, morals, and general welfare of the Town. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 21, Series of 2022. 4.5.Resolution No. 23, Series of 2022, A resolution approving the purchase of residential property known as Pitkin Creek Condominium Unit 5-L, 3931Bighorn Road , Vail C O. 81657 Action Requested of Council: Approve, approve with amendments or deny Resolution No. 23, 2022 Staff Recommendation: Approve, approve with amendments or deny Resolution No. 23, 2022 5.Town Manager Report (10 min.) 5.1.Community Picnic Updates Background: Bighorn Park Picnic J uly 19, 2022; Donovan Park Picnic August 9, 2022 6.Action Items 6.1.Resolution No. 22, Series of 2022, A Resolution of the Vail Town Council Authorizing the Exercise of the Town's Eminent Domain Authority to Acquire Open Space 45 min. Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Resolution No. 22, Series of 2022 Background: During the April 19th Town Council directed the Town Attorney to return to the May 3rd meeting with a resolution to exercise the power of eminent domain for the acquisition, by condemnation, of a fee interest in the Booth Heights parcel as open space is necessary and serves a public purpose. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 22, Series of 2022. 6.2.Ordinance No. 9, Series of 2022, First Reading, An Ordinance Correcting Various Sections of Title 12 of the Vail Town Code to Reflect Changes in the State Law 5 min. Presenter(s): J ohnathan Spences, Planning Manager Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2022, upon first reading. Background: During a routine audit, American Legal Publishing, the Vail Town Code codifier, identified a limited number of instances where the code references to Colorado Revised Statues are out of date. Ordinance No. 9, Series of 2022 corrects these outdated references. Staff Recommendation: Approve Ordinance No. 9, Series of 2022 upon first reading. 6.3.Ordinance No. 10, Series of 2022, An Ordinance Amending Section 6-3D- 4.a.4. of the Vail Town Code, Regarding Harassment 5 min. May 3, 2022 - Page 2 of 498 Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10, Series of 2022. Background: The Colorado Supreme Court's recent decision in People v. Moreno, 22 C O 15 (2022) held that certain language in the state harassment statute, C.R.S. § 18-9-111(1)(e), was an impermissible restriction on free speech. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 10, Series of 2022. 7.Public Hearings 7.1.An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of a Condition of Approval for D RB22-0035, a residential project located at 3070 Booth Creek Drive. 45 min. Presenter(s): J onathan Spence, Planning Manager Action Requested of Council: Uphold, overturn, or overturn with modifications, the Design Review Board’s March 2, 2022 decision. Background: The applicant, Reggie D. Delponte Residence Trust No. 1 & No. 2, represented by Shepherd Resources I nc. A I A, requested the review of an addition to an existing single family home before Design Review Board, pursuant to Section 12-11-3, Vail Town Code, located at 3070 Booth Creek Drive. The Design Review Board, at its March 2, 2022 meeting, by a vote of 5-0, approved the project with the noted condition Staff Recommendation: Uphold, overturn, or overturn with modifications, the Design Review Board’s March 2, 2022 decision. 7.2.Regional Transportation Authority Public Hearing on Draft I ntergovernmental Agreement 30 min. Presenter(s): Greg Hall Director Public W orks and Transportation and Tanya Allen E C O Transit Director Action Requested of Council: Open the public hearing and begin with a brief presentation regarding the draft I ntergovernmental Agreement to form a Regional Transportation Authority Seek public comment on the draft I GA during the public hearing Provide Town Council input on the draft I GA Background: The purpose of this item is to conduct the first of two public hearings regarding an I ntergovernmental Agreement to form a Regional Transportation Authority. The actions of the council agenda include: A brief presentation of the draft I ntergovernmental Agreement Conduct a public hearing to receive input on the draft I ntergovernmental Agreement Provide Town Council input on the draft I ntergovernmental Agreement, a second public hearing will be held by the Town Council May 17, regarding a resolution approving the I GA. Staff Recommendation: Conduct the public hearing allowing public comment on the draft I GA as well as provide Town Council input on the draft I GA. 7.3.Ordinance No. 8, Series of 2022, an Ordinance Repealing and Reenacting Title 10, Chapter 1 of the Vail Town Code and Adopting by Reference the 2021 Editions of the I nternational Building Code, I nternational Residential Code, I nternational Fire Code, I nternational Energy Conservation Code, 15 min. May 3, 2022 - Page 3 of 498 I nternational Plumbing Code, I nternational Fuel Gas Code, I nternational Mechanical Code, I nternational Existing Building Code, and the 2020 Edition of the National electrical Code, with Amendments; and Adopting the 1997Edition of the Uniform Code for the Abatement of Dangerous Buildings, with Amendments. Presenter(s): C J J arecki, Chief Building Official Action Requested of Council: Approve, approve with amendments, or deny Ordinance Number 8, Series of 2022. Background: The building codes are updated on a three-year cycle after an extensive, 3-step code development process in which all interested and affected parties may participate. This allows for the codes to stay current with continually changing laws, practices and technology that affect the construction industry. Staff Recommendation: Approve Ordinance Number 8, Series of 2022 as submitted. 8.Adjournment 8.1.Adjournment 8:55 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. May 3, 2022 - Page 4 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Proclamation No. 5, Series of 2022, W ildfire Preparedness Month P RE S E NT E R(S ): P aul Cada, W ildland P rogram Manager B AC K G RO UND: This is a joint proclamation of E agle County and the Towns within E agle County declaring May to be W ildfire Awareness Month. Citizens are encouraged to take action to reduce the wildfire threat and prepare for a potential wildfire. S TAF F RE C O M M E ND AT IO N: A pprove P roclamation No. 5, S eries of 2022 AT TAC H ME N TS: Description Proclamation No. 5, Series of 2022 May 3, 2022 - Page 5 of 498 Proclamation No. 5, Series of 2022 A JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWNS OF GYPSUM, MINTURN, EAGLE, REDCLIFF, AVON AND VAIL, PROCLAIMING MAY 2022 AS WILDFIRE PREPAREDNESS MONTH WHEREAS, twenty of Colorado’s largest wildfires have occurred within the last twenty years. Four out of the five largest fires in state history have occurred within the last three years, including the most destructive fire in state history just 5 months ago; and WHEREAS, warmer temperatures, drought, and continued development in the wildland-urban interface have made wildfire mitigation a top priority for Vail and surrounding jurisdictions; and WHEREAS, Eagle County and the Towns of Gypsum, Minturn, Eagle, Redcliff, Avon and Vail have determined that they share the common goals of wildfire risk reduction, wildfire preparedness and public education; and that collaboration in these areas will lead to unified and fire-adapted communities throughout Eagle County and surrounding areas; and WHEREAS, Wildfire Preparedness Month is focused on encouraging residents to learn about wildfire safety and take steps to reduce wildfire risk in and around their homes; and WHEREAS, the Town of Vail desires to join in support of Wildfire Preparedness Month and to designate May 2022 as Wildfire Preparedness Month in Eagle County and in the participating Towns. NOW, THEREFORE, the Vail Town Council joins Eagle County and the Towns of Gypsum, Minturn, Eagle, Redcliff, Avon hereby proclaiming May 2022 to be Wildfire Preparedness Month. The Town of Vail encourages its citizens to observe this month with educational programs and to take action now to reduce the wildfire threat and prepare their homes, families and community for wildfire, and stay prepared throughout the year. Dated this 3rd day of May 2022 Vail Town Council Attest: ______________________ __________________________ Kim Langmaid, Mayor Tammy Nagel, Town Clerk May 3, 2022 - Page 6 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: April 5, 2022 Town Council Meeting Minutes AT TAC H ME N TS: Description April 5, 2022 T C Meeting Minutes May 3, 2022 - Page 7 of 498 Town Council Meeting Minutes of April 5, 2022 Page 1 Vail Town Council Meeting Minutes Tuesday, April 5, 2022 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Barry Davis Kevin Foley Jenn Mason Pete Seibert Jonathan Staufer Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk Langmaid started the meeting thanking Robson for his 2 years of service with the Town and wished him well in his new role as Town Manager in Telluride. 1. Citizen Participation Steve Coyer, Eagle River Water and Sanitation District, announced he was running for re- election to the board of the Eagle River Water and Sanitation District and asked the council and residents for their vote. 2. Any action as a result of executive session There was none. 3. Proclamations 3.1. Proclamation No. 3, Series of 2022, Recognizing National Library Week 2022 “Connect with Your Library” Presenter(s): Kim Langmaid, Mayor Action Requested of Council: Approve Proclamation No. 3, Series 2022. Background: First sponsored in 1958, National Library Week is a national observance sponsored by the American Library Association (ALA) and libraries across the country each April. It is a time to celebrate the contributions of our nation's libraries and librarians and to promote library use and support. All types of libraries (school, public, academic and special) participate. http://www.ala.org/conferencesevents/node/6/ May 3, 2022 - Page 8 of 498 Town Council Meeting Minutes of April 5, 2022 Page 2 Each council member took turns reading Proclamation No. 3, Series of 2022 into the record. 4. Appointments for Boards and Commissions 4.1. Appoint a Member to the Building and Fire Codes Appeals Board (B&FCA) Presenter(s): Kim Langmaid, Mayor Action Requested of Council: Motion to appoint one person to serve as a member on the Building & Fire Code Appeals Board for a term ending March 31, 2026. Coggin made a motion to appoint Mark Mueller to serve a four-year term ending March 31, 2026 on the Building & Fire Code of Appeals; Staufer seconded the motion passed (7-0). 5. Consent Agenda 5.1. Resolution No. 8, Series of 2022, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Concerning Wildland Fire Mitigation Program Action Requested of Council: Approve Resolution No. 8, Series 2022. Background: Under this IGA, Eagle County will provide funding to the Town of Vail for Wildfire Mitigation to include curbside chipping, fuels reduction in the Intermountain Forest Health Project and direct aid to homeowners in the unincorporated portion of West Vail. Staff Recommendation: Approve Resolution No. 8, Series 2022. Foley made a motion to approve Resolution No. 8, Series of 2022; Coggin seconded the motion passed (7-0). 5.2. Resolution No. 10, Series of 2022, A Resolution Approving the Purchase of the Residential Property known as Vail East Lodging, Unit #16, 4123 Spruce Way, Vail, Colorado. Action Requested of Council: Approve, approve with amendments or deny Resolution No. 10, Series 2022. Background: The availability of housing remains an ongoing challenge for year-round and seasonal Vail residents. The Vail East Lodging will be used to provide rental housing opportunities for Town of Vail employees. The cost to purchase this home is $565,000. Staff Recommendation: The Housing Department recommends the Vail Town Council approves Resolution No. 10, Series of 2022, as presented. Staufer made a motion to approve Resolution No. 10, Series of 2022; Coggin seconded the motion passed (7-0). May 3, 2022 - Page 9 of 498 Town Council Meeting Minutes of April 5, 2022 Page 3 5.3. Resolution No. 11, Series of 2022, A Resolution Approving the Purchase of the Residential Property known as 1860 Meadow Ridge Road, Unit 4, 1860 Meadow Ridge Road, Vail, Colorado. Action Requested of Council: Approve, approve with amendments or deny Resolution No. 11, Series 2022. Background: The availability of housing remains an ongoing challenge for year-round and seasonal Vail residents. The 1860 Meadow Ridge Road property will be used to provide rental housing opportunities for Town of Vail employees. The cost to purchase this home is $780,000. Staff Recommendation: The Housing Department recommends the Vail Town Council approves Resolution No. 11, Series of 2022, as presented Coggin made a motion to approve Resolution No. 11, Series of 2022; Foley seconded the motion passed (7-0). 5.4. Resolution No. 12, Series of 2022, A Resolution Approving the Purchase of the Residential Property known as Pitkin Creek Condominiums, Unit P-5, 3931 Bighorn Road, Vail, Colorado. Action Requested of Council: Approve, approve with amendments, or deny Resolution No. 12, Series 2022. Background: The availability of housing remains an ongoing challenge for year-round and seasonal Vail residents. The Pitkin Creek Condominiums home will be used to provide homeownership opportunities for a Town of Vail employee, or a person employed by a business located within the Town of Vail. The cost to purchase this home is $560,000. Staff Recommendation: The Housing Department recommends the Vail Town Council approves Resolution No. 12, Series of 2022, as presented. Mason made a motion to approve Resolution No. 12, Series of 2022; Coggin seconded the motion passed (7-0). 5.5. Resolution No. 13, Series 2022, Approving an Agreement and an Underground Right-of-Way Easement between the Town of Vail and Holy Cross Energy ("HCE") Action Requested of Council: Approve, approve with amendments or deny Resolution 13, Series 2022. Background: In order to accommodate the relocation of certain power lines for the construction of the Residences at Main Vail, the Town and HCE wish to enter into an agreement and easement. Staff Recommendation: Approve, approve with amendments or deny Resolution 13, Series 2022. May 3, 2022 - Page 10 of 498 Town Council Meeting Minutes of April 5, 2022 Page 4 Coggin made a motion to approve Resolution No. 13, Series of 2022; Staufer seconded the motion passed (7-0). 5.6. Resolution No. 14, Series 2022, A Resolution Approving a Vacation of Easement and Bill of Sale between the Town of Vail and the Eagle River Water and Sanitation District ("ERWSD") Action Requested of Council: Approve, approve with amendments or deny Resolution No. 14, Series of 2022. Background: In order to accommodate the construction of the Residences at Main Vail, the ERWSD wishes to vacate a certain Sewer Easement and convey ownership of the eight-inch (8”) sewer main. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 14, Series of 2022. Masson made a motion to approve Resolution No. 14, Series of 2022; Coggin seconded the motion passed (7-0). 5.7. Resolution No. 15, Series 2022, A Resolution Approving an Employment Agreement between the Town of Vail and Stan Zemler Action Requested of Council: Approve, approve with amendments, or deny Resolution No. 15, Series 2022. Background: The Town wishes to retain the services of Stan Zemler to act as Interim Town Manager. Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 15, Series 2022. Coggin made a motion to approve Resolution No. 15, Series of 2022; Mason seconded the motion passed (7-0). 5.8. Letter of Support for Federal Funds to Support the Vail 2024 Battery Electric Bus Purchase and the CASTA Statewide Transit Improvement Proposal Action Requested of Council: Approve, approve with amendments or deny Letter of Support. Background: Request for federal funds to support the Vail 2024 Battery Electric Bus Purchase and the CASTA Statewide Transit Improvement Proposal Staff Recommendation: Approve, approve with amendments or deny Letter of Support. Mason made a motion approve a letter of support for the Federal Funds to Support the Vail 2024 Battery Bus Purchase and the CASTA Statewide Transit Improvement Proposal; Staufer seconded the motion passed (7-0). May 3, 2022 - Page 11 of 498 Town Council Meeting Minutes of April 5, 2022 Page 5 5.9. Change order to existing contract with SE Group for completion of the Booth Creek Fuels Treatment NEPA. Action Requested of Council: Approve change order with SE Group. Background: The contract with the SE Group for the Booth Creek Fuels Treatment NEPA was structured as a phased project. This change order represents phase 5 of the project. Staff Recommendation: Approve change order with SE Group. Staufer made a motion to the change order with SE Group; Foley seconded the motion passed (7-0). 5.10. Contract Award with Hallmark Inc. for the Ford Park West Betty Ford Way Paver Project. Action Requested of Council: Direct the Town Manger to enter into a construction contract in a form approved by the Town Attorney with Hallmark Inc in the amount of $994,387 for the Ford Park West Betty Ford Way Paver Project. Background: The funding for the Ford Park West Betty Ford Way Paver Project is included in the 2022 Real Estate Transfer Tax, Recreation Path Maintenance Account. The 2022 budgeted amount in this account is $1.2M. The $994,387 bid is substantially lower than the budget amount. Staff Recommendation: Direct the Town Manger to enter into a construction contract in a form approved by the Town Attorney with Hallmark Inc in the amount of $994,387 for the Ford Park West Betty Ford Way Paver Project. Mason made a motion to authorize the Town Manager to enter into an agreement with Hallmark Inc in an amount not to exceed $994,387.00; Coggin seconded the motion passed (7-0). 5.11. Contract Award with Intermountain Painting for Top Deck Village Structure Painting Action Requested of Council: Direct the Town Manger to enter into a construction contract in a form approved by the Town Attorney with Intermountain Painting in the amount of $86,390.00 for the top deck of the Village Structure. Background: Staff received 2 bids for the Vail Village Parking Structure painting project. Painting included in this project is the top deck of the Village Parking Structure for all vent stacks, railings and buildings that are currently green. The project is scheduled to be completed by September 15, 2022. Staff Recommendation: Direct the Town Manger to enter into a construction contract in a form approved by the Town Attorney with Intermountain Painting in the amount of $86,390.00 for the top deck of the Village Structure. May 3, 2022 - Page 12 of 498 Town Council Meeting Minutes of April 5, 2022 Page 6 Coggin made a motion to authorize the Town Manager to enter into an agreement with Intermountain Painting in an amount not to exceed $86,390.00; Foley seconded the motion passed (7-0). 5.12. Contract Award with Drop Mobility for Regional Electric Bike Share Program Action Requested of Council: Authorize the Town Manager to enter into an agreement in a form approved by the town attorney with Drop Mobility in amount not to exceed $174,400 for the execution of the Regional Electric Bike Share Program in 2022. Background: Following the 2020 Electric Bike Share Pilot Program, Vail Town Council allocated $175,000 in the 2022 budget for staff to launch a larger, regional electric bike share program in collaboration with Town of Avon and EagleVail Metro District. Staff Recommendation: Authorize the Town Manager to enter into an agreement in a form approved by the town attorney with Drop Mobility in amount not to exceed $174,400 for the execution of the Regional Electric Bike Share Program in 2022. Mason made a motion to authorize the Town Manager to enter into an agreement with Drop Mobility in an amount not to exceed $174,400.00; Coggin seconded the motion passed (7-0). 6. Town Manager Report 6.1. 2022 Wildfire Mitigation Award to Vail Fire's Paul Cada Background: Nation's Leading Wildfire Management Group recognized Vail Fire's Paul Cada as the recipient of the 2022 Wildfire Mitigation Award. Robson congratulated Paul Cada, wildfire program administrator for the fire department, for being recognized by the nation's leading wildfire management groups with the 2022 Wildfire Mitigation Award. 6.2. Peer Resort Exchange Update Robson provided a quick recap of a recent Peer Resort Exchange trip to St. Moritz, Switzerland and St. Anton, Austria. Robson stated the trip was extremely productive and there would be a letter of intent to formalize renewed relationship with St. Moritz presented at the next meeting. 6.3. 2022 Community Survey Update Robson encouraged the community to participate in the Town of Vail Community Survey. The deadline to respond was April 18. Additionally, Robson mentioned the Vail Employee “locals” Party would be on April 25 on the International Bridge. There would be free food and drink and possible prizes for people to win. 7. Presentations / Discussion 7.1. Fire Free Five Community Assistance Program May 3, 2022 - Page 13 of 498 Town Council Meeting Minutes of April 5, 2022 Page 7 Presenter(s): Mark Novak, Fire Chief Action Requested of Council: Approve Fire Free Five Community Assistance Program Background: Creating a 5' non-combustible zone (Fire Free Five) around a building is one of the most important actions that can be taken to reduce the risk of structural loss due to wildland fire. Town Council directed staff to establish a program to help offset the cost associated with creating a 5' noncombustible zone around structures. Staff Recommendation: Approve Fire Free Five Community Assistance Program Novak spoke to council about possible ways to provide financial assistance to homeowners to offset the cost associated with creating a fire free five around structures in the town. Novak suggested allocating Real Estate Transfer Tax funds to create a Town of Vail funded for 2022 of $150,000. The funding would be structured to reimburse property owners for 75% of the costs of labor and materials associated with implementing the fire free five. The proposed limits were as follows: a. Single Family Dwelling: $ 2,000 maximum b. Duplex: $3,000 maximum c. Multi-family dwelling/complex 1-20 units: $5,000 maximum d. Multi-family dwelling/complex 20+ units: $10,000 maximum e. Commercial structure: $5,000 maximum Additionally, Novak explained the process a homeowner would need to follow to qualify for the assistance program: The homeowner would need to complete the assistance program application. Fire Dept. staff would conduct an evaluation of the existing conditions and issues. Fire Dept. staff conducts follow up evaluation to ensure the work was completed. Homeowner submits receipts Finance Dept. processes payment to homeowner Langmaid thanked Novak for creating an assistance program. Council had no questions. 7.2. Short-Term Rental Study - Part 4 Presenter(s): Alex Jakubiec, Finance Department; and Andrew Knudtsen, Economic & Planning Systems Inc Action Requested of Council: Please provide feedback to staff regarding ordinance changes as a result of the short-term rental study. Background: The purpose of this memorandum is to revisit policy changes recommended for consideration at the March 15th presentation of the short-term rental study. These recommendations we based on feedback heard during the short-term rental study conducted by RRC Associates and Economic & Planning Systems Inc. Staff Recommendation: Please provide feedback to staff regarding ordinance changes as a result of the short-term rental study. May 3, 2022 - Page 14 of 498 Town Council Meeting Minutes of April 5, 2022 Page 8 Jakubiec revisited policy recommendations that were presented during the previous meeting. He acknowledged there was council support for some of the policy considerations. Registration Limits: 1. Limit density in multi-unit buildings and complexes: limit registrations to no more than 20% of units in a building or complex that was governed by a common HOA with 6 or more units. 2. Limit registrations in zone 2 unless owned for 5 years or more: set the limit to existing level and no new registrations unless the property was owned by the same person/entity for 5+ years Base Registration Fees: 1. Flat rate base fee to cover town’s admirative costs 2. Per bedroom fee to generate revenue for housing initiative 3. Lower fees for primary owner-occupied units and fractional units Health and Life Safety Standards: 1. Fire Dept. Inspections 2. Proof of Adequate Insurance 3. Update Current Local Representative Requirements Staufer asked for an example of a fractional unit. Jakubiec provided Sandstone Creek Club and Eagle Point examples of fractional properties. Staufer approved renting for 30 days from a homeowner who might rent their property to traveling workforce or guests that need a place longer than a few days or week. Seibert stated he would like to see an increase in penalties and fines. He suggested HOA’s and Condominium Associations manage regulating how many STRs are allowed in their buildings. Davis asked if there were any programs adopted by other communities that encouraged STR’s to be used for long-term housing. Coggin expressed concern of possible unattended consequences, such as forcing a property to be dark or forcing a property to be used more due to the registration increases. He suggested a base registration fee should be a flat fee of $150. Additionally, he requested staff to investigate what a 2% tax would generate. He questioned regulating condominium associations but agreed STR fees needed to cover administrative costs. Mire reminded council they were not allowed to impose a tax without going to the community to vote. Langmaid expressed support for the registration caps and the per bedroom fee. Foley agreed with the fees covering administrative costs; requiring the fire inspections and proof of adequate insurance. May 3, 2022 - Page 15 of 498 Town Council Meeting Minutes of April 5, 2022 Page 9 Mire suggested next meet staff bring back an ordinance for council to review and discuss section by section. Langmaid agreed. Staff would return at t future meeting with an ordinance for council’s consideration. 8. Action Items 8.1. Resolution No. 9, Series of 2022, A Resolution of the Vail Town Council Approving a Master Lease between the Town of Vail and the Vail Corporation, dba Vail Associates Inc. ("VAI") Presenter(s): George Ruther, Housing Director Action Requested of Council: Approve, approve with amendments or deny Resolution No. 9, Series 2022. Background: On March 1 and 15, 2022, the Vail Town Council reviewed a proposed new Timber Ridge Master Lease agreement. Following discussion of the proposed new master lease agreement by the Town Council, direction was provided to the Town staff. The master lease terms are outlined in Section 3 of the Staff Memorandum. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 9, Series 2022. Ruther quickly reviewed Resolution No. 9, Series of 2022 and the Timber Ridge Master Lease with council. The terms for the master lease were provided: • Lease Term – June 1, 2022 to August 31, 2023, or unless otherwise notified of an earlier termination date due to redevelopment. (extends the lease to 15 months total to fill the gap between a 12-month lease and the anticipated start date of a Timber Ridge redevelopment) • Rent Rate – $1,620 per month. • Number of Units – 36 total plus one on-site manager’s residence. • Number of assigned parking spaces – 27 total • Occupants per Unit – up to 3 occupants total • Security Deposit – a cash deposit equal to $58,320 (amount increased to reflect new rent rate) • Other Standard Lease Provisions – Insurance, maintenance and repairs, indemnifications, utilities, default remedies, etc. • Convenience Fee – (adds a $34,000 convenience fee to reflect the premium granted by the Town for allowing a 37-unit master lease. Vail Resorts is prohibited from passing this fee on to the sub-tenants. Said fee shall be deposited into the Town’s Housing Fund to further the Town’s housing goal) • Subtenant leasing – (amended such that all sub tenants shall be employees of Vail Resorts who work within the Town) • Holding Over Provision – (amended to clarify and align the duration of any holdover tenancy to not more than 2 months total i.e. October 31, 2023) May 3, 2022 - Page 16 of 498 Town Council Meeting Minutes of April 5, 2022 Page 10 Ruther reminded council the master lease was for 15 months ending August 2023. Public comment was called. Dick Cleveland, Vail resident, asked if any other local businesses had an opportunity to inquire a master lease. Langmaid confirmed that had been done and in fact one building went to smaller businesses. Vail Resorts master lease was for the other two buildings. No further public comment. Foley made a motion to approve Resolution No. 9, Series of 2022; Coggin seconded the motion passed (7-0). 8.2. Ordinance No. 2, Series 2022, First Reading, An Ordinance Amending Chapter 11 Of Title 5 of the Vail Town Code to Reduce the Risk Of Wildfires In The Town Presenter(s): Paul Cada Wildland Program Manager, Mark Novak Fire Chief Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 2, Series of 2022 Background: In 2020 the Vail Town Council adopted the Vail Community Wildfire Protection Plan (CWPP). A primary goal of the CWPP was to reduce the risk of a wildland urban disaster within the Town of Vail. An essential element in achieving this goal is to prevent the ignition of structures. The most effective manner to achieve this goal is to require a non-combustible zone around all structures. Since introduction at the March 15, 2022 meeting, Ordinance No. 2 has been modified to incorporate public and Town Council input. Staff Recommendation: Approve Ordinance No. 2, Series of 2022 on first reading Novak and Cada provided a review of Ordinance No. 2, Series of 2022. Cada reviewed the WUI Structure/Parcel/Community Fire Hazard Mitigation Mythology. The report identified risk between structures less than 30 feet separation and the recommended mitigation to reduce the shared risk. 62% of all structures within the town are built within 30 feet of the nearest structure. Ordinance No. 2 regulated a 5-foot mandatory non-combustible zone around all buildings. Each building would create a zone of non-combustible materials that extended from the foundation wall or attachment out five feet. Trees planted outside the 5 -foot zone that hung over into the zone would be limbed up to a height of 6 feet to leave a 2-foot gap between the nearest branch and the building. Cada shared since the last presentation to council regarding this matter was heritage trees 12 inches diameter and 40 feet tall; aspens 8-inch diameter regardless of location would be exempted from the 5-foot requirement. Langmaid shared council had heard from the community concerning this ordinance. Many are not ready for the requirement and suggested taking a year for homeowners to voluntarily take action at their residence and to allow more community outreach and education. Seibert stated the proposed ordinance did not go into effect for 3 years and wonder why they wouldn’t just pass the ordinance being proposed. Foley stated he would prefer to be proactive than reactive. May 3, 2022 - Page 17 of 498 Town Council Meeting Minutes of April 5, 2022 Page 11 Davis felt if there was a catastrophic fire the 5-foot requirement would not matter. He asked where and when would the 5-foot requirement be effective. Novak said there were a lot of different fire scenarios and it would be difficult to provide that information. The science shows having a fire free five zone was effective in most fire types. Public comment was called. Jack Burgee, Vail resident, agreed with the ordinance and asked what council’s concerns were. Bob Armour, Vail resident, asked about his comment regarding the loss of buildings in fire in 2007 in Tahoe. Novak clarified there were no homes lost in the Tahoe Basin and the structures lost on the west slope where most of those homes were forest service cabin that did not have any irrigation. Armour requested before and after pictures of the town hall and west vail fire station looks like for the community to understand what effect the ordinance would have to their homes. Cleveland shared he planted over $1000 for trees to provide shade rather than installing air condition. To remove those trees would cost more than $2000 to remove those trees. He hopes council won’t kick this topic down the road – make a decision and take the heat either way. John Rediker, Vail resident, stated the $150,000 for assistance that was previously passed this evening was way underfunded. He had many issues with the proposed ordinance from the types of trees to the appeal process. Requiring removal of aspen trees and justifying the exemption of heritage trees does not make sense. Susan Bird, Vail resident, she agrees with Cleveland and Rediker points. She would request the DRB have a part of this ordinance. She questioned what happens when the properties outside of town limits don’t have to regulate their properties. Public comments closed. Coggin confirmed Ordinance No. 2 if passed wouldn’t go into effect for three years. He argued the perception of how many trees would be affected. He suggested taking a year to work on education and host more outreach programs and bring the ordinance back in a year. Langmaid requested an outreach to the properties in Eagle County that are close to town limits would participate in the requirement. *Ordinance No. 2, Series of 2022 was not passed nor tabled. 8.3. Ordinance No. 5, Series of 2022, First Reading, An Ordinance Amending Various Sections of the Vail Town Code Relating to Alcoholic Beverages, to Reflect Changes in State Law Presenter(s): Tammy Nagel, Town Clerk Action Requested of Council: Approve, approve with amendments or deny first reading of Ordinance No. 5, Series 2022. May 3, 2022 - Page 18 of 498 Town Council Meeting Minutes of April 5, 2022 Page 12 Background: The Colorado General Assembly recently passed, and the Governor recently signed into law, House Bill 18-1023 and House Bill 18-1025, which will move sections of Title 12 of Colorado Revised States into a new Title 44, effective October 1, 2018 and the Town Council wishes to update the Vail Town Code accordingly. Staff Recommendation: Approve, approve with amendments or deny first reading of Ordinance No. 5, Series 2022. Nagel reviewed Ordinance No. 5, Series of 2022 with council stating the amendments to certain areas of the town code reflect changes to State Law concerning alcoholic beverages. Nagel confirmed the changes would not affect any liquor process or license. There was no public comment. Coggin made a motion to approve Ordinance No. 5, Series of 2022 upon first reading; Staufer seconded the motion passed (7-0). 9. Public Hearings 9.1. Ordinance No. 4, Series of 2022, First Reading, Four Seasons Amendment to SDD No. 36 to allow for reconfiguration of existing accommodation units, fractional fee units and dwelling units, and to amend the Employee Housing Plan to relocate a portion of the existing onsite employee housing offsite Presenter(s): Jonathan Spence, Planning Manager Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2022, upon first reading. Background: On March 14, 2022, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to the requirement of Section 12-9A, Special Development (SDD) District, Vail Town Code. At the conclusion of the public hearing, the PEC voted 5-0-1 (Gillette abstained) to forward a recommendation of denial, to the Vail Town Council Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2022, upon first reading. Spence reviewed Ordinance No. 4, Series of 2022 with council stating this was a major amendment to the SDD No. 36 Four Seasons Resort. Spence provided history to the subject stating when the application was filed with community development dept. for the PEC to have a public hearing for a recommendation to the council for a major amendment to SDD No 36 staff suggested first to present the amendment to the PEC at a work-session; return to PEC for a public hearing at a later date with an application that incorporated any of the PEC suggested changes. The Applicant chose to have a public hearing before the PEC. At the end of the hearing the PEC voted 5-0-1 to forward to council a recommendation of denial. Spence stated the applicant, Four Seasons Resort, was requesting a major amendment to SDD No. 36, Four Seasons, to change the unit mix within the resort and to relocate a portion of the existing on-site employee housing to down-valley communities. May 3, 2022 - Page 19 of 498 Town Council Meeting Minutes of April 5, 2022 Page 13 Council had no questions of Spence Andrew Sellnau and Gary Barnett, Extell Development, presented on behalf of the Applicant, Four Seasons Resort, sharing they were in the last phases of the renovating the hotel to improve public space to utilizing unused spaces like the two floors never have been at full occupancy and low utilization. The change requested would be to keep one floor as housing units and convert the other floor to hotel rooms. This would allow the ability to convert some of the larger spaces into condominiums to sell generating revenue also for the town. Barnett acknowledged staff’s arguments, but these dorm-like units were not suitable for long-term staff to call home. He hoped the council would consider the request tonight. Sellnau presented a PowerPoint stating the SDD for the Four Seasons Resort was passed in 2001 and received additional amendments in 2003 and 2005. A condition included in the Resort’s approved SDD was that 28 employee housing units were to be provided onsite. The units were created and approved as dormitory style and double occupancy in order to house 56 of the employees generated by the new development. The units have never housed that many employees. The units do not have kitchens and bathrooms are shared by 4 people. There are no other types of facilities such as a tv room or family room for employees to use. Amendments to SDD #36 are intended to allow for the reconfiguration of the Four Seasons that would include: • Maintaining 12 onsite dorm rooms for J1s, H2Bs and temporary employees; • Replacing the other 16 underutilized onsite deed-restricted employee dorm rooms with offsite deed restrictions; • Reconfiguring the underutilized employee housing units into hotel accommodation units; • Reclassifying seven existing hotel accommodation units into four dwelling units. Sellnau stated the Applicant proposed: To abandon the 1:1 bedroom approach and instead follow an employee basis count in line with Town Code. To deed-restrict approximately 28 bedrooms within units that have adequate living, kitchen and bathroom spaces, and within the Mitigation Region (Vail, Eagle-Vail, Avon and Edwards core). Siebert asked what the size of the condominiums being created are and what would they be sold? Sellnau said there are three suites will be combined to create one condominium in total four condominiums would be created each about 2500 square foot. Siebert asked why the Applicant wasn’t purchasing housing in town or offering these units to other employers in town. Sellnau said there were operational issues when housing another employers housing. Public comment was called. Steve Lindstrom, VLHA Chair, shared the Authority had met with the Applicant several times regarding the amendment and they support the request. Burgee, Vail resident, thought it was a decent solution. Public comment was closed May 3, 2022 - Page 20 of 498 Town Council Meeting Minutes of April 5, 2022 Page 14 Sellnau closed with acknowledging the solutions are not perfect but trying to improve the housing situation for their employees. The Applicant was looking to move forward as quickly as they could. Sellnau shared there was a contract on an Eagle Vail property pending on tonight’s decision. Spence said the housing requirement was part of the SDD and the applicant had never approached the town before regarding under utilized housing units. Housing should stay in town. Coggin understands people don’t want to live in dorm units but would like to figure out a solution with purchase of units in town and he would not support a master lease. Mason asked if the Eagle Vail property was a master lease. Sellnau said they would be purchasing the units and have them listed as Town of Vail deed restriction. She agreed the units need to be in Vail. Langmaid would like to see all housing in Vail. She felt if the town could purchase three units tonight in the town limits than the Four Season should be able to as well. Staufer agreed the housing needed to be in Vail. Foley made a motion to remand the applicant back to the PEC for further considerations based on tonight’s comments; Staufer seconded the motion passed (7-0). 9.2. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of a Condition of Approval for DRB22-0035, a residential project located at 3070 Booth Creek Drive Presenter(s): Jonathan Spence, Planning Manager Action Requested of Council: Uphold, overturn, or overturn with modifications, the Design Review Board’s March 2, 2022 decision. Background: The applicant, Reggie D. Delponte Residence Trust No. 1 & No. 2, represented by Shepherd Resources Inc. AIA, requested the review of an addition to an existing single-family home before Design Review Board, pursuant to Section 12-11-3, Vail Town Code, located at 3070 Booth Creek Drive. The Design Review Board, at its March 2, 2022 meeting, by a vote of 5-0, approved the project with the noted condition Staff Recommendation: Uphold, overturn, or overturn with modifications, the Design Review Board’s March 2, 2022 decision. Spence addressed council asking that due to some issues raised by the Appellant’s letter staff was requesting this item to be continued to the next council meeting to allow time for staff to investigate the relationship of the stream health and the encroachment. Mire stated statute allowed for a 30-day continuance to May 3. Wendell Porterfield, representing the Appellant, said they were just recently told of this request as didn’t understand the reason for the request. He stated there would be a financial loss to the Appellant if there was a 30-day continuance. May 3, 2022 - Page 21 of 498 Town Council Meeting Minutes of April 5, 2022 Page 15 Coggin made a motion to continue this public hearing to the May 3rd council meeting; Foley seconded the motion passed (7-0). 9.3. Ordinance No. 3, Series 2022, Second Reading, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment Fund, Residences at Main Vail Fund and Dispatch Services Fund. Presenter(s): Carlie Smith, Deputy Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 3, Series 2022. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 3, Series 2022. Smith quickly reviewed the changes to Ordinance No. 3, Series of 2022 upon second reading. There was no public comment. Council had no questions. Coggin made a motion to approve Ordinance No. 3 Series of 2022 upon second reading; Staufer seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 9:35 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk May 3, 2022 - Page 22 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A pril 19, 2022 Town Council Meeting Minutes AT TAC H ME N TS: Description April 19, 2022 TC Meeting Minutes May 3, 2022 - Page 23 of 498 Town Council Meeting Minutes of April 19, 2022 Page 1 Vail Town Council Meeting Minutes Tuesday, April 19, 2022 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Barry Davis Kevin Foley Jen Mason Pete Seibert Jonathan Staufer Staff members present: Stan Zemler, Interim Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Any action as a result of executive session Mason made a motion to authorize the Town Attorney to bring a resolution for condemnation on the property known as East Vail Workforce Housing Subdivision Lot 1, and generally referred to as the Booth Heights Land Site for council’s consideration at the May 3, 2022 Town Council meeting; Foley seconded the motion passed (4-3 *Coggin, Davis and Siebert opposed). 2. Citizen Participation Beth Howard, COO of Vail Mountain, asked council not to move forward with condemnation of the Booth Heights property and explaining the Vail Resorts employee housing development was critical for Vail. Betsey Kiehl, Vail resident, stated shed supported the action of condemnation. Greg Niebeer, Vail Resort employee, expressed support for the Booth Heights development. He stated it was difficult for employees throughout the valley to find affordable housing. Carlos Robles, Vail Resort employee, also expressed support for the Booth Heights development. He stated he would like to be part of the community he works in. Meghan Madrid, Vail Resort employee, was in support of the Booth Heights development. She shared it was difficult to retain long term employees that have families. This housing project would help with that issue. Adam Solomon, Vail Resort employee, expressed support for the Vail Resort’s housing development. May 3, 2022 - Page 24 of 498 Town Council Meeting Minutes of April 19, 2022 Page 2 Trey Milhoan is speaking in favor of condemnation on behalf of the bighorn sheep herd. Merv Lapin, Vail resident, was in opposition to housing at Booth Heights and supported moving forward with condemnation. Cynthia Ryerson, Vail resident, also expressed her support for moving forward with condemnation. John Plack, Vail Mountain employee, stated Booth Heights was shovel-ready and should move forward to address the critical need for housing. He stated studies had been conducted that show the project would not impair the bighorn sheep herd. He questioned why other homes were allowed to be built in the same area. Jennifer Crabtree, Vail resident, was in support of condemnation. Packy Walker, Vail resident, shared Pioneer Day would be on Aug. 28 at the Ford Amphitheater. He asked council for an $8,000 contribution for his event to help offset expenses. Mason shared with her council members the Cultural Heritage Committee was recommending an $8K contribution. 3. Announcement of Grand Prize Winner of E-Bike Following Close of 2022 Town of Vail Community Survey 3.1. Announcement of Grand Prize Winner of E-Bike Following Close of 2022 Town of Vail Community Survey Presenter(s): Mayor Langmaid The 2022 Town of Vail Community Survey was conducted between March 21 and April 18 with more than 1,000 participants taking part. As a thank you to community members for their participation, respondents were eligible to win an e-bike in a grand prize drawing on April 19, plus ten $100 Visa gift cards from among the completed surveys. The e-bike grand prize is a Giant Roam E+ thanks to generous support from Venture Sports. Results from the survey will be presented to the Town Council and community on June 7. Langmaid explained everyone who completed the 2022 Town of Vail Community Survey had opportunity to win an electric bike. Langmaid announced the winner was Katie Ulfig. 4. Proclamations 4.1. Proclamation No. 4, Series of 2022 50th Anniversary of the Vail Symposium Presenter(s): Dale Mosier, Vail Symposium Board Chair, Rob LeVine, Vail Symposium Treasurer, Kathy Kimmel, Vail Symposium Board Member, and Karen Nold, Vail Symposium Board Member Background: The Vail Symposium has continued for 50 years to create year-round, thought-provoking programs encompassing topics such as geopolitics, hot topics, environmental awareness, unlimited adventure, health and well-being, economics, May 3, 2022 - Page 25 of 498 Town Council Meeting Minutes of April 19, 2022 Page 3 consciousness and more, all with respected and recognized knowledgeable presenters; as such, as an accredited 501(c)(3) non-profit organization, the Vail Symposium has played an important role in the growth of our multi-cultural community. Staff Recommendation: Approve Proclamation No. 4, Series of 2022 50th Anniversary of the Vail Symposium Council took turns reading Proclamation No. 4, Series of 2022 into the record. 5. Consent Agenda 5.1. March 1, 2022 Town Council Meeting Minutes Foley made a motion to approve the March1 2022 Town Council meeting minutes; Coggin seconded the motion passed (7-0). 5.2. March 15, 2022 Town Council Meeting Minutes Coggin made a motion to approve March 15, 2022 meeting minutes; Foley seconded the motion passed (7-0). 5.3. Resolution No. 16, Series of 2022, A Resolution Approving an Intergovernmental Agreement between the Town of Vail and the Colorado Department of Transportation regarding Sediment Control Disposal Area on the North Side of Interstate 70 at Approximately M.P. 178-179 Background: The Town and the Colorado Department of Transportation wish to enter into an intergovernmental agreement for the construction of a sand/dirt storage facility on Interstate 70 Right of Way, in the Town Tracts A & C and Town easement area, with the Bald Mountain Townhomes Association for the purpose of sand/dirt storage and to provide aesthetic and noise mitigation to the surrounding neighbors. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 16, Series of 2022. Mason made a motion to approve Resolution No. 16, Series of 2022; Davis seconded the motion passed (7-0). 5.4. Resolution No. 17, Series of 2022, A Resolution Approving an Agreement between the Town of Vail and the Eagle County Sheriff's Office for the Purchase of K-9 Echo Background: The Vail Police Department hired an Eagle County Sheriff's Deputy that is currently serving as a K-9 officer. The Vail PD would like to buy the K-9 from ECSO to keep the K-9 in service. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 17, Series of 2022. May 3, 2022 - Page 26 of 498 Town Council Meeting Minutes of April 19, 2022 Page 4 Coggin made a motion to approve Resolution No. 17, Series of 2022; Davis seconded the motion passed (7-0). 5.5. Resolution No. 18, Series of 2022, A Resolution of the Town of Vail to Join the United Nations Global Mountain Partnership Background: The Town’s goals and values are aligned with the mission of the Mountain Partnership, a United Nations voluntary alliance of interested governments and organizations committed to working together with the common goal of achieving Sustainable Mountain Development around the world. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 18, Series of 2022. Davis made a motion to approve Resolution No. 18, Series of 2022; Staufer seconded the motion passed (7-0). 5.6. Resolution No. 19, Series of 2022, Fire Free Five Funding Background: At the April 5 Town Council Meeting, the Vail Town Council approved funding for a financial assistance program to assist property owners with creating a 5' non-combustible zone around their property. Funding for this program was included in the second reading of the budget supplemental. This Resolution formally establishes the Fire Free Five Community Assistance Program. Staff Recommendation: Approve Resolution No. 19, Series of 2022 establishing the Fire Free Five Community Assistance Program Staufer made a motion to approve Resolution No. 19, 2022, Series of 2022; Coggin seconded the motion passed (7-0). 5.7. Letters of Intent and Invitation to Visit Vail (to St. Moritz, Switzerland Officials and St. Anton am Arlberg, Austria Officials) in support of Vail's Peer Resort Exchange Program Mason made a motion to authorize the Town Manager to sign the letter of intent and an invitation to visit Vail to St. Moritz Switzerland and St. Anton am Arlberg, Austria; Davis seconded the motion passed (7-0). 5.8. Contract Award to Stone Security to Support the Milestone Camera Software Background: The Milestone camera software system is used to store and review the video footage gathered by over 240 cameras positioned around town. This video has been extensively used by the Police Department to assist with investigations and by the Parking department to track various issues in our structures. The Milestone system has become a critical tool in their day-to-day operations, and this support agreement ensures that the software is kept up to date and functioning effectively. Staff Recommendation: Direct the Town Manger to enter into an agreement in a form approved by the Town Attorney with Stone Security, LLC in the amount of $53,250 to support the town’s Milestone camera software system. May 3, 2022 - Page 27 of 498 Town Council Meeting Minutes of April 19, 2022 Page 5 Davis made a motion to authorize the Town Manager to enter into an agreement with Stone Security, LLC in an amount not to exceed $53,250; Coggin seconded the motion passed (7-0). 5.9. Contract Award to American Mechanical Services for Police Department Rooftop Unit Replacement Background: There are eight roof top units which provide heating and cooling to the department interior spaces. Over the past two years four out of the eight units have been replaced. This will be year number three and the plan is to replace unit numbers five and six. The new units are state of the art and are much more efficient than the existing units. They utilize condensing cooling eliminating the outdated existing evaporative cooling. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with American Mechanical Services to replace the Police Department's rooftop unit in the amount not to exceed $86,034.00. Coggin made a motion to authorize the Town Manager to enter into an agreement with American Mechanical in an amount not to exceed $86,034.00; Mason seconded the motion passed (7-0). 5.10. Contract Award with Eagle Valley Events for the production of Vail America Days Parade Background: An RFP was published to find an event producer to execute the Vail America Days Parade. Laurie Asmussen of Eagle Valley Events submitted a proposal that was reviewed and approved by the Commission on Special Events. Staff Recommendation: Direct the town manager to enter into an agreement, on a form approved by the town attorney, with Eagle Valley Events for the production of the Vail America Days parade and entertainment in an amount not to exceed $70,000. Mason made a motion to authorize the Town Manager to into an agreement with Eagle Valley Events for an amount not to exceed $70,000; Coggin seconded the motion passed (7-0). 6. Town Manager Report Zemler stated the restroom construction at the Booth Lake Trailhead would begin April 25 and the parking lot would be closed. Also, invitations to attend Steward Vail public engagement meetings next week were announced. Mia Vlaar, Economic Development Director, invited the community to attend the Destination Stewardship round table at Donovan Pavilion on Wednesday, April 27 3:30 pm – 6:30 pm and Thursday, April 28 12:30 pm – 2:30 pm. This was an opportunity for the community to gather and discuss and provide information concerning certain topics. 7. Action Items 7.1. Ordinance No. 6, Series of 2022, First Reading, An Ordinance Amending Title 12 of the Vail Town Code to Establish Setbacks from Gore Creek and its Tributaries May 3, 2022 - Page 28 of 498 Town Council Meeting Minutes of April 19, 2022 Page 6 Presenter(s): Peter Wadden, Water Quality and Greg Roy, Senior Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 6, Series of 2022, upon first reading. Background: The Gore Creek Strategic Plan, adopted by Vail Town Council in 2016, identifies the loss of riparian (streamside) vegetation as one of the three main causes of declining water quality in Gore Creek. The Plan recommends Town of Vail “update stream setbacks, riparian zones, vegetative buffer zones and other water quality objectives definitions and maps (Title 12 Review and Amendments).” The Planning and Environmental Commission (PEC) heard this application at seven different meetings and forwarded a recommendation of approval on March 14th, 2022. Staff Recommendation: Approve first reading Ordinance No. 6, Series of 2022 Waden reviewed Ordinance No. 6, Series of 2022 with council stating the proposed changes would establish a “Two-Year Flood Line” where the setback would be measured from. The 2- year flood line primarily runs along the “bank” of the creek. The centerline of the creek can change daily or weekly, so the flood lines varied on a longer timescale due to bank erosion and changes to the stream channel. Ordinance No. 6 would define the 2-Year Flood Line by the average two-year flood line on Gore Creek and its named tributaries, as established by the data set adopted by the Town Council by resolution. Waden explained the best way to protect Vail’s watercourses were to have a consistent setback from the bank of the watercourse, which could be distinguished by the average two-year flood line. The proposed code change would remove the section on the setbacks from the watercourse from the Supplemental Regulations in Section 14 and the new language would be inserted in Section 21 on Hazards to be consistent with the location of the floodplain regulations. Waden shared the (PEC) heard this application at seven different meetings and forwarded a recommendation of approval on March 14th, 2022. Coggin questioned the process of equity for each home when banks erode. Waden said there was a correction process for homeowners to challenge when those types of changes occur. Public comment was called. Dominic Mauriello, representing the ownership of the Evergreen Lodge, was not in full support of the ordinance. Measuring from a flood plain does not work for all properties. He recommends a field process to find the actual high-water marks are rather than relying on a computer program. The correction process needs to be based on going out into the field and finding the actual ordinary highwater mark because there are many variables that would need to be considered. Heather Houston, ecologist working with the Evergreen Lodge, agreed with Mauriello the ordinary highwater mark was a direct measurement of physical characteristics that can be seen in the field. The 2-year flood line was an estimation of where the highline might be located at. Fielded check process was important to ensure the lines are accurate. Public comment was closed. Seibert stated the opportunity was there for citizens if they do not agree with the outcome. May 3, 2022 - Page 29 of 498 Town Council Meeting Minutes of April 19, 2022 Page 7 Coggin shared he would not be voting for this ordinance tonight so that he may talk with Waden to better understand the ordinance. Foley made a motion to approve Ordinance No. 6, Serie of 2022; Staufer seconded the motion passed (5-2* Coggin and Mason opposed). 7.2. ERWSD Temporary Construction License Agreement Extension Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve extension of Temporary Construction License Background: Last year ERWSD began replacing a 50+ year old sewer main bridge that crosses the Eagle River in Dowd Junction adjacent to the Gore Valley Trail pedestrian bridge. The Town granted ERWSD a temporary construction license agreement to allow ERWSD to use town property for access and staging. The license expired on November 15, 2021 and ERWSD is requesting to extend the license through October 15, 2022. Staff Recommendation: Staff recommends approving this request and directing the Town Manager to extend the existing license agreement in a form approved by the Town attorney. Kassmel explained last year ERWSD began replacing a 50+ year old sewer main bridge that crosses the Eagle River in Dowd Junction adjacent to the Gore Valley Trail pedestrian bridge. The Town granted ERWSD a temporary license agreement on town property to allow ERWSD and their contractor to access the river via the Gore Valley Trail and utilize an existing gravel road and area that leads down to the river as access and staging. The granted license expired on November 15, 2021 and ERWSD is requesting to extend this license through October 15, 2022 to complete the project. Council had no questions. Foley made a motion to authorize the Town Manager to enter into an extended license through October 15, 2022 with ERWSD; Coggin seconded the motion passed (7-0). 7.3. 2022 Ford Park Summer Managed Parking Program Presenter(s): Greg Hall, Public Works Director, Steph Kashiwa Parking Operations Manager Action Requested of Council: Input and approval requested Background: Each spring the summer activities and events calendar is reviewed by the Ford Park User Groups, including representatives from Town of Vail, Vail Recreation District, Vail Valley Foundation (GRFA), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountain Science Center as operators of Vail Nature Center). The proposed managed parking program calendar is attached. Staff Recommendation: Approve the 2022 Ford Park Summer Managed Parking Program May 3, 2022 - Page 30 of 498 Town Council Meeting Minutes of April 19, 2022 Page 8 Hall explained to council that each spring the summer activities and events calendar was reviewed by the Ford Park User Groups and town staff. The calendar that was attached to the council’s packet was what the group was currently proposing for this year. Hall stated the calendar will continue to change as events happened. Council had no questions. Foley made a motion to approve the 2022 Ford Park Summer Managed Parking Program; Coggin seconded the motion passed (7-0). 7.4. Contract Award with Fehr & Peers for Vail Mobility & Transportation Master Plan Presenter(s): Tom Kassmel, Engineer Action Requested of Council: Ask questions. Background: The Town of Vail has budgeted to complete an update to the 2009 Vail Transportation Master Plan. The new plan will ultimately provide an updated Master Plan for Mobility and Transportation within Vail for the foreseeable future. The Town received 3 proposals. Staff Recommendation: Award the contract to Fehr & Peers in the amount of $300,000 in a form approved by the Town Attorney Kassmel reviewed the three proposals with council stating the Town of Vail had budgeted $300,000 to complete an update to the 2009 Vail Transportation Master Plan. Fehr & Peers $300,000 Toole Design $325,000 Felsberg, Holt, & Ullevig $475,000 After the thorough review of each proposal and interviews with both Fehr & Peers and Toole Design, town staff was recommending the town proceed with Fehr & Peers. Council had no questions. Coggin made a motion to authorize the Town Manager to enter into an agreement with Fehr & Peers in a form approved by the Town Attorney; Foley seconded the motion passed (7-0). 8. Public Hearings 8.1. Ordinance No. 5, Series of 2022, Second Reading, An Ordinance Amending Various Sections of the Vail Town Code Relating to Alcoholic Beverages, to Reflect Changes in State Law Presenter(s): Tammy Nagel, Town Clerk Action Requested of Council: Approve, approve with amendments or deny second reading of Ordinance No. 5, Series 2022. May 3, 2022 - Page 31 of 498 Town Council Meeting Minutes of April 19, 2022 Page 9 Background: The Colorado General Assembly recently passed, and the Governor recently signed into law, House Bill 18-1023 and House Bill 18-1025, which will move sections of Title 12 of Colorado Revised States into a new Title 44, effective October 1, 2018 and the Town Council wishes to update the Vail Town Code accordingly. Staff Recommendation: Approve, approve with amendments or deny second reading of Ordinance No. 5, Series 2022. Nagel presented Ordinance No. 5, Series of 2022 to council stating there were no changes since first reading. There was no public comment. Council had no questions. Coggin made a motion to approve Ordinance No. 5, Series of 2022 upon second reading; Davis seconded the motion passed (7-0). 9. Executive Session 9.1. Executive Session pursuant to: 1. C.R.S. §24-6-402(4)(b) - to have a conference with the Town Attorney to receive legal advice on specific legal questions, and C.R.S. §24-6-402(4) (e) to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators on the topic of pending litigation, Town of Vail v. Town of Vail, case number: 2021CV30084; 2. C.R.S. §24-6-402(4)(b) - to have a conference with the Town Attorney to receive legal advice on specific legal questions, C.R.S. §24-6-402(4)(e) to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators, and C.R.S. §24-6-402(4)(a) to consider the purchase, acquisition, lease, transfer or sale of real, personal or other property on the topic of the acquisition of property described as East Vail Workforce Housing Subdivision Lot 1, and generally referred to as the Booth Heights Land Site; 3. C.R.S. §24-6-402(4)(b) - to have a conference with the Town Attorney to receive legal advice on specific legal questions and C.R.S. §24-6-402(4) (e) to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators on the topic of the agreement between the Town of Vail and Vail Associates Inc., to manage peak periods on Vail Mountain: 4. C.R.S. §24-6-402(4)(e) to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators on the topic of interviewing search firms to assist in the hiring of the Town of Vail Town Manager; and May 3, 2022 - Page 32 of 498 Town Council Meeting Minutes of April 19, 2022 Page 10 5. C.R.S. §24-6-402(4)(b) - to have a conference with the Town Attorney to receive legal advice on specific legal questions on the topic of Ordinance No. 6, 2022 Amending Section 12-14-17 and 12-21-17 of the Vail Town Code to establish setbacks from Gore Creek and its tributaries. Presenter(s): Matt Mire, Town Attorney Coggin made a motion to continue the afternoon executive session pursuant to the above recitals; Foley seconded the motion passed (7-0). Council adjourned from executive session There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 7:50 p.m. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Tammy Nagel, Town Clerk May 3, 2022 - Page 33 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 20, S eries of 2022 , A Resolution A pproving an A mended Operating Plan and B udget of the Vail L ocal Marketing District for its Fiscal Year J anuary 1, 2022 Through December 31, 2022. AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Resolution No. 20, Series of 2022. B AC K G RO UND: S ee attached memo. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 20, S eries of 2022. AT TAC H ME N TS: Description 220503 V LMD 1st Supp P P 220503 V LMD 1st Supp May 3, 2022 - Page 34 of 498 MAY 3, 2022 VAIL LOCAL MARKETING DISTRICT MEETING May 3, 2022 - Page 35 of 498 Agenda •Budget Overview Future Considerations •Strategy and Goals •Supplemental Tactical Plan & Request •Request for approval of Supplemental Plan and Budget May 3, 2022 - Page 36 of 498 BUDGET OVERVIEW & SUPPLEMENTAL REQUEST May 3, 2022 - Page 37 of 498 First Supplemental Request Revenues $4.4M ●Total Amended Lodging Tax Revenue of $4.4M; $610K Increase ●Forecast YTD (through March) with remainder of year flat with 2021 Expenditures $4.8M ●Total Amended Budget of $4.8M; $620K increase Fund Balance $2.3M ●Estimated fund balance at the end of 2022 is $2.3M; 52% of annual revenues May 3, 2022 - Page 38 of 498 Fund Balance Distribution Planning Potential use of the fund balance over a 3-5 year time frame could include funding to support: ●Vail summer signature events ●Tactical implementation of the Steward Vail, Destination Stewardship Plan ●EGE air alliance contribution toward flight guarantees ●Additional research: on-site visitor behavior ie: trail visitation Future Considerations for Fund Balance May 3, 2022 - Page 39 of 498 2022 BUDGET SHIFTS May 3, 2022 - Page 40 of 498 Contingency Use Contingency funds in existing budget have been utilized for: •Destination Stewardship Research: SMARI Visitor Research study to gather data to inform strategy on value-based marketing. •Travel Classics Host: In the fall of 2022, the VLMD will sponsor and host the premier travel media conference in the world, connecting top freelance travel writers and editors in North America. •PR Social Influencer Tool: Allow VLMD ability to effectively select and monitor influencers. Budget shifts: -$98,000 May 3, 2022 - Page 41 of 498 Paid Media: Shift to Destination Visitors Reduced Front Range media by 62% YOY, by reducing overall paid media budget by 22% and shifting to destination Budget shifts: Moved 18% of budget from Front Range to Destination KPI’s: Awareness: Impressions Consideration: clicks to website, video completion rate, etc.Engagement: time on site, pages viewed, etc. May 3, 2022 - Page 42 of 498 STRATEGY: DATA DRIVEN MARKETING OPTIMIZES VISITATION May 3, 2022 - Page 43 of 498 2022 Goals Maximize longer stays and higher spend, gain greater understanding of customer through research. Optimize Visitation Use Data to understand our guest to enhance engagement & loyalty. Grow Database + Build Relationship Protecting and sustaining our natural environment and attractions while elevating the guest and resident experience. Destination Stewardship Position Vail as the Premier International Mountain Resort Community and work with community partners to define, support and deliver on the brand. Brand Positioning Drive responsible revenue growth in Vail by focusing on quality of guest, length of stay and guest spend, while effectively communicating community values. Key Performance Indicators (KPIs) include lodging occupancy and average daily rate and lodging and sales tax revenues with a focus on mid week and lower demand time periods. Business Goal May 3, 2022 - Page 44 of 498 Data-Driven Marketing Helps Optimize Visitation IN-RESORT: Focus on driving more signups in-resort. May 3, 2022 - Page 45 of 498 Data-Driven Marketing Helps Optimize Visitation INCREASE QUALIFIED WEBSITE TRAFFIC: -Improve web search terms -Media placement is informed by customer data -Engaging visuals and unique storytelling content May 3, 2022 - Page 46 of 498 APPEND 3RD PARTY DATA Use current customer records and purchase additional information on those customers to better inform our marketing and messaging Data-Driven Marketing Helps Optimize Visitation May 3, 2022 - Page 47 of 498 TACTICAL PLAN & SUPPLEMENTAL REQUEST May 3, 2022 - Page 48 of 498 Data Systems - Growth Since Strategy Shift Customer Data Today No demographic data for 95% of records Future Customer Data Growth in depth with robust insights on each record Sample Profile Today: ●suzie@gmail.com ●Zip: 60657 Sample Profile Future: ●suzie@gmail.com (Susan Smith) ●Zip: 60657 (2900 N. Burling, 3N) ●45-year old married mother of 2 ●Income = $350k, NW = $2.5M ●Enjoys beach and ski vacations ●Hobbies are cooking and gardening ●Reads Wine Aficionado 2022 Goal = 150,000 May 3, 2022 - Page 49 of 498 Data Acquisition and Data-Driven Media Investment in appended data primarily to existing customers in our database to enable personalization and better drive conversion. •3rd Party Data Append •Data-Driven Media/Measurement Pilot •Email Acquisition •In-resort Data-Capture Budget: $191,500 Business Goal Pillar: Optimize Visitation, Grow Database + Build Relationship & Destination Stewardship Key Performance Indicator (KPI): Number of appended records, engagement and conversion resulting from more personalized informed targeting and communications May 3, 2022 - Page 50 of 498 Content to Enable Data-Driven Marketing Enhance Infrastructure •Web search term optimization •Content Management System and training •Updated email templates Improve Ongoing Content and Communications •Web search terms to own our space completely •Content creation including frequent long-form blog creation •Triple the amount of outgoing emails •Improve website and user experience management •Enhanced reporting, and better analytics to manage growth and scale Budget: $149,350 Business Goal Pillar: Optimize Visitation, Grow Database + Build Relationship & Destination Stewardship KPI: ○Improved site metrics (data capture, time on site, pages visited, etc.) ○Top position search results in organic search for identified keywordsMay 3, 2022 - Page 51 of 498 Photo/Video Management Invest in Photo/Video Asset Management Tool, Intelligence Bank, that VLMD controls with strong sorting system, and easy to manage permissions for vendors/media/partners. Space to allow for Town of Vail asset sharing as well. Budget: $18,475 Business Goal Pillar: Brand Positioning KPI: By providing easier access to content to lodging/merchants/community and partners, creative campaign and messaging will be extended and strengthened. May 3, 2022 - Page 52 of 498 Research and Data: Mexico •In-Market Research ○Understand competition within US mountain resorts, ○Understand where high-end Mexican travelers are going in the U.S., and what they are looking for in their travel experiences. ○Gauge familiarity with Vail and the level of existing knowledge about the destination. •Santander Credit Card Promotion - Partner with Santander, the largest credit card company in Mexico, for a mid-week fall promotion. Budget: $19,000 Business Goal Pillar: Optimize Visitation & Destination Stewardship KPI: Total completed surveys with recommendations for future targeting and marketing. Reach and total impressions of media buy, number of packages purchased May 3, 2022 - Page 53 of 498 Social and Fall Media: Mexico •Social Campaign - Use social media to gauge Mexico visitation in market to capture data and better target future marketing. •Fall Media Buy w/Retail Offer - Develop fall retail offer that’s promoted via media buy to drive September/October business. Budget: $25,000 Business Goal Pillar: Optimize Visitation, Grow Database + Build Relationship KPI: Newsletter reach, social sharing and database growth, packages purchased May 3, 2022 - Page 54 of 498 Influencer Co-Op Develop a co-op program to offset influencer hosting expenses at hotels. Expenses can include dining, activities, spa treatment and/or lodging costs. In return, influencers would be contracted to include DiscoverVail handles and hashtags in posts. Budget: $20,000 Business Goal Pillar: Brand Positioning KPI’s: Property participation and social engagement/growth May 3, 2022 - Page 55 of 498 2021 Reappropriations Reappropriation for items budgeted in 2021 that were not fully completed rolled forward to 2022. ●Giveaway items with delayed shipping ●Video and digital production for Dream campaign that wasn’t completed until January 2022 ●Reporting tool subscription renewal in 2021 but is mostly for 2022 Budget: $35,639 May 3, 2022 - Page 56 of 498 Contingency Replenish contingency for support as needed with •Crisis budget: natural disasters, public health challenges, etc. •Opportunity funds Budget: $200,000 May 3, 2022 - Page 57 of 498 Vail Local Marketing District Advisory Council recommends that the Vail Local Marketing District approve the 2022 Supplemental Plan and budget request of $664,964. Action Requested May 3, 2022 - Page 58 of 498 THANK YOU May 3, 2022 - Page 59 of 498 To: From: Date: Subject: Town Council Vail Local Marketing District May 3, 2022 Vail Local Marketing District 2022 1st Supplemental Budget Request I. BACKGROUND The mission of the Vail Local Marketing District (VLMD) is to market and promote Vail to attract overnight destination guests primarily during the non-ski season time frame, creating economic vitality by increasing the visitor base, sales tax and lodging tax revenues with a focus on mid-week and lower demand time periods. The overarching goal of the VLMD is to drive responsible revenue growth in Vail by focusing on quality of guest, length of stay and guest spend, while effectively communicating community values. II. BUDGET DETAIL The Vail Local Marketing District’s 2022 Operating Plan and Budget was finalized in October of 2021. At that time revenue projections were forecasted conservatively as impacts of COVID-19 to the 2021/2022 winter season were still uncertain. Since then, the town has experienced increased visitation as well as higher ADR across the months. The updated 2022 lodging tax projection totals $4,435,000, up 4% from 2021 actual collections and up 20% from 2019 actual collections. This will generate an additional $610,000 in revenues from the current budget. Expenditures are being proposed to increase by $655,964 for various initiatives including web search optimization, branding and production, and data infrastructure. Details of each request are outlined below. The amended 2022 expenditure budget will total $4,855,964, up $1,2,08,037 or 33% from 2021 actuals. The 2022 budget utilizes $419,964 of fund balance and is projected to end the year with $2,290,898 of reserves, 52% of annual revenues and above Council’s directive of 25%. During 2020 and 2021, the VLMD reserves increased due to better than expected revenues combined with conservative budgeting and spending during the pandemic. The Vail Local Marketing District Advisory Council (VLMDAC) has identified and prioritized future spending and investments should revenue continue to increase. Examples of future considerations include funding of signature summer events, EGE air alliance guarantee support, on-site research on visitor behavior such as trail usage, and Steward Vail implementation tactics. May 3, 2022 - Page 60 of 498 Town of Vail Page 2 III.SUPPLEMENTAL REQUEST The VLMDAC is recommending a supplemental budget increase of $655,964. The majority of this request focuses on search optimization, database infrastructure, and contingency. A total of $146,350 is requested to create a robust and intentional approach to web search engine optimization and match the search terms to comprehensive website content with enhanced reporting and analytics to manage growth and scale. This will include the following: - Website: $59,350 o Foundational structure for ongoing optimization of web search terms o Web search terms to own our space completely o Website and user experience improvement, management and training - Branding and Production: $29,100 o Updated email templates o Content creation including frequent long-form blog creation - Email Marketing: $57,900 o Triple the amount of outgoing emails with increased segmentation and personalization An additional $191,500 is requested to invest in data, primarily to grow the level of insight on existing customers in the database to enable personalization and drive better engagement and conversion. This will include the following: - Database Infrastructure and Enhancements: $141,500 o 3rd Party Data Append o Data-Driven Media/Measurement Pilot o Email Acquisition - In-resort Data-Capture: $50,000 o Create in-village marketing efforts to drive newsletter signups and website visitation through targeted collateral and interactive event activation The VLMDAC is also requesting $200,000 to replenish and increase the contingency budget. The board has utilized a total of $98,000 of contingency to date. The board appropriated $75,000 of contingency funds to the Travel Classics media event ($75,000) which will occur In the fall of 2022. The VLMD will sponsor and host the premier travel media conference in the world, connecting top freelance travel writers and editors in North America. Contingency was also used to fund a new public relations influencer tool ($3,000), and a Destination Stewardship SMARI Visitor Research study to gather data to inform strategy on value-based marketing ($20,000). These shifts are reflected in the attached fund statement. May 3, 2022 - Page 61 of 498 Town of Vail Page 3 The remaining $118,114 is requested for the following: - $18,475 for an owned photo/video asset management tool that will allow VLMD to enhance availability of visual assets for partners and community. - $19,000 for in-market research in Mexico to understand competition within US mountain resorts and gauge visitor travel expectations. Additionally, a partnership with Santander, the largest credit card company in Mexico, for a fall mid-week promotion. - $25,000 for a social campaign and fall media buy in Mexico. The social campaign will monitor in-market business and the fall media buy will drive September and October visits. - $20,000 to develop a co-op program to encourage influencer hosting by offsetting hosting expenses. - Re-appropriation of $35,639 for items budgeted in 2021 that were not fully completed including giveaway items delayed due to supply chain issues and video and digital production for the “Dream” campaign. IV.BUDGET SHIFTS In addition to the $98,000 of contingency shifts listed above the VLMDAC shifted $45,027 of media spend from Front Range media to Destination media to target audiences more likely to stay off-peak, mid-week, and for a longer period of time. V.ACTION REQUESTED OF VAIL LOCAL MARKETING DISTRICT The Vail Local Marketing District recommends that the Vail Town Council approve the supplemental budget of $655,964. May 3, 2022 - Page 62 of 498 2021 Actuals Under/(Over) Budget 2022 Budget Budget Shifts 1st Supplemental 2022 Amended Budget Income Lodging Tax 4,271,879 871,879 3,825,000 610,000 4,435,000 PY Lodging Tax 4,850 4,850 - Interest Income 281 (719) 1,000 1,000 Misc Income 2,970 2,970 - Total Income 4,279,980 876,010 3,826,000 - 610,000 4,436,000 Expense Destination 943,457 (6,256) 835,000 45,027 880,027 International 44,090 910 56,000 44,000 100,000 Front Range 449,774 15,189 218,500 (60,027) 158,473 Groups and Meetings 201,894 48,106 265,000 265,000 Public Relations Expenses 98,000 13,000 177,000 (55,000) 122,000 Content/Influencer Strategy 50,149 (49) 88,000 3,000 20,000 111,000 Photography / Video 158,752 (17,752) 240,000 15,000 18,475 273,475 Research 64,218 10,782 143,000 21,250 164,250 Web Site 173,449 37,569 213,300 59,350 272,650 Admin Miscellaneous 4,663 13,337 8,000 8,000 Email Marketing 14,003 12,608 94,640 57,900 152,540 Branding 564,936 52,564 479,500 30,000 64,739 574,239 Contingency 11,532 130,760 (98,000) 200,000 232,760 Destination Stewardship Mgmt Plan - 100,000 100,000 Database Warehousing and Research 421,969 42,631 591,300 (41,250) 141,500 691,550 In-Market Marketing 2,982 (2,982) 105,000 50,000 155,000 Professional Fees Legal and Accounting 25,000 - 25,000 25,000 Lodging Liaison 43,175 4,825 48,000 48,000 Advertising Agent Fees 191,000 4,000 160,000 10,000 170,000 Marketing Coordination-TOV 95,000 - 95,000 95,000 Marketing Coordination-VVP 37,500 - 41,500 41,500 Professional Fees - MYPR 38,917 16,083 60,500 130,000 190,500 Total Professional Fees 430,592 24,908 430,000 140,000 - 570,000 Special Event Funding Event Liaison 25,000 - 25,000 25,000 Total Special Events 25,000 - 25,000 - 25,000 Total Expense 3,647,926 256,098 4,200,000 - 655,964 4,855,964 Revenue over (Under) Expenditures 632,053 1,135,077 (374,000) - (45,964) (419,964) Beginning Fund Balance 2,078,809 2,710,862 2,710,862 Ending Fund Balance 2,710,862 2,336,862 2,290,898 Fund Balance (25% required)63%55%52% VAIL LOCAL MARKETING DISTRICT 2022 AMENDED BUDGET SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE May 3, 2022 - Page 63 of 498 Resolution No. 20, Series of 2022 RESOLUTION NO. 20 SERIES OF 2022 A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2022 THROUGH DECEMBER 31, 2022 WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the operating plan the Vail Local Marketing District (the “VLMD”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council approves the operating plan and budget of the VLMD for marketing related expenditures beginning on the first day of January, 2022, and ending on the 31st day of December, 2022. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3rd day of May 2022. ___________________________________ Kim Langmaid, Town Mayor Attested: _________________________ Tammy Nagel, Town Clerk May 3, 2022 - Page 64 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 21, S eries of 2022, a Resolution Approving an Agreement between the Town of Vail and the S tate of Colorado Department of Human S ervices for Co- Responder Mental Health Services B AC K G RO UND: The I ntergovernmental A greement with the S tate of Colorado Department of Human Services for mental health service is necessary and will promote the health, safety, morals, and general welfare of the Town. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 21, S eries of 2022. AT TAC H ME N TS: Description Resolution No. 21, Series of 2022 exhibit A May 3, 2022 - Page 65 of 498 RESOLUTION NO. 21, Series of 2022 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE TOWN OF VAIL AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES FOR CO-RESPONDER MENTAL HEALTH SERVICES WHEREAS, The Co-Responder model was developed to link people with mental illnesses to appropriate services or to provide other effective responses by partnering specifically trained officers with mental health professionals to provide a joint, secondary response to a necessary situation; and WHEREAS, The Town wishes to enter into an Intergovernmental Agreement with the State of Colorado Department of Human Services for the provision of Co-Responder services pursuant to the terms of the Department of Human Services Contract (the “Contract”) attached hereto as Exhibit A, NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Contract and authorizes the Town Manager to enter into the Contract on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3rd day of May 2022. ___________________________ Kim Langmaid, Town Mayor ATTEST: ______________________ Tammy Nagel, Town Clerk May 3, 2022 - Page 66 of 498 v.4.08 Page 1 of 34 STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES CONTRACT SIGNATURE AND COVER PAGES CMS #: 23 IBEH 174376 eClearance#: 2203435 State Agency Colorado Department of Human Services Office of Behavioral Health Community Behavioral Health Contractor Town of Vail for the use and benefit of the Vail Police Department Contractor’s State of Incorporation: Colorado Contract Maximum Amount Initial Term State Fiscal Year 2023 $300,000.00 Extension Terms Maximum Amount for All Fiscal Years $300,000.00 Contract Performance Beginning Date The later of the Effective Date or July 1, 2022 Initial Contract Expiration Date June 30, 2023 Except as stated in §2D, the total duration of this Contract, including the exercise of any options to extend, shall not exceed 5 Years from its Performance Beginning Date. Pricing/Funding Price Structure: Cost Reimbursement Contractor shall invoice: Monthly Fund Source: State General Fund Options The State shall have the following options if indicated with “Yes,” as further described in §2.C and §5.B.v: Option to Extend Term per §2.C: Yes Option to Increase or Decrease Maximum Amount per §5.B.v: Yes May 3, 2022 - Page 67 of 498 v.4.08 Page 2 of 34 Insurance Contractor shall maintain the following insurance if indicated with “Yes,” as further described in §10: Worker’s Compensation: Yes General Liability: Yes Automobile Liability: Yes Protected Information: Yes Professional Liability Insurance: Yes Cyber/Net. Security-Privacy Liability Insurance: No Crime Insurance: No Miscellaneous Authority to enter into this Contract exists in: CRS 27-60- 104. Law-Specified Vendor Statute (if any): NA Procurement Method: Exempt Solicitation Number (if any): N/A State Representative Emily Richardson, MSW, LCSW Manager - Co-Responder Services Office of Behavioral Health 3824 West Princeton Circle Denver, CO 80236 303-866-7709 / emily.richardson@state.co.us Contractor Representative Ryan Kenney, Commander Town of Vail 75 South Frontange Rd. W Vail, CO 81657 970-477-3433 / rkenney@vailgov.com Exhibits The following Exhibits are attached and incorporated into this Contract: Exhibit A - Statement of Work Exhibit B - Budget Exhibit C - Miscellaneous Provisions Exhibit D - HIPAA BAA/QSOA Contract Purpose In accordance with the provisions of this Contract and its exhibits and attachments, the Contractor shall implement a Co- Responder Services Program for its community by partnering with key stakeholder partners. Signature Page Begins On Next Page THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK May 3, 2022 - Page 68 of 498 v.4.08 Page 3 of 34 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract and to bind the Party authorizing his or her signature. CONTRACTOR Town of Vail for the use and benefit of the Vail Police Department ______________________________________________ By: Stan Zelmber, Town Manager Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Human Services Michelle Barnes, Executive Director ______________________________________________ By: Date: _________________________ 2nd State or Contractor Signature if Needed ______________________________________________ By: Name & Title of Person Signing for Signatory Date: _________________________ LEGAL REVIEW Philip J. Weiser, Attorney General By:_______________________________________________ Assistant Attorney General Date: _________________________ In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Andrea Eurich / Janet Miks/Toni Williamson Effective Date:_____________________ -- Signature and Cover Pages End -- May 3, 2022 - Page 69 of 498 v.4.08 Page 4 of 34 TABLE OF CONTENTS SIGNATURE AND COVER PAGES…………………………………………………………….1 1. PARTIES……………………………………………………………………………………….4 2. TERM AND EFFECTIVE DATE……………………..………..……………………………...4 3. DEFINITIONS………………………………………………………………………………….6 4. STATEMENT OF WORK……………………………………………………………………..9 5. PAYMENTS TO CONTRACTOR……………………..…………………………………….10 6. REPORTING-NOTIFICATION………………………………………………………………12 7. CONTRACTOR RECORDS……………………………………………………...…………..12 8. CONFIDENTIAL INFORMATION-STATE RECORDS……………………………………13 9. CONFLICTS OF INTEREST…………………………………………………………………15 10. INSURANCE…………………………………………………………………..…………….16 11. BREACH OF CONTRACT………………………………………………………………….19 12. REMEDIES……………………………………………………………………..……………19 13. STATE’S RIGHT OF REMOVAL………………………………………………...………..21 14. DISPUTE RESOLUTION……………………………………………………..…………….21 15. NOTICES AND REPRESENTATIVES…………………………………….………………22 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION…………..……………..22 17. STATEWIDE CONTRACT MANAGEMENT SYSTEM……………..……….…………..24 18. GENERAL PROVISIONS…………………………………………………………………..24 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)……….…….29 20. DEPARTEMENT OF HUMAN SERVICES PROVISIONS………………………..……..32 21. SAMPLE OPTION LETTER (IF APPLICABLE)…………………………………………34 1. PARTIES This Contract is entered into by and between Contractor named on the Signature and Cover Pages for this Contract (the “Contractor”), and the STATE OF COLORADO acting by and through the Department of Human Services (the “State” or “CDHS”). Contractor and the State agree to the terms and conditions in this Contract. 2. TERM AND EFFECTIVE DATE A. Effective Date This Contract shall not be valid or enforceable until the Effective Date. The State shall not be bound by any provision of this Contract before the Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred before the Effective Date or after the expiration or sooner termination of this Contract. B. Initial Term The Parties’ respective performances under this Contract shall commence on the Contract Performance Beginning Date shown on the Signature and Cover Pages for this Contract and shall terminate on the Initial Contract Expiration Date shown on the Signature and Cover Pages for May 3, 2022 - Page 70 of 498 v.4.08 Page 5 of 34 this Contract (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Contract. C. Extension Terms - State’s Option If the Signature and Cover Pages for this Contract shows that the State has the Option to Extend Term, then the State, at its discretion, shall have the option to extend the performance under this Contract beyond the Initial Term for a period, or for successive periods, at the same rates and under the same terms specified in the Contract (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to §21 “Sample Option Letter.” The State may include and incorporate a revised budget with the option letter, as long as the revised budget does not unilaterally change rates or terms specified in the Contract. Except as stated in §2.D, the total duration of this Contract, including the exercise of any options to extend, shall not exceed 5 years from its Performance Beginning Date, or the number of years specified on the Signature and Cover Pages if such number is less than 5 years, absent prior approval from the Chief Procurement Officer in accordance with the Colorado Procurement Code. D. End of Term Extension If this Contract approaches the end of its Initial Term, or any Extension Term then in place, the State, at its discretion, upon written notice to Contractor as provided in §15, may unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months (an “End of Term Extension” or “Holdover”), regardless of whether additional Extension Terms are available or not. Any such extension shall be under the same terms and conditions of the operative Contract including, but not limited to, prices, rates, and service delivery requirements. The provisions of this Contract in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement contract or modification extending the total term of the Contract. E. Early Termination in the Public Interest The State is entering into this Contract to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Contract ceases to further the public interest of the State, the State, in its discretion, may terminate this Contract in whole or in part. A determination that this Contract should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Contract by the State for breach by Contractor, which shall be governed by §12.A.i. May 3, 2022 - Page 71 of 498 v.4.08 Page 6 of 34 i. Method and Content The State shall notify Contractor of such termination in accordance with §15. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Contract, and shall include, to the extent practicable, the public interest justification for the termination. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Contractor shall be subject to the rights and obligations set forth in §12.A.i.a. iii. Payments If the State terminates this Contract in the public interest, the State shall pay Contractor an amount equal to the percentage of the total reimbursement payable under this Contract that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Contract is less than 60% completed, as determined by the State, the State may reimburse Contractor for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Contract, incurred by Contractor which are directly attributable to the uncompleted portion of Contractor’s obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Contractor hereunder. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Breach of Contract” means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109- 105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach. B. “Business Day” means any day other than Saturday, Sunday, or a Legal Holiday as listed in §24-11-101(1) C.R.S. C. “Chief Procurement Officer” means the individual to whom the Executive Director has delegated his or her authority pursuant to §24-102-202(6), C.R.S. to procure or supervise the procurement of all supplies and services needed by the state. May 3, 2022 - Page 72 of 498 v.4.08 Page 7 of 34 D. “CJI” means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, all information defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as defined under 24-72-302 C.R.S. E. “Contract” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. For purposes of clarification and the removal of any doubt, subject to any future modifications thereto, the Signature and Cover Pages and Sections 1 through 21, as identified in the Table of Contents herein above, shall constitute the “main body” of this Contract exclusively. F. “Contract Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Contract. G. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. H. “End of Term Extension” means the time period defined in §2.D. I. “Effective Date” means the date on which this Contract is approved and signed by the Colorado State Controller or designee, as shown on the Signature Page for this Contract. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then Effective Date of this Contract shall be the later of the date on which this Contract is approved and signed by the State’s Chief Information Officer or authorized delegate or the date on which this Contract is approved and signed by the State Controller or authorized delegate, as shown on the Signature and Cover Page for this Contract. J. “Exhibits” means the exhibits and attachments included with this Contract as shown on the Signature and Cover Pages for this Contract.. K. “Extension Term” means the time period defined in §2.C. L. “Goods” means any movable material acquired, produced, or delivered by Contractor as set forth in this Contract and shall include any movable material acquired, produced, or delivered by Contractor in connection with the Services. M. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents include, without limitation, (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes May 3, 2022 - Page 73 of 498 v.4.08 Page 8 of 34 to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent. N. “Initial Term” means the time period defined in §2.B. O. “Party” means the State or Contractor, and “Parties” means both the State and Contractor. P. “PCI” means payment card information including any data related to credit card holders’ names, credit card numbers, or the other credit card information as may be protected by state or federal law. Q. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §24-72-501 and 24-73-101, C.R.S. R. “PHI” means any individually identifiable health information, transmitted or maintained in electronic or any form or medium, including but not limited to demographic information,, (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to, any information defined as Individually Identifiable Health Information by the federal Health Insurance Portability and Accountability Act. S. “Services” means the services to be performed by Contractor as set forth in this Contract, and shall include any services to be rendered by Contractor in connection with the Goods. T. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, PHI, PCI, Tax Information, CJI, Educational Records, Substance Use Disorder Information, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; May 3, 2022 - Page 74 of 498 v.4.08 Page 9 of 34 (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. U. “State Fiscal Rules” means that fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. V. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. W. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. X. “Subcontractor” means third-parties, if any, engaged by Contractor to aid in performance of the Work. Y. “Tax Information” means federal and State of Colorado tax information including, without limitation, federal and State tax returns, return information, and such other tax-related information as may be protected by federal and State law and regulation. Tax Information includes, but is not limited to all information defined as federal tax information in Internal Revenue Service Publication 1075. Z. “Work” means the Goods delivered and Services performed pursuant to this Contract. AA. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. Any other term used in this Contract that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Contractor shall complete the Work as described in this Contract and in accordance with the provisions of the Exhibits. The State shall have no liability to compensate Contractor for the delivery of any goods or the performance of any services that are not specifically set forth in this Contract. May 3, 2022 - Page 75 of 498 v.4.08 Page 10 of 34 5. PAYMENTS TO CONTRACTOR A. Maximum Amount Payments to Contractor are limited to the unpaid, obligated balance of the Contract Funds. The State shall not pay Contractor any amount under this Contract that exceeds the Contract Maximum for that term shown on the Signature and Cover Pages for this Contract. B. Payment Procedures i. Invoices and Payment a. The State shall pay Contractor in the amounts and in accordance with the Exhibits. b. Contractor shall initiate payment requests by invoice to the State, in a form and manner approved by the State. Invoicing is a material component of Contract performance and corresponding Deliverables. Invoices shall be due to the State within 45 days of work performed by the Contractor, unless otherwise stated in the Exhibits hereto. Invoicing shall be done accurately and per any specifications set forth in the Exhibits hereto. Time is of the essence in this regard. If Contractor fails to timely and/or properly invoice the State, the State may not be obligated to pay the bill resulting from said invoice. Failure to timely and/or properly invoice the State is a material breach of this Contract which would be cause for the State to refuse payment and/or terminate the contract on these grounds in whole or in part, at the State’s discretion. c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Contractor and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Contractor shall make all changes necessary to correct that invoice. d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under the Contract. ii. Interest Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Contractor shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. May 3, 2022 - Page 76 of 498 v.4.08 Page 11 of 34 iii. Payment Disputes If Contractor disputes any calculation, determination or amount of any payment, Contractor shall notify the State in writing of its dispute within 30 days following the earlier to occur of Contractor’s receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Contractor and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Contract Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Contract Funds the State’s obligation to pay Contractor shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Contract shall be made only from Contract Funds, and the State’s liability for such payments shall be limited to the amount remaining of such Contract Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Contract, the State may, upon written notice, terminate this Contract, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Contract were terminated in the public interest as described in §2.E. v. Option to Increase Maximum Amount If the Signature and Cover Pages for this Contract show that the State has the Option to Increase or Decrease Maximum Amount, then the State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods and Services based upon the rates established in this Contract, and increase or decrease the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to §21 “Sample Option Letter.” Delivery of Goods and performance of Services shall continue at the same rates and terms as described in this Contract. The State may include and incorporate a revised budget with the option letter, as long as the revised budget does not unilaterally change rates or terms specified in the Contract. May 3, 2022 - Page 77 of 498 v.4.08 Page 12 of 34 6. REPORTING - NOTIFICATION A. Quarterly Reports. In addition to any reports required pursuant to §17 or pursuant to any other Exhibit, for any contract having a term longer than 3 months, Contractor shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Contract. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State at the time or times specified by the State in this Contract, or, if no time is specified in this Contract, not later than 5 Business Days following the end of each calendar quarter. B. Litigation Reporting If Contractor is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Contract or may affect Contractor’s ability to perform its obligations under this Contract, Contractor shall, within 5 days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s principal representative identified on the Signature and Cover Pages as provided in §15. C. Performance Outside the State of Colorado or the United States, §24-102-206 C.R.S. To the extent not previously disclosed in accordance with §24-102-206, C.R.S., Contractor shall provide written notice to the State, in accordance with §15 and in a form designated by the State, within 20 days following the earlier to occur of Contractor’s decision to perform Services outside of the State of Colorado or the United States, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations, and such notice shall be a public record. Knowing failure by Contractor to provide notice to the State under this section shall constitute a breach of this Contract. This section shall not apply if the Contract Funds include any federal funds. 7. CONTRACTOR RECORDS A. Maintenance Contractor shall maintain a file of all documents, records, communications, notes and other materials relating to the Work (the “Contractor Records”). Contractor Records shall include all documents, records, communications, notes and other materials maintained by Contractor that relate to any Work performed by Subcontractors, and Contractor shall maintain all records related to the Work performed by Subcontractors required to ensure proper May 3, 2022 - Page 78 of 498 v.4.08 Page 13 of 34 performance of that Work. Contractor shall maintain Contractor Records until the last to occur of: (i) the date 3 years after the date this Contract expires or is terminated, (ii) final payment under this Contract is made, (iii) the resolution of any pending Contract matters, or (iv) if an audit is occurring, or Contractor has received notice that an audit is pending, the date such audit is completed and its findings have been resolved (the “Record Retention Period”). B. Inspection Contractor shall permit the State, the federal government, and any duly authorized agent of a governmental entity, to audit, inspect, examine, excerpt, copy and transcribe Contractor Records during the Record Retention Period. Contractor shall make Contractor Records available during normal business hours at Contractor’s office or place of business, or at other mutually agreed upon times or locations, upon no fewer than 2 Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State, in its discretion, may monitor Contractor’s performance of its obligations under this Contract using procedures as determined by the State. The State shall monitor Contractor’s performance in a manner that does not unduly interfere with Contractor’s performance of the Work. D. Final Audit Report Contractor shall promptly submit to the State a copy of any final audit report of an audit performed on Contractor’s records that relates to or affects this Contract or the Work, whether the audit is conducted by Contractor or a third party. 8. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Contractor shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Contractor shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Contract, permitted by law, or approved in writing by the State. Contractor shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Contractor or any of its Subcontractors will or may receive the following types of data, Contractor or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this May 3, 2022 - Page 79 of 498 v.4.08 Page 14 of 34 Contract as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, (iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to this Contract, if applicable. Contractor shall immediately forward any request or demand for State Records to the State’s principal representative, and (v) the federal 42 Part2 for all substance use disorder information and the HIPAA Business Associate\Qualified Service Organization Agreement attached to this Contract, if applicable. Contractor shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Contractor may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Contract. Contractor shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Contract, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Contractor shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions. C. Use, Security, and Retention Contractor shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Contractor shall provide the State with access, subject to Contractor’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Contract, Contractor shall return State Records provided to Contractor or destroy such State Records and certify to the State that it has done so, as directed by the State. If Contractor is prevented by law or regulation from returning or destroying State Confidential Information, Contractor warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Contractor becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Contractor can establish that none of Contractor or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, May 3, 2022 - Page 80 of 498 v.4.08 Page 15 of 34 Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State, at no additional cost to the State. The State may, in its sole discretion and at Contractor’s sole expense, require Contractor to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Contractor shall provide the State with the results of such audit and evidence of Contractor’s planned remediation in response to any negative findings. E. Data Protection and Handling Contractor shall ensure that all State Records and Work Product in the possession of Contractor or any Subcontractors are protected and handled in accordance with the requirements of this Contract, including the requirements of any Exhibits hereto, at all times. F. Safeguarding PII If Contractor or any of its Subcontractors will or may receive PII under this Contract, Contractor shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Contractor shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. 9. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Contractor shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Contractor under this Contract. Such a conflict of interest would arise when a Contractor or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Contract. B. Apparent Conflicts of Interest Contractor acknowledges that, with respect to this Contract, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Contractor shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Contractor’s obligations under this Contract. May 3, 2022 - Page 81 of 498 v.4.08 Page 16 of 34 C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a conflict or the appearance of a conflict has arisen, Contractor shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Contract. D. Contractor shall maintain a written conflict of interest policy. Contractor shall provide the written conflict of interest policy to the State upon request. 10. INSURANCE Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Contract to the extent that such insurance policies are required as shown on the Signature and Cover Page for this Contract. All insurance policies required by this Contract shall be issued by insurance companies as approved by the State. These insurance requirements shall not be construed as caps or limitations on liability. A. Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Contractor or Subcontractor employees acting within the course and scope of their employment. B. General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any 1 fire. C. Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. May 3, 2022 - Page 82 of 498 v.4.08 Page 17 of 34 D. Protected Information Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations of privacy rights through improper use or disclosure of protected information with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $2,000,000 general aggregate. iii. Notwithstanding sections D(i) and (ii) above, if Contractor has State Confidential Information for 10 or fewer individuals or revenues of $250,000 or less, Contractor shall maintain limits of not less than $50,000. iv. Notwithstanding sections D(i) and (ii) above, if Contractor has State Confidential Information for 25 or fewer individuals or revenues of $500,000 or less, Contractor shall maintain limits of not less than $100,000. E. Professional Liability Insurance Professional liability insurance covering any damages caused by an error, omission or any negligent act with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $1,000,000 general aggregate. F. Crime Insurance Crime insurance including employee dishonesty coverage with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $1,000,000 general aggregate. G. Cyber/Network Security and Privacy Liability Liability insurance covering civil, regulatory, and statutory damages, contractual damages, data breach management exposure, and any loss of income or extra expense as a result of actual or alleged breach, violation or infringement of right to privacy, consumer data protection law, confidentiality or other legal protection for personal information, as well as State Confidential Information with minimum limits as follows: i. $1,000,000 each occurrence; and May 3, 2022 - Page 83 of 498 v.4.08 Page 18 of 34 ii. $2,000,000 general aggregate. H. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Contractor and Subcontractors. I. Primacy of Coverage Coverage required of Contractor and each Subcontractor shall be primary and noncontributory over any insurance or self-insurance program carried by Contractor or the State. J. Cancellation The above insurance policies shall include provisions preventing cancellation or non- renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Contractor and Contractor shall forward such notice to the State in accordance with §15 within 7 days of Contractor’s receipt of such notice. K. Subrogation Waiver All insurance policies secured or maintained by Contractor or its Subcontractors in relation to this Contract shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Contractor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. L. Public Entities If Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”), Contractor shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Contractor shall ensure that the Subcontractor maintain at all times during the terms of this Contract, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. M. Certificates Contractor shall provide to the State certificates evidencing Contractor’s insurance coverage required in this Contract within 7 Business Days following the Effective Date. Contractor shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Contract within 7 Business Days following the Effective Date, except that, if Contractor’s subcontract is not in effect as of the Effective Date, Contractor shall provide to the May 3, 2022 - Page 84 of 498 v.4.08 Page 19 of 34 State certificates showing Subcontractor insurance coverage required under this Contract within 7 Business Days following Contractor’s execution of the subcontract. No later than 15 days before the expiration date of Contractor’s or any Subcontractor’s coverage, Contractor shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Contract, upon request by the State, Contractor shall, within 7 Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section. 11. BREACH OF CONTRACT In the event of a Breach of Contract, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the Breach of Contract, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party. Notwithstanding any provision of this Contract to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Contract in whole or in part or institute any other remedy in the Contract in order to protect the public interest of the State; or if Contractor is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this Contract in whole or in part or institute any other remedy in this Contract as of the date that the debarment or suspension takes effect. 12. REMEDIES A. State’s Remedies If Contractor is in breach under any provision of this Contract and fails to cure such breach, the State, following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Contract or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach In the event of Contractor’s uncured breach, the State may terminate this entire Contract or any part of this Contract. Contractor shall continue performance of this Contract to the extent not terminated, if any. a. Obligations and Rights To the extent specified in any termination notice, Contractor shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Contractor shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Contract’s terms. At the request of the State, May 3, 2022 - Page 85 of 498 v.4.08 Page 20 of 34 Contractor shall assign to the State all of Contractor's rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the possession of Contractor but in which the State has an interest. At the State’s request, Contractor shall return materials owned by the State in Contractor’s possession at the time of any termination. Contractor shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Contractor for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Contractor was not in breach or that Contractor's action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Contract had been terminated in the public interest under §2.E. c. Damages and Withholding Notwithstanding any other remedial action by the State, Contractor shall remain liable to the State for any damages sustained by the State in connection with any breach by Contractor, and the State may withhold payment to Contractor for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Contractor is determined. The State may withhold any amount that may be due Contractor as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Contractor’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Contractor to an adjustment in price or cost or an adjustment in the performance schedule. Contractor shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Contractor after the suspension of performance. b. Withhold Payment Withhold payment to Contractor until Contractor corrects its Work. May 3, 2022 - Page 86 of 498 v.4.08 Page 21 of 34 c. Deny Payment Deny payment for Work not performed, or that due to Contractor’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Contractor shall, as approved by the State, (i) secure that right to use such Work for the State and Contractor; (ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for such Work to the State. B. Contractor’s Remedies If the State is in breach of any provision of this Contract and does not cure such breach, Contractor, following the notice and cure period in §11 and the dispute resolution process in §14, shall have all remedies available at law and equity. 13. STATE’S RIGHT OF REMOVAL The State retains the right to demand, at any time, regardless of whether Contractor is in breach, the immediate removal of any of Contractor’s employees, agents, or subcontractors from the work whom the State, in its sole discretion, deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract is deemed by the State to be contrary to the public interest or the State’s best interest. 14. DISPUTE RESOLUTION A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Contract which cannot be resolved by the designated Contract representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Contractor for resolution. B. Resolution of Controversies If the initial resolution described in §14.A fails to resolve the dispute within 10 Business Days, Contractor shall submit any alleged breach of this Contract by the State to the Procurement Official of CDHS as described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of §§24-106-109 and 24-109-101.1 through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Contractor wishes to challenge any decision rendered by the May 3, 2022 - Page 87 of 498 v.4.08 Page 22 of 34 Procurement Official, Contractor’s challenge shall be an appeal to the Executive Director of the Department of Personnel and Administration, or their delegate, under the Resolution Statutes before Contractor pursues any further action as permitted by such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations. 15. NOTICES AND REPRESENTATIVES Each individual identified on the Signature and Cover Pages shall be the principal representative of the designating Party. All notices required or permitted to be given under this Contract shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth on the Signature and Cover Pages for this Contract or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Signature and Cover Pages for this Contract. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth below. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this section without a formal amendment to this Contract. Unless otherwise provided in this Contract, notices shall be effective upon delivery of the written notice. 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product Contractor assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on, derived from, or incorporating the Work Product. Whether or not Contractor is under contract with the State at the time, Contractor shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. To the extent that Work Product would fall under the definition of “works made for hire” under 17 U.S.C.S. §101, the Parties intend the Work Product to be a work made for hire. i. Copyrights To the extent that the Work Product (or any portion of the Work Product) would not be considered works made for hire under applicable law, Contractor hereby assigns to the State, the entire right, title, and interest in and to copyrights in all Work Product and all works based upon, May 3, 2022 - Page 88 of 498 v.4.08 Page 23 of 34 derived from, or incorporating the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights or similar rights with respect to the Work Product throughout the world. To the extent that Contractor cannot make any of the assignments required by this section, Contractor hereby grants to the State a perpetual, irrevocable, royalty- free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based upon, derived from, or incorporating the Work Product by all means and methods and in any format now known or invented in the future. The State may assign and license its rights under this license. ii. Patents In addition, Contractor grants to the State (and to recipients of Work Product distributed by or on behalf of the State) a perpetual, worldwide, no-charge, royalty-free, irrevocable patent license to make, have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify and propagate the contents of the Work Product. Such license applies only to those patent claims licensable by Contractor that are necessarily infringed by the Work Product alone, or by the combination of the Work Product with anything else used by the State. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Contract, any pre-existing State Records, State software, research, reports, studies, photographs, negatives or other documents, drawings, models, materials, data and information shall be the exclusive property of the State (collectively, “State Materials”). Contractor shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Contractor’s obligations in this Contract without the prior written consent of the State. Upon termination of this Contract for any reason, Contractor shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Contractor Contractor retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Contractor including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Contractor under the Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Contractor Property”). Contractor Property shall be licensed to the State as set forth in this Contract or a State approved license agreement: (i) entered into as exhibits to this Contract; (ii) obtained by the State from the applicable third-party vendor; or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. May 3, 2022 - Page 89 of 498 v.4.08 Page 24 of 34 17. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this section shall apply. Contractor agrees to be governed by and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of contract performance information in the State’s contract management system (“Contract Management System” or “CMS”). Contractor’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this Contract, Colorado statutes governing CMS, and State Fiscal Rules and State Controller Policies. 18. GENERAL PROVISIONS A. Assignment Contractor’s rights and obligations under this Contract are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Contractor’s rights and obligations approved by the State shall be subject to the provisions of this Contract B. Subcontracts Unless other restrictions are required elsewhere in this Contract, Contractor shall not enter into any subcontract in connection with its obligations under this Contract without providing notice to the State. The State may reject any such subcontract, and Contractor shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to perform any Work after that Subcontractor’s subcontract has been rejected by the State. Contractor shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by Contractor in connection with this Contract shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Contract. C. Binding Effect Except as otherwise provided in §18.A., all provisions of this Contract, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Contract and the performance of such Party’s obligations have been duly authorized. E. Captions and References May 3, 2022 - Page 90 of 498 v.4.08 Page 25 of 34 The captions and headings in this Contract are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Contract to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F. Counterparts This Contract may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. Entire Understanding This Contract represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Contract. Prior or contemporaneous additions, deletions, or other changes to this Contract shall not have any force or effect whatsoever, unless embodied herein. H. Digital Signatures If any signatory signs this Contract using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. I. Modification Except as otherwise provided in this Contract, any modification to this Contract shall only be effective if agreed to in a formal amendment to this Contract, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Contract, other than contract amendments, shall conform to the policies issued by the Colorado State Controller. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Contract. May 3, 2022 - Page 91 of 498 v.4.08 Page 26 of 34 K. Order of Precedence In the event of a conflict or inconsistency between this Contract and any Exhibits or attachments such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. Federal Provisions (if any). ii. Colorado Special Provisions in §19 of the main body of this Contract. iii. HIPAA Business Associate Agreement (if any). iv. Information Technology Provisions Exhibit (if any). v. The provisions of the other sections of the main body of this Contract. vi. Any other Exhibit(s) shall take precedence in alphabetical order. L. External Terms and Conditions Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Contractor’s or a Subcontractor’s website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in this Contract. M. Severability The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Contract in accordance with the intent of the Contract. N. Survival of Certain Contract Terms Any provision of this Contract that imposes an obligation on a Party after termination or expiration of the Contract shall survive the termination or expiration of the Contract and shall be enforceable by the other Party. O. Taxes The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq. C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the state imposes such taxes on Contractor. Contractor shall be solely responsible for any May 3, 2022 - Page 92 of 498 v.4.08 Page 27 of 34 exemptions from the collection of excise, sales or use taxes that Contractor may wish to have in place in connection with this Contract. P. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §18.A., this Contract does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Contract and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Contract are incidental to the Contract, and do not create any rights for such third parties. Q. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Contract, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. R. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. S. Standard and Manner of Performance Contractor shall perform its obligations under this Contract in accordance with the highest standards of care, skill and diligence in Contractor’s industry, trade, or profession. T. Licenses, Permits, and Other Authorizations. Contractor shall secure, prior to the Effective Date, and maintain at all times during the term of this Contract, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Contract, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or subcontract, all licenses, certifications, permits and other authorizations required to perform their obligations in relation to this Contract. U. Indemnification i. Applicability This entire §18.U does not apply to Contractor if Contractor is a “public entity” within the meaning of the GIA. May 3, 2022 - Page 93 of 498 v.4.08 Page 28 of 34 ii. General Indemnification Contractor shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees in connection with this Contract. iii. Confidential Information Indemnification Disclosure or use of State Confidential Information by Contractor in violation of §8 may be cause for legal action by third parties against Contractor, the State, or their respective agents. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all claims, damages, liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred by the State in relation to any act or omission by Contractor, or its employees, agents, assigns, or Subcontractors in violation of §8. iv. Intellectual Property Indemnification Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim that any Work infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. V. Other i. Compliance with State and Federal Law, Regulations, & Executive Orders Contractor shall comply with all State and, if Federal funding is involved, Federal law, regulations, executive orders, State and Federal Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of this Contract. ii. Accessibility Contractor shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as amended, and §§24-85-101, et seq., C.R.S. Contractor shall comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards and available at https://www.w3.org/TR/WCAG21/. 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. May 3, 2022 - Page 94 of 498 v.4.08 Page 29 of 34 This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. May 3, 2022 - Page 95 of 498 v.4.08 Page 30 of 34 F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109, C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18- 201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24- 30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., May 3, 2022 - Page 96 of 498 v.4.08 Page 31 of 34 C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and CDHS within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to CDHS a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., CDHS may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. May 3, 2022 - Page 97 of 498 v.4.08 Page 32 of 34 L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. 20. DEPARTMENT OF HUMAN SERVICES PROVISIONS A. Exclusion, Debarment and/or Suspension Contractor represents and warrants that Contractor, its employees, agents, assigns, or Subcontractors, are not presently excluded from participation, debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or otherwise ineligible to participate in a “federal health care program” as defined in 42 U.S.C. § 1320a-7b(f) or in any other government payment program by any federal or State of Colorado department or agency. If Contractor, its employees, agents, assigns, or Subcontractors, are excluded from participation, or becomes otherwise ineligible to participate in any such program during the term of this Contract, Contractor shall notify the State in writing within three (3) days after such event. Upon the occurrence of such event, whether or not such notice is given to Contractor, the State may immediately terminate this Contract. B. Emergency Planning If Contractor provides Work that is an extension of State work performed as part of the State of Colorado Emergency Operations Plan or for a publicly funded safety net program, as defined by C.R.S. § 24-33.5-701 et seq., Contractor shall perform the Work in accordance with the State’s Emergency Operations Plan or continuity of operations plan in the event of an emergency. If requested, Contractor shall provide a plan and reporting information to ensure compliance with the State’s Emergency Operations Plan and C.R.S. § 24-33.5-701 et seq. C. Restrictions on Public Benefits If applicable, Contractor shall comply with C.R.S. §§ 24-76.5-101 – 103 exactly as the State is required to comply with C.R.S. §§ 24-76.5-101 – 103. D. Discrimination Contractor shall not: i. discriminate against any person on the basis of race, color, national origin, age, sex, religion or handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions. May 3, 2022 - Page 98 of 498 v.4.08 Page 33 of 34 ii. exclude from participation in, or deny benefits to any qualified individual with a disability, by reason of such disability. Any person who thinks he/she has been discriminated against as related to the performance of this Contract has the right to assert a claim, Colorado Civil Rights Division, C.R.S. §24-34-301, et seq. E. Criminal Background Check Pursuant to C.R.S. §27-90-111 and CDHS Policy VI-2.4, any independent contractor, and its agent(s), who is designated by the Executive Director or the Executive Director's designee to be a contracting employee under C.R.S. §27-90-111, who has direct contact with vulnerable persons in a state-operated facility, or who provides state-funded services that involve direct contact with vulnerable persons in the vulnerable person's home or residence, shall: i. submit to and successfully pass a criminal background check, and ii. report any arrests, charges, or summonses for any disqualifying offense as specified by C.R.S. §27-90-111 to the State. Any Contractor or its agent(s), who does not comply with C.R.S. §27-90-111 and CDHS Policy VI-2.4, may, at the sole discretion of the State, be suspended or terminated. F. Fraud Policy Contractor shall comply with the current CDHS Fraud Policy. G. C-Stat - Performance Based Program Analysis and Management Strategy (C-Stat Strategy) Without any additional cost to the State, Contractor shall collect and maintain Contract performance data, as determined solely by the State. Upon request, Contractor shall provide the Contract performance data to the State. This provision does not allow the State to impose unilateral changes to performance requirements. H. COVID-19 Pandemic CDHS operates many facilities across the State and with regard to the COVID-19 Pandemic, Contractor may be subject to local or state public health orders, Department policy, individual facility policy, or any other requirement that could impose additional requirements on the Contractor. If so, Contractor shall promptly comply upon notice. REST OF PAGE INTENTIONALLY LEFT BLANK May 3, 2022 - Page 99 of 498 v.4.08 Page 34 of 34 SAMPLE OPTION LETTER (IF APPLICABLE) State Agency Insert Department's or IHE's Full Legal Name Option Letter Number Insert the Option Number (e.g. "1" for the first option) Contractor Insert Contractor's Full Legal Name, including "Inc.", "LLC", etc... Original Contract Number Insert CMS number or Other Contract Number of the Original Contract Current Contract Maximum Amount Initial Term Option Contract Number Insert CMS number or Other Contract Number of this Option State Fiscal Year 20xx $0.00 Extension Terms Contract Performance Beginning Date Month Day, Year State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 Current Contract Expiration Date Month Day, Year State Fiscal Year 20xx $0.00 Total for All State Fiscal Years $0.00 1. OPTIONS: A. Option to extend for an Extension Term B. Option to change the quantity of Goods under the Contract C. Option to change the quantity of Services under the Contract D. Option to modify Contract rates E. Option to initiate next phase of the Contract 2. REQUIRED PROVISIONS: A. For use with Option 1(A): In accordance with Section(s) Number of the Original Contract referenced above, the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current contract expiration date shown above, at the rates stated in the Original Contract, as amended. B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Contract referenced above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the rates stated in the Original Contract, as amended. C. For use with Option 1(D): In accordance with Section(s) Number of the Original Contract referenced above, the State hereby exercises its option to modify the Contract rates specified in Exhibit/Section Number/Letter. The Contract rates attached to this Option Letter replace the rates in the Original Contract as of the Option Effective Date of this Option Letter. D. For use with Option 1€: In accordance with Section(s) Number of the Original Contract referenced above, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert start date and end on Insert ending date at the cost/price specified in Section Number. E. For use with all Options that modify the Contract Maximum Amount: The Contract Maximum Amount table on the Contract’s Signature and Cover Page is hereby deleted and replaced with the Current Contract Maximum Amount table shown above. 3. Option Effective Date: The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. STATE OF COLORADO INSERT-Name of Agency or IHE INSERT-Name & Title of Head of Agency or IHE SAMPLE ONLY – DO NOT SIGN By: Name & Title of Person Signing for Agency or IHE Date: SAMPLE ONLY – DO NOT SIGN In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER SAMPLE ONLY – DO NOT SIGN Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval Option Effective Date: SAMPLE ONLY – DO NOT SIGN May 3, 2022 - Page 100 of 498 Exhibit A Page 1 of 6 Exhibit A Co-Responder Services Program Statement of Work I. Goal/Purpose The Co-Responder Model was developed to provide effective responses to police calls for service that involve people in crisis and those with behavioral health needs. By creating and fostering partnerships between law enforcement and behavioral health professionals, this model aims to divert individuals from unnecessary criminal legal system involvement and/or hospitalization, and link to appropriate and needed services. Program partnerships may also include other first responders who regularly respond to calls for service involving those with behavioral health needs, such as emergency medical services (EMS), paramedics and/or fire department personnel. Colorado is following this model that identifies calls for service where behavioral health (mental health and/or substance use) appears to be a relevant factor. Behavioral health co-responders shall be dispatched along with law enforcement or may provide a joint secondary response on these calls. The behavioral health provider shall offer assessment and crisis intervention services at the scene, provide referral information to the individual, and provide follow-up, when necessary. The goals of the Co-Responder Services Program (“Program”) are to: 1. Prevent unnecessary legal system involvement, incarceration and/or hospitalization of individuals with behavioral health needs; 2. Provide alternate care in the least restrictive environment through a coordinated system-wide approach; 3. Prevent unnecessary duplication of behavioral health services; and 4. Facilitate the return of law enforcement units to patrol activities. II. Objective The Contractor shall implement the Program for its community by collaborating with key stakeholders to ensure service delivery, training, and resource coordination. The Contractor shall collect data, measure outcomes, and report Program outcomes to the State to assist in determining the effectiveness of the Program in diverting individuals with behavioral health needs from unnecessary criminal justice system involvement, unnecessary hospitalization, and linkage to needed services. III. Activities/Services A. Start-up Period for New Project Development: The Contractor shall establish all required Program partnerships and finalize all required contracts needed to begin its Program operations within three (3) months from the Contract Performance Beginning Date (the Start-Up Period). If the Contractor is unable to implement the Program by the end of the Start-up Period, the Contractor will be placed on a Performance Improvement Plan established in coordination with the Behavioral Health Administration (BHA). B. Revised Work Plan: The Contractor shall provide BHA with an updated Work Plan on at least an annual basis for review and approval. C. Steering Committee: 1. The Contractor shall develop and maintain a Steering Committee to oversee the implementation and ongoing development of the Program for the duration of the Contract term. The Steering Committee shall meet at least biannually to discuss, May 3, 2022 - Page 101 of 498 Exhibit A Page 2 of 6 problem-solve and/or guide any changes or issues around the implementation and ongoing development of the Program. The Steering Committee shall include high-level, decision-making representatives from each of the key local stakeholder disciplines listed below: a. Lead law enforcement agency representative; b. Behavioral health service provider representative; c. Impacted individual/consumer or family member; d. Local hospital representative; and e. Regional Crisis Services Administrative Services Organization Representative. 2. Contractor shall also include other entities in the Steering Committee that it determines are integral to the success of the Program, such as prosecutors, jail administrators, advocacy groups, and harm reduction organizations. 3. The Steering Committee shall be charged with the following: a. Initial examination of the nature of the problem and help determine the Program’s objectives and design; b. Consider how the Program relates to other local criminal justice–behavioral health partnerships that may be in place or are in the process of being established; c. Support a forum for planning decisions during the implementation phase and to provide ongoing leadership, problem-solving and design modifications throughout the life of the Program; d. Designate appropriate staff to make up a Program Coordination Group; e. Identify Program barriers to success and help reduce the impacts of barriers on the Program (such as identification of facilities as stated in Section H.4. below); f. Develop procedures to ensure that essential information is shared in an appropriate manner as stated in Section H.6. below. D. Program Coordination Group: 1. The Contractor shall develop and maintain a Program Coordination Group to guide and support the Program operations. This Group may be the same as the Steering Committee, if the creation of two separate groups is unrealistic due to workforce and/or resource limitations. The Program Coordination Group shall: a. Oversee officer and Program training implementation; b. Measure the Program’s progress toward achieving stated goals; c. Resolve ongoing challenges to the Program’s effectiveness; and d. Inform agency leaders and other policymakers of Program costs, developments, and progress. 2. The Contractor shall designate a law enforcement Program Champion within each partnering law enforcement agency to serve as the agency’s representative on the Program Coordination Group. E. Program/Project Manager: The Contractor shall select a Program/Project Manager (Manager) and establish the Manager’s role, responsibilities, and authority that includes support of the Steering Committee and the Program Coordination Group. The Contractor shall communicate May 3, 2022 - Page 102 of 498 Exhibit A Page 3 of 6 via email to BHA any changes to the Manager’s contact information within one business day of change. F. Partnership Agreements: The Contractor shall develop partnership agreements to address any key challenges inherent in multidisciplinary collaboration. Partnership agreements shall include a description of how partners collectively identified the need for the project, and individualized letters of support outlining each partner’s level of participation and commitment in the Program, responsibilities to the Program (policy and/or operational), resources they will contribute, and processes in collecting and sharing data. The Colorado Department of Human Services (CDHS) and/or BHA do not, however, direct the Contractor (or any other party) to, or give the Contractor (or any other party) authority to, negotiate or enter into any agreements on behalf of CDHS or BHA. G. Data Sharing Agreements: The Contractor shall ensure a data-sharing Business Associates Agreement is developed and put in place between the partner agencies. The data-sharing agreement shall ensure that each partner agency complies with the terms of the HIPAA BAA attached to this Contract. H. Program Policies and Procedures: The Contractor shall develop and maintain Program policies and procedures, subject to BHA review and approval, including specific policies and procedures for the following aspects of the Program: 1. Target Population and Eligibility Criteria: The Contractor shall identify the target population, develop eligibility criteria and develop Program policies to identify individuals who will be referred to the Program. The Contractor shall ensure that the referrals include adults at risk for low-level controlled substance-related offenses and misdemeanor crimes all of whom have been repeatedly involved with law enforcement. The Contractor may expand eligibility criteria to meet specific community needs. 2. Call Taker and Dispatcher: The Contractor shall develop policies and procedures for call takers and dispatchers, including, but not limited to, the call information call takers shall gather, the manner in which dispatchers will be provided with up-to-date information on staffing patterns during shifts, and the geographic areas that identify law enforcement and behavioral health co-responders designated to respond to calls. 3. Stabilization, Observation and Disposition: The Contractor shall develop policies and procedures to help guide co-responder teams (officers and/or behavioral health co- responders) to resolve an encounter with the least restrictive environment for the call’s circumstances. 4. Transportation and Custodial Transfer: The Contractor shall develop policies and procedures to help guide effective and efficient transportation and custodial transfers. The policies shall at a minimum: a. Identify facilities that are capable of assuming custodial responsibility, are available at all times, have personnel qualified to conduct a behavioral health evaluation, and do not turn away people brought by law enforcement, without specific reasons. b. Connect individuals with a friend or family member, a peer support group, or crisis center, when available and in noncustodial situations in which the person does not meet the criteria for emergency evaluation and is not under arrest, but officers or the team determine the individual would benefit from services and support. c. Engage the services of the individual’s current behavioral health provider or a crisis team. May 3, 2022 - Page 103 of 498 Exhibit A Page 4 of 6 5. Critical Incident Policy: Contractor shall develop and maintain a policy for review of critical incidents (including death, physical assault and/or serious injuries sustained by Program staff or clients) (“Critical Incidents”) that occur during a Program intervention or response. 6. The Contractor shall submit a draft copy of each of the policies and procedures required under this Section III (Activities/Services), Paragraph H to BHA for review and comment, and work with BHA to resolve all comments from BHA and incorporate corresponding revisions as agreed upon with BHA in the final policies and procedures. 7. Information Exchange and Confidentiality: The Steering Committee shall develop procedures to ensure that essential information is shared in an appropriate manner. Information shall be shared in a way that protects individuals’ confidentiality rights as treatment consumers and constitutional rights as possible defendants. Individuals with behavioral health disorders who have been in contact with a behavioral health agency should be offered an opportunity to provide consent in advance for behavioral health providers to share specified information with law enforcement authorities if an incident occurs (sometimes called an advance directive). I. Program Training and Cross-training: 1. State Program Meeting Requirements: The Contractor shall attend an orientation session (mandatory only during Contractor’s first year under the Program), monthly Program check-in meetings with the BHA manager, and other required Program meetings and training throughout the term of the Program. 2. Contractor Training: The Contractor shall provide training necessary for Contractor’s Program to include: a. Officer Training: The Contractor shall provide officer training to improve officers’ responses to people with behavioral health needs and to educate officers on the Program. The Contractor shall determine the amount of training necessary to ensure, at a minimum, that there is a group of officers sufficient to cover all time shifts and geographic districts. b. Cross-training: The Contractor shall provide opportunities to behavioral health personnel and other stakeholders to help improve cross-system understanding of agencies’ roles and responsibilities, law enforcement issues, Program policies and procedures, information sharing, safety, and other opportunities to see policies translated into action. J. Catchment Area: The Contractor shall define the service and/or catchment area that best meets the community’s needs. K. Individualized Service Provision: The Contractor’s Program shall link individuals referred to or contacted by the Program to community-based behavioral health supports and services, as appropriate. L. The Non-Displacement of Resources: The Contractor shall ensure the Program participants do not receive preferential access to scarce resources that would prevent others in need or on waitlists from being served. M. Evidence-Based Practices: The Contractor shall use evidence-based and promising practices within the screening and service delivery structure, as appropriate, to support effective outcomes. The use of a risk/need/responsivity (RNR) model is encouraged to assess various factors such as substance use disorders, mental illness, cognitive or physical impairments, financial issues, family dynamics, housing instability, developmental disabilities, low literacy levels, and lack of reliable transportation, all of which may need to be addressed to support success. May 3, 2022 - Page 104 of 498 Exhibit A Page 5 of 6 N. Staff Time Tracking and Invoicing: The Contractor shall ensure expenses and staff time are tracked and invoiced separately for each Program or funding stream. O. Use of Contract Funds: The Contractor may use Contract Funds to support, with the approval of BHA, items including but not limited to, the following: 1. Program personnel, project management and community engagement 2. Temporary services and treatments necessary to stabilize a participant’s condition, including necessary housing 3. Outreach and direct costs for services 4. Specialized program training 5. Dedicated law enforcement resources, including overtime required for participation in operational meetings and training 6. Training and technical assistance from experts in the implementation of Co-Responder Services Programs in other jurisdictions 7. Collecting and maintaining the data necessary for program evaluation P. Subcontractor/Partnership Termination: In the event a partnership with a subcontractor such as a case management or service provider is terminated, the Contractor shall transition to a new partnership no later than 30 days from termination to ensure continuity of care for all participants of the Program. The Contractor shall communicate any subcontractor termination via email to the State within one Business Day. Q. Critical Incident Reporting: If a Critical Incident (including death, physical assault and/or serious injuries sustained by Program staff or clients) occurs during a Co-Responder intervention or response, the Contractor shall make the appropriate selection on the BHA data collection form and inform the Manager of Co-Responder Services within 3 days to determine any additional actions. IV. Deliverables Activities noted below shall be emailed by the listed Due Date below to cdhs_bhadeliverables@state.co.us unless otherwise specified. DELIVERABLES DATE DUE Revised Work Plan Due 30 days from Contract Effective Date and after that annually. Program Policies and Procedures Document During implementation phase: 1. Draft document due to BHA 90 days from Contract Effective Date. 2. Final document due to BHA 30 days from reviewed draft sent from BHA to Contractor. Subsequent updates to policies and procedures due to BHA within 10 days of changes. Submit copy of partnership agreement(s) Upon execution of partnership agreement(s) May 3, 2022 - Page 105 of 498 Exhibit A Page 6 of 6 Participate in a monthly progress status meeting with the BHA Manager of Co-Responder Services. Meetings may be in-person or via phone or video conference. Monthly Monthly Reporting using template provided by BHA, on current performance outcomes Monthly - 15 days after the end of the reporting month. Submit copy of subcontract(s) Upon execution of subcontract(s) Submit copy of the Steering Committee and Policy Coordination Group Member Rosters* *If Steering Committee and Policy Coordination Group members are the same, note the rationale on roster. 60 days after contract execution and as updated V.Performance Outcome Measures and Goals 1.Measure: Number of referrals received and responded to by Program Outcome Goal: Of the total number of Program referrals, 70% or more will receive a response. 2.Measure: Number of calls that do not result in arrest Outcome Goal: Of the total number of active Co-Responder calls, 90% or more will not result in arrest when there is no cause for mandatory arrest (at the discretion of the officer). 3.Measure: Number of interventions, services and resource linkage provided to individuals contacted by the Program Outcome Goal: Of the total number of individuals contacted, 70% will receive one or more intervention, service, or linkage to resources. May 3, 2022 - Page 106 of 498 EXHIBIT B BHA Program C0-Response Program Project Name Eagle County Mobile Crisis Co-Response Annual Budget Position Title Gross or Annual Salary Fringe Percent of Time on Project Total Amount Requested from BHA -$ -$ Annual Budget Position Title Hourly Wage Hourly Fringe Total # of Hours on Project Total Amount Requested from BHA -$ -$ -$ Annual Budget Contractor Name Rate Quantity Total Amount Requested from BHA Your Hope Center $ 23,750.00 12 285,000.00$ Your Hope Center $ 1,250.00 12 15,000.00$ 300,000.00$ Annual Budget Item Rate Quantity Total Amount Requested from BHA -$ -$ Annual Budget Item Rate Quantity Total Amount Requested from BHA -$ -$ 300,000.00$ Agency Name Budget Period July 1,2022 - June 30, 2023 EXHIBIT B, FY23 ANNUAL BUDGET Vail Police Department Program Contact Name, Title Ryan Kenney, Commander Vail Police Department 970 477-3433 rkenney@vailgov.com Phone Email Fiscal Contract Name, Title Kathleen Halloran, Financial Director Phone 970-479-2116 khalloran@vailgov.com March 17,2022 Email Date Completed All budget numbers are estimates. Contract billing will be on a cost reimbursement basis for actual expenses incurred. EXPENDITURE CATEGORIES Personnel Services / Salaried Employees Description of Work Description of Item Personnel Services / Hourly Employees Description of Work Total Travel Supplies & Operating Expenses Description of Item Total Supplies & Operating Expenses TOTAL DIRECT COSTS (TDC) Total Personnel Services (including fringe benefits) Total Contractors/Consultants Travel Contractors / Consultants (payments to third parties or entities) Description of Work Clinical Director (oversight & supervision of clinicans and program) Co-Response Clinicians, mileage Electronic Health Record for capturing data and processing reports Page 1 of 2 revised: 02_03_2022 May 3, 2022 - Page 107 of 498 EXHIBIT B -$ -$ -$ -$ -$ 300,000.00$ Annual Budget Indirect Cost Percentage Total Amount Requested from BHA N/A 0% -$ -$ 300,000.00$ Indirect Costs Description of Item Total Indirect TOTAL The Parties may mutually agree, in writing, to modify the Budget administratively using an BHA Budget Reallocation form Less: Expenses per OMB 2CFR § 200 SubContractor in excess of $25,000 Rent Equipment in excess of $5,000 Other Unallowable Expenses Total Expenses per OMB 2CFR § 200 MODIFIED TOTAL DIRECT COSTS (MTDC) Page 2 of 2 revised: 02_03_2022 May 3, 2022 - Page 108 of 498 Exhibit C Page 1 of 6 Exhibit C Miscellaneous Provisions I. General Provisions and Requirements A. Finance and Data Protocols The Contractor shall comply with the Behavioral Health Administration’s (BHA) most current Finance and Data Protocols and the Behavioral Health Accounting and Auditing Guidelines, made a part of this Contract by reference. B. Marketing and Communications The Contractor shall comply with the following marketing and communications requirements: 1. Reports or Evaluations. All reports or evaluations funded by BHA must be reviewed by BHA staff, including program, data, and communications, over a period of no fewer than 15 business days. The Contractor may be asked to place a report or evaluation on a BHA template, and the report or evaluation is required to display the BHA logo. The Contractor shall submit the finished document to BHA in its final format and as an editable Word or Google document. 2. Press Releases. All press releases about work funded by BHA must note that the work is funded by the Colorado Department of Human Services, Behavioral Health Administration. Press releases about work funded by BHA must be reviewed by BHA program and communications staff over a period of no fewer than five business days. 3. Marketing Materials. Contractor shall include the current Colorado Department of Human Services, Behavioral Health Administration logo on any marketing materials, such as brochures or fact sheets, that advertise programs funded by this Contract. Marketing materials must be approved by the Contract’s assigned BHA program contract over a period of no fewer than 5 business days. 4. All Other Documents. All other documents published by the Contractor about its BHA-funded work, including presentations or website content, should mention the Colorado Department of Human Services, Behavioral Health Administration as a funder. 5. Opinion of BHA. BHA may require the Contractor to add language to documents that mention BHA reading: “The views, opinions and content expressed do not necessarily reflect the views, opinions or policies of the Colorado Department of Human Services, Behavioral Health Administration.” C. Cost of Living Adjustment - Option Letter For contracts using State funding: The State may increase or decrease the rates established in the Contract in Exhibit B, “Budget,” based upon a cost-of-living adjustment to the relevant lines in the Long Bill through an option letter. In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to Contract Section 21, May 3, 2022 - Page 109 of 498 Exhibit C Page 2 of 6 “Sample Option Letter.” Delivery of Goods and performance of Services shall continue at the same rates and terms as described in this Contract. D. Start-up Costs If the State reimburses the Contractor for any start-up costs and the Contractor closes the program or facility within three years of receipt of the start-up costs, the Contractor shall reimburse the State for said start-up costs within sixty (60) days of the closure. The Contractor is not required to reimburse the State for start-up costs if the facility or program closure is due to BHA eliminating funding to that specific program and/or budget line item. E. Immediate Notification of Closures / Reductions in Force If the Contractor intends to close a facility or program, it shall notify the BHA Contracts Unit at least five business days prior to the closure. Similarly, if the Contractor, or any sub- contractor provider, intends to conduct a reduction in force which affects a program funded through this contract, the Contractor shall notify the BHA Contracts Unit at least five business days prior to the layoffs. F. Licensing and Designation Database Electronic Record System (LADDERS) The Contractor shall use LADDERS (http://www.colorado.gov/ladders) as needed and/or as required by rule to submit applications for BHA licensing and designation, keep current all provider directory details, and submit policies and procedures. G. Contract Contact Procedure The Contractor shall submit all requests for BHA interpretation of this Contract or for amendments to this Contract to the BHA Contract Manager. H. The Contractor shall comply with all the provisions and requirements. I. Continuity of Operations Plan 1. In the event of an emergency resulting in a disruption of normal activities, BHA may request that Contractor provide a plan describing how Contractor will ensure the execution of essential functions of the Contract, to the extent possible under the circumstances of the inciting emergency (“Continuity of Operations Plan” or “Plan”). 2. The Continuity of Operations Plan must be specific and responsive to the circumstances of the identified emergency. 3. BHA will provide formal notification of receipt of the Continuity of Operations Plan to the Contractor. 4. The Continuity of Operations Plan will not impact or change the budget or any other provisions of the contract, and Contractor's performance will be held to the same standards and requirements as the original Contract terms, unless otherwise specified in the Continuity of Operations Plan. 5. Any submitted Continuity of Operations Plan will serve as an amendment May 3, 2022 - Page 110 of 498 Exhibit C Page 3 of 6 to the contract for the timeframe identified and agreed to by BHA and the Contractor. 6. Contractor shall communicate, in a format mutually agreed upon by BHA and Contractor staff, on a frequency that supports the monitoring of services under the Continuity of Operations Plan. If adjustments are needed to the Plan, such adjustments will be made in writing and accompanied by written notice of receipt from BHA. a. As part of the BHA/Contractor communication during the emergency, Contractor and BHA will evaluate whether the emergency has resolved such that normal operations may be resumed. b. Contractor and BHA will agree in writing when the emergency situation is sufficiently resolved and agree to a closeout period that is four weeks or less. c. BHA will submit notice accepting the termination of the Continuity of Operations Plan to the Contractor as the final action for any qualifying emergency response. J. Cultural Responsiveness in Service Delivery 1. The Behavioral Health Administration expects funding dollars to support equity in access, services provided, and behavioral health outcomes among individuals of all cultures, gender identities, sexual orientations, races, and ethnicities. Accordingly, Contractors should collect and use data to: (1) identify priority populations vulnerable to health disparities encompassing the contractor's entire geographic service area (e.g., racial, ethnic, limited English speaking, indigenous, sexual orientation, gender identity groups, etc.) and (2) implement strategies to decrease the disparities in access, service use, and outcomes—both within those subpopulations and in comparison, to the general population. 2. One strategy for addressing health disparities is the use of the recently revised National Standards for Culturally and Linguistically Appropriate Services in Health and Health Care (CLAS). The U.S. Department of Health and Human Services (HHS) Think Cultural Health website (https://thinkculturalhealth.hhs.gov/) also features information, continuing education opportunities, resources, and more for health and health care professionals to learn about culturally and linguistically appropriate services, or CLAS. 3. Contractors providing direct behavioral health prevention, treatment, or recovery services shall submit one of the following two documents to cdhs_bhadeliverables@state.co.us by August 31 annually: a. If a provider has completed an equity plan that identifies how they will address health equity, they can submit the plan or; May 3, 2022 - Page 111 of 498 Exhibit C Page 4 of 6 b. Submit a completed CLAS checklist that follows this HHS format: https://thinkculturalhealth.hhs.gov/assets/pdfs/AnImplementationChecklist fortheNationalCLASStandards.pdf K. Prohibition on Marijuana. Funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders. This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA-approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law. II. Use of Subcontracts. A. Services described in this Contract may be performed by Contractor or by a subcontractor, except where this Contract states explicitly that a service must not be subcontracted. 1. Contractor shall ensure that its subcontractors perform to the terms of this Contract. B. Any subcontract for services must include, at a minimum, the following: 1. A description of each partner’s participation 2. Responsibilities to the program (policy and/or operational) 3. Resources the subcontractor will contribute, reimbursement rates, services to be included and processes in collecting and sharing data and the most recent CDHS version of the HIPAA Business Associates Addendum, if this Contract contains the HIPAA Business Associates Addendum/Qualified Service Organization Addendum as an exhibit. C. The Contractor shall provide to BHA a copy of any proposed subcontract between the Contractor and any potential provider of services to fulfill any requirements of this Contract, to cdhs_bhadeliverables@state.co.us within 30 days of subcontract execution. D. BHA reserves the right to require Contractor to renegotiate subcontracts where necessary to adhere to the terms of this Contract. E. Subcontractor/Partnership Termination. In the event where partnerships with a subcontractor such as a treatment provider is terminated, the Contractor shall transition to a new partnership no later than 30 days from termination to ensure continuity of care for all participants of the program. III. Additional Remedies A. Duty to Act in Good Faith The Contractor shall comply with all the provisions of this contract and its amendments, if any, and shall act in good faith in the performance of the requirements of said contract. The Contractor agrees that failure to act in good faith in the performance with said requirements may result in the assessment of remedial actions, liquidated damages and/or termination of the contract in whole or in part and/or other actions by the State as allowed by law as set forth May 3, 2022 - Page 112 of 498 Exhibit C Page 5 of 6 in this contract. B. Corrective Action The State will notify the Contractor of non-compliance and subsequently, after consultation with the Contractor, will establish a schedule for the Contractor to cure non-compliance. The Contractor shall be responsible for the submission of a plan of corrective action in accordance with said schedule. If full compliance is not achieved, or a plan of action for correction is not submitted and approved by the State within the scheduled time frame, the State may exercise remedies specified in the General Provisions “Remedies” section of this Contract. If the State determines that the Contractor continues to be out of compliance with the Contract, the State may exercise liquidated damages herein. C. Liquidated Damages. If an extension of time is not granted by the State, and the required performance associated with this contract is not received from the Contractor then liquidated damages of $300 a day will be assessed and may be permanently withheld from payments due to the Contractor for each day that performance is late. The parties agree that incomplete or incorrect performance shall also be cause for “late performance.” The parties agree that the damages from breach of this contract are difficult to prove or estimate, and the amount of liquidated damages specified herein represents a reasonable estimation of damages that will be suffered by the State from late performance, including costs of additional inspection and oversight, and lost opportunity for additional efficiencies that would have attended on-time completion of performance. Assessment of liquidated damages shall not be exclusive of or in any way limit remedies available to the State at law or equity for Contractor breach. IV. Audit Requirements A. Independent Audit Requirements 1. “Independent financial audit” shall be defined as follows– a financial audit conducted by a certified public accounting firm or certified public accountant (CPA) in accordance with generally accepted accounting principles and applicable federal regulations. The CPA or firm must be independent of the Contractor. “Independent” means not a regular full-time or part-time employee of the Contractor and not receiving any form of compensation from the Contractor other than compensation that the CPA receives for the conduct of the financial audit. 2. If the Contractor or sub-contractor expends federal awards from all sources (direct or from pass-through entities) in an amount of $300,000 or more during its fiscal year shall have an independent financial audit performed annually. The audit shall identify, examine, and report the income and expenditures specific to operation of the services described in this contract. The audit will be presented in the format specified in the “Accounting and Auditing Guidelines” for Colorado Department of Human Services, Behavioral Health Administration (BHA), found on the BHA website. 3. The Contractor agrees to comply with the qualified or disclaimer opinion rendered by the independent auditor on financial statements or the negative opinion on peer review reports. May 3, 2022 - Page 113 of 498 Exhibit C Page 6 of 6 Non-compliance with these standards shall result in enforcement of remedies against the Contractor as provided in this Contract. B. Annual Single Audit If the Contractor or sub-contractor expends federal awards from all sources (direct or from pass-through entities) in an amount of $750,000 or more during its fiscal year, then the Contractor or sub-contractor shall have an audit of that fiscal year in accordance with the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507), the provisions for which are outlined in n/a. V. Financial Requirements A. Funding Sources 1. The Contractor shall identify all funds delivered to subcontractors as state general fund, state cash funds, or federal grant dollars in Exhibit B, “Budget.” 2. If a Single Audit is performed in accordance with Section IV.B. above, the Contractor shall report the amount of the federal grant identified in the budget under the CFDA number identified on the first page of this Contract. 3. The Contractor shall communicate the CFDA number to all sub-contractors in their sub- contracts. B. Budget Reallocations 1. The Contractor may reallocate funds between the budget categories of this contract, up to 20% of the total contract amount, upon written approval by BHA, without a contract amendment. Any allowable reallocation is still subject to the limitations of the Not to Exceed and the Maximum Amount Available per Fiscal Year. C. Payment Terms 1. The Contractor shall invoice monthly for services, no later than the 20th of the month following when services are provided. 2. The Contractor shall utilize the invoice template(s) provided by BHA. 3. All payment requests shall be submitted electronically to cdhs_bhapayment@state.co.us 4. Any requests for payment received after September 10th for the prior state fiscal year cannot be processed by BHA. 5. The State will make payment on invoices within 45 days of receipt of a correct and complete invoice to cdhs_bhapayment@state.co.us. Consequently, the Contractor must have adequate solvency to pay its expenses up to 45 days after invoice submission to the State. May 3, 2022 - Page 114 of 498 EXHIBIT D HIPAA BUSINESS ASSOCIATE / 42 PART 2 QUALIFIED SERVICE ORGANIZATION AGREEMENT This HIPAA Business Associate/42 Part 2 Qualified Service Organization Agreement (“Agreement”) between the State and Contractor is agreed to in connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the State is referred to as “Covered Entity” and the Contractor is referred to as “Business Associate”. Unless the context clearly requires a distinction between the Contract and this Agreement, all references to “Contract” shall include this Agreement. 1. PURPOSE Covered Entity wishes to disclose information to Business Associate, which may include Protected Health Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub. L. No. 104-191 (1996) as amended by the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) enacted under the American Recovery and Reinvestment Act of 2009 (“ARRA”) Pub. L. No. 111–5 (2009), implementing regulations promulgated by the U.S. Department of Health and Human Services at 45 C.F.R. Parts 160, 162 and 164 (the “HIPAA Rules”) and other applicable laws, as amended. Prior to the disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing specific requirements as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations (“C.F.R.”) and all other applicable laws and regulations, all as may be amended. 2.DEFINITIONS The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. The following terms used in this Agreement shall have the meanings set forth below: a.Business Associate. “Business Associate” shall have the same meaning as the term “business associate” at 45 C.F.R. 160.103 and, and shall refer to Contractor. b.Covered Entity. “Covered Entity” shall have the same meaning as the term “covered entity” at 45 C.F.R. 160.103, and shall refer to the State. c.Information Technology and Information Security. “Information Technology” and “Information Security” shall have the same meanings as the terms “information technology” and “information security”, respectively, in §24-37.5-102, C.R.S. Exhibit D Page 1 of 11 HIPAA BAA/QSOA Revised August 2018May 3, 2022 - Page 115 of 498 Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings ascribed to them in the Contract. 3.OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE a. Permitted Uses and Disclosures. i.Business Associate shall use and disclose PHI only to accomplish Business Associate’s obligations under the Contract. i.To the extent Business Associate carries out one or more of Covered Entity’s obligations under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all requirements of Subpart E that apply to Covered Entity in the performance of such obligation. ii.Business Associate may disclose PHI to carry out the legal responsibilities of Business Associate, provided, that the disclosure is Required by Law or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that: A.the information will remain confidential and will be used or disclosed only as Required by Law or for the purpose for which Business Associate originally disclosed the information to that person, and; B.the person notifies Business Associate of any Breach involving PHI of which it is aware. iii.Business Associate may provide Data Aggregation services relating to the Health Care Operations of Covered Entity. Business Associate may de-identify any or all PHI created or received by Business Associate under this Agreement, provided the de-identification conforms to the requirements of the HIPAA Rules. d.Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, and disclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not limited to, 45 C.F.R. 164.502(b) and 164.514(d). e. Impermissible Uses and Disclosures. i.Business Associate shall not disclose the PHI of Covered Entity to another covered entity without the written authorization of Covered Entity. ii.Business Associate shall not share, use, disclose or make available any Covered Entity PHI in any form via any medium with or to any person or entity beyond the boundaries or jurisdiction of the United States without express written authorization from Covered Entity. f.Business Associate's Subcontractors. i.Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions, conditions, and requirements that apply to Business Associate with respect to safeguarding PHI. Exhibit D Page 2 of 11 HIPAA BAA/QSOA Revised August 2018May 3, 2022 - Page 116 of 498 ii.Business Associate shall provide to Covered Entity, on Covered Entity’s request, a list of Subcontractors who have entered into any such agreement with Business Associate. iii.Business Associate shall provide to Covered Entity, on Covered Entity’s request, copies of any such agreements Business Associate has entered into with Subcontractors. g.Access to System. If Business Associate needs access to a Covered Entity Information Technology system to comply with its obligations under the Contract or this Agreement, Business Associate shall request, review, and comply with any and all policies applicable to Covered Entity regarding such system including, but not limited to, any policies promulgated by the Office of Information Technology and available at https://oit.colorado.gov/standards-policies-guides/technical-standards- policies. h.Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. 164.524. i.Amendment of PHI. i.Business Associate shall within ten days of receiving a written request from Covered Entity make any amendment to PHI in a Designated Record Set as directed by or agreed to by Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. 164.526. ii.Business Associate shall promptly forward to Covered Entity any request for amendment of PHI that Business Associate receives directly from an Individual. j.Accounting Rights. Business Associate shall, within ten days of receiving a written request from Covered Entity, maintain and make available to Covered Entity the information necessary for Covered Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164.528. k.Restrictions and Confidential Communications. i.Business Associate shall restrict the Use or Disclosure of an Individual’s PHI within ten days of notice from Covered Entity of: A.a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or B.a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522. ii.Business Associate shall not respond directly to an Individual’s requests to restrict the Use or Disclosure of PHI or to send all communication of PHI to an alternate address. iii.Business Associate shall refer such requests to Covered Entity so that Covered Entity can coordinate and prepare a timely response to the requesting Individual and provide direction to Business Associate. l.Governmental Access to Records. Business Associate shall make its facilities, internal practices, books, records, and other sources of information, including PHI, available to the Secretary for purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310. Exhibit D Page 3 of 11 HIPAA BAA/QSOA Revised August 2018May 3, 2022 - Page 117 of 498 m.Audit, Inspection and Enforcement. i.Business Associate shall obtain and update at least annually a written assessment performed by an independent third party reasonably acceptable to Covered Entity, which evaluates the Information Security of the applications, infrastructure, and processes that interact with the Covered Entity data Business Associate receives, manipulates, stores and distributes. Upon request by Covered Entity, Business Associate shall provide to Covered Entity the executive summary of the assessment. ii.Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered Entity’s efforts to audit Business Associate’s compliance with applicable HIPAA Rules. If, through audit or inspection, Covered Entity determines that Business Associate’s conduct would result in violation of the HIPAA Rules or is in violation of the Contract or this Agreement, Business Associate shall promptly remedy any such violation and shall certify completion of its remedy in writing to Covered Entity. n. Appropriate Safeguards. i.Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as provided in this Agreement. ii.Business Associate shall safeguard the PHI from tampering and unauthorized disclosures. iii.Business Associate shall maintain the confidentiality of passwords and other data required for accessing this information. iv.Business Associate shall extend protection beyond the initial information obtained from Covered Entity to any databases or collections of PHI containing information derived from the PHI. The provisions of this section shall be in force unless PHI is de-identified in conformance to the requirements of the HIPAA Rules. o. Safeguard During Transmission. i.Business Associate shall use reasonable and appropriate safeguards including, without limitation, Information Security measures to ensure that all transmissions of PHI are authorized and to prevent use or disclosure of PHI other than as provided for by this Agreement. ii.Business Associate shall not transmit PHI over the internet or any other insecure or open communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS- compliant encryption algorithm. p. Reporting of Improper Use or Disclosure and Notification of Breach. i.Business Associate shall, as soon as reasonably possible, but immediately after discovery of a Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this Agreement, including a Breach of Unsecured Protected Health Information as such notice is Exhibit D Page 4 of 11 HIPAA BAA/QSOA Revised August 2018May 3, 2022 - Page 118 of 498 required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103, C.R.S. ii.Such notice shall include the identification of each Individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach. iii.Business Associate shall, as soon as reasonably possible, but immediately after discovery of any Security Incident that does not constitute a Breach, notify Covered Entity of such incident. iv.Business Associate shall have the burden of demonstrating that all notifications were made as required, including evidence demonstrating the necessity of any delay. q. Business Associate’s Insurance and Notification Costs. i.Business Associate shall bear all costs of a Breach response including, without limitation, notifications, and shall maintain insurance to cover: A.loss of PHI data; B.Breach notification requirements specified in HIPAA Rules and in §24-73-103, C.R.S.; and C.claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. ii.All such policies shall meet or exceed the minimum insurance requirements of the Contract or otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single dollar limits, annual aggregate dollar limits, additional insured status, and notice of cancellation). iii.Business Associate shall provide Covered Entity a point of contact who possesses relevant Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist with incident handling. iv.Business Associate, to the extent practicable, shall mitigate any harmful effect known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this Agreement. r.Subcontractors and Breaches. i.Business Associate shall enter into a written agreement with each of its Subcontractors and agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The agreements shall require such Subcontractors and agents to report to Business Associate any use or disclosure of PHI not provided for by this Agreement, including Security Incidents and Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or agent knows or should have known of the Breach as required by 45 C.F.R. 164.410. Exhibit D Page 5 of 11 HIPAA BAA/QSOA Revised August 2018May 3, 2022 - Page 119 of 498 ii.Business Associate shall notify Covered Entity of any such report and shall provide copies of any such agreements to Covered Entity on request. s.Data Ownership. i.Business Associate acknowledges that Business Associate has no ownership rights with respect to the PHI. ii.Upon request by Covered Entity, Business Associate immediately shall provide Covered Entity with any keys to decrypt information that the Business Association has encrypted and maintains in encrypted form, or shall provide such information in unencrypted usable form. t.Retention of PHI. Except upon termination of this Agreement as provided in Section 5, below, Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h, above, for a period of six years. 4.OBLIGATIONS OF COVERED ENTITY a.Safeguards During Transmission. Covered Entity shall be responsible for using appropriate safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and security of PHI transmitted pursuant to this Agreement, in accordance with the standards and requirements of the HIPAA Rules. b.Notice of Changes. i.Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission to use or disclose PHI, to the extent that it may affect Business Associate’s permitted or required uses or disclosures. ii.Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent that it may affect Business Associate’s permitted use or disclosure of PHI. 5.TERMINATION a. Breach. i.In addition to any Contract provision regarding remedies for breach, Covered Entity shall have the right, in the event of a breach by Business Associate of any provision of this Agreement, to terminate immediately the Contract, or this Agreement, or both. ii.Subject to any directions from Covered Entity, upon termination of the Contract, this Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Business Associate in which Covered Entity has an interest. Exhibit D Page 6 of 11 HIPAA BAA/QSOA Revised August 2018May 3, 2022 - Page 120 of 498 b.Effect of Termination. i.Upon termination of this Agreement for any reason, Business Associate, at the option of Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its Subcontractors maintain in any form, and shall not retain any copies of such PHI. ii.If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall certify in writing to Covered Entity that such PHI has been destroyed. iii.If Business Associate believes that returning or destroying the PHI is not feasible, Business Associate shall promptly provide Covered Entity with notice of the conditions making return or destruction infeasible. Business Associate shall continue to extend the protections of Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. 6.INJUNCTIVE RELIEF Covered Entity and Business Associate agree that irreparable damage would occur in the event Business Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate agree that Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of this Agreement. 7.LIMITATION OF LIABILITY Any provision in the Contract limiting Contractor’s liability shall not apply to Business Associate’s liability under this Agreement, which shall not be limited. 8.DISCLAIMER Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement or the HIPAA Rules will be adequate or satisfactory for Business Associate’s own purposes. Business Associate is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding of PHI. 9.CERTIFICATION Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate’s Information Security practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business Associate’s facilities, systems, procedures, and records, at Covered Entity’s expense, if Covered Entity determines that examination is necessary to certify that Business Associate’s Information Security safeguards comply with the HIPAA Rules or this Agreement. Exhibit D Page 7 of 11 HIPAA BAA/QSOA Revised August 2018May 3, 2022 - Page 121 of 498 10.AMENDMENT a.Amendment to Comply with Law. The Parties acknowledge that state and federal laws and regulations relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide procedures to ensure compliance with such developments. i.In the event of any change to state or federal laws and regulations relating to data security and privacy affecting this Agreement, the Parties shall take such action as is necessary to implement the changes to the standards and requirements of HIPAA, the HIPAA Rules and other applicable rules relating to the confidentiality, integrity, availability and security of PHI with respect to this Agreement. ii.Business Associate shall provide to Covered Entity written assurance satisfactory to Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain written assurance satisfactory to Covered Entity from Business Associate’s Subcontractors and agents that they shall adequately safeguard all PHI. iii.Upon the request of either Party, the other Party promptly shall negotiate in good faith the terms of an amendment to the Contract embodying written assurances consistent with the standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules. iv.Covered Entity may terminate this Agreement upon 30 days’ prior written notice in the event that: A.Business Associate does not promptly enter into negotiations to amend the Contract and this Agreement when requested by Covered Entity pursuant to this Section; or B.Business Associate does not enter into an amendment to the Contract and this Agreement, which provides assurances regarding the safeguarding of PHI sufficient, in Covered Entity’s sole discretion, to satisfy the standards and requirements of the HIPAA, the HIPAA Rules and applicable law. b.Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the mutual written agreement of the Parties, without amendment of this Agreement. Any modified or amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version of the Appendix. 11.ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause its employees, Subcontractor’s and agents to, provide assistance, to Covered Entity, which may Exhibit D Page 8 of 11 HIPAA BAA/QSOA Revised August 2018May 3, 2022 - Page 122 of 498 include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not be required to provide such assistance if Business Associate is a named adverse party. 12.INTERPRETATION AND ORDER OF PRECEDENCE Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate agreement between the Parties. 13.SURVIVAL Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall survive termination of this contract or this agreement and shall be enforceable by Covered Entity. Exhibit D Page 9 of 11 HIPAA BAA/QSOA Revised August 2018May 3, 2022 - Page 123 of 498 APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT This Appendix (“Appendix”) to the HIPAA Business Associate Agreement (“Agreement”) is s an appendix to the Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed to them in the Agreement and the Contract. Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all references to “Contract” or “Agreement” shall include this Appendix. 1.PURPOSE This Appendix sets forth additional terms to the Agreement. Any sub-section of this Appendix marked as “Reserved” shall be construed as setting forth no additional terms. 2.ADDITIONAL TERMS a.Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business Associate may use PHI for the following additional purposes: i.Reserved. b.Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement, Business Associate may disclose PHI for the following additional purposes: i.Reserved. c.Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of Business Associate may receive PHI under the Agreement: i.Reserved. d.Definition of Receipt of PHI. Business Associate’s receipt of PHI under this Contract shall be deemed to occur, and Business Associate’s obligations under the Agreement shall commence, as follows: i.Reserved. e.Additional Restrictions on Business Associate. Business Associate agrees to comply with th e following additional restrictions on Business Associate’s use and disclosure of PHI under the Contract: i.Reserved. ii.The Associate: A.Acknowledges this agreement qualifies as a Qualified Service Organization Addendum as the agreement is between a Substance Abuse Program (“Program”) and a Qualified Service Organization as defined by 42 C.F.R. Part 2. Exhibit D Page 10 of 11 HIPAA BAA/QSOA Revised August 2018May 3, 2022 - Page 124 of 498 B.Acknowledges that in receiving, transmitting, transporting, storing, processing or otherwise dealing with any information received from the Program identifying or otherwise relating to the patient in the Program (“protected information”), it is fully bound by the provisions of the federal regulations governing the Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2. Protected information encompasses protected health information (“PHI”) and references to PHI shall be understood to include protected information. C.Agrees to resist any efforts in judicial proceeding to obtain access to the protected information except as expressly provided for in the regulations governing the Confidentiality of Alcohol and Drug Abuse patient Records, 42 C.F.R. Part 2. D.Agrees that if the Associate enters into a contract with any agent or subcontractor, the agent or subcontractor will agree to comply with 42 C.F.R Part 2. E.Agrees to ensure that any agent or subcontractor to whom the Associate provides protected information received from the Program, or creates or receives on behalf of the Program, agrees to the same restrictions and conditions that apply through this agreement to the Associate with respect to such information. F.Agrees that redisclosure of protected information is prohibited unless permitted by 42 C.F.R. Part 2. f.Additional Terms. Business Associate agrees to comply with the following additional terms under the Agreement. i.Reserved. Exhibit D Page 11 of 11 HIPAA BAA/QSOA Revised August 2018May 3, 2022 - Page 125 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 23, Series of 2022, A resolution approving the purchase of residential property known as Pitkin Creek Condominium Unit 5-L , 3931Bighorn Road , Vail C O. 81657 AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Resolution No. 23, 2022 S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 23, 2022 AT TAC H ME N TS: Description Resolution No 23, Series of 2022 May 3, 2022 - Page 126 of 498 Resolution No. 28, Series of 2019 RESOLUTION NO. 23 SERIES OF 2022 A RESOLUTION APPROVING THE PURCHASE OF THE RESIDENTIAL PROPERTY KNOWN AS PITKIN CREEK CONDOMINIUM, UNIT 5-L, 3931 BIGHORN ROAD, VAIL, COLORADO 81657 WHEREAS, Mats and Andrea Andersson (“Seller”) owns the real property more particularly described and depicted in the Contract to Buy and Sell Estate, attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Town wishes to purchase the Property subject to the terms of the Contract to Buy and Sell Real Estate (the “Contract”); NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Town Council hereby approves the Contract and authorizes the Town Manager to execute the Contract on behalf of the Town in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of May, 2022 ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Tammy Nagel, Town Clerk May 3, 2022 - Page 127 of 498 Resolution No. 28, Series of 2019 May 3, 2022 - Page 128 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Community P icnic Updates B AC K G RO UND: B ighorn Park Picnic J uly 19, 2022; Donovan P ark P icnic A ugust 9, 2022 May 3, 2022 - Page 129 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 22, S eries of 2022, A Resolution of the Vail Town Council A uthorizing the E xercise of the Town's Eminent Domain A uthority to Acquire Open Space P RE S E NT E R(S ): Matt Mire, Town Attorney AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Resolution No. 22, Series of 2022 B AC K G RO UND: During the April 19th Town Council directed the Town A ttorney to return to the May 3rd meeting with a resolution to exercise the power of eminent domain for the acquisition, by condemnation, of a fee interest in the B ooth Heights parcel as open space is necessary and serves a public purpose. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 22, S eries of 2022. AT TAC H ME N TS: Description Resolution No. 22, Series of 2022 Public Comment May 3, 2022 - Page 130 of 498 Resolution No. 22, Series of 2022 RESOLUTION NO. 22 Series 2022 A RESOLUTION OF THE VAIL TOWN COUNCIL AUTHORIZING THE EXERCISE OF THE TOWN’S EMINENT DOMAIN AUTHORITY TO ACQUIRE OPEN SPACE WHEREAS, the Town of Vail, Colorado (the “Town”) possesses the power of eminent domain pursuant to Article II, § 15 and Article XX, §§ 1 and 6 of the Colorado Constitution, Sections 1.2 and 13.11 of the Town’s Home Rule Charter, C.R.S. § 38-1-101, et seq., and C.R.S. § 38-6-101, et seq.; WHEREAS, the Town may exercise the power of eminent domain for the public purpose of acquiring open space; WHEREAS, the Town values open space for the public welfare and holds as part of its mission environmental stewardship and the care of our wildlife and natural resources; WHEREAS, the Town seeks to acquire as open space a fee interest in the Booth Heights parcels; WHEREAS, upon acquisition, the Booth Heights parcels will likely be eligible to be designated open space pursuant to Section 13.11 of the Town’s Home Rule Charter ; and WHEREAS, the Town’s acquisition, by condemnation, of a fee interest in the Booth Heights parcels as open space is necessary and serves a public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The above recitals are incorporated herein by reference and adopted as findings of the Town Council. Section 2. The term “Booth Heights parcels” means the real property more particularly described in the attached Exhibit 1. Section 3. The Town Council hereby finds the acquisition of a fee interest in the Booth Heights parcels will serve a proper, public and municipal purpose and use, and that such acquisition is necessary and essential to this public purpose and use. The Town Council hereby declares its intent to acquire a fee interest in the Booth Heights parcels for the purposes stated herein and, if necessary, to do so through the exercise of the power of eminent domain. Section 4. The Town Manager, the Town Attorney, the Town Manager’s designated representative(s), and any and all persons retained or employed by the Town in the prosecution of this matter are hereby directed to comply with all notice and good faith negotiation requirements set forth in C.R.S. § 38-1-101, et seq. Section 5. The Town Manager is authorized to make reasonable and good faith offers to offers to purchase from the affected landowner(s) the necessary interests in the Booth Heights parcels, and the Town Manager is further authorized to execute agreements for the acquisition of same. May 3, 2022 - Page 131 of 498 Resolution No. 22, Series of 2022 Section 6. If, after engaging in good-faith negotiations, the Town is unable to acquire the necessary property rights, the Town Attorney and the Town's special counsel are hereby authorized to institute and prosecute eminent domain proceedings in the name of the Town so as to acquire a fee interest in the Booth Heights parcels by condemnation. In the prosecution of any eminent domain actions to acquire a fee interest in the Booth Heights parcels, the Town shall have and retain all rights and powers lawfully delegated to it by Article II, § 15 and Article XX, §§ 1 and 6 of the Colorado Constitution, Sections 1.2 and 13.11 of the Town’s Home Rule Charter, C.R.S. § 38-1-101, et seq., and C.R.S. § 38-6-101, et seq. Section 7. If eminent domain proceedings are instituted, the Town Manager or designee, in consultation with the Town Attorney and the Town's special counsel, is authorized to retain such expert witnesses, including appraisers, as the Town determines are necessary for the eminent domain proceedings. Section 8. The Town Manager or designee, in consultation with the Town Attorney and the Town's special counsel, are hereby specifically authorized to make such reasonable or necessary amendments and corrections to the terms and legal descriptions of the property interests to be acquired, including authorization to include such additional or other property rights necessary or desirable for the Town. The Town Manager and Town C lerk are hereby authorized and directed to execute an acceptance of the interests in real property when acquired. Section 9. The Town Council hereby finds, determines and declares that this Resolution is promulgated under the general police power of the Town, that it is adopted for the health, safety and welfare of the public, and that this Resolution is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Resolution bears a rational relation to the proper legislative object sought to be obtained. Section 10. If any clause, sentence, paragraph or part of this Resolution or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 11. This Resolution shall become effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of May 2022. _________________________ Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk May 3, 2022 - Page 132 of 498 Resolution No. 22, Series of 2022 EXHIBIT 1 Legal Description of Real Property to be Condemned as Open Space East Vail Workforce Housing Subdivision, Lot 1 East Vail Workforce Housing Subdivision, Tract A May 3, 2022 - Page 133 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vail Affordable Housing Date:Tuesday, April 26, 2022 1:19:02 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Meghan Walsh <Mwalsh@vailresorts.com> Sent: Tuesday, April 26, 2022 1:05 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vail Affordable Housing To whom it may concern, My name is Meghan and I am an employee for Vail Resorts at Vail Mountain. I am a rare species and was born and raised over in Summit County, which has the same housing crisis as Eagle County. I grew up in a small condo and moved with my family multiple times because back then affordable housing was a struggle to find for my family, and it has only gotten worse. Eagle County is home of the most grand Ski Resort in North America. Not only is Vail Mountain here, but we have Beaver Creek, Keystone, and Breck down the street, plus a multitude of other activities in the Eagle Valley that people travel here to see. It’s beautiful, lots to do, and an overall amazing place. Why wouldn’t you want to live or travel up here? You can ski at Vail Mountain, go on a hike to view the Gore Range, enjoy a nice long day at the spa, and eat out at your favorite fine dining May 3, 2022 - Page 134 of 498 restaurant. Well, unfortunately it’s not easy to live up here full time as it is not affordable for those of us who do live and work up here full time. Most of us up here and working three jobs to make ends meet to be able to afford a roof over our heads. Those three jobs we are working, are to provide a service for guests visiting, second home owners, and locals. Yes, we love what we do and love where we live, but how long can we live like this.. where we can’t afford to buy our own homes? Have to live with 4 roommates just to be able to attempt to save some money? Or pay a minimum of $1500/month for a 400 sq ft. studio apartment? That is simply not sustainable for long term. Sure, we could leave and move to Missouri and buy a 4 bedroom home for under $300k. But then who would be here to provide everyone who visits all the services they love? I grew up in these mountain communities. I have seen how the housing market has evolved and how this affordable housing crisis has dwindled deeper and deeper into a rabbit hole. It’s simply not fair to those of us who live up here year-round, work 60+ hour weeks, and yet still can’t find an affordable place to live. So, why won’t the Town of Vail help us? Why won’t you who can afford to live here, spend their money here, and enjoy the services we provide not allow a small 5 acres of land that Vail Resorts owns be used for something so beneficial and needed for the community? Don’t you want to go skiing? Don’t you want to go out to eat? Well, people have to be able to live here to work here. Crazy right? I guess my overall ending comments are that I grew up here, I have seen how hard it is to maintain a sustainable lifestyle, I am experiencing myself how difficult it is to maintain this lifestyle without affordable housing. I love my job, and I love where I live. It’s unfair that after working so hard for years to provide a service to thousands of people a year that I struggle to find an affordable place to live. I strongly urge you to not condemn the East Vail affordable housing project. We employees need this to be approved for us to maintain a healthy lifestyle up here and continue providing the services we all love. We WANT to be here all year and load you on our lifts, serve you that pizza, teach your family how to ski, and provide you an Experience of a Lifetime. We can’t do that though if we can’t live here. Please help us by approving this project. Thank you. Meghan Walsh Assistant Manager | Lift Operations | Vail Mountain Direct: 970-754-4126 mwalsh@vailresorts.com VAIL Like nothing on earth. The information contained in this message is confidential and intended only for the use of the individual or entity named above, and may be privileged. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please reply to the sender immediately, stating that you have received the message in error, then please delete this e-mail. Thank you. May 3, 2022 - Page 135 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail Employee Housing Date:Tuesday, April 26, 2022 1:05:41 PM Attachments:image001.png image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Jesse Drees <Jdrees@vailresorts.com> Sent: Tuesday, April 26, 2022 11:31 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>; Council Dist List <TownCouncil@vailgov.com> Subject: East Vail Employee Housing Dear Vail Town Council, I am writing to express my displeasure with the direction you seem to be heading regarding the proposed employee housing project in East Vail. I encourage you to not condemn the property. We are in the middle of a housing crisis in our community. This project needs to happen. If we want to attract employees to run the lifts and serve food we need to provide them with a place to live as soon as possible. This project is ready to go and should not be hindered any further. May 3, 2022 - Page 136 of 498 Jesse Drees General Manager Lionshead Ski and Snowboard School Vail Mountain VMAB Office: 970-754-4308 LionsHead Office: 970-754-4214 C: 970-390-5035 jdrees@vailresorts.com The information contained in this message is confidential and intended only for the use of the individual or entity named above, and may be privileged. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please reply to the sender immediately, stating that you have received the message in error, then please delete this e-mail. Thank you. May 3, 2022 - Page 137 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail Affordable Housing Date:Tuesday, April 26, 2022 1:05:22 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Steve Larson <SLarson@vailresorts.com> Sent: Tuesday, April 26, 2022 11:10 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: East Vail Affordable Housing Distinguished Council Members; I am writing to support Vail Resorts effort to develop new affordable Employee Housing in East Vail. As a 35 year employee of Vail Resorts I have seen much change. Not only on our mountains but all over the Town of Vail and the entire Vail Valley. Affordable housing has not kept up with these changes. The rise of short term rental popularity and those moving to the valley to work from home has certainly effected the ability of seasonal workers to find housing. This has resulted in Vail Resorts asking its year round employees to fill in where there are seasons labor shortages. This lowers guest satisfaction and is not a sustainable model. The mountain draws people and money to the valley – if labor shortages and poor guest experience continue the entire town and valley will suffer. I urge you NOT to condemn the proposed East Vail housing project. I do not feel the May 3, 2022 - Page 138 of 498 arguments against have anything to do with wildlife conservation. Only a shield to avoid stating ‘Not in my backyard’. The Town Council needs to stand by its decision to allow the East Vail Affordable Housing project. It seems like a few neighbors of the project are using wildlife habit as a blocker. When I moved to Colorado and Vail in 1987 – I believe there were only a handful of Bighorn Sheep herds in the entire state. Reintroduction across the state began in the early 90’s (I do not have factual stats or documents – pretty sure this is in line and can be looked up). I recall seeing news reports of the relocation – capturing the sheep in Georgetown for relocation. Do you know what else was going on in the 90’s and since? Development in East Vail! Vail Mountain School campus is huge now – apparently not a problem for the sheep – I guess a more desirable neighbor. Many private ‘luxury’ homes have been built in East Vail over those years. How is it they do not have an impact on wildlife habitat? These developments were allowed by the Town Council – so must be good. Right?????? Please to not turn you back on the employees that make Vail special by threatening to block this project. This affordable housing project needs approval NOW! The town council are the ones standing in the way. Vail can only be Vail if people can live here and bring the businesses and mountain to life. I feel that seasonal employees (especially those new to our resort and valley) ability to live within the Town of Vail and be part of the local culture is extremely important. Guests strive for interactions with locals. Looking for ‘insider tips’. If our locals and employees cannot afford to live any closer to the resort than Gypsum – there will cease to be locals and interaction and tips for our guests. Over my 35 years working for Vail Resorts I feel my contributions have had uncountable positive impacts on guest experiences. Over the past several years our seasonal employee shortage has worsened. I have volunteered time (DAYS OFF) to help the mountain – working in our Dining locations and Lift Operations to help out with the shortages. This year the employee shortages were more severe than ever. I spent longer work days and at least one of my days off each week over the entire season helping on the mountains. I am more committed than ever to the success of our mountains, town, and valley. WHAT HAVE YOU DONE??? Thank you, Steve Larson //// IT Sr Manager, Field Operations Vail, Beaver Creek, Crested Butte Slarson@VailResorts.Com 9707541922 Driving technology, innovation, and operational excellence through partnerships The information contained in this message is confidential and intended only for the use of the May 3, 2022 - Page 139 of 498 individual or entity named above, and may be privileged. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please reply to the sender immediately, stating that you have received the message in error, then please delete this e-mail. Thank you. May 3, 2022 - Page 140 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail Development Date:Tuesday, April 26, 2022 10:06:24 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Bailey Smith <baileykaismith@gmail.com> Sent: Sunday, April 24, 2022 1:29 PM To: Jonathan Staufer <JStaufer@vailgov.com>; Council Dist List <TownCouncil@vailgov.com> Subject: Re: East Vail Development Thanks, I appreciate your response! I am familiar with the deed restriction programs here and write to you from inside a deed-restricted property that was won via lottery. Deed restriction is a great tool but needs to be part of a more holistic strategy if you are genuine about your goals. The deed restriction program is exclusive by design in that the eligibility criteria explicitly prioritize those who already have the privledge and financial means to be a current Vail resident. That will surely help keep Vail the same. If you really do want to be an inclusive and diverse community per your mission statement, you'd need to make an intentional effort to prioritize the historically marginalized communities here that are the minority (both racial and economic). We all know that less than a hundred units is important but won't solve the problem and there will need to be continued expansion of housing. To spend May 3, 2022 - Page 141 of 498 the towns money on blocking this effort and condemning the property, it further detracts from what positive progress you could be making. Vail should not be preserved simply for those who were here first (though realistically that would be the Utes). The service industry of Vail isn't here to support the affluent -- they are here to live their own full lives and enjoy this incredible valley and its immense ecological wonders, sense of community, and recreational opportunities. That should be accessible to all not the privledged few. I implore you to address concerns about habitat impacts through a partnership with the experts at CPW to strategically and equitably limit recreation and livestock impacts rather than limit housing -- particularly high-density housing which is demonstrated to substantially limit impacts to the climate, air quality, water quality, biodiversity and habitat. I appreciate your time engaging on this, and hope this valley can socially flourish and grow and evolve to be a more inclusive and diverse community. Bailey Smith On Sat, Apr 23, 2022 at 9:45 AM Jonathan Staufer <JStaufer@vailgov.com> wrote: Many thanks for writing in. Please do look further into what's publicly available regarding this decision: The Town of Vail is currently constructing Residences at Main Vail, 70 units of permanently deed restricted workforce housing within walking distance of the Village and Lionshead and served by four bus routs. Since the first of the year, this Council has authorized the purchase and permanently deed restriction of four units for workforce housing. These are among the many initiatives that have been widely supported by the community to improve the lives of the people who make Vail work and whom we hope stay here to contribute in the future. Thank you again for writing in. Best, Jonathan From: Bailey Smith <baileykaismith@gmail.com> Sent: Thursday, April 21, 2022 9:44 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: East Vail Development Hello, I recently learned about your proposal to condemn a property slated for development. After reviewing the publicly available resources and reports, I have to say I’m pretty impressed. In an age where the rest of the country is trying tirelessly to the dismantle institutional racism that’s plagued this country, the Town of Vail seems dedicated to upholding housing inequity and keep Vail as white and exclusive as possible. The level of NIMBYism happening here really deserves May 3, 2022 - Page 142 of 498 national attention. Best of luck from another affluent privileged Vail town visitor, Bailey Smith Sent from my iPhone May 3, 2022 - Page 143 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Booth Heights -- please condemn or buy! Date:Wednesday, April 27, 2022 8:42:25 AM Attachments:2021-03-25_18-17-32.png image008.png image012.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Ron Sege <ronsege@gmail.com> Sent: Wednesday, April 27, 2022 8:31 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Booth Heights -- please condemn or buy! Dear Council members, I am a full-time resident but will not be in town for the May 3 meeting. So I am writing to say that I agree with Richard Carnes in yesterday’s Vail Daily. First, our wildlife is important to the character and attractiveness of this valley, not the least of which are the sheep. Second, the first view of Vail that visitors (and residents) coming down from Vail pass should see is the current one, not a massive and out of place apartment complex. There must be ways to use existing developed lands in town to add workforce housing or increase density of existing spaces, as the town has pursued up until now. May 3, 2022 - Page 144 of 498 Let’s be done with this debate and move on to other matters. Oh, and thank you for taking steps to manage the traffic/parking/etc on Booth Falls trailhead! Sincerely, Ron 2665 Bald Mountain Road Ron Sege ronsege@gmail.com May 3, 2022 - Page 145 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Please do not condemn affordable housing projects Date:Wednesday, April 27, 2022 2:12:41 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Lindsay Hogan <lindsayhogan9@gmail.com> Sent: Wednesday, April 27, 2022 10:57 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>; Council Dist List <TownCouncil@vailgov.com> Subject: Please do not condemn affordable housing projects Dear Vail Town Council, I write this to ask that you PLEASE DO NOT condemn the East Vail Affordable Housing Project. We need this affordable housing project now, and we need to stand up for the people who work hard to bring the town to life for locals and guests. Please don't turn your back on the workers of Vail for what comes across as disingenuous and out-of-touch reasons. I believe deeply in environmental sustainability, but using the sheep herd to block affordable housing is embarrassing and wrong. The sheep do not need to graze on top of the biggest highway in the state - that only puts them in further danger. And the Colorado Dept of Parks and Wildlife have put their support behind this affordable housing project. May 3, 2022 - Page 146 of 498 Please consider what message your actions send to the working community of Vail. Please do not condemn the East Vail Affordable Housing Project. Thank you for your consideration. Lindsay Hogan May 3, 2022 - Page 147 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Comments on East Vail Workforce Housing Date:Thursday, April 28, 2022 4:21:41 PM Attachments:PublicComment_SmithR_EastVailHousingDiscrimination.pdf EastVailHousingDiscriminationMap-01.png image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Robyn Smith <robyn@embuzi.com> Sent: Thursday, April 28, 2022 4:15 PM To: Council Dist List <TownCouncil@vailgov.com> Cc: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Comments on East Vail Workforce Housing Hello, Please consider my attached comments prior to voting on a condemnation action for the East Vail Workforce Housing Project. Please also include these attachments in the Citizen Participation documents for the May 3rd meeting. I hope you will vote NO, and allow the housing project to proceed. Thank you for all that you do. May 3, 2022 - Page 148 of 498 Best, Robyn Smith West Vail Resident, Vail Business Owner, Vail Home Owner, Beneficiary of TOV Residential Housing, Conservationist -- Robyn Smith EMBUZI m:917.596.7618 w:embuzi.com e: robyn@embuzi.com May 3, 2022 - Page 149 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail Housing Development Date:Thursday, April 28, 2022 4:11:49 PM Attachments:image001.png image002.png image009.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Bryan H. Corbellini <BCorbellini@vailresorts.com> Sent: Thursday, April 28, 2022 3:50 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Cc: Council Dist List <TownCouncil@vailgov.com> Subject: FW: East Vail Housing Development This letter is regarding the urgent need for employee housing. I have lived in Eagle county for over 23 years and I have made my home here and without employee housing I myself would not have made this place my home. I do urge you not to condemn this housing project. I have plenty of stories I could share but I thought it was better to have one of my employee’s speak to her own experience. This young lady is an amazing person and is a very valuable asset to the community and someone I hope we can keep around. Below is here experience. Regards, Bryan Corbellini Lionshead Adult Location Manager May 3, 2022 - Page 150 of 498 Vail Ski & Snowboard School 970.754.4348 Bcorbellini@vailresorts.com Hello, Please see below my letter for the employee housing development. When I first decided to apply for a winter season at Vail Resorts I applied to both Vail and Park City. During my interview I was told that Park City did not have employee housing so it was immediately ruled out as an option. 6 months later I am about to finish my first season at Vail and have already decided I will stay in Vail for at least another year. I have loved my time here and this was definitely enhanced by the ability to find affordable housing. Moving to Vail from the UK was not an easy process and had I not had employee housing I simply would not have been able to relocate. I have had the most incredible season and made some life- long friends and am looking forward to continuing my journey with Vail Resorts. I strongly believe that if Vail had more affordable housing for employees there would not be staff shortages as we have seen this season. The cost of living and renting in Vail is extremely high and affordable housing makes living and working in Vail much more accessible. The East Vail housing proposal is an excellent development that will benefit the valley and other individuals, alike myself. Thanks, Kate Kate Dunn-Massey Administrator Lionshead Ski and Snowboard School Vail Mountain (970) 754-4349 katherine.dunn-massey@vailresorts.com May 3, 2022 - Page 151 of 498 The information contained in this message is confidential and intended only for the use of the individual or entity named above, and may be privileged. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please reply to the sender immediately, stating that you have received the message in error, then please delete this e-mail. Thank you. May 3, 2022 - Page 152 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Please do not condemn the affordable housing project Date:Thursday, April 28, 2022 1:54:51 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Jason Schetrompf <jasonstf@hotmail.com> Sent: Thursday, April 28, 2022 1:17 PM To: Council Dist List <TownCouncil@vailgov.com>; PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Please do not condemn the affordable housing project Vail Town Council: The lack of affordable housing in our community is far more reaching than reported. Beyond the ability to attract, hire and maintain a quality workforce, homelessness among our full-time workforce is real and happening daily. The culprit is usually when a home on the rental market is placed for sale or is converted to short term rentals. Just because we do not have people laying around on our streets, does not mean that people are not experiencing being displaced. As a middle manager, I too have experienced this sort of displacement. The apartment I had been renting was pulled from me to be converted to a short-term rental. Finding another rental option in 30 days is nearly impossible. Fortunately, I have connections that enabled me to temporarily keep a May 3, 2022 - Page 153 of 498 roof over my head. Others who are less fortunate end up either leaving our community, living in their cars, finding alternative housing that is often involves many roommates, or moving from temporary situation to temporary situation. The other pitfall is paying open market rental rates, which stretches personal finances that can lead to accruing long-term debt. These are all very familiar stories for people trying to simply add to our value to our community and enjoy the myriad of benefits that our valley provides. While I know that those who oppose this project worked hard to achieve their lifestyles, I am confident that the one thing they most likely had to underpin their success was a stable, consistent, and affordable living arrangement. Part of being successful is sharing those successes with others. All our staff is looking for the opportunity to be a part of something that is special and bigger than themselves. There is urgency around building the East Vail project. That urgency is two-fold. These workers are essential to our community being able to maintain its world-renowned reputation as one of the premier mountain destinations. Secondly, despite how you may feel about this project, we as a community with vast resources should not be accepting of the human toll that the housing crisis has created. Let your conscience be your guide and ACT NOW! Respectfully, Employed in Vail, Colorado since 2006 Jason Schetrompf May 3, 2022 - Page 154 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Please vote YES to protect EV bighorn sheep habitat Date:Thursday, April 28, 2022 10:17:11 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Frances Hartogh <frances.hartogh@gmail.com> Sent: Thursday, April 28, 2022 9:29 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Please vote YES to protect EV bighorn sheep habitat Dear Mayor Langmaid and Town of Vail Councilmembers, Thank you for voting to protect bighorn sheep critical habitat at Booth Heights by voting to stop Vail Resorts from building there. As a 40-year Vail resident, I attended yesterday's Vail Destination Stewardship Plan Engagement Session for tOV residents. It was heartwarmingto hear the support for our natural environment expressed by all the TOV locals inattendance! Stopping development of the critical sheep habitat is not a simple issue of either/or. VailResorts is disingenuous to frame the situation as either we get employee housing or weprotect the sheep, especially after withdrawing from constructive dialog regarding creatingoptions. There is no doubt that this Council profoundly desires to support the workers of Vail ANDprofoundly values and desires to support the habitat of the bighorn sheep. This is an May 3, 2022 - Page 155 of 498 existential threat to the latter. We can solve the housing problem for employees. Vail Resorts has alternative resources and land; the bighorns do not. For that reason, I applaud your vote and encourage you to vote yes on the condemnation resolution this Tuesday and to stay your course on behalf of wildlife, even as you continue to work hard for the human workforce. Sincerely,Frances Hartogh 4229 Nugget Lane, Vail May 3, 2022 - Page 156 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Date:Thursday, April 28, 2022 9:11:40 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Liz Chadderdon <goldenpeakstrategies@gmail.com> Sent: Tuesday, April 26, 2022 3:28 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: To the Vail Town Council: It's time to accept the symbiotic relationship between the Town of Vail and Vail Resorts. This town would not have world-class symphonies, art events, restaurants or shopping if not for the world famous Vail ski area. The property values of our residents would not be as high as they are without Vail's enduring brand. To pretend this is false is failing to recognize the obvious. If Vail the ski area thrives, we all thrive. If it suffers, we all suffer. And quite simply, if we do not hire a minimum of 50% more staff for next season, our brand will continue to falter as it has all year. If people stop coming here because it is no longer the resort it once was, everything we have built will lose value and decline. Period. We need employee housing to ensure we can bring back the staff we desperately need. Build May 3, 2022 - Page 157 of 498 employee housing anywhere you can. Stop being part of the problem and be part of the solution. Show leadership by acknowledging our future is in jeopardy if we do nothing. May 3, 2022 - Page 158 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail Employee Housing Date:Thursday, April 28, 2022 9:03:00 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Benjamin Bussard <bengod@gmail.com> Sent: Tuesday, April 26, 2022 3:40 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: East Vail Employee Housing Hello, Please vote to allow the construction of employee housing on the East Vail parcel. I have lived in the valley for over 10 years, got married and started a family. I lived in East Vail for 4 years and have watched this process closely. Originally the people (east vail residents) that were against the project were throwing any excuse possible. I knew most of the people writing into the Vail daily and they were almost all second home owners that were rarely in East Vail. "The busses will be to crowded" "It will be an eyesore for the Valley" May 3, 2022 - Page 159 of 498 "The first thing you see coming into vail is a big building" It wasn't until the "Save the Herd!" point came up that the other reasons for not having the site built went away. My family and I lived in employee housing in Booth Falls for one summer while we worked on the monumental task of buying in the Valley. That herd of sheep walk all over the Booth Falls neighborhood, lick the mag chloride off of the highway, and have walked through open construction sites. The allowance of the private development larger than the proposed employee housing is idiocy. Everyone knows we need employee housing. Everyone knows it needs to be east of Dowd Junction. Vail found a parcel that was perfect, donated the unused part to the county, and the NIMBY complainers faced with a great solution were pushed out of their comfort zone. Do the right thing and allow the employee housing to be built. Ben Bussard -- Benjamin Bussard May 3, 2022 - Page 160 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail Affordable Housing Project - Needed NOW Date:Thursday, April 28, 2022 9:02:49 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: greg_willis@msn.com <greg_willis@msn.com> Sent: Tuesday, April 26, 2022 3:47 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: East Vail Affordable Housing Project - Needed NOW Dear Vail Town Council, I am reaching out to urge you to not condemn the East Vail Affordable Housing property. I can’t stress enough the importance of this project to our town and valley in supporting what makes our community run. My now wife and I moved here in 1994 and were lucky enough to find a rental in East Vail to get us started. My wife was a teacher for 8 years at the Red Sandstone School while I worked on the mountain and we started to create our life here. We worked hard for the next 12 years to increase our points to qualify for deed restricted housing. Although we weren’t able to get into the Vail deed restricted units, we were lucky enough to get into Miller Ranch in 2006 at which time my wife transferred schools to teach in Edwards. We have since raised 2 boys in the valley and watched them become a connected part of our community. We are so grateful for the life May 3, 2022 - Page 161 of 498 we have been afforded here and for the time we have been able to give back supporting this community. None of this would have happened without that break we were given in finding that first rental to get our foot in the door of this community. That housing rental opportunity that we were lucky enough to find, just doesn’t exist anymore. It is near impossible for anyone excited about experiencing what the Vail Valley can offer to get started here now. The rental market has dried up and what is available is priced so high that it doesn’t make it feasible to live and work here. The East Vail Affordable Housing Project is a critical step in helping us to get new employees here to support our local businesses and maybe to create a life here like I have. This should be an easy button for us to start to make change on the affordable housing front. The project has been through all approvals and is ready to break ground. Vail Resorts has made accommodations to support any wildlife considerations by dedicating 17 acres of the property to that specific concern. With that it seems entirely hypocritical of the town to block this great effort when high dollar luxury housing has been approved and is under construction in the same location. Is the town really interested in solving our housing crisis and supporting local commerce and preserving our guest experience or is this more about the concern of backlash from the wealthy homeowners in that area? We need this fully approved affordable housing project NOW, and you are the only ones threatening to stand in its way. Do the right thing! Let’s start to make some positive change in regards to our housing dilemma. Consider my story and the chance that we might be attracting the future of our valley. I appreciate your time in this important matter. Sincerely, Greg Willis May 3, 2022 - Page 162 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: big horn sheep issue is YES/AND not either/or Date:Thursday, April 28, 2022 9:01:16 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Susie Kincade <susie@ebcmarketing.com> Sent: Tuesday, April 26, 2022 5:42 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: big horn sheep issue is YES/AND not either/or Dear Council Members, Thank you for voting to protect big horn sheep critical habitat at Booth Heights by voting to stop Vail Resorts from building there. This is not an issue of either/or. It is an issue of Yes/And! VR is disingenuous to frame the situation as either we get employee housing, or we protect the sheep! You know that Vail Resorts has withdrawn from constructive dialog regarding creating options. There is no doubt that this Council profoundly desires to support the workers of Vail AND profoundly values and desires to support the habitat of the big horn sheep. This is an existential threat to the latter. We can solve the housing for employees. May 3, 2022 - Page 163 of 498 I raise my eyebrows as VR positions itself as “defenders of their employees”, in light of the lawsuit brought by its employees this past year. VR has alternative resources and land; the big horn sheep do not. For that reason, I applaud your vote and encourage you to stay your course on behalf of wildlife, even as you continue to work hard for the human workforce. Susie Kincade Eagle County Wilderness Advocate www.thecoreact.org 970-328-5472 May 3, 2022 - Page 164 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Development of Vail Heights Property by Vail Resorts Date:Thursday, April 28, 2022 8:53:48 AM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Bob Essin <vailbob@comcast.net> Sent: Wednesday, April 27, 2022 3:04 PM To: Jonathan Staufer <jonathanstaufer@gmail.com>; Kevin Foley <KFoley@vailgov.com>; Kim Langmaid <KLangmaid@vailgov.com>; Council Dist List <TownCouncil@vailgov.com> Subject: Development of Vail Heights Property by Vail Resorts April 27, 2022 Dear Council and Staff, Vail Resorts should not develop the Booth Heights property. The property should remain in perpetuity for the Big Horns, unless of course something else dooms them. Vail Resorts owns other property that would be better for their workers and/or Vail workers. This is a big loss for the environment and for Vail Resorts standing in the environmental community. Seems to me the Town of Vail and politicians and the tax accountants and Vail Resorts should be able to come up with a lot of tax deductions for Vail Resorts to donate this property and not hurt the Big Horns. This development is too far away from services for the poorest people living in the Town of Vail. The traffic pattern around the school is a negative. In my previous life I was a practicing attorney for 20 years licensed in Texas and Colorado, and I am now on inactive status. I drove Vans to Vail the first 4 years I was here starting at age 47 in 1990 and moved 7 times the first 7 years I was here until I purchased 900 square feet in 1998. I now try to sell real estate here. I personally sold a portion of property that I owned to the State of Texas for Highway development. I did not forget that I still owned the portion that I did not sell and I paid taxes on it for many years until I sold it. I also represented Seaway Pipeline in several counties in Texas when they built a pipeline in the 1970s from Oklahoma to the Texas Coast. I understand condemnation. I was also a trustee for several years on the Sherman Texas Housing Authority and I understand and agree with the concept of public housing where it is necessary and beneficial and as it is practiced here in Vail in 3 or 4 different programs. I was one of the plaintiffs in the law suit that appealed the decision trying to set aside the Councils action when Booth Heights was approved. It is incredulous that Vail CO lost any idea of its ownership of this property through the 3 or 4 sales to other owners of the the ski company (Vail CO). But assuming that it really happened and they are not lying just to not pay any taxes on the property for 50 years through numerous owners and they did not commit fraud on the public when they followed the Colorado statute and paid just 2 or 3 years of back taxes, THEN VAIL RESORTS PAID A BIG ZERO ($0) FOR THE BOOTH HEIGHTS PROPERTY AND HAD NO EXPENSES FOR THE PROPERTY FOR 50 YEARS UNTIL THEY DISCOVERED May 3, 2022 - Page 165 of 498 IT AND IT IS GOING TO LOOK REALLY BAD FOR VAIL RESORTS TO DISPLACE AND SOME EXPERTS SAY DOOM THE BIG HORN HERD. MOST ALL OF THE PROPERTY DESCRIPTIONS IN EAST VAIL AND OTHER ARES USE “BIG HORN”. So much for any responsibility to the Directors and the Stockholders of Vail Resorts. Vail Resorts should do what is right and correct environmentally and reap the rewards for that along with the tax advantages that may be there. IF YOU HAVE TO USE CONDEMNATION THEN DO IT. Bob Essin 4264 Columbine Way #11 Vail, CO 81657 Vailbob@comcast.net 970-376-4484 Sent from my iPad May 3, 2022 - Page 166 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Booth Heights Date:Friday, April 29, 2022 1:49:02 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Hilary Magner <hilary@sbvail.com> Sent: Thursday, April 28, 2022 5:36 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Booth Heights Vail Town Council, As a small business owner in town, I think we really need to rethink condemnation of Booth Heights. We are in a housing crisis and need to think about the future of our community. With targeted mitigation of the land above Katsos Ranch Road, we can save the bighorn sheep and provide the needed housing on Booth Heights. I believe our hard earned tax dollars can go somewhere else vs paying Vail Resorts for the land’s market value which is probably around $40 million. We are in desperate need of affordable housing. This makes no sense to me. We need more time to collaborate. We can have housing and a healthy sheep herd. Is this really about the sheep or our land owners upset about having affordable housing near them? May 3, 2022 - Page 167 of 498 We need to continue to come together as a community to improve the housing issue so we can provide the best customer service experience for our guests. How can we as a community and as small business owners in the town work together to solve these issues that greatly affect not only our businesses but our families. Please don’t go to war with Vail Resorts. We can work together towards our mutual goals. Hilary Magner Squash Blossom Vail M:832-392-8626 O: 970-476-3129 Hilary@sbvail.com 198 Gore Creek Vail, CO 81657 www.squashblossomvail.com @squashblossomvail May 3, 2022 - Page 168 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail Housing Date:Monday, May 2, 2022 8:21:53 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Kristen Pryor <kristendpryor@gmail.com> Sent: Sunday, May 1, 2022 11:45 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: East Vail Housing To the Town Council of Vail, My name is Kristen Pryor and I am the General Manager of The Hythe, a Luxury Collection Resort, Vail (formerly the Vail Marriott). We employ over 300 associates who serve the guests of the Vail Valley. When looking to hire new staff, one of the first questions we receive is "do you have housing? " Next question is around transportation to and from work. It is no secret that both affordable housing and transportation are two of our biggest crises in the Vail Valley and having major impacts on our workforce and ability to deliver the luxury resort experience that help to drive real estate values and take care of homeowners, second homeowners, guests alike. The impact is beyond the hourly associate, it ripples to our mid-level management and leadership teams. These leaders struggle to find housing as well and with the lack of hourly associates, they are all working extensive hours covering for our limited staff. This also makes it difficult to recruit and May 3, 2022 - Page 169 of 498 retain professional leadership teams. Your consideration to condemn the East Vail Housing and stop Vail Resorts from building beds that had been approved is very disheartening to me. I came to Vail in 1995 as a hospitality intern, with 20 other college students and worked at the Vail Marriott. I lived in Timber RIdge (employee housing) with 2 other roommates. From there, I had created friendships and was able to move into housing in West Vail and had 4 jobs (ski school instructor, banquets, babysitting, concierge) and 5 roommates to make it work. After two years, I went back to Denver and continued my hospitality career. In 2007, I came back to open The Westin Riverfront as a Director of Sales and Marketing and was able to purchase a duplex in Edwards with my husband and help from our family. We could not purchase the same duplex today based on increased housing prices. In coming back to the Vail Valley, I have since reconnected with several others who worked with me in 1995. These hourly associates who needed employee housing have moved on to raising families and being amazing contributors to our community. By condemning this land, you will be condemning the hard workers and dreamers who care about the Vail Valley and want work, play and thrive here. If I did not have employee housing, I would not have been able to come here in 1995 and it is not likely that I would have imagined ever living here full time and raising a family here. Because I lived here in 1995, I care so much about Vail and feel deeply rooted and passionate about being a leader in this valley, that I call my home town. If you condemn this land you are limiting the possibilities to cultivate future leaders who will care for this valley for years to come. Thank you for your time and consideration in honoring the prior approval for Vail Resorts to build 165 affordable housing beds on this land now. We need these beds, we need these associates and we need more strong leaders and dreamers for Vail to continue to thrive. My best, Kristen D. Pryor Mother of three and General Manager of The Hythe Vail 970-343-2267 May 3, 2022 - Page 170 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Protect the East Vail Bighorn Sheep Date:Monday, May 2, 2022 8:38:12 AM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Georgia Fox <aspenfox@aol.com> Sent: Sunday, May 1, 2022 12:14 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>; ++comments@vailresorts.com; +bighorn@eaglesummitwilderness.org Subject: Protect the East Vail Bighorn Sheep I am writing to oppose development of the Booth Heights parcel because of the adverse impact it would have on the East Vail bighorn sheep herd. The herd has overwintered on this small piece of land for millennia. Vail Resorts and the Town of Vail should work together to find a better location for the development of much-needed employee housing. If Vail Resorts is unwilling to sell the parcel to the Town or exchange the parcel for Town property under reasonable terms, I urge the Town Council to condemn the parcel for permanent protection as wildlife habitat. PLEASE, PLEASE, PLEASE put animals first; without our help they cannot survive! Surely there are less sensitive places in the valley that are suitable for employee housing. Thank you for your willingness to consider condemning this parcel. Georgia Fox Sent from my iPad May 3, 2022 - Page 171 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Workforce Housing in East Vail Date:Monday, May 2, 2022 8:38:48 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: gsdmd8551 <gsdmd8551@aol.com> Sent: Monday, May 2, 2022 8:18 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Fwd: Workforce Housing in East Vail Please see my comments below on this topic sent to the Vail Daily May 1, 2022 as a letter to the editor. To the Editor, I read with interest the COLUMN about workforce housing in East Vail by Tobin Stone (Albright College 2022; I am an Albright graduate 1973), as well as the GUEST OPINION by Ron Velarde and Rick Cables in the Vail Daily May 1, 2022. I am an owner/resident in the Mountain Meadow community of East Vail, and based on the need for employee/affordable housing I am in favor of the Vail Resorts project in East Vail. As reported by Ron and Rick, there is potential for this project to be a win/win May 3, 2022 - Page 172 of 498 by helping to alleviate the problem of the lack of sufficient local employee/affordable housing, as well as protect the “magnificent bighorn.” I guess instead of one of Tobin’s NIMBYs, I am a PIMBY (Place In My Back Yard). I encourage the Town Council to make every effort to support this project. Sent from my iPhone Gary S. Drizin, M.D. 4682 Meadow Drive, Unit 8 Vail, Colorado 81657 Email: gsdmd8551@aol.com Phone: 215-740-2700 May 3, 2022 - Page 173 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Booth Heights Date:Monday, May 2, 2022 8:39:38 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Nina Kazazian <nhk11@me.com> Sent: Saturday, April 30, 2022 8:26 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Booth Heights Please pass the resolution to obtain the booth heights parcel as open space!! I’m so happy to see this resolution is on the agenda! Best regards, Nina H Kazazian Pitkin Creek Park since 2007 Booth Creek townhomes 1976-1986. +1(970)306-6235 “ What do we live for if not to make the world less difficult for each other?” May 3, 2022 - Page 174 of 498 —George Eliot. May 3, 2022 - Page 175 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Big horn sheep Date:Monday, May 2, 2022 8:39:59 AM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Terese Snowden <tksnowden33@yahoo.com> Sent: Saturday, April 30, 2022 7:44 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Big horn sheep I find the Big Horn Sheep up on the rocks to be an important part of the magic of Vail More important to me than the hotel’s restaurants and stores Please condemn their land so they will be safe Dr Terese Snowden Colorado resident since 1982 Owner Telemark Townhome Since 1990 Sent from my iPhone May 3, 2022 - Page 176 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Affordable Housing in East Vail Date:Monday, May 2, 2022 8:51:55 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Karissa Both <bothkarissa@gmail.com> Sent: Saturday, April 30, 2022 2:11 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Affordable Housing in East Vail April 30, 2022 To Whom It May Concern: I’m writing in response to the ongoing affordable housing initiative that Vail Resorts is pursuing in East Vail. I am an employee of Vail Resorts and help manage the Call Center and Ticket Offices. I first heard about this project when I began with the company in early 2019- All that I knew was that VR was attempting to build in an area that would destroy bighorn sheep habitat. When this issue arose again about a month ago, I felt torn: as a manager, I need employees. I cannot have employees if I don’t have housing to offer them. As a lover of the earth and nature, I don’t want to disrupt the sheep’s living space. With this, I stayed quiet. Since then, I began doing my own research- reading actual reports, not just listening to people’s opinions. I am writing to say, the Vail Town Council has an obligation to approve this project and permit May 3, 2022 - Page 177 of 498 affordable housing to be built on this property in East Vail. The building of housing has been approved in this area. But now, the building of affordable housing is being questioned? I would call out that the only difference here is that the one type of housing is affordable and the other is not, so why is this being so heavily debated? However, the truth is that the one type of housing is affordable, it comes with more vetting than any other property in that area, it is taking multiple measures to give back to and preserve the natural habitat (namely, the sheep), and it is making the skiing experience possible that the economy of the town relies on through housing the workers that are required to orchestrate the experience. The other housing in this area does NONE of this. Some comments that I’ve heard against this project are: It’s damaging the sheep’s habitat and disturbing the herd. This isn’t true. There are multiple third-party reports and studies showing this. In addition, VR is designating 75% of the parcel to natural preservation, is funding long-overdue habitat rehabilitation, and has undergone more intense vetting than any of the other 107 structures that already exist in this area. The natural resources make this town what it is. The natural resources are what have drawn development to this area. The town would not be accessible to enjoy nature if it were not for the development aspect. The economy would not thrive if it weren’t for tourism- tourism isn’t always a fun part of the community, but it’s most definitely the driver of our economy. In addition, this development gives back to the preservation of natural resources. Why not build on Ever Vail? The plan is to build on Ever Vail, and Ever Vail is not shovel ready, and won’t be shovel ready for another 3-5 years. It doesn’t look nice. What also doesn’t look nice is a ticket office with 1 window open and a line across international bridge because there isn’t staff because there isn’t housing. This isn’t only a “doesn’t look nice” for VR, but it is you- it is the community- that we hear from and that are angry when this is your experience. Vail Resorts helped cause the crisis. Vail Resorts helped stimulate the economy. Vail Resorts helped make Vail Mountain the place it is today. This housing crisis isn’t new. And since when does it make sense or since when do problems get solved by ignoring them? This has been brought up time and time again since the 1970s, and since the 1970s, the town council has voted against employee housing for things as petty as aesthetic. Affordable housing is necessary, and it is necessary NOW. Our town and our economy would not function if it were not for the tourism, and we cannot continue to provide an experience that guests from around the world travel to see without the labor force to make it possible. Affordable housing in East Vail specifically is vital. East Vail specifically should be approved for this project, because it is shovel-ready and can provide relief sooner than any other property. Housing on this side of Dowd Junction ensures that the community can operate even when the road is closed. Housing on this side of Down Junction preserves the natural resources that people seem to care about so much, because it means fewer commuters and less of a carbon footprint. Housing in town on the bus route encourages bus usage, also lessening the carbon footprint AND adding relief to the parking problem that the community is undeniably seeing. According to the Affordable Housing Transformational Task Force and Subpanel: May 3, 2022 - Page 178 of 498 Colorado saw a dramatic decrease (40%) in the number of homes built across the housing continuum between 2010 and 2020. This significant decrease has coincided with a population increase of 14.8% in the state, creating a situation where low supply and high demand have greatly driven up prices. While demand for housing has increased, both project-based and naturally occurring affordable housing have been lost to market forces. State data show that the number of units deemed affordable for those making less than $45,000/year decreased by almost 300,000 units in the last decade. These losses have deep implications for low- to moderate-income individuals and families. A convergence of factors have come together, exacerbated by the COVID-19 pandemic, to create more affordability challenges for middle-income households. Housing cost burdens are rising across Colorado, especially in high growth areas, creating a significant gap in middle- income housing. People are pushed further and further away from their place of work due to high price and limited inventory, creating more traffic congestion and longer commutes. Existing state and federal resources are limited to address this housing gap, as they primarily support the development of housing for those earning 60% AMI or less. According to recent reports by the National Low Income Housing Coalition (NLIHC), Colorado is ranked the 9th least affordable state for housing. For minimum wage earners to afford a modest two-bedroom apartment, they would need to work 89 hours per week. Check your motives, Vail Town Council. What are you standing for? I stand for the development of affordable housing in East Vail. Sincerely, Karissa Both May 3, 2022 - Page 179 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Don"t Condemn Booth Heights Parcel Date:Monday, May 2, 2022 8:52:46 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Michael Bruun <mbruun3267@msn.com> Sent: Saturday, April 30, 2022 12:27 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Don't Condemn Booth Heights Parcel Dear Vail Town Council, My name is Mike Bruun and I am writing to ask that you vote to not condemn the Booth Heights parcel in East Vail and allow for affordable workforce housing proposed by Vail Resorts to continue. I am in hospitality specifically in group events. From when I started doing this work in the valley in 2008 to now is black and white from a workforce standpoint. I can't find any long- term full-time staff and out of the area applicants all say the same thing, "What about housing?". Most applicants are well informed of the housing crisis in this ski resort and others and won't continue an interview until they have answers on the housing the job offers. The strain of the workforce shortage is now being felt by our group attendees as I simply can't get May 3, 2022 - Page 180 of 498 enough people to work events. This area needs tourism to survive, and if we don't address housing for the workforce that serves our visitors the experience will suffer and then the guests won't come back. What does Vail's budget look like without substantial visitation? When I moved here from Virginia I was a server and remember many times being able to find multiple listings for somewhat affordable housing in Vail, not to mention countless opportunities down valley. Since, I have put down roots, bought a home and started a family. Came for a winter and now almost 14 years later I can't imagine calling anywhere else home. I've heard my story from 100 people I've encountered over the years. If I started my journey here in present state, if I even came at all, I would've done one season and had to move on because of the absurd cost of living. When interviewing candidates I can't stop talking about how amazing it is to live here and how you can definitely make a life...with the asterisk of "if you can find a place to live". I believe that if housing isn't addressed immediately future transplants who will put down roots here and keep making this valley the amazing destination it is will disappear. Like most that have made their way here I love nature and the outdoors and I certainly don't want to upset our balance with nature. However, it is my understanding that 75% of this parcel has already been donated by Vail Resorts to be preserved and the 5 acres they are looking to build on is close to the highway and not the most ideal portion of the parcel for the bighorn sheep. All I hear is how Vail Resorts needs to take responsibility for the housing problem and step up as it's mostly they have the largest workforce needs in the area. Why are we getting in the way when they finally want to do something to help address the issue? I 100% do not approve of $15 million in tax dollars being spent to buy the land at value and then condemning it so nothing can ever be built on it. Surely there is a path to compromise between VR, the town and the sheep. If we can't come together and do something about the housing crisis crushing this community than before too long it will be a non-issue as guests and workers alike won't want to be here. Please do the right thing and look for a compromise and do not condemn the best and quickest opportunity to start to turn things around. Kind Regards, Mike Bruun Works in Vail, Lives in Gypsum Sent from Outlook May 3, 2022 - Page 181 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Proceed with Vail Employee Housing at East Vail Location Date:Monday, May 2, 2022 8:53:13 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Shawn Carney <scarney1978@gmail.com> Sent: Saturday, April 30, 2022 11:46 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Proceed with Vail Employee Housing at East Vail Location Dear Town Council, I have been a Vail Mountain employee for over 20 years and witnessed the housing struggle first hand. The Town Council needs to stand by its decision to allow the East Vail Affordable Housing Project. It is obvious that we are in a housing crisis and action needs to be taken immediately. This project is the first piece of what will be a long road to providing more housing opportunities to the workforce of the valley. I don't understand why a multi million dollar mansion can be built for second or even third home owners literally down the road but we can't support a well vetted employee housing project? Everyone talks about the importance of employee housing but doesn't take action, it is in your hands to make a difference. Thank you for your consideration, May 3, 2022 - Page 182 of 498 Shawn Carney Senior Manager Mountain Operations May 3, 2022 - Page 183 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Support to Condemn Booth Heights Project Date:Monday, May 2, 2022 8:53:56 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: jacci mckenna <xotic61@yahoo.com> Sent: Saturday, April 30, 2022 9:51 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Support to Condemn Booth Heights Project Thank you to the Vail Town Council for your efforts to reach a resolution that would satisfy both the needs of Vail Resorts employee housing and preservation of the big horn winter range habitat. It is unfortunate that Vail Resorts did not appear to be bargaining in good faith and is attempting to proceed with the initial plans to build in a location that would result in devastating consequences for the big horn herd. As a result, the only option is to proceed with condemnation proceedings and I and many other community members fully support that action. Workforce housing is of paramount importance and so are the lives of the big horn sheep herd which CPW representatives confirm will not survive unless their winter-range habitat is protected. Thankfully, it does not need to be an either/or proposition. The actions you take can and will result in a win-win for both interests. Your support in protecting the big horn herd is very much appreciated! May 3, 2022 - Page 184 of 498 Be Well, Jacci McKenna, Eagle Be the Change You Want to See in the World, Mahatma Gandhi May 3, 2022 - Page 185 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Resolution 22 Date:Monday, May 2, 2022 8:54:37 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: mike Halpert <mikehalpert79@gmail.com> Sent: Saturday, April 30, 2022 9:40 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Resolution 22 I am supportive of the TOV acting in a positive way to condem the property and further protect it for perpetuity. Michael Halpert 1054 Homestake Circle Vail 81657 970 476 5301 -- CEO/PHILHIDE 970 476B 5301 May 3, 2022 - Page 186 of 498 215 790 1717 mikehalpert79@gmail.com hidemogul@aol.com May 3, 2022 - Page 187 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail development concerns Date:Monday, May 2, 2022 8:55:03 AM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Jordan Harrill <jchtravel@gmail.com> Sent: Saturday, April 30, 2022 8:59 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: East Vail development concerns Vail town council, I’ve been a vail resident since 2008. There have been many consistent elements during my time here, most of them amazing. One of the unfortunate and most serious has been a shortage in affordable housing. Now more than ever we should be getting creative to be part of and create the solution. I couldn’t disagree more with using our taxpayer dollars to work against a viable solution which is the proposed development in East Vail. Jordan Harrill May 3, 2022 - Page 188 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Booth Heights Date:Monday, May 2, 2022 8:55:22 AM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Joe McHugh <mjoemchugh@comcast.net> Sent: Friday, April 29, 2022 8:26 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Booth Heights Had VR been truly interested in land for employee housing it would have pursued the proposed land swap with the TOV, a superior option for employee housing. It’s latest ploy proves its goal is a purely profit - driven sale of the condemned land to the TOV. Joe & Brenda McHugh 4014 Bighorn Road Vail, CO 81657 979-476-0324 Sent from my iPhone May 3, 2022 - Page 189 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vail town Council should support Vail Corporation Affordable housing project Date:Monday, May 2, 2022 8:55:39 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Matt Thompson <mwthompson@disciples.com> Sent: Friday, April 29, 2022 7:58 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vail town Council should support Vail Corporation Affordable housing project Friday April 28, 2022 Dear Vail Town Council, Everyone is aware of what will happen if our town and valley does not have affordable housing for its employees. I urge the Town Council of Vail Not to condemn the Vail Corperation East Vail affordable housing project. I currently live in employee housing at Beaver Creek ski Resort in Avon at the Tarnes and without this employee housing I would not be here and be able to have my current employment with Vail Corporation at Beaver Creek Ski Resorts. I also would not be able to pursue using my master’s degree in my field of sports management within the ski industry and Vail Corporation at Beaver Creek Ski Resort. The average apartment and housing rent in Vail and the Vail Valley is about $1400 a month, which if I had to get housing outside my affordable employee housing with Vail Corporations, I would not be able to afford it since that is almost if not more than I make in pay in a 2 week pay period, and would not be here employed with Vail Corporation and living in the Vail Valley. I know there are other employees and future employees of May 3, 2022 - Page 190 of 498 Vail Corporation and other employers in Vail and the Vail Valley who would say the same and are in the same situation. The town of Vail and its largest employer Vail Cooperation, and largest employer in the Vail Valley, which runs both Vail Ski Resort here in Vail and Beaver Creek Ski Resort in Avon need more affordable housing for employees. Vail Corporation employee housing in Vail and the Vail Valley is currently can’t house all the employees or even a majority of its employees. Stemming from this problem and the many more Vail Corporation employees who want and need affordable employee housing, the new affordable employee housing project in Vail for Vail Corporation should move forward and be completed. Without this affordable housing not only will Vail Corporation suffer by not having enough employees to adequately run Vail Ski Resort and Beaver Creek Ski Resort, but the whole Town of Vail, the whole Valley Vail and the public will suffer because if Vail Corporation does not have enough employees to adequately run Vail Ski Resort and Beaver Creek Ski Resort then the public and people of Vail and the Vail Valley will not be able to do what they like to do which is ski and snowboard on their great mountains and world class destinations. Also, Vail and Vail Valley will lose lots of money in its economy since outside people and vacationers will not be able to come ski and snowboard at Vail ski Resort and Beaver Creek Ski Resort. Vail Corporation should be allowed to build their affordable employee housing on the East Vail parcel of land that they own since other luxury home construction has been allowed in the same area that is used by the bighorn sheep. Why can luxury homes be built on land that affects bighorn sheep or bighorn sheep use and not affordable housing for Vail Corporation? Wouldn’t they both have the same impact on the bighorn sheep? Also Vail Corporation is planning on setting aside some of the land for wildlife habitat and fire mitigation , so Vail Corporation is showing that it took the bighorn sheep, wildlife and fires into accord and cares for the wildlife, unluck the public makes Vail Resorts out to be, not caring for the bighorn sheep and wildlife when Vail Corporations actual does. Are we going to put the bighorn sheep before humans and the lively hood of our town in jeopardy? I urge the Town Council of Vail to Support the Vail Corperation affordable housing project in East Vail and not condemn it. Matt Thompson Cheyenne, WY Winter and Summer Lift Operator & Leadership Essentials Online Training at Beaver Creek Ski Resort & Vail Corporation 0116 Bachelor Gulch Trail Bldg. #3, Apt. 103 Avon, CO 81620 (307)679-0373 May 3, 2022 - Page 191 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vail town Council should support Vail Corperation Affordable housing project Date:Monday, May 2, 2022 8:55:53 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Matt Thompson <mwthompson@disciples.com> Sent: Friday, April 29, 2022 7:56 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Vail town Council should support Vail Corperation Affordable housing project Friday April 28, 2022 Dear Vail Town Council, Everyone is aware of what will happen if our town and valley does not have affordable housing for its employees. I urge the Town Council of Vail Not to condemn the Vail Corperation East Vail affordable housing project. I currently live in employee housing at Beaver Creek ski Resort in Avon at the Tarnes and without this employee housing I would not be here and be able to have my current employment with Vail Corporation at Beaver Creek Ski Resorts. I also would not be able to pursue using my master’s degree in my field of sports management within the ski industry and Vail Corporation at Beaver Creek Ski Resort. The average apartment and housing rent in Vail and the Vail Valley is about $1400 a month, which May 3, 2022 - Page 192 of 498 if I had to get housing outside my affordable employee housing with Vail Corporations, I would not be able to afford it since that is almost if not more than I make in pay in a 2 week pay period, and would not be here employed with Vail Corporation and living in the Vail Valley. I know there are other employees and future employees of Vail Corporation and other employers in Vail and the Vail Valley who would say the same and are in the same situation. The town of Vail and its largest employer Vail Cooperation, and largest employer in the Vail Valley, which runs both Vail Ski Resort here in Vail and Beaver Creek Ski Resort in Avon need more affordable housing for employees. Vail Corporation employee housing in Vail and the Vail Valley is currently can’t house all the employees or even a majority of its employees. Stemming from this problem and the many more Vail Corporation employees who want and need affordable employee housing, the new affordable employee housing project in Vail for Vail Corporation should move forward and be completed. Without this affordable housing not only will Vail Corporation suffer by not having enough employees to adequately run Vail Ski Resort and Beaver Creek Ski Resort, but the whole Town of Vail, the whole Valley Vail and the public will suffer because if Vail Corporation does not have enough employees to adequately run Vail Ski Resort and Beaver Creek Ski Resort then the public and people of Vail and the Vail Valley will not be able to do what they like to do which is ski and snowboard on their great mountains and world class destinations. Also, Vail and Vail Valley will lose lots of money in its economy since outside people and vacationers will not be able to come ski and snowboard at Vail ski Resort and Beaver Creek Ski Resort. Vail Corporation should be allowed to build their affordable employee housing on the East Vail parcel of land that they own since other luxury home construction has been allowed in the same area that is used by the bighorn sheep. Why can luxury homes be built on land that affects bighorn sheep or bighorn sheep use and not affordable housing for Vail Corporation? Wouldn’t they both have the same impact on the bighorn sheep? Also Vail Corporation is planning on setting aside some of the land for wildlife habitat and fire mitigation , so Vail Corporation is showing that it took the bighorn sheep, wildlife and fires into accord and cares for the wildlife, unluck the public makes Vail Resorts out to be, not caring for the bighorn sheep and wildlife when Vail Corporations actual does. Are we going to put the bighorn sheep before humans and the lively hood of our town in jeopardy? I urge the Town Council of Vail to Support the Vail Corperation affordable housing project in East Vail and not condemn it. Matt Thompson Cheyenne, WY Winter and Summer Lift Operator & Leadership Essentials Online Training at Beaver Creek Ski Resort & Vail Corporation 0116 Bachelor Gulch Trail Bldg. #3, Apt. 103 Avon, CO 81620 (307)679-0373 May 3, 2022 - Page 193 of 498 May 3, 2022 - Page 194 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Booth Heights condemnation Date:Monday, May 2, 2022 8:56:00 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Leslie Robertson <leslie@lodgeatlionshead.com> Sent: Friday, April 29, 2022 6:01 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Booth Heights condemnation Dear Vail Town Council members, I am an employee in Vail who fully supports condemnation of the East Vail parcel that has been proposed for the Booth Heights development. Vail Resorts has other land on which it could build employee housing that makes more sense - the former Ever Vail development would be a perfect location based on proximity to the villages and the mountain. Until they build on that, they should not be allowed to build on the only remaining winter habitat for our local bighorn sheep herd. I am a renter who lives down valley because I cannot afford to live in Vail. I am also someone who has seen - for years - how lack of housing affects hiring, employee retention, morale and May 3, 2022 - Page 195 of 498 more. I still in no way want to see Vail's bighorn sheep herd "mitigated" to extinction for a project like this. There are other solutions. Thank you, Leslie Leslie Robertson Marketing Coordinator Lodge at Lionshead 970-476-2700 800-962-4399 www.lodgeatlionshead.com www.eastwest.com May 3, 2022 - Page 196 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Employee Housing project. Date:Monday, May 2, 2022 8:56:21 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Jason Farmer <Jason.P.Farmer@vailresorts.com> Sent: Friday, April 29, 2022 4:33 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>; Council Dist List <TownCouncil@vailgov.com> Subject: Employee Housing project. To whom it may concern, Recognizing the unusually harsh and unrealistic reality of finding housing in the valley I’m writing in support of proceeding with the proposed project. The bottom line is that this effects people of low income primarily and is at their expense when projects to support them are stifled for political gain. The arguments opposed to the housing proposal do not ring true, and primarily sound like lip service to impede and obstruct the project, rather than any genuine and authentic concern. I find it particularly hypocritical that the town of vail allows for the operation of numerous fur shops, replete with countless pelts of exotic animals, yet acts like one proposed building is going May 3, 2022 - Page 197 of 498 Kindly, Jason Farmer The information contained in this message is confidential and intended only for the use of the individual or entity named above, and may be privileged. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please reply to the sender immediately, stating that you have received the message in error, then please delete this e-mail. Thank you. May 3, 2022 - Page 198 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Booth Heights Date:Monday, May 2, 2022 8:56:43 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Jeffrey Lovelace <jclovelace@earthlink.net> Sent: Friday, April 29, 2022 2:43 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Booth Heights Dear Town of Vail Council Members, As residents of Vail, we believe Vail Resorts should not be allowed to build employee housing in the Booth Heights Area. While we are aware of how serious the need is, there may be more suitable locations closer and more convenient to our Town. On a recent drive to the area, my wife and I turned up Katsos Ranch Road and to our amazement encountered a herd of bighorn sheep. I counted 37 of them peacefully grazing on the hillside oblivious to us and even a neighbor who drove up and said he has seen as many as May 3, 2022 - Page 199 of 498 70 or so. As we watched, two back country skiers were walking east on Frontage Road below us. They were accompanied by a small black and white sheep dog. As they approached, every bighorn sheep stopped eating and turned toward that dog as it walked past ¼ of a mile or so below them. Even though we were closer, they didn’t care about us. Surprising. But, that dog was a real concern! With the 100 or so housing units planned for Booth Heights, I’m sure dogs and other pets will come as well. All of whom will have a serious impact on the bighorn sheep. We believe the area should be protected. We are pleased the Town is considering purchasing Booth Heights from Vail Resorts and taking condemnation action. To protect what’s left of the bighorn sheep habitat is the right thing to do. They are incredible creatures. Part of the beauty of Vail. We’d hate to see them lost. Thank you for your attention, Jeff and Judy Lovelace 860-391-3015 May 3, 2022 - Page 200 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Collaboration not Condemnation Date:Monday, May 2, 2022 2:10:46 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Alison Wadey <alisonw@vailchamber.org> Sent: Monday, May 2, 2022 1:29 PM To: Council Dist List <TownCouncil@vailgov.com>; Patty McKenny <PMcKenny@vailgov.com>; Stan Zemler <SZemler@vailgov.com> Subject: Collaboration not Condemnation Hello Town Council, I will keep it short and sweet as I already wrote a more detailed letter to you all two weeks ago. I just want you all to remember tomorrow when you are voting on condemnation the old adage that "you can't put the toothpaste back in the tube once it has been squeezed out". Once you set the condemnation of the East Vail affordable housing project in motion you are going to start a ripple effect of negative consequences and do irreparable harm to community relationships that we have all worked so hard on the past 8-10 years. Please take a deep breath, take a step back, and find out another way to collaborate to achieve our May 3, 2022 - Page 201 of 498 community goals. Please either vote no on condemnation or forego the vote altogether. There is another way forward, we can find it together. Thank you for all that you do and for considering what is best for the community through level headedness and not emotional decision making. Thank you, Alison Wadey Alison C. Wadey Executive Director Vail Chamber & Business Association 241 South Frontage Road Suite 2 Vail, CO 81657 Office: (970) 477-0075 Mobile: (970) 376-1661 www.vailchamber.org Community-Inspired Guest Experience May 3, 2022 - Page 202 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail Affordable Housing-Public Input Date:Monday, May 2, 2022 2:24:28 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Jane Ivy <JIvy@vailresorts.com> Sent: Monday, May 2, 2022 11:48 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: East Vail Affordable Housing-Public Input As a long time worker and resident of the Vail Valley I urge the Town Council NOT to condemn East Vail affordable housing. Our lack of employees this year due to a severe lack of housing put an enormous strain on everyone, including our guests and their experience. It is essential that we as a community look at the future and realize that affordable housing is a priority. We continue to build luxury homes but overlook the need to provide housing for our staff. We cannot have a community made up solely of luxury homes. At what point do we realize what we are doing isn’t sustainable? We must work together solve our housing crisis and have employees living in the community where they work. Please find a way to collaborate on this project rather than condemn it. May 3, 2022 - Page 203 of 498 Thank you for your time. Sincerely, Jane Jane Ivy Club Director Vail Mountain Club The information contained in this message is confidential and intended only for the use of the individual or entity named above, and may be privileged. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please reply to the sender immediately, stating that you have received the message in error, then please delete this e-mail. Thank you. May 3, 2022 - Page 204 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Condemnation Vote Date:Monday, May 2, 2022 2:27:06 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Douglas Schofield <DSchofield@vailresorts.com> Sent: Monday, May 2, 2022 10:18 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Condemnation Vote Vail Town council- I am disappointed to have to be here to ask you to not condemn land for a project that has already been approved by the previous town council and undoing the work of a previous council is a dangerous precedent to set. This project aligns with the Town of Vail’s mission to provide additional housing and re-build the lost character of this community. As a 32 year resident I have seen and experienced the desperate need for additional housing and this proposal of condemnation demonstrates the unequal treatment based on the class they are associated with…that is discrimination. The lack of housing IN the Town of Vail has incredibly degraded the character of this community with locals only coming ‘downtown’ for skiing or special events. This town has changed and not for the better, it is no longer the community it once was with vibrant locals, the only locals left are May 3, 2022 - Page 205 of 498 people that have been here since homes were more affordable, or are part of the 1%. This is a project that is ready to go in a location that is better described as interstate right of way than wildlife habitat, a habitat that will be improved with the approval of this project. The interstate is the greatest risk to the sheep herd and lack of housing is the greatest risk to this community’s character. Speaking of interstate…Dowd junction has been classified as an area of special attention by CDOT with 86% of accidents occurring during the winter months. The recommendation to house employees down valley not only creates increased traffic, a greater demand on parking, increased pollution, but most importantly it makes the problem worse-not better-increasing the risks that our transportation partners and working to fix. This project is ready to go and is the only project that can be in place in the near future as we continue to plan for additional units at alternative locations. You should take the passion and personal agendas out if this decision and rely on the facts that show the immense importance of this project, lack of fiduciary transparency and lack of accountability for current residences and businesses currently within the winter habitat. I want my employees in our backyard and you should too. Douglas F. Schofield Sr. Manager Health and Safety Vail Mountain O: 970.754.4317 C:970.390.5843 dschofield@vailresorts.com The information contained in this message is confidential and intended only for the use of the individual or entity named above, and may be privileged. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please reply to the sender immediately, stating that you have received the message in error, then please delete this e-mail. Thank you. May 3, 2022 - Page 206 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail 23 Acre site for employee housing Date:Monday, May 2, 2022 2:27:35 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Bowenarbs <Bowenarbs@comcast.net> Sent: Monday, May 2, 2022 10:03 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: East Vail 23 Acre site for employee housing I’d simply like to offer one vote for the Bighorn Sheep on this tract. Dr. Jeff Bowen May 3, 2022 - Page 207 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: EverVail Master plan Date:Tuesday, May 3, 2022 9:39:46 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Victoria Frank <vfrank@slifer.net> Sent: Tuesday, May 3, 2022 9:31 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: EverVail Master plan Agree, it is either time to condemn the Ever Vail land and have TOV build with a private developer, an apartment building where 50% floats with current market rental rates and 50% with a restricted rental rate for Vail Village employees (ONLY) with employers who could offer master leases for their seasonal or long term employees. There would still be space on the lot for VR or whomever to build for profit townhomes or condos along the creek. Go down to the One Riverwalk project at the Westin (currently) under construction in Avon to see how they did it. Or sell the land/plans to someone who can get the job done. It’s been too long and the need is great. May 3, 2022 - Page 208 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:40:08 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Gracie Moody <Gracie.Moody.548464216@p2a.co> Sent: Tuesday, May 3, 2022 9:30 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 209 of 498 encourage you to vote NO on condemnation of this property. Regards, Gracie Moody 175 Williams St Minturn, CO 81645 May 3, 2022 - Page 210 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:40:25 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Ashley Cummings <Ashley.Cummings.548463992@p2a.co> Sent: Tuesday, May 3, 2022 9:28 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 211 of 498 encourage you to vote NO on condemnation of this property. Regards, Ashley Cummings 1050 W Beaver Creek Blvd Avon, CO 81620 May 3, 2022 - Page 212 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail Big Horn development Date:Tuesday, May 3, 2022 9:40:44 AM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Thomas Dimmig, M.D. <Thomas.Dimmig@emergeortho.com> Sent: Tuesday, May 3, 2022 9:23 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: East Vail Big Horn development All, We have been coming to Vail since 1969 and are current residents of East Vail. We are totally and completely against the proposed development in the Big Horn area. East Vail is a community of small homes and condos owned mostly by local residents. The proposed development is wrong for so many reasons of course the sheep are certainly an important factor. “Affordable housing” for transient employees at this sight makes no sense what so ever. It needs to be located in proximity of other services like grocery stores and other retail, restaurants, easy transportation as well as social entertainment sites like bars. East Vail has none of that!! Maintaining this site as open space is so important for our local environment. One does not want to enter the valley and first thing look at a large development on the right side of the road. How this has gotten this far is really beyond me and many others?? Thank you for your time. Tom and Jane Dimmig May 3, 2022 - Page 213 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:41:51 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Lindsey Fagerstrom <Lindsey.Fagerstrom.548422816@p2a.co> Sent: Tuesday, May 3, 2022 8:32 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, Hello Vail Town Council Members, I have lived in vail for just shy of 2 years. I work in the village for a small business, Two Arrows. Housing creates an undercurrent of stress among my peers - which affects our day to day lives. There is always fear about having to move, your home being sold, or rent being increased. It is stressful because there are little to no housing solutions happening. Please do not make this a sheep vs. housing issue when it simply is not. PLEASE represent us. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. May 3, 2022 - Page 214 of 498 Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Regards, Lindsey Fagerstrom 3900 Fall Line Dr Vail, CO 81657 May 3, 2022 - Page 215 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:42:39 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Ryan Kelsey <Ryan.Kelsey.548421501@p2a.co> Sent: Tuesday, May 3, 2022 8:05 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, As an active member of the Vail business and residential community and as a 22 year resident in Eagle County, I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. May 3, 2022 - Page 216 of 498 Regards, Ryan Kelsey 680 Lionshead Pl Vail, CO 81657 May 3, 2022 - Page 217 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:42:41 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Katie Kukar <Katie.Kukar.548421448@p2a.co> Sent: Tuesday, May 3, 2022 8:04 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 218 of 498 encourage you to vote NO on condemnation of this property. Regards, Katie Kukar 2942 Bellflower Dr Vail, CO 81657 May 3, 2022 - Page 219 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Condemnation Vote Date:Tuesday, May 3, 2022 9:43:21 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Renner, Trisha <TRenner@rwbaird.com> Sent: Tuesday, May 3, 2022 7:09 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Condemnation Vote As a frequent visitor and sales tax generator to Vail I urge you to vote no on condemnation. That seems to be a dramatic and inappropriate action. Entering back into discussions with partners will allow the high ground and greater negotiation position. Rushing to this vote lacks transparency and creates ill will towards further development collaborations. Thank you for your time in advance. Best, Trish Trisha K. Renner Managing Director May 3, 2022 - Page 220 of 498 ********************************************************************** Robert W. Baird & Co. Incorporated does not accept buy, sell or other transaction orders by e-mail, or any instructions by e-mail that require a signature. 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E-mail transmissions cannot be guaranteed to be secure, timely or error-free. Baird therefore recommends that you do not send any sensitive information such as account or personal identification numbers by e-mail. ********************************************************************** May 3, 2022 - Page 221 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail development Date:Tuesday, May 3, 2022 9:43:48 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: David Miller <davidmiller3552@gmail.com> Sent: Tuesday, May 3, 2022 5:25 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: East Vail development Hi there, I am writing regarding the proposal to condemn the parcel in East Vail. As a full time East Vail resident and deed restricted home owner, I do not support this decision to condemn the property. The decision for a government of any size, to condemn and effectively emenint domain a property is not a decision that should be made lightly. It seems that this was the only option considered by the council and no attempts were made for any other resolution. Additionally the reasons for doing this are lose at best. I understand the desire to protect the sheep, however there are massive luxury homes being built in May 3, 2022 - Page 222 of 498 this same habitat, a large school complex and a trail head that sees tens of thousands of visitors annually. One could argue that all of those would be equally if not more disruptive to the sheep habitat. The need for employee housing in this town is dire. Effectively killing this plan to help ease the employee housing crisis is a poor and short sighted decision by the town council. The decision to condemn this property says more about where the towns priorities are and sends a clear message to the working class, that they are not wanted in the Town of Vail. Sincerely, David Miller Alexis Patton East Vail May 3, 2022 - Page 223 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:44:13 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Anne Somary <Anne.Somary.548406030@p2a.co> Sent: Tuesday, May 3, 2022 5:10 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, My husband and I have been visiting Vail from Chicago for the past eight years. We love it so much, we bought a condo during Covid. Now, we spend at least four months a year there. And, one of our sons moved there and bought his own condo nearby. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the May 3, 2022 - Page 224 of 498 development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Regards, Anne Somary 180 Daybreak Ridge Rd Avon, CO 81620 May 3, 2022 - Page 225 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:44:42 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Ilse Joyce <Ilse.Joyce.548399840@p2a.co> Sent: Tuesday, May 3, 2022 2:53 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 226 of 498 encourage you to vote NO on condemnation of this property. Regards, Ilse Joyce Geneva Dr Vail, CO 81657 May 3, 2022 - Page 227 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:44:52 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Jana Morgan <Jana.Morgan.548394809@p2a.co> Sent: Tuesday, May 3, 2022 2:30 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I have lived and worked in Vail for 35 years. Never in my wildest dreams could I imagine our elected town officials would vote to condemn a parcel of land so workforce housing cannot be built. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail May 3, 2022 - Page 228 of 498 InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Regards, Jana Morgan 193 Gore Creek Dr Vail, CO 81657 May 3, 2022 - Page 229 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:45:23 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Sally Caples <Sally.Caples.548394403@p2a.co> Sent: Tuesday, May 3, 2022 2:29 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 230 of 498 encourage you to vote NO on condemnation of this property. Regards, Sally Caples PO Box 341 Avon, CO 81620 May 3, 2022 - Page 231 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:45:40 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Bartholomew Cuomo <Bartholomew.Cuomo.548349610@p2a.co> Sent: Tuesday, May 3, 2022 12:19 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, Full-time resident aand business owner. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 232 of 498 encourage you to vote NO on condemnation of this property. Regards, Bartholomew Cuomo 1750 S Frontage Rd W Vail, CO 81657 May 3, 2022 - Page 233 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:46:02 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Micah Theodor <Micah.Theodor.548364866@p2a.co> Sent: Monday, May 2, 2022 11:31 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 234 of 498 encourage you to vote NO on condemnation of this property. Regards, Micah Theodor 2111 N Frontage Rd W Vail, CO 81657 May 3, 2022 - Page 235 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:46:22 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Chris Novak <Chris.Novak.548364848@p2a.co> Sent: Monday, May 2, 2022 11:31 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 236 of 498 encourage you to vote NO on condemnation of this property. Regards, Chris Novak PO Box 1806 Eagle, CO 81631 May 3, 2022 - Page 237 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:46:39 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Charlotte Linton <Charlotte.Linton.548363713@p2a.co> Sent: Monday, May 2, 2022 11:07 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 238 of 498 encourage you to vote NO on condemnation of this property. Regards, Charlotte Linton 4192 Spruce Way Vail, CO 81657 May 3, 2022 - Page 239 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Please Do Not Condemn Parcel Date:Tuesday, May 3, 2022 9:47:00 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Christine <christinehamilton45@gmail.com> Sent: Monday, May 2, 2022 10:04 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Please Do Not Condemn Parcel Hello, My name is Christine Hamilton and I am a resident of West Vail. I also work full time in Vail Village. Please stop the condemnation process to allow both sides of this issue to find a long term solution that helps the Big Horn sheep and provides our community with workforce housing that we desperately need. Town of Vail workers are dealing with rising rent prices, inflated costs of living, low wages, and a complete lack of places to rent within reasonable distance to places of employment. Local workers are forced out of their apartments so their landlords can sell for a profit in this inflated market and are unable to find housing afterwards, seasonal workers live with +5 people in 1-2 bedroom apartments so they can afford rent and live close to work, and the local community is becoming increasingly upset with the lack of care and support in the form of workforce housing or assistance from employers. The Big Horn sheep are displaced on the road near May 3, 2022 - Page 240 of 498 I-70 and wildlife management needs to also come up with a plan to get the big horn sheep back into a suitable habitat. I believe that the town of vail, vail resorts, and partners like the Colorado parks & wildlife, CDOT, and other non profit wildlife organizations can work together to bring about a plan to help the wildlife survive while also planning for more workforce housing to help the local community. Condemning the land is not the answer. Thank you for your time, Christine Hamilton May 3, 2022 - Page 241 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 9:47:19 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Jessica Kostelnik <Jessica.Kostelnik.538135366@p2a.co> Sent: Monday, May 2, 2022 9:47 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. May 3, 2022 - Page 242 of 498 Regards, Jessica Kostelnik 4848 W 28th Ave Denver, CO 80212 May 3, 2022 - Page 243 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Please Take Action for Vail Valley"s Housing Crisis! Date:Tuesday, May 3, 2022 9:47:38 AM Attachments:image008.png image012.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: casey@drunkengoatco.com <casey@drunkengoatco.com> Sent: Monday, May 2, 2022 9:09 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Please Take Action for Vail Valley's Housing Crisis! Dear Vail Council, As a small business owner of a local restaurant in the Vail Valley, it is imperative that we take action for our housing crisis, our businesses and community thrive on diversity and those who want to work and live here in our beautiful valley. We know that our locals and guests experienced a decline in service based on our employee housing crisis. We need to ask ourselves if we are willing to live, shop and dine with limited service? I personally know teachers, servers, chefs, young professionals who are leaving the valley due to unaffordable housing, which will continue to be the case if we don’t find solutions. I believe collaboration and compromise are the way for Vail Resorts and the Town of Vail to help the sheep and our current and future working residents. Condemning Booth Heights does not save the sheep. The herd will continue to be at risk until the habitat above Katsos Ranch Road is mitigated. If we put a development next to I-70 with a bus stop it will only reduce May 3, 2022 - Page 244 of 498 carbon footprint, pollution, traffic, parking issues and will increase the value of diversity and the quality of service that our valley deserves. Respectfully, Casey Glowacki (Owner for CUT and Drunken Goat) Casey Glowacki 56 Edwards Village Blvd #104 Edwards, Co 81632 843.345.4683 www.drunkengoatco.com www.cutvail.com May 3, 2022 - Page 245 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote No on Condemnation Date:Tuesday, May 3, 2022 9:50:22 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Erin Iba <erin@ibadesignassociates.com> Sent: Monday, May 2, 2022 5:24 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote No on Condemnation Members of Town Council, I am writing to respectfully request that you vote no on the condemnation of Booth Heights. This has been passed by PEC, DRB and the previous town council. This proposal has gone through all of the proper channels of government and was approved. To come in after the fact and seize the land via eminent domain sets a dangerous precedent, threatens our relationships with future developers and partners, lacks transparency and in the end neither resolves the security of the bighorn sheep nor address our urgent need for workforce housing. I am aware of the challenging relationship between Vail Resorts and the Town of Vail. The idea of asserting authority over VR, would probably feel great for all of us, but realistically would be cutting our nose off despite our face. Please take this opportunity to instead go back to the table and open a dialog that gives the Town of Vail what is wants; to ensure the restoration of the true bighorn sheep habitat and provide urgently needed workforce housing. I know how committed this town council is to our collective community goals May 3, 2022 - Page 246 of 498 and encourage you to at the very least go back to the negotiating table instead of blowing up any option of future remedy. Thank you for your time and consideration. Best, Erin Erin Iba ERIN@IBADESIGNASSOCIATES.COM TELEPHONE 303-390-1648 2475 Garmisch Dr., #1 VAIL CO 81657 1421 Oneida Street, Suite 11 DENVER CO 80220 45 Carmine Street, Suite 3D NEW YORK NY 10014 IBADESIGNASSOCIATES.COM May 3, 2022 - Page 247 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Meeting regarding the East Vail parcel Date:Tuesday, May 3, 2022 9:50:40 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: DEBRA DIETER <DSDIETER@msn.com> Sent: Monday, May 2, 2022 5:32 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Meeting regarding the East Vail parcel Hello--I live in Eagle, but am often affected by the lack of employee housing in Vail. I am a wildlife advocate, so it may be hard for you to understand my position on the East Vail parcel. I believe employee housing should be built there for several reasons. First, the bighorn habitat in this area is dangerous for the sheep. I have seen the herd on the shoulder of the highway, and I have seen semis swerve to avoid it. The town of Vail should put their ample money where their mouths are and make this area safer for the sheep. This will be bolstered by the habitat improvements in the development plan. Secondly, the lack of housing in Vail has pushed support workers 30-50 miles away. Adding hundreds of commuters to the highway, many of whom have little experience driving in our May 3, 2022 - Page 248 of 498 winter conditions, and who can't afford to maintain their cars causes pollution, accidents, congestion and breaches in the wildlife fencing. In January 3 elk were killed in 24 hours due to one such breach. During Saturday's highway cleanup we saw countless animal skeletons in a one-mile stretch on the north side of the highway. We also saw the corpse of a possible lynx, which has been reported to DOW. Vail has gotten accolades for being a sustainable destination. They are undeserved because there is nothing sustainable about a housing situation that forces support workers to live 30- 50 miles away. Given this, sustainability efforts that have been made by the town of Vail are a drop in the bucket. You will not be sustainable from an environmental or economic point of view if you don't solve YOUR problem, and quit making it everyone else's. Debra and David Dieter Eagle, CO May 3, 2022 - Page 249 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Housing crisis Date:Tuesday, May 3, 2022 9:51:13 AM Attachments:VTC.docx image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: elisse@sweepingchangevail.com <elisse@sweepingchangevail.com> Sent: Monday, May 2, 2022 5:46 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Housing crisis Good afternoon, Please see the attached regarding the condemnation of Booth Heights. Thank you, Elisse Kelley (970)390-8353 Elisse@SweepingChangeVail.com SweepingChangeVail.com Sweeping Change May 3, 2022 - Page 250 of 498 May 3, 2022 - Page 251 of 498 5/2/2022 To Whom it may concern, It is certainly well known in the Vail Valley that there is a housing crisis. The Vail Daily has published numerous articles addressing this situation as well as the Vail Valley Partnership. This is not a new issue to our community however this crisis is escalating and impacting the ability to staff every business in the Valley properly. We are a Valley dependent on tourism and without the ability to provide customer service and a meaningful experience our guests simply will not return. This will be a one stop shop for the guest instead of a return destination. Vail residents voted to pass 2A last November. We understand we are in a housing crisis. We understand the impact it has from a multitude of levels and the trickle-down effect to each guest that comes to this Valley. This winter Vail’s guests experienced a decline in service based on our employee housing crisis. This will continue to decline without more housing. As the owner of a small business in the Valley I was grateful for the tourism this past winter however it was brutal to manage with the staffing. My teams were working unhealthy amounts of overtime and exhausted by the end of the season. It is difficult to manage a profit even with the exceptional levels of tourism we saw this winter when the profit margin is being escalated by everything around us right now and one would hope that a problem that could be controlled is staffing. Staffing appropriately to reduce the overtime hours and the exhaustion was not possible in this current climate. I had individuals averaging 50 hours of overtime ALL winter on a biweekly payroll and during the holidays had many individuals with 100 hours of overtime! That is simply not a sustainable model from any level. Our community will lose its diversity without residents and neighbors who live and work in Vail. Vail Valley needs to be a place that tourism is thriving, and we are renowned as a destination known for its service. This will not happen without providing housing for our staff that is the lifeblood supporting tourism. Habitat mitigation is the only way to save the big horn sheep. Condemning Booth Heights does not save the sheep. The herd will continue to be at risk until the habitat above Katsos Ranch Road is mitigated. A development next to I-70 and a bus stop is the best place for housing. Keeping employees in town and on public transportation reduces our carbon footprint. It will reduce pollution, traffic and parking issues. We are simply dependent on the resources of affordable housing and transportation to maintain and attract staff. My business and every business in this Valley cannot continue to survive winters like this past one due to staffing shortages that are a direct link to the housing crisis in the Valley. Vail Resorts and the Town of Vail can work together to find a solution that helps the sheep and helps our current and future working residents. Can we not work together to find a resolution? As a resident in this Valley for 28 years I’m hopeful that common ground can be found. We need housing and we cannot continue to bring in tourism without a focus on how to serve the guests that come to this Valley. The Town of Vail needs to work with community partners to create solutions to the housing crisis. Condemning Booth Heights is not the direction we need to go, particularly at this moment in time. I am hopeful a collaborative solution can be reached. Thank you, Elisse Kelley Sweeping Change LLC. May 3, 2022 - Page 252 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Please, do not rush to judgement; proposed Booth Heights development Date:Tuesday, May 3, 2022 9:56:57 AM Attachments:image001.png image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Matt Ivy <Ivy@vailracquetclub.com> Sent: Monday, May 2, 2022 5:42 PM To: Council Dist List <TownCouncil@vailgov.com> Cc: Stan Zemler <SZemler@vailgov.com> Subject: Please, do not rush to judgement; proposed Booth Heights development Dear Town Council, I was out of town for a few days and just read the letter from Tobin Stone regarding the proposed Booth Heights development which I trust has garnered your attention. I can attest to the accuracy of his viewpoint regarding East Vail residents as it mirrors my experience. Prior to the rallying cry of “Save the Bighorn Sheep” every East Vail resident I spoke with was against this housing initiative. There was considerable buzz about the project as each passing conversation centered around the topic of the inappropriateness of this employee housing project being located in East Vail. May 3, 2022 - Page 253 of 498 Numerous times I heard East Vail locals, who rightfully adore this special part of the valley, impart nonsense such as “this employee housing project will make East Vail too crowded”, “we won’t ever be able to get on a bus”, “we don’t need this riff-raff in our community”, “the housing is too close to our neighborhood and the Mountain School and these employees would be a bad element for our kids to be around”, etc. etc. etc. All the comments centered around one theme: yes, we need housing in Vail, but not in my backyard. Then, eureka! The sentiment suddenly shifted as East Vail locals became aware of the perfect “scapegoat”, the bighorn sheep. Embracing the save the sheep campaign was the perfect avenue for East Vail residents to adjust their viewpoints from NIMBYism to one of noble environmentalism. I drive past the property in question on my way to work each day and bike past it several times a week in the summer. I continually examine the property, and the environment in which the bighorn sheep reside, and have come to the conclusion that there is room for compromise on this development, not condemnation. From my perspective, employee housing in East Vail is sorely needed. In spite of our Association owning and renting 19 EHUs, we do not have enough employees to staff our operations and have been forced to reduce our services. Similarly, the restaurant has not had enough employees to properly staff their operations and the situation forced them to open for only four days a week this past winter. We need East Vail housing and employees in our vicinity which can help staff our operations, join our club facility, and eat in the restaurant as well as assist with the staffing needs of the other Vail businesses. Booth Falls is an affluent neighborhood, and the Mountain School did an extensive remodel several years ago and built employee housing east of the school. So far, the sheep have coexisted in this area since the 1970s. It is difficult to understand that if the sheep are so sensitive why they haven’t been driven to extinction by the residences that have been built (and gutted and rebuilt), or by the Mountain School’s development. Who knows, perhaps the sheep have discriminating taste. Or is it possible, maybe even likely, that they will be able to coexist with some much-needed employee housing which will be built in an area currently covered with aspen trees which the bighorn sheep do not use? Please, do not rush to judgement; consider both the needs of the bighorn sheep and the housing needs of the community. As past development has proven, they are not mutually exclusive. Thank you for your consideration. Sincerely, Matt Ivy May 3, 2022 - Page 254 of 498 General Manager (970) 476-4233 WWW.VailRacquetClub.com May 3, 2022 - Page 255 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: RESOLUTION OF INTENT TO CONDEMN BOOTH HEIGHTS PARCEL Date:Tuesday, May 3, 2022 9:57:19 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Anne Esson <alesson055@gmail.com> Sent: Monday, May 2, 2022 6:31 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: RESOLUTION OF INTENT TO CONDEMN BOOTH HEIGHTS PARCEL JUST DO IT! then preserve it as Open Space and a wildlife refuge for use by the Bighorn herd for whom it is critical winter habitat. Or else!!! risk an old age tormented by ghosts of civic leaders Tom and Flo Steinberg joined in the not too distant future by me, Anne Esson singing Joni Mitchell's words"You paved over Paradise,and have left only a parking lot." Comment offered respectfully on my 82nd birthday, AnneEsson 30+ Vail resident now since December,2020, a Denver resident. May 3, 2022 - Page 256 of 498 May 3, 2022 - Page 257 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 10:01:00 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Samantha Biszantz <Samantha.Biszantz.548465774@p2a.co> Sent: Tuesday, May 3, 2022 9:46 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, As a local business owner and homeowner, I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. May 3, 2022 - Page 258 of 498 Regards, Samantha Biszantz 2897 Timber Creek Dr Vail, CO 81657 May 3, 2022 - Page 259 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 10:01:20 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Chelsea Zankowski <Chelsea.Zankowski.548465431@p2a.co> Sent: Tuesday, May 3, 2022 9:42 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 260 of 498 encourage you to vote NO on condemnation of this property. Regards, Chelsea Zankowski 382 Main St Minturn, CO 81645 May 3, 2022 - Page 261 of 498 From:George Ruther To:Tammy Nagel; Patty McKenny; Stephanie Bibbens Cc:Suzanne Silverthorn Subject:FW: FYI Date:Monday, May 2, 2022 6:50:10 PM Attachments:East Vail letter to ToV.pdf image002.png image003.png Good Evening – A copy of his letter came to my attention. I trust you likely received the same. Just in case, I am forwarding the letter to your attention. Thanks, George Ruther Director Housing Department 75 South Frontage Road Vail, CO 81657 Direct: 970.376.2675 From: Chris Romer <cromer@vailvalleypartnership.com> Sent: Monday, May 2, 2022 2:18 PM To: George Ruther <GRuther@vailgov.com> Subject: FYI -- Connect with others on VVP Connect - our new online networking platform with community working groups, resource libraries, discussion threads and member profiles. -- Chris Romer, ACE, IOM President & CEO May 3, 2022 - Page 262 of 498 Vail Valley Partnership [D] 970.477.4016 | [O] 970.476.1000 97 Main Street, Ste. E-201, Edwards, CO 81632 Support. Unite. Lead. VailValleyPartnership.com • VisitVailValley.com • VailValleyMeansBusiness.com Recognized as National Chamber of the Year in 2016 and 2020 May 3, 2022 - Page 263 of 498 97 Main Street, Suite E-201, Edwards, CO 81632 VailValleyPartnership.com Recognized as Chamber of the Year in 2016 and 2020 by the Association of Chamber of Commerce Executives Town of Vail Town Council 75 S. Frontage Road Vail, CO 81657 Town Council members, Vail Valley Partnership’s board of governors – representing over 900 organizations in Eagle County and over 80% of the local workforce – unanimously supports the proposed workforce housing development in East Vail. Of equal or greater importance, we vehemently oppose the use of eminent domain to condemn this private property. We do not believe that government should be punitive against pri vate businesses because you may disagree with them. Government seizure of private lands is extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing the workforce housing issue through the development of projects such as Lions Ridge, Chamonix, and Residences at Main Vail and through programs such as Vail InDeed. Throwing away this goodwill through government overreach is ill-advised and unfortunate. We encourage you to avoid the use of eminent domain of private property. The courts have ruled development can occur. We should all share the concern about the condemnation of private property regardless of your opinion on workforce housing, or your opinion on environmental impacts of development. It is telling that no opposition or condemnation of private property has occurred for other development in the East Vail bighorn sheep range. To be clear, we are housing advocates and have a long history of supporting workforce housing projects throughout the Eagle River Valley. This project meets our criteria for support. Public sentiment for workforce housing has long been favorable and this project meets an important need for housing within the town of Vail limits. But in this case, it’s not about housing – it’s about the role of government – and we believe that condemnation is unwarranted and unnecessary. Sincerely, Chris Romer President & CEO Vail Valley Partnership May 3, 2022 - Page 264 of 498 97 Main Street, Suite E-201, Edwards, CO 81632 VailValleyPartnership.com Recognized as Chamber of the Year in 2016 and 2020 by the Association of Chamber of Commerce Executives Sent on behalf of the Vail Valley Partnership board of governors: Colter Barnett – Owner, Base Mountain Sports/Ptarmigan Sports Michael Brown – Regional President, Alpine Bank Will Cook – President/CEO, Vail Health John Dawsey – Vice President/Hospitality, Vail Resorts Sarah Franke – Vice President Marketing & Operations, Vail Valley Foundation Mark Herron – Vice President Vail Valley, InvitedHome Bratzo Horruitiner – Executive Director, My Future Pathways Tiffany Ingoldsby – Controller, Shaeffer Hyde Construction Jeff Kennedy – Co-Founder, Moe’s Original BBQ Margaret Martinez – Vice President / Branch Manager, JP Morgan Chase Private Client Bank Madelyn Moses – Owner, Elevated Dental Kathryn Regjo – Vice President, Colorado Mountain College Melina Valsecia – Executive Director, Eagle Valley Community Foundation Gary Woodworth – CEO, Gallegos Corporation May 3, 2022 - Page 265 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail plot condemnation Date:Tuesday, May 3, 2022 10:45:57 AM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Grace Poganski <pogansg@bellsouth.net> Sent: Tuesday, May 3, 2022 10:35 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: East Vail plot condemnation I continue to urge all town council members to go forward with the proposed condemnation for the east Vail property on which Vail Resorts wants to build. I am currently on a naturalist tour in the Galapagos and believe that Vail could take some important lessons about wildlife conservation that the country of Ecuador is so passionate about. Like here, the Town of Vail should put it’s dwindling wildlife community at the top of the list above all financial and corporate desires to do otherwise. We all are charged with stewardship of our flora and fauna. Resist any arm twisting or pressure to vote yes for the building project. Since I cannot be there in person to share my comments, please include them in the official record of public comment at this evening’s meeting. Thank you. - Grace Poganski Sent from my iPhone May 3, 2022 - Page 266 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: EAST VAIL EMPLOYEE HOUSING/BIGHORN SHEEP Date:Tuesday, May 3, 2022 10:46:24 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: cindy steimle <cindy@traveloe.com> Sent: Tuesday, May 3, 2022 10:40 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: EAST VAIL EMPLOYEE HOUSING/BIGHORN SHEEP DEAR MEMBERS OF TOWN COUNCIL AND CONCERNED CITIZENS, WE LIVE IN A PROPERTY IN EAST VAIL WHERE THE SHEEP GRAZE ABOVE US, AROUND US AND SOMETIMES EVEN IN OUR BACK YARD. IT IS A DELIGHT TO SEE THEM ON MANY OCCASIONS. OUR HOUSE WAS ALREADY BUILT IN 1972 AND ZONED FOR DUPLEX OCCUPANCY. THE BOOTH HEIGHTS DEVELOPMENT HOWEVER HAS HAD A VERY HUSH HUSH HISTORY OF OWNERSHIP AND UNPAID TAXES. IT IS IRRESPONSIBLE TO PROCEED NOW WITH THE BUILDING OF AN EMPLOYEE HOUSING PROJECT ON A SITE INHABITATED BY OUR STATE ANIMAL – THE BIGHORN SHEEP. WE ARE STEWARDS OF THESE SHEEP. BUILDING IN THIS AREA ALSO COMPROMISES OVERCROWDED PUBLIC TRANSPORTATION, ALREADY BEYOND CAPACITY. ADDING HOUSING HERE ON THE BOARDWALK ENTRY TO VAIL WILL AFFECT THE MOUNTAIN SCHOOL AND NEIGHBORHOODS WEST OF THIS May 3, 2022 - Page 267 of 498 PROJECT. THERE ARE MANY ALTERNATIVES THAT CAN ACCOMMODATE EMPLOYEE HOUSING THAT ARE ALREADY IN EXISTANCE. THE ALTERNATIVES DO NOT DESTROY SHEEP HERDS NATURAL HABITAT. AFFORDABLE HOUSING? HAS THAT EVER HAPPENED IN VAIL? IN CLOSING - I WOULD ASK THE COUNCIL TO VOTE RESPONSIBLY ON THE FUTURE OF OUR NATIVE ANIMALS. YOU DO NOT WANT TO BE THE COUNCIL WHO VOTED TO DESTROY A SHEEP POPULATION OF CLOSE TO 100 AND EVER -GROWING. WE NEED TO LISTEN TO OUR EXECUTIVE DIRECTORS OF THE COLORADO WILDLIFE FEDERATION AS THEY AND MANY OTHER INDIVIDUALS SUPPORT A VOICE FOR THE SHEEP. THE STEIMLES This email has been checked for viruses by Avast antivirus software. www.avast.com May 3, 2022 - Page 268 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 10:46:46 AM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Geoffrey Somary <Geoffrey.Somary.548471308@p2a.co> Sent: Tuesday, May 3, 2022 10:46 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I have purchased a home in Beaver Creek and enjoy Vail on many days both in ski season and in the summer. I have heard many times from employees the challenge of affordable housing. We need to expand it for the good of Vail. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the May 3, 2022 - Page 269 of 498 development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Regards, Geoffrey Somary 180 Daybreak Ridge Rd Avon, CO 81620 May 3, 2022 - Page 270 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East Vail Date:Tuesday, May 3, 2022 12:44:59 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Matt Morgan <matt@sweetbasilvail.com> Sent: Tuesday, May 3, 2022 12:26 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: East Vail Hello Town Council, I’m sure you’ve had a million emails, so I’ll keep this one brief. Three points: 1. I’ve read through Robyn Smith’s email and research. I’m no expert here, but if half of what she says is true, she has a pretty compelling argument as to the status of things regarding the opposition to the East Vail housing project in question. 2. I’m definitely no expert regarding the condemnation process and all that this entails, but this really seems like a lose-lose proposition that will cause a huge financial burden to the Town of Vail. Seems pretty drastic and I have to believe there is a better way that could be considered before you (and we) jump off that ledge. Can there be discussions with Vail Resorts to commit the East Vail property into a conservation easement? Town of Vail could agree to throw in with Vail Resorts financially and otherwise to ease the path for a successful housing development at EverVail? Again, none of this is in my wheelhouse of expertise, and maybe May 3, 2022 - Page 271 of 498 these ideas have either already been discussed or are non-starters for a multitude of reasons. That said, this condemnation sounds like a disaster on a lot of levels, and I would hope that there is a better way. 3. I’m sure you already know how I feel about the housing crisis, so I won’t repeat what I’ve said before aside from the fact that the situation is beyond dire and as a result, the quality of the guest experience here in Vail is eroding rapidly. Good luck tonight. Thanks for your time and service. Matt May 3, 2022 - Page 272 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:45:35 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Stuart Lloyd <Stuart.Lloyd.548481316@p2a.co> Sent: Tuesday, May 3, 2022 12:23 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I live in Eagle County and work for Vail Resorts. This town needs more affordable housing options for local workers, especially those that work for Vail Resorts. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail May 3, 2022 - Page 273 of 498 InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Regards, Stuart Lloyd 1061 W Beaver Creek Blvd Avon, CO 81620 May 3, 2022 - Page 274 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:45:54 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Colter Barnett <Colter.Barnett.548480993@p2a.co> Sent: Tuesday, May 3, 2022 12:19 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, My name is Colter Barnett. I come from a family of locals here in the valley of over 40 years. I am a business owner of over 10. We desperately need more workforce housing and to protect our surrounding environment HOWEVER this is not a environmental or workforce issue. It is a land use issue. I urge you TO APPROVE the Booth Heights project because of the precedent it will set for PRIVATELY OWNED land use moving forward. Please reconsider the condemnation of this project. Please. The valley needs your help here, don't let us down. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. May 3, 2022 - Page 275 of 498 Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Regards, Colter Barnett 175 Hurd Ln Avon, CO 81620 May 3, 2022 - Page 276 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:47:49 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Jessica Dwyer <Jessica.Dwyer.548480047@p2a.co> Sent: Tuesday, May 3, 2022 12:11 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I am local resident here in Vail. I’ve worked in various service and hospitality jobs here and understand the complications VR Can have but know first hand the implications of housing has in our town. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the May 3, 2022 - Page 277 of 498 development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Regards, Jessica Dwyer 3032 Bellflower Dr Vail, CO 81657 May 3, 2022 - Page 278 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:48:09 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Sara Burden <Sara.Burden.548479436@p2a.co> Sent: Tuesday, May 3, 2022 12:04 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, Local for 8 years hopefully future business owner here in the Valley. Resident of West Vail. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 279 of 498 encourage you to vote NO on condemnation of this property. Regards, Sara Burden 2863 Bellflower Dr Vail, CO 81657 May 3, 2022 - Page 280 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:48:23 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Brian Thomas <Brian.Thomas.548479166@p2a.co> Sent: Tuesday, May 3, 2022 12:03 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 281 of 498 encourage you to vote NO on condemnation of this property. Regards, Brian Thomas 51 Stillwater Edwards, CO 81632 May 3, 2022 - Page 282 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:48:45 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: brandon bigalke <brandon.bigalke.548478707@p2a.co> Sent: Tuesday, May 3, 2022 11:58 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 283 of 498 encourage you to vote NO on condemnation of this property. Regards, brandon bigalke 3971 Big Horn Rd Vail, CO 81657 May 3, 2022 - Page 284 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:49:03 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Lizzy Owens <Lizzy.Owens.548478022@p2a.co> Sent: Tuesday, May 3, 2022 11:54 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I live in Eagle, work in Gypsum, and spend a lot of time in Vail. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 285 of 498 encourage you to vote NO on condemnation of this property. Regards, Lizzy Owens 49 Soleil Cir Eagle, CO 81631 May 3, 2022 - Page 286 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Support for Booth Heights Date:Tuesday, May 3, 2022 12:49:27 PM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Erik Brofos <brofos@me.com> Sent: Tuesday, May 3, 2022 11:51 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Support for Booth Heights To Vail Town Council Members, I am writing in to show my support for the Booth Heights housing project. As a 57 year local and 46 year employee of Vail Resorts I am well aware of how this town grew as well as it’s current need for employee housing. What I am most disappointed in is the current council reversal of the approvals given to this project several years ago. What has changed? This parcel is as out-of-the-way and low down on the sheep migration path, being next to I 70, as the two recently approved houses to the east of this development. The sheep will adapt as they have over the years to all the other development in the area. I believe there are adequate safeguards being put in to minimize the impact. This parcel should not be the hill we all choose to set an example of but instead used to build wisely our next step to needed employee housing. It’s very important that employees have easy access to their place of work without having to bus from Eagle or Gypsum to get to work in the early morning hours. For the record I have for the last 12 years lived in a Town of Vail EHU and my daughter who was born here currently owns a Eagle County deed restricted housing unit in Edwards. It’s also interesting to note that many of the nay sayers live in or near the neighborhood that this project will be located. I know the value of employee housing and we should build this project. (( )) (( Erik Brofos My apologizes for typos caused by Autocorrect/Siri while replying from my phone in an alpine environment. May 3, 2022 - Page 287 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Do not condem Booth Heights Date:Tuesday, May 3, 2022 12:49:47 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Jake Futerfas <jakefuterfas@mac.com> Sent: Tuesday, May 3, 2022 11:40 AM To: Barry Davis <BDavis@vailgov.com> Cc: Tammy Nagel <TNagel@vailgov.com> Subject: Re: Do not condem Booth Heights Hi Barry, Thank you for responding. I don’t see my email reflected in the Public Comment section for tonight’s agenda topic. I would like to ensure my comments are entered into the public record. Thanks, Jake On May 2, 2022, at 8:53 AM, Barry Davis <BDavis@vailgov.com> wrote: Jake, May 3, 2022 - Page 288 of 498 Thank you for the letter. I appreciate you taking the time and the insight. Barry Davis Get Outlook for iOS From: Jake Futerfas <jakefuterfas@mac.com> Sent: Monday, May 2, 2022 8:23:11 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Do not condem Booth Heights I’m writing regarding my opposition to the condemning of the Booth Heights parcel of land and to support workforce housing on the property. From a purely fiscal standpoint, does the Town of Vail really want a protracted legal and financial fight with Vail Resorts over the amount of money TOV will have to pay VR for their property? Is that really the best look for the town or the best use of the taxpayer’s money? I think not. Workforce housing is needed in Vail for the success of Vail for generations to come. The housing project should continue as approved by the last Town Council and PEC. Jake Futerfas May 3, 2022 - Page 289 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: East vail housing Date:Tuesday, May 3, 2022 12:50:10 PM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Kevin Christian <kevin.c.christian@gmail.com> Sent: Tuesday, May 3, 2022 11:32 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: East vail housing Good Afternoon, Please allow the east vail housing development by Vail Resorts to proceed. The impact to the community of the housing crisis must outweigh the impact to the sheep habitat in this scenario. Kevin Christian Sent from my iPhone May 3, 2022 - Page 290 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:50:31 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: David Ghysels <David.Ghysels.548475007@p2a.co> Sent: Tuesday, May 3, 2022 11:21 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 291 of 498 encourage you to vote NO on condemnation of this property. Regards, David Ghysels 1265 N Frontage Rd W Vail, CO 81657 May 3, 2022 - Page 292 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:50:58 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Chloe Blaskiewicz <Chloe.Blaskiewicz.548474396@p2a.co> Sent: Tuesday, May 3, 2022 11:16 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I’ve lived here for three years and like everyone, I have struggled to find housing and my friends have had difficulties as well. This town is not going to be able to sustain the employee workforce for long at this rate. If the town really wants to maintain the ski mtn town vibe then something needs to be done! I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail May 3, 2022 - Page 293 of 498 has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Regards, Chloe Blaskiewicz 2399 Chamonix Ln Vail, CO 81657 May 3, 2022 - Page 294 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:51:12 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Kelly Liken <Kelly.Liken.548474170@p2a.co> Sent: Tuesday, May 3, 2022 11:14 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 295 of 498 encourage you to vote NO on condemnation of this property. Regards, Kelly Liken 15435 Hwy 6 Santa Fe, TX 77517 May 3, 2022 - Page 296 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:51:28 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Lindsey Schons <Lindsey.Schons.548473568@p2a.co> Sent: Tuesday, May 3, 2022 11:08 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I have lived and worked in Eagle County for 7.5 years. Housing has always been an issue and it seems to just be getting worse. We need housing for the people who make our town the beautiful, tourist destination that it is. We need housing for the restaurant workers, the mountain workers, the hospital workers, etc, or this town will be not be able to function anymore. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail May 3, 2022 - Page 297 of 498 has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Regards, Lindsey Schons 109 Williams St Avon, CO 81620 May 3, 2022 - Page 298 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:51:50 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: John Sumner <John.Sumner.548473423@p2a.co> Sent: Tuesday, May 3, 2022 11:07 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, My name is Jack Sumner. I’ve lived in Vail now for 6 years and have worked in the service industry since being up here. Starting at Mountain Standard, then Matsuhisa, and currently now Sweet Basil. I am working tonight and can’t attend the meeting so I am writing this letter to you all. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the May 3, 2022 - Page 299 of 498 development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Having experienced looking for a new place to live just recently, I know directly how hard it is to live up here and find places to live. We need more workforce housing. Thank you all, Regards, John Sumner 2333 Upper Traverse Way Vail, CO 81657 May 3, 2022 - Page 300 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:52:05 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: James Maguire <James.Maguire.548473072@p2a.co> Sent: Tuesday, May 3, 2022 11:05 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 301 of 498 encourage you to vote NO on condemnation of this property. Regards, James Maguire 301 Boulder St Minturn, CO 81645 May 3, 2022 - Page 302 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:52:20 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: ANDREW CUOMO <ANDREW.CUOMO.548472802@p2a.co> Sent: Tuesday, May 3, 2022 11:03 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, As a Vail Business Owner for over 30 years this project and others like it must move forward. We desperately need employee housing in Vail and around Eagle County. Vail Resorts is trying to be proactive on this problem and we need to support it. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the May 3, 2022 - Page 303 of 498 development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Regards, ANDREW CUOMO 302 Hanson Ranch Rd Vail, CO 81657 May 3, 2022 - Page 304 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Please reconsider Date:Tuesday, May 3, 2022 12:52:38 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: MacKenzie Hanna <mackenzie@craniologie.com> Sent: Tuesday, May 3, 2022 11:00 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Please reconsider Please consider representing all of vail and not just the homeowners association. The business community needs this project to go through. Is this really the best use of resources/money to block this from moving forward? https://coloradosun.com/2022/05/03/vail-resorts-eminent-domain-condemnation-housing/ Thank you. MacKenzie Hanna Craniologie Operations Manager Vail & Beaver Creek May 3, 2022 - Page 305 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:52:53 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Naomi Bockian <Naomi.Bockian.548472361@p2a.co> Sent: Tuesday, May 3, 2022 10:57 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I own a condo in the beautiful town of Vail. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 306 of 498 encourage you to vote NO on condemnation of this property. Regards, Naomi Bockian 300 E Lionshead Cir Vail, CO 81657 May 3, 2022 - Page 307 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:53:09 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Courtney Clark <Courtney.Clark.548471894@p2a.co> Sent: Tuesday, May 3, 2022 10:52 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 308 of 498 encourage you to vote NO on condemnation of this property. Regards, Courtney Clark 1265 N Frontage Rd W Vail, CO 81657 May 3, 2022 - Page 309 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Employee Housing Needed Date:Tuesday, May 3, 2022 12:53:39 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Vail Valley Soccer Club <director@vailsoccer.com> Sent: Tuesday, May 3, 2022 12:49 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: RE: Employee Housing Needed Hello, I am writing to request you add and address employee housing with the Booth Heights project. Below is a list of reasons why it is critical to STOP the condemnation of Booth Heights. As the executive director of the Vail Valley Soccer Club, we find it near impossible to have quality coaches move here. Our current coaches are moving out of the county due to the lack of affordable housing. I also own a restaurant in Avon. We cannot staff the restaurant due to the lack of housing. Restaurant workers, teachers and coaches cannot afford to live here. Our businesses are run by these people. Our children are educated by these people. We are in a state of crisis. Please put our employees and community members first! Thank you for your time and consideration. May 3, 2022 - Page 310 of 498 Kerri Thelen Owner Ein Prosit Vail residents voted to pass 2A last November. Vail residents understand we are in a housing crisis. This winter Vail’s guests experienced a decline in service based on our employee housing crisis. This will continue to decline without more housing. Our community will lose its diversity without residents and neighbors who live and work in Vail. Habitat mitigation is the only way to save the big horn sheep. Condemning Booth Heights does not save the sheep. The herd will continue to be at risk until the habitat above Katsos Ranch Road is mitigated. A development next to I-70 and a bus stop is the best place for housing. Keeping employees in town and on public transportation reduces our carbon footprint. It will reduce pollution, traffic and parking issues. The Colorado Parks and Wildlife continues to issue 3 hunting tags annually for the Big Horn Sheep herd. Why is no one on Town Council condemning this practice? 75% of the original Booth Heights parcel was donated to open space. Vail Resorts and the Town of Vail can work together to find a solution that helps the sheep and helps our current and future working residents. Why is there not compromise? The Town of Vail needs to work with community partners to create solutions to the housing crisis. Declaring war on potential partners is not acceptable. The Town of Vail and Vail Resorts need to work together on habitat mitigation above the Katsos Ranch Road neighborhood. This will save the herd. Collaboration is the solution, not condemnation. Kerri Thelen, MS Executive Director Office (970) 390-7994 www.vailsoccer.com "Developing the Player" May 3, 2022 - Page 311 of 498 May 3, 2022 - Page 312 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 12:53:55 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Mark Gordon <Mark.Gordon.548484106@p2a.co> Sent: Tuesday, May 3, 2022 12:50 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I’m a Vail resident and own two businesses with the town of Vail. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 313 of 498 encourage you to vote NO on condemnation of this property. Regards, Mark Gordon 1768 Alpine Dr Vail, CO 81657 May 3, 2022 - Page 314 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 1:03:39 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Gary Woodworth <Gary.Woodworth.548485196@p2a.co> Sent: Tuesday, May 3, 2022 1:02 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, Workforce housing is an issue that must be addressed, embraced and accepted by all members of our community, regardless the neighborhood. I urge you to not let a few private residences, some built just last year to "close the door" to affordable housing on private property in their neighborhoods. Do not condemn this property. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. May 3, 2022 - Page 315 of 498 Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. Regards, Gary Woodworth PO Box 821 Vail, CO 81658 May 3, 2022 - Page 316 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 1:16:57 PM Attachments:image008.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Mathew Guzzetti <Mathew.Guzzetti.548485600@p2a.co> Sent: Tuesday, May 3, 2022 1:08 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 317 of 498 encourage you to vote NO on condemnation of this property. Regards, Mathew Guzzetti 2637 Arosa Dr Vail, CO 81657 May 3, 2022 - Page 318 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: I SUPPORT EMPLOYEE HOUSING Date:Tuesday, May 3, 2022 2:10:02 PM Attachments:image013.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Sarah Kessler <sarah.kessler@thehythevail.com> Sent: Tuesday, May 3, 2022 1:53 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: I SUPPORT EMPLOYEE HOUSING Hello – I wanted to write and share my support to utilize the East Vail parcel to build affordable housing to drive employment in the valley. I moved here 8 years ago to enjoy the quality of life that the valley has to offer, moved in with 4 other locals and was able to save money while working at the Vail Marriott in events. As I started to move up in my career, I married one of those 4 roommates and we now own two houses in Gypsum and are raising two boys to love this valley as much as my husband and I do. I have watched the housing situation get worse, as many locals have, and not only the impact it has had on staffing at the hotel but also for my husband who owns and operations his own business. My husband and I have done our best to support the local housing crisis by renting out one of our houses to long term local residences at as an affordable rate as we can. May 3, 2022 - Page 319 of 498 This project is so important in allowing people who love the mountains the opportunity to move here and grow their careers while enjoying everything Vail has to offer. I hope the council supports what our community needs and pushes this project forward. Thank you for the consideration and look forward to hearing what the final decision is this evening. May 3, 2022 - Page 320 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 2:10:17 PM Attachments:image013.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Luke Herron <Luke.Herron.548489255@p2a.co> Sent: Tuesday, May 3, 2022 1:52 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I work in Vail in hospitality and have lived in Vail for over 10 years. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 321 of 498 encourage you to vote NO on condemnation of this property. Regards, Luke Herron 5471 E Beaver Creek Blvd Avon, CO 81620 May 3, 2022 - Page 322 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 2:10:33 PM Attachments:image013.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Luca Bruno <Luca.Bruno.548488878@p2a.co> Sent: Tuesday, May 3, 2022 1:47 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 323 of 498 encourage you to vote NO on condemnation of this property. Regards, Luca Bruno 1990 Chamonix Ln Vail, CO 81657 May 3, 2022 - Page 324 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 2:10:50 PM Attachments:image013.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Craig Bonder <Craig.Bonder.548488058@p2a.co> Sent: Tuesday, May 3, 2022 1:39 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, [please describe your relationship to Vail town] I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I May 3, 2022 - Page 325 of 498 encourage you to vote NO on condemnation of this property. Regards, Craig Bonder 701 W Lionshead Cir Vail, CO 81657 May 3, 2022 - Page 326 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vote NO On Housing Condemnation Date:Tuesday, May 3, 2022 2:11:20 PM Attachments:image013.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Mark Herron <Mark.Herron.548488012@p2a.co> Sent: Tuesday, May 3, 2022 1:39 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Vote NO On Housing Condemnation Vail Town Council, I serve as Chairman of the Vail Valley Partnership that represents over 900 businesses. I ask you to vote to approve the Vail Mountain workforce housing project. The Town should not use condemnation (eminent domain) for a parcel that would be developed within zoning guidelines, and has been approved by a prior council and the Eagle County District Court. Government seizure of private lands is an extreme action and should be opposed. The Town of Vail has taken strides to be a good partner in addressing workforce housing issues through the development of projects such as Lions Ridge and Residences at Main Vail and programs such as Vail InDeed. Throwing away this partnership through government overreach is ill-advised and I encourage you to vote NO on condemnation of this property. May 3, 2022 - Page 327 of 498 Regards, Mark Herron PO Box 2767 Edwards, CO 81632 May 3, 2022 - Page 328 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Please Preserve Big Horn Sheep Habitat Date:Tuesday, May 3, 2022 2:13:13 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Gina Grisafi <ginagrisafi@comcast.net> Sent: Tuesday, May 3, 2022 1:33 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Please Preserve Big Horn Sheep Habitat Dear Mayor Langmaid, Mayor Pro Tem Coggin, Mr. Davis, Mr.Foley, Ms. Mason, Mr. Seibert, and Mr. Staufer, I would like to thank the council members voting to condemn the Big Horn Sheep habitat for the benefit it will bring to all inhabitants of Vail. For those of you opposed I ask you to reconsider your opposition and vote for the preservation of this land and the wildlife you will be saving. Thank you Gina Grisafi May 3, 2022 - Page 329 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Please Vote to Preserve the Bighorn Sheep Habitat Date:Tuesday, May 3, 2022 3:07:10 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: L G <lily.c.grisafi@gmail.com> Sent: Tuesday, May 3, 2022 2:16 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Please Vote to Preserve the Bighorn Sheep Habitat Dear Mayor Langmaid, Mayor Pro Tem Coggin, Mr. Davis, Mr.Foley, Ms. Mason, Mr. Seibert, and Mr. Staufer, I write to ask that you please vote to preserve the bighorn sheep habitat in perpetuity. I would like to thank the town council members voting to preserve this habitat. For those who plan to vote against the preservation of the habitat, I ask you to please consider the wildlife you will be saving for our community and for generations to come, and that you change your vote and preserve the habitat. Thank you, Lily May 3, 2022 - Page 330 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: PLEASE Stop and Talk Date:Tuesday, May 3, 2022 3:07:28 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Robert Boselli <bob@obosent.com> Sent: Tuesday, May 3, 2022 2:48 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: PLEASE Stop and Talk Vail Town Council- Thank you for stepping up and representing the Town – committing yourselves to the overall betterment of our community – Thank you! I desperately implore you to Stop & Talk. Stop this public infighting – this obnoxious display of residents bantering and disagreements is NOT necessary. This subject should never have gotten to this point in front of the public. Talk with Vail Resorts – this should have been handled in a meeting room with Vail Resorts, Kirsten Lynch (a Vail Homeowner) and team to work through the options and negotiate an outcome that benefits everyone. This is so NOT Vail – everyone lives here for the beauty, quality of life, restaurants, shopping, adventure, friends, neighbors, etc… Not for fighting with your neighbors. May 3, 2022 - Page 331 of 498 I will NOT be attending tonight!! Tonight should not Happen! Step up as leaders of Vail and take back control of this issue. Yes, we can regain control and request a meeting to handle this opportunity – this is an opportunity if you handle it correctly – it’s called give-and-take and everyone can win – Everyone can Win!! Again, Thank You – I do appreciate each and every one of you – For Vail!! Bob Boselli, Owner Vail Style Covered Bridge Store Vail T-shirt Company Generation Vail Homeowner – West Vail & East Vail May 3, 2022 - Page 332 of 498 From:Robyn Smith To:Tammy Nagel; Stephanie Bibbens Subject:Fwd: Comments on East Vail Workforce Housing Date:Wednesday, May 4, 2022 10:10:14 AM Attachments:image.png image.png image.png PublicComment_SmithR_EastVailHousingDiscrimination.pdf EastVailHousingDiscriminationMap-01.png Hello! I know you had a ton of public comment to include regarding resolution 22 last night. I appreciate your work on putting all of the information together. I noticed my letter and map that I submitted on Thursday April 28th - well in advance of the meeting - were not included in the public comment documents. My introductory email is included on page 15-16, but not the letter or map which was the substance of my comment. I wanted to follow up and make sure they are added to public record (Booth_Heights_Public_Comment.pdf). Both documents are attached again to this email. The original attachments are the best documents to use for clarity and fidelity. However, if you needed them to be in the body of an email instead of an attachment please see below. I thought I followed the public input instructions correctly by emailing publicinput.vailtowncouncil@vailgov.com pursuant to your website. Please let me know if I did something wrong. Thanks! Comments below: April 28th, 2022 Vail Town Council, Please consider my comments prior to voting on a condemnation action for the East Vail Workforce Housing Project. I hope that upon consideration you will vote NO, andallow the housing project to proceed. This is what systemic inequality and housing discrimination looks like. (Please see attachment titled "EastVailHousingDiscriminationMap-01" for high resolution PDF version) Leveraging the full force of local government to systemically exclude and discriminate against a marginalized demographic – and using millions of dollars of taxpayer money to do it – is wrong. It’s prejudice and discriminatory. It’s bad for business. It will not save the bighorn sheep. Please do not vote to condemn 23 acres of private property owned by Vail Resorts in order to prevent the construction of affordable residential employee housing in East Vail. It would be disingenuous to say that this action is necessary to protect East Vail’s bighorn sheep herd. The sheep don’t consult plat maps, and they make no distinction between tourists, homeowners, and employees. The Town of Vail makes those clean distinctions – and the crisp clean lines they form are a textbook example of housing discrimination. Is this decision discriminatory? Discrimination is defined as the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of income, race, age, or sex. The underlying prejudice is the assumption that the human disturbance perpetrated by workforce housing residents demands extraordinary environmental intervention – while the same existing human disturbance perpetrated by current residents, visitors, and students does not warrant the same analysis or action. The actions of individuals in both groups are the same. The impacts of those individuals’ actions are the same. Yet the treatment of individuals differs based on the class they are associated with. That is discrimination. The vehicle of discrimination in this case is exclusionary zoning that keeps affordable housing out of neighborhoods through land use and building code requirements. It’s a legal practice that has been used for decades to keep lower-income people out of wealthy and middle-class neighborhoods. It harms lower-income people by denying them access to education and employment opportunities – and environmental protections – typically found in wealthier neighborhoods. The most proximate and primary beneficiaries of the East Vail Affordable Housing Development will be predominately composed of individuals that have one or more of the characteristics that constitute a marginalized minority in the Vail Valley: · Individuals earning less than 100% of the area median income · Between 18-40 years old · Hourly employees · Persons of color · Immigrant, temporary, or seasonal workers · Employees of Vail Resorts Condemnation, also called eminent domain or simply “a taking,” is the right of a government to seize private property for public use. A municipality typically condemns a piece of property because it is unsafe or hazardous. Denying access to housing to ‘undesirable’ populations by defining their neighborhood as hazardous is textbookredlining, a historical tool used by government and industry to systemically oppress and exclude certain groups. An easy exercise in understanding the motivations for and impacts of redlining can be seen by browsing through the original redlining maps and taking note of the reasons an area was determined to be hazardous Redlined areas were almost universally comprised of “wage earners” and “laborers”. (Reference: Mapping Inequality by the University of Richmond: https://dsl.richmond.edu/panorama/redlining/#loc=12/39.722/-105.043&city=denver-co&area=D8). May 3, 2022 - Page 333 of 498 Unequal Standards & Discriminatory Actions All parties involved agree that the human disturbance-associated impacts on surrounding land is of “paramount concern”. Yet the actions of the Town of Vail to analyze or mitigate human impacts within the bighorn sheep severe winter range are not applied equally and consistently to the existing occupants and projects. “Of paramount concern on this project is prohibiting all recreational use of Town of Vail (TOV) open space to the west, the East Vail parcel Natural Area Preservation Parcel to the east, a National Forest Service lands to the north, some of which are vital to the small bighorn sheep herd”. Environmental Impact Report - EVWHS Development Application (2019) “A May 14, 2018 meeting was held between Vail Resorts and Colorado Parks and Wildlife representatives to discuss the East Vail Workforce Housing project, after the sheep winter range study (Thompson, 2018c) had ended. All biologists agreed that the issue of potential development on the 5.4-acre parcel related to sheepwas not the loss of habitat on the parcel as much as the potential for impacts (i.e., displacement and reduced habitat effectiveness on nearby winter range) fromEast Vail parcel residents recreating in the high-quality sheep winter range below the Booth Creek cliffs and in the NAP area where winter range enhancement is expected.” - Environmental Impact Report - EVWHS Development Application (2019) Examples of Inconsistent Standards and Discriminatory Action The Town of Vail’s own Public Works facility – which is still undergoing a significant expansion project – is located entirely within the very same Bighorn Sheep SevereWinter Range, and is similarly situated next to the very same road as the affordable housing project to be condemned. Vail Mountain School – the entirety of which is located within Bighorn Sheep Severe Winter Range has been in breach of their conditional use permit issued by the Planning and Environmental Commission (PEC) since 2006 by exceeding enrollment limits. This matter was discussed at the April 12, 2021 PEC meeting. There appears to be no consequence for non-compliance. Although there is extensive discussion concerning the traffic impacts to residents. There is no mention of sheep. The impacts of the East Vail Affordable Housing Project have been studied extensively and detailed in the Environmental Impact Report, Wildlife Mitigation Plan, and Booth Heights biologist round table. No assessment or impact mitigation has been required for the 20+ licensed short term rental units, or multimillion dollar luxury housingprojects operating within the same Bighorn Sheep Severe Winter Range. The Town of Vail has taken no action to limit recreational use of the surrounding area by any of the existing occupying class of Booth Falls residents, tourists, or students. The Town has taken action to discourage use of the surrounding area by non-residents by suspending parking and drop off at the Booth Falls Trailhead using Town of Vail public property to limit public access to public land. Two mitigation proposals were commissioned for the affordable housing project. The Wildlife Mitigation Plan for the East Vail Workforce Housing Subdivision and Suggestions for EVWFHS Booth Heights Mitigation Measures are extensive and detailed. Both are strict and imposing on the affordable housing residents. The Town of Vail has taken no action to apply any of the mitigation recommendations to the existing occupying class of “not-at-all affordable housing” residents, short-term rental occupants, or luxury housing developments. All but the first recommendation listed below are within the Town of Vail’s power to enact, if the human impacts to sheep were applied by neighborhood area – and not exclusively to the working class. · Prohibiting access to adjacent public land managed by the US Forest Service. · Installing fencing as physical barrier to restrict and discourage resident use from extending into the important Surrounding Wildlife Areas of Concern · Implement rigorous enforcement and signage to limit access · Ban dogs · Remove small parks and open space to minimize the footprint of the development area and native habitat loss. · Reduce number of housing units · Fund a bighorn sheep movement study · Prohibit bike paths and sidewalks along the frontage road · Schedule dirt work and major construction for summer-time months while also avoiding peregrine falcon conflicts from June 1 to Nov. 15. · Prohibit drones Why is this decision bad for business? Government seizure of private lands is extreme action. The decision undermines the public trust in government. This project was approved by the Planning and Environmental Commission, the Design Review Board, and the Town of Vail. The decision was reaffirmed by the State of Colorado after a lawsuit challenging the legality of the decision was dismissed. Condemnation is an extraordinary step to impose the political will of a slim majority on a 7 member council. There is no overwhelming public mandate or clear benefit to take this action. The decision signals to the private sector that the Town of Vail is not a reliable partner in employee housing development. Even the favored and chosen developers are put through excruciating hoops to get affordable housing projects off the ground in Vail. The East Vail Affordable Housing Project made it through the many processes, and in the final leg is being undermined. The move to vote for condemnation is not indicative of transparency in government - a surprise motion before the video recording of the meeting even began, for an issue not on the agenda, after hours of closed door executive session. The Vail Town Council has a fiduciary responsibility to the taxpayer. There has been no public disclosure of the anticipated cost of this action or the inevitable lengthy litigation that will follow. The swift timing of the action makes it seem unreasonable that the Town of Vail even has a realistic understanding of the cost or the measurable benefits of the investment. Public sentiment is not a reasonable motivation for action if the public is not informed of the cost and consequences of the action. Condemnation would require the Town of Vail to pay fair market value for the land – 23 acres of Vail real estate which is likely to fetch at least 15 to 20 million dollars. The Council should consider, and publicly address the following questions prior to proceeding with a vote to condemn. At minimum, these questions should be answeredwell in advance of a public comment period. · How much will this cost? · What projects will be cut in order to seize this empty lot?o The 2022 budget has $24.9 million for public improvements to be funded from the Capital Projects Fund and the Real Estate Transfer Tax Fund. · What other housing or environmental initiatives could be undertaken for a $15-20 million dollar price tag? · Would an investment of this magnitude in environmental protection efforts have public support if invested elsewhere? · Could these funds be used for additional habitat enhancement and impact mitigation to push the project forward? · Is condemnation the best use of public funds to accomplish the goal of protecting bighorn sheep? What about the Sheep? Each year, Colorado Parks and Wildlife analyzes and publishes population estimates for bighorn sheep by area. Those records are available to the public going back to 2003. Vail’s bighorn sheep fall into unit S02; and that population has been increasing since 2017. The population had been stagnant for a decade following a harsh winter in 2007 that reduced the herd by 60%. May 3, 2022 - Page 334 of 498 Data Source: https://cpw.state.co.us/thingstodo/Pages/Statistics-Rocky-Mountain-Bighorn-Sheep.aspx). The species faced extinction in the early 1900’s and have been the subject of decades of conservation and reintroduction efforts, funded primarily by hunting licenses pursuant to the North American Model of Conservation. Although most populations are now stable and growing, the threats these animals still face are numerous. Habitat loss and fragmentation is a threat to bighorn sheep. The 8 lanes of heavy traffic from the frontage road and I-70, the ski resort, as well as the entire town of Vail all fall within historical summer and winter range for bighorn sheep and several other native species. Every brick laid, every footfall, and every tire track impact wildlife. Human presence is detrimental to both wildlife and habitat. Recreation and tourism within the Town of Vail and the surrounding public lands has greatly impacted much of our large mammal population. While the East Vail Affordable Housing Project will likely increase human presence in the Booth Falls neighborhood – those impacts have been extensively studied and mitigated for. The same cannot be said for existing private development, profit businesses, and current occupants – whose growth is unmonitored, uncapped, and unchecked. Mineral deposits attract and concentrate herds, and also entice them to stay in areas that are detrimental to their health and safety. Congregating animals are susceptible to disease, predation, and overgrazing. CDOT’s mag chloride on I-70 and the Town of Vail salty cinders are without question an attractant to the bighorn sheep – which continue to lick the road regardless of traffic, construction, development, or human presence. The Environmental Impact Report - EVWHS Development Application found some East Vail residents illegally bait sheep with salt blocks and mineral licks on their properties or the surrounding land. There has been no meaningful action from Vail Town Council on this issue. The predominate threat to bighorn sheep is disease transmitted from domestic sheep that are asymptomatic carriers. Pneumonia (https://www.nps.gov/articles/bhs- pneumonia.htm) quickly spreads through bighorn sheep populations and often causes all-age herd die-off, and 100% lamb mortality. The threat is so severe bighorn sheep that are known to come into contact with domestic sheep are killed whenever possible to prevent them from returning to their herds and infecting the others. The East Vail bighorn sheep are well within range of active domestic sheep grazing allotments. There has been no meaningful action from the Vail Town Council on this issue. US Forest Service Range Allotment (https://data.fs.usda.gov/) Please vote no on the condemnation action for the East Vail Workforce Housing Project. Thank you for all that you do. Best, Robyn Smith West Vail Resident, Vail Business Owner, Vail Home Owner, Beneficiary of TOV Residential Housing, Conservationist References: Environmental Impact Report - EVWHS Development Application (2019) Town of Vail: https://www.vailgov.com/government/town-council/council-agendas-meeting- materials Wildlife Mitigation Plan for the East Vail Workforce Housing Subdivision (2019) Town of Vail: https://www.vailgov.com/government/town-council/council-agendas- meeting-materials Suggestions for East Vail Work Force Housing Subdivision (Booth Heights) Mitigation Measures (2019) Town of Vail: https://www.vailgov.com/government/town- council/council-agendas-meeting-materials Town of Vail Short Term Rental Study (2022) Town of Vail: https://www.vailgov.com/government/town-council/council-agendas-meeting-materials May 3, 2022 - Page 335 of 498 Town of Vail PEC Meeting Minutes 4/15/2021. Town of Vail: https://www.vailgov.com/government/town-council/council-agendas-meeting-materials US Forest Service Range Allotment (https://data.fs.usda.gov/) Bighorn sheep population estimates by Colorado Parks and Wildlife: https://cpw.state.co.us/thingstodo/Pages/Statistics-Rocky-Mountain-Bighorn-Sheep.aspx). Bighorn Sheep Pneumonia by National Park Service: https://www.nps.gov/articles/bhs-pneumonia.htm Colorado Parks and Wildlife Species Activity Maps Arcgis (2022): https://cpw.state.co.us/learn/Pages/KMZ-Maps.aspx Ealge County Parcels Arcgis Map Layer; Eagle County GIS Open Data: https://eagle-county-open-data-eaglecounty.opendata.arcgis.com/ Town of Vail General Property & Zoning Interactive Map Application Arcgis Online (2022): https://www.vailgov.com/government/departments/public- works/gis/interactive-maps/interactive-maps Town of Vail News Release (5/26/2021); “Vail Area Hikers Encouraged to Bus it to Hike it”: https://www.vailgov.com/Home/Components/News/News/110/15#:~:text=With%20parking%20restrictions%20to%20address,closed%20for%20the%20summer%20season. ---------- Forwarded message --------- From: Robyn Smith <robyn@embuzi.com> Date: Tue, May 3, 2022 at 11:49 PM Subject: Re: Comments on East Vail Workforce Housing To: <publicinput.vailtowncouncil@vailgov.com> Cc: <towncouncil@vailgov.com> Hi! I noticed my letter and map attached was not included in the public comment file. Please let me know if you are able to conclude it. I sent it last Thursday. Cheers, Robyn Smith Embuzi Phone: 917-596-7618 Email: robyn@embuzi.com www.embuzi.com Sent from my iPhone On Apr 28, 2022, at 16:15, Robyn Smith <robyn@embuzi.com> wrote: Hello, Please consider my attached comments prior to voting on a condemnation action for the East Vail Workforce Housing Project. Please also include these attachments in the Citizen Participation documents for the May 3rd meeting. I hope you will vote NO, and allow the housing project to proceed. Thank you for all that you do. Best, Robyn Smith West Vail Resident, Vail Business Owner, Vail Home Owner, Beneficiary of TOV Residential Housing, Conservationist -- Robyn Smith EMBUZI m:917.596.7618 w:embuzi.com e: robyn@embuzi.com -- Robyn Smith EMBUZI m:917.596.7618 w:embuzi.com e: robyn@embuzi.com May 3, 2022 - Page 336 of 498 Page 1 of 7 April 28th, 2022 Vail Town Council, Please consider my comments prior to voting on a condemnation action for the East Vail Workforce Housing Project. I hope that upon consideration you will vote NO, and allow the housing project to proceed. This is what systemic inequality and housing discrimination looks like. Leveraging the full force of local government to systemically exclude and discriminate against a marginalized demographic – and using millions of dollars of taxpayer money to do it – is wrong. It’s prejudice and discriminatory. It’s bad for business. It will not save the bighorn sheep. Please do not vote to condemn 23 acres of private property owned by Vail Resorts in order to prevent the construction of affordable residential employee housing in East Vail. It would be disingenuous to say that this action is necessary to protect East Vail’s bighorn sheep herd. The sheep don’t consult plat maps, and they make no distinction between tourists, homeowners, and employees. The Town of Vail makes those clean distinctions – and the crisp clean lines they form are a textbook example of housing discrimination. Is this decision discriminatory? Discrimination is defined as the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of income, race, age, or sex. The underlying prejudice is the assumption that the human disturbance perpetrated by workforce housing residents demands extraordinary environmental intervention – while the same existing human disturbance perpetrated by current residents, visitors, and students does not warrant the same analysis May 3, 2022 - Page 337 of 498 Page 2 of 7 or action. The actions of individuals in both groups are the same. The impacts of those individuals’ actions are the same. Yet the treatment of individuals differs based on the class they are associated with. That is discrimination. The vehicle of discrimination in this case is exclusionary zoning that keeps affordable housing out of neighborhoods through land use and building code requirements. It’s a legal practice that has been used for decades to keep lower‐income people out of wealthy and middle‐class neighborhoods. It harms lower‐income people by denying them access to education and employment opportunities – and environmental protections – typically found in wealthier neighborhoods. The most proximate and primary beneficiaries of the East Vail Affordable Housing Development will be predominately composed of individuals that have one or more of the characteristics that constitute a marginalized minority in the Vail Valley: Individuals earning less than 100% of the area median income Between 18‐40 years old Hourly employees Persons of color Immigrant, temporary, or seasonal workers Employees of Vail Resorts Condemnation, also called eminent domain or simply “a taking,” is the right of a government to seize private property for public use. A municipality typically condemns a piece of property because it is unsafe or hazardous. Denying access to housing to ‘undesirable’ populations by defining their neighborhood as hazardous is textbook redlining, a historical tool used by government and industry to systemically oppress and exclude certain groups. An easy exercise in understanding the motivations for and impacts of redlining can be seen by browsing through the original redlining maps and taking note of the reasons an area was determined to be hazardous Redlined areas were almost universally comprised of “wage earners” and “laborers”. (Reference: Mapping Inequality by the University of Richmond: https://dsl.richmond.edu/panorama/redlining/#loc=12/39.722/‐105.043&city=denver‐co&area=D8). Unequal Standards & Discriminatory Actions All parties involved agree that the human disturbance‐associated impacts on surrounding land is of “paramount concern”. Yet the actions of the Town of Vail to analyze or mitigate human impacts within the bighorn sheep severe winter range are not applied equally and consistently to the existing occupants and projects. “Of paramount concern on this project is prohibiting all recreational use of Town of Vail (TOV) open space to the west, the East Vail parcel Natural Area Preservation Parcel to the east, a National Forest Service lands to the north, some of which are vital to the small bighorn sheep herd”. Environmental Impact Report ‐ EVWHS Development Application (2019) May 3, 2022 - Page 338 of 498 Page 3 of 7 “A May 14, 2018 meeting was held between Vail Resorts and Colorado Parks and Wildlife representatives to discuss the East Vail Workforce Housing project, after the sheep winter range study (Thompson, 2018c) had ended. All biologists agreed that the issue of potential development on the 5.4‐acre parcel related to sheep was not the loss of habitat on the parcel as much as the potential for impacts (i.e., displacement and reduced habitat effectiveness on nearby winter range) from East Vail parcel residents recreating in the high‐quality sheep winter range below the Booth Creek cliffs and in the NAP area where winter range enhancement is expected.” ‐ Environmental Impact Report ‐ EVWHS Development Application (2019) Examples of Inconsistent Standards and Discriminatory Action The Town of Vail’s own Public Works facility – which is still undergoing a significant expansion project – is located entirely within the very same Bighorn Sheep Severe Winter Range, and is similarly situated next to the very same road as the affordable housing project to be condemned. Vail Mountain School – the entirety of which is located within Bighorn Sheep Severe Winter Range has been in breach of their conditional use permit issued by the Planning and Environmental Commission (PEC) since 2006 by exceeding enrollment limits. This matter was discussed at the April 12, 2021 PEC meeting. There appears to be no consequence for non‐compliance. Although there is extensive discussion concerning the traffic impacts to residents. There is no mention of sheep. The impacts of the East Vail Affordable Housing Project have been studied extensively and detailed in the Environmental Impact Report, Wildlife Mitigation Plan, and Booth Heights biologist round table. No assessment or impact mitigation has been required for the 20+ licensed short term rental units, or multimillion dollar luxury housing projects operating within the same Bighorn Sheep Severe Winter Range. The Town of Vail has taken no action to limit recreational use of the surrounding area by any of the existing occupying class of Booth Falls residents, tourists, or students. The Town has taken action to discourage use of the surrounding area by non‐residents by suspending parking and drop off at the Booth Falls Trailhead using Town of Vail public property to limit public access to public land. Two mitigation proposals were commissioned for the affordable housing project. The Wildlife Mitigation Plan for the East Vail Workforce Housing Subdivision and Suggestions for EVWFHS Booth Heights Mitigation Measures are extensive and detailed. Both are strict and imposing on the affordable housing residents. The Town of Vail has taken no action to apply any of the mitigation recommendations to the existing occupying class of “not‐at‐all affordable housing” residents, short‐ term rental occupants, or luxury housing developments. All but the first recommendation listed below are within the Town of Vail’s power to enact, if the human impacts to sheep were applied by neighborhood area – and not exclusively to the working class. Prohibiting access to adjacent public land managed by the US Forest Service. Installing fencing as physical barrier to restrict and discourage resident use from extending into the important Surrounding Wildlife Areas of Concern Implement rigorous enforcement and signage to limit access Ban dogs May 3, 2022 - Page 339 of 498 Page 4 of 7 Remove small parks and open space to minimize the footprint of the development area and native habitat loss. Reduce number of housing units Fund a bighorn sheep movement study Prohibit bike paths and sidewalks along the frontage road Schedule dirt work and major construction for summer‐time months while also avoiding peregrine falcon conflicts from June 1 to Nov. 15. Prohibit drones Why is this decision bad for business? Government seizure of private lands is extreme action. The decision undermines the public trust in government. This project was approved by the Planning and Environmental Commission, the Design Review Board, and the Town of Vail. The decision was reaffirmed by the State of Colorado after a lawsuit challenging the legality of the decision was dismissed. Condemnation is an extraordinary step to impose the political will of a slim majority on a 7 member council. There is no overwhelming public mandate or clear benefit to take this action. The decision signals to the private sector that the Town of Vail is not a reliable partner in employee housing development. Even the favored and chosen developers are put through excruciating hoops to get affordable housing projects off the ground in Vail. The East Vail Affordable Housing Project made it through the many processes, and in the final leg is being undermined. The move to vote for condemnation is not indicative of transparency in government ‐ a surprise motion before the video recording of the meeting even began, for an issue not on the agenda, after hours of closed door executive session. The Vail Town Council has a fiduciary responsibility to the taxpayer. There has been no public disclosure of the anticipated cost of this action or the inevitable lengthy litigation that will follow. The swift timing of the action makes it seem unreasonable that the Town of Vail even has a realistic understanding of the cost or the measurable benefits of the investment. Public sentiment is not a reasonable motivation for action if the public is not informed of the cost and consequences of the action. Condemnation would require the Town of Vail to pay fair market value for the land – 23 acres of Vail real estate which is likely to fetch at least 15 to 20 million dollars. The Council should consider, and publicly address the following questions prior to proceeding with a vote to condemn. At minimum, these questions should be answered well in advance of a public comment period. How much will this cost? What projects will be cut in order to seize this empty lot? o The 2022 budget has $24.9 million for public improvements to be funded from the Capital Projects Fund and the Real Estate Transfer Tax Fund. What other housing or environmental initiatives could be undertaken for a $15‐20 million dollar price tag? Would an investment of this magnitude in environmental protection efforts have public support if invested elsewhere? May 3, 2022 - Page 340 of 498 Page 5 of 7 Could these funds be used for additional habitat enhancement and impact mitigation to push the project forward? Is condemnation the best use of public funds to accomplish the goal of protecting bighorn sheep? What about the Sheep? Each year, Colorado Parks and Wildlife analyzes and publishes population estimates for bighorn sheep by area. Those records are available to the public going back to 2003. Vail’s bighorn sheep fall into unit S02; and that population has been increasing since 2017. The population had been stagnant for a decade following a harsh winter in 2007 that reduced the herd by 60%. Data Source: https://cpw.state.co.us/thingstodo/Pages/Statistics‐Rocky‐Mountain‐Bighorn‐Sheep.aspx). The species faced extinction in the early 1900’s and have been the subject of decades of conservation and reintroduction efforts, funded primarily by hunting licenses pursuant to the North American Model of Conservation. Although most populations are now stable and growing, the threats these animals still face are numerous. Habitat loss and fragmentation is a threat to bighorn sheep. The 8 lanes of heavy traffic from the frontage road and I‐70, the ski resort, as well as the entire town of Vail all fall within historical summer and winter range for bighorn sheep and several other native species. Every brick laid, every footfall, and every tire track impact wildlife. 0 20 40 60 80 100 120 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Bighorn Sheep Population Estimate Population Estimate May 3, 2022 - Page 341 of 498 Page 6 of 7 Human presence is detrimental to both wildlife and habitat. Recreation and tourism within the Town of Vail and the surrounding public lands has greatly impacted much of our large mammal population. While the East Vail Affordable Housing Project will likely increase human presence in the Booth Falls neighborhood – those impacts have been extensively studied and mitigated for. The same cannot be said for existing private development, profit businesses, and current occupants – whose growth is unmonitored, uncapped, and unchecked. Mineral deposits attract and concentrate herds, and also entice them to stay in areas that are detrimental to their health and safety. Congregating animals are susceptible to disease, predation, and overgrazing. CDOT’s mag chloride on I‐70 and the Town of Vail salty cinders are without question an attractant to the bighorn sheep – which continue to lick the road regardless of traffic, construction, development, or human presence. The Environmental Impact Report ‐ EVWHS Development Application found some East Vail residents illegally bait sheep with salt blocks and mineral licks on their properties or the surrounding land. There has been no meaningful action from Vail Town Council on this issue. The predominate threat to bighorn sheep is disease transmitted from domestic sheep that are asymptomatic carriers. Pneumonia (https://www.nps.gov/articles/bhs‐pneumonia.htm) quickly spreads through bighorn sheep populations and often causes all‐age herd die‐off, and 100% lamb mortality. The threat is so severe bighorn sheep that are known to come into contact with domestic sheep are killed whenever possible to prevent them from returning to their herds and infecting the others. The East Vail bighorn sheep are well within range of active domestic sheep grazing allotments. There has been no meaningful action from the Vail Town Council on this issue. US Forest Service Range Allotment (https://data.fs.usda.gov/) Please vote no on the condemnation action for the East Vail Workforce Housing Project. Thank you for all that you do. Best, Robyn Smith May 3, 2022 - Page 342 of 498 Page 7 of 7 West Vail Resident, Vail Business Owner, Vail Home Owner, Beneficiary of TOV Residential Housing, Conservationist References: Environmental Impact Report ‐ EVWHS Development Application (2019) Town of Vail: https://www.vailgov.com/government/town‐council/council‐agendas‐meeting‐materials Wildlife Mitigation Plan for the East Vail Workforce Housing Subdivision (2019) Town of Vail: https://www.vailgov.com/government/town‐council/council‐agendas‐meeting‐materials Suggestions for East Vail Work Force Housing Subdivision (Booth Heights) Mitigation Measures (2019) Town of Vail: https://www.vailgov.com/government/town‐council/council‐agendas‐meeting‐materials Town of Vail Short Term Rental Study (2022) Town of Vail: https://www.vailgov.com/government/town‐ council/council‐agendas‐meeting‐materials Town of Vail PEC Meeting Minutes 4/15/2021. Town of Vail: https://www.vailgov.com/government/town‐council/council‐agendas‐meeting‐materials US Forest Service Range Allotment (https://data.fs.usda.gov/) Bighorn sheep population estimates by Colorado Parks and Wildlife: https://cpw.state.co.us/thingstodo/Pages/Statistics‐Rocky‐Mountain‐Bighorn‐Sheep.aspx). Bighorn Sheep Pneumonia by National Park Service: https://www.nps.gov/articles/bhs‐pneumonia.htm Colorado Parks and Wildlife Species Activity Maps Arcgis (2022): https://cpw.state.co.us/learn/Pages/KMZ‐Maps.aspx Ealge County Parcels Arcgis Map Layer; Eagle County GIS Open Data: https://eagle‐county‐open‐data‐ eaglecounty.opendata.arcgis.com/ Town of Vail General Property & Zoning Interactive Map Application Arcgis Online (2022): https://www.vailgov.com/government/departments/public‐works/gis/interactive‐maps/interactive‐ maps Town of Vail News Release (5/26/2021); “Vail Area Hikers Encouraged to Bus it to Hike it”: https://www.vailgov.com/Home/Components/News/News/110/15#:~:text=With%20parking%20restrict ions%20to%20address,closed%20for%20the%20summer%20season. May 3, 2022 - Page 343 of 498 May 3, 2022 - Page 344 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Thank you Date:Wednesday, May 4, 2022 11:04:43 AM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Runblondie49@comcast.net <runblondie49@comcast.net> Sent: Wednesday, May 4, 2022 4:50 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: Thank you Dear Council Members, We would like to offer our sincere thanks for your diligence, patience and professionalism during the May 3, 2022 meeting. Of course, we were pleased with the 4-3 vote but equally important is the environment created by you during a very challenging evening. Madame Mayor, you ran a very civil, inclusive meeting and this was appreciated by the community. You are all part of a promising chapter ahead for the Town of Vail. Many thanks, Blondie and Tom Vucich Sent from my iPad May 3, 2022 - Page 345 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Date:Wednesday, May 4, 2022 11:06:49 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Tom Vucich <vucicht@gmail.com> Sent: Tuesday, May 3, 2022 9:05 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Good Evening , I am not exactly sure why the battle weary debate of developing the Booth Heights parcel is again being discussed. The Residences at Main Vail is now under construction and represents what is referred to as the “Alternative Housing Initiative”….that’s right, “alternative” …..the alternative to Booth Heights. This was the “win win” option the community was asked to support; a win for housing and a win for the Bighorn Sheep. It was a loss for the displaced Children’s Garden of Learning but hopefully a permanent site for them will soon be identified. Many of us in the community squirmed in silence as we entrusted our elected officials and staff to May 3, 2022 - Page 346 of 498 negotiate with Triumph Development and Vail Resorts. The TOV did its best and spent days, weeks and months acting in good faith. We appreciate that. Thank you. The Residences at Main Vail REPLACED the Booth Heights site and is a far superior location. Employees can even walk to work and there are no Bighorn sheep. Win. Win. The only problem is Vail Resorts walked away from negotiations after scoring several winning points for future developments. The January 18, 2021 letter to the TOV was threatening, bullying and not representative of a corporation committed to the environment, sustainability, wildlife or the values of our community. I respect the individuals who are petitioning for more housing and I commend all the county wide efforts to address affordable housing. However, resurrecting Booth Heights is not legitimate. This was an “Alternative Housing Initiative” and the TOV has delivered. Vail Resorts must be held accountable for their reckless and disingenuous actions. There are no remaining options. Please move forward with condemnation and accept the support this community continues to offer. Thank you. Sincerely, Blondie Vucich East Vail May 3, 2022 - Page 347 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Date:Wednesday, May 4, 2022 11:07:05 AM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Tom Vucich <vucicht@gmail.com> Sent: Tuesday, May 3, 2022 9:02 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: I’m encouraging council to continue pursuing condemnation tonight. Many of us in the Vail community were cautiously hopeful for far too long, as many of you on council were, on getting Vail Resorts “back to the table.” The 13-month long negotiations for an alternative site for both Vail Resorts and Triumph Development were hard on this community. Vail Resorts’ disturbing and threatening letter to the town on Jan. 18, 2021 stating they had always intended to develop Booth Heights was the ultimate betrayal to good faith negotiations. That letter was presented to the town just days before council was to approve a predevelopment agreement on The Residences at Main Vail May 3, 2022 - Page 348 of 498 and Timber Ridge. Why was Vail Resorts’ letter so shocking? I would like to give you a few exact quotes from both past and present council members, as well as town staff, which I hope sheds light on why it was. These are all from the Feb. 2nd 2021 council meeting to approve the predevelopment agreement. From Councilmember Jenn Bruno “144 beds is exactly the commitment Vail Resorts needs and this gives us the opportunity to bring Vail Resorts back—we can trade them these rights to make sure nothing is built on the Booth Hts. property.” From Matt Mire, town attorney, “If we get a negotiation accomplished and we get a deal done then these plans and his right to those plans can be permanently extinguished.” From Councilmember Travis Coggin “It seems to me the safest route to extinguish those rights—the fastest way to get there is to get a deal negotiated that defines everything and we move forward.” From Town Manager Scot Robson “We would not have brought this PDA to you with a recommendation for approval with it being drafted in large part by our town attorney and staff if we didn’t feel like there were safety provisions here to get us to the finish line that we’ve all, I think, agreed upon”. Additionally, in a separate email later from George Ruther, the town’s housing director, he states “This whole Alternate Housing Sites Initiative has taken its toll on a lot of people. It is truly unfortunate Vail Resorts opted out of the collaborative partnership we have been attempting to forge. Hang in there though, every step we take forward with CGL, Lot 3, Timber Ridge, preservation of EHU credits and the title to land, lease assignability, etc. makes it easier for Vail Resorts to simply walk back in and take advantage of the opportunity the Town Council is creating. “(end quote) So I hope you can understand how and why so many of us feel misled. Do you honestly think Vail Resorts will come to the table without you pursuing condemnation? What we have today with Ford Park is a reality because a prior council had the vision and fortitude to condemn that land way back in the 70’s. Future generations in Vail, and the bighorn sheep, may not know that you tried in good faith to negotiate with Vail Resorts, but they will know that ultimately you did the right thing and preserved this land. May 3, 2022 - Page 349 of 498 Tom Vucich Vail May 3, 2022 - Page 350 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Employee Housing Project Date:Wednesday, May 4, 2022 11:08:20 AM Attachments:Outlook-oelugmrw.png image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Luke Proffitt <luke.proffitt@thehythevail.com> Sent: Tuesday, May 3, 2022 5:01 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Employee Housing Project Good evening, I am reaching out regarding the proposed employee housing development. As an employer here in Vail, CO, these housing opportunities mean everything to us and our staff. Without the guarantee of housing, we often cannot hire the people that we need to operate. This dramatically impacts our guest experience, and diminishes the overall experience of Vail, CO. Staffing shortages were so incredibly challenging for so many businesses in Vail this year, and more employee housing would go a long way to helping fix this issue. It also means a better quality of life for those that we employee. Long term employment in Vail has become something that most of our staff could never conceive of. It is impossible to May 3, 2022 - Page 351 of 498 imagine yourself settling down in a place that requires you to live multiple people to a single bedroom or have countless roommates that disrupt your privacy. More housing opportunities are critical in making Vail a sustainable choice for employees. If Vail is not a sustainable place to live for those who are its foundation, then it will never be a sustainable place by any metric. This housing opportunity is critical to the longevity of Vail. Without it, we risk ruining the Vail experience not just for employees, but for everyone who visits. Thank you for time, May 3, 2022 - Page 352 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: east vail workforce housing project Date:Wednesday, May 4, 2022 11:08:32 AM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Paige Bolman <paiger.bolman@gmail.com> Sent: Tuesday, May 3, 2022 4:41 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: east vail workforce housing project Hello, i hope this email finds you well. my name is paige bolman. although i am not a resident of vail, co, i am a nurse here at vail heath and have worked here for just over a decade. my husband is a fire fighter at eagle river fire. we make decent money for living up here, and yet attempting to purchase a home of our own, in the community in which we work, is not an option for us. we still live in summit, only because we were able to gain a small foothold there a few years ago. please do not vote to condemn the east vail workforce housing project. i don’t know of a single business in this valley that is fully staffed, and it’s only getting worse. both of our places of employment are struggling with staffing, and my department at vail health is dealing with critical staffing shortages. no one is even applying. the tourism of your town depends on staffing the businesses of vail effectively to provide a “like no place else on earth” experience to the tourists that come here to spend their money. the town of vail must recognize this, and you must act to remedy this problem. i argue that the bighorn sheep are no more threatened by this project then they are by the general mass of humanity that is welcomed here to recreate year-round, or the multi-million dollar homes that litter this valley, yet house no one. please do not vote to condemn that property. thank you for your time. paige bolman May 3, 2022 - Page 353 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: LETTER TO COUNCIL 5.3.22 Date:Wednesday, May 4, 2022 11:08:50 AM Attachments:vail town hall - k.branch.pdf image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Katie Branch <katielbranch@yahoo.com> Sent: Tuesday, May 3, 2022 4:29 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: LETTER TO COUNCIL 5.3.22 Vail Town Hall Tuesday, May 3rd 2022 Affordable Housing: Letter of Petition Katie Branch, valley resident / resort employee The town council ought to stand by its decision to allow the East Vail affordable housing plan to move forward out of duty and service to the vail valley community it represents! As an hourly employee myself I can say that I see the direct impact my job has on bringing in tourist dollars into the valley as visitors are dependent on my and my hotel’s services and the hotel not only brings in tax dollars and employ several people May 3, 2022 - Page 354 of 498 who also pay taxes, but a large part of my job as a concierge is encouraging visitors to spend money at our resorts, restaurants, spas and clubs, and various local businesses! Also as an hourly worker and contributor of this community, I can attest that it is nearly impossible for me to find affordable housing in the Vail Valley or commutable areas - if not for my employee housing arrangement there is absolutely no way myself or anyone could afford to live here while working most any job currently available in the area. Outside of my own experiences, to objectively speak to the need to invest in affordable housing opportunities - it's worth noting that the valley depends on its unique economic system to be a successful, safe, and comfortable home for all of its full and part-time residents… a big part of that system generating prosperity for the valley as a whole are inarguably its hourly and seasonal workers making less than $55k annually (anyone paying average rent in Vail, around $1,500/mo with rent totalling maximum ⅓ of their monthly income would have to make at least $55k annually). The kind cashier that helps you purchase your groceries for your families, the wait staff members that kindly take care of you and create a wonderful dining experience for you, your friends and travelers coming long distances to visit our home, the seasonal resort worker who plays a vital part in keeping people safe on the mountain and improving the reputation of this destination are all at most making $20 or less per hour - often around or less than $40k annually pre-tax! If the town council votes against the affordable housing initiative, it votes against the many members of the community that make vail valley the wonderful place that it is, and chooses to ignore the blatant fact that people who want to work here will not be able to live here very soon, and chooses to ignore how detrimental that would be to all residents and community members! WE need this fully approved housing project NOW and the council is the only thing standing in the way of that. Please do the right thing. May 3, 2022 - Page 355 of 498 Vail Town Hall Tuesday, May 3rd 2022 Affordable Housing: Letter of Petition Katie Branch, valley resident / resort employee The town council ought to stand by its decision to allow the East Vail affordable housing plan to move forward out of duty and service to the vail valley community it represents! As an hourly employee myself I can say that I see the direct impact my job has on bringing in tourist dollars into the valley as visitors are dependent on my and my hotel’s services and the hotel not only brings in tax dollars and employ several people who also pay taxes, but a large part of my job as a concierge is encouraging visitors to spend money at our resorts, restaurants, spas and clubs, and various local businesses! Also as an hourly worker and contributor of this community, I can attest that it is nearly impossible for me to find affordable housing in the Vail Valley or commutable areas - if not for my employee housing arrangement there is absolutely no way myself or anyone could afford to live here while working most any job currently available in the area. Outside of my own experiences, to objectively speak to the need to invest in affordable housing opportunities - it's worth noting that the valley depends on its unique economic system to be a successful, safe, and comfortable home for all of its full and part-time residents… a big part of that system generating prosperity for the valley as a whole are inarguably its hourly and seasonal workers making less than $55k annually (anyone paying average rent in Vail, around $1,500/mo with rent totalling maximum ⅓ of their monthly income would have to make at least $55k annually). The kind cashier that helps you purchase your groceries for your families, the wait staff members that kindly take care of you and create a wonderful dining experience for you, your friends and travelers coming long distances to visit our home, the seasonal resort worker who plays a vital part in keeping people safe on the mountain and improving the reputation of this destination are all at most making $20 or less per hour - often around or less than $40k annually pre-tax! If the town council votes against the affordable housing initiative, it votes against the many members of the community that make vail valley the wonderful place that it is, and chooses to ignore the blatant fact that people who want to work here will not be able to live here very soon, and chooses to ignore how detrimental that would be to all residents and community members! WE need this fully approved housing project NOW and the council is the only thing standing in the way of that. Please do the right thing. May 3, 2022 - Page 356 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: LETTER TO COUNCIL 5.3.22 Date:Wednesday, May 4, 2022 11:09:03 AM Attachments:vail town hall - k.branch.pdf image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Katie Branch <katielbranch@yahoo.com> Sent: Tuesday, May 3, 2022 4:28 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: LETTER TO COUNCIL 5.3.22 Vail Town Hall Tuesday, May 3rd 2022 Affordable Housing: Letter of Petition Katie Branch, valley resident / resort employee The town council ought to stand by its decision to allow the East Vail affordable housing plan to move forward out of duty and service to the vail valley community it represents! As an hourly employee myself I can say that I see the direct impact my job has on bringing in tourist dollars into the valley as visitors are dependent on my and my hotel’s services and the hotel not only brings in tax dollars and employ several people May 3, 2022 - Page 357 of 498 who also pay taxes, but a large part of my job as a concierge is encouraging visitors to spend money at our resorts, restaurants, spas and clubs, and various local businesses! Also as an hourly worker and contributor of this community, I can attest that it is nearly impossible for me to find affordable housing in the Vail Valley or commutable areas - if not for my employee housing arrangement there is absolutely no way myself or anyone could afford to live here while working most any job currently available in the area. Outside of my own experiences, to objectively speak to the need to invest in affordable housing opportunities - it's worth noting that the valley depends on its unique economic system to be a successful, safe, and comfortable home for all of its full and part-time residents… a big part of that system generating prosperity for the valley as a whole are inarguably its hourly and seasonal workers making less than $55k annually (anyone paying average rent in Vail, around $1,500/mo with rent totalling maximum ⅓ of their monthly income would have to make at least $55k annually). The kind cashier that helps you purchase your groceries for your families, the wait staff members that kindly take care of you and create a wonderful dining experience for you, your friends and travelers coming long distances to visit our home, the seasonal resort worker who plays a vital part in keeping people safe on the mountain and improving the reputation of this destination are all at most making $20 or less per hour - often around or less than $40k annually pre-tax! If the town council votes against the affordable housing initiative, it votes against the many members of the community that make vail valley the wonderful place that it is, and chooses to ignore the blatant fact that people who want to work here will not be able to live here very soon, and chooses to ignore how detrimental that would be to all residents and community members! WE need this fully approved housing project NOW and the council is the only thing standing in the way of that. Please do the right thing. May 3, 2022 - Page 358 of 498 Vail Town Hall Tuesday, May 3rd 2022 Affordable Housing: Letter of Petition Katie Branch, valley resident / resort employee The town council ought to stand by its decision to allow the East Vail affordable housing plan to move forward out of duty and service to the vail valley community it represents! As an hourly employee myself I can say that I see the direct impact my job has on bringing in tourist dollars into the valley as visitors are dependent on my and my hotel’s services and the hotel not only brings in tax dollars and employ several people who also pay taxes, but a large part of my job as a concierge is encouraging visitors to spend money at our resorts, restaurants, spas and clubs, and various local businesses! Also as an hourly worker and contributor of this community, I can attest that it is nearly impossible for me to find affordable housing in the Vail Valley or commutable areas - if not for my employee housing arrangement there is absolutely no way myself or anyone could afford to live here while working most any job currently available in the area. Outside of my own experiences, to objectively speak to the need to invest in affordable housing opportunities - it's worth noting that the valley depends on its unique economic system to be a successful, safe, and comfortable home for all of its full and part-time residents… a big part of that system generating prosperity for the valley as a whole are inarguably its hourly and seasonal workers making less than $55k annually (anyone paying average rent in Vail, around $1,500/mo with rent totalling maximum ⅓ of their monthly income would have to make at least $55k annually). The kind cashier that helps you purchase your groceries for your families, the wait staff members that kindly take care of you and create a wonderful dining experience for you, your friends and travelers coming long distances to visit our home, the seasonal resort worker who plays a vital part in keeping people safe on the mountain and improving the reputation of this destination are all at most making $20 or less per hour - often around or less than $40k annually pre-tax! If the town council votes against the affordable housing initiative, it votes against the many members of the community that make vail valley the wonderful place that it is, and chooses to ignore the blatant fact that people who want to work here will not be able to live here very soon, and chooses to ignore how detrimental that would be to all residents and community members! WE need this fully approved housing project NOW and the council is the only thing standing in the way of that. Please do the right thing. May 3, 2022 - Page 359 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Thank you! Date:Wednesday, May 4, 2022 1:28:03 PM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Deborah K Ford <debbiekingford@me.com> Sent: Wednesday, May 4, 2022 1:16 PM To: Council Dist List <TownCouncil@vailgov.com> Cc: Tammy Nagel <TNagel@vailgov.com> Subject: Thank you! Hi Vail Town Council, I want to thank you for all your diligence, hard work, and perseverance in passing the resolution to condemn the Booth Heights parcel. As a majority of you stated last last, it truly is the last option available to bringing VRI to the negotiating table. We all know there are more suitable sites available for housing, and your collaborative efforts will bring about the appropriate solutions. Once again, thank you for all you do on behalf of our community. Debbie King Ford (970) 390-4392 debbiekingford@me.com May 3, 2022 - Page 360 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Booth Heights Date:Wednesday, May 4, 2022 1:28:19 PM Attachments:image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Pati Marsh <captpati@gmail.com> Sent: Wednesday, May 4, 2022 1:09 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Booth Heights I wish to thank the TOV council members who voted to pass resolution 22. In addition, I thank all 7 of the council members for their thoughtful comments regarding the resistance they have faced from Vail Resorts while trying to negotiate various alternative workforce housing options over the past several years. Clearly, VR tried to use their employee base to vilify the current town council. It was quite clear at the May 3 meeting that everyone in attendance is in favor of creating more affordable workforce housing, most especially the Town Council. The negotiating leverage that was sought in voting to explore eminent domain by the council was necessary to encourage VR to come to the table after it became obvious they had no intention to do so. Let’s hope it works. If it doesn’t, I fully support going forward with condemnation so that our herd of Bighorn Sheep will be saved. Pati Marsh Vail homeowner May 3, 2022 - Page 361 of 498 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Condemning Date:Wednesday, May 4, 2022 1:28:50 PM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: mary e. anderson <dezinz@icloud.com> Sent: Wednesday, May 4, 2022 12:55 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Condemning Thank you, you four stalwart Council members, for doing the right thing condemning the land to protect and preserve the longhorn sheep habitat! Mary Ellen Douglas Anderson May 3, 2022 - Page 362 of 498 Geosyntec e> consultants Town Council Town of Vail 75 S. Frontage Road West Vail , CO 81657 May 3, 2022 44 Union Blvd . Suite 620 Lakewood, CO 80228 www.geosyntec .com Subject: Resolution No. 22, Series of 2022, Regarding the Vail Resorts Property Located at 3700 North Frontage Road in Vail Dear Council Members: I am a Project Scientist/Ecologist at Geosyntec with fourteen years of experience in environmental resources management and eleven years specializing in ecological risk assessment and the impacts of development on wildlife species. I also have specific experience relating to bighorn sheep. I 've reviewed the Impact Report that was prepared as part of the development plan for this site as well as the Mitigation Plan put into place relating to it , the Wildlife Monitoring Report that was the basis for the Impact Report, and the Town of Vail 's "Roundtable Summary " that was included in the record at the Planning and Environmental Commission's hearing in 2019 . Based on my review , I have some specific comments and expert opinions to relay relating to the bighorn sheep. Background My job is to work with published scientific data and experts to understand how wildlife may be affected by human activity. I have worked with clients , agency and tribal representatives , and public stakeholders to find solutions that balance the need for sustainable development, clean energy , and contaminated site cleanup with the needs of wildlife. I have worked on a wide range of sites in sensitive environmental areas across the country , but primarily in the Rocky Mountain west. In my work , I have had the opportunity to work with a variety of wildlife species, from bats to large game . From 2013 until 2019 , I worked closely with state and federal agency representatives , private industry , and large game experts on a long-term project evaluating bighorn habitat utilization , diet, and health of bighorn sheep occupying a closed mine site in a neighboring state . Using location data from bighorn sheep that we fitted with GPS-tracking collars , we were able to 2022 OS 03 Batchelder Letter to Town Coun ci l_hrhead docx engineers I scientists I innovators May 3, 2022 - Page 363 of 498 Town Council Town of Vail May 3, 2022 Page 2 understand how these animals use different habitats and how they behave when their movements intersect with human acti vity. I believe that this experience gives me a unique perspective when evaluating the potential impacts of development in the Rocky Mountain bighorn sheep's range. For purposes of the May 3rd Town Council meeting , I have reviewed the multiple reports and mitigation plans prepared in 2018 and 2019 relating to the prior development application submitted to the Town of Vail by Vail Resorts. I have evaluated the reports, and with my education and experience relating to Rocky Mountain bighorn sheep ecology and behavior, I provide my independent and expert opinions about the impacts the proposed development would have on the Gore-Eagles Nest Herd. While I was asked by Vail Resorts to conduct this rev iew and share my opinions , my compensation is in no way tied to my opinions and I do not have any personal or vested interest in this matter. What I am sharing here are my own expert opinions based on my knowledge and expertise relating to bighorn sheep. Habitat Quality First, I think it is important to talk about the current state of the anticipated development, which I'll refer to as the Vail Resorts Property , and its attractiveness to and usability by the Bighorn Sheep. I have read some comments from people who have expressed great concern that because a small portion of the Vail Resorts Property is depicted within the estimated Bighorn Sheep Winter Range , going forward with the deve lopment will somehow result in the Gore-Eagles Nest Herd 's ultimate demise. As an expert ecologist who has done an extensive study on bighorn sheep , I am hopeful that I can provide th is Town Council some comfort in saying that I think these concerns are unfounded for four critical reasons : • First, the Vail Resorts Property is not prime habitat for bighorn sheep . It mostly has dense aspen and tall shrub cover that bighorn sheep tend to avoid because it offers poor visibility to detect their predators. Biologists have also noted that there are abundant fallen trees and woody debris that impede easy movement and is similarly unattractive to bighorn sheep, as they cannot easily evacuate to the safety of steep terrain if they become startled. And, although bighorn sheep eat a wide range of different plants , most of the forage available within the area is not as palatable as elsewhere. engineers I scientists I innovators May 3, 2022 - Page 364 of 498 Town Council Town of Vail May 3, 2022 Page 3 • Second, the Vail Resorts Property does not provide any useful connectivity with other preferable habitat areas or access to any critical resources for the herd except for the grassy right-of-way area along the 1-70 Frontage Road. Because the site is on the outer edge of the herd 's range , developing the site will not block the bighorn sheep from other key habitat areas that the y would prefer. • Third, there are areas adjacent to the de ve lopment to the west that are much more attractive to the bighorn sheep and provide much better habitat. Specifically , the slopes below Booth Creek Cliffs provide lower vegetative cover and steep terrain for safety and more palatable forage. This combination provides a much better and more attractive habitat for bighorn sheep than anything on the Vail Re sorts Property. These areas are important habitat areas that were shown to have much higher utilization by the bighorn sheep in Mr. Thompson 's monitoring report. In the span of 244 days during the winter of 2017-2018 , game cameras on the Vail Resorts Property caught images of bighorn sheep on only four days . During that same period , one camera with a view of the Booth Creek Cliffs caught images of sheep on forty days . • Fourth, the only marginally beneficial area for the bighorn sheep that will be impacted by the development parcel is a narrow grassy strip of land adjacent to the frontage road where the bighorn sheep have been observed in the past and which we sadly know can result in potentially fatal encounters between cars and the sheep. The bighorn sheep are often are drawn to roads during winter where there is easier access to forage and especially if road de-icing salt is present. No one wants to encourage any herds to congregate around streets, especially major highways. Thus , for the safety of both humans and animals , bighorn sheep are already excluded from this area by a temporary fence . And while it is true that any additional development or the addition of people to an area with currently existing wildlife will have an impact on the behavior of any species, it is always important to compare the benefits and drawbacks of leaving the property as-is with those of any proposed development rather than just looking at the development in a vacuum . Along these lines , it is important to remember that both action and inaction can have an impact on wildlife. For example , fire suppression and failing to control overgrown vegetation has already significantly reduced useable area for bighorn sheep. engineers I scientists I innovators May 3, 2022 - Page 365 of 498 Town Council Town of Vail May 3, 2022 Page 4 So as an ecologist whose goal is to study , preserve, and find ways to protect wildlife, it is important for me to always look not just at the impacts of human action on a species , but also the costs of inaction on the species and focus on any potential mitigation measures that can hopefully lead us to a result where both humans and wildlife can be better off. The Mitigation Plan With that goal in mind , I have carefully reviewed the revised mitigation plan put into place by the Town of Vail for this site, Mr. Thompson 's 2019 Impact Report , his 2018 Monitoring Report, and the Roundtable Summary. In my search for materials since those reports were created , I have not seen anything to indicate that there has been a change with respect to the Gore-Eagles Nest Herd which would alter Mr. Thompson 's findings or ultimate conclusions. In my review, it was important to me that the mitigation plan was developed by a certified wildlife biologist who completed an intensive study documenting the behaviors and movements specific to this herd and that his proposed plan was further refined based on recommendations provided by CPW bighorn biologists. Oftentimes mitigation measures are prepared based on general knowledge about a species, without the benefit of a study specific to the actual organisms it is intended to protect. Here, both the developer and the Town had the benefit of a very specific and thorough study that included documentation from trail cameras , a tracking study, and observational data for this site. They also benefitted from specific recommendations provided by the bighorn biologists who know this herd best. From my review of the amended mitigation plan, and the other materials I listed earlier, it is my opinion that the bene fi ts contemplated by the mitigation plan would outweigh the marginal loss of the 4 acres of infrequently utilized foraging area along the frontage road . Specifically, there are several things that stand out to me as particularl y beneficial in the mitigation plan: • The developer will provide $100 ,000 in funds so that any lost foraging area along the frontage road will be replaced with new and enhanced existing foraging areas further away from human development. It is my understanding that there is an intent to vegetate the rockfall berm behind the property. In my opinion, such an enhancement to the sheep's existing preferred foraging habitat would be much safer for the bighorn sheep (and humans) than continuing to allow them to congregate near the road. engineers I scientists I innovators May 3, 2022 - Page 366 of 498 Town Council Town of Vail May 3, 2022 Page 5 • The contemplated enhancements will also encourage the bighorn sheep to congregate in areas away from human development, which is important for their overall survival. In my studies of bighorn sheep, we found that after initial non-aversive encounters , sheep quickly habituated to human activity. Open trash receptacles , de-icing salts , and organic waste tossed by a careless passerby oftentimes encouraged the herd to roam into areas with human presence, even areas where heavy construction equipment was operating. Generall y speaking , habituation to humans is often detrimental to wildlife 's survival. • The design and ongoing control of the Vail Resorts project has been tailored to minimize impacts on wildlife . Specifically , as the owner and operator of this site , Vail Resorts can manage the behaviors of residents through enforceable restrictions : o There are limitations on dogs . o Trash receptacles must be clo sed and inaccessible by wildlife . o No feeding of any wildlife , even using birdfeeders , is allowed. o No human activity can take place outside of the developed parcel -including hiking or off leash pets. I note that the plan contemplates actually installing cameras to monitor and enforce activity around the property. On this point, it is important to point out that a combination of the Town 's prior actions and inaction has already altered the bighorn sheep behavior much more than any proposed development on the Vail Resorts Property. First and foremost , the failure to invest in enhancements along the entire winter bighorn sheep range has resulted in degraded habitat that the sheep would otherwise prefer and has forced the herd closer to development and the frontage road. Further , building out the road itself has created enticing foraging habitat in road rights-of-way and the salt used for de-icing in the winter has further attracted the bighorn sheep to the roads. The Town 's continued approvals of ongoing construction and certain uses ofresidences within the bighorn sheep 's Winter Concentration Habitat (which the Vail Resorts Property does not impact) may have pushed the herd further into marginal habitat areas . The neighboring privately owned residences in particular, which based on my research include a significant number of properties being listed as short-term rentals , are not subject to any of the robust mitigation measures being applied to the Vail Resorts Property. This means that people -some of whom are totally naive to engineers I scientists I innovators May 3, 2022 - Page 367 of 498 Town Council Town of Vail May 3, 2022 Page 6 the impact their behavior may have on the bighorn sheep -are under no restrictions similar to what the residents of the Vail Resorts Property will face. Off-leash pets , off-trail walking, and improperly managed trash in this sensitive area all impact bighorn sheep . In fact , if the Town wants to protect the bighorn sheep herd , it is my opinion that restricting potential human interaction, access , and engagement with the herd in this more central portion of the bighorn sheep winter range would be more impactful. For example, it may make sense to prohibit short-term rentals in the neighborhood to the west. As many permanent residents in similar vacation rental areas can attest, short-term renters can be some of the worst offenders at following local rules , regulations , and even basic courtesies to surrounding neighbors . Unfortunately, in this instance , the neighbors are the bighorn sheep. Finally, another benefit I see in allowing the development to move forward relates to the environmental impacts of employee commutes. As an ecologist, I must consider environmental impacts beyond just the bighorn sheep. At the April 19 , 2022 meeting , several Vail Resorts employees described commutes of forty miles each way. Based on this assumption , the workforce housing project at this location could save up to 11 ,000 miles of car travel each day. If Vail 's workforce could instead walk, bike , take public transit, or even just drive a short distance to their jobs, it would help lower greenhouse gas emissions, improve air quality , decrease traffic , and help lessen the chances of fatal vehicle collisions with wildlife like bighorn sheep. Overall Impressions My review of the materials associated with the entitlement of the Vail Re so rts Property leads me to conclude that that enhancements contemplated by the mitigation plan would outweigh the impact the limited development on that property will ultimatel y have on the bighorn sheep herd in that area. To be clear -I am not saying that in a vacuum all development is good for wildlife -but I am saying that in my rev iew of the studies and the mitigation plan, it is my opinion that the bighorn sheep could benefit from the enhancements required by this mitigation plan and the controls put onto the human activity on the site, which benefits may outweigh an y benefits of leaving the property vacant and forgoing $100 ,000 in funding for studies and enhancements . The proposed actions in the mitigation plan are simple, consistent with our scientific understanding of bighorn sheep ecology, and informed by Mr. Thompson's direct, recent observation of this engineers I scientists I innovators May 3, 2022 - Page 368 of 498 Town Council Town of Vail May 3, 2022 Page 7 specific herd . In particular, prescribed burns , one mitigation action that could be enacted using the $100,000 in conservation funds , would benefit not only the bighorn sheep but also the community, reducing potential fuel for future catas trophic fires that could threaten existing homes in East V ai I. And, in fact , I would suggest to the Town Council that if it really wants to preserve the bighorn sheep herd in this area, the money it would spend on the condemnation process and to acquire the Vail Resorts Property would be much better spent on even more enhancements to the entire bighorn sheep winter range ; or even better y et, on studies of the bighorn sheep 's movements and behavior that could help inform future Town enhancement projects that may benefit this herd . engineers I scientists I innovators Sincerely , Marianne Batchelder Project Scientist/Ecologist May 3, 2022 - Page 369 of 498 Dear Neighbor: Before the close of the 2021-22 school year, we wanted to provide you with an update on our near-term efforts with our students and parents to help solve traffic delays. We increased our communications with our campus community this year, due to safety concerns and feedback we received from you, our neighbors, to ensure those driving to and from Vail Mountain School understood parking ru les during drop-off and pick-up. We have been more closely mon itoring Bald Mountain Road, Manns Ranch Road and Katsos Ranch Road where we have emphasized no parking, stopping or wait ing . We were excited to launch a new VMS Carpool app in February in our attempts to be environmentally responsible and cut down on morn ing drop-off traffic. While the program has only been in effect for a short time, we are very hopeful that with an increasing number of VMS parents utilizing the tool next school year we will see positive impacts being made. The app is a safe and convenient way to form a carpool, bikepool or walkpool. The Vail Police Department has also continued to assist the head of school and additional school staff with their presence in the afternoon during pick-up to ensure smooth traffic flow. While seasonal sport schedules and after-school programming can impact traffic, our presence during pick-up and more and more partic ipants using the carpool app have made a significant difference. This Summer VMS has offered its parking lot to hikers and skiers throughout the year. The Town of Vail has asked us not to open our parking lot to hikers this year in their attempts to get people out of their cars and use the free town buses instead. In addition to complying to this request, for an expected two-four week period, we will be making internal parking lot improvements to further enhance traffic flow once school resumes in the fall. The improvements likely include adding a new exit lane so that there are both left and right turn lanes at the current exit. All that we're currently doing and will do th is summer are first steps in a comprehensive transportation and traffic plan that we continue to develop with the Town of Vail. We continue to welcome your input and ideas . Sincerely, ~lf ?/~· Mike lmperi Head of School \ May 3, 2022 - Page 370 of 498 Members of Gore I Eagle 's Nest Bighorn Sheep Herd enjoy a warm spring day above East Vail on April 11 , 2021 . In partnership with the Town of Vail and Colorado Parks & Wildlife , the sheep were documented with a high-resolution DSLR camera trap triggered by an infrared sensor. This remote technology permits more intimate views of wildlife in context with their native habitat, acting naturally and undisturbed by a human presence . In the summer, this herd of approximately 75 charismatic individuals thrives in the high alpine terrain of the Gore Range. Conversely, their sole winter home is severely restricted to a couple of small, south-facing slopes adjacent to 1-70 in East Vail . Given bighorn sheep are not a pioneering species, this endemic herd has likely endured on these slopes for millennia . Ironically, as their meager winter domain comes under threat from further development, their survival, or demise , can be sealed with the stroke of a pen. Image and Text © Todd Winslow Pierce Eagle ValleyWild . org May 3, 2022 - Page 371 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 9, S eries of 2022, F irst Reading, An Ordinance Correcting Various S ections of Title 12 of the Vail Town Code to Reflect Changes in the State L aw P RE S E NT E R(S ): J ohnathan S pences, Planning Manager AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny Ordinance No. 9, Series of 2022, upon first reading. B AC K G RO UND: During a routine audit, American L egal P ublishing, the Vail Town Code codifier, identified a limited number of instances where the code references to Colorado Revised S tatues are out of date. Ordinance No. 9, Series of 2022 corrects these outdated references. S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 9, Series of 2022 upon first reading. AT TAC H ME N TS: Description Staff Memorandum Attachment A. Draft Ordinance No. 9, Series of 2022 Attachment B. P E C Memorandum April 11, 2022 Attachment C. P E C Results April 11, 2022 May 3, 2022 - Page 372 of 498 TO: Vail Town Council FROM: Community Development Department DATE: May 3, 2022 SUBJECT: First reading of Ordinance No. 9, Series of 2022, an ordinance for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Title 12 Zoning Regulations, Vail Town Code to correct out of date references and setting forth details in regard thereto. (PEC22-0003) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The Community Development Department is proposing to update the Vail Town Code to correct out of date references identified by an audit performed by the code company. These updates are meant to reflect changes in state law (Colorado Revised Statues) and are not substantive in nature. The Planning and Environmental Commission held a public hearing on the proposed Prescribed Regulation Amendment on April 11, 2022 and recommended approval unanimously. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2022, upon first reading. III. DESCRIPTION OF REQUEST Please see the draft ordinance prepared by the Town’s legal staff included as Attachment A for an understanding of the limited scope of the changes to Title 12 of The Vail Town Code to correct out of date references. May 3, 2022 - Page 373 of 498 Town of Vail Page 2 IV. BACKGROUND During a routine audit, American Legal Publishing, the Vail Town Code codifier, identified a limited number of instances where the code references to Colorado Revised Statues are out of date. Ordinance No. 9, Series of 2022 corrects these outdated references. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 9, Series of 2022, upon first reading, the Community Development Department recommends the Council pass the following motion: “The Vail Town Council approves, on first reading, Ordinance No. 9, Series of 2022, an ordinance amending Title 12 of the Vail Town Code to correct out of date references and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 9 Series of 2022, the Community Development Department recommends the Council make the following findings: “The Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VI. ATTACHMENTS A. Ordinance No. 9, Series of 2022 B. Staff Memorandum to PEC, April 11, 2022 C. PEC Minutes, April 11, 2022 May 3, 2022 - Page 374 of 498 1 4/18/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX ORDINANCE NO. 9 SERIES 2022 AN ORDINANCE CORRECTING VARIOUS SECTIONS OF TITLE 12 OF THE VAIL TOWN CODE TO REFLECT CHANGES IN STATE LAW WHEREAS, the Town seeks to maintain an accurate municipal code, substantive changes were made to various Title 12 zoning regulations; and WHERAS, the Town wishes to have accurate guidelines regarding geologically sensitive areas and development. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as follows: 12-2-2: DEFINITIONS OF WORDS AND TERMS: For purposes of this Title, the following terms shall have the following meanings: When used in this title, the words and phrases contained in this title shall have the specific meanings as defined in this section. * * * FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the State of Colorado Real Estate Commission pursuant to Colorado Revised Statutes 12-61-401 et seq., C.R.S. § 12-10-501, et seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a fractional fee club unit shall provide to the staff of the Department of Community Development a copy of the application or request for exemption filed with the State of Colorado Real Estate Commission and/or evidence of approval of the application or request for exemption. * * * Section 2. Section 12-21-2 of the Vail Town Code is hereby amended as follows: 12-21-2: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings words contained in this section are defined as follows: May 3, 2022 - Page 375 of 498 2 4/18/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX * * * START OF CONSTRUCTION (for other than new construction or Substantial Improvements Under The Coastal Barrier Resources Act (Pub. L. No. 97-348 16 U.S.C. § 3501, et seq.)): Includes Ssubstantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means: either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings; the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include: land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include or the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. * * * Section 3. Section 12-21-13.B.1 of the Vail Town Code is hereby amended as follows: 12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: * * * B. Investigation: 1. In any area located within the boundaries of the Lincoln DeVore map, or in any area identified as a debris flow or debris avalanche area by the Mears map, or in any area identified as a rockfall area by the Schmueser map, no initial application for a building permit, grading permit or major or minor subdivision shall be approved until a site specific geologic investigation is complete. For the purposes of this Section, a site specific geologic investigation shall be deemed a detailed geologic investigation which is applicable to each respective site. All reports and studies required by this Section shall be prepared by a "professional geologist", as defined by Colorado Revised Statutes section 34-1-01 C.R.S. § 23-41-208, as amended, or a "registered professional engineer", as defined by Colorado Revised Statutes section 12-25-102 C.R.S. § 12-120-202, as amended, May 3, 2022 - Page 376 of 498 3 4/18/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX under the direction of and at the expense of the owner/applicant and submitted to the Department of Community Development. * * * Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2022 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor May 3, 2022 - Page 377 of 498 4 4/18/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX ATTEST: ____________________________ Tammy Nagel, Town Clerk May 3, 2022 - Page 378 of 498 TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 11, 2022 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 14, Development Standards, Vail Town Code, Title 12 Zoning Regulations, Vail Town Code, and Title 11, Sign Regulations, Vail Town Code to correct out of date references and setting forth details in regard thereto. (PEC22-0003) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The Community Development Department is proposing to update the Vail Town Code to correct out of date references identified by an audit performed by the code company. These updates are meant to reflect changes in state law (Colorado Revised Statues) and are not substantive in nature. II. DESCRIPTION OF REQUEST The Community Development Department is requesting that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for amendments to Sections 12, pursuant to Section 12-3-7, Amendment, Vail Town Code, to correct out of date references. These out of date references to Colorado Revised Statutes were discovered by a routine audit performed by the code company. III. PROPOSED TEXT AMENDMENT LANGUAGE Please see the draft ordinance prepared by the Town’s legal staff included as Attachment A for an understanding of the limited scope of the changes. May 3, 2022 - Page 379 of 498 Town of Vail Page 2 IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board (DRB) has no review authority over a text amendment to the Vail Town Code. The DRB held three separate work sessions to review the proposed text amendment. The board is supportive of the language submitted to the PEC for their review. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: May 3, 2022 - Page 380 of 498 Town of Vail Page 3 A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. VI. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. May 3, 2022 - Page 381 of 498 Town of Vail Page 4 VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for “promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality”. This text amendment is intended to address minor changes in state law and out of date references in order to maintain an accurate municipal code. Staff finds that the proposed text amendment meets this criterion. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment will update the Town Code to reflect changes to state law and the references thereto. The changes will not have bearing on development objectives of the Town of Vail. Staff finds that the proposed text amendment meets this criterion. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The proposed text changes are the result of changes made to Colorado Revised Statues which the code, at times, references. The amendments bring the code up to date with applicable statutes. Staff finds that this criterion is not applicable. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendments will have no effect on the town’s land use regulations or their effectiveness thereof. Staff finds that this criterion is not applicable. May 3, 2022 - Page 382 of 498 Town of Vail Page 5 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should the PEC and/or council determine other factors or criteria applicable to the proposed text amendments. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for prescribed regulations amendments to Title 12 Zoning Regulations, Vail Town Code, to correct out of date references and setting forth details in regard thereto. (PEC22-0003).” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of Section VII of the April 11, 2022 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established May 3, 2022 - Page 383 of 498 Town of Vail Page 6 character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Draft Ordinance correcting various sections of Title 12. May 3, 2022 - Page 384 of 498 Gillette clarifies that it will be in front of the board anyways. Lipnick asks what the current requirement for landscaping on site is. Spence says it varies by zone district, 60% of lot area is a common figure in many of the low residential districts. There is no public comment. Brian Gillette moved to forward a recommendation of approval. Reid Phillips seconded the motion and it passed (7-0). 2.6.A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 14, Development Standards, Vail Town Code, Title 12 Zoning Regulations, Vail Town Code, and Title 11, Sign Regulations, Vail Town Code to correct out of date references and setting forth details in regard thereto. (P E C22-0003) 10 min. Applicant:Town of Vail Planner:J onathan Spence Spence introduces the proposal. Rediker asks about the Titles being impacted. Spence says the changes will only be to Title 12. No public comment. Brian Gillette moved to forward a recommendation of approval. Karen Perez seconded the motion and it passed (7-0). 3.Approval of Minutes 3.1.March 28, 2022 P E C Results Reid Phillips moved to approve. Brian Gillette seconded the motion and it passed (3-0). Abstain:(4)Rediker, J ensen, Lipnick, Perez 4.Adjournment Karen Perez moved to adjourn. Henry Pratt seconded the motion and it passed (7-0). The applications and information about the proposals are available for public inspec tion during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department May 3, 2022 - Page 385 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 10, Series of 2022, An Ordinance A mending S ection 6-3D-4.a.4. of the Vail Town Code, Regarding Harassment P RE S E NT E R(S ): Matt Mire, Town Attorney AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance No. 10, S eries of 2022. B AC K G RO UND: The Colorado Supreme Court's recent decision in P eople v. Moreno, 22 C O 15 (2022) held that certain language in the state harassment statute, C.R.S . § 18-9-111(1)(e), was an impermissible restriction on free speech. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Ordinance No. 10, S eries of 2022. AT TAC H ME N TS: Description Ordinance 10, Series 2022 May 3, 2022 - Page 386 of 498 4/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\HARASSMENT UPDATE-O041222.DOCX ORDINANCE NO. 10 SERIES 2022 AN ORDINANCE AMENDING SECTION 6-3D-4.A.4. OF THE VAIL TOWN CODE, REGARDING HARASSMENT WHEREAS, the Colorado Supreme Court's recent decision in People v. Moreno, 22 CO 15 (2022) held that certain language in the state harassment statute, C.R.S. § 18- 9-111(1)(e), was an impermissible restriction on free speech; and WHEREAS, Vail Town Code § 6-3D-4.A.4. contains substantially similar language to C.R.S. § 18-9-111(1)(e). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6-3D-4.A.4. of the Vail Town Code is hereby amended to read as follows: 6-3D-4: DISTURBING THE PEACE: A. Harassment: It is unlawful for a person to intentionally harass, annoy or alarm another person by: * * * 4. Initiating communication with a person in any medium, anonymously or otherwise, in a manner intended to threaten bodily injury or property damage, or make any any comment, request, suggestion, or proposal that is obscene; or * * * Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision May 3, 2022 - Page 387 of 498 2 4/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\HARASSMENT UPDATE-O041222.DOCX amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2022 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk May 3, 2022 - Page 388 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: An appeal, pursuant to Section 12-3-3, A ppeals, Vail Town Code, of a Condition of Approval for D R B 22-0035, a residential project located at 3070 Booth Creek Drive. P RE S E NT E R(S ): J onathan S pence, Planning Manager AC T IO N RE Q UE S T E D O F C O UNC I L: Uphold, overturn, or overturn with modifications, the Design Review B oard’s March 2, 2022 decision. B AC K G RO UND: The applicant, Reggie D. Delponte Residence Trust No. 1 & No. 2, represented by Shepherd Resources I nc. A I A , requested the review of an addition to an existing single family home before Design Review Board, pursuant to Section 12-11-3, Vail Town Code, located at 3070 B ooth Creek Drive. The Design Review Board, at its March 2, 2022 meeting, by a vote of 5-0, approved the project with the noted condition S TAF F RE C O M M E ND AT IO N: Uphold, overturn, or overturn with modifications, the Design Review B oard’s March 2, 2022 decision. AT TAC H ME N TS: Description Staff Memorandum Attachment A. Appeal Memo, Alderman Bernstein, March 9, 2022 Attachment B. Appeal Application, March 7, 2022 attachment C. Response to Appeal memo, Hoffman, Parker, W ilson and Carberry, P.C. March 15, 2022 May 3, 2022 - Page 389 of 498 TO: Vail Town Council FROM: Community Development Department DATE: May 3, 2022 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of a Condition of Approval for DRB22-0035, a residential project located at 3070 Booth Creek Drive, Vail Village Filing No. 11, Block 3, Lot 7, and setting forth details in regards thereto. (TC22-0002) Appellant: Delponte Residence Trust No. 1 and No. 2 represented by Alderman Bernstein Planner: Jonathan Spence I. SUBJECT PROPERTY The subject property is located at 3070 Booth Creek Drive, Vail Village Filing No. 11, Block 3, Lot 7, as shown on the image below: May 3, 2022 - Page 390 of 498 Town of Vail Page 2 4/5/2022 II. VAIL TOWN COUNCIL JURISDICTION Pursuant to Section 12-3-3C-1 Vail Town Code, the Town Council must hear and decide appeals from any decision, determination or interpretation by the planning and environmental commission or the design review board or the art in public places board with respect to the provisions of this title and the standards and procedures hereinafter set forth. III. PROCEDURAL CRITERIA FOR APPEALS Pursuant to Sections 12-3-3C-2 and 12-3-3C-3, Vail Town Code, there are three basic procedural criteria for an appeal: A) Standing of the Appellants Pursuant to Section 12-3-3, Vail Town Code and the determinations made by the Community Development Director, the appellants have standing as aggrieved or adversely affected persons. B) Adequacy of the Notice of the Appeal A copy of the Public Notice of the Vail Town Council, April 5, 2022, Public Hearing was mailed to adjacent property owners and sent to the local newspaper on March 15, 2022, and published in the Vail Daily on March 18, 2022, pursuant to Section 12-3-3C-3, Vail Town Code. C) Timeliness of the Notice of Appeal Section 12-3-3C-3 of the Vail Town Code requires appeals to be filed within twenty (20) days of the decision being appealed. On March 7, 2022, the appellant filed their appeal. IV. SUMMARY The question to be answered by the Vail Town Council regarding this appeal is: Whether the March 2, 2022 decision of the Design Review Board to approve, with one condition, should be upheld, overturned, or overturned with modifications. The condition subject to this appeal reads as follows: 1. Prior to submitting for a building permit, the applicant shall cause to be removed all existing private improvements, including sod, located on Vail Village Filing 11, Tract C. Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council must uphold, overturn, or overturn with modifications the Design Review Board’s March 2, 2022, decision. V. BACKGROUND May 3, 2022 - Page 391 of 498 Town of Vail Page 3 4/5/2022 The applicant, Reggie D. Delponte Residence Trust No. 1 & No. 2, represented by Shepherd Resources Inc. AIA, requested the review of an addition to an existing single family home before Design Review Board, pursuant to Section 12-11-3, Vail Town Code, located at 3070 Booth Creek Drive. The Design Review Board, at its March 2, 2022 meeting, by a vote of 5-0, approved the project with the noted condition. VI. REQUIRED ACTION The Vail Town Council must uphold, overturn, or overturn with modifications, the Design Review Board’s March 2, 2022 decision. The Town Council must act by motion, with such motion to be approved by a majority of those present. Should the Vail Town Council choose to uphold the decision, the following motion is recommended: “I move that the Town Council uphold the March 2, 2022 decision of the Design Review Board, finding the DRB properly determined that the application for an addition located at 3070 Booth Creek Drive complies with Title 14, Chapter 10, Vail Town Code with the noted condition of approval.” Should the Vail Town Council choose to overturn, or overturn with modifications, the decision of the Design Review Board, the following motion is recommended: “I move that the Town Council overturn the March 2, 2022 decision of the Design Review Board, finding the DRB improperly determined that the application for an addition located at 3070 Booth Creek Drive complies with Title 14, Chapter 10, Vail Town Code with the noted condition of approval.” VII. ATTACHMENTS A. Appeal Memo, Alderman Bernstein, March 9, 2022 B. Appeal Application, March 7, 2022 C. Response to Appeal memo, Hoffman, Parker, Wilson and Carberry, P.C. March 15, 2022 May 3, 2022 - Page 392 of 498 Amanda A. Bradley aab@ablawcolorado.com 720.460.4206 March 9, 2022 Town Council Via email: towncouncil@vailgov.com Town of Vail 75 S. Frontage Road West Vail, CO 81657 Matt Mire, Esq. Via email: jmm@hpwclaw.com Attorney, Town of Vail Re: 3070 Booth Creek Drive (“Property”) Dear Vail Town Council and Mr. Mire: Our firm represents the Reggie D. Delponte Trust No. 1 and the Reggie D. Delponte Trust No. 2 (collectively, “Delponte”), owners of the referenced Property. Delponte applied with the Town of Vail Design Review Board (“DRB”) on February 7, 2022, for approval of the addition of a second level above certain portions of the existing footprint of the residence located at the Property. Delponte’s architect attended a pre-planning meeting on September 16, 2021, to discuss the proposed project. On September 17, 2021, the DRB advised that it could not accept applications for the Property “due to pending legal issues.” That decision was reversed after consulting the Town’s legal counsel and the DRB advised that there were no impediments that would prevent Delponte from applying for approval of the project. Thereafter, the DRB unanimously approved the application on March 2, 2022, however, the day of the approval, a condition was placed upon obtaining a building permit for the project: Prior to submitting for a building permit, the applicant shall cause to be removed all existing private improvements, including sod, located on Vail Village Filing No. 11, Tract C. This condition was never discussed in any prior meeting or discussions with Delponte’s architect and, more importantly, is not a condition of approval of a building permit under the Town’s code. When we first learned of the condition imposed on the morning of March 2, 2022, May 3, 2022 - Page 393 of 498 Town Council Matt Mire, Esq. Page 2 Wendell Porterfield, on behalf of Delponte, wrote a letter to Mr. Mire asking for the basis upon which the condition was imposed and requested a response prior to the DRB meeting that day. Mr. Mire did not respond, and still has not responded, to that letter. Colorado law prohibits this type of discretionary condition on the approval of a proposed project: No local government shall impose any discretionary condition upon a land-use approval unless the condition is based upon duly adopted standards that are sufficiently specific to ensure that the condition is imposed in a rational and consistent manner. C.R.S. § 29-20-203(2).1 As noted above, the DRB’s condition of removing landscaping, including sod, from a 37-acre tract of land owned by the Town is not an adopted standard and is not at all related to the Delponte project. The proposed work does not increase the footprint of the building in any way, nor does it impact any portion of Tract C. Furthermore, the condition requires Delponte to remove landscaping, including sod, from property owned by the Town of Vail and utilized by other owners of property adjacent to Tract C. Requiring Delponte to guess what improvements in Tract C are private, then remove those improvements – including removal of sod, thereby leaving 37-acres of exposed dirt – subjects Delponte to violations of a host of other laws, including trespass, nuisance, vandalism, theft, and many more. Furthermore, even if removal of all existing improvements was permissible, it is impossible to remove landscaping and sod given the several feet of snow covering Tract C and the frozen ground. That factor physically prohibits Delponte from complying with the condition. It is our belief that the discretionary condition was imposed in retaliation for Delponte’s position taken in the case captioned Town of Vail v. Town of Vail, District Court, Eagle County, Colorado, Case No. 2021CV30084, which was dismissed by the Court one week prior to the DRB decision. In that case, just as in previous cases between the Town and Delponte of which you are likely aware, the Town sought to extinguish Delponte’s recorded interest in a portion of Tract C adjacent to the Property. The DRB’s discretionary condition in this instance is an arbitrary attempt to circumvent the Town’s failed efforts to force Delponte’s removal of private improvements in Tract C. 1 The DRB’s actions may also constitute a requirement to provide services to the Town in the form of landscape removal on Tract C in violation of C.R.S. § 29-20-203(1). May 3, 2022 - Page 394 of 498 Town Council Matt Mire, Esq. Page 3 On behalf of Delponte, we have initiated a formal appeal of the DRB decision, which is scheduled for consideration at the April 5, 2022, Town Council meeting. Should the DRB decision be upheld, we will pursue all legal remedies pursuant to C.R.S. § 29-20-204. Specifically, we believe the DRB’s actions constitute an unlawful exaction of property in contradiction of state and federal property laws, including violation of the 5th Amendment takings clause. See 42 U.S.C. § 1983. The discretionary condition in this instance is wholly unrelated in nature or extent to the Delponte project and, therefore, is a compensable taking. See Nollan v. California Coastal Comm’n, 483 U.S. 825, 107 S.Ct. 3141 (1987); Dolan v. City of Tigard, 512 U.S. 374, 114 S. Ct. 2309 (1994); and Koontz v. St. Johns River Water Management District, 133 S. Ct. 2586, 2594-95 (2013) (Nollan and Dolan prevent the government from engaging in extortion by leveraging “its legitimate interest in mitigation to pursue governmental ends that lack an essential nexus and rough proportionality to those impacts.”). Such claims can now be brought directly in federal court. See Knick v. Twp. of Scott, Penn., 139 S.Ct. 2162 (2019). It also is apparent to us that the DRB’s actions have exceeded its jurisdiction and abused its discretion and, therefore, are actionable under Colorado law. C.R.C.P. 106. In connection with these claims, we will pursue all damages available by law, including recovery of attorney fees. 42 U.S.C. § 1988. The building permit is scheduled to be obtained in early April and work is scheduled to begin shortly thereafter. The DRB’s imposed conditions threaten the construction timeline and the resulting delays will be extremely costly to Delponte. The Town’s intentional interference with Delponte’s project raises additional legal claims. It is our preference to avoid these delays and possible litigation concerning the DRB condition. That said, we ask that you advise the DRB to immediately remove the illegal condition upon obtaining a building permit and allow the approved project to proceed as approved. We request that you include this letter in the Town Council packet for the April 5, 2022, Town Council meeting as an attachment to the formal appeal of the DRB’s decision. If you would like to schedule a call to discuss this matter, let us know. Otherwise, we look forward to your response. Sincerely, ALDERMAN BERNSTEIN LLC Amanda A. Bradley cc: Mr. Reg D. Delponte Wendell Porterfield, Esq. Carrie Bernstein, Esq. May 3, 2022 - Page 395 of 498 PLANNING MANAGEMENT Planning Management (TC22- 0002) Attached Planning (1) Contacts (2) Properties (1) Inspections (1) Documents (0) Tagged Cases (0) Activities (7) Add Tag PROJECT Project Name:Delponte Residence Addition 2022 Goto Case Name:Appeal to TC PROPERTY INFORMATION Properties:Primary: 3070 BOOTH CREEK DR (210102304005) INFORMATION Status:Created Case #:TC22-0002 Submittal Date:03/07/2022 Case Type:Town Council (TC) Issued Date:Permit Subcases :Appeal Online Authentication Code: Date Closed: Description Of Work: This appeal is submitted on behalf of the property owners, Reggie D. Delponte Residence Trust No. 1 & Reggie D. Delponte Trust No. 2. DRB approved the application for an addition to the existing footprint of the residence with a last minute condition that "Prior to submitting for a building permit, the applicant shall cause to be removed all existing private improvements, including sod, located on Vail Village Filing No. 11, Tract C." This discretionary condition is illegal. For example, C.R.S. 29-20-203(2), "No local government shall impose any discretionary condition upon a land- use approval unless the condition is based upon duly adopted standards that are sufficiently specific to ensure that the condition is imposed in a rational and consistent manner." The condition imposed is not an adopted standard, is wholly unrelated to the project, and requires the applicant to remove all improvements, including sod, from Tract C which is 37+ acres in size in violation of various other laws. ADDITIONAL INFORMATION Case Type: Town Council (TC) Subcases: Appeal Start Date: 03/07/2022 Status: Created Issued Date: Case #: DRB22-0035 Permit #: Permit Type: Design Review Board (DRB) Subcase: Addition Address: 3070 BOOTH CREEK DR (210102304005) Applicant: S I ( Shepherd Resources Inc / AIA ) Status: Approved Property Owner Applicant REGGIE D. DELPONTE RESIDENCE TRUST NO. 1 - REGGIE D. DELPONTE RESIDENCE TRUST NO. 2 Email: EDIT Amanda Bradley ( Alderman Bernstein ) 101 University Blvd. 350 Denver, CO 80206 Email: aab@ablawcolorado.com EDIT [210102304005] 3070 BOOTH CREEK DR TOV Block 3 Zoning Two-Family Residential Land Use Designation Low Density Residential Legal Subdivision VAIL VILLAGE FILING 11 Lot #7 Lot Area 15,028.53 TOV Subdivision VAIL VILLAGE FILING 11 Transportation Core Area No Site Visit Date: Status: Unscheduled Inspector: Results: Uninspected There are no Documents at this time. There are no Tagged Cases at this time. Web Application Approved. Shelley Bellm has approved web application WEB-487898 09:08:54 AM / Mon, Mar 7th, 2022 Shelley Bellm View May 3, 2022 - Page 396 of 498 PARCEL DATA Two-Family Residential Low Density Residential VAIL VILLAGE FILING 11 3 15,028.53 7 No PROJECT CRITERIA *Design Review Board Planning 03/02/2022 Yes No Electronic Jonathan Spence CONDITIONS MEETING INFORMATION 1 MEETING 1 TC 04/05/2022 Zoning:Land Use: Subdivision:Legal Subdivision: Block:Lot Area: Lot #:Transportation Core Area: Accommodation Unit: Decision Being Appealed: Route To: Date of Decision:Does this appeal involve a specific parcel of land: Are you an Adjacent Property Owner: Submittal Type: Planner: Number of Conditions: Number of Meetings: Meeting:Decision: Motion:Second: Vote:Date: Planning Management Case Updated. Shelley Bellm has updated planning management case #WEB-487898. 09:08:43 AM / Mon, Mar 7th, 2022 Shelley Bellm Project Changed. sbellm has moved this case to the Project Delponte Residence Addition 2022. 09:08:38 AM / Mon, Mar 7th, 2022 Shelley Bellm Planning Management Case Updated. Shelley Bellm has updated planning management case #WEB-487898. 09:05:40 AM / Mon, Mar 7th, 2022 Shelley Bellm Project Changed. sbellm has moved this case to the Project Delponte Residence Addition 2022. 09:05:36 AM / Mon, Mar 7th, 2022 Shelley Bellm Show all 7 Activities May 3, 2022 - Page 397 of 498 3/15/2022 Q:\USERS\VAIL\DELPONTE\CORR\BRADLEY-L031522.DOCX Corey Y. Hoffmann Kendra L. Carberry Jefferson H. Parker M. Patrick Wilson Of Counsel J. Matthew Mire Hilary M. Graham Kathryn M. Sellars 511 16th Street, Suite 610 Denver, CO 80202-4260 (303) 825-6444 Daniel P. Harvey Ruthanne H. Goff Katharine J. Vera Elizabeth G. LeBuhn Austin P. Flanagan March 15, 2022 Amanda A. Bradley, Esq. Alderman Bernstein 101 University Blvd., #350 Denver, CO 80206 via email to: aab@ablawcolorado.com Re: Letter to the Town of Vail dated March 9, 2022 Dear Ms. Bradley: As you know, our firm represents the Town of Vail, and I write in response to the above- referenced letter to the Vail Town Council and the Town Attorney, Matt Mire. First, we understand that you have initiated a formal appeal of the decision of the Design Review Board (the "DRB"), on behalf of your client Reggie D. Delponte. Because the appeal is pending, we are reluctant to comment on this matter. However, because your letter threatens litigation, we felt that an immediate response was required. Second, the condition placed on the approval is legally permissible. The condition is not discretionary, and as such C.R.S. § 29-20-203(2) does not apply in the first instance. And if your client's property fails to comply with the Vail Town Code, it is entirely appropriate for the DRB to require compliance as a condition of approval. Here, your client's improvements on Town property constitute a clear violation of Chapter 14 of Title 5 of the Vail Town Code. Third, the suggestion that the condition is "a requirement to provide services to the Town" is a stretch, to say the least. Your client placed improvements on Town property in violation of the Vail Town Code, and as such, is solely responsible for removing them. Lastly, the DRB is expressly authorized to include conditions of approval, pursuant to Vail Town Code § 12-11-4(C)(2)(a). While your interpretation of the DRB's condition is strained, we will ensure that the Town Council clarifies the condition to require removal of only those improvements on Tract C that were placed there by or at the direction of your client or are used by your client and within your client's control. That clarification should satisfy the concerns raised on the second page of your letter. May 3, 2022 - Page 398 of 498 March 15, 2022 Page 2 3/15/2022 Q:\USERS\VAIL\DELPONTE\CORR\BRADLEY-L031522.DOCX If you have additional comments or questions, please direct them to me. Very truly yours, Kendra L. Carberry klc@hpwclaw.com c: Mayor and Town Council May 3, 2022 - Page 399 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Regional Transportation Authority P ublic Hearing on Draft I ntergovernmental A greement P RE S E NT E R(S ): Greg Hall Director Public Works and Transportation and Tanya Allen E C O Transit Director AC T IO N RE Q UE S T E D O F C O UNC I L: Open the public hearing and begin with a brief presentation regarding the draft I ntergovernmental Agreement to form a Regional Transportation Authority S eek public comment on the draft I G A during the public hearing P rovide Town Council input on the draft I G A B AC K G RO UND: The purpose of this item is to conduct the first of two public hearings regarding an I ntergovernmental Agreement to form a Regional Transportation Authority. The actions of the council agenda include: A brief presentation of the draft I ntergovernmental Agreement Conduct a public hearing to receive input on the draft I ntergovernmental A greement P rovide Town Council input on the draft I ntergovernmental A greement, a second public hearing will be held by the Town Council May 17, regarding a resolution approving the I G A. S TAF F RE C O M M E ND AT IO N: Conduct the public hearing allowing public comment on the draft I G A as well as provide Town Council input on the draft I G A. AT TAC H ME N TS: Description Staff Memo Draft IG A R TA IG A Presentation May 3, 2022 - Page 400 of 498 To: Town Council From: Greg Hall, Department of Public Works, Stan Zemler Interim Town Manager Date: May 3, 2021 Subject: Regional Transportation Authority Public Hearing on Draft Intergovernmental Agreement I. PURPOSE The purpose of this item is to conduct the first of two public hearings regarding an Intergovernmental Agreement to form a Regional Transportation Authority. The actions of the council agenda include: A brief presentation of the draft Intergovernmental Agreement Conduct a public hearing to receive input on the draft Intergovernmental Agreement Provide Town Council input on the draft Intergovernmental Agreement, a second public hearing will be held by the Town Council May 17, regarding a resolution approving the IGA. II. BACKGROUND On 9/7/21, the Vail Town Council approved Resolution Number 40 of 2021 authorizing execution of a Memorandum of Understanding, establishing a Regional Transit Authority Formation Committee the (“MOU”) was the culmination of efforts over the last year at the Mayors and Managers meetings and the efforts of an Ad Hoc Regional Transit Optimization Committee that was formed out of a Mayors and Managers Meeting. The MOU provided an overview and background regarding the efforts needed to pursue a potential regional transit authority (“RTA”) to serve the Eagle River Valley. . The RTA Formation Committee as outlined in the MOU is composed of one representative of Eagle County and each municipality in Eagle County (not including Basalt) as well as the addition of Beaver Creek Metro District. Barry Davis has been the Town of Vail’s representative on the formation committee. The government entities involved as well as the business community and nonprofit partners have joined together to consider the formation of a Regional Transportation Authority to enhance and expand transit and transportation services for our residents, businesses and visitors. An RTA is a public entity that allows local governments— including counties, cities, towns and metro districts—to work together to address regional May 3, 2022 - Page 401 of 498 Town of Vail Page 2 transportation issues. RTAs are governed by a board of appointed elected officials representing the partner governments and must follow open meeting and fiscal accountability and transparency laws. RTAs must seek voter approval to collect tax revenue to provide transportation services, which may include transit, air, roadway and other services. Meetings have taken place to review information, identify details and questions to address, provide input on the community stakeholder process, and ultimately provide direction on an RTA to be referred to voters. As part of the formal process of setting up an RTA as defined by state statues, the local governments involved in establishing the RTA must work together to create an IGA. The IGA is a legal document that sets forth the governance, service goals, and other key operating provisions of the RTA. The IGA must be agreed upon by the elected Councils and Boards in each community. Ultimately, voters must agree to the formation of the RTA and any taxing or bonding requests made to provide funding for the RTA’s services and operations. The IGA approval process requires two separate public hearings to be held in each jurisdiction considering adopting the IGA. The public hearings will provide details about the proposed RTA and the draft IGA for the creation of the Eagle Valley Transportation Authority, and feedback from the Council and the public will be shared with the RTA formation committee to help address local community needs and concerns. III. ACTION REQUESTED BY COUNCIL Open the public hearing and begin with a brief presentation regarding the draft Intergovernmental Agreement to form a Regional Transportation Authority Seek public comment on the draft IGA during the public hearing Provide Town Council input on the draft IGA IV. STAFF RECOMMENDATION Conduct the public hearing allowing public comment on the draft IGA as well as provide Town Council input on the draft IGA. V. ATTACHMENTS a. Draft Intergovernmental Agreement to form a Regional Transportation Authority b. RTA IGA presentation May 3, 2022 - Page 402 of 498 April 2022 Draft (Public Hearing #1) EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT by and among BEAVER CREEK METROPOLITAN DISTRICT TOWN OF AVON, COLORADO EAGLE COUNTY, COLORADO TOWN OF EAGLE, COLORADO TOWN OF GYPSUM, COLORADO TOWN OF MINTURN, COLORADO TOWN OF RED CLIFF, COLORADO and TOWN OF VAIL, COLORADO Dated as of [May 31, 2022] Providing for the establishment of the “Eagle Valley Transportation Authority” as a Colorado Regional Transportation Authority pursuant to the Regional Transportation Law, Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended. May 3, 2022 - Page 403 of 498 April 2022 Draft (Public Hearing #1) i TABLE OF CONTENTS Page DEFINITIONS ............................................................................................................2 ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS ...............4 BOARD OF DIRECTORS .........................................................................................7 ADVISORY COMMITTEES ...................................................................................10 OFFICERS ................................................................................................................10 POWERS OF THE AUTHORITY ...........................................................................12 FUNDING THE AUTHORITY................................................................................15 REORGANIZATION ...............................................................................................16 MEMBERS ...............................................................................................................17 TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION .................18 DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES .....................................................................................19 AMENDMENTS ....................................................................................................19 MISCELLANEOUS ...............................................................................................20 May 3, 2022 - Page 404 of 498 April 2022 Draft (Public Hearing #1) EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT THIS EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into as of [May 31, 2022] by and among the BEAVER CREEK METROPOLITAN DISTRICT, the TOWN OF AVON, COLORADO; EAGLE COUNTY, COLORADO; the TOWN OF EAGLE, COLORADO; the TOWN OF GYPSUM, COLORADO; the TOWN OF MINTURN, COLORADO; the TOWN OF RED CLIFF, COLORADO; and the TOWN OF VAIL, COLORADO (together the “Initial Signatories”). RECITALS WHEREAS, pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes, as amended (the “Act”), Colorado counties, municipalities, and special districts with street improvement, safety protection, or transportation powers, are authorized to establish, by contract, regional transportation authorities, which, upon the satisfaction of the conditions set forth herein, are authorized to finance, construct, operate and maintain regional transportation systems; WHEREAS, pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended (the “Intergovernmental Relations Statute”), and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; WHEREAS, the Initial Signatories are a Colorado county, a Colorado special district, and certain Colorado municipalities located within the boundaries of Eagle County that desire to form a regional transportation authority to serve the greater Eagle River Valley community pursuant to the Act and the Intergovernmental Relations Statute for the purpose of financing, constructing, operating, and maintaining regional transportation systems; WHEREAS, enhancing regional transportation services for Eagle County residents, businesses and visitors is a crucial step in meeting the communities’ workforce, economic and climate goals, and regional transportation services support Eagle County socially and economically, helping employees get to work safely and visitors to enjoy their Eagle County experience; WHEREAS, the signatories of this Agreement wish to work toward collaborative solutions that will increase transportation and transit options throughout the greater Eagle River Valley, as well as increase air connections to the Eagle River Valley; WHEREAS, extensive input from local businesses, employees, nonprofits and community members have made clear that the creation of a Regional Transportation Authority (“RTA”) is a May 3, 2022 - Page 405 of 498 April 2022 Draft (Public Hearing #1) 2 desirable way to plan, finance, implement and operate a more comprehensive regional transportation system that better meets the needs of communities; WHEREAS, an RTA serving the greater Eagle River Valley is poised to improve transit service, increase ridership and efficiency across the valley’s existing transit agencies, provide affordable or free transit to the valley’s visitors and employee base, strengthen the connection between the valley’s different communities, and advance local climate action goals by reducing car trips and increasing the use of low or zero emission public transportation; and WHEREAS, transit services promote independent living for the elderly and the disabled by providing essential links to medical, social and other services, and the region recognizes the need to improve mobility options for all segments of the population. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants set forth below, the Initial Signatories hereby agree as follows: DEFINITIONS Definitions from the Act. The following terms shall, when capitalized, have the meanings assigned to them in Section 602 of the Act: “Bond,” “Construct,” “Construction,” “County,” “Municipality,” “Person,” “Regional Transportation Activity Enterprise,” “Regional Transportation System,” and “State”. Other Definitions. The following terms shall, when capitalized, have the following meanings: “Act” is defined in the Recitals. “Advisory Committee” means two or more persons appointed by the Board pursuant to Article 4 of this Agreement for the purpose of providing advice to the Board. “Agreement” means this Eagle Valley Transportation Authority Intergovernmental Agreement, as amended from time to time in accordance with the terms contained therein. “Alternate Director” means any person appointed as an Alternate Director pursuant to Section 3.03 of this Agreement. “Authority” means the Eagle Valley Transportation Authority, a separate political subdivision of and body corporate of the State established pursuant to this Agreement as a regional transportation authority under the Act and as a separate legal entity under the Intergovernmental Relations Statute. May 3, 2022 - Page 406 of 498 April 2022 Draft (Public Hearing #1) 3 “Authority Sales Tax” means a sales and use tax levied by the Authority in all or any designated portion of the Members in accordance with Section 605(1)(j)(1) of the Act. “Authorized Transportation Projects” refers to the Regional Transportation Systems projects described in Appendix C of this Agreement, as such projects may be amended from time to time in accordance with Article 6 of this Agreement. “Ballot Question” refers to any of the questions listed in Section 2.04(a)(i)-(viii) of this Agreement, and shall mean a “Ballot Issue,” as defined in Title 1, Article 1, Part 104(2.3), Colorado Revised Statutes, as amended. The Ballot Question for each of the Initial Signatories are collectively referred to as the “Ballot Questions.” “Board” means the Board of Directors of the Authority. “Boundaries” means the boundaries of the Authority illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement, as such Appendices may be amended from time- to-time in accordance with Article 12 of this Agreement. “Director” means any person appointed as a Director pursuant to Section 3.02 of this Agreement Whenever the person appointed as a Member’s Director is absent from a Board meeting, the term “Director” shall mean the Alternate Director, if any, appointed by such Member pursuant to Section 3.03 of this Agreement. “Division of Local Government” means the Division of Local Government in the State Department of Local Affairs. “ECRTA” means the Eagle County Regional Transit Authority (Fund 1151) which operates Eagle County’s current ECO Transit public transportation service, and which is also referred to in this Agreement as “ECO Transit.” “Governing Body” means, when used with respect to a Member, the town council, board of trustees, board of commissioners or other legislative body, as appropriate, of such Member. “Initial Boundaries” means the Boundaries of the Authority on the date the Authority is originally established pursuant to Article 10.01 of this Agreement, as such Initial Boundaries are illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement. “Initial Members” means the Initial Signatories who become Members on the date on which the Authority is originally established pursuant to Section 2.05 of this Agreement. “Initial Signatories” means the county, special district, and municipalities that are signatories to this Agreement in its original form. “Intergovernmental Relations Statute” is defined in the Recitals. May 3, 2022 - Page 407 of 498 April 2022 Draft (Public Hearing #1) 4 “Member” means (a) the Initial Members and (b) the State or any Municipality or County or special district that becomes a member of the Authority pursuant to Section 9.03 of this Agreement. “MOU” means the Memorandum of Understanding Establishing a Regional Transit Authority Formation Committee entered into by and among the Initial Signatories for the purpose of researching and proposing the structure of an RTA to serve the greater Eagle River Va lley community. “Officer” means the Chair, Vice Chair, Secretary, Treasurer or Executive Director of the Authority, and any subordinate officer or agent appointed and designated as an officer of the Authority by the Board. “Regional Transportation Systems” shall have the meaning given to it in Section 602(16) of the Act. “Visitor Benefit Tax” means a visitor benefit tax levied by the Authority in all or any designated portion of a Member in accordance with Section 605(1)(i.5) of the Act and Section 7.01 hereof. ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS Establishment. A regional transportation authority to be known as the “Eagle Valley Transportation Authority” shall be established as a separate political subdivision and body corporate of the State pursuant to the Act and as a separate legal entity created by this Agreement among the Initial Members pursuant to the Intergovernmental Relations Statute, effective upon satisfaction of the following conditions: (a) each Initial Member (i) has held at least two public hearings on the subject of this Agreement in accordance with Section 603(3) of the Act; and (ii) has executed this Agreement, which execution shall constitute a representation by such Initial Member to t he other Initial Members that the executing Initial Member has held the public hearings required by Section 603(3) of the Act and that the Governing Body of such Initial Member has duly authorized its execution, delivery and performance of this Agreement; (b) this Agreement will be submitted for approval, and has been approved by, a majority of the registered electors residing within the boundaries of the Initial Members at the time of the election, who voted in a general election or special election called for such purpose in accordance with Section 603(4) of the Act, which, for purposes of the November 8, 2022, election, shall be determined based on the votes cast on the Ballot Questions approved by the registered electors voting on the Ballot Questions that approve the participation in the Authority; and May 3, 2022 - Page 408 of 498 April 2022 Draft (Public Hearing #1) 5 (c) the Director of the Division of Local Government has issued a certificate pursuant to Section 603(1) of the Act stating that the Authority has been duly organized according to the laws of the State. Purpose. The purpose of the Authority is to plan, finance, implement and operate an efficient, sustainable and regional public multimodal transportation system at any location or locations within or without the Boundaries of the Authority, and exercise any or all other powers authorized by, and subject to compliance with, the Act. Boundaries. Subject to Section 2.05 and amendment to reflect to outcome of the Ballot Questions, the Initial Boundaries of the Authority shall be as illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement. For any territory included or annexed in the boundaries of a Member, the Boundaries shall automatically be amended to include such territory that has been included or annexed into the boundaries of the Member (for taxation purposes, as if such territory was included in the Boundaries of the Authority because the territory is included in the boundaries of such Member). Voter Approval. (a) The Initial Signatories agree to submit Ballot Questions seeking voter approval of the establishment of the Authority; the baseline funding of the Authority in accordance with Article 7 and the exemption of certain Authority revenues from the revenue limitations of Article X, Section 20 of the Colorado Constitution (“TABOR”) at an election held on November 8, 2022, that is conducted in accordance with the Act and other applicable law. Eight separate questions, which are hereafter referred to by the names indicated below and drafts of which are attached of this Agreement as Appendixes B-1 through B-8, shall be submitted to the registered electors residing within the following described areas within the boundaries of the Initial Signatories: (i) the “Avon Question,” a draft of which is attached hereto as Appendix B-1, shall be submitted to the electors of the Town of Avon; (ii) the “Beaver Creek Question,” a draft of which is attached hereto as Appendix B-2, shall be submitted to the electors of the Beaver Creek Metropolitan District; (iii) the “Eagle Question,” a draft of which is attached hereto as Appendix B-3, shall be submitted to the electors of the Town of Eagle; (iv) the “Gypsum Question,” a draft of which is attached hereto as Appendix B- 4, shall be submitted to the electors of the Town of Gypsum; (v) the “Minturn Question,” a draft of which is attached hereto as Appendix B- 5, shall be submitted to the electors of the Town of Minturn; (vi) the “Red Cliff Question,” a draft of which is attached hereto as Appendix B-6, shall be submitted to the electors of the Town of Red Cliff; May 3, 2022 - Page 409 of 498 April 2022 Draft (Public Hearing #1) 6 (vii) the “Vail Question,” a draft of which is attached hereto as Appendix B-7, shall be submitted to the electors of the Town of Vail; and (viii) the “Unincorporated Eagle County Question,” a draft of which is attached hereto as Appendix B-8, shall be submitted to the electors of the unincorporated area of Eagle County within the boundaries described in Appendix A-2, exclusive of electors residing in the municipalities and special district that are Initial Signatories of this Agreement. (b) With the intent to put forth these measures as a coordinated election under the Clerk of Eagle County, the Governing Body of each of the Initial Signatories named in the title of each Ballot Question shall take all actions necessary to submit such questions to the appropriate registered electors at the Election but may modify the Ballot Questions submitted by it in any manner that is consistent with the terms of this Agreement and the Ballot Questions attached in Appendices B-1 through B-8. Any Governing Body’s modification(s) to a Ballot Question that are inconsistent with the terms of this Agreement and the attached appendices shall require the written consent of each of the other Initial Signatories prior to its submittal to that body’s registered electors. The designated election official for a coordinated election shall be the Eagle County Clerk and Recorder. (c) The costs of conducting the November 8, 2022, election shall be allocated from the funding contributions set forth in the MOU. Initial Members. (a) Subject to Section 2.05(b) of this Agreement, the Initial Signatories whose participation in the Authority is authorized by a majority of the registered electors voting on the Ballot Questions indicated below shall be the Initial Members of the Authority on the date the Authority is originally established pursuant to this Agreement: (i) the Town of Avon will be an Initial Member if the Town of Avon electors approve the Avon Question; (ii) the Beaver Creek Metropolitan District will be an Initial Member if the Beaver Creek Metropolitan District electors approve the Beaver Creek Question; (iii) the Town of Eagle will be an Initial Member if the Town of Eagle electors approve the Eagle Question; (iv) the Town of Gypsum will be an Initial Member if the Town of Gypsum electors approve the Gypsum Question; (v) the Town of Minturn will be an Initial Member if the Town of Minturn electors approve the Minturn Question; (vi) the Town of Red Cliff will be an Initial Member if the Town of Red Cliff electors approve the Red Cliff Question; May 3, 2022 - Page 410 of 498 April 2022 Draft (Public Hearing #1) 7 (vii) the Town of Vail will be an Initial Member if the Town of Vail electors approve the Vail Question; and (viii) Eagle County will be an Initial Member if the electors within the unincorporated area of Eagle County described in Section 2.04(a)(viii) approve the Unincorporated Eagle County Question. (b) The Initial Signatories agree that in order for the Regional Transportation Systems to be efficiently and effectively provided within the Authority’s service area, participation of each of the Town of Avon, the Beaver Creek Metropolitan District, Eagle County, and the Town of Vail, is essential. This Agreement will terminate automatically and be of no further force and effect if the registered electors voting on each of the Avon Question, the Beaver Creek Question, the Vail Question, and the Unincorporated Eagle County Question do not each approve their respective ballot questions at the November 8, 2022, election. BOARD OF DIRECTORS Establishment and Powers. The Authority shall be governed by a Board of Directors as described in this Article 3. The Board shall exercise and perform all powers, privileges and duties vested in or imposed on the Authority. Subject to the provisions of this Agreement, the Board may delegate or prescribe the performance of any of its powers to any Director, Officer, employee or agent of the Authority with sufficient direction to comply with the non-delegation doctrine. Directors. The Board shall be composed of one Director appointed by each Member. Alternate Directors. In addition to the Director appointed by it, each Member shall appoint an Alternate Director who shall be deemed to be such Member ’s Director for all purposes, including, but not limited to, voting on resolutions whenever the person appointed as such Member’s Director is absent from a Board meeting or in the event such Director has resigned or been removed and no replacement Director has been appointed. Appointment of Directors and Alternate Directors. As required by Section 603(2)(b)(1) of the Act, the Director and the Alternate Director appointed by a Member shall both be members of the Governing Body of such Member, and shall be appointed as a Director or Alternate Director by the Governing Body of such Member. Terms of Office. The term of office of each Director and Alternate Director shall commence with the first meeting of the Board following his or her appointment and shall continue until (a) the date on which a successor is duly appointed or (b) the date on which he or she ceases to be a member of the Governing Body of the appointing Member. May 3, 2022 - Page 411 of 498 April 2022 Draft (Public Hearing #1) 8 Resignation and Removal. Any Director or Alternate Director (a) may resign at any time, effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning; and (b) may be removed at any time by the Governing Body of the Member that appointed him or her, effective upon receipt by the Secretary or the Chair of written notice signed by the Governing Body of the appointing Member. Vacancies. Vacancies in the office of any Director or Alternate Director shall be filled in the same manner in which the vacant office was originally filled pursuant to Sections 3.02 through 3.04 of this Agreement. Compensation. Directors and Alternate Directors shall serve without compensation, but may be reimbursed for expenses incurred in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. Meetings, Notice. The Board shall annually establish times for regular meetings of the Board, which shall meet no less than quarterly. The Board may additionally call special meetings as it deems necessary or desirable. Meetings will be held at the location as may from time to time be designated by the Board. Public notice of meetings shall be posted in the locations established by the Board, in accordance with the Colorado Open Meetings Law, Section 24-6-401 et seq., Colorado Revised Statutes, as amended. Except in the case of special or emergency meetings where such advance notice is not practicable, the Authority shall provide at least 48 hours’ advance notice of meetings to each Director and Alternate Director and to the Governing Body of each Member. Resolutions, Quorum. All actions of the Board shall be by resolution, which may be written or oral, approved at a meeting that is open to the public according to the voting requirements set forth in Section 3.11. At least a quorum shall be necessary to take any Board action and at least two-thirds of all Directors then in office who are eligible to vote thereon will be required for action pursuant to Section 3.11(a). A quorum shall mean a number of Directors greater than half the total number of Directors then in office (which, if all Initial Signatories become Initial Members, will be five of the eight initial Directors). The Board may establish bylaws providing for electronic participation by a Director in a meeting, including requirements for a Director participating electronically to be considered “present” for purposes of establishing a quorum and voting on agenda items. Voting Requirements. (a) Except as otherwise provided in subsection (b) of this Section, resolutions of the Board shall be adopted upon the affirmative vote of at least two-thirds of the Directors then in office who are eligible to vote thereon (which, if all Initial Signatories become Initial Members and no Director is ineligible to vote, will be six of the eight initial Directors). (b) Provided a quorum is present, the following actions shall be approved upon the affirmative vote of a majority of the Directors of the Board then present who are eligible to vote thereon: May 3, 2022 - Page 412 of 498 April 2022 Draft (Public Hearing #1) 9 (i) administrative approvals such as setting meeting locations and times and ministerial actions required for the Authority’s compliance with applicable law; (ii) approvals authorized by bylaws or rules previously approved by the Board; (iii) approval of contracts for expenditures included in an annual budget previously approved by the Board; (iv) approval of contracts for transportation services included in an annual budget previously approved by the Board; (v) approval of contracts for the assumptions of existing facilities and transportation infrastructure, or the development of new facilities and transportation infrastructure, included in an annual budget previously approved by the Board; and (vi) other actions that are reasonably incidental to prior Board approvals made under subsection (a) of this Section. Special Rules Regarding Adoption of the Authority’s Annual Budget. Notwithstanding Section 3.10 of this Agreement, if the Board fails to approve the Authority’s annual budget by resolution adopted in accordance with Section 3.10 of this Agreement by the end of the immediately preceding fiscal year of the Authority or any earlier date required by State law, until an annual budget is so adopted, the Authority’s budget for such year shall be the prior year’s budget, with adjustments approved by a majority of the Directors then in office who ar e eligible to vote thereon. The procedures set forth in this Section may be modified by bylaws or rules adopted in accordance with Section 3.15 of this Agreement. Director Conflicts of Interest. Notwithstanding any other provision of this Agreement, a Director shall disqualify himself or herself from voting on any issue with respect to which he or she has a conflict of interest, unless he or she has disclosed such conflict of interest in compliance with Sections 18-8-308 and 24-18-101 et seq., Colorado Revised Statutes, as amended. Powers of the Board. The Board shall, subject to the limitations set forth of this Agreement, have (a) all powers that may be exercised by the board of directors or a regional transportation authority pursuant to the Act, including, but not limited to, the powers conferred by Sections 604(1) and (3) of the Act, and (b) all powers that may be exercised by the governing board of a separate legal entity that has been lawfully created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Bylaws and Rules. The Board, acting by resolution adopted as provided for in Section 3.10 or Section 3.11 of this Agreement, may adopt bylaws or rules governing the activities of the Authority and the Board, including, but not limited to, bylaws or rules governing the conduct of Board meetings, voting procedures, the type of resolutions that must be in writing and procedures for the resolution of issues on which a two-thirds majority cannot be obtained in accordance with Section 3.11(a) of this Agreement. May 3, 2022 - Page 413 of 498 April 2022 Draft (Public Hearing #1) 10 Additional Directors. If at any time there are four or fewer Members, then, notwithstanding any other provision of this Agreement, in order to comply with the provisions of Section 603(2)(b)(1) of the Act requiring at least five Directors, the Directors representing the remaining Members shall, by unanimous consent, appoint such additional Directors and Alternate Directors as are necessary for there to be five Directors, and may likewise remove such Directors and Alternative Directors by consensus of the Directors appointed directly by the Members. If such remaining Directors are unable to reach unanimous consent, each Member shall appoint a second Director, until the total number of Members exceeds five at which time each Member shall revert to appointing a sole Director. References. All references of this Agreement to the Director and Alternate Director of a Member shall be deemed to refer to the initial and the additional Director and Alternate Director, as appropriate, appointed by such Member. ADVISORY COMMITTEES The Board may appoint, maintain, and/or disband one or more Advisory Committees at any time in order to advise the Board with respect to policy and service matters. Advisory Committees shall not be authorized to exercise any power of the Board. OFFICERS Generally. The Board shall appoint a Chair, a Vice Chair, a Secretary, a Treasurer and an Executive Director. The Board also may appoint one or more subordinate officers and agents, each of whom shall hold his or her office or agency for such term and shall have such authority, powers and duties as shall be determined from time to time by the Board. The Chair and the Vice Chair shall be Directors. Other Officers may, but need not, be Directors. Any two or more of such offices may be held by the same person, except that the offices of Chair and Secretary may not be held by the same person and the person serving as Executive Director may not hold any other of such offices. All Officers of the Authority shall be persons of the age of 18 years or older and shall meet the other qualifications, if any, stated for his or her office elsewhere in this Article 5. Alternate Directors shall not assume the officer position of any Director unless so designated by action of the Board. Chair. The Chair shall have the power to call meetings of the Board; the power to execute, deliver, acknowledge, file and record on behalf of the Authority such documents as may be required by this Agreement, the Act or other applicable law; and such other powers as may be prescribed from time to time by the Board. The Chair may execute and deliver contracts, deeds and other instruments and agreements on behalf of the Authority as are necessary or appropriate in the ordinary course of its activities or as are duly authorized or approved by the Board. The Chair shall have such additional authority, powers and duties as are appropriate and May 3, 2022 - Page 414 of 498 April 2022 Draft (Public Hearing #1) 11 customary for the office of the chair of the board of directors of entities such as the Authority, and as the Board may otherwise prescribe. Vice Chair. The Vice Chair shall be the Officer next in seniority after the Chair and, upon the death, absence or disability of the Chair, shall have the authority, powers and duties of the Chair. The Vice Chair shall have such additional authority, powers and duties as are prescribed by the Board. Secretary. The Secretary shall give, or cause to be given, notice of all meetings (including special meetings) of the Board, keep written minutes of such meetings, have charge of the Authority’s seal (if any), be responsible for the maintenance of all records and files and the preparation and filing of reports to governmental agencies (other than tax returns), have authority to impress or affix the Authority’s seal to any instrument requiring it (and, when so impressed or affixed, it may be attested by his or her signature), and have such other authority, powers and duties as arc appropriate and customary for the office of Secretary of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Treasurer. The Treasurer shall, subject to rules and procedures established by the Board, be responsible for the custody of the funds and all stocks, bonds and other securities owned by the Authority and shall be responsible for ensuring the timely preparation and filing of all tax returns, if any, required to be filed by the Authority. The Treasurer shall receive all moneys paid to the Authority and, subject to any limits imposed by the Board or the Chair, shall have authority to give or authorize receipts and vouchers, to sign and endorse checks and warrants in the Authority’s name and on the Authority’s behalf, and to give full discharge for the same. The Treasurer shall also have charge of disbursement of the funds of the Authority, shall ensure that full and accurate records of the receipts and disbursements are maintained, and shall ensure that all moneys and other valuables are deposited in such depositories as shall be designated by the Board. The Treasurer shall ensure deposit and investment of all funds of the Authority in accordance with this Agreement and laws of the State applying to the deposit and investment of funds of regional transportation authorities formed under the Act. The Treasurer shall have such additional authority, powers and duties as are appropriate and customary for the office of Treasurer of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Executive Director. The Executive Director shall be the chief executive officer of the Authority, shall supervise the activities of the Authority, shall see that all policies, directions and orders of the Board are carried out and shall, under the supervision of the Board, have such other authority, powers or duties as may be prescribed by the Board. Resignation and Removal. Any Officer may resign at any time effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning, and may be removed at any time by the Board. May 3, 2022 - Page 415 of 498 April 2022 Draft (Public Hearing #1) 12 Changes to Authority, Powers and Duties. Notwithstanding any other provision of this Article 5, the Board at any time may expand, limit or modify the authority, powers and duties of any Officer or employee. Vacancies. Vacancies in the office of any Officer or employee shall be filled in the same manner in which such office was originally filled. Compensation. The Authority shall determine and may compensate Officers and employees who are not Directors or Alternate Directors for services performed, and may reimburse them for expenses incurred, in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. POWERS OF THE AUTHORITY General Grant of Powers. The Authority shall, subject to the limitations set forth in this Agreement, have (i) all of the powers granted to regional transportation authorities by the Act and (ii) all powers that may be exercised by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Specific Responsibilities. In addition to the general powers described in Section 6.01 of this Agreement, the Authority shall have the responsibilities described in this Section and shall have all powers necessary or convenient to carry out such responsibilities, subject to the availability of funds and, to the extent required by law, annual appropriation of funds by the Board. The description of specific responsibilities and powers in this Section shall not, however, limit the general powers of the Authority described in Section 6.01 of this Agreement. (a) Regional Transportation Systems. The Authority shall coordinate and may operate and fund Regional Transportation Systems and provide such related services as are necessary in order to effect the Authorized Transportation Projects described in Appendix C, as may be amended from time to time in accordance with Article 12 of this Agreement. (b) Regional Transportation Planning. The Authority shall engage in annual regional transportation planning to direct the implementation of Regional Transportation Systems, pursue local, federal or state funding, and coordinate overall transportation policy within the area in which it provides transit services. Regional transportation planning shall, as determined by the Board, include short range service and infrastructure planning as well as long range planning, corridor investment studies and related impact analyses. (c) Regional Transportation Demand Management. The Authority shall develop plans, programs, and materials to support individuals and employers in their efforts to reduce single- occupancy vehicle trips and mitigate climate impacts in Eagle County, in coordination with local jurisdictions, CDOT, NWCCOG, the I-70 Coalition and other relevant organizations. (d) Enhance Local, State, and Federal Coordination. May 3, 2022 - Page 416 of 498 April 2022 Draft (Public Hearing #1) 13 (i) The Authority shall represent the Eagle Valley region with regard to state and federal legislation affecting available funding to support regional transit operations and with regard to legislation affecting operations. (ii) The Authority shall coordinate with the Colorado Department of Transportation (“CDOT”) and federal governing agencies to enhance regional transit, including but not limited to, improvements to connections to the Authority area via Bustang and other statewide bus programs and increased air service to the Eagle County Regional airport. (e) First-Last Mile Solutions. The Authority may study, design, financially support and implement, with partnerships as appropriate, first and last mile improvements to enhance transit ridership, including but not limited to park and rides, pedestrian crossings, and regional innovative mobility programs such as regional e-bike sharing, on-demand microtransit, and community vanpools. (f) Contract Transit Services. (i) The Authority may enter into contracts with any Member or other person or entity for the provision of transit services in the manner and subject to the terms of such contracts. (ii) The Authority may initially enter into contracts with Eagle County for the continuation of ECO Transit service during and after the ECRTA Transition Period (as set out more specifically in Article 8 below) and shall reasonably cooperate with Eagle County to ensure the continuation of employment for personnel currently employed by Eagle County in the provision of transit services within the Boundaries of the Authority. (g) Local Service. The Authority may fund projects or services that serve the residents and businesses of a single Member (as distinguished from regional services) but, except as otherwise specifically provided in this Agreement, only pursuant to an agreement to which such Member pays the Authority for the services provided on the same fully allocated cost basis used to determine costs of Authority services throughout the Authority’s service area. (h) Transportation Related Infrastructure. The Authority may assume the maintenance of existing facilities and may develop new facilities, park-and-rides, transit stops, vehicle maintenance garages, trails, or other necessary infrastructure related to operations under the purview of the Authority. (a) Planning, Construction, and Maintenance of Regional Trails and Pedestrian Infrastructure. (i) The Authority shall provide planning and funding support for regional public trail maintenance, improvement, and construction, in cooperation with Members, advisory groups and other agencies, including but not limited to USFS, BLM and CDOT. The Authority will place emphasis on multi-modal transportation-oriented trails that May 3, 2022 - Page 417 of 498 April 2022 Draft (Public Hearing #1) 14 provide improved accessibility and connections between transit nodes, population centers, and communities. (ii) The Authority may plan for transitioning the operations, maintenance, capital improvements, and funding required for Eagle County’s ECO Trails partnership, including the Eagle Valley Trail, after completion of all currently planned sections and no sooner than December 31, 2024. (i) Contract Air Services. The Authority may enter into contracts with commercial air service carriers for the provision of air services in the manner and subject to the terms of such contracts. (j) Roadway Improvements. Subject to the Gypsum Question first being approved by the electors of the Town of Gypsum, the Authority shall provide financial support for the construction on an EGE Airport interchange, including commitment of matching funds to be combined with other local matching funds in support of the pursuit of state and federal grant funds. Any obligation of the Authority to provide matching funds will be conditional upon first securing funds for construction of the EGE Airport Interchange from all other available federal, state, and local funding sources and shall not exceed an amount budgeted therefor by the Board. It is anticipated that the Town of Eagle, Town of Gypsum, Eagle County, or some combination thereof will be the responsible entities for all permitting, financing and construction. and the Authority’s role would be limited to providing matching funds as described in this Section. Limitations on Powers of the Authority. Notwithstanding Sections 6.01 and 6.02 of this Agreement, the powers of the Authority shall be limited as follows: (a) no action to establish or increase a tax or to create a multiple fiscal year debt or other financial obligation that is subject to Section 20(4)(h) of Article X of the State Constitution shall take effect unless first submitted to a vote in accordance with Section 612 of the Act; (b) the Board shall deliver notice of any proposal to establish, increase or decrease any tax to any County, Municipality or special district Member where the proposed tax or fee would be imposed in accordance with Section 613 of the Act; and (c) a notice of the imposition of or any increase in any fee or tax or the issuance of Bonds shall be sent to the Division of Local Government and shall be filed with the State Auditor and the State Transportation Commission in accordance with Section 614 of the Act. Limitations. If any portion of the Regional Transportation System alters the physical structure of or negatively impacts the safe operation of any state or local transportation improvement, the Authority shall, upon the request of the Governing Body of the jurisdiction impacted by the transportation improvement, in order to ensure coordinated transportation planning, efficient allocation of resources, and the equitable sharing of costs, enter into an intergovernmental agreement between the Authority and such jurisdiction concerning the applicable portion of the Regional Transportation System before commencing physical construction of that particular improvement. May 3, 2022 - Page 418 of 498 April 2022 Draft (Public Hearing #1) 15 FUNDING THE AUTHORITY Baseline Funding. The baseline funding of the Authority shall be provided from the following sources: (a) Initial Authority Sales and Use Tax. Subject to Section 2.05(b) of this Agreement, upon approval by the registered electors of the Ballot Question for each Initial Member, a sales and use tax of one-half percent (0.5%) shall be imposed in all areas within the Initial Boundaries of the Authority. (b) Eagle County 0.5% Transportation Sales Tax. Eagle County shall pay to the Authority the proportion of the proceeds of the Eagle County 0.5% Transportation Sales Tax accrued on and after January 1 of the year following the Effective Date of this Agreement and that are allocated to ECRTA operations as of the Effective Date. To the extent required by law, the obligation of Eagle County to make such payments may be subject to annual appropriation by the Board of County Commissioners of Eagle County. (c) Visitor Benefit and Lodging Tax. The Visitor Benefit Tax imposed by the Authority on persons who purchase overnight rooms or accommodations shall, upon satisfaction of the conditions stated below, be imposed at a rate of 1% within the Boundaries of the Authority: Such Visitor Benefit Tax shall apply to all types of accommodations available for rent for a period of thirty days or less within the Boundaries of the Authority. The proceeds of the Visitor Benefit Tax shall be used by the Authority solely to finance, construct, operate, and maintain Regional Transportation Systems and provide incentives to overnight visitors to use public transportation. To the extent that the imposition of an additional tax by the Authority is precluded by Section 43-4-605(1)(i.5)(I), C.R.S., such Member shall seek alternative sources of funding, or pledge existing tax revenues, in an equivalent amount. Discretionary Member Contributions. A Member may, at its sole discretion, offer to make cash contributions to the Authority, provide in-kind services to the Authority or pay costs that otherwise would have been paid by the Authority (referred to as a “Discretionary Member Contribution”). If a Member offers to make a Discretionary Member Contribution, the Authority will, subject to Board approval on a case-by-case basis, make a good faith effort to provide additional transportation services within the boundaries of such Member with a value, or grant such Member a credit against other contributions or contract service payments to the Authority by or on behalf of such Member, in an amount equal to the Discretionary Member Contribution. Pursuit of Grants. The Authority shall actively pursue grants to support its activities, including grants for offsetting operating and capital costs, long range planning and environmental review, and major capital improvements. The Authority shall also cooperate and assist Members in their pursuit of grants for transportation projects. May 3, 2022 - Page 419 of 498 April 2022 Draft (Public Hearing #1) 16 Capital Projects and Bonds. The Authority may fund capital projects by the issuance of Authority Bonds pursuant to Section 609 of the Act if voter approval is obtained for the issuance of such Bonds as required by Section 612(2) of the Act; through lease-purchase agreements or other arrangements permitted by, and subject to compliance with the applicable provisions of, State and federal law; or through one or more agreements with one or more Members. Bond issuances by Regional Transportation Enterprises formed pursuant to Section 606 of the Act do not require voter approval. No Implied Limits on Powers. Except as otherwise specifically provided, no provision of this Article 7 shall limit the Authority’s powers under the Act. REORGANIZATION Reorganization Plan. All relevant assets and liabilities of ECRTA will be transferred to the Authority in accordance with this Article 8 within an 18 month period of time from the Effective Date of this Agreement and establishment of the Authority (the “ECRTA Transition Period.”) ECRTA Transition Period, Maintenance of Effort. During the ECRTA Transition Period, the Authority will undertake the following: (a) The Authority will assume responsibility for the services provided by ECRTA and will begin receipt transfers of the operating revenues of ECRTA (as distinguished from the contributions to the Roaring Fork Transportation Authority by its members) from Eagle County no later than January 1 of the year following formation of the Authority in accordance with Section 7.01(b) of this Agreement; provided, however, that the Authority may not allocate such revenues to any purpose other than funding of services provided by ECRTA, including payments under any contract with Eagle County referred to herein for services of employees or other assets of ECTRA, in order to ensure continuity of ECO Transit services during the ECRTA Transition Period as the provision of such services, and the transfer of assets and liabilities, transition from Eagle County to the Authority over such period. (b) For the purpose of continuity, the existing ECRTA Advisory Board shall be constituted as an Advisory Committee pursuant to Article 4 of this Agreement for the purpose of advising the Authority’s initial Board with respect to the transition of ECRTA services throughout the ECRTA Transition Period. The Authority Board may add or remove members of the ECRTA Advisory Board as provided for in this Agreement. (c) Either directly or by contract with Eagle County or others, will use reasonable efforts to: (i) maintain continuity of the existing ECO Transit regional transit services provided by ECRTA within the Authority Boundaries and to neighboring jurisdictions, May 3, 2022 - Page 420 of 498 April 2022 Draft (Public Hearing #1) 17 without any significant changes in routes, schedules, or equipment, during the ECRTA Transition Period; (ii) continue ongoing transportation planning efforts; (iii) enter into contracts for transit services ECRTA currently provides to other Eagle County departments or entities no later than the end of the ECRTA Transition Period; and (iv) accommodate Member requests for additional or new local services on the same fully allocated cost basis used to determine the cost of Authority services throughout the Authority service area; (d) The Authority will assist Eagle County to cause all relevant Eagle County assets, liabilities, personnel, contracts, and operations to be formally transferred and assigned to the Authority, and to enter into any required intergovernmental agreement, leases, or other contractual arrangements to enable such transfers or assignments, prior to the conclusion of the ECRTA Transition Period; and (e) The ECRTA Transition Period will be deemed concluded when all issues set forth in the Transition Plan (defined in Section 8.03) have been addressed to the satisfaction of the Board. Transition Plan. (a) The Authority and Eagle County shall use their best efforts to agree on a “Transition Plan” that implements the provisions of this Article 8. The Transition Plan will specify how merger issues, including those related to human resources, employee benefits, insurance, transfer of ECRTA assets, contractual relationships (e.g. with the Town of Vail and the Town of Avon), and matters concerning the allocation of operating and capital costs and resources will be resolved. MEMBERS Initial Members. The Initial Members shall be the Initial Signatories whose participation in the Authority is approved at the November 8, 2022, election as described in Section 2.05 of this Agreement. Withdrawal of Initial Members. (a) Following establishment of the Authority, an initial Member may withdraw from the Authority only if the Initial Member’s withdrawal is approved at an election by a majority of the electors voting thereon. (b) If an Initial Member withdraws from the Authority pursuant to subsection (a) of this Section: May 3, 2022 - Page 421 of 498 April 2022 Draft (Public Hearing #1) 18 (i) the territory within the boundaries of such Initial Member will be excluded from the Boundaries of the Authority. (ii) the taxes relevant to that Initial Member shall not be levied after the effective date of such withdrawal; and (iii) the obligations of such Initial Member set forth in this Agreement shall terminate. (c) Members may only withdraw from the Authority in the manner, and subject to the conditions, set forth in this Section. Additional Members. Any county, municipality, or special district with street improvement, safety protection, or transportation powers, or a portion thereof, which is not an Initial Member of the Authority, may become a Member (for purposes of this Section, a “new Member”) effective upon: (a) the adoption of a resolution of the Board in accordance with Section 3.11(a) of this Agreement, the effectiveness of which may be conditioned upon compliance by such new Member with any conditions which the Board, in its sole discretion, sees fit to impose; (b) unless the new Member is the State, approval of such new Member’s participation in the Authority by the electors residing within the territory of the new Member that is to be included in the Boundaries of the Authority; and (c) compliance with any other conditions to the admission of such new Member as a Member or its execution of the amended Agreement imposed under the Act, the Intergovernmental Relations Statue or any other applicable law. TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION Effective Date. The term of this Agreement shall begin when all the conditions to the establishment of the Authority set forth in Section 2.01 of this Agreement have been satisfied. Termination. The term of this Agreement shall end when all the Members agree in writing to terminate this Agreement; provided, however, that this Agreement may not be terminated so long as the Authority has any Bonds outstanding. Distribution of Assets Upon Termination. Upon termination of this Agreement pursuant to Section 10.02 of this Agreement, after payment of all Bonds and other obligations of the Authority, the net assets of the Authority shall be distributed to the parties who are Members at such time in proportion to the sum of: May 3, 2022 - Page 422 of 498 April 2022 Draft (Public Hearing #1) 19 (a) the amount of cash and the value of property and services contributed by them to the Authority pursuant to Article 7 and 8 of this Agreement minus the amount of cash and the value of property previously distributed to them by the Authority; and (b) the amount of Authority taxes or other charges (other than fares) paid by their residents to the Authority pursuant to the Authority’s exercise of the powers granted to it pursuant to the Act, with taxes or other charges paid by residents of areas of counties which are also located within a municipality or special district allocated 100% to the municipality or special district for such purposes. DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES Authority Obligations. The Authority shall insure and defend each Director, Officer, member of an Advisory Committee and employee of the Authority in connection with any claim or actual or threatened suit, action or proceeding (civil, criminal or other, including appeals), in which he or she may be involved in his or her official capacity by reason of his or her being or having been a Director, Officer, member of a Committee or employee of the Authority, or by reason of any action or omission by him or her in such capacity. The Authority shall insure and defend each Director, Officer, member of a Committee and employee of the Authority against all liability, costs and expenses arising from any such claim, suit or action, except any liability arising from criminal offenses or willful misconduct or gross negligence. The Authority’s obligations pursuant to this Article 11 shall be limited to funds of the Authority available for such purpose, including but not necessarily limited to insurance proceeds. The Board may establish specific rules and procedures for the implementation of this Article 11 . AMENDMENTS Amendments Generally. This Agreement, except as may be limited in this Article 12, may be amended only by resolution of the Board and upon unanimous consent of all Members minus one. Such consent shall first be manifested by a majority affirmative vote of the Governing Bodies of each Member. Amendments to Boundaries. Except as provided in Section 2.03 of this Agreement, the Initial Boundaries illustrated in Appendix A-1 and described in Appendix A-2, may be amended in accordance with Section 12.01 of this Agreement and with the required approval of the registered voters of any county, municipality or unincorporated portion of a county proposed to be added to the territory of the Authority. For purposes of this Section, the boundaries may not include territory within the boundaries of a municipality that is not a Member without the consent of the governing body of such municipality, and may not include territory within the unincorporated boundaries of a county that is not a Member without the consent of the governing body of such county. May 3, 2022 - Page 423 of 498 April 2022 Draft (Public Hearing #1) 20 Modification of Appendices B-1 through B-8. Notwithstanding any other provision of this Agreement, any Ballot Question attached hereto as Appendix B-1 through B-8 may be modified by the Governing Body of the Initial Signatory responsible for submitting such Ballot Question to the electors as provided in Section 2.04 of this Agreement. MISCELLANEOUS Adoption and Execution of Agreement in Accordance with Law. Each initial Signatory hereby represents to each other Initial Signatory that it has adopted and executed this Agreement in accordance with applicable law. Parties in Interest. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon any Person other than the Initial Signatories and the Members any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the Initial Signatories and the Members. No Personal Liability. No covenant or agreement contained in this Agreement or any resolution or bylaw issued by the Board shall be deemed to by the covenant or agreement of an elected or appointed official, officer, agent, servant or employee of any Member in his or her individual capacity. Notices. Except as otherwise provided in this Agreement, all notices, certificates, requests, requisitions or other communications by the Authority, any Member, any Director, any Alternate Director, any Officer or any member of a Committee to any other such person pursuant to this Agreement shall be in writing; shall be sufficiently given and shall be deemed given when actually received, in the case of the Authority and officers of the Authority, at the last address designated by the Authority for such purpose and, in the case of such other persons, at the last address specified by them in writing to the Secretary of the Authority; and, unless a certain number of days is specified, shall be given within a reasonable period of time. Assignment. None of the rights or benefits of any Member may be assigned, nor may any of the duties or obligations of any Member be delegated, without the express written consent of all the Members. Severability. If any clause, provision, subsection, Section, or Article of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or enforceability of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions of this Agreement. Interpretation. Subject only to the express limitations set forth in this Agreement, this Agreement shall be liberally construed to permit: May 3, 2022 - Page 424 of 498 April 2022 Draft (Public Hearing #1) 21 (a) the Authority and the Members to exercise all powers that may be exercised by a regional transportation authority pursuant to the Act and by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute; (b) the Members to exercise all powers that may be exercised by them with respect to the subject matter of this Agreement pursuant to the Act, the Intergovernmental Relations Statute and other applicable law; and (c) the Board to exercise all powers that may be exercised by the board of directors of a regional transportation authority pursuant to the Act and by the governing body of a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. In the event of any conflict between the Act, the Intergovernmental Relations Statute or any other law with respect to the exercise of any such power, the provision that permits the broadest exercise of the power consistent with the limitations set forth in this Agreement shall control. Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. Venue for purposes of any litigation arising under this Agreement shall only be proper in the Eagle County District Court. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement. [Remainder of page left intentionally blank. Signature pages follow.] May 3, 2022 - Page 425 of 498 April 2022 Draft (Public Hearing #1) 22 SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [May 31, 2022] By: [INSERT], COLORADO By Name Title ATTEST May 3, 2022 - Page 426 of 498 APPENDIX A-1 Authority Boundary Map May 3, 2022 - Page 427 of 498 2!,!<!1!4!0!6!/!!!.!9!?!8!>!A6!,!5!0!!!.!9!?!8!>!A;!,!<!5!!!.!9!?!8!>!A=!?!7!7!4!>!!!.!9!?!8!>!A2!<!,!8!/!!!.!9!?!8!>!A=!?!7!7!4!>!!!.!9!?!8!>!A<!9!?!>!>!!!.!9!?!8!>!A&;4681%*.0,#*6*07"932)*/0’/27852(,+!$0/--,9/<583!(9<6!-</8=;9<>/>598!#?>49<5>B+<9;9=21!,-#$9?81/<B’1A/<1=*2><9&5=><50>$2<<B!%<226*2><9!&5=><50>#<<9A42/1*2><9&5=><50>$/04279<)?704*2><9&5=><50>’/372"./57*2><9!&5=><50>$2/@2<%<226*2><9&5=><50>)%$&$%’(#(#(#-.*!+4631/57,/502!$’"!%#%%>IJS!NBQ!WBS!DRFBTFE!CX!TIF!0BHMF!.PUOTX!24=!/FQBRTNFOT$?SF!PG!TIJS!NBQ!SIPUME!CF!GPR!HFOFRBM!QURQPSF!POMX$0BHMF!.PUOTX!EPFS!OPT!WBRRBOT!TIF!BDDURBDX!PG!TIF!EBTBDPOTBJOFE!IFRFJO$%’*"%%%&(")%%1FFT&!JODI!+!’("%%%!GFFT;RPQPSFE!<>,!-PUOEBRX>PWO!-PUOEBRX.PUOTX!-PUOEBRX=TRFFT!.FOTFRMJOF7BKPR!3JHIWBX,RRPWIFBE!7FTRPQPMJTBO!/JSTRJDT-BDIFMPR!2UMDI!7FTRPQPMJTBO!/JSTRJDT-FBVFR!.RFFL!7FTRPQPMJTBO!/JSTRJDT-FRRX!.RFFL!7FTRPQPMJTBO!/JSTRJDT0BHMF#@BJM!7FTRPQPMJTBO!/JSTRJDT0EWBRES!7FTRPQPMJTBO!/JSTRJDT<PBRJOH!1PRL!>RBOSQPRTBTJPO!,UTIPRJTXMay 3, 2022 - Page 428 of 498 APPENDIX A-2 Authority Boundary Description May 3, 2022 - Page 429 of 498 I|lmfmx#E# xs#Rsxmgi#sj#Jsvqexmsr#sj#Vikmsrep#Xverwtsvxexmsr#Eyxlsvmx}# Pikep#Hiwgvmtxmsr#sj#VXE#Fsyrhevmiw# Fikmrrmrk#sr#xli#gsqqsr#xs{rwlmt#pmri#jsv#Xs{rwlmt#6#Wsyxl#erh#Xs{rwlmt#7#Wsyxl/#Verki#<3#[iwx#9xl Tvmrgmtep#Qivmhmer/#tsmrx#epws#fimrk#sr#xli#gsqqsr#fsyrhev}#pmri#sj#Iekpi#erh#Wyqqmx#Gsyrxmiw/# xlirgi#{iwx#epsrk#wemh#xs{rwlmt#pmri#xs#xli#R[#gsvriv#sj#Wigxmsr#9#Xs{rwlmt#7#Wsyxl#Verki#<3# [1##Xlirgi#rsvxl#xs#xli#RI#gsvriv#sj#Wigxmsr#4#Xs{rwlmt#7#Wsyxl#Verki#<4[1##Xlirgi#{iwx/#gsrjsvqmrk# xs#xli#rsvxl#fsyrhev}#sj#Xs{rwlmt#7/#Verkiw#<4/#<5#)#<6#[iwx#xs#xli#W[#gsvriv#sj#Wigxmsr#69#Xs{rwlmt# 6#Verki#<6#[iwx1##Xlirgi#rsvxl#xs#xli#R[#gsvriv#sj#Wigxmsr#69#Xs{rwlmt#6#Wsyxl#Verki#<6# [iwx1##Xlirgi#{iwx#xs#xli#R[#gsvriv#Wigxmsr#66#Xs{rwlmt#6#Wsyxl#Verki#<6#[iwx1##Xlirgi#wsyxl#xs#W[# gsvriv#sj#Wigxmsr#66#Xs{rwlmt#6#Verki#<6#[iwx1##Xlirgi#wsyxl#xs#xli#W[#gsvriv#sj#Wigxmsr#7#Xs{rwlmt# 7#Wsyxl#Verki#<6#[iwx1##Xlirgi#wsyxl{iwxivp}#xs#xli#W[#gsvriv#sj#Wigxmsr#<#Xs{rwlmt#7#Wsyxl#Verki# <6#[iwx1##Xlirgi#{iwx#xs#xli#R[#gsvriv#Wigxmsr#4<#Xs{rwlmt#7#Wsyxl#Verki#<6#[iwx1##Xlirgi#wsyxl#xs# xli#WI#gsvriv#sj#Wigxmsr#46#Xs{rwlmt#7#Wsyxl#Verki#<7#[iwx1##Xlirgi#{iwx#epsrk#xli#wsyxl#pmriw#sj# Wigxmsrw#46/#47/#48/#49/#4;#)#4<#Xs{rwlmt#7#Wsyxl#Verki#<7#[iwx/#xli#wsyxl#pmriw#sj#Wigxmsrw#46/#47/#48/# 49/#4;#)#4<#Xs{rwlmt#7#Wsyxl#Verki#<8#[iwx/#erh#xli#wsyxl#pmriw#sj#Wigxmsrw#46/#47/#48/#49/#4;#)#4<# Xs{rwlmt#7#Wsyxl#Verki#<9#[iwx#xs#xli#W[#gsvriv#Wigxmsr#4<#Xs{rwlmt#7#Wsyxl#Verki#<9# [iwx1##Xlirgi#wsyxl#xs#xli#RI#gsvriv#sj#Wigxmsr#57#Xs{rwlmt#7#Wsyxl#Verki#<;#[iwx1##Xlirgi#{iwxivp}# epsrk#xli#rsvxl#fsyrhev}#sj#Wigxmsrw#57#erh#56/#Xs{rwlmt#7#Wsyxl#Verki#<;#[iwx#xs#xli#gsqqsr# fsyrhev}#pmri#fix{iir#Iekpi#erh#Kevjmiph#Gsyrxmiw1##Xlirgi#wsyxlivp}#epsrk#xli#gsqqsr#fsyrhev}#pmri# fix{iir#Iekpi#erh#Kevjmiph#Gsyrxmiw#xs#xli#tsmrx#sj#mrxivwigxmsr#sj#xli#{iwxivr#fsyrhev}#sj#Iekpi# Gsyrx}#erh#xli#rsvxlivr#fsyrhev}#sj#xli#Vsevmrk#Jsvo#Xverwtsvxexmsr#Eyxlsvmx}1##Xlirgi#wsyxliewxivp}# jspps{mrk#xli#rsvxlivr#fsyrhev}#sj#xli#Vsevmrk#Jsvo#Xverwtsvxexmsr#Eyxlsvmx}#xs#xli#mrxivwigxmsr#sj#xli# Vsevmrk#Jsvo#Xverwtsvxexmsr#Eyxlsvmx}#erh#xli#wsyxlivp}#fsyrhev}#sj#Iekpi#Gsyrx}1##Xlirgi#iewxivp}# epsrk#xli#wsyxlivr#fsyrhev}#sj#Iekpi#Gsyrx}#xs#xli#tsmrx#sj#mrxivwigxmsr#sj#xli#gsqqsr#fsyrhev}#pmri# sj#Iekpi/#Peoi/#erh#Wyqqmx#Gsyrxmiw1##Xlirgi#rsvxlivp}#epsrk#xli#iewxivr#fsyrhev}#sj#Iekpi#Gsyrx}#xs# xli#tsmrx#sj#svmkmr1### May 3, 2022 - Page 430 of 498 APPENDIX B-1 Town of Avon Ballot Question May 3, 2022 - Page 431 of 498 APPENDIX B-2 Beaver Creek Metropolitan District Ballot Question May 3, 2022 - Page 432 of 498 APPENDIX B-3 Town of Eagle Ballot Question May 3, 2022 - Page 433 of 498 APPENDIX B-4 Town of Gypsum Ballot Question May 3, 2022 - Page 434 of 498 APPENDIX B-5 Town of Minturn Ballot Question May 3, 2022 - Page 435 of 498 APPENDIX B-6 Town of Red Cliff Ballot Question May 3, 2022 - Page 436 of 498 APPENDIX B-7 Town of Vail Ballot Question May 3, 2022 - Page 437 of 498 APPENDIX B-8 Unincorporated Eagle County Question Ballot Question May 3, 2022 - Page 438 of 498 APPENDIX C Initial Service Goals May 3, 2022 - Page 439 of 498 Eagle Valley Transportation Authority Regional Transportation Service Goals The newly established Eagle Valley Transportation Authority, (“Authority”), shall use its best efforts to achieve the following: 1. Assume Responsibility for Existing ECO Transit Service The Authority shall assume responsibility for existing transit service as currently provided by the Eagle County Regional Transportation Authority, (“ECO Transit”), as of January 1 of the year following RTA formation. Within 12 months of RTA formation, the Authority shall develop and implement a fare- free transit zone with expanded service, to include portions of Avon, Vail, Minturn and Beaver Creek, as a replacement for ECO’s existing Vail/Beaver Creek Express service. 2. Increase Service on Current ECO Routes The Authority shall begin planning for one or more of the following enhancements, to be introduced as soon as equipment, staffing, and facilities allow: ● Increased capacity and/or service frequency on Highway 6. ● Increased all-day service frequency on Valley Route, including additional daily connections to Dotsero. ● Increased service to/from Leadville. 3. Develop and Implement New Transit Routes The Authority shall develop and implement new transit service to meet needs identified during the RTA formation process, including but not limited to: 1) Eagle-Gypsum Circulator Regular transit service connecting the Towns of Eagle and Gypsum that promotes increased circulation in/between these communities and provides efficient connection to other regional routes. 2) Limited Stop Express Service Additional rush hour express service targeting peak workforce commute hours. In addition, the Authority may explore the feasibility of offering additional regional transit services as needs are identified in future Transit Development plans. 4. Accelerate Conversion of Fleet and Facilities to Zero-Emission Operations The Authority shall take the following steps toward zero-emission operations: May 3, 2022 - Page 440 of 498 1) Conversion of ECO’s existing Highway 6 bus service to a zero-emission platform, on a timeframe that evaluates available grant funds, anticipated increases in range and performance capacity of zero-emission buses, and allocation of available Authority funds to other expenditures which may increase ridership. 2) Development of zero-emission plans, timelines, and budgets for additional routes and facilities as outlined in an initial RTA Transit Development Plan, to be created following RTA formation. 5. Invest in Transit-Related Facilities and Infrastructure The Authority shall allocate a portion of available revenues to upgrade existing facilities to support planned service expansion. In addition, funds will be set aside in a capital improvement fund to support fleet replacement and future construction of essential transit-related and transit- supportive facilities. 6. Support Local Air Service The Authority shall pledge funding in the minimum amount of $1,200,000 dollars per year to support expanded year round air service for residents and visitors of Eagle County. 7. Regional Transportation System Planning The Authority shall embark on a 5-year Transit Development Plan (TDP) as one of its first tasks upon formation. This plan should be completed within 12-18 months of the appointment of the initial Authority Executive Director. May 3, 2022 - Page 441 of 498 APPENDIX D [ ] May 3, 2022 - Page 442 of 498 Eagle Valley Transportation Authority Community update and discussion about proposed Intergovernmental Agreement May 3, 2022 | Town of Vail May 3, 2022 - Page 443 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 Regional Transportation Authorities (RTAs) •RTA is a public entity that allows two or more local governments—including counties, cities, town and metro districts—to work together to address regional transportation issues •RTA transportation services may include transit, air, roadway and other services •RTAs are governed by a board of appointed elected officials representing the partner governments and must follow open meeting and fiscal accountability and transparency laws •RTA creation must be approved by local voters •RTAs can also seek voter approval to collect tax revenue and issue bonds May 3, 2022 - Page 444 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 Background •In early 2020, Eagle County business community engaged local governments to find better ways to address transportation needs for workforce, residents and visitors •Looking at the Roaring Fork Transit Authority (RFTA) and other examples, conversation turned toward feasibility of Regional Transportation Authority (RTA) to enhance and expand transit and transportation services across this region •COVID-19 pandemic put this conversion on hold •Eagle County; the towns of Avon, Eagle, Gypsum, Minturn, Red Cliff and Vail; and Beaver Creek Metro District—along with business and nonprofit partners—have renewed collaborative work toward improving regional transportation May 3, 2022 - Page 445 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 RTA Formation Participants •Collaborative process between local governments •Support and input from stakeholders, including employers, nonprofits, metro districts, community members •Began formally in fall 2021 with approval of Memorandum of Understanding •Agreement that was approved by eight local governments that set tasks (IGA and service goals), membership, financial resources and oversight •Formation Committee—Elected officials representing each community; responsible for IGA, future ballot language, tax/funding amounts •Technical Committee—Government staff, transit directors, business partners, others who are working on service goals, cost estimates and other tasks •Stakeholder Committee—Community members who provide diverse backgrounds to help offer feedback and additional points of view on transit needs May 3, 2022 - Page 446 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 Reasons to Consider an RTA •Eagle County’s population is growing, our resorts have continued to be world class destinations and visitors continue to visit to this region •Growth provides economic opportunities for many, but also strains our region’s housing and transportation systems •As we emerge from the pandemic, it’s time to work on collaborative solutions to increase transit and transportation options •Doing this will support our workforce; help Eagle County residents get to work, home and school safely; and for visitors to enjoy their Eagle County experience •Transportation is a regional issue requiring a truly regional solution •RTA can support our shared climate goals and prepare our communities for the next 10 to 20 years May 3, 2022 - Page 447 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 RTA Timeline April/May: Public hearings by local governments on IGA April/May: Benchmark public survey May/June:First phase of public engagement May 27: RTA IGA referred to CDOT for review and comment (90 days comment period) August: Local governments to consider final version of IGA and resolution to refer to election August: Second phase of public engagement Sept. 9: Last day to refer ballot question to Nov. 2022 election Sept. to Nov.Campaign phase Nov. 8 : Election day May 3, 2022 - Page 448 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 Establishing an RTA •Creation of an RTA is a formal process defined in state law •Local governments involved must work together to create an intergovernmental agreement (IGA)—a legal document that sets forth the governance, service goals and other key operating provisions of the RTA •“Charter” document must be agreed upon by the elected councils and boards in each community •Ultimately, voters must agree to the formation of the RTA and any taxing or bonding requests made to provide funding for the RTA’s services and operations •IGA process requires two separate public hearings to be held in each jurisdiction considering adopting the IGA •Feedback from council and public will be shared with the RTA formation committee to help address local community needs and concerns May 3, 2022 - Page 449 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 Intergovernmental Agreement (IGA) •IGA establishes a Board of Directors that consists of one elected official from each member entity •Action by the Board must be approved by a two-thirds majority of the Board, except for certain more procedural actions, such as setting meetings •Each member also appoints an alternative director who also is an elected official and participates when the primary member is unavailable •Contemplates funding for RTA, including: •0.5% sales and use tax within the boundaries of authority •Pledging Eagle County’s existing 0.5% transportation sales tax (to be used on ECO Transit services) •Potential 1% Visitor Benefit Tax within the boundaries of the Authority •Discretionary member contributions •Federal and State grants May 3, 2022 - Page 450 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 Proposed RTA Boundaries May 3, 2022 - Page 451 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 Intergovernmental Agreement (IGA) •Provides RTA all available statutory powers and specific responsibilities, including: •Assuming ECO Transit services (subject to a transition plan to be developed) •Annual short-and long-term transportation planning for the Eagle Valley •State and federal coordination for grant funding and regional transit •Contracting for transit services and build transportation infrastructure •Maintaining regional trails and pedestrian infrastructure •Supporting increased commercial air service •Operating and funding specific initial projects, including: •Developing a fare-free transit zone with expanded service, to include portions of Avon, Vail, Minturn and Beaver Creek •Increasing other current ECO Transit service, including on Highway 6, Dotsero, and Leadville •Implementing new transit routes , including an Eagle-Gypsum circulator and additional peak workforce commute hour express service •Accelerating zero-emission transition May 3, 2022 - Page 452 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 Intergovernmental Agreement (IGA) •IGA establishes key procedures for RTA moving forward: •Requires that each member hold an election to be included •As drafted, Avon, Beaver Creek, Eagle County and Vail must vote yes, or the RTA will not be formed and IGA will terminate•Provides pathway for members to leave RTA and for new members to join: •Members may withdraw by vote of the electors •Members may be added with Board approval and a vote of the electors within the boundaries of the new member•States that RTA may be terminated by unanimous agreement of the members, provided no bonds are outstanding•Allows IGA to be amended by unanimous vote of the member governments, minus one May 3, 2022 - Page 453 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 RTA and IGA Feedback •Input and feedback are critical to ensuring that this RTA proposal meets transportation needs and addresses concerns of our communities •Invite public, elected officials, business owners and employers, nonprofits and all community members to provide feedback at: EagleCountyRTA.org/feedback May 3, 2022 - Page 454 of 498 Service Goals May 3, 2022 - Page 455 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 RTA Service Goals •Comprehensive, multi-modal transportation enhancement and optimization •Benefit residents with enhanced transit service •Benefit eagle county businesses that desire effective transit for employees •Improve the visitor experience to maintain economic competitiveness •Increase transit ridership to reduce reliance on single occupant vehicle use •Regional representation with a comprehensive, long-range planning view •Overall intent is to maintain, enhance and expand current ECO transit service May 3, 2022 - Page 456 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 RTA Service Goals 1. Enhance Existing Regional Transit Service •Assume responsibility for existing transit service as currently provided by ECO Transit •Develop and implement a fare-free transit zone with expanded service, which may include all or portions of Avon, Vail, Minturn and Beaver Creek, to better meet both visitor and workforce needs, reduce congestion, and limit parking demand •Planning for more enhancements to ECO Transit routes be introduced as soon as equipment, staffing, and facilities allow May 3, 2022 - Page 457 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 RTA Service Goals 2. Develop and Implement New Routes •Within 12 months of Authority establishment: •Eagle-Gypsum Circulator Service •Limited Stop Express Service targeting peak workforce commute hours •Explore feasibility of offering additional regional services that may be identified by the RTA May 3, 2022 - Page 458 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 RTA Service Goals 3. Accelerate Conversion to Zero-Emission Operations •Conversion of ECO’s existing Highway 6 bus service to a zero-emission platform •Complete conversion to zero emission buses is anticipated to occur between 5 to 10 years (2028 to 2033) •Development of zero-emission plans, timelines and budgets for additional routes and facilities as outlined in an initial RTA Transit Development Plan, to be created following RTA formation May 3, 2022 - Page 459 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 RTA Service Goals 4. Invest in Transit-Related Facilities & Infrastructure •Allocate a portion of available revenues to upgrade existing facilities to support planned service expansion •Funds will be set aside in a capital improvement fund to support fleet replacement and future construction of essential transit-related and transit-supportive facilities 5. Support Local Air Service •Pledge approximately $1.2M per year to support expanded year-round air service for residents and visitors of Eagle County to replace existing Air Alliance contributions, returning funds back to local governments May 3, 2022 - Page 460 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 RTA Service Goals 6. EGE Airport Interchange •Provide financial support for the construction of an EGE Airport Interchange by committing matching funds to be combined with other local funds if there are sufficient state and federal grant funds awarded for the construction of the EGE Airport Interchange 7. Develop & Implement First-Last Mile Solutions •Design, financially support and implement, with partnerships as appropriate, first and last mile improvements to enhance transit ridership, including park and ride facilities, bus stops, pedestrian crossings, e-bike sharing, on-demand microtransit, and community vanpool programs May 3, 2022 - Page 461 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 RTA Service Goals 8. Support Regional Trail Planning •Engage in regional trail planning, construction and maintenance with an emphasis on the provision of multi-modal linkages and first/last mile improvements to enhance transit ridership. 9.Lead Regional Transportation System Planning 10.Enhance Local, State, and Federal Coordination 11.Encourage Transportation Demand Management May 3, 2022 - Page 462 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 Potential RTA Funding Sources •Authorized Revenue Sources for RTA •up to 1 Cent Sales Tax •up to 2 Cent “Visitor Benefit Tax” (same as lodging tax or accommodations tax) •Ridership fares •Charges for Transit Services (may charge for transit service out of Transit Area) •Allowed by law but not currently under consideration •up to 5 Mill Property Tax •up to $10 per Vehicle Registration Fee•NOTE: Taxes require voter OK per TABOR May 3, 2022 - Page 463 of 498 Questions? For more information: Tanya Allen | 970-328-3533 | tanya.allen@eaglecounty.us Bill Ray | 303-885-1881 | bill@wr-communications.com May 3, 2022 - Page 464 of 498 Eagle Valley Transportation Authority Community Update May 3, 2022 Community Engagement •Community engagement and feedback are important parts of the RTA process •Formation process includes a Stakeholder Committee of organizations and individuals that speak for the diverse community, business, nonprofit, educational, environmental, resident and other interests of the region •Stakeholder Committee meets regularly to provide feedback from a broader, non- transportation perspective •Conducting polling, hosting events in spring and summer, visiting with local governments, boards and commissions May 3, 2022 - Page 465 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 8, S eries of 2022, an Ordinance Repealing and Reenacting Title 10, Chapter 1 of the Vail Town Code and Adopting by Reference the 2021 E ditions of the I nternational B uilding Code, I nternational Residential Code, I nternational F ire Code, I nternational E nergy Conservation Code, I nternational Plumbing Code, I nternational Fuel Gas Code, I nternational Mechanical Code, I nternational E xisting B uilding Code, and the 2020 Edition of the National electrical Code, with Amendments; and A dopting the 1997Edition of the Uniform Code for the A batement of Dangerous Buildings, with Amendments. P RE S E NT E R(S ): C J J arecki, Chief Building Official AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments, or deny Ordinance Number 8, Series of 2022. B AC K G RO UND: The building codes are updated on a three-year cycle after an extensive, 3- step code development process in which all interested and affected parties may participate. T his allows for the codes to stay current with continually changing laws, practices and technology that affect the construction industry. S TAF F RE C O M M E ND AT IO N: A pprove Ordinance Number 8, Series of 2022 as submitted. AT TAC H ME N TS: Description Staff Memorandum Ordinance No. 8, Series of 2022 May 3, 2022 - Page 466 of 498 Town of Vail Page 1 TO: Vail Town Council FROM: Community Development Department Fire Department DATE: May 3, 2022 SUBJECT: Ordinance No. 8, Series of 2022, Title 10 – Building and Fire Code Update I. SUMMARY The purpose of this memorandum is to provide information to the Vail Town Council regarding repealing and reenacting Title 10, Chapter 1 of the Vail Municipal Code through adoption of the latest editions of the building codes as amended and recommended by staff and the Building and Fire Code Appeals Board (BFCAB). The members of the Board making this recommendation are: Mark J. Mueller, PE (Chair) Structural Engineer Kathy Langenwalter, RA (Vice-chair) Architect Rollie Kjesbo General Contractor Steve Loftus Contractor/Engineer Mark Hallenbeck General Contractor Gerry Meremonte, RA Architect Brandon Chalk, PE Mechanical Engineer To ensure the health, safety and general welfare of the public and promote the coordinated development of the Town in a manner that conserves and enhances its natural environment and established character as a premiere resort and residential community, there is a need to maintain an updated set of building codes. The comprehensive set of codes proposed establishes minimum regulations for the design and construction of building systems through requirements that emphasize performance. II. BACKGROUND The building codes are updated on a three-year cycle after an extensive, 3-step code development process in which all interested and affected parties may participate. This allows for the codes to stay current with continually changing laws, practices and technology that affect the construction industry. May 3, 2022 - Page 467 of 498 Town of Vail Page 2 The BFCAB has held public meetings over the past ten months comparing the previously adopted building codes and amendments to the newly published 2021 building codes for the purpose of recommending the adoption of the newer codes to Town Council. The Board has revised some amendments within the Town’s current code that are out of date with current technology, to better align with this Council’s vision for the future of the community, and to maintain compliance with State of Colorado Requirements. The Board has also added provisions that address construction practices that are unique to our mountain community. The BFCAB has unanimously approved Ordinance No. 8, Series of 2022, for consideration by Town Council. Town of Vail staff are also in support of this recommendation. III. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2022 upon first reading. IV. DESCRIPTION OF REQUEST Staff is requesting council’s direction on two specific items – the Wildland Urban Interface amendment and the package of “stretch-code” amendments that included EV charging, solar readiness and electrification readiness. If you’ll recall, we discussed these items during the afternoon session and can make whatever change this council deems necessary for 2nd reading. If approved, the effective adoption date of the code updates shall be July 5, 2022. This will allow for a minimum of two code-update training session for members of the building and construction community prior to implementation. V. ATTACHMENTS A. Ordinance No. 8, Series of 2022 May 3, 2022 - Page 468 of 498 1 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX ORDINANCE NO. 8 SERIES OF 2022 AN ORDINANCE REPEALING AND REENACTING TITLE 10, CHAPTER 1 OF THE VAIL TOWN CODE AND ADOPTING BY REFERENCE THE 2021 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL EXISTING BUILDING CODE AND THE 2020 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS; AND ADOPTING THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, WITH AMENDMENTS WHEREAS, the 2021 editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code; and the 2020 Edition of the National Electrical Code; and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings have been published; WHEREAS, the adoption and use of the 2020 edition of the National Electrical Code is required by the State of Colorado; WHEREAS, the 2018 International Codes currently adopted by the Town of Vail lack the updates contained within in the 2021 International Codes that address modern construction means, methods, safety improvements, and code clarity; and WHEREAS, the Town's Building and Fire Code Appeals Board has recommended adoption of the codes as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 1 of Title 10 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 10-1-1: CODES ADOPTED BY REFERENCE: The following codes are hereby adopted by reference, as amended. Copies shall be available for inspection at the office of the Town Clerk during regular business hours and can be viewed online at www.iccsafe.org and www.vailgov.com: A. The International Building Code, 2021 edition, including Appendices B, E, G, J, K, and O published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. May 3, 2022 - Page 469 of 498 2 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX B. Chapters 1-10 of The International Residential Code, 2021 edition, including Appendices AF, AJ and AV, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. C. The International Fire Code, 2021 edition, including Appendices A, B, C, D, E, F, G, H, I, J, and N published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. D. The International Energy Conservation Code, 2021 edition, including Appendices CA and RA, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. E. The International Plumbing Code, 2021 edition, including Appendices C and F, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. F. The International Fuel Gas Code, 2021 edition, including Appendix E, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. G. The International Mechanical Code, 2021 edition, including Appendix C, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. H. The International Existing Building Code, 2021 edition, including Appendix D, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. I. NFPA 70 - The National Electrical Code, 2020 Edition, published by the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, MA 02269. J. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA 90601-2298. 10-1-2: AMENDMENTS TO THE INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the International Building Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Building Code. Section 101.4 is amended to read as follows: 101.4 Referenced codes. The codes specified in Sections 101.4.1-101.4.7 and referenced elsewhere in this code shall not be considered a part of this code unless specifically adopted. Section 103.1 is amended to read as follows: 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The May 3, 2022 - Page 470 of 498 3 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX function of this agency shall be the implementation, administration, and enforcement of this code. Section 105.2, item 14 of the Building portion, is amended to read as follows: 14. Decks not exceeding 200 sq/ft (18.6 m2) in area, not more than 30 inches (762 mm) above grade at any point and are not part of a means of egress or accessible route. Section 110.3.10 is amended to read as follows: 110.3.10 Other Inspections. In addition to the inspections specified in Sections 110.3.1-110.3.9, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with this code and any other Town code, standard, requirement or regulation. Section 202 is amended by the addition of the following definitions: ACCESSORY STRUCTURE. A structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. FIRE CHIEF. The Vail Fire Chief or designee. FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a structure to safeguard against the spread of fire within a structure and the spread of fire to or from structures to the wildland-urban interface area. IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames, as prescribed in Chapter 7A. IGNITION-RESISTANT CONSTRUCTION. As described in Section 7A06, the schedule of additional requirements for construction in wildland-urban interface areas based on fire hazard levels. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is at least 6 inches (152 mm). NONCOMBUSTIBLE. A building construction material that, in the form in which it is used, is either: 1. Material of which no part will ignite and burn when subjected to fire (any material conforming to ASTM E136 shall be considered noncombustible); or May 3, 2022 - Page 471 of 498 4 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX 2. Material having a structural base of noncombustible material as defined in Item 1 above, with a surfacing material not over 1/8 inch (3.2 mm) thick, which has a flame spread index of 50 or less. "Noncombustible" does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall conform to item 1 above. No material shall be classified as noncombustible that is subject to increase in combustibility or flame spread index, beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. SAFETY COVER. A structure, fabric or assembly, along with attendant appurtenances and anchoring mechanisms, that is temporarily placed or installed over an entire pool, spa or hot tub and secured in place after all bathers are absent from the water. UNENCLOSED ACCESSORY STRUCTURE. An accessory structure without a complete exterior wall system enclosing the area under the roof or floor above. WILDLAND-URBAN INTERFACE AREA. That geographical area, as depicted and defined in the Community Wildfire Protection Plan, where structures and other human development meets or intermingles with wildland or vegetative fuels. CHAPTER 7A is added as follows: CHAPTER 7A FIRE-RESISTIVE CONSTRUCTION 7A01 GENERAL 7A01.1 Scope. This Chapter shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure, or premises into or within the wildland-urban interface areas of the Town. Exceptions: 1. Additions or alterations less than 500 gross sq/ft in size. 2. Repair or replacement of less than 25% of a deck surface or structure. 3. Repair or replacement of less than 25% of the exterior siding of a structure. 4. Accessory structures not exceeding 120 sq/ft in floor area where located not less than 30 feet from buildings containing habitable spaces. 5. Agricultural buildings located not less than 30 feet from buildings containing habitable spaces. 7A01.2 Objectives. Because the unrestricted use of property in wildland- urban interface areas is a potential threat to life and property from fire and May 3, 2022 - Page 472 of 498 5 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX resulting erosion, the objectives of this Chapter are to establish minimum regulations consistent with nationally recognized good practice for the safeguarding of life and for property protection, and to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. These regulations are intended to be tiered commensurate with the relative level of hazard present. This Chapter supplements the Town's codes to provide for special regulations to mitigate fire and life-safety hazards in the wildland-urban interface areas. 7A01.3 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with the requirements of this chapter; provided that the addition or alteration conforms to that required for a new building or structure. 7A02 APPLICABILITY 7A02.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. Where, in any specific case, different sections of this Chapter specify different materials, methods of construction or other requirements, the most restrictive shall apply. 7A02.2 Existing conditions. The legal occupancy or use of any structure or condition existing on the date of adoption of this Chapter shall be permitted to continue without change, except as is specifically governed by the International Fire Code. 7A03 COMPLIANCE ALTERNATIVES 7A03.1 Practical difficulties. Where there are practical difficulties involved in carrying out provisions of this Chapter, the building official or fire chief are authorized to grant modifications for individual cases upon application, in writing, by the owner or owner’s authorized agent. The building official or fire chief shall first find that a special individual reason makes enforcement of this Chapter impractical, that the modification is in conformance to the intent and purpose of this Chapter, and that the modification does not lessen any fire protection requirements or any degree of structural integrity. 7A03.2 Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the building official or fire chief, the building official or fire chief are authorized to require the owner, the owner's authorized agent or the person in possession or control of the building or premises to provide, without charge to the Town, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory, or fire safety specialty organization acceptable to the code official and the May 3, 2022 - Page 473 of 498 6 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX owner or the owner's authorized agent, and shall analyze the fire safety of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management for purposes of establishing fire hazard severity to recommend necessary changes. 7A03.3 Alternative materials or methods. This Chapter is not intended to prevent the use of any material, design or method not specifically prescribed by this Chapter, provided that any such alternative is approved. An alternative material, design or method shall be approved where the building official and fire chief find that the proposed design is satisfactory and complies with the intent of this Chapter, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this Chapter in quality, strength, effectiveness, fire resistance, durability, and safety. If an alternative material, design or method is not approved, the building official or fire chief shall provide written reasons as to why the alternative was not approved. 7A04 SPECIAL CONSTRUCTION REGULATIONS 7A04.1 General. Structures shall be constructed in accordance with this Section, unless previously exempted in Section 7A01.1. 7A04.2 Fire-resistance-rated construction. Where this Chapter requires 1-hour fire-resistance-rated construction, the fire-resistance rating of building elements, components or assemblies shall be determined in accordance with the test procedures set forth in ASTM E 119 or UL 263. Exceptions: 1. The fire-resistance rating of building elements, components or assemblies based on the prescriptive designs prescribed in Section 721. 2. The fire-resistance rating of building elements, components or assemblies based on the calculation procedures in Section 722. 7A05 IGNITION-RESISTANT MATERIAL 7A05.1 General. Structures hereafter constructed, modified, or relocated into or within wildland-urban interface areas shall meet the requirements of Section 7A06. Materials required to be ignition-resistant shall comply with the requirements of Section 7A05.2. 7A05.2 Ignition-resistant building materials. Ignition-resistant building materials shall comply with any one or more of the following: 1. Material shall be tested on all sides with the extended ASTM E 84 (UL 723) test or ASTM E 2768, except panel products shall be permitted to test only the front and back faces. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in accordance with the test procedures set forth in ASTM E 84 or UL 723 for a test period of 30 minutes, or with ASTM E 2768, comply with the following: May 3, 2022 - Page 474 of 498 7 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX 1.1. Flame spread. Material shall exhibit a flame spread index not exceeding 25 and shall not show evidence of progressive combustion following the extended 30-minute test. 1.2. Flame front. Material shall exhibit a flame front that does not progress more than 10½ feet (3200 mm) beyond the centerline of the burner at any time during the extended 30-minute test. 1.3. Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this section under conditions of use. Materials shall meet the performance requirements for weathering (including exposure to temperature, moisture, and ultraviolet radiation) contained in the following standards, as applicable to the materials and the conditions of use: 1.3.1. Method A "Test Method for Accelerated Weathering of Fire- Retardant-Treated Wood for Fire Testing" in ASTM D 2898, for fire- retardant-treated wood, wood- plastic composite and plastic lumber materials. 1.3.2. ASTM D 7032 for wood-plastic composite materials. 1.3.3. ASTM D 6662 for plastic lumber materials. 1.4. Identification. Materials shall bear identification showing fire test results. Exceptions: 1. Materials composed of a combustible core and a noncombustible exterior covering, made from either aluminum at a minimum 0.019-inch (0.48 mm) thickness or corrosion-resistant steel at a minimum 0.0149-inch (0.38 mm) thickness shall not be required to be tested with a ripped or cut longitudinal gap. 2. Noncombustible material. Material that complies with the requirements for noncombustible materials. 3. Fire-retardant-treated wood. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2. 4. Materials meeting the following standards of quality. 4.1. SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing. A fire resistance test standard consisting of a 150 kW intensity direct flame exposure for a 10-minute duration. 4.2. SFM Standard 12-7A-3, Horizontal Projection Underside. A fire resistance test standard consisting of a 300kW intensity direct flame exposure for a10-minute duration. 4.3. SFM Standard 12-7A-4, Decking. A two-part test consisting of a heat release rate (Part A) deck assembly combustion May 3, 2022 - Page 475 of 498 8 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX test with an under-deck exposure of 80 kW intensity direct flame for a 3-minute duration and a (Part B) sustained deck assembly combustion test consisting of a deck upper surface burning ember exposure with a 12 mph wind for 40 minutes using a 2.2lb (1kg) burning "Class A" size 12"x12"x2.25" (300mm x 300mm x 57mm) roof test brand. 4.4. SFM Standard 12-7A-4A, Decking Alternate Method A. A heat release deck assembly combustion test with an under- deck exposure of 80kW intensity direct flame for a 3-minute duration. 4.5. SFM Standard 12-7A-5, Ignition-resistant Material. A generic building material surface burning flame spread test standard consisting of an extended 30-minute ASTM E84 or UL 723 test method as is used for fire-retardant-treated wood. 5. Exterior Windows. Dual or triple pane windows that meet the requirements of the International Energy Conservation Code. 7A06 IGNITION-RESISTANT CONSTRUCTION 7A06.1 General. Ignition-resistant construction shall comply with Sections 7A06.2-7A06.11. 7A06.2 Roof covering. All roof coverings shall comply with Chapter 15 of this code. 7A06.2.1 Roof valleys. Where provided, valley flashings shall be not less than 0.019 inches (0.48 mm) (No. 26 galvanized sheet gage) corrosion- resistant metal installed over a minimum 36 inch (914 mm) wide underlayment consisting of one layer of 72 pound (32.4 kg) mineral- surfaced, non-perforated cap sheet complying with ASTM D 3909 running the full length of the valley. 7A06.3 Protection of eaves. Eaves and soffits shall be protected on the exposed underside by ignition-resistant building materials or by materials approved for not less than 1 hour fire-resistance-rated construction, 2 inch (51 mm) nominal dimension lumber, or 1 inch (25 mm) nominal fire- retardant-treated wood or ¾ inch (19.1 mm) nominal fire-retardant-treated plywood, identified for exterior use and complying with Section 2303.2. Fascias are required and shall be protected on the back-side by ignition- resistant building materials or by materials approved for not less than 1- hour fire-resistance-rated construction or 2 inch (51 mm) nominal dimension lumber. 7A06.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 7A06.5 Exterior walls. Exterior walls of structures shall be constructed with one of the following methods and all such material shall extend from the top of the foundation to the underside of the roof sheathing: May 3, 2022 - Page 476 of 498 9 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX 1. Materials approved for not less than 1 hour fire-resistance- rated construction on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Ignition-resistant building materials complying with Section 7A05.2 on the exterior side. Exception: Combustible siding materials not complying with Section 7A05.2 may be used but shall not cover more than 33% of a given wall and shall not be within 5 feet of finish grade. Combustible siding which has a profile that may allow ember intrusion such as wood shake or wood shingle is prohibited. 7A06.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground with exterior walls in accordance with Section 7A06.5. Exception: Complete enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire- resistance-rated construction or heavy timber construction or fire-retardant- treated wood, if labeled for exterior use and complying with Section 2303.2. 7A06.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be not less than 1 hour fire-resistance-rated construction, heavy timber construction or constructed of one of the following: 1. Approved noncombustible materials. 2. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2. 3. Ignition-resistant building materials in accordance with Section 7A05.2. 7A06.8 Exterior doors. Exterior doors shall be constructed of approved noncombustible materials, standard solid core wood not less than 1¾ inches thick (44 mm) or have a fire protection rating of not less than 20 minutes. Tempered glass doors are permissible. Exception: Vehicle access doors. 7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches (0.0929 m2) each and shall be covered with noncombustible corrosion-resistant materials with openings not to exceed ¼ inch (6.4 mm) or perforated noncombustible materials with perforations not to exceed ¼ inch (6.4 mm), or shall be designed and approved to prevent flame or ember penetration into the structure. May 3, 2022 - Page 477 of 498 10 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX 7A06.9.1 Vent locations. Attic ventilation openings shall not be located in the inner two thirds of soffits, eave overhangs, or other overhang areas. Gable end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical. 7A06.10 Detached accessory structures. Detached accessory structures located less than 30 feet (15,240 mm) from a building containing habitable space shall have exterior walls constructed with materials approved for not less than 1-hour fire-resistance-rated construction, heavy timber, log wall construction, or constructed with approved noncombustible materials or ignition resistant building materials in accordance with Section 7A05.2. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2. 7A06.10.1 Underfloor areas. Where the detached accessory structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10%, the area below the structure shall have underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 7A06.5 or underfloor protection in accordance with Section 7A06.6. Exception: Enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy-timber construction or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and comply with Section 2303.2. 7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues, incinerators, or decorative heating appliances in which solid or liquid fuel is used shall include a spark arrester constructed of woven or welded wire screening of 12 USA standard gage wire (0.1046 inch, 2.66 mm) having openings not exceeding ½ inch (12.7 mm). The net free area of the spark arrester shall be not less than 4 times the net free area of the outlet of the chimney. Section 1505.1 is amended to read as follows: 1505.1 General. All roof assemblies and roof coverings shall be Class A. Wood shakes and shingles are prohibited unless exempted for replacement or repair as defined in Section 1505.1.1. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers or have one layer of 72-pound (32.4 kg) mineral-surfaced non-perforated cap sheet complying with ASTM D3909 installed over the combustible decking. Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610. Section 1505.1.1 is added as follows: May 3, 2022 - Page 478 of 498 11 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX 1505.1.1 Replacement or repair. Each structure with a nonconforming roof covering or roof assembly shall be allowed one replacement or repair of 25% or less of the roof area. Replacement or repair in excess of 25% or a second replacement or repair of the roof covering or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. Emergency repairs of less than 10 sq/ft shall not be subject to the 25% rule. Table 1505.1 is deleted. Sections 1505.3, 1505.4, 1505.5, 1505.6, and 1505.7 are deleted. Section 1507.1.2 is amended to read as follows: 1507.1.2 Ice barriers. Ice barriers shall be installed for all shingle types, metal roof panels and mineral-surfaced roll roofing. The ice barrier shall consist of not less than two layers of underlayment cemented together, or a self-adhering polymer modified bitumen sheet shall be used in place of normal underlayment. The ice barrier shall completely cover all roof surfaces. Exception: Detached accessory structures that do not contain conditioned floor area. Sections 1507.8 and 1597.9 are deleted. Section 1511.7.6 is added as follows: 1511.7.6 Snow retention devices. New roof assemblies shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, stairways, sidewalks, streets, alleys, pedestrian and vehicle exits from buildings, areas directly above or in front of utility meters, and adjacent properties. Snow retention devices shall be designed by a registered design professional or as approved by the building official. Exception: Roof areas with a horizontal projection of less than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to the intersecting wall surface. Section 1603.2 is added as follows: 1603.2 Boulder or rock walls. Boulder or rock walls with a height greater than 4 feet (1219 mm) shall be designed by a registered design professional and comply with Section 1603.1. Section 1604.1.1 is added as follows: 1604.1.1 Hazard areas. All new construction and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazard areas shall be designed in compliance with Title 12, Chapter 21 of the Vail Town Code. Section 1608.1 is amended to read as follows: May 3, 2022 - Page 479 of 498 12 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX 1608.1 General. Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, and design roof loads shall be not less than that determined by Section 1608.2. Section 1608.2 is amended to read as follows: 1608.2 Ground and roof snow loads. The ground snow loads to be used in determining the design snow loads shall be 142 pounds per sq/ft. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a snow load of 100 pounds per sq/ft. 2. Roof pitches of 4:12 and greater shall be designed to carry a snow load of 80 pounds per sq/ft. All structures shall be designed in accordance with accepted engineering practice for non-slippery roof surfaces. Snow loads for decks and exterior balconies shall be as required for roofs. Section 1612.3 is amended to read as follows: 1612.3 Flood hazard areas. The Town has adopted a flood hazard map including areas of special flood hazard as identified by FEMA in the report entitled "The Flood Insurance Study for The Town of Vail" dated December 2007, as amended, with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data. The flood hazard map and supporting data are hereby adopted by reference. Section 2111.1 is amended to read as follows: 2111.1 General. The construction of masonry fireplaces, consisting of concrete or masonry, shall comply with this Section and Title 5, Chapter 3 of the Vail Town Code. Section 2902.2, Exception 2 is amended to read as follows: 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 30 or fewer. Section 2902.2, Exception 4 is deleted. Section 3107.1 is amended to read as follows: 3107.1 General. Signs shall be designed, constructed and maintained in accordance with this code and Title 11 of the Vail Town Code. Section 3109 is amended to read as follows: SECTION 3109 SWIMMING POOLS, SPAS AND HOT TUBS 3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with the requirements of Sections 3109.2-3109.5, other applicable sections of this code, and the Colorado Department of May 3, 2022 - Page 480 of 498 13 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX Public Health and Environment (CDPHE) Water Quality Control Division standard 5 CCR 1003-5. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot tubs or pools are located shall be exempt from Sections 3109.2-3109.6. 3109.2 Public and semi-public swimming pools. Public and semi-public swimming pools shall be completely enclosed by a barrier not less than 60 inches (1524 mm) in height and shall comply with Sections 3109.4-3109.6. 3109.3 Private swimming pools. Private swimming pools shall be completely enclosed by a barrier not less than 48 inches (1524 mm) in height and shall comply with Sections 3109.4-3109.6. 3109.4 Barriers. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm). 3109.4.1 Openings. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. 3109.4.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions, except for normal construction tolerances and tooled masonry joints. 3109.4.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the barrier. Spacing between vertical members shall be not greater than 1¾ inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1¾ inches (44 mm) in width. 3109.4.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1¾ inches (44 mm) in width. 3109.4.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2¼ inch (57 mm) square unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 1¾ inches (44 mm). May 3, 2022 - Page 481 of 498 14 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX 3109.4.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 1¾ inches (44 mm). 3109.4.7 Clear zone. Where any equipment, including pool equipment, are on the same lot as a pool or spa and such equipment is located outside of the barrier protecting the pool or spa, such equipment shall be located not less than 36 inches (914 mm) from the outside of the barrier. 3109.4.8 Doors and gates. Access doors or gates shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self- latching device. Doors or gates other than pedestrian access doors or gates shall have a self-latching device. If the release mechanism of the self- latching device is located less than 54 inches (1372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more below the top of the door or gate, and the door or gate and barrier shall be without openings greater than ½ inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 3109.4.9 Structure wall as barrier. Where a wall of a structure serves as part of the barrier, one of the following shall apply: 1. Doors, gates and operable windows with direct access to the pool through the wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be accessible units, Type A units or Type B units, the alarm deactivation switch(es) shall be located not less than 54 inches (1372 mm) above the finished floor. In dwellings required to be Accessible units, Type A units or Type B units, the alarm deactivation switch(es) shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor. In structures other than dwellings, the alarm deactivation switch(es) shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor. 2. A safety cover that is listed and labeled in accordance with ASTM F1346 is installed for the pools and spas. 3. An approved means of protection, such as self-closing doors with self-latching devices, that provides a degree of protection that is not less than the protection afforded by Item 1 or 2. 3109.4.10 Pool structure as barrier. Where an above-ground pool structure is used as a barrier or the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Section 3109.4.1-3109.4.8. Where the ladder or May 3, 2022 - Page 482 of 498 15 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch (102 mm) diameter sphere. 3109.5 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.9. 3109.6 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb over the barriers. 3109.7 Entrapment avoidance. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7. 10-1-3: AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE: The following amendments are hereby made to the International Residential Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Residential Code. Section R105.2, Item 10 in the Building portion, is amended to read as follows: 10. Decks not exceeding 200 sq/ft (18.6 m2) in area, not more than 30 inches (762 mm) above grade at any point, and not serving the exit door required by Section R311.4. Section R109.1.5 is amended to read as follows: R109.1.5 Other inspections. In addition to inspections in Sections R109.1.1-R109.1.4, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with this code and any other Town code, standard, requirement or regulation. Table R301.2 is amended to read as follows: CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND SNOW LOADo WIND DESIGN SEISMIC DESIGN CATEGORYf SUBJECT TO DAMAGE FROM ICE BARRIER UNDERLAYMENT REQUIREDh FLOOD HAZARDSg AIR FREEZING INDEXi MEAN ANNUAL TEMPj Speedd (mph) Topographical effectsk Special wind regionl Windborne debris zonem Weatheringa Frost line depthb Termitec 140 115 NO NO NO B SEVERE 48" None to Slight YES, 100% - 2500 37.40 MANUAL J DESIGN CRITERIAn Elevation Altitude correction factore Coincident wet bulb Indoor winter design relative humidity Indoor winter design dry-bulb temperature Outdoor winter design dry- bulb temperature Heating temperature difference 8150' .745 540 30% 700 -50 750 Latitude Daily Range Indoor summer design relative humidity Summer design gains Indoor summer design dry-bulb temperature Outdoor summer design dry-bulb temperature Cooling temperature difference 39.640 N H 50% -33 to -53 750 820 70 Section R301.2.3 is amended to read as follows: May 3, 2022 - Page 483 of 498 16 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX R301.2.3 Snow loads. The ground snow loads to be used in determining design snow loads shall be 142 pounds per sq/ft. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a snow load of 100 pounds per sq/ft. 2. Roof pitches of 4:12 and greater shall be designed to carry a snow load of 80 pounds per sq/ft. All buildings and structures shall be designed in accordance with accepted engineering practice for non-slippery roof surfaces. Snow loads for decks and exterior balconies shall be as required for roofs. Section 311.7.11, Exception is amended to read as follows: Exception: Alternating tread devices are allowed to be used as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross sq/ft (18.6 m2) or less where an emergency escape and rescue opening is provided for the area served and such devices do not provide exclusive access to a kitchen or bathroom. Section R311.7.12, Exception is amended to read as follows: Exception: Ships ladders are allowed to be used as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross sq/ft (18.6 m2) or less where an emergency escape and rescue opening is provided for the area served and such devices do not provide exclusive access to a kitchen or bathroom. Section R313.1, Exception is amended to read as follows: Exception: An automatic sprinkler system is required when a Level 3 alteration, as classified by the Vail Existing Building Code, occurs to a townhouse unit that is 3600 sq/ft or greater, including attached garages. Existing townhouses that are 3600 sq/ft or more may add up to 100 sq/ft of floor area without triggering the sprinkler retrofit requirement. This exemption may only be taken once and does not include a detached garage. Section R313.1.1 is amended to read as follows: R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with NFPA 13D, NFPA 13R or NFPA 13 standards and Vail Fire and Emergency Services sprinkler installation standards. Section R313.2, Exception is amended to read as follows: Exception: An automatic sprinkler system is required when a Level 3 alteration, as classified by the Vail Existing Building Code, occurs to a one- or two-family dwelling that is 3,600 sq/ft or greater, including attached garages. May 3, 2022 - Page 484 of 498 17 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX Existing one- or two-family dwellings of 3600 sq/ft or more may add up to 100 sq/ft of floor area without triggering the sprinkler retrofit requirement. This exemption may only be taken once. This does not include a detached garage. For purposes of this Section, a two-family dwelling shall be considered two separate structures. Section R313.2.1 is amended to read as follows: R313.2.1 Design and installation. Automatic residential fire sprinkler systems for one- and two-family dwellings shall be designed and installed in accordance with NFPA 13D, NFPA 13R or NFPA 13 standards and Vail Fire and Emergency Services sprinkler installation standards. Section R315.2 is amended to read as follows: R315.2 Where required. Carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.2.1 is amended to read as follows: R315.2.1 New construction. For new construction, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.3 is amended by the addition of the following text: In addition to the above locations, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.7 is amended to read as follows: R315.7 Carbon monoxide detection systems. Carbon monoxide detection systems shall be permitted to be used in lieu of carbon monoxide alarms and shall comply with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.7.2 is amended to read as follows: R315.7.2 Location. Carbon monoxide detectors shall be installed in accordance with Section R315.3. Section R327.1 is amended to read as follows: R327.1 General. The design and construction of swimming pools and spas shall comply with Section 3109 of the Vail Building Code. Section R329.2 is amended to read as follows: R329.2 Installation. The installation of stationary engine generators shall be in an approved location and in accordance with the listing, the manufacturer's installation instructions and NFPA 70. May 3, 2022 - Page 485 of 498 18 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX Section R507.2.1 is amended by the addition of the following exception: Exception: An approved flashing detail in accordance with Section R507.2.4 that prevents moisture and water accumulation on member surfaces and joints may be utilized in-lieu of preservative-treated materials. Section R902.1 is amended to read as follows: R902.1 Roofing materials. All roof assemblies and roof coverings shall be Class A. Wood shakes and shingles are prohibited unless exempted for replacement or repair as defined in Section 1505.1.1. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers or have one layer of 72-pound (32.4 kg) mineral-surfaced non- perforated cap sheet complying with ASTM D3909 installed over the combustible decking. Section R902.1.1 is added as follows: R902.1.1 Replacement or repair. Each structure with a nonconforming roof covering or roof assembly shall be allowed one replacement or repair of 25% or less of the roof area. Replacement or repair in excess of 25% or a second replacement or repair of the roof covering or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. Emergency repairs of less than 10 sq/ft are not subject to the 25% rule. For purposes of this Section, a two-family dwelling shall be considered two separate structures. Section R902.2 is deleted. Section R903.5 is added as follows: R903.5 Snow retention devices. New roof assemblies shall be designed to prevent accumulations of snow from shedding onto areas directly above or in front of utility meters or adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as approved by the building official. Exception: Roof areas with a horizontal projection of less than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to the intersecting wall surface. Section R905.1.2 is amended to read as follows: R905.1.2 Ice barriers. Ice barriers shall be installed for all shingle types, metal roof panels and mineral-surfaced roll roofing. The ice barrier shall consist of not less than two layers of underlayment cemented together, or a self-adhering polymer modified bitumen sheet shall be used in place of normal underlayment. The ice barrier shall completely cover all roof surfaces. May 3, 2022 - Page 486 of 498 19 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX Exception: Detached accessory structures that do not contain conditioned floor area. Sections R905.7 and R905.8 are deleted. Section R1001.1 is amended to read as follows: R1001.1 General. Masonry fireplaces shall be constructed in accordance with this Section, the applicable provisions of Chapters 3 and 4 of this code, and Title 5, Chapter 3 of the Vail Town Code. Chapters 11-43 are deleted from the Vail Residential Code and replaced with the corresponding Vail Codes and the National Electrical Code. 10-1-4: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: The following amendments are hereby made to the International Fire Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Fire Code. Section 202 is amended by the addition of the following definitions: FALSE ALARM. See Title 4 of Vail Town Code. PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid fuel burning fireplace constructed of steel, concrete, clay or other non- combustible material and equipped with a screen or other approved spark arrestor, of open design or equipped with a small hearth opening and a short chimney or chimney opening in the top. Section 307.1.1 is amended to read as follows: 307.1.1 Prohibited open burning. The following burning activities are prohibited: 1. Open burning. 2. Bonfires. 3. Recreational fires. 4. The burning of any materials when a National Weather Service Red Flag Warning is activated. 5. The burning of any materials when Stage 2 or 3 fire restrictions are in place. 6. The use of portable outdoor fireplaces when Stage 2 or 3 fire restrictions are in place. Exceptions: 1. Burning conducted for training purposes by Vail Fire and Emergency Services. May 3, 2022 - Page 487 of 498 20 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX 2. If the burning is a smokeless flare or safety flare used to indicate danger to the public. 3. Open burning conducted pursuant to a permit issued by the Fire Code Official upon written application, if the Fire Code Official determines that such burning will be performed without hazard to the public health, safety or welfare. 4. Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the Fire Code Official. 5. The use of propane or natural gas appliances equipped with automatic shut-off controls. Section 307.3 is amended to read as follows: 307.3 Extinguishment authority. Where any open burning, permitted or otherwise (including the use of a portable outdoor fireplace), creates or adds to a hazardous situation or creates a nuisance or health risk due to smoke or other products of combustion, the fire shall be ordered to be extinguished by Vail Fire and Emergency Services or the Vail Police Department. Sections 307.4.1 and 3.07.4.2 are deleted. Section 307.4.3 is amended to read as follows: 307.4.3 Portable outdoor fireplaces. Use of a portable outdoor fireplace shall be permitted, subject to the following restrictions: 1. Portable outdoor fireplaces shall be equipped with a properly fitting spark screen or arrestor. 2. Portable outdoor fireplaces shall be used in accordance with manufacturer's instructions. 3. Portable outdoor fireplaces shall maintain a minimum clearance of 15 feet from any structure or other combustible materials. 4. Smoke created from a portable outdoor fireplace shall be maintained in such a manner as to avoid causing a nuisance or hazardous condition. 5. Use of a portable outdoor fireplace shall be in accordance with Section 307.5, as amended. 6. Use of a portable outdoor fireplace on short-term rental property is strictly prohibited. 7. Use of a portable outdoor fireplace is prohibited when Stage 2 or 3 fire restrictions are in place. Section 308.1.4, Exception 3 is amended to read as follows: 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 20 pounds [nominal 17-pound (0.454 kg) LP gas capacity]. May 3, 2022 - Page 488 of 498 21 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX Section 308.3.1 is amended to add: 11. Candles may only be used in constantly attended locations. Section 308.1.6.3 is amended to read as follows: 308.1.6.3 Sky lanterns. The use of sky lanterns is prohibited. Section 503.6 is amended to read as follows: 503.6 Security gates. The installation of security gates across a fire apparatus access road or driveway shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. Section 605.9 is amended to read as follows: 605.9 Gas meters. Above-ground gas meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner. Snow & ice build-up around gas and other utility meters shall be kept clear and maintained at all times. Section 903.2.10, item 2 is amended by deleting the exception. Section 903.3.1.3 is amended to read as follows: 903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems in one- and two-family dwellings and townhouses shall be installed in accordance with NFPA 13D and Vail Fire and Emergency Services installation standards. Section 903.4 is amended by deleting all exceptions. Section 907.2 is amended to read as follows: 907.2 Where required. An approved fire alarm system installed in accordance with this code, NFPA 72 and Vail Fire and Emergency Services installation standards is required in new buildings, structures, one- and two- family dwellings and townhomes in accordance with Sections 907.2.1- 907.2.23, with occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. Not fewer than one manual fire alarm box is required in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or waterflow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. May 3, 2022 - Page 489 of 498 22 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX Exceptions: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 2. The manual fire alarm box is not required for Group R-2 occupancies unless required by the Fire Code Official to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. Where provided, the manual fire alarm box shall not be located in an area that is open to the public. 3. The manual fire alarm box is not required for fire alarm systems dedicated to one- and two-family dwellings and townhouses. Section 907.2.11.2 is amended to read as follows: 907.2.11.2 Groups R-2, R-3, R-4, I-2, and all residential properties for rent or lease. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4, I-2, and all residential properties that are available for rent or lease, regardless of occupant load, in all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Section 907.4.1 is amended by the addition of the following Exception: 2. In residential installations where the control panel is located in a closet or room with no mechanical equipment. Section 907.6.6 is amended by deleting all exceptions. Section 915.1.1 is amended to read as follows: 915.1.1 Where required. Carbon monoxide detection shall be provided in Group I-1, I-2, I-4, R, one- and two-family dwellings and townhomes, and in classrooms in E occupancies in the locations specified in Section 915.2 where any of the conditions in Sections 915.1.2-915.1.6 exist. Section 1103.8 is amended to read as follows: 1103.8 Single- and multiple-station smoke alarms. Single- and multiple- station smoke alarms shall be installed in existing I-1, R, one- and two- family dwellings and townhomes in accordance with Sections 1103.8.1- 1103.8.3. Section 1103.8.1 is amended by deleting Exception 2. May 3, 2022 - Page 490 of 498 23 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX Appendix B, Section B101.1 is amended by the addition of the following: The maximum flow reduction for sprinklered buildings shall not exceed 50%. 10-1-5: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments are hereby made to the International Energy Conservation Code, 2021 Edition: Section C101.1 is amended to read as follows: C101.1 Title. These regulations shall be known as the Vail Energy Conservation Code. Section C202 is amended by the addition of the following definitions: EV-CAPABLE PARKING SPACE. A parking space for an electric vehicle (EV) with the electrical panel capacity and conduit installed to support future implementation of EV charging with a 208/240-volt (or greater), 40-ampere (or greater) circuit, and a dedicated, labeled space in the electrical panel. EV-INSTALLED PARKING SPACE. A parking space for an electric vehicle (EV) that has the EV supply equipment (EVSE) fully installed from the electrical panel to the parking space, including charging equipment. Section C405.13 is added as follows: C405.13 EV charging. EV charging capabilities and required parking spaces shall be determined according to Table C405.13. Exception: A request for a reduction in the number of required EV- installed parking spaces can be made if DC fast charging stations are installed to fulfill the requirements of this subsection. An EV parking study must be submitted to support the request and based on the findings of the analysis or study, the building official is authorized to approve a reduction in the number of required EV-installed parking spaces. Table C405.13 is added as follows: TABLE C405.13 EV PARKING SPACESa Property Type Space Requirements All commercial properties (incl. multi-family developments) 5% EV-installed parking spaces + 50% EV-capable parking spaces a. These provisions are for new construction only. Section R101.1 is amended to read as follows: R101.1 Title. These regulations shall be known as the Vail Energy Conservation Code. Section R202 is amended by the addition of the following definitions: May 3, 2022 - Page 491 of 498 24 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX EV-CAPABLE PARKING SPACE. An EV parking space with the electrical panel capacity and conduit installed to support future implementation of EV charging with a 208/240-volt (or greater), 40-ampere (or greater) circuit, with a dedicated, labeled space within the electrical panel. SOLAR-READY ZONE. A section of the roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar thermal system. Table R402.1.3 is amended by deleting footnote i. Section R403.7 is amended to read as follows: R403.7 Equipment sizing and efficiency rating. Heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other heating and cooling calculation methodologies. All new heating and cooling equipment shall have an efficiency rating of 92% AFUE or better. Exception: The replacement, alteration or repair of an existing system. Section R403.13 is added as follows: R403.13 Fire pits. Gas fueled fire pits and other outdoor fireplaces and appliances require automatic shut-off controls with a maximum 60-minute timer. Section R403.14 is added as follows: R403.14 Solar-ready zone. New one- and two-family dwellings and townhouses with not less than 600 sq/ft (55.74 m2) of roof area oriented between 110 degrees and 270 degrees of true north, shall comply with Sections R403.14.1-R403.7. Exceptions: 1. A new residential building with a permanently installed on-site renewable energy system. 2. A building where all areas of the roof that would otherwise meet the requirements of Section R403.14 are in full or partial shade for more than 70% of daylight hours annually. R403.14.1 Construction document requirements for solar-ready zone. Construction documents shall indicate the solar-ready zone. R403.14.2 Solar-ready zone. The solar-ready zone shall be not less than 300 sq/ft (27.87 m2) exclusive of mandatory access or setback areas as required by the Vail Fire Code. New townhouses of 3 stories or less in height above grade plane and with a total floor area less than or equal to 2,000 sq/ft (185.8 m2) per dwelling shall have a solar-ready zone area of not less than 150 sq/ft (13.94 m2). The solar-ready zone shall be composed of areas not less than 5 feet (1524 mm) in width and not less than 80 sq/ft May 3, 2022 - Page 492 of 498 25 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX (7.44 m2) exclusive of access or set-back areas as required by the Vail Fire Code. R403.14.3 Obstructions. Solar-ready zones shall be free from obstructions, including but not limited to vents, chimneys, and other roof- mounted equipment. R403.14.4 Capped roof penetration sleeve. A capped roof penetration sleeve shall be provided adjacent to all solar-ready zones located on roofs. The capped roof penetration sleeve shall be sized to accommodate the future photovoltaic system conduit and shall have an inside diameter of not less than 1½ inches (38 mm). R403.14.5 Roof load documentation. The structural design loads for roof dead load and roof live load shall be clearly indicated on the construction documents. R403.14.6 Interconnection pathway. Construction documents shall indicate pathways for routing of conduit or plumbing from the solar-ready zone to the electrical service panel or service hot water system. R403.14.7 Electrical service reserved space. The main electrical service panel shall have a reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled "For Future Solar Electric." The reserved space shall be positioned at the opposite (load) end from the input feeder location or main circuit location. R403.14.8 Certificate. A permanent certificate, indicating the solar-ready zone and other requirements of this section, shall be posted near the electrical distribution panel, water heater or other conspicuous location by the builder or registered design professional. Section R404.4 is added as follows: R404.4 EV charging. EV charging capabilities and required parking spaces shall be determined according to Table R404.4. Table R404.4 is added as follows: TABLE R404.4 EV PARKING SPACESa Property Type Space Requirements One- and two-family dwellings, townhouses 1 EV-capable space per dwelling unit a. These provisions are for new construction only. Section R404.5 is added as follows: R404.5 Electric readiness. Systems using gas or propane to serve individual dwelling units shall comply with R404.5.1 and R404.5.2. R404.5.1 Receptacle required. A dedicated electrical receptacle connected to the electric panel with an appropriately sized branch circuit May 3, 2022 - Page 493 of 498 26 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX shall be provided within 36 inches (914 mm) of each gas or propane water heater, clothes dryer, and conventional cooking appliance. R404.5.2 Receptacle identification. The branch circuits within the electric panel serving the future electric appliances shall be appropriately labeled for their intended use. 10-1-6: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE: The International Plumbing Code, 2021 Edition, is amended by all amendments adopted by the State of Colorado and referred to as the "Colorado Plumbing Code", in addition to the following: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Plumbing Code. Section 103.1 is amended to read as follows: 103.1 Creation of Agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 115.4 is deleted. Section 305.4.1 is amended to read as follows: 305.4.1 Sewer depth. Per Eagle River Water and Sanitation District (ERWSD) standards, building sewers shall be installed not less than 54 inches (1372 mm) below grade. Section 903.1 is amended to read as follows: 903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall be terminated not less than 16 inches (406 mm) above the roof. Section 903.2 is amended to read as follows: 903.2 Frost closure. Vent extensions through a roof or wall shall be not less than 3 inches (76 mm) in diameter. Any increase in size of the vent shall be made not less than 1 foot (305 mm) inside the thermal envelope of the building. 10-1-7: AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: The International Fuel Gas Code, 2021 Edition is amended by all amendments adopted by the State and referred to as the "Colorado Fuel Gas Code," and the following : Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Fuel Gas Code. Section 103.1 is amended to read as follows: May 3, 2022 - Page 494 of 498 27 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 115.4 is deleted. Table 503.8 is amended as follows: A Clearance above finished grade level, veranda, porch, deck, or balcony 36 inches (all other values within the table are unchanged.) 10-1-8: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE: The following amendments are hereby made to the International Mechanical Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Mechanical Code. Section 103.1 is amended to read as follows: 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 115.4 is deleted. Section 401.4 is amended by the addition of the following text: 5. The bottom of intake openings shall be located not less than 36 inches (914 mm) above finished grade. Section 701.3 is added as follows: 701.3 Combustion air ducts. Combustion air ducts shall terminate to the outside a minimum of 36 inches (914 mm) above finished grade. Section 804.3.4, Item 6 is amended to read as follows: 6. The bottom of the vent termination shall be located not less than 36 inches (914 mm) above finished grade. 10-1-9: AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE: The following amendments are hereby made to the International Existing Building Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Existing Building Code. May 3, 2022 - Page 495 of 498 28 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX Section 103.1 is amended to read as follows: 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 101.4.2 is amended to read as follows: 101.4.2: Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Vail Fire Code, or as deemed necessary by the code official for safety. 10-1-10: AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, NFPA 70: The Town hereby adopts, by reference, all amendments to the National Electrical Code, NFPA 70, 2020 Edition, as adopted by the State of Colorado and referred to as the "Colorado Electrical Code". 10-1-11: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS: The following amendment is hereby made to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition: Section 301 is amended to read as follows: Section 301 General. For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in this section or as specified in the Vail Building Code. BUILDING CODE is the 2021 International Building Code, as adopted, amended and titled the Vail Building Code. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. 10-1-12: VIOLATION AND PENALTY: A. It is unlawful for any person to violate any provision of any code adopted in this Chapter. B. Violations of this Chapter shall be subject to the penalties provided in Section 1-4-1 of this Code. Each day the violation continues shall constitute a separate offense. In addition, the Town may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief for a violation of any provision of this Chapter. Section 2. The Codes adopted and amended by this Ordinance shall be effective for all complete building permit applications received by the Town's Community Development Department on or after July 1, 2022. May 3, 2022 - Page 496 of 498 29 4/27/2022 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\ORDINANCE 8, SERIES 22 - TITYLE 10 BUILDING AND FIRE CODFE UPDATES.DOCX Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3 rd day of May, 2022 and a public hearing for second reading of this Ordinance set for the ___ day of _________________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ________________________________ Kim Langmaid, Mayor ATTEST: _______________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ____ day of ________________, 2022. ________________________________ Kim Langmaid, Mayor ATTEST: _______________________________ Tammy Nagel, Town Clerk May 3, 2022 - Page 497 of 498 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Adjournment 8:55 pm (estimate) May 3, 2022 - Page 498 of 498