Agenda is subject to change. If you require special assistance in

AGENDA
HAYDEN TOWN COUNCIL MEETING
THURSDAY, NOVEMBER 16, 2017
7:30 P.M.
HAYDEN TOWN HALL – 178 WEST JEFFERSON AVENUE
WORK SESSION 6:30 P.M. – 7:30 P.M.
1. BUDGET WORKSHOP
2. STAFF REPORTS
Page 3
REGULAR MEETING – 7:30 P.M.
1a. CALL TO ORDER
1b. OPENING PRAYER
1c. PLEDGE OF ALLEGIANCE
1d. ROLL CALL
2.
CONSIDERATION OF MINUTES
A. Regular Meeting November 2, 2017
Page 23
3.
CONSIDERATION OF BILLS
A. Consideration to approve payment bill vouchers dated November 8, 2017
Page 26
4.
PUBLIC COMMENTS
5.
PROCLAMATIONS/PRESENTATIONS
6.
CONSENT ITEMS
A. Consideration and Approval of Communications Board Representative Appointment
B. Consideration and Approval of Resolution 2017-35 A Resolution Approving a Xerox Lease Agreement
C. Consideration and Approval of Resolution 2017-32 A Resolution Approving a Fairgrounds Rental
Agreement between with Routt County
D. Consideration and Approval of Resolution 2017-33 A Resolution Designation a Posting Place for Public
Meetings for the Town of Hayden, Colorado
7.
8.
Page 32
Page 34
Page 41
Page 46
OLD BUSINESS
A. Consideration and approval of Resolution 2017-34 A Resolution Approving the Contract between
the Town of Hayden and Town Manager, Mathew Mendisco
B. Public Hearing: Ordinance 679 An Ordinance Approving Revisions to the Hayden Land Use Code
nd
C. Consideration of 2 Reading of Ordinance 679 An Ordinance Approving Revisions to the Hayden Land
Use Code
D. Consideration and Approval of Notice of Award for Town of Hayden WTP Clarifier Upgrade Project
E. Consideration and Approval of Clor Tec Systems Proposal for Replacement of Chlorination System at WTP
Page 70
Page 72
NEW BUSINESS
st
A. 1 Reading of Ordinance 680 An Ordinance Amending Chapters 13.08 Plant Investment Fees, 13.60 Water
Page 75
Page 48
Page 60
NOTICE: Agenda is subject to change. If you require special assistance in order to attend
any of the Town’s public meetings or events, please notify the Town of Hayden at (970) 276-3741
at least 48 hours in advance of the scheduled event so the necessary arrangements can be made.
and Sewer Rates and 13.80 Key Pump Water Customers, of the Hayden Municipal Code and Setting a
Public Hearing on December 7, 2017
st
B. 1 Reading of Ordinance 681 An Ordinance Granting a Nonexclusive Franchise to Charter Communications, Page 84
LLC for the Construction and Operation of a Cable System Benefiting all persons, businesses, and industries
within the Town and the right to acquire, construct, install, locate, maintain, operate and extend into, within
and through the Town and the right to make reasonable use of all streets and other public places and public
easements as herein defined as may be necessary; fixing the terms and conditions thereof to be for a term of
10 years and Setting a Public Hearing on December 7, 2017
C. Consideration and Approval of Town Council Professional Organization Assignments
Page 103
9.
PULLED CONSENT ITEMS
10.
STAFF AND COUNCILMEMBER REPORTS (CONTINUED, IF NECESSARY)
11.
EXECUTIVE SESSION
12.
ADJOURNMENT
Town of Hayden
Town Council Agenda Item
MEETING DATE: November 16, 2017
AGENDA ITEM TITLE: Budget Workshop 2018-2020 Draft Budget
AGENDA SECTION: Budget Workshop (before regular meeting)
PRESENTED BY: Mathew Mendisco
CAN THIS ITEM BE RESCHEDULED: No
BACKGROUND REVIEW: Attached Council will find a revised draft budget that has been revised since our last
budget workshop to reflect the Council’s five main goals which are listed below:
• Investment in Town staff.
• Continued planning and investment in hard infrastructure.
• Funding for non-profit entities located in Town of Hayden or provides services within Hayden.
• Continued funding for economic development and planning for public-private partnerships to
help with economic development.
• Sustained level of service to Town citizens.
Budget presentation changes from the 2017 budget are as follows:
1. The structure of the budget has been changed to reflect a financial statements appearance and
structure.
2. We are adding five new funds:
• Debt Service Fund (bond revenue and debt payment fund).
• Capital Improvements Fund (where we will pay for the projects funded by the bond issue).
• Recreation Fund which is not new just consolidated in one place and segregated so we can
track performance.
• Economic Development Fund which is not new just consolidated in one place and segregated
so we can track performance.
• Intergovernmental Service Fund which is a new fund designed to fund major equipment
replacement for the long term.
3. We reflecting the required debt reserve separate and not including it in the budget presentation.
4. Fund balance in the Enterprise Fund has been renamed to “Funds Available” and is only reflective of
our unrestricted cash balance.
5. We are anticipating excise tax from marijuana whole sale cultivation.
3
At the workshop staff is going to present each section of each fund. We will try and answer or get back to the
Council later with an answer if it can’t be provided at that time.
Some highlights of the 2018-2020 budget are below:
1. Revenues in the General Fund (GF) are up overall 13% mainly because of the additional excise tax and
increases in assessed value and sale tax.
2. The overall mill levy increases per the approved bond issue.
3. The Enterprise Fund (EF) in 2018 becomes sustainable with revenue and expense and continues to build
a reserve each year. We still have several grants planned for 2018-2020 as well which help the fund
become sustainable.
4. The fund balance in the GF is 5+ months of expenses.
5. The funds available in the enterprise fund is based on cash needed to replace the most expensive piece
of equipment in 2017 and then increases per the recommendations of the rate study by 22% followed
by an increase of 4.5% in 2019-2020.
6. Staff wages are reflecting an overall increase of 5% in 2018 (3% COLA and 2% merit adjustments for
some employees). That increase goes down in 2019-2020 to 4% overall and that is a merit based
increase system. The idea is to get away from standard COLA increases to a merit based system.
7. We have funded several water and sewer capital projects in the enterprise fund to continue our goal of
catching up the differed maintenance of our water and sewer assets.
8. We are proposing spending of $1,850,000 per year of the bond issue; however, staff is recommending
issuance of the whole 3.7 million in 2018. Given the current interest rate market we want to try and issue
these bonds as soon as possible. Our target is an early February closing.
9. We have funded new wayfinding and entry signage in 2018 as well as our economic strategic plan and
marketing of Hayden.
10. We have increased the economic development fund by 69%, but funded 67% of that increase with
donations and grant funding making the overall increase from 2017 to 2018 27%.
11. We continue our fleet maintenance program but we are using the Intergovernmental Service Fund (ISF)
now and each respective category within the general fund (i.e. public safety) pays their share to the ISF.
The lease payments are based on depreciation of equipment with a floor established after the useful
life of the asset. This results in the GF budgeting having a negative expense vs. revenue for 2018 but will
be back in the positive for 2019-2020.
12. The police station lease purchase is reflecting the refinanced amounts saving on average 9K per year,
or just short of 100K over ten years.
Overall staff feels that this budget accomplishes the Council’s goals while also bringing the Town to a more
sustainable level for the long term.
RECOMMENDATION: Staff’s recommendation is that Council give direction to staff to bring forward this budget
th
with any changes requested by the Council for final approval at the December 7 , 2017 meeting and set a
th
public hearing for December 7 , 2017 for the adoption of the 2018 budget and setting of the mill levy.
MANAGER’S RECOMMENDATION/COMMENTS: I concur with this recommendation.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Staff & Councilmember Reports
Parks and Recreation
Tammie Delaney indicated it has been one month in and it is exciting stuff. Goal is to get Dry Creek playground
built with Community engagement and design that works for all. Tumbling for Tots starts tomorrow and open
gym for peewee wrestling starts next week. The grant for Peabody Trail requires a Memorandum of
Understanding (MOU) with Peabody to get started. Jill Delay has stepped in to do the T-Shirt ordering for
PeeWee Wrestling. Hayden Parks and Recreation Board Meetings are the second Tuesday of month. The
Christmas Tree Lighting event is the day after Thanksgiving.
Public Works
Public Works Director, Alex Evonitz distributed a proposal for Hospital Hill renovation to the Town Council.
Hayden Public Works Streets Department had two meetings with the Colorado State Department of
Transportation. The CDOT is trying to make a user tax for mileage rather than a fuel tax increase; the last fuel
tax increase was in 1992. Public Works completed the street sweeping and alley grading, equipment has been
winterized. The bid opening for the clarifier was today and awarded bid is 245,000. A matching grant for
$199,000 was awarded to the Town of Hayden from Department of Local Affairs (DOLA). Golden Meadows
repair is 50% complete and the generator will be up and running. There is funds in budget for repair and
replacement of the water treatment plant; spending $20,000 for pump, chlorine generators and electronics.
Testing Emerge Farms for phosphate was completed and higher than they or the Town of Hayden expected;
dilution rate makes it not an issue. Public Works has started cleaning the wastewater treatment plant (lagoons).
The sewer lines backed up across from the school. The speed limit signage in question at the last meeting is
correct.
Police
Police engagement in Halloween scored big in neighborhood and Hayden Police Department continues
to hand out candy; no injuries, no incidents and minimum pumpkin smashing. It was a busy weekend; an
attempt to rob Kum & Go.
Administration
Annual Christmas Tree Lighting event is Saturday after Thanksgiving. Town of Hayden Annual Christmas
Party is Friday, December 8, 2017; at the fairgrounds exhibit hall and white elephant gifts will be
exchanged.
Councilmembers
Councilmember McMurray reported on the Hayden Economic Development Commission; currently searching
for the dream location for a new company seeking to locate in Hayden. The EDC is working on sponsorship with
exposure website and events with an annual fee. Councilmember Forrest reported on the NWTP monitoring
mileage and implementing a use tax from the vase end of Rabbit Ears to RCR 22 from West Summit and RCR
129 rather than increase the current fuel tax. There was a discussion on CDOT bridges, roads and bike paths and
crosswalks. Staff reports will continue at the end of the meeting. Councilmember Redmond attended the AGNC
meeting and informed the Town Council that money was available to review business plans and get the
applicant set up with a lender through AGNC and located in the Vail EDC office.
Mayor Haskins called the regular meeting of the Hayden Town Council to order at 7:30 p.m. Mayor Pro Tem
Robinson, Councilmembers Hagins, McMurray, Redmond, Forrest and Johnson present. Also present were
Town Manager, Mathew Mendisco, Town Clerk, Sharon Johnson, Police Chief, Greg Tuliszewski, Public Works
Director, Alex Evonitz and Recreation Coordinator, Tammie Delaney.
Opening Prayer
Mayor Haskins offered the opening prayer.
23
Pledge of Allegiance
Mayor Haskins led the Pledge of Allegiance.
Minutes –
October 19, 2017
Councilmember McMurray moved to approve the minutes of the Regular Town
Council Meeting held on October 19, 2017 with stated corrections. Councilmember
Redmond seconded. Roll call vote. Councilmember Johnson – aye.
Councilmember Redmond – aye. Councilmember Hagins – aye. Councilmember
Forrest – aye. Councilmember McMurray – aye. Mayor Pro Tem Robinson – aye.
Mayor Haskins – aye. Motion carried.
Consideration of Bill
Payment Voucher dated
October 25 , 2017
Mayor Haskins moved to approve the bill payment voucher dated October 25,
2017 in the amount of $89,325.58. Councilmember Johnson seconded. Roll call
vote. Mayor Pro Tem Robinson – aye. Councilmember McMurray – aye.
Councilmember Forrest – aye. Councilmember Hagins – aye. Councilmember
Redmond – aye. Councilmember Johnson– aye. Mayor Haskins – aye. Motion
carried.
Public Comments
None.
Proclamations/
Presentations
None.
Consent Items
None.
Old Business
None.
New Business
st
Setting a Public Hearing
st
and 1 Reading and
Consideration of Approval
of Ordinance 679 An
Ordinance Approving
Revisions to the Hayden
Land Use Code per
recommendation by the
Town of Hayden Planning
Commission
Mayor Pro Tem Robinson moved to approve the 1 Reading and Consideration of
Approval of Ordinance 679 An Ordinance Approving Revisions to the Hayden
Land Use Code per recommendation by the Town of Hayden Planning
Commission and set the Public Hearing for November 16, 2017. Councilmember
McMurray seconded. Roll call vote. Councilmember Forrest – aye. Councilmember
McMurray – aye. Councilmember Hagins – aye. Councilmember Johnson – aye.
Councilmember Redmond – aye. Mayor Pro Tem Robinson – aye. Mayor Haskins
– aye. Motion carried.
Review and Discuss
Request by Yampa Valley
Construction Services for
Extension of Tap Fee
Deferment for 339
Lakeview and Request for
Deferment at addresses
345 and 349 Lakeview
Drive
Councilmember McMurray moved to approve Tap Fee Deferment at addresses
345 and 349 Lakeview Drive. Councilmember Hagins seconded. Roll call vote.
Mayor Pro Tem Robinson – aye. Councilmember Forrest – nay. Councilmember
Redmond – aye. Councilmember McMurray – aye. Councilmember Johnson – aye.
Councilmember Hagins – aye. Mayor Haskins – aye. Motion carried.
24
Pulled Consent Items
None.
Staff and Councilmember
Reports Continued
None.
Executive Session
Executive Session Opened at 8:45 p.m. Executive Session Closed at 9:00 p.m.
Adjournment
Mayor Haskins adjourned the meeting at 9:01 p.m.
Recorded by:
th
APPROVED THIS 16 DAY OF November, 2017.
_____________________________
Sharon Johnson, Town Clerk
__________________________________
James M. Haskins, Mayor
25
Town of Hayden
Payment Approval Report - Hayden Vendor Name
Page:
Report dates: 11/8/2017-11/8/2017
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
Vendor
Vendor Name
Invoice Number
Description
Invoice Date
Net
Date Paid
Voided
Invoice Amount
12253 Airgas USA, LLC
9069152529
Shop - tools
10/27/2017
Total 12253:
23.10
23.10
1200 Bear River Valley Co-Op
10252017
Streets Vehicle Expense - Fuel
10/25/2017
460.33
1200 Bear River Valley Co-Op
10252017
Streets Vehicle Expense - Fuel
10/25/2017
570.68
1200 Bear River Valley Co-Op
10252017
Weed control - Fuel
10/25/2017
96.88
1200 Bear River Valley Co-Op
10252017
Parks - Vehicle Exp - Fuel
10/25/2017
253.36
91.66
1200 Bear River Valley Co-Op
10252017
Water vehicle exp - fuel
10/25/2017
1200 Bear River Valley Co-Op
10252017
San Sewer Vehicle expense - Fue
10/25/2017
79.33
1200 Bear River Valley Co-Op
10252017
PD Vehicle Maintenance - Fuel
10/25/2017
1,811.08
Total 1200:
1310 Boyko Supply Co
3,363.32
136543
Town Hall - dustmops
11/01/2017
Total 1310:
7900 Browns Hill Engineering &
36.89
36.89
13933
SCADA Lease agreement DEC
10/27/2017
Total 7900:
1,485.00
1,485.00
12461 Case, Frank
11012017A
Water test reimbursement
11/01/2017
43.00
12461 Case, Frank
11012017B
Water test reimbursement
11/01/2017
53.91
Total 12461:
96.91
1400 Caselle Inc
83936
Support Contract Dec
11/01/2017
366.17
1400 Caselle Inc
83936
Support Contract Dec
11/01/2017
183.08
1400 Caselle Inc
83936
Support Contract Dec
11/01/2017
183.08
Total 1400:
732.33
5860 CH Diagnostic & Consulting
20171077
Water Testing Services
10/05/2017
765.00
5860 CH Diagnostic & Consulting
20171180
Water Testing Services
10/18/2017
375.00
Total 5860:
1,140.00
12423 Colorado Mountain News Media
125344-01
WTP clarifier project notice
10/08/2017
48.38
12423 Colorado Mountain News Media
129866-01
Land use code notice
10/08/2017
16.37
Total 12423:
1720 Colorado Municipal League
64.75
2018
2018 CML Membership dues
11/01/2017
Total 1720:
2050 Dana Kepner Company Inc
Water Meter parts
10/20/2017
Total 2050:
6955 Erickson, Colette
1,444.00
1,444.00
1458816-01
1,001.60
1,001.60
11072017
Travel Reimbursement
11/07/2017
1
Nov 09, 2017 09:25AM
333.25
26
Town of Hayden
Payment Approval Report - Hayden Vendor Name
Page:
Report dates: 11/8/2017-11/8/2017
Vendor
Vendor Name
Invoice Number
Description
Invoice Date
Net
Date Paid
Voided
Invoice Amount
Total 6955:
333.25
4890 FedEx
5-974-05948
Water Sample Shipping
10/26/2017
23.71
4890 FedEx
5-981-65169
FedEx to Planning
11/02/2017
6.63
Total 4890:
12462 Harcourt, Anita
30.34
541.01
Utility deposit refund
10/26/2017
Total 12462:
12109 Haskins Cleaning
town Hall Cleaning - October
10/29/2017
Total 12109:
2500 Hayden Auto Body Inc
90.41
90.41
OCT2017
200.00
200.00
5103979
Vehicle Repair
09/21/2017
Total 2500:
342.00
342.00
2580 Hayden Merc
01-596246
Harvest Festival pumpkins
10/12/2017
837.10
2580 Hayden Merc
01-599908
Parks supplies
10/18/2017
10.77
2580 Hayden Merc
01-603800
Parks supplies
10/25/2017
29.98
2580 Hayden Merc
01-604127
Streets - tools
10/26/2017
16.99
2580 Hayden Merc
01-604645
Parks equipment
10/27/2017
9.98
2580 Hayden Merc
01-606923
Parks supplies
10/31/2017
13.99
2580 Hayden Merc
02-615233
Water admin supplies
10/03/2017
46.91
2580 Hayden Merc
02-615277
Employee celebration
10/03/2017
29.43
2580 Hayden Merc
02-615838
Employee celebration
10/04/2017
9.77
2580 Hayden Merc
02-615853
Plumbing fix
10/04/2017
10.58
2580 Hayden Merc
02-616393
Parks supplies
10/05/2017
17.99
2580 Hayden Merc
02-622766
Water admin supplies
10/16/2017
35.82
2580 Hayden Merc
02-623222
Parks supplies
10/17/2017
114.94
2580 Hayden Merc
02-626838
WTP supplies
10/24/2017
20.57
2580 Hayden Merc
02-630677
Parks equipment
10/31/2017
9.98
2580 Hayden Merc
03-589697
Parks supplies
10/13/2017
1.88
2580 Hayden Merc
03-594090
Parks supplies
10/22/2017
15.99
2580 Hayden Merc
03-594549
Streets - tools
10/23/2017
81.96
2580 Hayden Merc
03-595452
Streets - tools
10/25/2017
30.50
2580 Hayden Merc
03-595628
Parks supplies
10/25/2017
65.98
2580 Hayden Merc
03-596016
Parks supplies
10/26/2017
13.99
Total 2580:
2640 Holloran LLC, Michael J
1,425.10
10202017
Legal Services
10/20/2017
Total 2640:
12096 JVA, Inc
WTP yard piping
10/31/2017
Total 12096:
12463 Kissinger & Fellman, PC
5,166.00
5,166.00
25414
Legal services - franchise agreem
10/20/2017
Total 12463:
12338 Mendisco, Mathew
58.33
58.33
66661758
841.00
841.00
11062017
Travel reimbursement
11/06/2017
2
Nov 09, 2017 09:25AM
53.50
27
Town of Hayden
Payment Approval Report - Hayden Vendor Name
Page:
Report dates: 11/8/2017-11/8/2017
Vendor
Vendor Name
Invoice Number
Description
Invoice Date
Net
Date Paid
Voided
Invoice Amount
Total 12338:
12468 Miller, Jenna
53.50
1200.12
Utility deposit refund
10/26/2017
Total 12468:
12396 Municipal Treatment Equipment, I
61.05
61.05
172088
Seneca Hill repair & maint
10/31/2017
Total 12396:
213.00
213.00
12464 National Business Furniture, LLC
ZJ980812-TDQ
Town Hall furniture
10/16/2017
5,000.00
12464 National Business Furniture, LLC
ZJ980812-TDQ
Town Hall furniture
10/16/2017
1,500.00
12464 National Business Furniture, LLC
ZJ980812-TDQ
Town Hall furniture
10/16/2017
1,801.43
12464 National Business Furniture, LLC
ZJ983464-TDQ
Town Hall furniture
11/03/2017
492.88
Total 12464:
5010 Newman Traffic Signs
8,794.31
TI-0315293
Traffic signs
10/23/2017
Total 5010:
12465 Nicholson, Nikolas
309.82
309.82
2039.10
Utility deposit refund
10/25/2017
Total 12465:
15.16
15.16
2065 Routt County Auto Parts
10065-370864
PD vehicle supplies
10/06/2017
3.26
2065 Routt County Auto Parts
10109-370820
Streets - tools
10/04/2017
81.95
2065 Routt County Auto Parts
10109-371213
Streets vehicle supplies
10/23/2017
33.14
Total 2065:
10610 SAFEbuilt, Inc.
118.35
0035385-IN
Safebuilt fees
10/31/2017
Total 10610:
1770 Schmueser Gordon Meyer, Inc.
4,716.48
4,716.48
2014-325.001-1 Golden Meadows generator
10/23/2017
Total 1770:
1,620.00
1,620.00
12248 SGS Accutest Inc
521-6092109
Water testing
10/26/2017
99.50
12248 SGS Accutest Inc
521-6092131
Water testing
10/26/2017
232.50
12248 SGS Accutest Inc
521-6092603
Water testing
11/01/2017
185.50
Total 12248:
12466 Simones, Alton & Vanessa
517.50
2130
Planning review refund
10/31/2017
Total 12466:
3
Nov 09, 2017 09:25AM
915.30
915.30
4880 Sprint
918280746-04
Sewer Cell Phone
10/29/2017
72.45
4880 Sprint
918280746-04
Streets Cell Phone
10/29/2017
88.70
4880 Sprint
918280746-04
Water Cell Phone
10/29/2017
77.67
4880 Sprint
918280746-04
Admin Cell Phone
10/29/2017
99.25
4880 Sprint
918280746-04
HPD Cell Phone
10/29/2017
332.97
4880 Sprint
918280746-04
Recreation Cell Phone
10/29/2017
52.24
4880 Sprint
918280746-04
Public Works Tablet
10/29/2017
19.00
28
Town of Hayden
Payment Approval Report - Hayden Vendor Name
Page:
Report dates: 11/8/2017-11/8/2017
Vendor
Vendor Name
Invoice Number
Description
Invoice Date
Net
Date Paid
Voided
Invoice Amount
4880 Sprint
918280746-04
Public Works Tablet
10/29/2017
Total 4880:
18.99
761.27
3090 Stantec Consulting Inc.
1274201
Hayden Evaluation
10/27/2017
1,812.62
3090 Stantec Consulting Inc.
1274201
Hayden Evaluation
10/27/2017
1,812.62
3090 Stantec Consulting Inc.
1274201
Hayden Evaluation
10/27/2017
1,812.63
Total 3090:
5,437.87
12445 Target Specialty Products
PI0716797
Turf herbicide
10/31/2017
12445 Target Specialty Products
PI0716806
Freight
10/31/2017
23.87
12445 Target Specialty Products
PI0717027
Turf products
10/31/2017
1,417.50
Total 12445:
2070 The Haven Assisted Living
80.00
1,521.37
11082017
Placemaking community meeting
11/08/2017
Total 2070:
200.00
3710 Town of Hayden
OCT2017
11.05 Key Pump D-8
10/26/2017
50.68
3710 Town of Hayden
OCT2017
15.01 1250 W Jefferson Ave
10/26/2017
62.87
12.59
3710 Town of Hayden
OCT2017
92.01 178 W Jefferson 20% Rec
10/26/2017
3710 Town of Hayden
OCT2017
92.01 178 W Jefferson 80% Town
10/26/2017
50.37
3710 Town of Hayden
OCT2017
94.01 Key Pump A-1
10/26/2017
72.00
3710 Town of Hayden
OCT2017
96.01 New Ballfield
10/26/2017
82.58
3710 Town of Hayden
OCT2017
231.01 229 S 3rd St park
10/26/2017
77.65
3710 Town of Hayden
OCT2017
232.01 Water plant
10/26/2017
37.58
41.33
3710 Town of Hayden
OCT2017
355.01 Sewer plant
10/26/2017
3710 Town of Hayden
OCT2017
534.01 101 S Chestnut ST
10/26/2017
54.74
3710 Town of Hayden
OCT2017
761.01 Baseball field
10/26/2017
37.58
3710 Town of Hayden
OCT2017
1208.01 513 S Poplar St park
10/26/2017
38.71
3710 Town of Hayden
OCT2017
2035.01 PD
10/26/2017
81.35
3710 Town of Hayden
OCT2017
2036.01 513 Poplar St
10/26/2017
73.30
3710 Town of Hayden
OCT2017
2044.01 351 Vista Verde Dr
10/26/2017
37.58
3710 Town of Hayden
OCT2017
2046.01 326 Lake View Rd
10/26/2017
37.58
3710 Town of Hayden
OCT2017
2066 365 S Poplar St
10/26/2017
69.93
3710 Town of Hayden
OCT2017
2090.01 Industrial Park A
10/26/2017
37.58
9545 U.S. Tractor & Harvest, Inc.
956.00
P29590
Parks vehicle tire
10/26/2017
Total 9545:
324.24
324.24
12459 United Companies
1208179
Asphalt patching
10/11/2017
1,605.46
12459 United Companies
1208389
Asphalt patching
10/12/2017
1,059.20
Total 12459:
2,664.66
7070 USA BlueBook
404073
WTP chemicals
10/26/2017
457.34
7070 USA BlueBook
404073
WWTP - lab equipment
10/26/2017
730.73
7070 USA BlueBook
404169
WTP equipment
10/26/2017
68.95
Total 7070:
8740 Visa
11/08/2017
200.00
Total 3710:
1,257.02
10232017
Harvest festival
10/23/2017
4
Nov 09, 2017 09:25AM
30.29
29
Town of Hayden
Payment Approval Report - Hayden Vendor Name
Page:
Report dates: 11/8/2017-11/8/2017
Vendor
Vendor Name
Invoice Number
Description
Invoice Date
Net
Date Paid
Voided
Invoice Amount
8740 Visa
10232017
Website monthly fee
10/23/2017
9.99
8740 Visa
10232017
Employee celebration
10/23/2017
116.22
8740 Visa
10232017
Postage - testing sample
10/23/2017
3.16
8740 Visa
10232017
Postage - water bills
10/23/2017
24.50
8740 Visa
10232017
Postage - water bills
10/23/2017
24.50
8740 Visa
10232017
Label maker tape
10/23/2017
12.50
8740 Visa
10232017
Water test lodging
10/23/2017
218.00
8740 Visa
10232017
Routt county records fee
10/23/2017
6.00
8740 Visa
10232017
PD postage
10/23/2017
3.84
8740 Visa
10232017
Disaster recovery training
10/23/2017
26.54
8740 Visa
10232017
Rec - cell phone charger
10/23/2017
8.99
8740 Visa
10232017
Unit 714 vehicle maintenance
10/23/2017
23.99
8740 Visa
10232017
Lodging
10/23/2017
396.00
8740 Visa
10232017
PD training emergency managem
10/23/2017
25.00
8740 Visa
10232017
PD department training.
10/23/2017
86.00
8740 Visa
10232017
Rec programs / event tents
10/23/2017
205.00
8740 Visa
10232017
Harvest festival
10/23/2017
5.88
8740 Visa
10232017
Economic summit
10/23/2017
71.02
8740 Visa
10232017
Economic summit
10/23/2017
71.02
8740 Visa
10232017
Paving crew working lunch
10/23/2017
55.43
8740 Visa
10232017
Postage
10/23/2017
132.00
8740 Visa
10232017
Mat's monitor stand
10/23/2017
19.14
8740 Visa
10232017
Email setup
10/23/2017
89.00
8740 Visa
10232017
Website mgt - annual renewal
10/23/2017
9.99
8740 Visa
10232017
Envelopes
10/23/2017
19.99
8740 Visa
10232017
PD training
10/23/2017
53.00
8740 Visa
10232017
PD emergency blankets
10/23/2017
128.06
8740 Visa
10232017
PD emergency blankets
10/23/2017
84.77
8740 Visa
10232017
Unit 712 vehicle maintenance
10/23/2017
23.99
8740 Visa
10232017
PD training
10/23/2017
9.97
8740 Visa
10232017
Emergency management training
10/23/2017
18.00
8740 Visa
10232017
Street admin lunch
10/23/2017
10.64
8740 Visa
10232017
Admin / PD lunch
10/23/2017
36.17
10.00
8740 Visa
10232017
Streets lunch
10/23/2017
8740 Visa
10232017
Sewer dept lunch
10/23/2017
9.41
8740 Visa
10232017
EDC lunch
10/23/2017
92.73
8740 Visa
10232017
EDC lunch
10/23/2017
40.61
8740 Visa
10232017
Admin lunch
10/23/2017
34.46
8740 Visa
10232017
2017 Action Now registration
10/23/2017
150.00
Total 8740:
3970 W.P.C.I.
2,395.80
0042945-IN
Pool management
10/25/2017
Total 3970:
3880 Wagner Equipment Co
Streets R&M - Parts
10/21/2017
Total 3880:
7580 Wagner Rents
15.39
15.39
1347091-0001
Shop tools rental
10/20/2017
Total 7580:
9960 Warning, Tanya
100.00
100.00
P04C0299689
1,390.00
1,390.00
NOV2017
Janitorial Services November
11/01/2017
5
Nov 09, 2017 09:25AM
500.00
30
Town of Hayden
Payment Approval Report - Hayden Vendor Name
Page:
Report dates: 11/8/2017-11/8/2017
Vendor
Vendor Name
Invoice Number
Description
Invoice Date
Net
Date Paid
Voided
Invoice Amount
Total 9960:
500.00
10600 Waste Management-SBS #001-85 OCT2017
Residential Trash Service
11/01/2017
Total 10600:
12167 WEX Bank
PD Vehicle Expense - Fuel
10/31/2017
Total 12167:
4010 Yampa Valley Electric
12,348.14
12,348.14
51827131
687.06
687.06
1802OCT17
Street lights 1510001802
10/30/2017
Total 4010:
2,394.37
2,394.37
4245 Zirkel Wireless, LLC
4377-20171101
WTP Internet Service Acct 4377 N
11/01/2017
79.00
4245 Zirkel Wireless, LLC
4378-20171101
Shop Internet Service Acct 4378
11/01/2017
79.00
Total 4245:
Grand Totals:
6
Nov 09, 2017 09:25AM
158.00
68,319.99
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
31
Town of Hayden
Town Council Agenda Item
MEETING DATE: November 16, 2017
AGENDA ITEM TITLE: Communications Board Representative Appointment
AGENDA SECTION: Consent
PRESENTED BY: Mathew Mendisco
CAN THIS ITEM BE RESCHEDULED: Yes but not recommended
BACKGROUND REVIEW:
Per the IGA with Routt County Communications, the Town Council of Hayden is requested to
appoint yearly a representative and an alternate to attend the meetings of the Com Board, to
provide input and to assist in policy decisions as they relate to Emergency Responder
Communications.
Chief Tuliszewski has served as the Town’s ComBoard representative for the past two years
and as the head of the Town’s public safety department is qualified to serve in this position.
Notice of the Town’s appointment must be made in writing and delivered to the Routt
County Board and to the Routt County Director of the Communications Department by
January 5th annually.
RECOMMENDATION:
Move to appoint Chief Tuliszewski as the representative for the Routt County
Communications Advisory Board for the 2018 year, with no alternate at this time.
MANAGER’S RECOMMENDATION/COMMENTS: I concur with this recommendation.
32
33
Town of Hayden
Town Council Agenda Item
MEETING DATE: November 16, 2017
AGENDA ITEM TITLE: Approval to renew lease for a new Xerox copier
AGENDA SECTION: Consent
PRESENTED BY: Sharon Johnson, Town Clerk
CAN THIS ITEM BE RESCHEDULED: Not Recommended
BACKGROUND REVIEW:
The current Town Hall Xerox copier lease is due to expire and staff would like to renew the lease with
a newer updated machine. The total for this new copier will be approximately $313 per month. In
order for Town Hall to upgrade to the new copier, Town Council will need to approve the lease and
authorize the expenditure for the 2018 budget. See attached support documentation. This expense is
also budgeted for 2018-2020.
Current average monthly:
Copies
B&W
Xerox Current
8201
Xerox
Proposed
$12.65
$0.0050
$0.00
10,000 included
Above 10,000 $0.0087
Color
1044
$114.14
$107.30
250 included
$0.0050
Above 250 $0.0602
Copier lease payment
$179.48
$192.97
Total
$293.62
$312.92
*Xerox includes consumable supplies in their monthly charges.
New
Investment
$19.30
RECOMMENDATION: Move to approve the new Xerox copier expenditure and lease for Town Hall for
the approximate amount of $313 per month.
MANAGER’S RECOMMENDATION/COMMENTS: I concur with this recommendation.
34
Financial Analysis for TOWN OF HAYDEN
Prepared on 7/26/2017
Current Costs
Trade Items
1
7845PT
MX4313596
Agreement
Information
- Leased 51 of 60
- 03/26/13
Equipment
Monthly Payment
Maintenance
Monthly Payment
$179.48
$0.00
Print Charges
Meter
BW
CLR
Volume Band
1 - 10,000
10,000+
1 - 250
250+
Per Print Rate
Included
$0.0087
Included
$0.0602
AMPV
2,530
Above Plan
0
Meter
Charges
$0.00
2,146
1,896
$114.14
Totals
$293.62
Xerox Total
$179.48
$0.00
4,676
$114.14
$293.62
Grand Total
$179.48
$0.00
4,676
$114.14
$293.62
Equipment
Monthly Payment
Maintenance Monthly
Payment
$192.97
Included
Proposed Costs
New Items
1
C8045H (XEROX
C8045H)
Agreement
Information
- Lease
- Term: 60 months
Total
$192.97
Included
Print Charges
Meter
1: Black and White
Impressions
2: Color
Impressions
Volume Band
Per Print Rate
AMPV
Above Plan
Meter
Charges
All Prints
$0.0050
2,530
2,530
$12.65
All Prints
$0.0500
2,146
2,146
$107.30
4,676
$119.95
Monthly Investment
Totals
$312.92
$312.92
$19.30
35
XEROX ® ALTALINK ®
COLOR MULTIFUNCTION
PRINTER
Smart, Secure and Connected
C8030/C8035/C8045/C8055/C8070
ConnectKey®
Technology
36
Xerox® AltaLink ® C8030/C8035/C8045/C8055/C8070
Color Multifunction Printer
Xerox® AltaLink devices provide new levels of capability and
connectivity for mid-size, large workgroups and busy offices.
With AltaLink, your extended workforce has instant and
secure access to the documents, data and workflows it
needs to work faster and more efficiently—from every
location and with any device.
SMART AND PRODUCTIVE
You’ve never seen a multifunction printer like
this before. From its tablet-like user interface
to its right-out-of-the-box mobile-friendly
connectivity options, the Xerox ® AltaLink
C8000 Series is the color multifunction device
today’s workers have been waiting for.
Optimized for business processes, and easy to
manage as a standalone device or as part of an
entire fleet, it’s designed to enable multitasking
and collaboration. Create customized workflows,
automate complex tasks, print and scan directly
to and from the cloud with services like Box®,
Microsoft® OneDrive®, Google Drive™, Dropbox™
and Microsoft Office 365™. Connect any time,
from anywhere and any device.
With the touch of a button, you can go to our
Xerox App Gallery and download simple, yet
powerful, serverless apps to your AltaLink
color multifunction printer to increase user
productivity and shorten everyday tasks.
Built-in mobile connectivity, including Near
Field Communication (NFC) Tap-to-Pair,
optional Wi-Fi Direct ®, @PrintByXerox,
Google Cloud Print™, Xerox ® Print Service
Plug-in for Android™ and Mopria ® provides
the time-saving convenience your workforce
wants and needs.
POWERFUL AND SC AL ABLE
Your workgroups operate more efficiently and
effectively with AltaLink. Manage, monitor
and upgrade your entire fleet with our
Embedded Web Server, or provide interactive
training and support right from your desktop
with our remote user interface.
Fewer maintenance hassles, less IT support,
high-capacity paper trays and the ability to
print on varying paper sizes add up to
increased uptime and greater productivity.
Scanning, printing and faxing can be done
simultaneously, allowing for multitasking
during peak periods—and your choice of
finishing options means you can configure
your AltaLink device for any work environment
and any document type, including booklets,
brochures and pamphlets.
B U I LT- I N S E C U R I T Y
The AltaLink C8000 Series Color Multifunction
Printer provides the maximum level of security
through our partnership with McAfee,
proactively addressing risks at the fleet and
individual device level.
Multiple layers of security include data
encryption, disk overwrite and industry
certifications. At the user level, Secure Print
holds documents for release until they’re
ready to be retrieved at the device.
COLOR WHERE IT COUNTS
With high resolution output of 1200 x 2400
dpi, photo-quality color images and crisp text
will give your documents clarity and impact.
You can also upgrade your AltaLink C8000
Series with the Xerox ® EX-c C8000 Print Server
Powered by Fiery ®, enabling office users to
quickly, efficiently and cost effectively print
professional-looking documents.
X E R OX® CO N N EC T K E Y®
TECHNOLOGY—THE NE XUS
OF YOUR COMPLE TE
PRODUC TIVIT Y ECOSYSTEM
From Xerox—the company that created the
modern workplace—we present the next
revolution in workplace productivity. With a
consistent user experience across a wide range
of devices, mobile and cloud connectivity and a
growing library of apps to expand functionality,
you’ll work faster, better and smarter.
Intuitive User Experience
An entirely new—and yet entirely familiar
way to interact that includes a tablet-like
experience with gesture-based touchscreen
controls and easy customization.
Mobile and Cloud Ready
Instant connectivity to cloud and mobile devices
right from the user interface, with access to
pre-loaded, cloud-hosted services that let
you work where, when and how you want.
Benchmark Security
Full multi-level protection for both
documents and data, ready to guard
against and eliminate emerging threats
and meet or exceed regulatory compliance.
Enables Next Generation Services
Work more efficiently and manage
resources more effectively. Easy integration
of Xerox ® Managed Print Services enables
remote monitoring of service delivery and
consumables, plus remote configuration
for even more time savings.
Gateway to New Possibilities
Instantly extend your capabilities with
access to the Xerox App Gallery, featuring
real-world apps designed to optimize digital
workflows. Commission our network of
partners to design innovative, businessspecific solutions.
Find out more about how you’ll work
smarter at www.connectkey.com.
37
F I N I S H I N G A P P L IC AT IO N S
2
1
3
11
5
10
4
8
6
1 S ingle-Pass Duplex Automatic Document Feeder
(DADF) saves time by simultaneously scanning both
sides of two-sided documents at up to 139
impressions per minute.
10 B
R Booklet Maker Finisher (optional) provides
advanced finishing the capability to create 60-page
saddle-stitched booklets (2 to 15 sheets).
2 C
onvenience Stapler (optional) staples up to
50 sheets of 20 lb/80 gsm media.
11 C
-Fold/Z-Fold Unit (optional) adds three folds:
C-fold, Z-fold and Z-half-fold to the BR Finisher
or BR Booklet Maker Finisher.
3 Bypass Tray handles up to 100 sheets of 20 lb/80
gsm, also feeds up to 110 lb Cover/300 gsm media.
12 O ffset Catch Tray (OCT) (standard on all
configurations and included with all finishers).
4 Two 520-sheet adjustable trays (standard with
all configurations). Tray 1 handles media sizes up
to 11.7 x 17 in./A3 and Tray 2 handles media sizes
up to 12 x 18 in./SRA3.
13 I ntegrated Office Finisher (optional with
C8030/C8035) provides 500-sheet stacking
and 50-sheet, single-position stapling.
5 E nvelope Kit (optional—replaces Tray 1) provides
trouble-free feeding of up to 60 envelopes.
6 H igh-Capacity Tandem Tray Module (optional)
brings the total paper capacity up to 3,140 sheets.
7 Four Tray Module (optional with C8030/C8035)
holds a total of 2,180 sheets.
8 H
igh-Capacity Feeder (optional) holds 2,000 sheets
of letter/A4 paper, increasing the maximum paper
capacity to 5,140 sheets.
9 B usiness Ready (BR) Finisher (optional) gives
you advanced finishing functions at a great value.
12
14 O
ffice Finisher LX (optional with C8030/C8035/
C8045/C8055) gives you advanced finishing
functions at a great value, and offers optional
crease/score and saddle-stitch booklet making
capable of 60-page booklets (2 to 15 sheets).
15 X
erox ® Integrated RFID Card Reader E1.0
(optional) adds card based authentication with
support for over 90 access cards.
16 N ear Field Communication (NFC) Tap-to-Pair
allows users to tap their mobile device to the
AltaLink C8000 user panel and instantly connect
with the MFP.
13
14
7
9
15
16
INTRODUCING MOBILE
DEVICE-LIKE TOUCHSCREEN
SUPERIORIT Y
Meet our all-new, 10.1-inch color touchscreen
—the user interface that sets a higher
standard for customization, ease of use
and versatility.
By presenting a familiar “mobile”
experience—with support for gestural input
and task-focused apps that share a common
look and feel—fewer steps are needed to
complete even the most complex jobs.
A highly intuitive layout guides you through
every task from start to finish, with a
natural hierarchy placing critical functions
near the top of the screen and commonly
used options front and center. Don’t like
where a function or app is located?
Customize the layout to make it yours.
This unmatched balance of hardware
technology and software smarts helps
everyone who interacts with the AltaLink ®
C8000 Series get more work done, faster. Try
our new UI at www.xerox.com/AltaLinkUI.
38
Xerox® AltaLink ® C8030/C8035/C8045/C8055/C8070
Color Multifunction Printer
ConnectKey®
Technology
D E V I C E S P E C I F I C A T I O N S AltaLink C8030
AltaLink C8035
AltaLink C8045
AltaLink C8055
AltaLink C8070
Speed (Color/Black-and-white)
Up to 30/30 ppm
Up to 35/35 ppm
Up to 45/45 ppm
Up to 50/55 ppm
Up to 70/70 ppm
Monthly Duty Cycle*
Up to 90,000 pages
Up to 110,000 pages
Up to 200,000 pages
Up to 300,000 pages
Up to 300,000 pages
Hard Drive/Processor/Memory
Minimum 250 GB HDD/Intel® Atom™ Quad Core 1.91 GHz/2 MB Cache/8 GB system memory
Connectivity
10/100/1000Base-T Ethernet, High-Speed USB 2.0 direct print, Wi-Fi Direct® with optional Xerox® USB Wireless Adapter, NFC Tap-to-Pair
Optional Controller
Xerox® EX-c C8000 Print Server Powered by Fiery®
Copy and PrintResolution
Copy: Up to 600 x 600 dpi; Print: Up to 1200 x 2400 dpi
First-copy-out Time (as fast as)
(from platen/warmed-up state)
8.1 seconds color/6.7 seconds black-and-white
7.8 seconds color/6.4
seconds black-and-white
7.2 seconds color/5.7
seconds black-and-white
5.2 seconds color/4.9
seconds black-and-white
First-print-out Time (as fast as)
6.5 seconds color/5.3
seconds black-and-white
6.5 seconds color/5.3
seconds black-and-white
6.0 seconds color/4.7
seconds black-and-white
4.7 seconds color/4.0
seconds black-and-white
Page Description Languages
Adobe® PostScript® 3™, Adobe PDF version 1.7, PCL® 5c/PCL 6, Optional XML Paper Specification (XPS)
Paper InputStandard
Single-Pass Duplex Automatic Document Feeder: 130 sheets; Speed: up to 139 ipm (duplex); Sizes: 3.4 x 4.9 in. to 11.7 x 17 in./85 x 125 mm to 297 x 432 mm
Bypass Tray: 100 sheets; Custom sizes: 3.5 x 3.9 to 12.6 x 19 in./89 x 98 mm to 320 x 483 mm (SEF)
Tray 1: 520 sheets; Custom sizes: 5.5 x 7.2 in. to 11.7 x 17 in./140 x 182 mm to 297 x 432 mm (SEF)
Tray 2: 520 sheets; Custom sizes: 5.5 x 7.2 in. to 12 x 18 in./140 x 182 mm to SRA3 (SEF)
Choose One
Optional
Paper Output/Standard
Finishing
Optional
6.4 seconds color/5.2
seconds black-and-white
Four Tray Module (Trays 3 and 4—available with C8030/C8035): 1,040 sheets; 520 sheets each; Custom sizes: 5.5 x 7.2 to 12 x 18 in./
140 x 182 mm to SRA3 (SEF)
High Capacity Tandem Tray Module: 2,000 sheets; One 867-sheet paper tray and one 1,133-sheet paper tray; Sizes: 8.5 x 11 in./A4
High-Capacity Feeder (HCF): 2,000 sheets; Size 8.5 x 11 in./A4 long edge feed
Envelope Tray (replaces Tray 1): Up to 60 envelopes: #10 Commercial, Monarch, DL, C5
Dual Offset Catch Tray (standard when finishers are not attached): 250 sheets each; Face up Tray: 100 sheets
Integrated Office Finisher (Available with C8030/C8035): 500-sheet stacker, 50 sheets stapled, single-position stapling
Office Finisher LX (Available with C8030/C8035/C8045/C8055): 2,000-sheet stacker, 50 sheets stapled, 2-position stapling, optional hole punch,
optional booklet maker (score, saddle stitch 2 to 15 sheets (60 pages))
BR Finisher: 3,000-sheet stacker and 500-sheet top tray, 50-sheet multiposition stapling and 2/3-hole punching
BR Booklet Maker Finisher: 1,500-sheet stacker and 500-sheet top tray, 50-sheet multiposition stapling and 2/3-hole punching plus saddle-stitch
booklet making (2 to 15 sheets, 60 pages) and V-folding
C-Fold/Z-Fold Unit: Adds Z-folding, Letter Z-folding and Letter C-folding to the BR Finisher and BR Booklet Maker Finisher
Convenience Stapler: 50-sheet stapling (based on 80 gsm), includes Work Surface
INTUITIVE USER EXPERIENCE
Customize and Personalize
Site, Function or Workflow Customization with Xerox App Gallery and Xerox® App Studio
Print Drivers
Job Identification, Bi-directional Status, Job Monitoring, Xerox® Global Print Driver®, Xerox® Mobile Express Driver®
Xerox Embedded Web Server
PC or mobile—Status Information, Settings, Device Management, Cloning
Remote Console/Preview
Remote User Interface
Print Features
Print from USB, Sample Set, Personal Print, Saved Job, Booklet Creation, Store and Recall Driver Settings, Scaling, Job Monitoring, Application Defaults,
Two-sided Printing, Draft Mode
Scan and Fax
Scan to USB/Email/Network (FTP/SMB), Scan File Formats: PDF, PDF/A, XPS, JPG, TIFF; Convenience Features: Scan to Home, Searchable PDF, Single/
Multi-page PDF/XPS/TIFF, Password-protected PDF; Fax Features: Walk-up Fax (one-line or three-line options available, includes LAN Fax, Direct Fax, Fax
Forward to Email), Fax dialing, Unified Address Book, Optical Character Recognition (OCR)
®
MOBILE AND CLOUD READY
Mobile Connectivity
Apple® AirPrint®, Google Cloud Print™ Ready, Xerox® Print Service Plug-in for Android™, Mopria® Print Service Plug-in for Android, NFC, Wi-Fi Direct Printing
Mobile Printing
@PrintByXerox, Xerox® Mobile Print, Xerox® Mobile Print Cloud, Xerox® Mobile Link App; Visit www.xerox.com/officemobileapps for available apps.
Cloud Connectivity
Print from/Scan to Google Drive™, Microsoft® OneDrive®, DropBox™, Microsoft Office 365™, Box®, Xerox® DocuShare® and more.
BENCHMARK SECURITY
Network Security
IPsec, HTTPS, SFTP and Encrypted Email, Network Authentication, SNMPv3, SHA-256 Hash Message Authentication, SSL, TLS, Security Certificates,
Automatic Self-signed Certificate
Device Access
Firmware Verification, User Access and Internal Firewall, Port/IP/Domain Filtering, Audit Log, Access Controls, User Permissions, Smart Card Enablement
Kit (CAC/PIV/.NET), Xerox® Integrated RFID Card Reader E1.0
Data Protection
Encrypted Hard Disk (AES 256-bit, FIPS 140-2, Validated) and Image Overwrite, McAfee® ePolicy Orchestrator®, McAfee Integrity Control, Whitelisting,
Job Level Encryption via HTTPS and Drivers
Document Security
Common Criteria Certification (ISO 15408) (undergoing evaluation), Encrypted Secure Print, FIPS Encrypted Print Drivers
EN A BLES NE X T GENER AT ION SERV ICES
Print Management
Xerox® Print Management and Mobility Suite, Configuration Cloning, Xerox® Standard Accounting, Equitrac, Y Soft, PaperCut and more partner solutions
Managing Print
Xerox® Device Manager, Xerox® Support Assistance, Auto Meter Read, Managed Print Services Tools
Sustainability
Cisco EnergyWise®, Print User ID on Margins, Earth Smart Print Settings
G AT E WAY TO NE W P OSSIBIL I T IES
Cloud Services
Xerox® Easy Translator, Xerox® Healthcare MFP (U.S. only), many additional services available
Xerox App Gallery
Many apps and cloud services available. Visit www.xerox.com/appgallery for a growing selection of apps available for adding functions to the MFP.
* Maximum volume capacity expected in any one month. Not expected to be sustained on a regular basis.
For more detailed specifications, including the latest certifications,
go to www.xerox.com/AltalinkC8000Specs.
©2017 Xerox Corporation. All rights reserved. Xerox®, Xerox and Design®, AltaLink®, ConnectKey®, DocuShare®, Global Print Driver®
and Mobile Express Driver® are trademarks of Xerox Corporation in the United States and/or other countries. The information in this
brochure is subject to change without notice. Updated 5/17 BR21021 AC8BR-01UA
39
RESOLUTION 2017-35
A RESOLUTION APPROVING A LEASE AGREEMENT WITH XEROX CORP. FOR A SIXTY (60) MONTH LEASE OF A
XEROX 785PT PRINTER
RECITALS
Whereas, The Hayden Town Council supports the replacement of the Town’s Xerox W7545P printer due to
Xerox lease agreement expiration and need for renewal; and
Whereas, The State of Colorado has a price agreement with Xerox Corporation for the lease of copiers in
place; and
Whereas, The State of Colorado and Xerox Corporation allow Colorado municipalities to lease copiers
pursuant to the above referenced price agreement; and
Whereas, The Town of Hayden Home Rule Charter, Section 8-22 provides that the Council may establish,
by resolution, procedures to ensure fair and competitive bidding and purchasing practices; and
Whereas, The Town Council has adopted a Purchasing Policy allowing for the Town to purchase items using
the purchasing power of the State of Colorado; and
Whereas, The Hayden Town Council believes the Town will benefit by accepting the Xerox Corporation bid
to the State of Colorado and entering into the attached Lease Agreement.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF HAYDEN,
COLORADO THAT:
Section 1. The Town Council wishes to enter into a 60-month lease with Xerox Corporation for a Xerox 7845PT
copier per State of Colorado’s purchasing agreement with Xerox Corporation.
Section 2. The Town Council hereby authorizes the Town Manager to execute the attached Lease Agreement
with Xerox Corporation.
Section 3.
This Resolution shall be in full force and effect upon its passage and adoption.
INTRODUCED, PASSED, APPROVED, AND RESOLVED THIS 16
ATTEST:
TH
DAY OF NOVEMBER 2017.
____________________________________
James M. Haskins, Mayor
_________________________________
Sharon Johnson, Town Clerk
40
Town Council Agenda Item
MEETING DATE: November 16, 2017
AGENDA ITEM TITLE: Resolution 2017-32 Approving Fairgrounds Rental Agreement with
Routt County
AGENDA SECTION: Consent
PRESENTED BY: Mathew Mendisco
CAN THIS ITEM BE RESCHEDULED: Not recommended
BACKGROUND REVIEW: The Town of Hayden and Routt County are amicable to and agrees
to execute an annual contract per fairgrounds scheduling and use policies, rather than
signing a new agreement contract every time the Town requests use of the Routt County
Fairgrounds Exhibit Hall.
RECOMMENDATION: I recommend the Town signs the agreement with Routt County.
MANAGER’S RECOMMENDATION/COMMENTS:
41
FAIRGROUNDS FACILITY RENTAL AGREEMENT
This Fairgrounds Facility Rental Agreement (the "Agreement"),
dated as of NOVEMBER 6, 2017 is between Routt County, Colorado
("County"), acting by and through its Fairgrounds Manager/Fair
Coordinator by delegation of the Board of County Commissioners
(the "Board") and the Town of Hayden_ ("Facility User").
Recitals
A.
County is the owner of the Routt County Fairgrounds (the
"Fairgrounds") located near Hayden, Colorado and the facilities
located at the Fairgrounds.
B. Facility User desires to use the following Fairground facility:
EXHIBIT HALL (the "Facility") throughout 2018 during dates and
times scheduled through the Fairgrounds Manager and subject to
availability of facility.
D.
County is willing to permit the use requested by Facility
User as described above subject to the terms and conditions of
this Agreement.
Terms and Conditions
1.
Permitted Use:
Subject to full compliance with the other
terms and conditions set forth herein, Facility User shall be
permitted to use the Facility:_
1. Exhibit Hall throughout 2018 during dates and times
scheduled through the Fairgrounds Manager and subject to
availability of facility.
Facility User shall not make use of the Facility for any other use
and shall not permit others under their control or with their
permission to do so. Facility User shall not use other Fairground
Facilities and shall use only that portion of the Fairground
necessary for the permitted use.
The Facility User is responsible for
2.
Portable Toilets:
supplying, at Facility User’s sole expense, portable toilets in
compliance with Appendix C, of the Minimum Plumbing Facilities of
the Uniform Plumbing Code when applicable. As required, the
Facility User will supply a minimum of one (1) water closet per
one (1) to one-hundred (100) males and a minimum of two (2) water
closets for one (1) to fifty (50) females and one portable
lavatory or handwash station for each sex.
3.
Compensation for Use of Facility: As compensation to County
for the use of the Facility, Facility User shall pay to “Routt
County” according to the Routt County Fairgrounds Fee Structure
effective January 1, 2010 (the "Use Fee"). The Use Fee shall be
payable to “Routt County” and paid to the "Fairgrounds
1
42
Manager/Fair Coordinator” on a monthly basis according to the
invoice submitted by the Fairgrounds Manager.
4.
Cleaning of Facility and Damage to the Facility:
The
Facility User shall leave the Facility and the Fairgrounds in as
good a condition at the end of Facility User's use as it was at
the beginning of such use, normal wear and tear expected.
Facility User shall clean the Facility and Fairgrounds if they
become dirty or littered during their use by Facility User.
Facility User shall also be responsible for the costs of any
repair to the Facility or the Fairgrounds resulting from their use
by Facility User. In the event that County is required to repair
damage which is the responsibility of the Facility User, County
shall be entitled to recover such costs from Facility User. If
Facility User has given a security deposit for the use of the
Facility, County may deduct the cost of such repairs from the
security deposit. The Facility User shall be required to deliver
a security deposit of $00 to the Fairgrounds Manager/Fair
Coordinator at the same time that the Use Fee is due.
Facility User shall indemnify, defend and hold
5.
Indemnity:
County harmless from any and all claims, injuries and damages
arising from the use of the Facility and the Fairgrounds by
Facility User pursuant to this Agreement except from claims,
injuries and damages arising from the negligence, reckless or
intentional acts of County and its employees, officials and
agents.
Facility User shall deliver to the Fairgrounds
6.
Insurance:
Manager/Fair Coordinator, at least 10 days prior to the date of
the use, a certificate of insurance naming County as an additional
insured establishing that Facility User has the following minimum
insurance coverage:
General liability insurance
$1,000,000 per occurrence/
$1,000,000 in the aggregate
Products-Completed operations
if required based upon use
Personal and advertising if a
commercial use
Property damage and fire
Medical expense
$1,000,000
$1,000,000
$50,000
$5,000
7.
Alcoholic Beverages:
Facility User shall not permit
alcoholic beverages to be brought into or consumed on the
Fairgrounds or the Facility while it is being used by the Facility
User unless County has first been advised that this is intended
and the Facility User has obtained the required alcoholic beverage
license.
8.
Security: County shall not be required to provide security
for Facility User's use of the Facility as a part of this
Agreement.
2
43
9.
Nondiscrimination:
Facility User shall not discriminate
against any person on the grounds of race, creed, color, national
origin, sex, handicap or disability in connection with any
activity conducted by Facility User in the Facility or on the
Fairgrounds pursuant to this Agreement.
10. Attorneys Fees: In the event either party to this Agreement
brings suit to enforce or interpret any portion of this Agreement,
the party substantially prevailing in such action shall be
entitled to recover all costs incurred in such action, including
without limitation reasonable attorney's fees.
11. Venue and Choice of Laws: This Agreement shall be governed
by and construed in accordance with the internal laws of the State
of Colorado without reference to choice of laws rules.
The
parties agree that venue in any action to enforce or interpret
this Agreement shall be in the District Court in the Fourteenth
Judicial District for the State of Colorado.
12. Entire Agreement:
This Agreement shall be binding on and
inure to the benefit of the parties hereto, their respective
successors and assigns, and shall not be deemed to be for the
benefit of or enforceable by any third party.
This Agreement
constitutes the entire agreement between the parties concerning
the use of the Facility by the Facility User and may not be
amended except by a written document executed by all parties
hereto.
Routt County, Colorado
By:______________________________
Fairgrounds Manager /
Fair Coordinator
on behalf of the Board of
County Commissioners
Facility User
______________________________
3
44
RESOLUTION 2017-32
A RESOLUTION APPROVING A FAIRGROUNDS RENTAL AGREEMENT WITH ROUTT
COUNTY
Recitals
Whereas, each year the Town of Hayden utilizes the Routt County Fairgrounds for
activities, such as Pee Wee Wrestling, Hayden Daze activities, a Christmas party
and Tumbling for Tots.
Whereas, the Town of Hayden Town Council recognizes that there are benefits to
the Town, such as timing, cost and convenience, to have a rental agreement so
that the Town can use the Fairground facilities for programs that come up
throughout the year without having a separate agreement for each use.
Whereas, the Town of Hayden and Routt County will sign an annual Agreement
for use of the Routt County Fairgrounds, subject to facility availability.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
HAYDEN, COLORADO:
Section 1. The Town Council desires to enter into a Fairgrounds Facility Rental
Agreement with Routt County attached hereto as Exhibit A.
Section 2. Actual use of Fairground facilities is subject to availability as stated within
the Fairgrounds Facility Rental Agreement.
Section 3. The Town will be invoiced for actual usage of the Fairgrounds.
Section 4. Resolution shall be in full force and effect upon its passage and adoption.
PASSED, APPROVED, AND RESOLVED THIS 16TH DAY OF NOVEMBER 2017.
ATTEST:
______________________________
James M. Haskins, Mayor
__________________________________
Sharon Johnson, Town Clerk
45
Town Council Agenda Item
MEETING DATE: November 16, 2017
AGENDA ITEM TITLE: Resolution 2017-33 Posting Place Designation
AGENDA SECTION: Consent Items
PRESENTED BY: Sharon Johnson
CAN THIS ITEM BE RESCHEDULED: Not recommended
BACKGROUND REVIEW: Per Colorado State Statutes, a posting place for municipal
meeting agendas and notices must be designated by the governing body annually.
Resolution 2017-33 designates the bulletin board inside the front door at the Town
Hall as the official posting place.
RECOMMENDATION: Move to approve Resolution 2017-33 A Resolution Designating
a Posting Place for Public Meetings for the Town of Hayden, Colorado.
MANAGER RECOMMENDATION/COMMENTS: I concur with the recommendation.
46
RESOLUTION 2017-33
A RESOLUTION DESIGNATING A POSTING PLACE FOR PUBLIC MEETINGS FOR THE TOWN OF
HAYDEN, COLORADO
RECITALS
Whereas, Colorado State Statute (C.R.S.) 24-6-402(2)(c) requires that a public place for posting
notices of all public meetings held by a municipal government shall be designated annually at the
first regular meeting of each year.
Whereas, C.R.S. 24-6-402(2)(c) requires that any meetings at which the adoption of any proposed
policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or
quorum of the body is in attendance, or is expected to be in attendance, shall be held only after
full and timely notice to the public.
Whereas, C.R.S. 24-6-402(2)(c) holds a local public body shall be deemed to have given full and
timely notice if the notice of the meeting is posted in a designated public place within the
boundaries of the local public body no less than twenty-four hours prior to the holding of the
meeting.
Whereas, C.R.S. 24-6-402(2)(c) provides the posting shall include specific agenda information
where possible.
Whereas, the Town Council of the Town of Hayden wishes to designate a public place within its
boundaries for the posting of all meetings for the Town Council, the Planning Commission, and all
other boards, commissions, and authorities of the Town.
NOW, THEREFORE BE IT RESOLVED BY THE HAYDEN TOWN COUNCIL AS FOLLOWS:
Section 1.
The bulletin board inside the front entrance to the Hayden Town Hall, 178 West
Jefferson Avenue, Hayden, Colorado is hereby designated as the official posting
place for all public meetings as provided in C.R.S. 24-6-402(2)(c).
Section 2.
This Resolution shall be in full force and effect upon its passage and adoption.
INTRODUCED, PASSED, APPROVED, AND RESOLVED THIS 16th DAY OF NOVEMBER 2017.
ATTEST:
___________________________________
James M. Haskins, Mayor
_________________________________
Sharon Johnson, Town Clerk
47
Town of Hayden
Town Council Agenda Item
MEETING DATE: November 16, 2017
AGENDA ITEM TITLE: Resolution 2017-34, A Resolution of the Town of Hayden approving the renewal
of the contract retaining the services of Town Manager Mathew Mendisco for calendar year 2018.
AGENDA SECTION: Old Business
PRESENTED BY: Chief Tuliszewski
CAN THIS ITEM BE RESCHEDULED: Yes but not recommended
BACKGROUND REVIEW:
In December of 2016 the Town Council voted and adopted a contract to employ the services of
Mathew Mendisco as Town Manager. Over the past year the Council has found Mr. Mendisco’s
service, efforts and successes to be in the best interests of the Town of Hayden and in accordance
with the Council’s wishes.
Per Section 12 of the current contract with Town Manager Mendisco, the Council took steps to renew
and update the current contract with Mr Mendisco to retain his services for the 2018 calendar year.
This contract has been reviewed by all parties and the Town Attorney and was found to be acceptable
to the Town and to Town Manager Mendisco.
The Contract for Town Manager is attached to Resolution 2107-34 as Exhibit A. The process,
negotiation and final contract are in accordance with the Town of Hayden’s Home Rule Charter, the
Town Council, and the Town Manager. This Contract also conforms to the Town of Hayden Charter,
Section 4-1(a) that stipulates that the Town Council may enter into a contract for services with the
Town Manager.
RECOMMENDATION:
It is Staff’s recommendation that the Town Council approve resolution 2017-34 approving and
adopting the proposed contract between the Town of Hayden and Mathew Mendisco, for services as
Town Manager.
MANAGER’S RECOMMENDATION/COMMENTS:
48
Employment
Agreement
EMPLOYMENT AGREEMENT
TABLE OF CONTENTS
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Section 9:
Section 10:
Section 11:
Section 12:
Section 13:
Section 14:
Section 15:
Section 16:
Section 17:
Section 18:
Section 19:
Section 20:
Section 21:
Section 22:
Introduction P.2
Employment P.2
Duties and Authority P.2
Compensation P.2
Health, Disability and Life Insurance Benefits P.2-3
Vacation and Sick Leave P.3
Transportation P.3
Retirement P.3-4
General Business and Professional Growth Expenses P.4-5 Hours of Work and
Compensatory Time P.5
Outside Activities P.5
Residency P.5
Renewal of Employment Agreement P.5
Performance Evaluation P.6
Suspension of Town Manager P.6
Termination P.6-7
Severance P.7-8
Resignation or Death P.8
Indemnification P.8-9
Bonding P.9
Other Terms and Conditions of Employment P.9-10
Notices P.1O
General Provisions P.10
49
Employment Agreement
Introduction
This Agreement, made and entered into this ____________2017, by and between the TOWN COUNCIL,
OF THE TOWN OF HAYDEN, COLORAD0, a home rule town, (the "Council") and Mathew Mendisco
(the ''Town Manager"), an individual who has the education, training and experience in local government
management and who, as a member of the Colorado City/County Management Association (CCCMA), is
subject to the ICMA Code of Ethics, both of whom agree as follows:
Section 1: Employment
The Town Manager is hereby hired from __________ 2017 to __________2018 as Town Manager for the
Town of Hayden, Hayden, Colorado (the "Town"), from the date of Town Council’s approval of this
document until Town Manager resigns or is terminated, subject to Section 8-2 of the Town Charter, and
Sections 12 (Renewal) of this agreement, as described below.
Section 2: Duties and Authority
The Council agrees to employ Mathew Mendisco as Town Manager to perform the functions and duties
specified in Section 4.1 of the Town of Hayden Charter and by Chapter 2.08 of the Town of Hayden Code
and to perform other legally permissible and proper duties and functions as may be assigned by the
Council.
Section 3: Compensation
A. Base Salary: The Council agrees to pay Town Manager an annual base salary of $99,750.00
(Ninety-nine Thousand Seven-Hundred Fifty Dollars) payable in equal installments at the same time
that the other management employees of the Town are paid.
B. This agreement shall be automatically amended to reflect any salary adjustments that are provided or
required by the Council's compensation policies.
C. Subject to Section 13, below, the Council agrees to increase the compensation of the Town Manager
by an amount equal to a minimum of that provided for other management employees. Increased
compensation shall be in the form of a salary increase or, if agreed to by the Council and Town
Manager, a bonus.
D. Town Manager shall be paid an amount not less than five percent (5%) more than any other Town of
Hayden full-time employee.
E.
50
Section 4: Health, Disability and Life Insurance Benefits
A. The Council agrees to provide and to pay the premiums for health, hospitalization, surgical,
vision, dental and comprehensive medical insurance under the terms and conditions as provided
for other management employees for the Town Manager and for Town Manager’s spouse and
dependents equal to that which is provided to all other management employees of the Town of
Hayden or, in the event no such plan exists, to provide coverage for the Town Manager and his
spouse and dependents as may be negotiated between the Town Manager and Council.
B. The Council shall pay the amount of premium due for term life insurance, which life insurance
shall be in an amount equal to 150% of the Town Manager's annual base salary, including all
increases in the base salary during the life of this agreement. The Town Manager shall name the
beneficiary of the life insurance policy.
Section 5: Vacation and Sick Leave
A. Town Manager is entitled to 20 days of vacation for each year, or pro-rated portion thereof, of
employment during each contract year, i.e. January 1 - December 31 (the "Contract Year"),
together with 12 days of other leave, to include federal and state holidays available to all
employees of the Town. Vacation leave is accrued proportionately to the time of service during
any Contract Year, but the entire yearly allowance may be utilized at any time during the
Contract Year, subject to reimbursement to the Town if leave is taken in excess of proportion
finally accrued.
B. Town Manager shall receive sick leave in an amount and subject to such conditions as are
applicable to all full-time Town employees.
C. Town shall provide long term disability coverage for the Town Manager.
D. The Town Manager is entitled to accrue all unused vacation leave, limited to a maximum accrual
of forty (40) days and in the event the Town Manager's employment is terminated, either
voluntarily or involuntarily, the Town Manager shall be compensated at the rate of 100% of the
Salary rate in effect at the time of termination for all accrued vacation time, all accrued sick leave
in accordance with the Town's Personnel Policy, all accrued compensatory time, all non-fixed
date (also commonly referred to as floating) holidays and other benefits to date.
Section 6: Transportation
The Council agrees to pay to the Town Manager, during the term of this Agreement, in addition to other
salary and benefits herein provided, the IRS standard mileage rate for any business use of his vehicle.
Town Manager shall keep accurate records of his mileage for business use and supply such detail
concerning his mileage as the Council may request. Town Manager shall be responsible for maintaining
his automobile in safe, usable condition, and for providing for all expenses incidental to automobile usage
including the cost of suitable automobile insurance coverage.
51
Section 7: Retirement
A. The Council agrees to execute all necessary agreements provided by the ICMA Retirement
Corporation (ICMA-RC) for Employer's participation in said ICMA-RC retirement plan and in
addition to the Salary paid by the Town, the Town agrees to pay an amount equal to seven
percent (7%) of Town Manager's Salary into the ICMA-RC on the Town Manager's behalf, in
proportionate amounts each pay period, and to transfer ownership of the Town Manager’s ICMARC retirement plan to succeeding employers upon Town Manager's resignation, termination
and/or separation.
B. In addition to the Council's payment to the state or local retirement system (as applicable)
referenced above, Council agrees to execute all necessary agreements provided by ICMA
Retirement Corporation [ICMA-RC] or other Section 457 deferred compensation plan for Town
Manager's continued participation in said supplementary retirement plan.
Section 8: General Business and Professional Growth Expenses
A. Council agrees to budget for and to pay for professional dues and subscriptions of the Town
Manager necessary to maintain membership in the International City Management Association
(ICMA), and $200 for continuation and participation in national, regional, state, and local
associations, and organizations necessary and desirable for the Town Manager's continued
professional participation, growth, and advancement, and for the benefit of the Town.
B. Subject to such approval as is described below, the Council agrees to budget for and to pay for
up to a maximum of $1,200 per year, or as may be approved in the annual budget, travel and
subsistence expenses of Town Manager for professional and official travel, meetings, and
occasions to adequately continue the professional development of the Town Manager and to
pursue necessary official functions for the Council, including but not limited to the annual
conferences of the Colorado Municipal League, and ICMA, and such other national, regional,
state, and local governmental groups and committees in which Town Manager serves as a
member. Reasonable efforts shall be made by the Town Manager to notify the Town Council of
his intent to attend such events.
C. The Council agrees to budget for and to pay up to a maximum of $200 per year, or as may be
approved in the annual budget, for travel and subsistence expenses of Town Manager for short
courses, institutes, and seminars that are necessary for the Town Manager's professional
development and for the benefit of the Council. Reasonable efforts shall be made by the Town
Manager to notify the Town Council of his intent to attend such events.
D. The Council recognizes that certain expenses of a non-personal but job related nature are
incurred by Town Manager, and agrees to reimburse or to pay said general expenses. The
finance director is authorized to disburse such moneys upon receipt of duly executed expense or
petty cash vouchers, receipts, statements or personal affidavits.
E. The Council acknowledges the value of having Town Manager participate and be directly
involved in local civic clubs or organizations. Accordingly, the Council agrees to budget for and
to pay for up to a maximum of $200 per year, or as may be approved in the annual budget, for
the reasonable membership fees and/or dues to enable the Town Manager to become an active
member in local civic clubs or organizations.
52
F. The Council shall provide the Town Manager with a laptop computer, software, fax/modern and
cell phone required for the Town Manager to perform the job and to maintain communication(s)
at all times. Such laptop computer shall be used exclusively for Town business and shall be
returned to Town at the time Town Manager resigns or is terminated.
Section 9: Hours of Work and Compensatory Time
The Council recognizes that the Town Manager must devote a great deal of time outside the normal office
hours on business for the Council, and to that end Town Manager shall be allowed to establish an
appropriate work schedule, subject to approval by the Council. In recognition of this extra time of work
anticipated to be performed by Town Manager, the Council will permit Town Manager to offset such
extra time by allowing the Town Manager to take compensatory time up to a maximum of forty (40)
hours per Contract Year to be used by Town Manager exclusively for time off during the Contract Year
(as defined in Section 5.B.of this Agreement)
Section 10: Outside Activities
The employment provided for by this Agreement shall be the Town Manager's sole employment.
Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the
Council and the community, the Town Manager, subject to the approval of the Council, may elect to
accept teaching, consulting or other business opportunities with the understanding that such arrangements
shall not constitute interference with or a conflict of interest with his responsibilities under this
Agreement. Such approval shall not be unreasonably withheld by the Council.
Section 11: Residency
Town Manager agrees to establish and maintain residency within five (5) miles of the corporate
boundaries of the Town of Hayden.
Section 12: Renewal of Employment Agreement
On or before December 6th, 2018, the Council shall take specific action to authorize the execution of a
renewal agreement on the following January 1st to renew this Agreement for a minimum of one (1) year,
or to not extend this Agreement. If the Agreement is so renewed, the Council shall thereafter annually
take specific action prior to November 1st to either authorize the execution of a renewal agreement as of
the following January 1st to renew this Agreement for a minimum of one (1) additional year, or to not
renew this Agreement. The Town Manager shall remind the Council annually in writing by October 1st of
this requirement of the Agreement. Notwithstanding any other language contained herein, the Council
shall give a notice of its intent not to renew this Agreement at least two (2) months prior to the expiration
of the term of this Agreement. If the Council gives such notice of its intent not to renew, the Town
Manager is entitled to remedies subject to Section 16 below.
Section 13: Performance Evaluation
53
The Council shall evaluate and assess in writing the performance of the Town Manager at least once on or
before November 1st during each Contract Year (as defined in Section 5.8.). This evaluation and
assessment shall be based on the Town Manager's job description, and upon any goals and objectives with
performance standards as agreed to in writing by the Council and Town Manager.
At the conclusion of each annual evaluation, the Council and Town Manager shall meet in closed
executive session for the purpose of mutual evaluation of the performance of Council and Town Manager.
In the event the Council determines that the performance of the Town Manager is unsatisfactory in any
respect, the Council shall describe in writing, in reasonable detail, specific instances of unsatisfactory
performance. The evaluation shall include recommendations as to areas where the Council deems
performance to be unsatisfactory. The Town Manager shall have the right to make a written response to
the evaluation which shall be attached to the Council's written evaluation.
The parties agree that the evaluation process established by this Agreement shall not be construed to be a
prerequisite to or a condition of dismissal or termination.
Section 14: Suspension of Town Manager
The Council may at any time suspend the Town Manager with pay and benefits and without prejudice for
up to twenty (20) business days upon written notice to the Town Manager of the reasons for the
suspension. Unless there is mutual agreement by the parties to do otherwise, at the end of the twenty (20)
day period the Council must either (a) Remove the Town Manager from suspension, or, (b) bring written
charges against the Town Manager and proceed with a Discharge for Cause, as specified in Section 15.B
below.
Section 15: Termination
This employment Agreement may be terminated by:
A. Mutual Agreement: This Agreement may be terminated by mutual agreement of the parties.
B. Discharge for Cause: Throughout the term of this Agreement the Town Manager shall be subject to
discharge for any one or more of the following reasons:
1. Failure of the Town Manager to substantially perform any duty set forth in this Agreement;
2. Conviction of a felony.
In the event of Discharge for Cause the Town Manager shall have the right to service of written charges,
notice of hearing and a hearing before the Council. If the Town Manager chooses to be accompanied by
legal counsel at the hearing, said legal expenses shall be paid by the Town Manager.
C. Unilateral Termination by the Council: The Council, by a majority vote at a duly authorized public
meeting may unilaterally terminate this Agreement without cause.
D. Failure to Renew: The Council fails to provide notice of intent to not renew this Agreement as
stipulated in Section 12 above.
E. Change of law: If the Council, citizens or legislature acts to amend any provisions of the charter,
code, or enabling legislation pertaining to the role, powers, duties, authority, existence or
54
responsibilities of the Town Manager's position that substantially changes the form of government,
the Town Manager shall have the right to declare that such amendments constitute termination.
F. Reduction in Compensation: If the Council reduces the base salary, compensation or any other
financial benefit of the Town Manager such action shall constitute a breach of this agreement and
will be regarded as a termination unless such reduction is applied in no greater percentage than the
average reduction of all department heads,.
G. Request to Resign: If the Town Manager resigns following an offer by the Council to accept
resignation, whether formal or informal, then the Town Manager may declare a termination as of
the date of the suggestion.
H. Breach of Contract: If a material breach of contract by Town Manager is declared by Town a 30
day cure period shall exist for Town Manager to cure such breach and if such breach is not cured
within such 30 day cure period. Town Manager shall be deemed to have breached this contract.
Written notices of a breach of contract shall be provided in accordance with the provisions of
Section 21.
Election of Councilmembers, as reflected above, shall for purposes of this Section mean the election or
appointment of one or more Councilmembers of the Town, at a regular or special election or appointment
by the Council.
The Town Manager shall be provided a minimum of thirty (30) days written notice of Council's intent to
terminate prior to termination unless the Town's action is to not renew this Employment Agreement, or
any succeeding employment agreement, and such action to not renew shall be subject to Section 12
above.
Section 16: Severance
Severance shall be paid to the Town Manager when employment is terminated as defined in accordance
with subsections C, D, E, F or G of Section 15 subject to the following conditions and payments:
The Town shall pay to Town Manager, within ten (10) days after the providing of written notice of
termination, the payment of four and one-half (4.5) month's aggregate salary, including, retirement
and cost of health insurance not to exceed the amounts then in effect, plus accrued and unpaid leave
in accordance with Section 5.0 of this Agreement. However, if such written notice of termination is
given within two (2) months after an election of Council members, the payment as reflected above
shall be equal to six (6) months aggregate salary, retirement and cost of health insurance, as above,
plus accrued and unpaid leave in accordance with Section 5.0 of this Agreement.
Notwithstanding the obligations specified above, the payments required under this Section shall not be
required to be made until the Town Manager shall have removed all of his personal property from the
Town and shall have returned to the Town all Town property in possession of the Town Manager. If,
within thirty (30) days of termination any Town property has not been returned then a reasonable amount,
as agreed to by the Council and Town Manager, shall be retained by the Town to cover replacement of the
Town property not returned and payments required under this Section shall not be further delayed.
55
Section 17: Resignation and Death
In the event that the Town Manager voluntarily resigns his position with the Town, the Town Manager
shall provide a minimum of 30 days’ notice unless the parties agree otherwise.
This Agreement shall automatically terminate upon the death of the Town Manager subject to the
payment to the Town Manager's spouse, or in case of the spouse's death, the Town Manager's estate, for
all of the Town Manager's accrued and unpaid leave in accordance with Section 5.O of this Agreement.
Section 18: Indemnification
A. Hold Harmless - The Council agrees that, to the extent it can legally do so, indemnify Town
Manager against any and all losses, damages, judgments, interest, settlements, fines, court
costs and other reasonable costs and expenses of legal proceedings including attorney’s fees,
and any other liabilities incurred by, imposed upon, or suffered by such Town Manager in
connection with or resulting from any claim, action, suit, or proceeding, actual or threatened,
arising out of or in connection with the performance of his or her duties and under the terms
of this agreement. Any settlement of any claim must be made with prior approval of the
Council in order for indemnification, as provided in this Section, to be available. In the event
the Town has provided a defense pursuant to this Section 18, and a court or other decisionmaking body having jurisdiction over the matter determines that the act or omission of the
Town Manager did not occur during the performance of his duties hereunder and within the
scope to his employment/employment agreement or that the act or omission was willful or
wanton or not in good faith, the Town Manager shall reimburse the Town for all costs of such
defense and indemnity actually incurred by the Town. Further, Council agrees to pay all
reasonable litigation expenses of Town Manager throughout the pendency of any litigation to
which the Town Manager is a party, witness or advisor to the Council. Such expense
payments shall continue beyond Town Manager's service to the Council as long as litigation
is pending. Further, Council agrees to pay Town Manager reasonable consulting fees and
travel expenses when Town Manager serves as a witness, advisor or consultant to Council
regarding pending litigation
B. Provision of a Defense. The obligations of the Town pursuant to this Section 18 shall be
conditioned on:
(a) prompt notification to the Town by the Town Manager of any threatened or reasonably
contemplated claim;
(b) full cooperation by the Town Manager with the Town and legal counsel in defending the
claim;
(c) the Town Manager not compromising, settling, negotiating or otherwise similarly dealing
with the claim without the express consent of the Council;
(d) the Town Manager may request and the Council shall not unreasonably refuse to provide
independent legal representation at Council's expense and Council may not unreasonably
withhold approval. Legal representation, provided by Council for Town Manager, shall
extend until a final determination of the legal action including any appeals brought by either
party.
C. Individual Liability of Council Members: In no event shall individual Council members be
individually or collectively liable or responsible to the Town Manager for defending or
56
indemnifying the Town Manager against such demands, claims, suits, actions, and legal
proceedings.
Section 19: Bonding
Council shall bear the full cost of any fidelity or other bonds required of the Town Manager under any
law or ordinance.
Section 20: Other Terms and Conditions of Employment
The Council, only upon agreement with Town Manager, shall fix any such other terms and conditions of
employment, as it may determine from time to time, relating to the performance of the Town Manager,
provided such terms and conditions are not inconsistent with or in conflict with the provisions of this
Agreement, the Town of Hayden Charter or any other law.
Except as otherwise provided in this Agreement, the Town Manager shall be entitled to the highest level
of benefits that are enjoyed by other appointed officials, appointed employees, department heads or
general employees of the Town as provided in the Charter, Code, Personnel Rules and Regulations or by
practice.
Section 21: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal
Service, postage prepaid, addressed as follows:
(1). COUNCIL: Hayden Town Council, Town of Hayden, P.O. Box 190, Hayden, CO 81639; with a
copy to: Michael J. Holloran, LLC, P.O. Box 773600, Steamboat Springs, CO,80477.
(2) TOWN MANAGER: Mathew Mendisco, P.O. Box 1370, Hayden, CO 81639; or, to a new address
as provided in writing by the Town Manager to the Town Clerk.
Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as
is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or
as the date of deposit of such written notice in the course of transmission in the United States Postal
Service.
Comment [m1]: Change to current address.
Section 22: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between the Council
and the Town Manager relating to the employment of the Town Manager by the Council. Any prior
discussions or representations by or between the parties are merged into and rendered null and void
by this Agreement. The parties by mutual written agreement may amend any provision of this
agreement during the life of the agreement. Such amendments shall be incorporated and made a part
of this agreement.
B. Binding Effect. This Agreement shall be binding on the Council and the Town Manager as well as
their heirs, assigns, executors, personal representatives and successors in interest.
C. Effective Date. This Agreement shall become effective on November 16th2017.
D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the
57
validity of any other provision. In the event that any provision of this Agreement is held to be invalid,
the remaining provisions shall be deemed to be in full force and effect as if they have been executed
by both parties subsequent to the expungement or judicial modification of the invalid provision.
E. Costs and Attorneys’ Fees. Anything to the contrary herein notwithstanding, in the event of any litigation
arising out of this Agreement, the court may award to the substantially prevailing party all reasonable costs
and expenses, including attorneys’ fees.
Section 23: Mediation. If a dispute arises relating to this Agreement and is not resolved, the parties shall
first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties
meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators
cannot impose binding decisions. The parties to the dispute must agree, in writing, before any settlement
is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of
such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is
not resolved within thirty days of the date written notice requesting mediation is delivered by one party to
the other at the party’s last known address.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective
names and in the case of the Town of Hayden, by its Mayor on the day and year first written above.
TOWN OF HAYDEN:
TOWN MANAGER:
James M. Haskins, Mayor
Mathew Mendisco, Town Manager
ATTEST:
Sharon Johnson, Town Clerk
58
RESOLUTION 2017-34
A RESOLUTION APPROVING A CONTRACT WITH THE TOWN MANAGER FOR SERVICES FOR
2018
RECITALS
Whereas, the Town of Hayden’s municipal government is a Council – Manager form and the
Town Council wishes to retain competent persons for the Town Manager’s position; and
Whereas, pursuant to Article 4 of the Town of Hayden Home Rule Charter the Town Council
shall appoint a Town Manager; and
Whereas, pursuant to Section 4-1.(a) of the Town of Hayden Home Rule Charter the Town
Council may enter into a contract for services with the Town Manager, at its sole
discretion; and
Whereas, the Town Council has selected Mathew Mendisco as Town Manager and negotiated
with Mathew Mendisco a contract for services for the year of 2018 attached hereto as
Attachment A.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF HAYDEN,
COLORADO THAT:
Section 1.
The Town Council approves a contract for services with Mathew Mendisco as
Town Manager attached hereto as Attachment A for the year 2018; and
Section 2.
The Town Council approves the Mayor’s and Town Clerk’s signatures on the
Town Manager’s contract.
INTRODUCED, PASSED, APPROVED, AND ADOPTED THIS 16th, DAY OF NOVEMBER, 2017.
__________________________
James M. Haskins, Mayor
ATTEST:
_________________________________
Sharon Johnson, Town Clerk
59
&
MEMORANDUM
HEIL
PL
LANNING
AW
, LLC
TO:
FROM:
RE:
DATE:
Hayden Town Council; Mathew Mendisco
Eric Heil, Development Code Consultant
Development Code – First Reading of Ordinance No. 17-XX on November 2, 2017
October 30, 2017
SUMMARY: This memorandum provides an overview of the Hayden Development Code presented to the
Town of Hayden Town Council for its review at the November 2, 2017 Council meeting. I was retained to
prepare a re-organized Development Code for the Town of Hayden which updated terms where appropriate
(e.g. Board of Trustees to Council); removed redundancies; and re-organized so that the Development
Code is easier to use for property owners, appointed and elected officials and the Town of Hayden staff.
The existing Hayden Land Use Code is based on the Department of Local Affairs Model Land Use
Code. This effort has focused on re-organizing the code and updating language where appropriate and
convenient, but retaining substantial sections of the existing Land Use Code language. Please note that
there are extensive footnotes in the Draft Development Code which indicate changes or use of the existing
language.
NOTE: There is a proposed motion for your convenience at the end of the memorandum.
PLANNING COMMISSION REVIEW: The Hayden Planning Commission conducted a worksession on
October 12, 2017 to review the draft Development Code and conducted a public hearing on October 26,
2017 whereupon they took action to recommend adoption of the Development Code. Resolution 17-01 of
the Hayden Planning Commission was approved and is attached to this Memorandum.
NAME AND RE-CODIFICATION: I am proposing that the new code is called the “Development Code”.
Other common terms include “Unified Code”, or “Land Use Code”. I find that short, plain language works
better for land use regulations. I am proposing that the existing Title 16 is re-codified at Title 7 to avoid any
confusion between the old Land Use Code and the new re-organized Development Code.
RE-ORGANIZATION: The Land Use Code has been re-organized from 13 Chapters to 8 Chapters by
better grouping various regulations. Overall, the existing Land Use Code is 364 pages (not including the
tables of contents) and the Draft Development Code is 273 pages.
The Development Code has been re-organized as follows:
7.04 General Provisions.
7.08 Definitions.
7.12 Authority.
7.16 Development Review Procedures.
7.20 Zone Districts.
7.24 Development Standards.
7.28 Signs.
7.32 Flood Plain Regulations.
Heil Law & Planning, LLC
303.975.6120
ericheillaw@gmail.com
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COMMENTS ON EACH SECTION: Quick comments on each section are provided as follows:
7.04 General Provisions. This section included all the miscellaneous administration, interpretation,
enforcement, and other beneficial legal ease language. 7.04 is similar to 16.01 except that Definitions has
been moved to 7.08 and public hearing provisions has been moved to 7.16 Development Review
Procedures. Provisions for Non-Conforming Uses have been moved from Zoning to this Chapter because
non-conforming uses are related to transition of the code. The zone district section is now limited to zone
districts with descriptions of permitted uses and definition of area requirements.
7.08 Definitions. All definitions in all Land Use Code articles are consolidated in this section. This
includes definitions from the Flood Plain Regulations, Mobile Homes and RV Parks.
7.12 Authority. All Development Code authorities are consolidated in this Chapter, including Town
Council., Planning and Zoning Commission, Manager, Board of Adjustments, and the Historic Commission.
7.16 Development Review Procedures. This is the bulk of the general procedures and review criteria for
each development application. NOTE: There is general authority delegated to Manager to determine
development applications under 7.16.020(b)(2); therefore, all the application submittal requirements in the
Land Use Code do not need to be included in the Development Code. Rather, the Manager can create an
“Administrative Manual” which is a collection of application forms that include the minimum required
information. This significantly reduces code language, deletes redundancies, and allows for amending and
updating application submittal requirements administratively rather than requiring an amendment to the
Development Code. Existing Development Application forms will be reviewed to verify consistency with the
existing Land Use Code requirements. The consolidation of Development Review Procedures for nearly all
development applications into one Chapter substantially improves the ability to find the correct process,
improves the ability to process multiple applications concurrently, and improves the consistency of review
procedures and notice requirements. Each development application sub-section is organized in a
consistent format of (a) Review Procedures, (b) Review Authority, and (c) Review Criteria.
7.20 Zone Districts. Planned Unit Developments, the Board of Adjustments, non-conforming uses,
temporary uses were moved to other sections. This Chapter now addresses only the 9 zone districts with
permitted uses, conditional uses, building height and area regulations.
7.24 Development Standards. All development standards are consolidated here, Mobile homes, RV
Parks, Oil and Gas regulations. Development standards were not revised.
7.28 Signs. No Changes were made to the Sign Chapter.
7.32 Flood Plain Regulations. No changes other than definitions moved to 7.08. It may be possible in a
future update to include Flood Plain Regulations in the Development Review Procedures and in the
Development Standards; however, that requires review of State flood plain regulation requirements and
changes to certain administrative provisions so that it is consistent with the balance of the Development
Code.
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SPECIFIC CHANGES FOR CONSIDERATION: In this draft of the Development Code, the focus was on
re-organization, consolidation and clarifying development application procedures. No substantive changes
were proposed to permitted uses in zone districts, area or dimension requirements in zone districts, or
development standards. The following development application procedural requirements are specifically
identified for your awareness and concurrence:
7.16.020(c). New timeframes for development application processing and action are proposed, as follows:
Determination of Completeness:
10 business days.
Notice:
15 days is used in the Development Code; however, a shorter
period, such as 10 or 11 is suggested for consideration, which still
allows notice but decreases total review process time for
applicants. Planning Commission recommended 10 days, which
is included in the proposed motion.
Public Hearing timeframes:
75 to schedule hearing after application determined complete,
unless applicant consents to extension.
Planning Commission and Council may continue public hearing
for a maximum of 65 days and up 95 days maximum if applicant
consents. Planning and Council has 35 days after close of public
hearing to adopt findings and make final decision.
Required Processing:
Allows administrative withdrawal of development application if
there is no further progress by applicant for a period of 4 months.
Termination of Approval:
Development approvals, particularly Site Plans, expire two years
after the date of approval unless an extension is granted.
Conditional Use:
Land Use Code requires mailing to property owners within 300
feet and sending to referral agencies 30 days in advance. Should
this be amended to follow general requirements in 7.16.020.
Subdivision:
Early Grading prior to final plat. The existing Land Use Code
subdivision regulations had a provision that allows for “early
grading” prior to final plat approval. I did not include this provision
because it is a poor practice that can quickly compromise the
Town’s review authority and lead to legal controversies.
Site Plan:
This is a consolidation of the “Plot Plan” and “Site Plan” review in
the existing Land Use Code. They are the same, except that Plot
Plan was an administrative review and Site Plan was a Planning
Commission review.
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CODE AMENDMENT PROCESS: The process to amend the existing Hayden Land Use Code is set forth
in the Zoning Chapter, 16.03.110. Although 16.03.110 states that it only applies to the amendments to the
“this Article” which is Article 3 Zoning, the process is the statutory process that applies to amendments to
all land use regulations. Generally, the process requires at least one public hearing by the Planning
Commission, posting and publishing of a public hearing at least 15 days in advance, at least one public
hearing by the Town Council, and adoption of an ordinance by the Town Council. The criteria for a text
amendment includes:
1. To correct a manifest error in the text of this Article; or
2. To provide for changes in administrative practices as may be necessary to accommodate changing
needs of the community and the Town Staff; or
3. To accommodate innovations in land use and development practices that were not contemplated at the
adoption of this Article; or
4. To further the implementation of the goals and objectives of the Town Comprehensive Plan.
SCHEDULE: In accordance with the existing Town of Hayden Land Use Code, the minimum required
process to amend and replace the Land Use Code with the Development Code could follow this schedule:
Worksession – October 12, 2017: Planning Commission
Public Hearing – October 26, 2017: Planning Commission
Public Hearing – First Reading of Ordinance Adopting Development Code – November 2, 2017: Council
Public Hearing – Second and Final Reading of Ordinance – November 16, 2017: Council
ANALYSIS OF EXISTING CODE: A few notes are provided on existing code language for future Planning
Commission consideration to assist with prioritizing additional review and updates to the Development
Code.
Review of Setbacks for Primary and Accessory Structures: Planning Commission identified the need to
clarify setback definitions for primary versus accessory structures, particularly in the historic areas of
Hayden.
Historic Commission: It is not necessary to have a “Historic Commission” that is separate from the
“Planning Commission”. The Planning Commission is appointed to serve as the Historic Commission and
could perform the same powers and duties of the Historic Commission. There may be interest in reviewing
the scope of the Historic Commission, property owner consent, and regulatory authority for historic
preservation in the Development Code.
Temporary Uses: Language could be improved and expanded to provide more guidance on temporary
uses, which often fall outside of permitted uses, conditional uses and accessory uses.
Expansion of Multi-Family Definition: Town’s planning staff expressed interest in this topic.
Definition of “Family”: Many communities are revisiting the definition of family to better incorporate a
greater diversity of household arrangements. Common definitions of “family” found in zoning codes often
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date back to the 1970’s. Statistically, typical household composition has changed since that time such that
the percentage of traditional related family households has declined.
Town homes, tiny homes: Town’s planning staff expressed interest in this topic.
Parking: Should be reviewed to determine if minimum parking requirements are appropriate.
Adult Businesses: Existing language is extensive. This topic could be addressed with less and more
concise language.
Oil and Gas Regulations: Should be reviewed for compliance with the law.
Signs: Must be updated to comply with content neutral requirements of Town of Gilbert case.
Flood Plain Regulations: Should be reviewed for compliance with the law.
1041 Regulations: Consideration of 1041 regulations may be desired in the future. 1041 regulations is a
commonly adopted set of regulations for reviewing large utilities and infrastructure, such as utility pipelines,
power lines, and major public facilities that may have unique impacts.
Planned Unit Development regulations. The PUD language could be improved; however, the benefit of
improving the language depends upon the extent to which the PUD district is used in Hayden.
PROPOSED MOTION: “I move to approve first reading of Ordinance No. 679 with the amendment that the
minimum number of days for providing notice shall be amended to ten days.”
Thank you, Eric
64
HAYDEN PLANNING COMMISSION
RESOLUTION NO. 17-01
RECOMMENDING ADOPTION OF THE HAYDEN DEVELOPMENT CODE
WHEREAS, the Hayden Planning Commission and the Hayden Town Council initiated the revision,
correction, update, and replacement of the Hayden Land Use Code with the Hayden Development Code;
and
WHEREAS, Section 16.03.110 Amendments of Article 3 – Zoning of the Hayden Land Use Code sets forth
the process and review criteria for applications to amend the Land Use Code; and
WHEREAS, the Hayden Town Clerk caused the publishing and posting of a notice of a public hearing to be
held on Thursday, October 26, 2017 by the Hayden Planning Commission in accordance with the Hayden
Land Use Code, and the Hayden Planning Commission conducted such public hearing and considered all
comments before taking action to make a recommendation to the Hayden Town Council’ and,
WHEREAS, the Hayden Planning Commission specifically finds that the Hayden Development Code meets
several review criteria in Section 16.03.110.E. of the Hayden Land Use Code; including:
1. The Hayden Development Code will correct numerous manifest errors in the text of the Land Use Code;
2. The Hayden Development Code incorporates changes in administrative practices to improve the efficiency
of administration of land use regulations;
3. The Hayden Development Code accommodates innovations in land use and development practices that
were not contemplated at the time of the adoption of the Article 3, Title 16, including but not limited to revisions
to the development application review procedures, adoption of an alternative design process, allowance of
concurrent development applications, review of location, character and extent applications; and,
4. The adoption of the Hayden Development Code will further implement the goals and objectives of the
Town Comprehensive Plan, including but not limited to encouraging traditional “Hayden” development –
Compact Growth, as set forth in Section 3.3 and further utilizing the Implementation Tools as set forth in
Section 5.1.
NOW, THEREFORE, BE IT RESOLVED BY THE HAYDEN PLANNING COMMISION that:
The Hayden Planning Commission recommends adoption of the Hayden Development Code, attached to
this Resolution.
By:_________________________________________
Angie Robinson, Chairperson
Attest:________________________________
Sharon Johnson, Town Clerk
65
ORDINANCE NO. 679
AMENDING THE HAYDEN MUNICIPAL CODE BY ENACTING TITLE
7: THE HAYDEN DEVELOPMENT CODE; REPEALING CHAPTER 12.05
VACATION OF STREETS AND ALLEYS; REPEALING TITLE 16: LAND
USES; REALING TITLE 17: ZONING; REPEALING AND, REPEALING
ORDINANCES NOS. 093, 186 AND 317.
WHEREAS, the authority for the Town of Hayden (“Town”) to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Hayden home rule charter; Article 65.1 Areas and Activities of State
and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit
Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised
Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised
Statutes; and Article 12 Annexation – Consolidation – Disconnection, Article 15 Exercise of
Municipal Powers, Article 16 Ordinances – Penalties, Article 20 Taxation and Finance, Article 23
Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised Statutes;
and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Hayden Municipal
Code and after providing proper notice, the Hayden Planning and Zoning Commission held a
public hearing on October 26, 2017 and after considering all public comments received and
testimony and materials provided by Town staff provided a recommendation to the Town Council
on October 26, 2017 to adopt the Hayden Development Code, by and through the adoption of
Hayden Planning Commission Resolution No. 17-01; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Hayden Municipal
Code and in accordance with the requirements of the Hayden Home Rule Charter, after providing
proper notice, the Hayden Town Council held a public hearing on November 16, 2017; and
considered all public comments received and all testimony and materials provided by Town Staff
prior to making a decision; and
WHEREAS, the Hayden Town Council specifically finds that the Hayden Development Code
meets several review criteria in Section 16.03.110.E. of the Hayden Land Use Code; including:
1. The Hayden Development Code will correct numerous manifest errors in the text of the
Land Use Code;
2. The Hayden Development Code incorporates changes in administrative practices to
improve the efficiency of administration of land use regulations;
3. The Hayden Development Code accommodates innovations in land use and
development practices that were not contemplated at the time of the adoption of the Article
3, Title 16, including but not limited to revisions to the development application review
Ord. 679 Adopting Hayden Development Code
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66
procedures, adoption of an alternative design process, allowance of concurrent
development applications, review of location, character and extent applications; and,
4. The adoption of the Hayden Development Code will further implement the goals and
objectives of the Town Comprehensive Plan, including but not limited to encouraging
traditional “Hayden” development – Compact Growth, as set forth in Section 3.3 and
further utilizing the Implementation Tools as set forth in Section 5.1.
WHEREAS, the Town Council finds that the adoption of the Hayden Development Code will
implement the Hayden Comprehensive Plan, including all related plans and amendments thereto,
and will thereby promote the health, safety and general welfare of the Hayden community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town
Council desires to comply the requirements of the Hayden Home Rule Charter by setting a public
hearing in order to provide the public an opportunity to present testimony and evidence regarding
the application and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
HAYDEN, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Enacted. Title 7: Hayden Development Code, attached to this Ordinance as Exhibit
A is hereby enacted.
Section 3. Repealed. Chapter 12.05 Vacation of Streets and Alleys is hereby repealed in its
entirety.
Section 4. Repealed. Title 16: Land Use and Title 17: Zoning of the Hayden Municipal Code
are hereby repealed in their entirety.
Section 5. Repealed. Ordinance Nos. 093, 186 and 317 are hereby repealed in their entirety.
Section 6. Codification Amendments. The codifier of the Town’s Municipal Code is hereby
authorized to make such numerical and formatting changes as may be necessary to incorporate the
provisions of this Ordinance within the Hayden Municipal Code. The Town Clerk is authorized
to correct, or approve the correction by the codifier, of any typographical error in the enacted
regulations, provided that such correction shall not substantively change any provision of the
regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation,
enumeration, and grammatical errors.
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Section 7. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 8. Effective Date. This Ordinance shall take effect fifteen (15) days after second
publication in accordance with Section 3-3(h) of the Hayden Home Rule Charter.
Section 9. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Hayden, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance 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 Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 10. Repealer. All bylaws, orders, ordinances, resolutions, and other instruments or parts
thereof that are in conflict with this Ordinance are hereby repealed only to the extent of such
conflict. This repealer shall not be construed to revive any bylaw, order, ordinance, resolution, or
other instrument, or part thereof, heretofore repealed.
Section 11. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
[EXECUTION PAGE FOLLOWS]
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INTRODUCED, READ AND ORDERED PUBLISHED PURSUANT TO SECTION 3-3(d)
OF THE HAYDEN HOME RULE CHARTER, BY THE TOWN COUNCIL OF THE
TOWN OF HAYDEN, COLORADO, UPON A MOTION DULY MADE, SECONDED AND
PASSED AT ON NOVEMBER 2, 2017, and setting a public hearing for November 16, 2017 at
the Council Chambers of the Hayden Town Hall, located at 178 West Jefferson Avenue, Hayden,
Colorado.
BY:________________________________
James M. Haskins, Mayor
ATTEST:__________________________
Sharon Johnson, Town Clerk
FINALLY ADOPTED, PASSED, APPROVED, AND ORDERED PUBLISHED
PURSUANT TO SECTION 3-3(h) OF THE HAYDEN HOME RULE CHARTER, BY THE
TOWN COUNCIL OF THE TOWN OF HAYDEN, COLORADO, UPON A MOTION
DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE
TOWN OF HAYDEN, ON THE 16TH DAY OF NOVEMBER, 2017.
BY:________________________________
James M. Haskins, Mayor
ATTEST:__________________________
Sharon Johnson, Town Clerk
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Town of Hayden
Town Council Agenda Item
th
MEETING DATE: November 16 , 2017
AGENDA ITEM TITLE: Consideration and Approval of Notice of Award for Town of Hayden WTP Clarifier
Upgrade Project
AGENDA SECTION: Old Business
PRESENTED BY: Alex Evontiz
CAN THIS ITEM BE RESCHEDULED: No
BACKGROUND REVIEW: This Notice of Award is in reference to the contractor that has been recommended by
staff to complete the Clarifier Upgrade Project. After a public bidding process Mueller Construction Services, Inc.
was recommended by our engineer JVA as the lowest most responsible bidder.
The contract price is $230,332.00 which was significantly lower than our original estimates. Staff final estimate
for the project is now approximately $375,000 which is $175,000 less than originally estimated.
We will have two other contracts coming up for review in the next month. One will be construction
management for the project (estimate is 15K), and the final DOLA contract so we can receive the grant monies
awarded (estimate right now is $122,666).
RECOMMENDATION: Staff’s recommendation is Council approve Notice of Award for the Town of Hayden WTP
Clarifier Upgrade Project to Mueller Construction Services Inc., and authorize staff to draft the final contract for
th
final approval at the December 7 , 2017 meeting subject to final DOLA contract signing with the Town of
Hayden.
MANAGER’S RECOMMENDATION/COMMENTS: I concur with this recommendation
70
Notice of Award
Date: November 16, 2017
Project: Town of Hayden WTP Clarifier Upgrade Project
Owner: Town of Hayden
Owner's Contract No.:
Contract: Town of Hayden WTP Clarifier Upgrade Project
Engineer's Project No.:2292.10c
Bidder: Mueller Construction Services, Inc.
Bidder's Address: 5032 County Road 154 Glenwood Springs, CO 81601
You are notified that your Bid dated November 16, 2017 for the above Contract has been considered.
You are the Successful Bidder and are awarded a Contract for the clarifier upgrades at the Town of Hayden
Water Treatment Plant. All necessary labor, supervision, equipment, tools, and materials to modify the existing
clarifier building; install plate settlers and trac vacuum sludge collection system; replace valves; and upgrade
SCADA and controls at existing WTP site. Installation of all electrical conduit and wiring, motor control
centers, programmable logic controllers, and controls. Work to include all associated site work related to the
project.
The Contract Price of your Contract is two hundred thirty-thousand three hundred thirty-two Dollars ($
230,332.00).
4 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
4 sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within 15 days of the date you receive this Notice
of Award.
1. Deliver to the Owner 4 fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security Bonds as specified in the
Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary
Conditions (Paragraph SC-5.01).
3. Other conditions precedent:
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
Town of Hayden_______________________________________
Owner
By:
Authorized Signature
Title
Copy to JVA, Inc.
Copy to Town of Hayden
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Town of Hayden
Town Council Agenda Item
MEETING DATE: November 16, 2017
AGENDA ITEM TITLE: Review and Consider Approval of Clor Tec Systems Proposal for Replacement of
Chlorination System at WTP.
AGENDA SECTION: New Business
PRESENTED BY: Alex Evontiz
CAN THIS ITEM BE RESCHEDULED: Yes, but not recommended
BACKGROUND REVIEW: Staff is recommending replacement of our current chlorination system at the water
treatment plant (WTP). We solicited a quote from three different companies and Clor Tec the manufacturer of
our current system and the system current in use at the Seneca Hill water tank was the low proposal.
It has been explained that because of our current system mechanicals and plumbing there is far less
modification with Clor Tec verses an entirely new installation from a different supplier.
WTP staff and I believe that the Clor Tec system is our best choice at this time. They are a sole source for this
equipment package in the State. The fact we currently have this manufacturers system in use at the WTP which
is being upgraded, and also the system at Seneca Hill which will remain staff is familiar with operational
requirements. There is a 2017 budget item for WTP Equipment replacement, that has $25,000 available and its
our suggestion that we use funds in the 2017 fiscal year for this replacement. Delivery will be roughly 4 weeks
with the installation occurring shortly thereafter.
This is a critical system for the continued production of a quality drinking water. We have experienced reliability
issues with the existing outdated system and this effort will make us current.
RECOMMENDATION: Staff recommends Council approve the proposal from Clor Tec and authorize the Town
Manager to sign a contract with Clor Tec for the amount listed in the attached proposal.
MANAGER’S RECOMMENDATION/COMMENTS: I concur with this recommendation.
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Quote 1172
Description Title
Client
November 7, 2017
Clortec On-Site Hypochlorite Generation Systems
Town of Hayden Water Plant
Attn. Alex Evonitz
1
2
3
4
5
6
7
Remove existing 3 T-12 Cells and replace with 1 CT-75 clear horizontal cell.
System will run as 36 pound per day system with existing rectifier.
DeNora factory Warranty for 84 months on electrode only (pro-rated after 2 years )
Re-locate rectifier below cell to allow better cooling and access.
Replace existing ball valves on tank discharge to pumps.
Replace Mini OCS 2 line display with Horner XL4 color touch screen
Replace Fuji AF300 ½ horsepower drive with new equivalent or equal.
Total all parts and labor $20,000.00
No sales taxes included No permits included.
First available installation time scheduled after parts arrive.
Terms
net 30
Price quote valid 60 days from above date.
Lead time is 4 week for Cell and 2 weeks for other parts.
New electrolytic cells carry a pro-rated 84 month factory warranty
Thank you
James R. Hawkins
Hawkins & Company
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From: Galyon, Tony [mailto:tgalyon@dxgroup.com]
Sent: Friday, October 27, 2017 2:20 PM
To: scott.price@haydencolorado.org
Subject: DPC Superior SO2 auto switchover
Scott,
Pricing that DPC can provide the Town of Hayden is as follows:
SUPERIOR Automatic Switchover SD-16 SO2 chlorinator at 100-PPD capacity.
$ 4,264.00
per unit
Shipping to Town of Hayden WWTP
$ 50.00
STANDARD FEATURES:
EJ-1 Hi/Low Pressure Ejector/Check Value Assembly. 3# nozzle
SPR-1 Pressure Relief/Vent Value
RM-1S Remote Meter Tube/Feed Rate Control Panel
50 ft. vent & vacuum tubing
20 – lead cylinder connection gaskets
1 – cylinder wrench
1 – vent insect screen
All fiberglass reinforced ABS molding
Titanium non-corroding bolts & nuts
All of the Superior complete systems carry a three year warranty, even when used in
conjunction with other manufacturer's components!
Force Flow Hydraulic Duel Chlor-Scale 150
Shipping to the Town of Hayden WWTP
$
$ 1,805.00
50.00
See attached brochures. Please reach out to me with any questions.
Thank you for all the support you have given DPC over the years!
Tony,
Tony Galyon
District Sales Representative
DPC Industries
Office: 303 536-4000/Toll Free: 877 372-7155
Cell: 719 251-0023
tgalyon@dxgroup.com
74
Town of Hayden
Town Council Agenda Item
th
MEETING DATE: November 16 , 2017
st
AGENDA ITEM TITLE: 1 Reading of Ordinance 680 An Ordinance Amending Chapters 13.08 Plant Investment
Fees, 13.60 Water and Sewer Rates and 13.80 Key Pump Water Customers, of the Hayden Municipal Code and
Setting a Public Hearing on December 7, 2017.
AGENDA SECTION: New Business
PRESENTED BY: Mathew Mendisco
CAN THIS ITEM BE RESCHEDULED: No
BACKGROUND REVIEW: In March 2017 staff along with Council representation reviewed the water and sewer
rate study of the Town’s water and sewer rates conducted by RCAC, a third party consultant that analyses water
and sewer rates for rural municipalities. Using that data they create a financial model that the municipality can
use to plan for budget purposes specifically infrastructure replacement. In that rate study (which is attached to
Ordinance 680) it showed that current Town water and sewer rates were not financially sustainable enough to
have the enterprise fund be self-funded.
In July 2017 Stantec Engineering presented to Council a Comprehensive Capital Improvement Plan (CCIP) which
rated all of the above ground water and sewer assets and then assigned a replacement cost to them based on
the year of which they should be scheduled for replacement. Several industry standards were used to determine
the final year of replacement and costs for replacement. These costs were then plugged into the rate model to
determine final infrastructure costs for the next 30 years.
th
On November 7 , 2017 the voters of Hayden voted in favor of approving a bond issue that supplemented the
infrastructure needs of the enterprise fund with 2.25 million in water and sewer infrastructure upgrades. This
enabled staff to recommend lower water and sewer rate increases for the upcoming years.
The final rate study was presented to the Council twice, once in October 2017 after it was updated with current
infrastructure costs and the assumption that the Bond issue would pass.
While staff is not recommending Council raise rates to the recommended level in the rate study we are
recommending the following increases and changes to the water and sewer fee structure:
1. Staff is recommending per the rate study that Council change the water and sewer customer
structure to a meter sized model. This is the industry standard used across the US and is
recommended by American Water Works Association.
75
2.
Plant Investment Fee calculations will also be based on the potential demand of the building and
that determination will be made by the Town’s professional consulting engineer using an industry
standard of fixture count.
3. Staff is recommending the following rate increases for water and sewer base rates based on our
new meter sized structure:
Water Base Rates
• 5/8 meters and ¾ meters will be $47.85 per month.
• 1” meters will be $91.70 per month.
• 1.5” meters will be $183.40 per month.
• 2” meters will be $366.80 per month.
• 3” meters will be $733.60 per month.
Sewer Base Rates
• 5/8 meters and ¾ meters will be $21.35 per month.
• 1” meters will be $42.69 per month.
• 1.5” meters will be $85.40 per month.
• 2” meters will be $170.80 per month.
• 3” meters will be $341.60 per month.
Water Usage Rates
• $4.00 per thousand gallons of metered usage up to a total of five thousand (5,000) gallons of
metered usage per billing period; and
• $5.00 per thousand gallons of metered usage more than five-thousand one (5,001) gallons up to
ten thousand (10,000) of metered usage per billing period; and
• $6.00 per thousand gallons of metered usage more than ten-thousand one (10,001) gallons up to
twenty thousand (20,000) of metered usage per billing period; and
• $8.00 per thousand gallons of metered usage more than twenty-thousand one (20,001) gallons up
to forty thousand (40,000) of metered usage per billing period; and
• $10.00 per thousand gallons of metered usage more than forty-thousand one (40,001) gallons up
to seventy thousand (70,000) of metered usage per billing period; and
• $13.00 per thousand gallons of metered usage more than seventy-thousand one (70,001) gallons
up to one-hundred thousand (100,000) of metered usage per billing period; and
• $16.00 per thousand gallons of metered usage more than one- hundred thousand one (100,001)
gallons up to one-hundred fifty thousand (150,000) of metered usage per billing period; and
• $19.00 per thousand gallons of metered usage more than one-hundred fifty thousand one
(150,001) gallons of metered usage per billing period.
Sewer Usage Rates
• The metered sewer rate, which shall be equal to an average number of water gallons metered to a
customer during the months defined in the metered rate formula (October-April), times a multiplier
equal to the water metered rate schedule.
• If no average has been established for a customer during the months defined in the metered rate
formula, the user shall pay a fee equal to the average as established for all same meter size
customers until an average for the user can be established.
Key Pump Rates
• $.00834 per gallon of metered usage up to a total of three thousand (3,000) gallons of metered
usage per billing period; and
76
•
•
$.00870 per gallon of metered usage more than three thousand one (3,001) gallons and up to
eight thousand (8,000) gallons of metered usage per billing period; and
$.01909 per gallon of metered usage more than eight thousand (8,000) gallons of metered usage
per billing period.
The water and sewer rates are scheduled for 4.5% increases for the next four years per staff’s recommended
increases in the rate study.
Putting in place these rate increases allows the enterprise fund to become self-funding in 2018 and beyond as
well as allows the Town to start building reserves for infrastructure replacement.
st
RECOMMENDATION: Staff recommends that Council approve 1 Reading of Ordinance 680 An Ordinance
Amending Chapters 13.08 Plant Investment Fees, 13.60 Water and Sewer Rates and 13.80 Key Pump Water
Customers, of the Hayden Municipal Code and Setting a Public Hearing on December 7, 2017.
MANAGER’S RECOMMENDATION/COMMENTS: I concur with this recommendation.
77
78
79
ORDINANCE NO. 680
AN ORDINANCE AMENDING CHAPTERS 13.08 PLANT INVESTMENT FEES, 13.60 WATER AND SEWER
RATES AND 13.80 KEY PUMP WATER CUSTOMERS, OF THE HAYDEN MUNICIPAL CODE
RECITALS
Whereas, The Town of Hayden, Colorado (the “Town”) is a home rule municipality duly organized and
existing under Article XX of the Colorado Constitution and the Town of Hayden Home Rule Charter (the
“Charter”); and
Whereas, The Town is the owner of a municipal water and wastewater system (the "System"), which
System historically has been operated on a self-supporting basis with its financial operations accounted
for in a water and sewer enterprise fund of the Town; and
Whereas, The Hayden Town Council has determined fee increases are necessary to fund and properly
repair, maintain and operate the water and sanitary sewer utility systems and therefore it is necessary to
amend Chapters 13.08 Plant Investment Fees, 13.60 Water and Sewer Rates and 13.80 Key Pump Water
Customers of the Hayden Municipal Code updating fees; and
Whereas, The purpose of this ordinance is to repeal Ord 671 and reenact the prior ordinance with the
corrected rates in Sections 13.08, 13.60, and 13.80.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF HAYDEN,
COLORADO:
Section 1. Adoption.
Chapter 13.08.010 is deleted and the following substituted:
13.08.010
Plant Investment Fees Designated.
Plant Investment Fees for the privilege of tapping or connecting with the Town water and sanitary sewer
systems to serve properties located within the corporate limits of the Town are imposed and established
on the basis of the following Customer Classification System. Each meter size classification is assigned an
Single Family Equivalent unit (SFE). The SFE is multiplied times seven thousand three hundred dollars
($7,300.00) to determine the Water Plant Investment Fee for each meter size customer classification and
times five thousand nine hundred dollars ($5,900.00) to determine the Sewer Plant Investment Fee for
each meter size customer classification.
Chapter 13.60 of the Hayden Town Code is hereby amended as follows:
Section 13.60.010, B. is hereby deleted and the following substituted:
1.
The monthly water user fee is equal to:
80
•
The water base rate equals forty-five dollars and eight-five cents ($45.85) for a five-eighths
inch (5/8) meter and three-quarter inch (3/4) meter which is equal to one (1) SFE; and
•
The water base rate equals ninety-one dollars and seventy cents ($91.70) for a one inch (1”)
meter, which is equal to two (2) SFE’s; and
•
The water base rate equals one-hundred eighty-three dollars and forty cents ($183.40) for
a one and half inch (1.5”) meter, which is equal to four (4) SFE’s; and
•
The water base rate equals three-hundred sixty-six dollars and eighty cents ($366.80) for a
two inch (2”) meter, which is equal to eight (8) SFE’s; and
•
The water base rate equals seven-hundred thirty-three dollars and sixty cents ($733.60) for
a three inch (3”) meter, which is equal to sixteen (16) SFE’s.
2. The metered rate which shall be equal to the following stated amounts for the listed user:
•
$4.00 per thousand gallons of metered usage up to a total of five thousand (5,000)
gallons of metered usage per billing period; and
•
$5.00 per thousand gallons of metered usage more than five-thousand one (5,001)
gallons up to ten thousand (10,000) of metered usage per billing period; and
•
$6.00 per thousand gallons of metered usage more than ten-thousand one (10,001)
gallons up to twenty thousand (20,000) of metered usage per billing period; and
•
$8.00 per thousand gallons of metered usage more than twenty-thousand one
(20,001) gallons up to forty thousand (40,000) of metered usage per billing period;
and
•
$10.00 per thousand gallons of metered usage more than forty-thousand one
(40,001) gallons up to seventy thousand (70,000) of metered usage per billing
period; and
•
$13.00 per thousand gallons of metered usage more than seventy-thousand one
(70,001) gallons up to one-hundred thousand (100,000) of metered usage per billing
period; and
•
$16.00 per thousand gallons of metered usage more than one- hundred thousand
one (100,001) gallons up to one-hundred fifty thousand (150,000) of metered usage
per billing period; and
•
$19.00 per thousand gallons of metered usage more than one-hundred fifty
thousand one (150,001) gallons of metered usage per billing period.
3. Senior Citizen and Disabled User: The metered rate for senior citizens and disabled users is
equal to sixty percent (60%) of the water base rate and metered rate for residential users.
4. Out-of-Town users: The water base rate and metered rate for all out-of-Town users is equal to
two hundred percent (200%) of the water base rate and metered rates reflected above.
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5. Non-metered/broken meter rate equals the average monthly usage amount for an equivalent
customer type, i.e., total gallons metered divided by number of metered water customers for an
equivalent customer type, for the billing period times the metered rate for such billing period.
Section 13.60.030, B. is hereby deleted and the following substituted:
B. The Monthly Sewer User Fee is equal to:
•
The sewer base rate equals twenty-one dollars and thirty-five cents ($21.35) for a fiveeighths inch (5/8) meter and three-quarter inch (3/4) meter which is equal to one (1) SFE;
and
•
The sewer base rate equals forty-two dollars and sixty-nine cents ($42.69) for a one inch
(1”) meter, which is equal to two (2) SFE’s; and
•
The sewer base rate equals eighty-five dollars and forty cents ($85.40) for a one and half
inch (1.5”) meter, which is equal to four (4) SFE’s; and
•
The sewer base rate equals one-hundred seventy dollars and eighty cents ($170.80) for a
two inch (2”) meter, which is equal to eight (8) SFE’s; and
•
The sewer base rate equals three-hundred forty-one dollars and sixty cents ($340.60) for a
three inch (3”) meter, which is equal to sixteen (16) SFE’s.
2. The metered sewer rate, which shall be equal to an average number of water gallons metered to a
customer during the months defined in the metered rate formula (October-April), times a
multiplier equal to the water metered rate schedule.
3. If no average has been established for a customer during the months defined in the metered rate
formula, the user shall pay a fee equal to the average as established for all same meter size
customers until an average for the user can be established.
CHAPTER 13.80 of the Hayden Town Code is hereby amended as follows:
1.
Section 13.80.020 is hereby deleted and the following substituted:
The metered rate for water delivered to key pump water customers shall be computed as follows:
A. $.00834 per gallon of metered usage up to a total of three thousand (3,000) gallons of metered
usage per billing period; and
B. $.00870 per gallon of metered usage more than three thousand one (3,001) gallons and up to
eight thousand (8,000) gallons of metered usage per billing period; and
C. $.01909 per gallon of metered usage more than eight thousand (8,000) gallons of metered usage
per billing period.
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Section 2. Severability. If any 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.
Section 3. Effective Date. This Ordinance shall be in full force and effect as of January 1, 2018.
Section 4. Public Hearing. A public hearing on this Ordinance was held on the 7th day of December, 2017, at
7:30 p.m. at the Hayden Town Hall, 178 West Jefferson Avenue, Hayden, Colorado.
Section 5. Repealed. Ordinance 670 is hereby repealed and this Ordinance is enacted.
INTRODUCED, READ, AND ORDERED PUBLISHED PURSUANT TO SECTION 3-3 (d) OF THE HAYDEN
HOME RULE CHARTER, BY THE TOWN COUNCIL OF THE TOWN OF HAYDEN, COLORADO, UPON A
MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF
HAYDEN, ON THE 16th DAY OF NOVEMBER, 2017.
ATTEST
James M. Haskins, Mayor
__________________________________
Sharon Johnson, Town Clerk
FINALLY ADOPTED, PASSED, APPROVED, AND ORDERED PUBLISHED PURSUANT TO SECTION 3-3 (h)
OF THE HAYDEN HOME RULE CHARTER, BY THE TOWN COUNCIL OF THE TOWN OF HAYDEN,
COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING
HELD AT THE TOWN OF HAYDEN, ON THE 7th DAY OF DECEMBER, 2017.
ATTEST
James M. Haskins, Mayor
__________________________________
Sharon Johnson, Town Clerk
83
Town of Hayden
Town Council Agenda Item
th
MEETING DATE: November 16 , 2017
st
AGENDA ITEM TITLE: 1 Reading of Ordinance 681 An Ordinance Granting a Nonexclusive Franchise to Charter
Communications LLC for the Construction and Operation of a Cable System Benefiting all persons, businesses,
and industries in the Town and the Right to acquire, construct, install, locate, maintain, operate and extend into,
within and through the Town and the right to make reasonable use of all streets and other public places and
public easements as herein defined as may be necessary; fixing the terms and conditions thereof to be for a
term of 10 years and Setting a Public Hearing on December 7, 2017.
AGENDA SECTION: New Business
PRESENTED BY: Mathew Mendisco
CAN THIS ITEM BE RESCHEDULED: No
BACKGROUND REVIEW: In February 2017 staff began discussions with Charter Communications about
renegotiated a new Franchise Agreement as the current agreement had technically expired in 2015 (although
with expiration it still continues year to year). After several reiterations and negotiations the agreement is at the
point that both staff and Charter are in agreement to move it forward for Council review.
The agreement has the following highlights:
1. 5% Gross Revenue Fee (same as current agreement).
2. 10 year agreement. Last one was five years but ten year franchise agreements are typical and both our
YVEA and Atmos agreements are 10 years.
3. Requirement to provide service to any development that is of 30 residential units or more.
This is solely for cable service; however, it does not prohibit Charter from providing other services (internet and
phone). Speaking with them they always offer phone, internet, and cable in the same package.
Right now Charter Communications provides service to almost every neighborhood in Hayden outside of
Lakeview and the Trailer Park on the west side of Town. Staff is working with Charter and this step will get us a
lot closer and puts in place the provisions to ensure that the Lakeview situation does not happen within the next
ten years.
This agreement secures a revenue source for the Town, as well as continues service to many of the Town
residents.
84
st
RECOMMENDATION: Staff recommends that Council approve 1 Reading of Ordinance 681 An Ordinance
Granting a Nonexclusive Franchise to Charter Communications LLC for the Construction and Operation of a
Cable System Benefiting all persons, businesses, and industries the Town and the Right to acquire, construct,
install, locate, maintain, operate and extend into, within and through the Town and the right to make
reasonable use of all streets and other public places and public easements as herein defined as may be
necessary; fixing the terms and conditions thereof to be for a term of 10 years and Setting a Public Hearing on
December 7, 2017.
MANAGER’S RECOMMENDATION/COMMENTS: I concur with this recommendation.
85
FRANCHISE AGREEMENT
This Franchise Agreement (“Franchise”) is between the Town of Hayden, Colorado,
hereinafter referred to as the “Grantor” and Bresnan Communications, LLC, locally known as
CHARTER COMMUNICATIONS, hereinafter referred to as the “Grantee.”
WHEREAS, the Grantor finds that the Grantee has substantially complied with the
material terms of the current Franchise under applicable laws, and that the financial, legal and
technical ability of the Grantee is sufficient to provide services, facilities and equipment necessary
to meet the future cable-related needs of the community, and
WHEREAS, having afforded the public adequate notice and opportunity for comment,
Grantor desires to enter into this Franchise with the Grantee for the construction and operation of
a cable system on the terms set forth herein; and
WHEREAS, the Grantor and Grantee have complied with all federal and State-mandated
procedural and substantive requirements pertinent to this franchise renewal;
NOW, THEREFORE, the Grantor and the Grantee agree as follows:
SECTION 1
Definition of Terms
1.1
Terms. For the purpose of this franchise the following terms, phrases, words and their
derivations shall have the meaning ascribed to them in the Cable Communications Policy Act of
1984, as amended from time to time (the “Cable Act”), unless otherwise defined herein. When
not inconsistent with the context, words used in the present tense include the future, words in the
plural number include the singular number, and words in the singular number include the plural
number. The word “shall” is mandatory and “may” is permissive. Words not defined shall be
given their common and ordinary meaning.
A. “Applicable Law” shall mean any statute, ordinance, judicial decision, executive order or
regulation having the force and effect of law, that determines the legal standing of a case
or issue, provided, however that any statute, ordinance, order or regulation that has been
preempted by a higher governmental or legal authority, which prior to preemption had the
force and effect of law, shall no longer be considered Applicable Law. This definition shall
not be considered a waiver of the right of any party to assert the position that a statute,
ordinance, order or regulation has not been preempted.
B. “Cable System,” “Cable Service,” and “Basic Cable Service” shall be defined as set forth
in the Cable Act.
C. “Council” shall mean the governing body of the Grantor.
D. “Cable Act” shall mean the Cable Communication Policy Act of 1984, as amended, 47
U.S.C. §§ 521, et. seq.
86
E. “FCC” shall mean the Federal Communications Commission and any successor
governmental entity thereto.
F. “Franchise” shall mean the non-exclusive rights granted pursuant to this Franchise to
construct operate and maintain a Cable System along the public ways within all or a
specified area in the Service Area.
G. “Gross Revenue” means any revenue, as determined in accordance with generally accepted
accounting principles, received by the Grantee (or any Affiliate of the Grantee who is a
Cable Operator providing Cable Services over the Cable System in the Service Area) from
the operation of the Cable System to provide Cable Services in the Service Area, including
but not limited to (1) late fees, (2) installation and reconnection fees, (3) upgrade and
downgrade fees, (4) converter and remote control rental fees, (5) parental control device
rental fees, (6) advertising revenue (less commissions paid to third party agents, but not
internal commissions earned by employees of the Grantee or its Affiliates), (7) home
shopping commissions, and (8) interactive guides. Notwithstanding the foregoing, “Gross
Revenue” shall not include: (i) any taxes, fees or assessments collected by the Grantee from
Subscribers for pass-through to a government agency, including, without limitation, the
FCC user fee, Franchise Fee, the Access Capital Grant, or any sales or utility taxes; (i)
unrecovered bad debt; (iii) credits, refunds and deposits paid to Subscribers; and (iv) any
exclusions available under Applicable Law.
The parties acknowledge that the Grantee may need to allocate Gross Revenue between
Cable Services (which are subject to the Franchise Fee) and non-Cable Services (which are
not subject to the Franchise Fee but may be subject to other fees and/or taxes), when these
two types of services are bundled together in a discounted package offered to Subscribers.
The Grantee shall make such allocation in accordance with generally accepted accounting
principles, but in no event shall the Grantee allocate Gross Revenue between Cable
Services and non-Cable Services where such services are bundled together in a discounted
package offered to Subscribers for the purpose of evading its Franchise Fee obligations
under this Agreement.
H. “Person” shall mean an individual, partnership, association, organization, corporation, trust
or governmental entity.
I. “Service Area” shall mean the geographic boundaries of the Franchise Authority, and shall
include any additions thereto by annexation or other legal means, subject to the exception
in subsection 6.1 hereto.
J. “State” shall mean the State of Colorado.
K. “Street” shall include each of the following located within the Service Area: public streets,
roadways, highways, bridges, boulevards, avenues, lanes, alleys, sidewalks, circles, drives,
easements, rights of way and similar public ways and extensions and additions thereto,
including but not limited to public utility easements, dedicated utility strips, or rights-ofway dedicated for compatible uses now or hereafter held by the Grantor in the Service
87
Area, which shall entitle the Grantee to the use thereof for the purpose of installing,
operating, repairing and maintaining the Cable System.
L. “Subscriber” shall mean any Person lawfully receiving Cable Service from the Grantee.
SECTION 2
Grant of Franchise
2.1
Grant. The Grantor hereby grants to the Grantee a nonexclusive Franchise which
authorizes the Grantee to erect, construct, operate and maintain in, upon, along, across, above, over
and under the Streets, now in existence and as may be created or established during its terms; any
poles, wires, cable, underground conduits, manholes, and other conductors and fixtures necessary
for the maintenance and operation of a Cable System. This Agreement shall constitute both a right
and an obligation to provide the Cable Services required by, and to fulfill the obligations set forth
in, the provisions of this Agreement. Nothing in this Franchise shall be construed to prohibit the
Grantee from offering any service over its Cable System that is not prohibited by Applicable Law.
2.2
Term. The Franchise and the rights, privileges and authority hereby granted shall be for
an initial term of ten (10) years, commencing on the Effective Date of this Franchise as set forth
in Section 14.10. This Franchise will be automatically extended for an additional term of three (3)
years from the expiration date as set forth in Section 14.10, unless either party notifies the other in
writing of its desire to not exercise this automatic extension (and enter renewal negotiations under
the Cable Act) at least three (3) years before the expiration of this Franchise. If such a notice is
given, the parties then will proceed under the federal Cable Act renewal procedures.
2.3
Police Powers and Conflicts with Franchise. Notwithstanding any provision to the
contrary herein, this Agreement, the Grantor and the Grantee are subject to and shall be governed
by Applicable Law, including but not limited to the Cable Act. The Grantee shall at all times
during the term of this Agreement be subject to all lawful exercise of the Grantor’s police power,
and the Grantor’s right to adopt and enforce generally applicable and non-discriminatory
ordinances and regulations necessary to the safety, health, and welfare of the public; provided,
however, that such hereinafter enacted ordinances and regulations shall be reasonable and not
materially modify the terms of this Agreement. In the event of a conflict between a provision of
this Agreement and a provision of Grantor police power reflected in a generally applicable local
ordinance, rule or regulation, local law shall be controlling, provided, however, such local law has
not been preempted by any federal or state laws, rules, regulations or orders.
2.4
Cable System Franchise Required. No Cable System shall be allowed to occupy or use
the streets or public rights-of-way of the Service Area or be allowed to operate without a Cable
System Franchise.
SECTION 3
Franchise Renewal
3.1
Procedures for Renewal. The Grantor and the Grantee agree that any proceedings
undertaken by the Grantor that relate to the renewal of the Grantee’s Franchise shall be governed
by and comply with the provisions of Section 626 of the Cable Act, or any such successor statute.
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SECTION 4
Indemnification and Insurance
4.1
Indemnification. The Grantee shall, by acceptance of the Franchise granted herein, defend
the Grantor, its officers, boards, commissions, agents, and employees for all claims for injury to
any Person or property alleged to have been caused by the negligence, misconduct, or violation of
Applicable Law by Grantee in the construction or operation of the Cable System and in the event
of a determination of liability shall indemnify and hold Grantor, its officers, boards, commissions,
agents, and employees harmless from any and all liabilities, claims, demands, or judgments
growing out of any injury to any Person or property as a result of the negligence of Grantee arising
out of the construction, repair, extension, maintenance, operation or removal of its wires, poles or
other equipment of any kind or character used in connection with the operation of the Cable
System, provided that the Grantor shall give the Grantee written notice of its obligation to
indemnify the Grantor within ten (10) days of receipt of a claim or action pursuant to this section.
In the event any such claim arises, the Grantor shall tender the defense thereof to the Grantee and
the Grantee shall have the right to defend, settle or compromise any claims arising hereunder and
the Grantor shall cooperate fully herein. If the Grantor determined in good faith that its interests
cannot be represented by the Grantee, the Grantee shall be excused from any obligation to represent
the Grantor. Notwithstanding the foregoing, the Grantee shall not be obligated to indemnify the
Grantor for any damages, liability or claims resulting from the willful misconduct or negligence
of the Grantor or for the Grantor’s use of the Cable System.
4.2
Insurance.
A. The Grantee shall maintain throughout the term of the Franchise insurance in amounts at
least as follows:
Workers’ Compensation
Statutory Limits
Commercial General Liability
$1,000,000 per occurrence,
Combined Single Limit (C.S.L.)
$2,000,000 General Aggregate
Auto Liability including coverage on $1,000,000 per occurrence C.S.L.
all owned, non-owned hired autos
Umbrella Liability
Umbrella Liability
$1,000,000 per occurrence C.S.L.
B. The Grantor shall be added as an additional insured, arising out of work performed by
Charter, to the above Commercial General Liability, Auto Liability and Umbrella Liability
insurance coverage.
C. The Grantee shall furnish the Grantor with current certificates of insurance evidencing such
coverage upon request.
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SECTION 5
Service Obligations
5.1
No Discrimination. Grantee shall not deny service, deny access, or otherwise discriminate
against Subscribers, channel users, or general citizens in the provision of Cable Services on the
basis of race, color, religion, national origin, age or sex or sexual orientation.
5.2
Privacy. The Grantee shall fully comply with the privacy rights of Subscribers as
contained in Cable Act Section 631 (47 U.S.C. § 551).
SECTION 6
Service Availability
6.1
Service Area. Upon receipt of a request for Cable Service from a potential residential
Subscriber(s) in an unserved portion of the Service Area, and a written commitment from such
Subscriber(s) (or payment in advance if required by the Grantee) to pay any applicable nonStandard Installation charges associated with providing Cable Service (if applicable), the Grantee
shall extend the Cable System to the Street in front of such residence(s), provided that the average
density is equal to or greater than thirty (30) residences per linear strand mile of cable as measured
from the Grantee’s closest trunk line or distribution cable that is actively delivering Cable Service
as of the date of such request for Cable Service.
6.2
New Development Underground. In cases of new construction or property development
where utilities are to be placed underground, the Grantor agrees to require as a condition of issuing
a permit for open trenching to any developer or property owner that such developer or property
owner give Grantee at least thirty (30) days prior written notice of such construction or
development, and of the particular dates on which open trenching will be available for Grantee’s
installation of conduit, pedestals and/or vaults, and laterals to be provided at Grantee’s expense.
Grantee shall also provide specifications as needed for trenching. Costs of trenching and
easements required to bring service to the development shall be borne by the developer or property
owner; except that if Grantee fails to install its conduit, pedestals and/or vaults, and laterals within
five (5) working days of the date the trenches are available, as designated in the written notice
given by the developer or property owner, then should the trenches be closed after the five day
period, the cost of new trenching is to be borne by Grantee.
6.3
Annexation. The Grantor shall promptly provide written notice to the Grantee of its
annexation of any territory which is being provided Cable Service by the Grantee or its affiliates.
Such annexed area will be subject to the provisions of this Franchise upon sixty (60) days ‘written
notice from the Grantor, subject to the conditions set forth below and Section 6.1 above. The
Grantor shall also notify Grantee in writing of all new street address assignments or changes within
the Service Area. Grantee shall within ninety (90) days after receipt of the annexation notice, pay
the Grantor franchise fees on revenue received from the operation of the Cable System to provide
Cable Services in any area annexed by the Grantor if the Grantor has provided a written annexation
notice that includes the addresses that will be moved into the Service Area in an Excel format or
in a format that will allow Grantee to change its billing system. If the annexation notice does not
include the addresses that will be moved into the Service Area, Grantee shall pay franchise fees
within ninety (90) days after it receives the annexed addresses as set forth above. All notices due
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under this section shall be sent by certified mail, return receipt requested to the addresses set forth
in Section 14.5 with a copy to the Director of Government Relations. In any audit of franchise
fees due under this Franchise, Grantee shall not be liable for franchise fees on annexed areas unless
and until Grantee has received notification and information that meets the standards set forth in
this section.
SECTION 7
Construction and Technical Standards
7.1
Compliance with Codes. All construction practices and installation of equipment shall be
done in accordance with all Applicable Law.
7.2
Construction Standards and Requirements. All of the Grantee’s plant and equipment,
including but not limited to the antenna site, head end and distribution system, towers, house
connections, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances shall be
installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and
operated in accordance with good engineering practices and performed by experienced
maintenance and construction personnel.
7.3
Safety. The Grantee shall at all times employ ordinary care and shall use commonly
accepted methods and devices preventing failures and accidents which are likely to cause damage.
7.4
Network Technical Requirements. The Cable System shall be designed, constructed and
operated so as to meet those technical standards adopted by the FCC relating to Cable Systems
contained in part 76 of the FCC’s rules and regulations as may be amended from time to time,
regardless of the transmission technology utilized.
7.5
Performance Monitoring. Grantee shall test the Cable System consistent with the FCC
regulations.
SECTION 8
Conditions on Street Occupancy
8.1
General Conditions. Grantee shall have the right to utilize existing poles, conduits and
other facilities whenever possible, and shall not construct or install any new, different, or additional
poles, conduits, or other facilities on public property without obtaining all legally required permits
of the Grantor.
8.2
Underground Construction. The facilities of the Grantee shall be installed underground
in those Service Areas where existing telephone and electric services are both underground at the
time of system construction. In areas where either telephone or electric utility facilities are
installed aerially at the time of system construction, the Grantee may install its facilities aerially
with the understanding that at such time as the existing aerial facilities are required to be placed
underground by the Grantor, the Grantee shall likewise place its facilities underground. In the
event that any telephone or electric utilities are reimbursed by the Grantor or any agency thereof
for the placement of cable underground or the movement of cable, Grantee shall be reimbursed
upon the same terms and conditions as any telephone, electric or other utilities; provided however
that nothing herein shall require reimbursement to the Grantee or shall affect the Grantee’s
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undergrounding obligation if the funds which are utilized for the reimbursement of other entities
are restricted and preclude reimbursement to the Grantee.
8.3
Construction Codes and Permits. Grantee shall obtain all legally required permits before
commencing any work requiring a permit, including the opening or disturbance of any Street
within the Service Area. The Grantor shall cooperate with the Grantee in granting any permits
required, providing such grant and subsequent construction by the Grantee shall not unduly
interfere with the use of such Streets. The Grantee shall adhere to all building and zoning codes
currently or hereafter applicable to construction, operation or maintenance of the Cable System in
the Service Area, provided that such codes are of general applicability and such codes are
uniformly and consistently applied by the Grantor as to other public utility companies and other
entities operating in the Service Area.
8.4
System Construction. All transmission lines, equipment and structures shall be so
installed and located as to cause minimum interference with the rights and reasonable convenience
of property owners and at all times shall be kept and maintained in a safe, adequate and substantial
condition, and in good order and repair. The Grantee shall, at all times, employ ordinary care and
use commonly accepted methods and devices for preventing failures and accidents which are likely
to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares or
other devices shall be used at such times and places as are reasonably required for the safety of all
members of the public. Any poles or other fixtures placed in any public way by the Grantee shall
be placed in such a manner as not to interfere with the usual travel on such public way.
8.5
Restoration of Public Ways. Grantee shall, at its own expense, restore any damage or
disturbance caused to the public way as a result of its operation, construction, or maintenance of
the Cable System to a condition reasonably comparable to the condition of the Streets immediately
prior to such damage or disturbance.
8.6
Removal in Emergency. Whenever, in case of fire or other disaster, it becomes necessary
in the judgment of the Grantor to remove any of the Grantee’s facilities, no charge shall be made
by the Grantee against the Grantor for restoration and repair, unless such acts amount to gross
negligence by the Grantor.
8.7
Tree Trimming. Grantee or its designee shall have the authority to trim trees on public
property at its own expense and in accordance with Applicable Law as may be necessary to protect
its wires and facilities.
8.8
Relocation for the Grantor. The Grantee shall, upon receipt of reasonable advance
written notice, to be not less than ten (10) business days, protect, support, temporarily disconnect,
relocate, or remove any property of Grantee when lawfully required by the Grantor pursuant to its
police powers. Grantee shall be responsible for any costs associated with these obligations to the
same extent all other users of the Grantor rights-of-way are responsible for the costs related to the
relocation of their facilities.
8.9
Relocation for a Third Party. The Grantee shall, on the request of any Person holding a
lawful permit issued by the Grantor, protect, support, raise, lower, temporarily disconnect, relocate
in or remove from the Street as necessary any property of the Grantee, provided that the expense
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of such is paid by any such Person benefiting from the relocation and the Grantee is give reasonable
advance written notice to prepare for such changes. The Grantee may require such payment in
advance. For purposes of this subsection, “reasonable advance written notice” shall be no less
than ten (10) business days in the event of a temporary relocation and no less than one hundred
twenty (120) days for a permanent relocation.
8.10 Access to Funds Covering Undergrounding and Relocation Costs.
If funds are
generally made available to users of the Streets for relocations required by Sections 8.2 and 88,
Grantee shall be entitled to its pro rata share of such funds.
8.11 Emergency Use. If the Grantee provides an Emergency Alert System (“EAS”), then the
Grantor shall permit only appropriately trained and authorized Persons to operate the EAS
equipment and shall take reasonable precautions to prevent any use of the Grantee’s Cable System
in any manner that results in inappropriate use thereof, or any loss or damage to the Cable System.
The Grantor shall hold the Grantee, its employees, officers and assigns harmless from any claims
or costs arising out of use of the EAS, including, but not limited to, reasonable attorneys’ fees and
costs.
SECTION 9
Service and Rates
9.1
Customer Service Standards and Consumer Protection. The Grantee shall comply with
the Customer Service Standards promulgated by the Federal Communications Commission, as
may be amended from time to time. The Grantee shall furnish such information, as reasonably
requested by the Grantor, to enable the Grantor to evaluate compliance with the customer service
standards in effect at a given time. Upon request, the Grantee will provide Grantor with a copy
(or information necessary to access the document electronically) of the form of Subscriber contract
then in effect. The Grantor reserves all rights under Applicable Law to adopt additional customer
service standards that purport to apply to the Grantee, and the Grantee reserves all rights to
challenge any such customer service standard that it believes is inconsistent with its contractual
rights under this Agreement or Applicable Law, and all rights pursuant to Applicable Law to pass
through the costs of complying with any such customer service standard to Subscribers.
9.2
Phone Service. The Grantee shall maintain a toll-free telephone number and a phone
service operated such that complaints and requests for repairs or adjustments may be received at
any time.
9.3
Notification of Service Procedures. The Grantee shall furnish each Subscriber at the time
service is installed, written instructions that clearly set forth information concerning the procedures
for making inquiries or complaints, including the Grantee’s name, address and local telephone
number. Grantee shall give the Grantor thirty (30) days prior notice of any rate increases, channel
lineup or other substantive service changes.
9.4
Rate Regulation. Grantor shall have the right to exercise rate regulation to the extent
authorized by law, or to refrain from exercising such regulation for any period of time, at the sole
discretion of the Grantor. If and when exercising rate regulation, the Grantor shall abide by the
terms and conditions set forth by the FCC.
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9.5
Continuity of Service. It shall be the right of all Subscribers to continue receiving Cable
Service insofar as their financial and other obligations to the Grantee are honored, and subject to
Grantee’s rights under Section 13.1 of this Franchise.
SECTION 10
Franchise Fee
10.1 Amount of Fee. Grantee shall pay to the Grantor an annual franchise fee in an amount
equal to five percent (5%) of the annual Gross Revenue. Such payment shall be in addition to
taxes of general applicability owed to the Grantor by the Grantee that are not included as franchise
fees under federal law. Franchise fees may be passed through to Subscribers as a line item on
Subscriber bills or otherwise as Grantee chooses, consistent with federal law.
10.2 Payment of Fee. Payment of the fee due the Grantor shall be made on a quarterly basis,
within forty-five (45) days of the close of each calendar quarter and transmitted by electronic funds
transfer to a bank account designated by Grantor. The payment period and the collection of the
franchise fees that are to be paid to the Grantor pursuant to the Franchise shall commence sixty
(60) days after the Effective Date of the Franchise as set forth in Section 14.10. In the event of a
dispute, the Grantor, if it so requests, shall be furnished a statement of said payment, reflecting the
Gross Revenues and the applicable charges.
10.3 Accord and Satisfaction. No acceptance of any payment by the Grantor shall be construed
as a release or as an accord and satisfaction of any claim the Grantor may have for additional sums
payable as a franchise fee under this Franchise.
10.4 Limitation on Recovery. The period of limitation for recovery of any franchise fee
payable hereunder shall be three (3) years from the date on which payment by the Grantee was
due. If any Franchise payment or recomputed payment is not made on or before the dates specified
herein, Grantee shall pay an interest charge, computed from the last day of the fiscal year in which
payment was due, at the annual rate of one (1%) percent over the prime interest rate.
10.5 Review. All amounts paid by the Grantee to the Grantor under this Franchise and all
records reasonably related to the administration or enforcement of this Franchise shall be subject
to review and if justified, re-computation by the Grantor upon thirty (30) days written notice to
Grantee. The Grantor shall specifically have the right to review relevant data related to the
allocation of revenue to Cable Services in the event Grantee offers Cable Services bundled with
non-Cable Services. For purposes of this section, “relevant data” shall include, at a minimum,
Grantee’s records, produced and maintained in the ordinary course of business, showing the
subscriber counts per package and the revenue allocation per package for each package that was
available for Grantor subscribers during the review period. To the extent that the Grantor does not
believe that the relevant data supplied is sufficient for the Grantor to complete its audit/review, the
Grantor may require other relevant data. For purposes of this Section 10.5, the “other relevant
data” shall generally mean all: (1) billing reports, (2) financial reports (such as general ledgers)
and (3) sample customer bills used by Grantee to determine Gross Revenue for the Service Area
that would allow the City to re-compute the Gross Revenue determination.
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If such review indicates an undisputed underpayment of Franchise Fees or Access Capital Fees of
five percent (5%) or more, then the Grantee will reimburse the cost of such review up to a
maximum of four thousand dollars ($4,000).
SECTION 11
Transfer of Franchise
11.1 Franchise Transfer. The Franchise granted hereunder shall not be assigned, sold, or
transferred other than by operation of law or to an entity controlling, controlled by, or under
common control with the Grantee, without the prior consent of the Grantor, such consent not to be
unreasonably withheld or delayed. The word “control” as used herein is not limited to majority
stockholders but includes actual working control in whatever manner exercised. No such consent
shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by
assignment of any rights, title, or interest of the Grantee in the Franchise or Cable System to secure
indebtedness.
11.2 Notification and Application to Grantor. In accordance with federal law, the Grantee
and the transferee shall make a written request of the Grantor for its consent to any actual or
proposed (a) assignment, sale or transfer of this Franchise other than by operation of law or to an
affiliate of the Grantee, or (b) change of control of this Franchise or of the Grantee to another party
who is not an affiliate of the Grantee. Such request shall be accompanied by all information
required by federal law. Within thirty (30) days of receiving such a request, the Grantor shall
notify the Grantee in writing of any additional information it reasonably requires to determine the
legal, financial and technical qualifications of the transferee or any other information permitted by
federal law. If the Grantor has not taken action on the Grantee’s request for transfer within one
hundred twenty (120) days after receiving such request, consent by the Grantor shall be deemed
given, unless the Grantor and the Grantee have agreed to an extension of time.
SECTION 12
Records, Reports and Maps
12.1 Reports Required. The Grantee’s schedule of charges for regular Subscriber service, its
policy regarding the processing of Subscriber complaints, delinquent Subscriber disconnect and
reconnect procedures and any other terms and conditions adopted as the Grantee’s policy in
connection with its Subscribers shall be filed with the Grantor.
12.2
Records Required.
The Grantee shall at all times maintain:
A. A record of all written complaints received regarding interruptions or degradation of Cable
Service, which record shall be maintained for one (1) year.
B. A full and complete set of plans, records and strand maps showing the location of the Cable
System.
12.3 Inspection of Records. Grantee shall permit any duly authorized representative of the
Grantor, upon receipt of advance written notice, to examine during normal business hours and on
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a non-disruptive basis any and all of Grantee’s records maintained by Grantee as is reasonably
necessary to ensure Grantee’s compliance with the Franchise. Such notice shall specifically
reference the subsection of the Franchise that is under review so that the Grantee may organize the
necessary books and records for easy access by the Grantor. The Grantee shall not be required to
maintain any books and records for Franchise compliance purposes longer than three (3) years,
except for service complaints, which shall be kept for one (1) year as specified above. The Grantee
shall not be required to provide Subscriber information in violation of Section 631 of the Cable
Act. The Grantor agrees to treat as confidential any books, records or maps that constitute
proprietary or confidential information to the extent Grantee make the Grantor aware of such
confidentiality. If the Grantor believes it must release any such confidential books or records in
the course of enforcing this Franchise, or for any other reason, it shall advise Grantee in advance
so that Grantee may take appropriate steps to protect its interests. Until otherwise ordered by a
court or agency of competent jurisdiction, the Grantor agrees that, to the extent permitted by
Applicable Law, it shall deny access to any of Grantee’s books and records marked confidential,
as set forth above, to any Person.
SECTION 13
Enforcement or Revocation
13.1 Notice of Violation. If the Grantor believes that the Grantee has not complied with the
terms of the Franchise, the Grantor shall first informally discuss the matter with Grantee. If these
discussions do not lead to resolution of the problem, the Grantor shall notify the Grantee in writing
of the exact nature of the alleged noncompliance (the “Violation Notice”).
13.2 Grantee’s Right to Cure or Respond. The Grantee shall have thirty (30) days from
receipt of the Violation Notice to (i) respond to the Grantor, contesting the assertion of
noncompliance, or (ii) to cure such default, or (iii) if, by the nature of default, such default cannot
be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and
notify the Grantor of the steps being taken and the projected date that they will be completed. If
(i) the Grantee fails to respond to the Violation Notice received from the Grantor, (ii) the Grantee
responds to the Grantor, contesting the assertion of the noncompliance, but the Grantor disagrees
with the Grantee’s response, or (iii) if the default is not remedied within the thirty (30) day cure
period set forth above, the Grantor may pursue any remedies available to it under Applicable Law,
provided that the Grantor shall not create or conduct any administrative hearing process to address
franchise violations or revocation. The Grantee reserves all legal and equitable rights under
Applicable Law to challenge or appeal any action by the Grantor with respect to an alleged
violation of this Franchise.
SECTION 14
Miscellaneous Provisions
14.1 Force Majeure. The Grantee shall not be held in default under, or in noncompliance with
the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance
or default, where such noncompliance or alleged defaults occurred or were caused by
circumstances reasonably beyond the ability of the Grantee to anticipate and control. This
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provision includes, but is not limited to, severe or unusual weather conditions, fire, flood, or other
acts of God, strikes, work delays caused by failure of utility providers to service, maintain or
monitor their utility poles to which Grantee’s Cable System is attached, as well as unavailability
of materials and/or qualified labor to perform the work necessary.
14.2 Minor Violations. Furthermore, the parties hereby agree that it is not the Grantor’s
intention to subject the Grantee to penalties, fines, forfeitures or revocation of the Franchise for
violations of the Franchise where the violation was a good faith error that resulted in no or minimal
negative impact on the Subscribers within the Service Area, or where strict performance would
result in practical difficulties and hardship to the Grantee which outweighs the benefit to be derived
by the Grantor and/or Subscribers.
14.3 Action of Parties. In any action by the Grantor or the Grantee that is mandated or
permitted under the terms hereof, such party shall act in a reasonable, expeditious and timely
manner. Furthermore, in any instance where approval or consent is required under the terms
hereof, such approval or consent shall not be unreasonably withheld.
14.4 Equal Protection. No Cable Operator shall be permitted to locate a Cable System in the
Streets in order to provide Cable Service in the Service Area without a Franchise. The Grantee
acknowledges and agrees that the Grantor reserves the right to grant one (1) or more additional
Franchises or other similar lawful authorization to utilize the Streets to provide Cable Services
within the Service Area. If the Grantor grants such an additional Franchise or other similar lawful
authorization containing material terms and conditions that differ from the Grantee’s material
obligations under this Agreement, then the Grantor agrees that the obligations in this Agreement
will, pursuant to the process set forth in this section, be amended to include any material terms or
conditions that it imposes upon the new entrant, or provide relief from existing material terms or
conditions, so as to insure that the regulatory and financial burdens on each entity are materially
equivalent. “Material terms and conditions” include, but are not limited to: the Franchise Fee;
Gross Revenue definition; insurance; Cable System build-out requirements; security instruments;
customer service standards; required reports and related record keeping; level playing field (or its
equivalent); audits; dispute resolution; remedies; and notice and opportunity to cure breaches. The
parties agree that this provision shall not require word for word identical Franchise provisions so
long as the regulatory and financial burdens on each entity are materially equivalent.
A.
The modification process of this Franchise as provided for in this section shall only
be initiated by written notice by the Grantee to the Grantor regarding specified
obligations. The Grantee’s notice shall address the following: (1) identifying the
specific terms or conditions in the competitive Franchise which are materially
different from the Grantee’s obligations under this Franchise; (2) identifying the
Franchise terms and conditions for which the Grantee is seeking amendments; (3)
providing text for any proposed Franchise amendments to the Grantor, with a
written explanation of why the proposed amendments are necessary and consistent.
B.
Upon receipt of the Grantee’s written notice as provided in subsection 14.4A, the
Grantor and the Grantee agree that they will use best efforts in good faith to
negotiate the Grantee’s proposed Franchise modifications, and that such
negotiation will proceed and conclude within a ninety (90) day time period, unless
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that time period is reduced or extended by mutual agreement of the parties. If the
Grantor and the Grantee reach agreement on the Franchise modifications pursuant
to such negotiations, then the Grantor shall amend this Franchise to include the
modifications.
C.
If the parties fail to reach agreement in the negotiations as provided for in
subsection 14.4B, the Grantee may, at its option, elect to replace this Franchise by
opting into the Franchise or other similar lawful authorization to use the Streets in
order to provide Cable Service that the Grantor grants to another provider of Cable
Services, so as to ensure that the regulatory and financial burdens on each entity
are equivalent. If the Grantee so elects, the Grantor shall immediately commence
proceedings to replace this Franchise with the Franchise issued to the other Cable
Services provider.
D.
Nothing in this section shall be deemed a waiver of any remedies available to the
Grantee under Applicable Law, including but not limited to Section 625 of the
Cable Act (47 U.S.C. § 545).
E.
Should the Grantee seek an amendment to this Franchise or a replacement
Franchise pursuant to this section, while the parties shall pursue the adoption of
such amendments or replacement Franchise pursuant to subsections 14.4A through
D, any such amendments or replacement Franchise shall not become effective
unless and until the new entrant makes Cable Services available for purchase by
Subscribers or customers under its agreement with the Grantor.
14.5 Notices. Unless otherwise provided by federal, State or local law, all notices, reports or
demands pursuant to this Franchise shall be in writing and shall be deemed to be sufficiently given
upon delivery to a Person at the address set forth below, or by U.S. certified mail, return receipt
requested, nationally or internationally recognized courier service such as Federal Express or
electronic mail communication to the designated electronic mail address provided below. Grantee
shall provide thirty (30) days’ written notice of any changes in rates, programming services or
channel positions using any reasonable written means. As set forth above, notice served upon the
Grantor shall be delivered or sent to:
Grantor:
Email:
Grantee:
Email:
Copy to:
Town of Hayden
Attn: Mathew Mendisco, Town Manager
P.O. Box 190/178 West Jefferson Ave.
Hayden, CO 81639-0191
mathew.mendisco@haydencolorado.org
Charter Communications
Attn: John Lee, Sr. Mgr. Gov. Rel.
6399 S. Fiddlers Green Circle, 6th Floor
Greenwood Village, CO 80111
John.LLee@Charter.com
Charter Communications
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Attn: Vice President, Government Affairs
12405 Powerscourt Drive
St. Louis, MO 63131
14.6 Public Notice. Minimum public notice of any public meeting relating to this Franchise or
any such grant of additional franchises, licenses, consents, certificates, authorizations, or
exemptions by the Grantor to any other Person(s) to provide Cable Services, video services, or
other television services utilizing any system or technology requiring use of the public rights of
way shall be by publication at least once in a newspaper of general circulation in the area at least
ten (10) days prior to the meeting and a posting at the administrative buildings of the Grantor
Notwithstanding the foregoing, it shall not be a violation of the Grantor’s obligations under this
Franchise if a failure to provide such notice is unintentional.
Grantor shall use best efforts to provide written notice to Grantee within ten (10) days of Grantor’s
receipt from any other Person(s) of an application or request for a franchise(s), license(s),
consent(s), certificate(s), authorization(s), or exemption(s) to provide Cable Services, video
services, or other television services utilizing any system or technology requiring use of the public
rights of way. Any public hearings to consider such application or request shall have the same
notice requirement as outlined in this Section 14.6.
14.7 Severability. If any section, subsection, sentence, clause, phrase, or portion of this
Franchise is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions of this Franchise.
14.8 Entire Agreement. This Franchise constitutes the entire agreement between Grantee and
the Grantor and they supersede all prior or contemporaneous agreements, representations or
understandings (whether written or oral) of the parties regarding the subject matter hereof.
14.9 Administration of Franchise. This Franchise is a contract and neither party may take any
unilateral action that materially changes the explicit mutual promises and covenants contained
herein. Any changes, modifications or amendments to this Franchise must be made in writing,
signed by the Grantor and the Grantee.
14.10 Effective Date. The Franchise granted herein will take effect and be in full force from
such date of acceptance by Grantee recorded on the signature page of this Franchise. This
Franchise shall expire on ____________, 2022, unless extended in accordance with Section 2.2 of
the Franchise or by the mutual agreement of the parties. If any fee or grant that is passed through
to Subscribers is required by this Franchise, other than the franchise fee, such fee or grant shall go
into effect sixty (60) days after the Effective Date of this Franchise.
Considered and approved this ___ day of ____________, 2016.
Town of Hayden
99
Signature: _______________________________
Name/Title: _____________________________
Date: ___________________________________
Accepted this ___ day of __________________, 201_, subject to Applicable Law.
Bresnan Communications, LLC, by
Charter Communications, its Manager
Signature:
Name/Title:
Date:
100
ORDINANCE NO. 681
AN ORDINANCE GRANTING A NONEXCLUSIVE FRANCHISE TO CHARTER COMMUNICATIONS,
LLC FOR THE CONSTRUCTION AND OPERATION OF A CABLE SYSTEM BENEFITING ALL
PERSONS, BUSINESSES, AND INDUSTRIES WITHIN THE TOWN AND THE RIGHT TO ACQUIRE,
CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND
THROUGH THE TOWN AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND
OTHER PUBLIC PLACES AND PUBLIC EASEMENTS AS HEREIN DEFINED AS MAY BE NECESSARY;
FIXING THE TERMS AND CONDITIONS THEREOF TO BE FOR A TERM OF 10 YEARS
WHEREAS, a long-term franchise agreement between Bresnan Communications, LLC ,
locally known as Charter Communications, and the Town of Hayden has expired; and
WHEREAS, Bresnan Communications LLC and the Town of Hayden have agreed to a tenyear franchise agreement with the possibility that the method of charging a franchise fee outlined
in the agreement may need to be modified at some time in the future as a result of restructuring
of the industry; and
WHEREAS, the franchise fee to be charged to Bresnan Communications LLC shall be at
the rate of 5% of annual Gross Revenues received within the Town of Hayden.
THAT:
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF HAYDEN, COLORADO,
Section 1. Franchise Approved: A franchise to Bresnan Communications LLC is hereby adopted
and approved and the Mayor and Clerk are hereby authorized to execute the Franchise
Agreement in the form attached hereto.
Section 2. Severability: If any 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.
Section 3. Effective Date: This Ordinance shall be in full force and effect fifteen (15) days after its
publication.
Section 4. Authority: This Ordinance is enacted pursuant to the Town’s authority to act under its
police power to protect and preserve the general welfare of the Town and its citizens.
Section 5. Public Hearing: A public hearing on this Ordinance shall be held on the 7th day of
December, 2017, at 7:30 p.m. at the Hayden Town Hall, 178 West Jefferson Ave, Hayden, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED PURSUANT TO SECTION 3-3 (d) OF THE
HAYDEN HOME RULE CHARTER, BY THE TOWN COUNCIL OF THE TOWN OF HAYDEN,
COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR
MEETING HELD AT THE TOWN OF HAYDEN, ON THE 16TH DAY OF NOVEMBER, 2017.
101
ATTEST
Jim Haskins, Mayor
Sharon Johnson, Town Clerk
FINALLY ADOPTED, PASSED, APPROVED, AND ORDERED PUBLISHED PURSUANT TO SECTION
3-3 (h) OF THE HAYDEN HOME RULE CHARTER, BY THE TOWN COUNCIL OF THE TOWN OF
HAYDEN, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS
REGULAR MEETING HELD AT THE TOWN OF HAYDEN, ON THE 7TH DAY DECEMBER, 2017.
ATTEST
Jim Haskins, Mayor
Sharon Johnson, Town Clerk
102
Town of Hayden
Town Council Agenda Item
MEETING DATE: November 16, 2017
AGENDA ITEM TITLE: Town Council Assignments
AGENDA SECTION: New Business
PRESENTED BY: Mathew Mendisco
CAN THIS ITEM BE RESCHEDULED: Not Recommended
BACKGROUND REVIEW: There are numerous entities which require representation of a Town
Councilmember at their meetings. We are looking for volunteers to fill positions on the
Walker Ditch, Shelton Ditch, Associated Governments of Northwest Colorado (AGNC), Yampa
Valley Regional Airport Advisory Commission (YVRAAC), Yampa Valley Economic
Development Commission (YVEDC), Routt County Economic Development Commission
(RCEDC), Club 20 Northwest Transportation Planning Region (NWTPR), and Hayden School
District RE-1 (HSD RE-1). These positions are currently filled as follows:
Entity
Walker Ditch
Shelton Ditch
AGNC
YVRAAC
YVEDC
RCEDC
Club 20
NWTPR
HSD RE-1
Representative/Alternate
Lorraine Johnson
Lorraine Johnson
Tim Redmond/Ashley McMurray
Dallas Robinson
Lorraine Johnson/Jim Haskins
Ashley McMurray/Lorraine Johnson
Richard Hagins/Charles Forrest
Charles Forrest/Jim Haskins
Jim Haskins/Ashley McMurray
RECOMMENDATION: Move to appoint the following Councilmembers to the designated
entity:
Walker Ditch
Shelton Ditch
AGNC
YVRAAC
103
YVEDC
RCEDC
Club 20
NWTPR
HSD RE-1
MANAGER RECOMMENDATION/COMMENTS: I concur with the recommendation.
104
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