TC Packet 02-23-2016 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 23, 2016
REGULAR MEETING BEGINS AT 7:30 PM
AVON TOWN HALL, ONE LAKE STREET
_____________________________________________________________________________________
MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY.
Page 1
REGULAR MEETING BEGINS AT 7:30 PM
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. ACTION ITEMS
4.1. RESOLUTION NO. 16-03 REFERRING A POLICE STATION BALLOT QUESTION TO A SPECIAL ELECTION
(TOWN ATTORNEY ERIC HEIL)
4.2. FIRST READING OF ORDINANCE NO. 16–02, AUTHORIZING THE FINANCING OF CERTAIN PUBLIC
IMPROVEMENTS OF THE TOWN, AND IN CONNECTION THEREWITH AUTHORIZING THE LEASING OF CERTAIN
TOWN PROPERTY AND THE EXECUTION AND DELIVERY BY THE TOWN OF A SITE LEASE, A LEASE PURCHASE
AGREEMENT, A DISCLOSURE CERTIFICATE, A PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS
AND MATTERS RELATING TO CERTAIN CERTIFICATES OF PARTICIPATION, SERIES 2016; SETTING FORTH
CERTAIN PARAMETERS AND RESTRICTIONS WITH RESPECT TO THE FINANCING; AUTHORIZING OFFICIALS OF THE
TOWN TO TAKE ALL ACTION NECESSARY TO CARRY OUT THE TRANSACTIONS CONTEMPLATED HERBY; RATIFYING
ACTIONS PREVIOUSLY TAKEN; AND PROVIDING OTHER MATTERS RELATED THERETO
(TOWN ATTORNEY ERIC HEIL)
4.3. CONSENT AGENDA
4.3.1. RESOLUTION NO. 16-01, RESOLUTION DESIGNATING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC
MEETINGS (TOWN CLERK DEBBIE HOPPE)
4.3.2. MINUTES FROM FEBRUARY 9, 2016 MEETING (TOWN CLERK DEBBIE HOPPE)
4.3.3. MINUTES FROM FEBRUARY 12, 2016 RETREAT
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
5. WORK SESSION
5.1. REVIEW OF REPORT ON TOWN OF AVON SALES TAX ON BUILDING MATERIALS (TOWN MANAGER VIRGINIA EGGER,
ASSISTANT TOWN MANAGER SCOTT WRIGHT, TOWN ATTORNEY ERIC HEIL)
6. WRITTEN REPORTS
6.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT)
6.2. GIFT REPORTING – 2016 WINTERWONDERGRASS VIP FESTIVAL PASSES
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
7.1. ECRTA BOARD MEETING – MAYOR PRO TEM JAKE WOLF
8. MAYOR & COUNCIL COMMENTS
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 23, 2016
REGULAR MEETING BEGINS AT 7:30 PM
AVON TOWN HALL, ONE LAKE STREET
_____________________________________________________________________________________
MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY.
Page 2
9. EXECUTIVE SESSION
9.1. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE
SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING
NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) AS WELL AS A CONFERENCE WITH THE TOWN ATTORNEY FOR
THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) CONCERNING THE UPPER EAGLE
RIVER WATER AUTHORITY.
10. ADJOURNMENT
Heil Law & Planning, LLC Office: 303.975.6120
3445 S. Clermont St. Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Referral of Ballot Question re: Certificate Participation Financing for the Police
Station, Resolution No. 16-03 and Ordinance No. 16-02
DATE: February 18, 2016
SUMMARY: Resolution 16-03 is presented to Council which would refer a ballot question concerning
financing for a police station to a special election on May 3, 2016 (“Ballot Question”). The proposed
financing is through “certificates of participation” (“COP”) in a principal amount not to exceed $6.5 million.
A companion Ordinance No. 16-02 is also presented which includes the authorization, terms and limitations
of the COP financing. The Ballot Question seeks approval of Ordinance No. 16-02.
Accompanying this memorandum is are memoranda from Justin Hildreth discussing the cost estimate
for the police station and from Scott Wright discussing the financing terms for a bond issuance through
COP financing.
The referred Ballot Question for the police station financing is coordinated with the efforts of the Eagle
River Fire Protection District (“ERFPD”) to refer its own ballot question to its regular special district election
May 3, 2016. The ERFPD will seek voter approval for debt authorization and a supporting mill levy. The
coordinated effort is the implementation of the Intergovernmental Agreement, dated April 28, 2015 (“IGA”),
to construct a “Joint Public Safety Facility” on Lot 1B, Buck Creek Subdivision, on the north side of I-70
(adjacent to the medical office building under construction).
Last year the ERFPD was able to sell Lot 1A and acquire Lot 1B which resulted in a reduction of the
ERFPD’s outstanding debt on the property by approximately $1.4 million. As part of the IGA to pursue the
construction of a Joint Public Safety Facility, the Town of Avon provided temporary financing to assist the
ERFPD with the sale of Lot 1A and acquisition of Lot 1B. The IGA contemplates cost sharing to reduce the
overall cost of a regional fire station and new police station by sharing the land costs and certain site
improvements.
The construction of a regional fire station to replace the existing Avon fire station was an identified goal
of ERFPD since the Town joined the ERFPD and transferred all of Avon’s fire protection equipment and
assets to ERFPD. The Town owns the existing fire station building in Avon and has leased the building to
ERFPD at no cost since joining the district. The direct benefits to the Town of the new regional fire station
are (1) moving the fire station to a better location for improved response time, (2) constructing a facility that
can accommodate the ladder truck and thereby move it up from Cordillera to Avon, (3) constructing a larger
regional facility that is planned to serve the community for the next 40-50 years, and (4) vacating the
existing fire station owned by the Town so that the Town may reuse this property.
The proposed police station is 10,419 sq.ft. and is sized to meet the needs of the Avon Police
Department for the next 40-50 years. The size and configuration of the police station are based on upon
programming analysis conducted during the initial design process and based upon a review of comparable
police stations in peer communities.
M EMORANDUM & PLANNING, LLC
Avon Town Council
Ballot Question re: Police Station Financing
February 18, 2016
Page 2 of 4
The most current cost estimate for construction is $4,324,914. A 10% contingency, soft costs, land
acquisition, architectural and engineering fees result in a total estimated Project cost of $6,248,112. (See
Justin Hildreth’s memorandum for more information.) The costs of bond financing is approximately
$150,000, which results in a total expected cost of $6,450,000. The referred Ballot Question and
Ordinance No. 16-02 proposes a total principal amount of $6.5 Million based on the current total project
cost estimates and the estimated financing costs.
A public presentation and open forum for the proposed Joint Public Safety Facility is scheduled for
February 23, 2016, in Town Council Chambers, immediately prior to the Avon Town Council meeting, which
presentation will include additional detail on the Joint Public Safety Facility project. Additional public
outreach meetings are scheduled for March 23, April 11 and April 27. In addition, a Town of Avon
community meeting will be held on March 2, where the Facility will be one of the topics expected to be
discussed.
In order for the Joint Public Safety Facility project to proceed this summer, both the Town of Avon
Ballot Question and Eagle River Fire Protection District ballot question must receive voter approval on May
3, 2016. Should one or both of the ballot issues fail, the ERFPD and the Town of Avon will meet to
evaluate how to proceed thereafter.
PROPOSED MOTIONS:
“I move to approve Resolution No. 16-03 REFERRING A POLICE STATION BALLOT QUESTION TO A
SPECIAL ELECTION.”
“I move to approve Ordinance No. 16-02 AUTHORIZING THE FINANCING OF CERTAIN PUBLIC
IMPROVEMENTS OF THE TOWN, AND IN CONNECTION THEREWITH AUTHORIZING THE LEASING
OF CERTAIN TOWN PROPERTY AND THE EXECUTION AND DELIVERY BY THE TOWN OF A SITE
LEASE, A LEASE PURCHASE AGREEMENT, A DISCLOSURE CERTIFICATE, A PRELIMINARY
OFFICIAL STATEMENT AND OTHER DOCUMENTS AND MATTERS RELATING TO CERTAIN
CERTIFICATES OF PARTICIPATION, SERIES 2016; SETTING FORTH CERTAIN PARAMETERS AND
RESTRICTIONS WITH RESPECT TO THE FINANCING; AUTHORIZING OFFICIALS OF THE TOWN TO
TAKE ALL ACTION NECESSARY TO CARRY OUT THE TRANSACTIONS CONTEMPLATED HEREBY;
RATIFYING ACTIONS PREVIOUSLY TAKEN; AND PROVIDING OTHER MATTERS RELATED
THERETO”
REFERRED BALLOT QUESTION: The Avon Town Council is authorized by the Avon Home Rule Charter
and by state statute to refer a ballot question to a special election. The Avon Town Council must take
action to refer the Ballot Question at least 60 days prior to the election date (March 4 deadline for May 3,
2016 election). The Ballot Question would authorize Ordinance No. 16-02. If approved by the Avon voters,
Ordinance No. 16-02 would be effective upon certification of the election results. Ordinance No. 16-02 is
not subject to a citizen’s petition for referendum because it is referred to the Avon voters.
The proposed Ballot Question is as follows:
Police Station Financing
Avon Town Council
Ballot Question re: Police Station Financing
February 18, 2016
Page 3 of 4
Without raising any taxes, shall Ordinance No. 16-02 be approved and shall
the Avon Town Council thereby be authorized to use certificate of
participation financing, with a principal amount not to exceed $6.5 million,
to construct a new police station facility in accordance with the terms of
Ordinance No. 16-02?
Council has discretion to determine the Ballot Question language. The Ballot Question is not subject to
the Tax Payers Bill of Rights (“TABOR”) and therefore is not required to follow the prescribed language for
ballot questions set forth in TABOR. The proposed Ballot Question is worded to begin with the phrase
“Without raising any taxes,” because the Ballot Question does not propose to raise any existing tax rates in
the Town of Avon. The repayment of the COP financing would occur through existing revenues. The
remainder of the Ballot Question includes approval of Ordinance No. 16-02 and authorization of COP
financing for a new police station facility in a principal amount not to exceed $6.5 Million.
CERTIFICATE OF PARTICPATION FINANCING AND TABOR: The ballot question seeks authorization
for financing through the use of COP financing. COP financing is not a general obligation of the Town, a
“constitutional debt” or a “multi-year fiscal obligation” and therefore is not subject to TABOR. COP
financing uses an arrangement whereby the lending institution obtains a leasehold interest on the public
property, then leases the public property back to the public entity for the duration of the bond repayment.
The obligation of public entity to pay the annual lease payment is “subject to annual budget and
appropriation”. In the event that the public entity does not appropriate and pay the annual lease payment,
the lending institution has the right to “evict” the public entity, obtain possession of the public property, and
re-let the property for the duration of the leasehold to obtain revenues to pay the remaining loan amount.
COP financing is a common method of financing used by local governments throughout Colorado. The
Town has used COP financing on multiple occasions (e.g. Transit Facility in 2010 and Street Improvements
in 2014). The Town has never defaulted on COP financing payments.
ORDINANCE NO. 16-02: Ordinance No. 16-02 was prepared by bond counsel for the Town of Avon. The
Ordinance specifies that the location of the Police Station will be on Lot 1B, Buck Creek Subdivision, Avon,
Colorado (adjacent to the medical office building under construction) IF the Eagle River Fire Protection
District ballot question passes and if the Joint Public Safety Facility project proceeds this summer. If this
does not occur, then Ordinance No. 16-02 would authorize the construction of a Police Station on other
land owned or leased by the Town of Avon within the Town’s boundaries. Ordinance No. 16-02 also states
that the use is for a Police Station or other lawful uses. The reference to other lawful uses is to
accommodate requirements that lending institutions have to permit any lawful use during the term of the
leasehold interest and repayment of the bonds. Under federal law there are many restrictions on the use of
public facilities financed with tax exempt bonds.
PLEASE NOTE that Ordinance No. 16-02 references a form of Lease Agreement, Site Lease, Trust
Indenture and Continuing Disclosure Statement. Due to the volume of pages, these documents are
provided on-line on the Town’s website and several hard copies will be provided to the public at the Council
meeting. Hard copies will be provided to Council members on request.
FAIR CAMPAIGN PRACTICES ACT: The Fair Campaign Practices Act establishes restrictions on Town
to advocate for or against a referred ballot measure. Once the Ballot Question is referred to an election,
Avon Town Council
Ballot Question re: Police Station Financing
February 18, 2016
Page 4 of 4
the Town may not spend more than $50 advocating for or against the passage of the ballot issue. The
Town may provide a factual statement to the public provided that the factual statement is objective, does
not advocate for or against the ballot issue, and includes arguments for and against the ballot issue. The
relevant statutory authorization for a factual statement is reprinted as follows:
CRS §1-45-117(1)(b) (I) Nothing in this subsection (1) shall be construed as
prohibiting an agency, department, board, division, bureau, commission, or
council of the state, or any political subdivision thereof from expending public
moneys or making contributions to dispense a factual summary, which shall
include arguments both for and against the proposal, on any issue of official
concern before the electorate in the jurisdiction. Such summary shall not contain
a conclusion or opinion in favor of or against any particular issue. As used
herein, an issue of official concern shall be limited to issues that will appear on an
election ballot in the jurisdiction.
Thank you, Eric
ATTACHMENTS:
Memorandum from Justin Hildreth
Memorandum from Scott Wright
Resolution No. 16-03 Referring the Ballot Question to a May 3, 2016 Election
Ordinance No. 16-02 Authorizing Certificate of Participation Financing for a Police Station
Res 16-03 Referring a Police Station Ballot Question to a Special Election
Page 1 of 2
RESOLUTION NO. 16-03
REFERRING A POLICE STATION BALLOT QUESTION TO A SPECIAL ELECTION
WHEREAS, Section 3.2 of the Avon Home Rule Charter states that the Council may call a
special municipal election by resolution; and
WHEREAS, the Avon Town Council finds that the construction of an Avon Police Station
through the use of certificates of participation will provide the best financing terms and lowest
cost for the Avon Community; and
WHEREAS, the Avon Town Council finds that the referral of a ballot question to the Avon
voters will promote community involvement and input on significant capital expenditures for
essential public facilities; and
WHEREAS, the Avon Town Council has the right to refer any question on its own motion to a
special election; and
WHEREAS, the Avon Town Council has the right to determine the title and ballot question; and
WHEREAS, Colorado Revised Statute §1-7.5-104 authorizes the governing board of a political
subdivision other than a county to determine to conduct an election as a mail ballot election.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Special Election, Title and Ballot Question. A special election is hereby called
to be held on Tuesday, May 3, 2016 for consideration of the following ballot question:
Police Station Financing
Without raising any taxes, shall Ordinance No. 16-02 be approved and shall
the Avon Town Council thereby be authorized to use certificate of
participation financing, with a principal amount not to exceed $6.5 million,
to construct a new police station facility in accordance with the terms of
Ordinance No. 16-02?
YES____________
NO_____________
Section 2. Mail Ballot Election. Special election on May 3, 2016 shall be conducted as a
mail ballot election.
Res 16-03 Referring a Police Station Ballot Question to a Special Election
Page 2 of 2
Section 3. Town Clerk. The Town Clerk is authorized and directed to take all actions as
necessary and appropriate to conduct a mail ballot election on May 3, 2016, in accordance with
the law.
RESOLUTION INTRODUCED, READ, APPROVED AND ADOPTED ON FEBRUARY
23, 2016.
By:____________________________ Attest:___________________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Virginia C. Egger, Town Manager
Meeting Date: February 23, 2016
Agenda Topic: Cost Estimate for Joint Town of Avon Police and Eagle River Fire Protection District
Public Safety Facility
SUMMARY: The Town has been working on a Joint Public Safety Facility that includes the Town of
Avon Police Station and Eagle River Fire Protection District (“ERFPD”) Regional Fire Station to be
located at Lot 1B, Buck Creek Subdivision. Last fall, a schematic design for the police station portion
of the facility included 19,099 SF building plus 2,173 SF in shared space. The design included 22
underground parking spaces, with a total construction price of $6,675,224, including all fees and
contingency.
The Council, during its November 10, 2015 meeting, voiced concerns about the size and cost of the
project and directed staff to eliminate all the structure parking and reduce the scope of the project.
To meet the objectives, other police stations were surveyed in mountain communities and the
Breckenridge Police Station was found to be the most comparable having a current staff of 29. The
Breckenridge station was constructed in 1996 and is 11,240 square feet. All vehicle parking is
outdoors, with patrol cars provided canopy outdoor parking. A review of the Breckenridge space
program met or exceeded all the programmatic needs identified for a new Avon Police Department.
At Council’s December 8, 2015 meeting, Council approved a Police Station not to exceed 11,300
square feet with surface parking. The total estimated cost was $4,688,656, and was derived using
the same $315.00 square foot cost estimate from the larger building. The Council also approved the
continuation of the building’s revised schematic design in order to provide the best pricing prior to
setting the ballot question to allow the use of Certificates of Participation.
Upon receipt of the schematic design package, Evans Chaffee Construction Group (“ECCG”) solicited
competitive bids from numerous qualified sub-contractors in each trade and completed pricing of
the project on February 15, 2016. Exhibit 1 summarizes the construction cost for the entire Joint
Public Safety Facility. Table 1 summarizes the pricing for The Town of Avon Police Station portion of
construction costs. Table 1 shows that even though the square footage of the building has been
further reduced by 881 square feet, the estimated cost, with surface parking, has increased by
$707,000, with competitive pricing. The cost of the facility, with surface parking, however, still
remains $1,300,000 less expensive than if developed with structured parking.
Chris Evans reports the increase construction pricing is a result of actual competitive pricing versus
an estimate based upon limited schematic plans; the high cost of retaining walls for the surface
Page 2
parking designated for the police station; and, the compaction of the police program into a smaller
area.
Staff has been in early discussion with Chris Evans to identify cost savings. Additional savings will be
identified over the next six weeks and prior to the final Guaranteed Maximum Price being
contracted.
A 10% construction contingency is included in the project budget at this time to cover any cost
adjustments as the plans are developed into final construction plans and for unforeseen
circumstances encountered during construction such as poor soils or dewatering. Contingency can
be released once the foundation and site work are completed since that contains the most risk.
TABLE 1
Avon Police Station at Buck Creek Public Safety Facility
Total Maximum Square Footage: 10,419
August 1, 2016 Ground Break
Facility
General Contractor Pricing –
Jan 25, 2016 Schematic Design
10,419 SF
12/8/2015 Project Budget
SF Schematic Design
11,300 SF
Police Building & Parking $4,302,498 $3,669,342
Contingency at 10% $430,250 $355,950
Sub-total: Building & Parking
Costs $4,732,748 $4,025,292
Soft Costs Estimate: Utility fees,
dewatering, survey, signage, IT,
moving, legal, FFE, etc.*
$309,224 $309,224
Total Building & Parking
Construction Costs $5,041,972 $4,334,516
Architectural & Engineering Fees;
& GC Pricing for Redesign $354,140 $354,140
Total Construction Project
Costs $5,396,112 $4,688,656
Land Acquisition Cost $852,000 $852,000
Total Estimated Project Costs $6,248,112 $5,540,656
SCHEDULE: Upon approval by Town Council of the ballot language at the February 23, 2016 meeting,
the Davis Partnership Group will move forward with design development and preparation of final
construction plans. The design development plans, which will be at approximately 2/3 completion of
Page 3
final construction plans, will be done by March 23rd and submitted to ECCG for another round of
pricing with the sub-contractors. The design development pricing will be used to develop the
Guaranteed Maximum Price (“GMP”) for the project and included in the ECCG Construction Contract.
The construction plans will be completed on May 20th, 2016. Assuming the May 3rd election is
successful; the contractor will then obtain the building permit and will mobilize around August 1,
2016. Construction can be completed and the building occupied by the end of 2017.
Figure 1 – View from Swift Gulch Road
Page 4
Figure 2 – View looking southeast of the apparatus bay
Figure 3 – View of public police station entrance on north side of building
EXHIBIT A – ECCG Avon Public Safety Facility VE Pricing Recap
Gross Cost Fire Police Previous Fire Police Shared GrossFire$3,163,799 $3,163,799 Level 1 9,192 9,224 868 19,284Police$1,940,142 $1,940,142 Level 2 7,985 3,646 11,631Shared$7,974,366 Level 3 6,877 1,464 8,341Fire55%$4,385,901 $4,385,901 Gross 16,069 17,209 5,978 39,256Police45%$3,588,465 $3,588,46550-50 Split $1,727,763Fire50%$863,882 $863,882Police50%$863,882 $863,882
Project Totals: $8,413,582 $6,392,488 $14,806,070Cost per SF (including 50% Shared): $441.47 $316.49 $377.17
Gross Cost Fire Police Current Fire Police Shared GrossFire$4,675,267 $4,675,267 Level 1 8,276 3,601 526 12,403Police$3,011,339 $3,011,339 Level 2 375 6,818 256 7,449Shared$1,465,514 Level 3 6,648 244 6,892Fire55%$806,033 $806,033 Gross 15,299 10,419 1,026 26,744Police45%$659,481 $659,48150-50 Split $1,308,188 Net Change:(770)(6,790)(4,952)(12,512)Fire 50%$654,094 $654,094 % Change:-4.8%-39.5%-82.8%-31.9%Police 50%$654,094 $654,094
Project Totals: $6,135,394 $4,324,914 $10,460,308 Includes $48,000 Irrigation Ditch WorkCost per SF (including 50% Shared): $388.02 $395.62 $391.13 $30,000 Thicker asphalt$314,418 3' Over-Ex per soils rptNet Change:($2,278,188)($2,067,574)($4,345,762)Total:$392,418% Change:-27.1%-32.3%-29.4%
Square Footage
Avon Public Safety Facility VE Pricing Recap
1 - Base Estimate Per Plans
1 - Base Estimate Per Plans Square Footage
Previous Pricing
Current Pricing
EXHIBIT A
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Asst. Town Manager
Date: February 23, 2016
Topic: Ordinance No. 16-02 – Authorizing the Financing of Certain Public Improvements
SUMMARY: This memorandum addresses the terms of the financing and the timetable
regarding the bond issuance. The proposed funding source of Real Estate Transfer Taxes, and
other sources of current taxes as may be appropriated, allows the Town to bond for the
police station without raising taxes or increasing taxes.
BONDING SCENARIOS: The flowing table identifies the differences between including or
excluding the architectural and engineering fees, as well as the difference in term between a
15-year and a 20-year term financing. NOTE: “TIC” refers to Total Interest Costs, which
includes all costs of the transaction, not just the stated interest rate (or coupon interest).
CAPITAL PROJECTS FUND: On September 15, 2014, the final debt service payment was made
on the bonds that were used to finance the Avon Recreation Center. The final debt service
payment was $465,248. The amounts highlighted in yellow represent annual debt service
payments that are within staff’s recommended limit of $450,000 to be paid for from real
estate transfer taxes out of the Town Capital Projects Fund. This amount has previously been
Projected Cost
2/12/2016
General Contractor Pricing -
Super SD Design (Includes
Architectural and
Engineering Fees)
Projected Cost
2/12/2016
General Contractor Pricing -
Super SD Design (Excludes
Architectural and
Engineering Fees)
TOTAL COST - BOND PROCEEDS $6,425,000 $6,065,000
DEBT SERVICE DEBT SERVICE TIC DEBT SERVICE TIC
20 YEARS 413,224 2.60%390,104 2.60%
COP (average interest rate)2.547%2.548%
15 YEARS 505,297 2.23%477,018 2.23%
COP (average interest rate)2.147%2.147%
DEBT SERVICE
PUBLIC SAFETY FACILITY - AVON POLICE DEPARTMENT
UPDATED FEBRUARY 12, 2016
approved in the Town’s 5-year long-range CIP plan. To be clear, Certificates of Participation
do not increase any current Town tax or require that a new tax be approved. The
appropriation will be planned as an expense of the Capital Projects Fund, which receives its
monies from real estate transfer taxes, however, the bonds can be paid from any and all
Town revenues.
ARCHITECTUAL AND ENGINEERING FEES: It is common in these types of projects to include
architectural and engineering fees in the financing in order to reimburse the Town for these
out-of-pocket costs. These fees are currently budgeted in the Capital Projects Fund because
of the necessity of planning and designing the project prior to the election and issuance of the
bonds. Because of the low interest rate environment, staff is recommending that these fees
be included in the financing.
BOND PARAMETERS AND ELECTION QUESTION: Attached as an Exhibit to this memo is a
schedule of Sources and Uses of the proposed Certificates of Participation financing. The
bond issuance is subject to a successful election and therefore will not close for several
months. The parameters of the financing are included in Section 4 of Ordinance No. 16-02.
The parameters allow for a small degree of adjustment in the event that financing conditions
change over the next four months.
The table below compares the parameters under current financing compared to proposed
parameters that are recommended in Ordinance No. 16-02 to allow for changes in financial
conditions in the next four months.
COP Financing based
on Current Rates and
Bond Insurance
COP Financing
Parameters Included in
Bond Ordinance
Aggregate Principal Amount $6,425,000 $6,500,000
Maximum Annual Repayment Amount $415, 791.50 $450,000
Total Repayment Cost $8,311,464.83 $8,450,000
Maximum Net Effective Interest Rate 2.76% 3.50%
TIMETABLE (EXHIBIT B): Attached is a timetable of events for the issuance of the Certificates
of Participation. The table shows the process beginning right after a successful election and
concluding with a closing and delivery of bond proceeds on July 1, 2016.
Exhibits:
A – Sources and Uses of Funds
B – Draft Timetable for COP Issuance
Page 1
SOURCES AND USES OF FUNDS
Town of Avon, Colorado
Certificates of Participation, Series 2016*****************************************************
Police Facility - Scenario 1 - Including architectural and engineering fees*****************************************************Preliminary Rates as of February 18, 2015
(20-years/AAA +50 bps)
Dated Date 08/01/2016Delivery Date 08/01/2016
Sources:
Bond Proceeds:
Par Amount 6,425,000.00
6,425,000.00
Uses:
Project Fund Deposits:Project Fund 6,272,769.00
Cost of Issuance:Other Cost of Issuance 70,000.00
Delivery Date Expenses:Underwriter's Discount 51,400.00Bond Insurance 29,090.13
80,490.13
Other Uses of Funds:
Additional Proceeds 1,740.87
6,425,000.00
Page 2
BOND PRICING
Town of Avon, Colorado
Certificates of Participation, Series 2016*****************************************************
Police Facility - Scenario 1 - Including architectural and engineering fees*****************************************************Preliminary Rates as of February 18, 2015
(20-years/AAA +50 bps)
MaturityBond Component Date Amount Rate Yield Price
Serial Bond:12/01/2017 270,000 0.880% 0.880% 100.000
12/01/2018 275,000 1.020% 1.020% 100.00012/01/2019 280,000 1.130% 1.130% 100.000
12/01/2020 280,000 1.230% 1.230% 100.00012/01/2021 285,000 1.330% 1.330% 100.00012/01/2022 290,000 1.510% 1.510% 100.000
12/01/2023 290,000 1.700% 1.700% 100.00012/01/2024 295,000 1.880% 1.880% 100.000
12/01/2025 305,000 2.030% 2.030% 100.00012/01/2026 310,000 2.160% 2.160% 100.000
12/01/2027 315,000 2.280% 2.280% 100.00012/01/2028 325,000 2.370% 2.370% 100.00012/01/2029 330,000 2.470% 2.470% 100.000
12/01/2030 340,000 2.570% 2.570% 100.00012/01/2031 345,000 2.660% 2.660% 100.000
4,535,000
Term Bond:12/01/2032 355,000 3.000% 3.000% 100.000
12/01/2033 365,000 3.000% 3.000% 100.00012/01/2034 380,000 3.000% 3.000% 100.00012/01/2035 390,000 3.000% 3.000% 100.000
12/01/2036 400,000 3.000% 3.000% 100.0001,890,000
6,425,000
Dated Date 08/01/2016Delivery Date 08/01/2016First Coupon 12/01/2016
Par Amount 6,425,000.00
Original Issue Discount
Production 6,425,000.00 100.000000%Underwriter's Discount -51,400.00 -0.800000%
Purchase Price 6,373,600.00 99.200000%Accrued Interest
Net Proceeds 6,373,600.00
Page 3
BOND DEBT SERVICE
Town of Avon, Colorado
Certificates of Participation, Series 2016*****************************************************
Police Facility - Scenario 1 - Including architectural and engineering fees*****************************************************Preliminary Rates as of February 18, 2015
(20-years/AAA +50 bps)
PeriodEnding Principal Coupon Interest Debt Service
12/01/2016 46,990.83 46,990.8312/01/2017 270,000 0.880% 140,972.50 410,972.50
12/01/2018 275,000 1.020% 138,596.50 413,596.5012/01/2019 280,000 1.130% 135,791.50 415,791.50
12/01/2020 280,000 1.230% 132,627.50 412,627.5012/01/2021 285,000 1.330% 129,183.50 414,183.5012/01/2022 290,000 1.510% 125,393.00 415,393.00
12/01/2023 290,000 1.700% 121,014.00 411,014.0012/01/2024 295,000 1.880% 116,084.00 411,084.00
12/01/2025 305,000 2.030% 110,538.00 415,538.0012/01/2026 310,000 2.160% 104,346.50 414,346.50
12/01/2027 315,000 2.280% 97,650.50 412,650.5012/01/2028 325,000 2.370% 90,468.50 415,468.5012/01/2029 330,000 2.470% 82,766.00 412,766.00
12/01/2030 340,000 2.570% 74,615.00 414,615.0012/01/2031 345,000 2.660% 65,877.00 410,877.00
12/01/2032 355,000 3.000% 56,700.00 411,700.0012/01/2033 365,000 3.000% 46,050.00 411,050.0012/01/2034 380,000 3.000% 35,100.00 415,100.00
12/01/2035 390,000 3.000% 23,700.00 413,700.0012/01/2036 400,000 3.000% 12,000.00 412,000.00
6,425,000 1,886,464.83 8,311,464.83
Page 4
BOND SUMMARY STATISTICS
Town of Avon, Colorado
Certificates of Participation, Series 2016*****************************************************
Police Facility - Scenario 1 - Including architectural and engineering fees*****************************************************Preliminary Rates as of February 18, 2015
(20-years/AAA +50 bps)
Dated Date 08/01/2016Delivery Date 08/01/2016Last Maturity 12/01/2036
Arbitrage Yield 2.563606%
True Interest Cost (TIC) 2.599542%Net Interest Cost (NIC) 2.617086%
All-In TIC 2.761305%Average Coupon 2.547670%
Average Life (years) 11.525Duration of Issue (years) 9.843
Par Amount 6,425,000.00
Bond Proceeds 6,425,000.00Total Interest 1,886,464.83Net Interest 1,937,864.83
Total Debt Service 8,311,464.83Maximum Annual Debt Service 415,791.50
Average Annual Debt Service 408,760.57
Underwriter's Fees (per $1000) Average Takedown Other Fee 8.000000
Total Underwriter's Discount 8.000000
Bid Price 99.200000
Par Average Average PV of 1 bp
Bond Component Value Price Coupon Life change
Serial Bond 4,535,000.00 100.000 2.147% 8.662 3,465.50Term Bond 1,890,000.00 100.000 3.000% 18.394 2,853.90
6,425,000.00 11.525 6,319.40
All-In ArbitrageTIC TIC Yield
Par Value 6,425,000.00 6,425,000.00 6,425,000.00
+ Accrued Interest + Premium (Discount)
- Underwriter's Discount -51,400.00 -51,400.00 - Cost of Issuance Expense -70,000.00 - Other Amounts -29,090.13 -29,090.13
Target Value 6,373,600.00 6,274,509.87 6,395,909.87
Target Date 08/01/2016 08/01/2016 08/01/2016Yield 2.599542% 2.761305% 2.563606%
*Subject to Change
EXHIBIT B
Draft Timetable for COP Issuance
$__________*
Town of Avon, Colorado
Certificates of Participation, Series 2016
Draft Timetable of Events
As of January 19, 2016
May-16 Jun-16 Jul-16
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2
8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16
22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23
29 30 31 26 27 28 29 30 24 25 26 27 28 29 30
31
DATE EVENT RESPONSIBLE PARTY
5/3/16 Election A
5/4/16 Kick-off/begin drafting legal documents ALL
5/9/16 Send around first draft of legal documents BC
5/11/16 First reading of POS/document review session ALL
5/16/16 Comments on first draft of POS due to BC ALL
5/19/16 Second document review session ALL
5/23/16 Complete Legal and Offering Document Preparation BC
5/25/16 Send Rating Agencies and Insurance Providers Information U
5/31/16 • Rating Calls
• Packets Due for Second Reading
A/U
A
6/8/16 • Receive Ratings
• Public Hearing, Second Reading of Ordinances
• Received bids back from rating agencies
U
A
6/15/16 Post POS BC
6/22/16 • Price Certificates of Participation
• Continued Public Hearing/Second Reading (if necessary)
A
6/27/16 Post Final Official Statement BC
6/30/16 Pre-Closing (30 Days after Final Readying for Referendum) All
7/1/16 Closing and Delivery of Proceeds All
A = Town of Avon
BC = Bond Counsel (Butler Snow)
U = Underwriter (Piper Jaffray)
COVER MEMOS ARE
FOUND WITH AGENDA ITEM 4.1
ORDINANCE NO. 16-02
FOLLOWS THIS NOTE
Ord. 16-02 Police Station COP
First Reading: Feb. 23, 2016
Page 1 of 12
TOWN OF AVON, COLORADO
ORDINANCE NO. 16-02
AUTHORIZING THE FINANCING OF CERTAIN PUBLIC
IMPROVEMENTS OF THE TOWN, AND IN CONNECTION
THEREWITH AUTHORIZING THE LEASING OF CERTAIN TOWN
PROPERTY AND THE EXECUTION AND DELIVERY BY THE TOWN
OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, A
DISCLOSURE CERTIFICATE, A PRELIMINARY OFFICIAL
STATEMENT AND OTHER DOCUMENTS AND MATTERS RELATING
TO CERTAIN CERTIFICATES OF PARTICIPATION, SERIES 2016;
SETTING FORTH CERTAIN PARAMETERS AND RESTRICTIONS
WITH RESPECT TO THE FINANCING; AUTHORIZING OFFICIALS
OF THE TOWN TO TAKE ALL ACTION NECESSARY TO CARRY OUT
THE TRANSACTIONS CONTEMPLATED HEREBY; RATIFYING
ACTIONS PREVIOUSLY TAKEN; AND PROVIDING OTHER
MATTERS RELATED THERETO.
WHEREAS, the Town of Avon, Eagle County, Colorado (the “Town”) is a duly organized
and existing home rule municipality of the State of Colorado, created and operating pursuant to
Article XX of the Constitution of the State of Colorado and the home rule charter of the Town
(the “Charter”); and
WHEREAS, pursuant to Chapter XIV of the Charter, the Town is authorized to enter into
one or more leases or lease-purchase agreements for land, buildings, equipment and other
property for governmental or proprietary purposes; and
WHEREAS, the Town is authorized by Article XX, Section 6 of the Colorado Constitution,
its Charter, and part 8 of Article 15 of title 31, Colorado Revised Statutes (“C.R.S.”), to enter
into rental or leasehold agreements in order to provide necessary land, buildings, equipment and
other property for governmental or proprietary purposes; and
WHEREAS, for the functions or operation of the Town, it is necessary that the Town
finance the construction of buildings and improvements for a police station facility (“Police
Station”) and the acquisition of real property if needed, as authorized by law, for police
operations and other lawful Town purposes (collectively, the “Project”); and
WHEREAS, the Town owns, or will own, in fee title, the Site and the premises, buildings
and improvements located thereon (the “Leased Property”), as further described in the Site Lease
and the Lease (hereinafter defined); and
WHEREAS, the Town Council of the Town (the “Town Council”) has determined, and now
hereby determines, that it is in the best interest of the Town and its inhabitants that the Town
lease the Leased Property to UMB Bank, n.a., as trustee under the Indenture (the “Trustee”)
pursuant to a Site Lease between the Town, as lessor, and the Trustee, as lessee (the “Site
Lease”), and lease back the Trustee’s interest in the Leased Property pursuant to the terms of a
Ord. 16-02 Police Station COP
First Reading: Feb. 23, 2016
Page 2 of 12
Lease Purchase Agreement (the “Lease”) between the Trustee, as lessor, and the Town, as lessee;
and
WHEREAS, pursuant to the Lease, and subject to the right of the Town to terminate the
Lease and other limitations as therein provided, the Town will pay certain Base Rentals and
Additional Rentals (as such terms are defined in the Lease) in consideration for the right of the
Town to use the Leased Property; and
WHEREAS, the Town’s obligation under the Lease to pay Base Rentals and Additional
Rentals shall be from year to year only; shall constitute currently budgeted expenditures of the
Town; shall not constitute a mandatory charge or requirement in any ensuing budget year; and
shall not constitute a general obligation or other indebtedness or multiple fiscal year financial
obligation of the Town within the meaning of any constitutional, charter, statutory limitation or
requirement concerning the creation of indebtedness or multiple fiscal year financial obligation,
nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal
year during which the Lease shall be in effect; and
WHEREAS, the Trustee will enter into an Indenture of Trust (the “Indenture”) pursuant to
which there is expected to be executed and delivered certain certificates of participation (the
“Certificates”) dated as of their date of delivery that shall evidence proportionate interests in the
right to receive certain Revenues (as defined in the Lease), shall be payable solely from the
sources therein provided and shall not directly or indirectly obligate the Town to make any
payments beyond those appropriated for any fiscal year during which the Lease shall be in effect;
and
WHEREAS, the net proceeds of the Certificates are expected to be used to finance the
Project; and
WHEREAS, there has also been presented to this meeting of the Town Council the form of
Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”); and
WHEREAS, there will be executed and distributed in connection with the sale of the
Certificates an Official Statement (the “Official Statement”) in substantially the form of the
Preliminary Official Statement (the “Preliminary Official Statement”) relating to the Certificates
as approved by the Finance Director of the Town; and
WHEREAS, Section 11-57-204 of the Supplemental Public Securities Act, constituting
Title 11, Article 57, Part 2, Colorado Revised Statutes, as amended (the “Supplemental Act”),
provides that a public entity, including the Town, may elect in an act of issuance to apply all or
any of the provisions of the Supplemental Act; and
WHEREAS, there has been presented to the Town Council and are on file at the Town
offices the following: (i) the proposed form of the Site Lease; (ii) the proposed form of the
Lease; and (iii) the proposed form of the Continuing Disclosure Certificate to be provided by the
Town (the “Disclosure Certificate”); and
Ord. 16-02 Police Station COP
First Reading: Feb. 23, 2016
Page 3 of 12
WHEREAS, capitalized terms used herein and not otherwise defined shall have the
meanings set forth in the Lease; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Town Council desires to comply with the requirements of the Avon 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 AVON, COLORADO the following:
Section 1. Short Title. This ordinance shall be known and may be cited by the short title
“2016 COP Ordinance.”
Section 2. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 3. Location. The location of the Police Station shall be on a portion of Lot 1B,
Buck Creek Subdivision, Avon, CO, (“Lot 1B Property”) if (1) the ballot question referred by the
Eagle River Fire Protection District for financing of a regional fire station on the Lot 1B Property
passes (“ERFPD Ballot Question”) and (2) the Eagle River Fire Protection District proceeds to
construct its portion of the “Joint Facility” as described in the Intergovernmental Agreement for
a Joint Fire-Police Station Facility between the Town of Avon and the Eagle River Fire
Protection District, dated April 28, 2015 (“IGA”). If either the ERFPD Ballot Question does not
pass or ERFPD does not proceed to construct its portion of Joint Facility in accordance with the
IGA, then the Police Station may be constructed on any land owned or leased by the Town
within the municipal boundaries of the Town of Avon.
Section 4. Use. The Police Station constructed with the certificate of participation financing
authorized by this 2016 COP Ordinance may be used as a Town of Avon police station or any
other lawful purpose.
Section 5. Ratification and Approval of Prior Actions. All action heretofore taken (not
inconsistent with the provisions of this Ordinance) by the Town Council or the officers, agents or
employees of the Town Council or the Town relating to the Site Lease, the Lease, the
acquisition, construction, installation or improvement of the Project, and the execution and
delivery of the Certificates is hereby ratified, approved and confirmed.
Section 6. Finding of Best Interests. The Town Council hereby finds and determines,
pursuant to the Constitution, the laws of the State of Colorado and the Charter, that the
acquisition, construction, and installation of the Project, and the financing of the costs thereof
pursuant to the terms set forth in the Site Lease and the Lease are necessary, convenient, and in
furtherance of the Town’s purposes and are in the best interests of the inhabitants of the Town
and the Town Council hereby authorizes and approves the same.
Ord. 16-02 Police Station COP
First Reading: Feb. 23, 2016
Page 4 of 12
Section 7. Supplemental Act; Parameters. The Town Council hereby elects to apply all of
the provisions of the Supplemental Act to the Site Lease and the Lease and in connection
therewith delegates to each of the Mayor, the Town Manager or the Finance Director the
authority to make any determination delegable pursuant to §11-57-205(1)(a-i) of the Colorado
Revised Statutes, as amended, in relation to the Site Lease and the Lease, and to execute a sale
certificate (the “Sale Certificate”) setting forth such determinations, including without limitation,
the term of the Site Lease, the rental amount to be paid by the Trustee pursuant to the Site Lease,
the term of the Lease, and the rental amount to be paid by the Town pursuant to the Lease,
subject to the following parameters and restrictions:
(a) the term of the Site Lease shall not extend beyond 40 years;
(b) the aggregate principal amount of the Base Rentals payable by the Town pursuant to the
Lease shall not exceed $6,500,000;
(c) the Lease Term shall not extend beyond 30 years;
(d) the maximum annual repayment cost of the Base Rentals under the Lease shall not
exceed $450,000, and the total repayment cost shall not exceed $8,450,000; and
(e) the maximum net effective interest rate on the interest component of the Base Rentals
relating to the 2016 Certificates shall not exceed 3.50%.
Pursuant to §11-57-205 of the Supplemental Act, the Town Council hereby delegates to each
of the Mayor, the Town Manager or the Finance Director the authority to sign a contract for the
purchase of the Certificates or to accept a binding bid for the Certificates and to execute any
agreement or agreements in connection therewith. In addition, each of the Mayor, the Town
Manager or the Finance Director is hereby authorized to determine if obtaining an insurance
policy for all or a portion of the Certificates is in the best interests of the Town, and if so, to
select an insurer to issue an insurance policy, execute a commitment relating to the same and
execute any related documents or agreements required by such commitment. Each of the Mayor,
the Town Manager or the Finance Director is also hereby authorized to determine if obtaining a
reserve fund insurance policy for the Certificates is in the best interests of the Town, and if so, to
select a surety provider to issue a reserve fund insurance policy and execute any related
documents or agreements required by such commitment.
The Town Council hereby agrees and acknowledges that the proceeds of the Certificates will
be used to finance the costs of the Project and to pay other costs of issuance.
Section 8. Approval of Documents. The Site Lease, the Lease, and the Disclosure
Certificate, in substantially the forms presented to the Town Council and on file with the Town,
are in all respects approved, authorized and confirmed, and the Mayor or Mayor Pro Tem of the
Town is hereby authorized and directed for and on behalf of the Town to execute and deliver the
Site Lease, the Lease, and the Disclosure Certificate in substantially the forms and with
substantially the same contents as presented to the Town Council, provided that such documents
may be completed, corrected or revised as deemed necessary by the parties thereto in order to
carry out the purposes of this Ordinance.
Ord. 16-02 Police Station COP
First Reading: Feb. 23, 2016
Page 5 of 12
Section 9. Approval of Official Statement. A Preliminary Official Statement and a final
Official Statement, in substantially the form of the Official Statement relating to the 2010
Certificates of Participation, which such updates and revisions as hereafter approved by the
Mayor, the Town Manager or the Finance Director, and as hereafter presented to the Town
Council and on file with the Town, is in all respects approved and authorized. The Mayor is
hereby authorized and directed, for and on behalf of the Town, to execute and deliver the final
Official Statement in substantially the form and with substantially the same content as the
Preliminary Official Statement, with such changes as may be approved by the Town Manager or
the Finance Director. The distribution of the Preliminary Official Statement and the final
Official Statement to all interested persons in connection with the sale of the Certificates is
hereby ratified, approved and authorized.
Section 10. Authorization to Execute Collateral Documents. No provision of this
ordinance, the Site Lease, the Lease, the Indenture, or the Certificates, shall be construed as
creating or constituting a general obligation or other indebtedness or multiple fiscal year
financial obligation of the Town within the meaning of any constitutional, statutory or home rule
charter provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal
year beyond the then current fiscal year. The Town shall have no obligation to make any
payment with respect to the Certificates except in connection with the payment of the Base
Rentals (as defined in the Lease) and certain other payments under the Lease, which payments
may be terminated by the Town in accordance with the provisions of the Lease. Neither the
Lease nor the Certificates shall constitute a mandatory charge or requirement of the Town in any
ensuing fiscal year beyond the then current fiscal year or constitute or give rise to a general
obligation or other indebtedness or multiple fiscal year financial obligation of the Town within
the meaning of any constitutional, statutory or Charter debt limitation and shall not constitute a
multiple fiscal year direct or indirect debt or other financial obligation whatsoever. No provision
of the Site Lease, the Lease or the Certificates shall be construed or interpreted as creating an
unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the
Town within the meaning of Sections 1 or 2 of Article XI of the Colorado Constitution. Neither
the Lease nor the Certificates shall directly or indirectly obligate the Town to make any
payments beyond those budgeted and appropriated for the Town’s then current fiscal year.
Section 11. No General Obligation Debt. No provision of this Ordinance, the Site Lease,
the Lease, the Indenture, the Certificates, the Preliminary Official Statement, or the final Official
Statement shall be construed as creating or constituting a general obligation or other
indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any
constitutional, statutory or Charter provision, nor a mandatory charge or requirement against the
Town in any ensuing fiscal year beyond the then current fiscal year. The Town shall have no
obligation to make any payment with respect to the Certificates except in connection with the
payment of the Base Rentals (as defined in the Lease) and certain other payments under the
Lease, which payments may be terminated by the Town in accordance with the provisions of the
Lease. Neither the Lease nor the Certificates shall constitute a mandatory charge or requirement
of the Town in any ensuing fiscal year beyond the then current fiscal year or constitute or give
rise to a general obligation or other indebtedness or multiple fiscal year financial obligation of
the Town within the meaning of any constitutional, statutory or Charter debt limitation and shall
not constitute a multiple fiscal year direct or indirect debt or other financial obligation
Ord. 16-02 Police Station COP
First Reading: Feb. 23, 2016
Page 6 of 12
whatsoever. No provision of the Site Lease, the Lease or the Certificates shall be construed or
interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a
lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the
Colorado Constitution. Neither the Lease nor the Certificates shall directly or indirectly obligate
the Town to make any payments beyond those budgeted and appropriated for the Town’s then
current fiscal year.
Section 12. Reasonableness of Rentals. The Town Council hereby determines and declares
that the Base Rentals due under the Lease, in the maximum amounts authorized pursuant to
Section 3 hereof, constitute the fair rental value of the Leased Property and do not exceed a
reasonable amount so as to place the Town under an economic compulsion to renew the Lease or
to exercise its option to purchase the Trustee’s leasehold interest in the Leased Property pursuant
to the Lease. The Town Council hereby determines and declares that the period during which
the Town has an option to purchase the Trustee’s leasehold interest in the Leased Property (i.e.,
the entire maximum term of the Lease) does not exceed the useful life of the Leased Property.
The Town Council hereby further determines that the amount of rental payments to be received
by the Town from the Trustee pursuant to the Site Lease is reasonable consideration for the
leasing of the Leased Property to the Trustee for the term of the Site Lease as provided therein.
Section 13. No Recourse against Officers and Agents. Pursuant to §11-57-209 of the
Supplemental Act, if a member of the Town Council, or any officer or agent of the Town acts in
good faith, no civil recourse shall be available against such member, officer, or agent for
payment of the principal, interest or prior redemption premiums on the Certificates. Such
recourse shall not be available either directly or indirectly through the Town Council or the
Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of
penalty, or otherwise. By the acceptance of the Certificates and as a part of the consideration of
their sale or purchase, any person purchasing or selling such Certificate specifically waives any
such recourse.
Section 14. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
heretofore repealed.
Section 15. 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.
Ord. 16-02 Police Station COP
First Reading: Feb. 23, 2016
Page 7 of 12
Section 16. Interpretation. This Ordinance shall be so interpreted and construed as to
effectuate its general purpose.
Section 17. Charter Controls. Pursuant to Article XX of the State Constitution and the
Charter, all State statutes that might otherwise apply in connection with the provisions of this
Ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the
provisions of this Ordinance and the Sale Certificate authorized hereby and such statutes. Any
such inconsistency or conflict is intended by the Town Council and shall be deemed made
pursuant to the authority of Article XX of the State Constitution and the Charter.
Section 18. Effective Date, Recording, and Authentication. This Ordinance shall be
effective only in the event that it is approved by the voters of the Town at a May 3, 2016, special
election. This Ordinance shall be numbered and recorded in the official records of the Town
kept for that purpose, and shall be authenticated by the signatures of the Mayor and Mayor Pro-
Tem and Town Clerk, and published in accordance with law.
Section 19. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town, 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 20. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on February 23, 2016 and setting such public hearing for March 8, 2016 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on March 8, 2016.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Ord. 16-02 Police Station COP
First Reading: Feb. 23, 2016
Page 8 of 12
Eric J. Heil, Town Attorney
Ord. 16-02 Police Station COP
First Reading: Feb. 23, 2016
Page 1 of 12
STATE OF COLORADO )
)
COUNTY OF EAGLE ) SS.
)
TOWN OF AVON )
I, Debbie Hoppe, the Town Clerk of the Town of Avon, Colorado (the “Town”),
do hereby certify:
I, the duly elected, qualified, and acting Town Clerk of the Town of Avon,
Colorado (the “Town”), do hereby certify that:
(1) The foregoing pages are a true, correct and complete copy of an ordinance
(the “Ordinance”) that was introduced, approved on first reading and ordered published in full in
accordance with the Town Charter (the “Charter”) by the Town Council at a regular meeting
thereof held on February 23, 2016, and was introduced, approved on second and final reading,
and ordered published in full in accordance with the Charter on March 8, 2016, which Ordinance
has not been revoked, rescinded or repealed and is in full force and effect on the date hereof.
(2) The Ordinance was duly moved and seconded, and the Ordinance was
approved on first reading, at the meeting of February 23, 2016, by an affirmative vote of a
majority of the membership of the entire Town Council as follows:
Councilmember Voting “Yes” Voting “No” Absent Abstaining
Jennie Fancher
Jake Wolf
Megan Burch
Matt Gennett
Sarah Smith Hymes
Scott Prince
Buz Reynolds
(3) The Ordinance was duly moved and seconded, and the Ordinance was
approved on second and final reading, at the meeting of March 8, 2016, by an affirmative vote of
a majority of the membership of the entire Town Council as follows:
Councilmember Voting “Yes” Voting “No” Absent Abstaining
Jennie Fancher
Jake Wolf
Megan Burch
Matt Gennett
Sarah Smith Hymes
Scott Prince
Buz Reynolds
Ord. 16-02 Police Station COP
First Reading: Feb. 23, 2016
Page 2 of 12
(4) The members of the Town Council were present at such meetings and
voted on the passage of such Ordinance as set forth above.
(5) The Ordinance was authenticated by the signature of the Mayor, sealed
with the Town seal, attested by the Town Clerk, and recorded in the minutes of the Town
Council.
(6) There are no bylaws, rules or regulations of the Town Council that might
prohibit the adoption of the Ordinance.
(7) Notices of the meetings of February 23, 2016, and March 8, 2016, in the
forms attached hereto as Exhibit A were posted at the Town Hall not less than 24 hours prior to
each meeting in accordance with law.
(8) On ________, 2016, and ________, 2016, the Ordinance was published by
title only in the Vail Daily, a newspaper of general circulation in the Town, in accordance with
the Charter and Chapter 1.16 of the Avon Municipal Code. Affidavits of publication are
attached hereto as Exhibit B.
WITNESS my hand and the seal of the Town affixed on _______________, 2016.
[ S E A L ]
_______________________________________
Town Clerk
A-1
EXHIBIT A
(Attach Notices of Meetings of February 23, 2016 and March 8, 2016)
B-1
EXHIBIT B
(Affidavits of Publication)
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Debbie Hoppe, Town Clerk
Meeting Date: February 23, 2016
Agenda Topic: Resolution No. 16-01 Designating Locations for Posting Notices of Public Meetings
C.R.S. Section 24-6-402(2)(c) requires that a municipality’s posting places must be designated
at the first regular meeting of the calendar year as part of Colorado’s “Open Meetings Law”.
Resolution No. 16-01 is presented to satisfy this requirement whereby it identifies three public
locations used for posting notices of Avon’s public meetings in addition to the Town’s
website.
PROPOSED MOTION
“Move to approve Resolution No. 16-01 Designating Locations for Posting Notices of Public
Meetings.”
TOWN OF AVON, COLORADO RESOLUTION NO. 16-01
RESOLUTION DESIGNATING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS
Whereas, Local Public Bodies, including the Avon Town Council, are required by
Subsection 24-6-402 (2)(c) C.R.S., to designate annually at the Town Council’s first regular
meeting of each calendar year, the place at which notice will be posted at least 24 hours prior to
each meeting.
NOW, THEREFORE BE IT RESOLVED BY THE AVON TOWN COUNCIL AS FOLLOWS:
Notice of meetings of the Town Council required pursuant to Section 24-6-401, et seq., C.R.S.
shall be posted within the boundaries of the Town at least 24 hours prior to each meeting at the following locations:
Avon Town Hall, One Lake Street
Avon Recreation Center, 90 Lake Street,
Avon Public Library, 200 Benchmark Road Town of Avon website @ www.avon.org
ADOPTED THIS 23RD DAY OF FEBRUARY 2016.
TOWN COUNCIL TOWN OF AVON, COLORADO
_________________________
Jennie Fancher, Mayor
Attest:
___________________________________
Debbie Hoppe, Town Clerk
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, FEBRUARY 9, 2016
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 02-09-2016 Minutes Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:05 p.m. A roll call was taken and Council members present
were Jake Wolf, Matt Gennett, Megan Burch, Scott Prince and Sarah Smith Hymes. Buz Reynolds was
absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager
Scott Wright, Planning Director Matt Pielsticker, Police Chief Bob Ticer, Executive Assistant to the Town
Manager Preston Neill and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
Mayor Fancher requested action item 5.1 be reviewed before works session item 4.1. Council agreed to
the change.
3. PUBLIC COMMENT
No public comments were made.
4. WORK SESSION
4.1. REVIEW OF REPORT ON TOWN OF AVON SALES TAX ON BUILDING MATERIALS (ASSISTANT TOWN MANAGER
SCOTT WRIGHT, TOWN MANAGER VIRGINIA EGGER, TOWN ATTORNEY ERIC HEIL)
Michael Cacioppo, Angelo Loria and Roger Benedict commented.
5. ACTION ITEMS
5.1. CONSIDERATION OF FOURTH AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH EAGLE RIVER FIRE
PROTECTION DISTRICT TO WAIVE FEES RELATED TO THE CONSTRUCTION OF THE JOINT PUBLIC SAFETY FACILITY
(TOWN ENGINEER JUSTIN HILDRETH)
Mayor Pro Tem Wolf moved to approve the Fourth Amendment to the Intergovernmental Agreement
for a Joint Fire-Police Station Facility between the Town of Avon and the Eagle River Fire Protection
District, which waives Building Permit fees and planning review fees, and allocates the payment of the
Town of Avon Water Tap Fee to offset the actual water infrastructure costs for the project. Action on
the request to waive the Exterior Energy Offset Program fee will be delayed until the results of the
geothermal feasibility study is completed. Councilor Burch seconded the motion and it passed
unanimously by those present. Councilor Reynolds was absent.
5.2. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND EAGLE COUNTY FOR
PLAN4HEALTH PROJECT (TOWN ATTORNEY ERIC HEIL)
Councilor Gennett moved to approve the Intergovernmental Agreement between the Town of
Avon and Eagle County for Plan4Health Project; Mayor Pro Tem Wolf seconded the motion and it
passed unanimously by those present. Councilor Reynolds was absent.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, FEBRUARY 9, 2016
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 02-09-2016 Minutes Page 2
5.3. RESOLUTION NO. 16-O2, A RESOLUTION INITIATING ANNEXATION PROCEEDINGS AND SETTING A PUBLIC
HEARING FOR THE ANNEXATION OF UPPER EAGLE RIVER WATER AUTHORITY MOUNTAIN STAR WATER TANK
PROPERTY (TOWN ATTORNEY ERIC HEIL)
Jason Cowles commented.
Councilor Smith Hymes moved to approve Resolution No. 16-02, Initiating Annexation of the
Mountain Star Water Tanks Site Property, finding the petition for annexation to be in substantial
compliance, and setting a public hearing; Mayor Pro Tem Wolf seconded the motion and it passed
unanimously by those present. Councilor Reynolds was absent.
5.4. MINUTES FROM JANUARY 26, 2016 MEETING (TOWN CLERK DEBBIE HOPPE)
Councilor Burch moved to approve the minutes from the January 26, 2016 meeting. Councilor
Gennett seconded the motion and it passed unanimously by those present. Councilor Reynolds was
absent.
6. WRITTEN REPORTS
7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
8. MAYOR & COUNCIL COMMENTS
9. ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 7: 14 p.m.
RESPECTFULLY SUBMITTED:
______________________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Albert “Buz” Reynolds ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ________________________________
TOWN OF AVON, COLORADO
TOWN COUNCIL RETREAT MEETING MINUTES FOR FRIDAY, FEBRUARY 12, 2016
AVON REGIONAL TRANSPORTATION FACILITY, 500 SWIFT GULCH ROAD
Avon Retreat Minutes 2/12/16 Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 11:05 a.m. A roll call was taken and Council members
present were Megan Burch, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Buz
Reynolds was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil,
Assistant Town Manager Scott Wright and Executive Assistant to the Town Manager Preston Neill.
2. WORK SESSION
2.1. TOWN COUNCIL MEETINGS
2.2. SPLIT VOTES
2.3. TOWN COUNCIL MINUTES
2.4. STRATEGIC PLAN
2.5. FESTIVAL SPONSORSHIP POLICY
2.6. NEXT RETREAT MEETING DATE
Councilor Reynolds joined the meeting at 12:28 p.m.
Councilor Reynolds left the meeting at 2:02 p.m.
3. ADJOURNMENT
There being no further business to come before the Council, the retreat adjourned at 4:55 p.m.
RESPECTFULLY SUBMITTED:
_____________________________________________
Preston Neill, Executive Assistant to the Town Manager
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Albert “Buz” Reynolds ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: February 23, 2016
Agenda
Topic: Review of Report on Town of Avon Sales Tax on Building Materials
(Town Manager Virginia Egger, Assistant Town Manager Scott Wright,
Town Attorney Eric Heil)
ACTION BEFORE COUNCIL
Town Council reviewed the attached Report on the Town of Avon Sales Tax on Building Materials at a
February 9, 2016, Work Session. At the conclusion of the Work Session, the Council indicated that no
action to exempt or change the tax would be considered based on the Report. The Council did
discuss options to dedicate all or a portion of the collected taxes to an affordable/worker housing
fund or project; and, developing an ordinance to automatically exempt the building materials sales
tax on public facilities. In addition, staff recommendations in the Report were understood to be
implemented as soon as possible.
In scheduling the February 9th Work Session, Mayor Jennie Fancher was aware that Councilor Buz
Reynolds would not be able to attend the meeting. Mayor Fancher agreed to hold the February 9th
Work Session, and then another Work Session on the topic, when Councilor Reynolds would be
present on February 23rd. Interested members of the public, who had attended the January 12, 2016,
Work Session on the topic, were also noticed that a Work Session would be held on February 23rd.
Council action is a review of the Report and direction to staff as desired.
THE
TOWN
OF
AVON
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
INCLUDING
COLLECTION
DATA,
LEGAL
REVIEW,
TAX
RELIEF
OPTIONS,
FINANCIAL
INFORMATION
AND
ADMINISTRATION
RECOMMENDATIONS
Prepared
for
the
February
9,
2016
regular
meeting
of
the
Avon
Town
Council
Town
Attorney
Eric
J.
Heil
Assistant
Town
Manager
Scott
Wright
Town
Manager
Virginia
Egger
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
3
OF
20
peer
communities,
including
the
Town
of
Breckenridge,
and
explores
methods
of
improving
administrative
procedures
to
promote
greater
awareness
and
compliance
with
the
Town’s
sales
tax
regulations.
From
2012
through
2015,
the
Finance
Department
adopted
improved
administrative
procedures
to
notify
contractors,
sub-‐contractors
and
suppliers
of
the
Town’s
sales
tax
requirements
and
applicability
of
the
Town’s
sales
tax
to
Building
Materials
delivered
into
Avon.
The
Finance
Department
implemented
MUNIRevs
software
in
2014
and
Town
Council
adopted
revisions
to
business
licensing
regulations
by
Ordinance
No.
15-‐02.
These
two
actions
expanded
the
Town’s
ability
to
identify
businesses
operating
in
Avon
and
the
Town’s
ability
to
notify
such
businesses
of
Town’s
sales
tax
requirements.
The
number
of
business
licenses
issued
to
out-‐of-‐town
Retailers
selling
Building
Materials
in
Avon
increased
from
2010
to
2015
due
to
Town’s
improvements
to
its
administrative
procedures
and
notifications
and
due
to
the
overall
increase
in
building
activity
in
Avon.
The
sales
tax
collected
on
Building
Materials
from
out-‐of-‐town
Retailers
as
relates
to
overall
construction
activity
for
years
2010-‐2015
is
summarizes
as
follows:
EXECUTIVE
SUMMARY
TABLE
OUT-‐OF-‐TOWN
RETAILERS
OF
BUILDING
MATERIALS
Year
Number
of
Out-‐of-‐
Town
Retailers
of
Building
Materials
filing
Sales
Tax
Reports
Sales
Tax
Collected
from
Out-‐of-‐Town
Retailers
of
Building
Materials
Total
Building
Activity
by
Valuation
2010
47
$
44,218.85
$13,021,586
2011
51
$
57,873.18
$
9,334,790
2012
52
$
72,747.72
$13,848,500
2013
85
$100,061.95
$36,149,636
2014
105
$318,821.24
$15,235,900
2015
118
$311,607.95
$34,999,261
Building
Activity
by
Valuation
is
based
on
building
permit
information.
The
purchase
of
Building
Materials
at
retail
and
remittance
of
the
associated
sales
tax
for
such
Building
Materials
may
occur
in
the
succeeding
year
or
later
depending
upon
the
timing
and
progress
of
the
building
project.
Council
has
the
legislative
authority
to
enact
a
variety
of
options
to
exempt,
credit
or
rebate
sales
tax
imposed
on
Building
Materials
generally
or
upon
Building
Materials
sold
by
out-‐of-‐town
Retailers
and
delivered
into
Avon.
The
financial
impact
of
not
collecting
sales
tax
on
Building
Materials
delivered
into
Avon
is
dependent
upon
the
level
of
construction
activity.
The
projected
reduction
in
sales
tax
revenue
in
future
years
is
estimated
to
average
$300,000
annually
based
upon
the
amount
of
sales
tax
collected
in
2014
and
2015.
The
Town
provides
a
sales
tax
credit
on
“taxable
transactions”
in
The
Village
(at
Avon)
that
corresponds
to
a
public
improvement
fee
imposed
in
the
Village
(at
Avon).
The
public
improvement
fee
on
retail
sales
is
the
most
significant
revenue
source
for
Traer
Creek
Metropolitan
District.
Legislative
action
to
provide
an
exemption
from
sales
tax
for
Building
Materials
delivered
into
the
Village
(at
Avon)
may
reduce
the
future
potential
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
4
OF
20
revenues
of
Traer
Creek
Metropolitan
District.
Finally,
uniformity
in
taxation
of
retail
transactions
is
widely
considered
to
be
fair,
efficient,
beneficial
and
preferred,
both
at
the
state
level
and
national
level.
Sales
tax
exemptions
or
tax
relief
which
are
not
uniform
across
Avon
and
other
jurisdictions
can
result
in
a
competitive
disadvantage
for
some
Retailers.
This
Report
is
organized
into
six
sections,
described
as
follows:
I. SALES
TAX
COLLECTIONS
ON
BUILDING
MATERIALS
This
section
includes
basic
terms
and
definitions;
a
chronology
of
the
Town’s
administrative
efforts
to
collect
sales
tax
on
Building
Materials;
a
description
of
the
licensing,
collection
and
reporting
process;
and,
an
overview
of
enforcement
practices.
Also
included
are
examples
of
forms
and
collection
letters
as
attached
exhibits.
II. LEGAL
Town
Attorney
Eric
J.
Heil
addresses
legal
questions
raised
at
the
January
12,
2016,
Council
meeting
regarding
tax
policy
change,
TABOR
issues,
the
2002
Use
Tax
Ballot
question,
Village
at
(Avon)
Annexation
and
Development
Agreement ,
and
legal
considerations
concerning
potential
legislative
options
to
amend
the
Town’s
sales
tax
regulations.
III. SUMMARY
OF
FINANCIAL
INFORMATION
Two
detailed
reports
are
included
in
this
section.
The
first
is
a
summary
of
sales
tax
collections
related
to
Building
Materials
and
the
number
of
return
filers
from
2010-‐
2015.
The
second
report
is
a
ten-‐year
summary
of
building
permit
activity
within
the
Town
of
Avon.
In
addition,
two
credit
ratings
reports,
from
Standard
&
Poor’s
and
Moody’s,
providing
credit
opinions
on
the
Town
of
Avon,
are
included
along
with
a
general
discussion
based
on
their
comments.
IV. LEGISLATIVE
OPTIONS
This
section
identifies
and
discusses
an
array
of
options
the
Town
Council
may
consider
for
a
sales
tax
on
Building
Materials,
considerations
for
potential
outcomes
of
the
option,
and
additional
questions
that
may
be
raised
in
considering
the
action.
V. RECOMMENDATIONS
FOR
SALES
TAX
ADMINISTRATION
IMPROVEMENT
This
section
details
staff’s
recommendations
for
additional
efforts
to
improve
administration
of
the
Town
sales
tax
on
Building
Materials.
VI. EXHIBITS
The
following
Exhibits
referred
to
in
the
above
sections.
1. Exhibit
1
–
Supplier
Verification
Form
2. Exhibit
2
–
Contractor
Letter
3. Exhibit
3
–
1st
Delinquency
Letter
4. Exhibit
4
–
2nd
Delinquency
Letter
5. Exhibit
5
–
Standard
&
Poor’s
Rating
Opinion
Letter
6. Exhibit
6
–
Moody’s
Rating
Opinion
Letter
7. Table
1
–
Sales
Tax
Collections
Related
to
Building
Materials
8. Table
2
–
Commercial
and
Residential
Construction
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
5
OF
20
SECTION
I
SALES
TAX
COLLECTIONS
ON
BUILDING
MATERIALS
Terms
and
Definitions:
• Person
means
an
individual
or
any
recognized
legal
entity.
• Retailer
means
any
person
selling
tangible
personal
property
at
retail.
• Sales
Taxpayer
means
a
person
buying
taxable
goods
from
a
Retailer.
• Business
License
means
a
license
required
by
the
Town
for
any
person
engaged
in
business
in
the
Town.
• Sales
Tax
License
means
the
license
required
by
the
Town
for
any
person
engaged
in
the
business
of
making
retail
sales
within
the
Town.
Chronology
of
Efforts
to
Enhance
Sales
Tax
Compliance
2010
• Electronic
Business
Licenses
&
Sales
Tax
Records
on
File
-‐
The
Records
Retention
Act,
established
by
the
Colorado
State
Archives,
which
is
authorized
by
Colorado
State
Statute,
and
adopted
by
the
Town
of
Avon,
directs
the
disposition
schedules
of
public
documents.
a. Sales
Tax
Return
Records:
Required
to
be
retained
for
four
(4)
years
after
filing
of
the
return.
Electronic
records
are
currently
on
file
for
years
beginning
in
2010.
Since
2010,
the
Town
no
longer
accepts
paper
returns.
Paper
returns,
prior
to
2010,
have
been
destroyed
in
compliance
with
the
Records
Retention
Act.
b. Business
Licenses:
Required
to
be
retained
for
two
(2)
years
after
expiration.
Electronic
records
are
currently
on
file
for
years
beginning
in
2014.
Prior
to
March,
2015,
only
contractors
and
subcontractors,
with
a
fixed
location
in
Avon,
were
required
to
have
a
Business
License.
• Town
administration
relies
on
Retailers
and
businesses
to
understand
that
business
licensing,
sales
tax
licensing
and
other
regulations
apply
when
commencing
or
engaging
in
business
in
Avon.
• Town’s
website
includes
informational
links
both
on
the
www.avon.org
homepage
under
the
button
“Online
Payments”,
as
well
as
under
the
Finance
Department’s
page.
• Enforcement
is
practiced
on
a
limited
basis
when
license
holders
fail
to
file
a
return,
returns
appear
inconsistent
when
filed,
or
the
Finance
Department
becomes
aware
of
a
Retailer
who
did
not
have
a
Business
License.
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
6
OF
20
2012-‐
2013
• Town
hires
new
Accounting
Assistant
–
Additional
duties
included
sales
tax
administration.
• Town
staff
attends
Colorado
Tax
Audit
Professionals
meetings.
Among
current
topics,
discussions
include
how
to
ensure
the
enforcement
and
collection
of
sales
taxes
on
construction
projects
due
to
the
increase
in
building
activity
coming
out
of
the
great
recession.
• Town
staff
researches
the
Town
of
Breckenridge
process,
which
also
has
a
sales
tax
on
Building
Materials
and
no
use
tax.
• Finance
Director
and
Town
Attorney
agree
that
a
process
similar
to
the
Town
of
Breckenridge
for
identifying
suppliers
and
contractors
on
large
building
projects,
called
a
“Supplier
Verification
Form”
should
be
implemented
in
Avon.
• May,
2013
–
Town
of
Avon
Building
Official
notifies
in
writing
all
Building
Permit
recipients
of
the
Town’s
sales
tax
requirements
at
the
time
of
Building
Permit
issuance.
General
Contractors
are
given
a
general
information
letter
and
form
–
see
Exhibits
1
and
2.
• Town
purchases
MUNIRev
software
for
sales
tax
administration.
• Building
Permits
begin
to
increase
with
better
economy.
Wyndham
project
is
approved
and
is
a
significant
construction
project
with
delivery
of
many
Building
Materials.
Town
staff
contacts
the
contractor,
and
subsequently
all
its
subcontractors
and
suppliers,
to
promote
awareness
of
the
Town’s
sales
tax
requirements
and
applicability
to
delivered
Building
Materials.
2014
• Business
License
administration
is
re-‐organized,
with
the
Finance
Department
becoming
responsible
for
all
aspects
of
Business
License
administration,
which
was
previously
the
duty
of
the
Town
Clerk’s
office.
• Finance
Department
begins
the
process
of
transferring
the
administration
of
the
licensing
into
new
MUNIRevs
software.
This
change
of
administration
oversight
brought
together
all
information
needed
to
identify,
track
and
monitor
businesses
and
sales
tax
remittance.
• The
website
is
updated
to
list
the
MUNIRevs
telephone
number
prominently
on
the
web
page
and
to
describe
the
processes
for
obtaining
a
Business
License
and
Sales
Tax
License.
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
7
OF
20
2015
• In
March,
2015,
the
Town
Council
adopted
Ordinance
No.
15-‐02
which
cross-‐
referenced
the
sales
tax
definition
of
“doing
business
in
Town”
for
uniformity
and
thus
required
anyone
doing
business
in
Town
to
obtain
a
Business
License.
Previously,
only
businesses
with
physical
locations
in
Town
were
required
to
get
a
Business
License.
• The
revision
to
the
Business
License
regulations
in
early
2015
resulted
in
the
issuance
of
Business
Licenses
to
approximately
347
new
businesses.
Many
of
the
new
Business
Licenses
are
related
to
the
building
industry,
including
both
Retailers
of
Building
Materials,
contractors
and
sub-‐contractors.
Contractors
with
an
address
outside
of
Avon
who
do
business
in
Avon
must
now
obtain
a
Business
License
in
addition
to
obtaining
a
Contractor’s
License.
• Contractors
are
set
up
in
the
MUNIRevs
with
sales
tax
forms
on
either
a
monthly
or
quarterly
basis
(unless
the
Finance
Department
has
been
informed
by
the
contractor
that
the
respective
business
operations
are
not
subject
to
Avon
sales
tax
(i.e.
service-‐related
only)).
If
there
are
no
taxable
transactions,
a
business
with
a
Sales
Tax
License
must
still
file
a
sales
tax
return
indicating
zero
amount
due.
• For
2015,
the
Finance
Department
has
collected
a
total
of
$76,675
in
Business
License
fees
for
all
businesses
compared
to
$22,300,
in
2014.
SUMMARY:
The
changes
to
the
Town’s
Business
License
Regulations
in
the
Avon
Municipal
Code
and
changes
to
administrative
procedures
along
with
an
overall
increase
in
economic
activity
and
building
activity
have
resulted
in
an
increase
in
the
number
of
Business
Licenses
and
Sales
Tax
Licenses
held
by
out-‐of-‐town
Retailers
of
Building
Materials.
The
number
of
in-‐town
Retailers
of
Building
Materials
has
remained
comparatively
stable
over
the
last
six
years.
The
legislative
and
administrative
changes
over
the
last
several
years
have
resulted
in
a
greater
number
of
Business
Licenses
and
Sales
Tax
Licenses
for
businesses
“doing
business
in
Avon”
have
thereby
advanced
uniformity
in
the
application
of
the
Town’s
sales
tax.
The
change
in
Business
Licenses
and
Sales
Tax
Licenses
for
Retailers
of
Building
Materials
is
summarized
as
follows:
Year
In-‐Town
Retailers
Out-‐of-‐
Town
Retailers
Sales
Tax
from
In-‐Town
Retailers
Sales
Tax
from
Out-‐of-‐Town
Retailers
Total
Building
Activity
by
Valuation
2010
14
47
$166,154
$
44,219
$13,021,586
2011
14
51
$180,254
$
57,873
$
9,334,790
2012
15
52
$258,565
$
72,748
$13,848,500
2013
18
85
$237,766
$100,062
$36,149,636
2014
16
105
$282,976
$381,821
$15,235,900
2015
21
118
$331,503
$311,608
$34,999,261
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
8
OF
20
Process
for
Business
Licenses,
Sales
Tax
Notification,
Collection
&
Enforcement
(May,
2013
–
Present)
With
the
implementation
of
MUNIRevs,
the
Town’s
online
licensing
and
sales
tax
collection
system,
obtaining
a
Business
License,
Sales
Tax
License,
filing
of
returns,
and
payment
of
taxes
is
all
accomplished
in
one
place.
• Registration
of
a
business
is
accomplished
through
the
process
o f
obtaining
a
Business
License.
A
Sales
Tax
License
must
be
performed
prior
to
opening
the
business
and
making
retail
sales.
Business
License
fees
vary
depending
on
the
location
and
type
of
business.
There
is
no
fee
to
obtain
a
Sales
Tax
License.
• Detailed
information
and
instructions
for
registration
are
found
on
the
Town
of
Avon
website
(www.avon.org)
under
both
the
Business
License
and
Sales
Tax
links
under
the
Home
Page
drop -‐down
screen
for
Departments.
In
addition,
there
is
specific
information
regarding
the
collection
of
sales
tax
on
materials
delivered
to
job
sites
within
the
Town.
This
information
has
been
available
since
2014.
• There
are
also
informational
links
both
on
the
www.avon.org
homepage
under
the
button
“Online
Payments”
as
well
as
under
the
Finance
Department’s
page
to
the
MUNIRevs
registration
site.
In
addition,
the
MUNIRevs
telephone
number
is
shown
prominently
on
the
web
page
and
throughout
the
process
for
obtaining
the
Business
and
Sales
Tax
Licenses.
• Once
a
Sales
Tax
License
is
issued,
the
Retailer
must
file
a
sales
tax
return,
which
includes
the
payment
of
tax.
This
process
is
performed
online.
The
Retailer
is
required
to
report
the
amount
of
gross
taxable
sales
made
for
the
reporting
period,
the
amount
of
returned
goods,
and
the
amount
of
retail
sales
that
are
exempt
from
taxation.2
• Sales
tax
returns
are
due
by
the
20
th
day
of
the
month
for
the
sales
activities
occurring
in
the
preceding
calendar
month.
The
Finance
Department
does
allow
quarterly
and
annual
filing
of
returns
for
those
businesses
that
do
not
have
minimal
retail
sales
activity.
• It
is
the
duty
of
each
Retailer
who
obtains
a
Sales
Tax
License
to
keep
and
preserve
adequate
records
of
sales
and
such
other
books
and
accounts
necessary
to
determine
the
amount
of
sales
tax.
Such
books
and
records
of
the
Retailer
may
be
examined
at
any
time
by
the
Director
of
Finance
and
must
be
kept
for
a
period
of
three
(3)
years.3
2
AMC
3.08.120(b)
3
AMC
3.08.200
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
9
OF
20
Enforcement
Enforcement
of
the
Town’s
sales
tax
regulations
generally
follows
these
steps:
1. Written
Notice:
Written
notice
of
a
failure
to
file
is
sent
out
through
the
mail
on
approximately
the
1
st
of
the
month
following
the
due
date
of
the
return.
After
approximately
30
additional
days,
subsequent
mailings
are
sent
out
under
the
Town
Attorney’s
signature
for
failure
to
respond
or
file.
Copies
of
these
collection
letters
are
attached
as
Exhibits
3
and
4.
2. Municipal
Court
Complaint:
If
a
business
does
not
respond
to
the
Town’s
multiple
letter
requests
then
a
municipal
court
citation
is
issued
and/or
a
sales
tax
lien
is
placed
on
a
busine ss.
Often,
the
Sales
Taxpayer
is
instructed
by
the
Court
to
work
out
a
payment
plan
with
the
Finance
Department.
On
only
two
occasions
over
the
past
twenty
years
has
the
Finance
Director
issued
a
distraint
warrant
to
the
County
Sheriff.
A
distraint
warrant
is
an
order
to
seize
and
sell
personal
property
for
payment
of
delinquent
tax
amounts
due.
The
Town
works
cooperatively
with
the
Colorado
Department
of
Revenue
in
matters
involving
collection
of
state
sales
tax
delinquency.
3. Audits:
The
Finance
Direct or
is
responsible
for
examining
returns.
The
Director
performs
an
initial
examination
of
returns
as
taxes
are
remitted
to
determine
if
the
sales
tax
remittance
is
unusual
or
unexpected
considering
the
nature
of
the
business.
The
Director
has
authority
to
order
an
investigation
(i.e.
audit)
of
the
Retailer’s
books.4
Audits
are
sometimes
conducted
as
group
audits
of
large
Retailers
with
other
municipalities.
Audits
may
also
occur
for
a
select
number
of
specific
businesses
within
the
Town.
Businesses
are
selected
based
upon
size
of
the
business
and/or
concerns
identified
by
sales
tax
reports.
The
use
of
audits
is
relatively
rare
in
Avon.
The
Town
has
not
adopted
formal
programmatic
random
audits
for
each
business
category
in
a
manner
similar
to
larger
urban
municipalities.
In
2015,
the
Finance
Department
ordered
audits
of
seven
companies
(none
of
these
audits
involved
any
Retailers
selling
Building
Materials).
Four
of
the
audits
found
that
the
Retailer
was
in
compliance.
The
other
three
audits
resulted
in
additional
tax
assessments
of
$22,549.58.
The
total
cost
of
these
audits
was
$13,919.
The
Town
has
not
conducted
any
recent
audits
of
Building
Materials
suppliers
or
contractors.
An
audit
is
the
only
administrative
procedure
that
authorizes
the
Town
to
obtain
additional
information
on
specific
retail
transactions
beyond
the
general
reporting
of
gross
retail
sales.
Information
obtained
from
audits
is
confidential,
except
that
the
Town
may
publish
statistics
if,
“so
classified
as
to
prevent
the
identification
of
particular
reports
or
returns
or
items
thereof”.5
4
AMC
3.08.170
5
AMC
3.08.200
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
10
OF
20
SECTION
II
LEGAL
SUMMARY:
This
Section
II
–
Legal
has
been
prepared
by
Eric
J.
Heil,
Avon
Town
Attorney.
Avon
Town
Council
met
on
January
12,
2016
to
review
administration
of
the
Town’s
sales
tax
on
building
projects
in
Avon.
Specifically,
Council
discussed
and
reviewed
the
application
of
the
Town’s
sales
tax
to
Building
Materials
sold
by
out-‐of-‐town
Retailers
and
delivered
in
Avon.
Several
additional
legal
questions
were
raised
at
this
meeting
which
are
addressed
in
this
Section.
The
conclusions
in
this
Section
II
-‐
Legal
are
summarized
as
follows:
• Town
staff
has
an
affirmative
duty
to
administer
and
enforce
sales
tax
as
is
legally
permissible.
• A
change
in
administrative
procedures
to
increase
sales
tax
compliance
does
not
constitute
a
tax
policy
change
requiring
advance
voter
approval
where
Town
voters
have
previously
approved
the
Town’s
authority
to
exceed
revenue
limits
set
forth
by
TABOR.
• The
legal
effect
of
enacting
“tax
exemptions”
versus
“tax
credits”
versus
“tax
rebates”
should
be
understood
because
each
results
in
different
restrictions
on
the
legislative
discretion
of
future
Town
councils.
• The
voter
rejection
of
the
referred
Use
Tax
ballot
question
in
2002
does
not
affect,
restrict
or
diminish
the
Town’s
legal
authority
to
impose
and
collect
the
sales
tax
under
the
Town’s
sales
tax
regulations
and
authority.
• The
enactment
of
any
exemption,
tax
credit
or
tax
rebate
for
Building
Materials
will
likely
have
a
financial
affect
on
the
Village
(at
Avon).
The
degree
of
financial
affect
and
potential
financial
impact
depends
upon
the
scope
of
such
exemption,
credit
or
rebate.
• The
Town
Council
has
broad
discretion
to
enact
exemptions,
credits
and
rebates
on
sales
tax
imposed
on
Building
Materials
provided
that
such
tax
relief
is
(1)
for
a
public
purpose,
(2)
does
not
discriminate
against
a
protected
class
and
(3)
does
not
discriminate
against
interstate
commerce,
thereby
violating
the
dormant
commerce
clause.
• The
Town
is
not
liable
for
refunds
of
any
past
sales
taxes
imposed
and
collected
on
Building
Materials
if
Council
adopts
legislation
to
provide
an
exemption,
credit
or
rebate
of
sales
tax
on
Building
Materials.
Specific
legal
topics
are
discussed
as
follows:
TOWN’S
DUTY
TO
ADMINISTER
AND
ENFORCE
SALES
TAX:
Chapter
3.08
–
Sales
Tax
includes
several
provisions
for
enforcement
and
administration
of
the
Town’s
sales
tax
regulations.
Section
3.08.290
–
Administration
states,
“The
administration
of
all
the
provisions
of
this
Chapter
is
vested
in
the
Director
of
Finance,
who
may,
with
the
approval
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
11
OF
20
of
the
Town
Manager,
prescribe
forms
and
reasonable
rules
and
regulations
in
conformity
with
this
Chapter
for
the
making
of
returns,
for
the
ascertainment,
assessment
and
collection
of
the
taxes
imposed
hereunder,
and
for
the
proper
administration
and
enforcement
hereof,
a
copy
of
which
forms,
rules
and
regulations
shall
be
made
available
to
the
public.”
The
Avon
Home
Rule
Charter,
Section
8.3
Powers
and
Duties,
states
the
Town
Manager’s
first
power
and
duty
as,
“(a)
be
responsible
for
the
enforcement
of
laws
and
ordinances
of
the
Town.”
The
Town
Staff,
by
and
through
the
Town
Manager,
has
a
general
affirmative
duty
to
administer
and
enforce
the
collection
of
sales
tax.
TAX
POLICY
CHANGE:
The
Taxpayer’s
Bill
of
Rights
(“TABOR”)
was
an
amendment
to
the
Colorado
constitution
adopted
in
1992
that
established
a
variety
of
circumstances
related
to
increases
in
revenue,
taxation
and
debt
that
required
prior
voter
approval.
Article
X,
Section
20(4)(a)
states
that
[D]istricts
must
have
voter
approval
in
advance
for
.
.
.
any
new
tax,
tax
rate
increase,
mill
levy
above
that
for
the
prior
year,
valuation
for
assessment
ratio
increase
for
a
property
class,
or
extension
of
an
expiring
tax,
or
a
tax
policy
change
directly
causing
a
net
tax
revenue
gain
to
any
district.
[emphasis
added].
As
outlined
in
my
memorandum
of
January
8,
2016,
the
imposition
of
the
Town’s
4%
sales
tax
on
Building
Materials
delivered
into
Avon
is
based
on
the
sales
tax
regulations
properly
adopted
by
Avon
and
pre-‐dating
TABOR.
As
such,
the
imposition
of
the
Town’s
sales
tax
is
not
a
“new
tax”
or
“tax
rate
increase”
as
legally
defined
by
TABOR.
The
Colorado
Supreme
Court
announced
in
2009
Mesa
County
Board
of
County
Commissioners
case
that
a
“tax
policy
change
directly
causing
a
net
tax
revenue
gain
to
any
district”
must
be
considered
in
conjunction
with
Subsection
(7)
of
TABOR
concerning
revenue
limits.6
Where
prior
voter
approval
has
properly
occurred
to
allow
the
District
to
collect
revenues
in
excess
of
TABOR
revenues
limits,
a
subsequent
vote
is
not
required
for
each
tax
policy
change
directly
causing
a
net
tax
revenue
gain.
“We
find
that
a
tax
policy
change
directly
causing
a
net
tax
revenue
gain
only
requires
voter
approval
when
the
revenue
gain
exceeds
the
limits
dictated
by
subsection
(7).”
7
The
Mesa
County
Board
of
County
Commissioners
involved
a
challenge
to
legislation
to
direct
school
district
funds.
In
the
Town
of
Avon,
no
legislative
action
by
Council
has
occurred
with
regard
to
the
imposition
of
sales
tax
to
Building
Materials
delivered
into
Avon.
Rather,
the
imposition
of
the
Town’s
sales
tax
has
resulted
from
changes
in
case
law
and
administrative
efforts
to
increase
compliance
and
uniformity.
TABOR
CONSIDERATIONS:
The
Taxpayer’s
Bill
of
Rights
raises
several
legal
constraints
that
Council
should
understand.
The
Town
may
legally
enact
temporary
“tax
credits,”
which
may
expire
or
may
be
repealed
and
thus
effectively
allow
the
re-‐imposition
of
the
tax
without
constituting
a
“new
tax”
or
“tax
rate
increase”
that
requires
prior
voter
approval.
Tax
credits
may
be
extended
in
the
Council’s
discretion.
The
Town
Council
may
also
enact
“tax
rebates”
whereby
the
tax
continues
to
be
imposed,
is
collected,
and
then
is
rebated
to
the
party
paying
the
tax.
Tax
rebates
are
permissible
where
Council
has
determined
that
the
primary
reason
for
the
rebate
is
a
6 Mesa
County
Board
of
County
Commissioners
v.
State,
203
P.3d
519
(Colo.2009).
7
Mesa
County
Board
of
County
Commissioners,
at
P.529.
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
12
OF
20
public
purpose.
Tax
rebates
can
be
specific
to
a
community
policy
goal
(e.g.
affordable
housing)
or
specific
to
a
project
that
is
expected
to
provide
public
benefits.
Tax
rebates
are
essentially
an
agreement
to
appropriate
an
expenditure
of
revenues
received
and
therefore
must
be
“subject
to
annual
budget
and
appropriation”
or
must
be
new
“special
project
revenues”
in
order
to
comply
with
TABOR’s
restriction
on
multi-‐year
fiscal
obligations.
Alternatively,
the
enactment
of
a
“tax
exemption”
by
ordinance
is
permanent
and
such
exemption
cannot
be
repealed
or
reversed
without
voter
approval
in
compliance
with
TABOR.
EFFECT
OF
USE
TAX
REJECTED
BY
VOTERS:
The
Avon
voters
rejected
a
Use
Tax
in
2002.
The
referred
ballot
question
was
in
the
form
required
by
TABOR
and
asked
if
Town’s
taxes
should
be
increased,
“by
the
imposition
of
a
four
percent
(4%)
use
tax
on
the
privilege
of
using
or
consuming
in
the
Town
any
construction
materials.”
As
stated
in
my
January
8,
2016,
memorandum,
sales
tax
and
use
tax
are
legally
distinct.
Each
tax
has
a
separate
legal
authority
that
authorizes
the
imposition
of
such
tax.
The
scope
of
transactions
subject
to
sales
tax
and
the
scope
of
transactions
subject
to
a
use
tax
overlaps
and
courts
have
long
recognized
that
some
transactions
are
subject
to
both
the
sales
tax
and
use
tax
authority
(but
liable
to
pay
both
sales
tax
and
use
tax).
The
2002
Use
Tax
ballot
question
did
not
in
any
manner
affect
the
Town’s
legal
authority
to
impose
a
sales
tax
on
all
transactions
legally
subject
to
the
Town’s
sales
tax,
including
the
imposition
of
the
Town’s
sales
tax
on
retail
transactions
that
occur
within
the
Town
of
Avon.
Specifically,
the
2002
Use
Tax
did
not
ask
whether
the
use
or
consumption
of
construction
materials
in
Avon
should
be
exempt
from
paying
Avon’s
sales
tax.
The
Use
Tax
Ballot
Question
referred
to
the
voters
in
2002
was
worded
as
follows:
“SHALL
THE
TOWN
OF
AVON
TAXES
BE
INCREASED
$1.6
MILLION
($1,600,000)
ANNUALLY
IN
2003,
AND
BY
WHATEVER
ADDITIONAL
AMOUNTS
ARE
RAISED
ANNUALLY
THEREAFTER,
BY
THE
IMPOSITION
OF
A
FOUR
PERCENT
(4%)
USE
TAX
ON
THE
PRIVILEGE
OF
USING
OR
CONSUMING
IN
THE
TOWN
ANY
CONSTRUCTION
MATERIALS,
SUCH
USE
TAX
REVENUES
TO
BE
APPROPRIATED
AND
SPENT
SOLELY
FOR
TRANSPORTATION
AND
RECREATION
CAPITAL
PROJECTS
AND
SERVICES
AND
INFRASTRUCTURE
RELATED
THEREO
[SIC],
ALL
IN
ACCORDANCE
WITH
ORDINANCE
NO.
02 -‐18
ADOPTED
BY
THE
TOWN
COUNCIL;
AND
SHALL
THE
REVENUES
COLLECTED
FROM
SUCH
TAX
AND
ANY
EARNINGS
FROM
THE
INVESTMENT
OF
SUCH
REVENUES
BE
COLLECTED
AND
SPENT
AS
A
VOTER
APPROVED
REVENUE
CHANGE
AND
AN
EXCEPTION
TO
THE
LIMITS
WHICH
WOULD
OTHERWISE
APPLY
UNDER
ARTICLE
X,
SECTION
20,
OF
THE
COLORADO
CONSTITUTION
OR
ANY
OTHER
LAW?”
VILLAGE
(AT
AVON):
The
Town
of
Avon
originally
entered
into
an
Annexation
and
Development
Agreement
with
the
Village
(at
Avon)
in
1998
that
included
an
agreement
to
provide
a
“Tax
Credit”
on
Town
sales
tax,
accommodations
tax
and
real
estate
transfer
tax.
The
Annexation
and
Development
Agreement
was
amended
several
times,
then
was
substantially
revised
as
part
of
settlement
of
litigation
in
2014.
The
Consolidated,
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
13
OF
20
Amended
and
Restated
Annexation
and
Development
Agreement
for
the
Village
(at
Avon)
(“Development
Agreement”)
includes
the
Town’s
agreement
to
provide
a
credit
on
sales
taxes
on
“Taxable
Transactions”.8
This
Tax
Credit
is
codified
in
the
Avon
Municipal
Code
at
Section
3.08.035.
The
Development
Agreement
establishes
a
multi-‐party
arrangement
whereby
(1)
the
Town
of
Avon
provides
a
Tax
Credit,
(2)
the
non-‐profit
Public
Improvement
Companies
impose
a
“Public
Improvement
Fee”
or
“PIF”
on
retail
transactions
and
remit
those
revenues
to
the
Traer
Creek
Metropolitan
District,
and
(3)
the
Traer
Creek
Metropolitan
District
then
issues
tax
exempt
municipal
bonds
and
constructs
public
improvements
to
serve
development
in
the
Village
(at
Avon).
The
Development
Agreement
does
restrict
the
Town’s
ability
to
take
any
action
that
would
reduce
the
Tax
Credit
on
Taxable
Transactions,
but
does
not
restrict
the
Town’s
legislative
authority
to
enact
exemptions
to
transactions
that
are
subject
to
the
Town’s
sales
tax.
The
definition
of
“Taxable
Transaction(s)”
means
a
retail
sales
transaction
that
is
subject
to
the
Town’s
sales
tax.
[Emphasis
added].
Therefore,
the
Town
may
amend
its
sales
tax
regulation
by
ordinance
to
enact
new
exemptions,
thereby
defining
certain
transactions
that
are
not
subject
to
the
Town’s
sales
tax,
which
exemptions
would
then
apply
in
the
Village
(at
Avon).
Such
action
by
the
Town
would
not
violate
the
Development
Agreement.
However,
it
is
important
to
recognize
that
any
significant
legislative
change
to
the
Town’s
sales
tax
regulations
should
be
coordinated
with
Traer
Creek
Metropolitan
District
due
to
interrelated
financial
relationship.
Council
is
encouraged
to
understand
and
consider
any
potential
negative
consequences
that
new
sales
tax
exemptions
may
have
on
the
revenue
sources
and
ability
of
Traer
Creek
Metropolitan
District
to
service
outstanding
bonds.
DISCRETION
TO
GRANT
EXEMPTIONS:
The
Town
Council
may
adopt
exemptions
which
are
specific
to
certain
transactions
or
industries
provided
that
(1)
there
is
a
public
benefit
or
purpose
to
such
exemption
and
(2)
the
exemption
does
not
violate
constitutional
considerations.
There
are
many
examples
in
the
statutory
tax
authority
for
granting
exemptions,
or
legislatively
defining
certain
transactions
that
are
not
subject
to
a
tax.
Examples
of
sales
tax
exemptions
include
application
to
public
entities,
purchases
of
food,
purchases
of
food
with
food
stamps,
and
purchases
of
medical
supplies.
The
Town’s
existing
sales
tax
regulations
exempt
“medial
supplies”
“prosthetic
devices”
and
“therapeutic
devices”
from
the
imposition
of
sales
tax.9
With
regard
to
real
estate
transfer
tax,
the
Town
provides
an
exemption
for
the
first
$160,000
when
a
property
is
purchased
for
use
as
a
primary
residence.
The
Town
Council
may
grant
an
exemption
when
it
finds
that
the
exemption
will
promote
a
public
purpose.
Council
is
acting
in
a
legislative
capacity
when
enacting
such
exemptions.
8
Sec.
4.2(a)
of
the
Development
Agreement.
9
AMC
3.08.040
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
14
OF
20
Substantial
discretion
is
granted
by
courts
to
the
Town
Council
when
acting
in
a
legislative
capacity
to
determine
what
constitutes
a
valid
public
purpose.
However,
such
legislative
discretion
is
not
without
discretion.
Legal
limits
can
be
found
in
the
following
circumstances:
1. the
true
intent
is
to
provide
a
private
benefit
(i.e.
gift)
in
violation
of
the
gift
clause
of
the
Colorado
Constitution;
2. the
exemption
violates
equal
protection
(i.e.
discriminates
based
upon
a
protected
class
–
e.g.
race,
religion,
gender,
age,
etc.);
and,
3. the
legislation
would
discriminate
against
interstate
commerce
and
violate
the
dormant
commerce
clause
(e.g.
granting
an
exemption
for
Retailers
of
Building
Materials
located
in
Eagle
County
or
in
Colorado
but
imposing
the
sales
tax
on
out-‐
of-‐state
Retailers
that
deliver
Building
Materials
to
Avon).
EXEMPTION
FOR
PUBLIC
ENTITIES:
Section
3.08.050
Exempt
Tax
Payers,
subsection
(1)
provides
a
general
exemption
from
sales
tax
for
public
entities,
but
then
states
in
subsection
(3):
“Nothing
herein
contained
shall
be
deemed
to
exempt
from
the
tax
levied
by
this
Chapter
sales
of
building
material
or
supplies
to
be
used
by
a
contractor
for
the
construction
of
an
improvement
for
any
of
the
institutions
or
agencies
enumerated
in
Subsections
(1)
or
(2)
above.”10
The
language
in
subsection
(3)
differs
from
state
statute
which
does
exempt
public
entities
from
paying
state
and
county
sales
tax
and/or
use
tax
on
construction
materials
used
in
public
projects.
Council
may
adopt
language
that
parallels
state
statute.
EXEMPTION
FOR
AFFORDABLE
HOUSING:
Council
may
adopt
an
exemption
of
sales
tax
on
Building
Materials
for
housing
projects.
The
provision
of
adequate
and
affordable
housing
has
long
been
recognized
as
a
legitimate
public
purpose
for
all
levels
of
government.
It
is
well
within
Council’s
discretion
to
adopt
an
exemption
(or
credit
or
rebate)
on
sales
tax
on
Building
Materials
for
affordable
housing
projects.
Specific
considerations
for
any
sales
tax
exemption,
credit
or
rebate
for
affordable
housing
projects
include:
• Defining
projects
eligible
for
exemption.
Such
as
deed
restricted,
public/non-‐profit
rental
projects,
or
other
housing
projects
intended
to
serve
a
housing
demand.
• Applying
the
exemption
for
all
construction
materials,
whether
purchased
from
in-‐
town
vendors
and
out-‐of-‐town
vendors
who
deliver
materials
to
Avon.
• Adopting
an
exemption
versus
a
“credit”
or
“rebate.”
A
rebate
has
the
advantage
that
it
would
help
a
purchaser
avoid
paying
sales
tax
on
Building
Materials
in
another
municipality
and
a
rebate
could
be
reduced
or
terminated
in
the
future
without
requiring
voter
approval.
LIABILITY
FOR
REFUND
IF
CODE
AMENDED:
The
question
was
asked
if
the
Town
would
be
liable
for
a
refund
to
those
who
have
paid
the
Town
sales
tax
on
Building
Materials
10
This
language
was
adopted
in
1982
by
Ordinance
No.
82-‐27
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
15
OF
20
delivered
in
the
Town
in
the
past
if
the
Town
amended
its
sales
tax
regulations
to
exempt
such
transactions.
As
stated
in
my
prior
memorandum
dated
January
8,
2016,
it
is
my
legal
opinion
that
existing
sales
tax
regulation
was
properly
adopted
and
may
be
legally
applied
to
the
sale
of
Building
Materials
when
those
retail
transactions
occur
in
Avon,
including
the
transfer
of
possession
or
title
of
such
Building
Material
by
delivery
in
Avon.
The
Town
is
not
legally
or
financially
liable
for
past
administration
and
enforcement
of
a
law,
including
a
sales
tax
regulation,
by
virtue
of
amending
or
partially
repealing
such
law
by
legislative
action.
THREE
YEAR
LIMITATION
OF
ACTIONS:
Section
3.08.330
–
Sales
tax
–
collection
–
limitation
of
actions
states
that
the
Town
may
commence
enforcement
actions
for
unpaid
sales
tax
for
up
to
three
years
after
the
date
on
which
the
tax
was
payable;
however,
when
a
Retailer
has
failed
to
file
a
return,
the
sales
tax
may
be
assessed
and
collected
at
any
time.
Section
3.08.340
–
Sales
tax
–
refunds
–
limitation
of
actions
states
that
an
application
for
refund
of
tax
moneys
paid
in
error
or
by
mistake
must
be
made
within
three
years
after
the
date
of
the
purchase.
If
there
was
a
successful
legal
challenge
the
Town’s
collection
of
sales
tax
on
Building
Materials
sold
by
out-‐of-‐town
Retailers
and
delivered
into
Town,
the
Town
could
be
liable
for
a
refund
of
all
similar
collections
for
the
preceding
three
year
period.
CHANGES
IN
FEDERAL
AND
STATE
LAW:
Federal
and
state
law
is
expected
to
continue
evolving
with
regard
to
the
imposition
of
sales
tax
on
out-‐of-‐jurisdiction
Retailers
who
deliver
goods
into
a
jurisdiction.
The
U.S.
Supreme
Court
Quill
Corp.
strongly
emphasized
that
Congress
has
a
direct
role
in
legislating
on
such
issues.
The
Market
Place
Fairness
Act
was
introduced
in
2010,
which
would
have
required
out-‐of-‐state
Retailers
to
collect
and
remit
sales
tax
on
purchases
shipped
to
residents.
The
Marketplace
Fairness
Act
(a
substantially
similar
bill)
was
introduced
in
2013
and
2015.
Although
Congress
has
not
yet
passed
legislation
requiring
on-‐line
Retailers
to
collect
and
remit
sales
tax,
several
large
internet
retailers
have
already
begun
collecting
and
remitting
sales
tax.
Amazon
recently
announced
that
it
will
collect
Colorado
state
sales
tax
after
an
on-‐going
legal
challenge
to
Colorado’s
law
to
require
consumers
to
pay
sales
tax
and
to
require
on-‐line
Retailers
to
report
sales
to
Colorado
consumers
to
the
Colorado
Department
of
Revenue.
The
national
trend
is
clearly
towards
on-‐line
Retailers
collecting
and
remitting
sales
tax
on
delivered
goods.
Any
change
in
the
national
law
to
legislate
that
sales
tax
may
be
imposed
upon
goods
that
are
delivered
(via
U.S.
mail,
common
carrier
or
any
other
method)
and/or
to
redefine
what
constitutes
“doing
business
in
a
state
or
local
jurisdiction”
will
most
likely
directly
affect
local
sales
tax
regulations.
Council
is
cautioned
to
be
mindful
of
adopting
any
permanent
exemptions
to
Avon’s
sales
tax
which
may
become
inconsistent
with
future
national
law
concerning
out-‐of-‐state
Retailers.
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
16
OF
20
SECTION
III
SUMMARY
OF
FINANCIAL
INFORMATION
Included
in
this
Section
III
–
Summary
of
Financial
Information
are
two
tables
containing
statistical
information
regarding
building
activity
and
a
discussion
regarding
credit
ratings.
Table
1.
Table
1
is
a
summary
of
sales
taxes
collected
on
Building
Materials
for
the
years
2010
through
2015.
Also
included
is
information
regarding
the
number
of
sales
tax
return
filers,
both
in-‐town
and
out-‐of-‐town,
for
each
Building
Materials
category.
In
addition,
totals
are
provided
for
both
in-‐town
and
out-‐of-‐town
Building
Materials
sales
tax
collections
and
filers.
Finally,
total
sales
tax
collections
for
all
categories
of
sales
taxes
for
both
in-‐town
and
out-‐of-‐town
are
presented.
Table
2.
Table
2
is
a
summary
of
commercial
and
residential
building
activity
including
the
number
of
permits
issued,
total
square
footage
and
value
for
commercial
construction,
and
the
number
of
dwelling
units
and
values
for
residential
construction.
Credit
Ratings.
Even
a
partial
reduction
in
the
Town’s
sales
tax
base
could
have
undesirable
consequences.
The
Town
is
proposing
to
issue
Certificates
of
Participation
for
its
portion
of
the
financing
of
the
joint
Police
/
Fire
Regional
Station
at
Buck
Creek.
In
the
past,
this
type
of
debt
has
been
rated
by
Standard
&
Poor’s
(A+)
and
Moody’s
(Aa3)
(see
attached
Exhibits
5
and
6)
due
primarily
to
the
Town’s
reserves,
consistent
financial
performance,
and
modestly-‐sized
tax
base
based
on
an
adequate
economy
supported
by
good
financial
management.
A
down-‐grade
in
these
ratings
would
undoubtedly
increase
the
interest
cost
of
the
Town’s
debt.
According
to
Moody’s
Credit
Opinion
for
the
Town
of
Avon,
page
4
states
that
both
a
“Deterioration
in
the
Town’s
financial
position”
and
“Substantial
decline
in
tax
base
size”
could
move
the
Town’s
ratings
down.
Enacting
any
sales
tax
exemption
which
is
not
common
for
Colorado
municipalities
and
which
is
viewed
as
a
material
change
to
the
Town’s
tax
base
could
adversely
affect
the
Town’s
credit
rating
from
both
Standard
and
Poor’s
and
Moody’s.
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
17
OF
20
SECTION
IV
LEGISLATIVE
OPTIONS
This
Section
IV
–
Legislative
Options
outlines
and
describes
options
for
Council
consideration
regarding
the
imposition
of
sales
tax
on
Building
Materials.
Some
of
the
options
may
be
combined
or
may
be
varied
by
Council
direction
and
community
input.
For
all
options,
it
is
assumed
that
the
effect
on
the
Town’s
budget
(either
positive
or
negative)
is
a
relevant
consideration
for
Council;
however,
it
difficult
and
somewhat
speculative
for
Town
staff
to
estimate
or
forecast
the
potential
financial
effect
of
each
option.
1. No
Legislative
Action:
Council
has
the
option
of
not
amending
Chapter
3.08
of
the
Avon
Municipal
Code.
Under
this
option,
Town
staff
would
continue
current
efforts
to
inform,
impose,
collect
and
enforce
the
Town’s
sales
tax
on
the
sale
of
Building
Materials
by
Retailers
located
outside
Avon
and
delivered
into
the
Town
of
Avon.
Town
staff
is
continuing
to
improve
and
update
the
administration,
notification
and
guidance
materials
to
facilitate
understanding
and
compliance
of
the
Town’s
sales
tax
requirements.
Direction
from
Council
would
be
appropriate
on
specific
methods
or
actions
that
would
best
accomplish
the
goal
of
improving
uniformity
and
compliance.
2. Enact
An
Exemption
on
Delivered
“Building
Materials”:
Council
may
amend
Chapter
3.08
to
expressly
exempt
the
application
of
sales
tax
on
Building
Materials
that
are
delivered
to
Avon
AND
where
the
Retailer
does
not
have
a
physical
office
presence
in
Avon.
Specific
considerations
on
the
details
of
such
an
exemption
include:
a. Should
the
definition
of
“Building
Materials”
that
qualify
for
exemption
include
only
Building
Materials
that
are
incorporated
into
the
real
estate
(e.g.
concrete,
lumber,
insulation,
drywall,
fasteners,
etc.)?
Should
the
exemption
apply
to
fixtures
(e.g.
appliances,
toilets,
sinks,
faucets,
furnace,
etc.)?
Should
the
exemption
include
the
sales
of
material
and
equipment
from
“retailer-‐
contractors”?
b. Should
an
exemption
for
delivered
“Building
Materials”
also
apply
to
out-‐of-‐town
Retailers
that
actively
advertise
within
the
Town
of
Avon
or
actively
use
sales
persons
within
the
Town
of
Avon?
(Active
advertisement
and
the
use
of
sales
persons
within
the
jurisdiction
are
facts
which
courts
have
considered
relevant
and
material
when
determining
whether
a
business
is
‘conducting
business’
within
a
jurisdiction
and
therefore
subject
to
that
jurisdictions
taxation).
c. Are
there
any
financial
consequences
to
the
Town’s
credit
rating?
d. Are
there
any
financial
consequences
to
the
Traer
Creek
Metropolitan
District’s
ability
to
service
existing
debt
and
ability
to
issue
new
debt
to
finance
the
construction
of
additional
public
improvements
in
the
Village
(at
Avon).
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
18
OF
20
e. Are
there
any
impacts
to
existing
and
future
in -‐town
Retailers
of
Building
Materials
arising
from
such
an
exemption.
f. Will
this
exemption
result
in
the
contractor
paying
sales
tax
to
another
municipality
when
the
Retailer’s
physical
location
is
in
another
municipality?
3. Enact
an
Exemption
on
all
“Building
Materials”:
Council
may
amend
Chapter
3.08
to
exempt
from
sales
tax
all
Building
Materials,
whether
purchased
from
a
Retailer
located
outside
Avon
and
delivered
into
the
Town
of
Avon
or
purchased
from
a
Retailer
located
in
Avon.
Specific
considerations
on
the
details
of
such
an
exemption
include:
a. The
general
considerations
stated
above
concerning
the
definition
of
Building
Materials;
and,
b. A
comprehensive
exemption
would
significantly
impact
Public
Improvement
Company
fee
revenue
sources
from
Home
Depot
and
other
retailer-‐vendors
in
the
Village
(at
Avon)
which
may
materially
affect
the
existing
Public
Improvement
Fee
revenue
streams
and
the
ability
of
Traer
Creek
Metropolitan
District
to
service
existing
debt
payments.
4. Enact
an
Exemption
on
all
Delivered
Materials:
Council
may
amend
Chapter
3.08
to
exempt
all
tangible
personal
property
from
Town’s
sales
tax
when
sold
by
a
Retailer
located
outside
of
Avon
but
delivered
into
the
Town
of
Avon.
Specific
considerations
on
the
details
of
such
an
exemption
include:
a. Consideration
of
marketing
activities
within
the
Town
by
out-‐of-‐town
Retailer;
and,
b. The
competitive
impact
on
existing
in-‐town
Retailers.
5. Enact
an
Exemption
for
Public
Facilities
and
Projects:
Council
may
amend
Chapter
3.08
to
exempt
the
imposition
of
sales
tax
on
Building
Materials
used
for
public
facilities
and
projects.
Such
exemption
would
simply
repeal
Section
3.08.050(3)
so
that
the
Town’s
sales
tax
regulations
are
consistent
with
the
State’s
sales
tax
regulations.
Such
an
exemption
would
apply
to
both
sales
by
in-‐town
Retailers
and
sales
by
out-‐of-‐town
Retailers
that
deliver
to
Town.
6. Enact
an
Exemption
for
Affordable
Housing
Projects:
Council
may
amend
Chapter
3.08
to
exempt
the
imposition
of
sales
tax
on
Building
Materials
for
affordable
housing
projects.
Specific
considerations
on
the
details
of
such
an
exemption
include:
a. Defining
what
qualifies
as
an
affordable
housing
project
(e.g.
deed
restriction);
and,
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
19
OF
20
b. Whether
to
apply
the
exemption
to
sales
by
both
out-‐of-‐town
and
in-‐town
Retailers.
7. Enact
a
“Credit”
or
“Rebate”
Rather
Than
Exemption:
Council
may
provide
sales
tax
relief
in
the
form
of
a
credit
or
rebate
rather
than
an
exemption.
A
“credit”
or
a
“rebate”
may
be
repealed
or
re-‐defined
in
scope
without
the
requirement
of
advance
voter
approval
as
required
by
the
Taxpayer’s
Bill
of
Rights.
A
credit
or
rebate
may
be
more
appropriate
when
granting
tax
relief
for
affordable
housing
projects
because
the
Council
retains
greater
flexibility
to
update
the
definitions
and
scope
of
the
credit
or
rebate
over
time
depending
upon
circumstances.
8. Enact
a
Temporarily
Reduced
Sales
Tax
on
Delivered
Building
Materials:
Council
may
enact
a
temporary
sales
tax
credit
or
rebate
on
delivered
building
materials
which
is
phased
out
over
time.
The
Town’s
existing
4%
sales
tax
was
originally
phased-‐in
such
that
the
sales
tax
rate
was
1%
for
the
first
year,
2%
the
second
year,
3%
the
third
year,
and
the
full
4%
commencing
on
the
fourth
year.
9. Refer
a
Use
Tax
Ballot
Question
for
Voter
Consideration:
Council
may
refer
a
ballot
question
on
Use
Tax
to
the
next
eligible
TABOR
election
on
November
8,
2016,
which,
if
approved
by
the
Avon
voters,
would
(1)
complement
the
Town’s
sales
tax,
as
widely
recognized
throughout
the
nation,
(2)
would
be
more
comprehensive
in
applying
to
all
goods
used
in
Avon
rather
than
goods
that
are
delivered
in
Avon
or
sold
in
Avon,
and
(3)
would
significantly
simplify
administration,
compliance
and
enforcement.
10. Dedicate
Sales
Tax
on
Building
Materials
to
a
Specific
Purpose:
Council
may
enact
an
ordinance
pledging
the
revenue
from
sales
tax
on
Building
Materials
to
a
specific
purpose
(e.g.
capital
improvement
projects,
affordable
housing).
Council
has
previously
enacted
an
ordinance
pledging
Real
Estate
Transfer
Tax
revenues
to
the
capital
improvement
projects
fund.
An
ordinance
adopting
a
pledge
or
earmark
of
revenues
for
an
identified
purpose
can
be
changed
by
a
future
Council
by
adoption
of
a
new
ordinance.
SALES
TAX
REPORT
ON
BUILDING
MATERIALS
February
4,
2016
PAGE
20
OF
20
SECTION
V
RECOMMENDATIONS
FOR
SALES
TAX
ADMINISTRATION
IMPROVEMENT
Town
staff
provides
the
following
recommendations
to
improve
sales
tax
administration:
1. Meet
with
New
Licensees.
Newly
licensed
contractors
would
be
required
to
meet
with
Finance
Department
representatives
prior
to
being
issued
a
building
permit
to
ensure
they
have
the
proper
business
license,
determine
whether
or
not
they
are
required
to
have
a
sales
tax
license,
and
provide
necessary
assistance
and
guidance
in
these
processes.
2. Create
and
Publish
Administrative
Guidelines.
Administrative
Guidelines
would
be
used
to
provide
more
information
and/or
guidance
on
specific
sales
tax-‐related
issues.
They
can
be
more
detailed
than
the
Municipal
Code
and
can
use
real-‐life
examples.
3. Reach-‐out
to
Potential
New
Licensees.
Conduct
periodic
informational
campaigns
to
inform
the
public
and
potential
new
businesses
about
the
Town’s
licensing
requirements.
4. Work
with
Community
Development
Department.
Coordinate
with
the
Community
Development
Department
to
identify
ways
to
ensure
compliance
with
the
Town’s
licensing
requirements.
5. Website
Improvements.
Continue
to
review
information
provided
on
the
Town’s
website
and
update
when
appropriate
to
improve
it’s
efficiency,
accessibility
and
functionality
for
users.
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 5
EXHIBIT 5
EXHIBIT 5
EXHIBIT 6
EXHIBIT 6
EXHIBIT 6
EXHIBIT 6
TABLE 1
SALES TAX COLLECTIONS RELATED TO BUILDING MATERIALS
2010 - 2015
# of # of # of # of # of # of
Building Materials NAICS Category Amount Filers Amount Filers Amount Filers Amount Filers Amount Filers Amount Filers
Other Foundation, Structure, and Building Exterior Contractors 2,273.07$ 3 2,294.76$ 4 8,398.86$ 4 9,979.07$ 4 3,379.96$ 4 32,451.13$ 8
Other Building Equipment Contractors 14,209.32 15 10,237.09 16 21,712.16 21 19,251.09 33 22,227.27 33 45,839.52 31
Other Building Finishing Contractors 1,818.96 1 2,166.79 1 2,769.98 2 3,348.02 5 46,031.75 7 37,766.96 10
All Other Specialty Trade Contractors 6,340.97 19 10,234.98 17 9,769.90 15 8,709.09 22 92,789.42 33 123,600.94 49
Lumber Merchant Wholesalers 10,393.80 1 21,542.15 2 17,054.55 2 18,983.05 4 30,510.01 4 17,517.59 4
Plumbing & Heating Equip & Supplies Merchant Wholesalers 96,715.12 4 111,142.41 3 122,178.23 3 132,259.19 5 175,269.12 6 174,362.76 5
Floor Covering Stores - 2 - 0 - 0 - 2 49,140.77 9 73,515.17 10
Window Treatment Stores - 1 - 1 - 1 1,483.69 3 1,074.50 3 - 2
Household Appliance Stores - 1 2,064.67 3 57,691.60 3 28,660.05 4 15,958.72 4 18,895.68 4
Home Centers - 2 - 2 - 2 - 2 63,902.97 3 78,357.71 4
Paint and Wallpaper Stores - 0 - 0 - 0 - 2 - 1 - 1
Other Building Material Dealers 78,621.58 12 78,444.13 16 91,737.20 14 115,155.11 17 101,512.48 14 40,803.39 11
Total Sales Tax on Building Materials 210,372.82$ 61 238,126.98$ 65 331,312.48$ 67 337,828.36$ 103 601,796.97$ 121 643,110.85$ 139
In Town vs. Out-of-Town Building Materials
In-Town 166,153.97$ 14 180,253.80$ 14 258,564.76$ 15 237,766.41$ 18 282,975.73$ 16 331,502.90$ 21
Out-of-Town 44,218.85 47 57,873.18 51 72,747.72 52 100,061.95 85 318,821.24 105 311,607.95 118
Total 210,372.82$ 61 238,126.98$ 65 331,312.48$ 67 337,828.36$ 103 601,796.97$ 121 643,110.85$ 139
In Town vs. Out-of-Town - All Categories
In-Town 4,897,186.29$ 90.59%4,838,603.47$ 88.87%5,003,178.47$ 89.58%5,698,370.34$ 89.58%6,091,583.92$ 86.19%6,533,511.26$ 86.56%
Out-of-Town 508,767.08 9.41%606,209.76 11.13%582,045.10 10.42%662,697.53 10.42%976,175.54 13.81%1,014,359.53 13.44%
Total 5,405,953.37$ 100.00%5,444,813.23$ 100.00%5,585,223.57$ 100.00%6,361,067.87$ 100.00%7,067,759.46$ 100.00%7,547,870.79$ 100.00%
Notes:
(1) In those instances where there is less than 3 filers in a category, the sales tax amounts have been added to the
category titled "Other Building Material Dealers" in order to maintain confidentiality.
201520102011201220132014
TABLE 2
COMMERCIAL AND RESIDENTIAL CONSTRUCTION
LAST TEN FISCAL YEARS
Total
Total Building
Permits Square No. of Construction
Year Issued Footage Value Units Value Value
2006 146 26,639 114,860,200$ 12 13,980,955$ 128,841,155$
2007 166 19,242 25,248,538 93 10,970,648 36,219,186
2008 145 11,416 2,525,749 15 11,165,780 13,691,529
2009 91 - 725,000 3 8,683,371 9,408,371
2010 112 16,517 3,215,036 7 9,806,550 13,021,586
2011 125 2,210 922,600 9 8,412,190 9,334,790
2012 126 54,250 11,400,000 8 2,448,500 13,848,500
2013 159 217,293 27,121,876 12 9,027,760 36,149,636
2014 156 - 1,500,000 10 13,735,900 15,235,900
2015 163 179,149 16,207,000 25 18,792,261 34,999,261
Source: Town of Avon Community Development Department
Commercial Construction Residential Construction
FISCAL YEAR 2015
FINANCIAL REPORT
February 23, 2016
______________________________________________________________________________________
1. Fiscal Year 2015 Financial Report Cover Memo
2. Sales and Accommodations Tax Reports - December 2015
3. Real Estate Transfer Tax Report and Monthly Detail – January 2016
4. General Fund Year-To-Date Expenditures - January 2016
5. Fleet Maintenance Fund Year-To Date Expenditures - January 2016
6. Transit Fund Year-To Date Expenditures - January 2016
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Kelly Huitt, Budget Analyst
Date: February 17, 2016
Re: Fiscal Year 2015/2016 Financial Report – December / January
Revenues:
SALES TAX
• Sales tax revenue for the month of December is down $62,104 or -5.09% compared to December 2014, and
down -10.06% compared to the budget. This decrease includes $52,454 from new businesses, and after
adjusting for new business growth, -9.38% is the loss in revenue from existing business for the month. Final
2015 year-to-date sales tax totals $480,337 more than 2014, and is $89,374 over the revised budget. New
businesses make up a whopping 80.63% of this total growth.
• December sales tax collections are up for Accommodations at 16.54%, Restaurants/Bars at 8.34%, Grocery
and Health stores are up 8.06%, and Home/Garden increased 5.10% compared to December 2014. However,
a few categories had major declines: Miscellaneous Retail decreased -22.34%, Other businesses are down
-22.63%, and Service Related entities declined -73.03%. The decrease in existing business growth from
Miscellaneous Retail can be partially attributed to two entities being re-categorized. The large decrease in
the Service Related category is due to wide variances in returns from interior design and architecture
businesses which were unusually high in December 2014. The Other business category is down from the
reclassification of a few businesses combined with some large construction related returns in December
2014.
2014/2015 Growth Growth
Variance Existing Business New Business
Home/Garden 3,567.17 -5.90%11.00%
Grocery, Specialty, Health 25,094.02 5.63%2.43%
Liquor Stores 554.19 1.23%0.00%
Sporting Goods Retail/Rental 3,358.03 1.99%0.00%
Miscellaneous Retail (10,823.37)-22.90%0.56%
Accommodations 28,649.17 13.18%3.37%
Restaurants/Bars 10,214.02 3.90%4.44%
Other (37,281.63)-36.04%13.41%
Service Related (85,435.13)-76.09%3.05%
Total ($62,103.53)-9.38%4.30%
Category
Sales Tax Monthly Totals - December 2015
ACCOMMODATIONS TAX
• Accommodations tax revenue for December is up $29,476, or 17.45% compared to December 2014, and up
8.36% compared to the monthly budget. Final year-to-date accommodations tax totals $137,035 more than
2014, and is $53,513 over the revised budget.
• December 2015 accommodations tax collections are up for all lodging types compared to December 2014:
Hotels are up 10.83%, Vacation Rentals increased 17.08%, and Timeshare units improved by 39.89%.
REAL ESTATE TRANSFER TAX
• 2016 real estate transfer tax collections for January equal $64,422, which is a $15,782 increase over January
2015.
Expenditures:
• General Fund expenditures through January 2016 total 11.44% of the total 2016 budget. These
expenditures include the Town’s annual insurance premium, $40,000 for the Winter Wondergrass event,
$25,000 toward the writer’s conference, and $87,110 encumbered for community grants.
• Fleet expenditures for January are at 10.13% of the total budget. These costs include blanket encumbrances
for stock parts and ongoing expenditures such as regularly purchased shop supplies and monthly copier
charges.
• Transit funds are 22.29% expended compared to the 2016 budget. These expenditures include a $135,000
encumbrance for the 2015 people mover bus purchase, as well as $176,000 for the Town’s half of the 2016
gondola operations.
Category New Business Growth Total Growth
Home/Garden 58,323.12 (25,843.52)32,479.60
Grocery, Specialty, Health 27,128.25 112,572.85 139,701.10
Liquor Stores 216.56 15,840.65 16,057.21
Sporting Goods Retail/Rental 16,462.14 50,703.56 67,165.70
Miscellaneous Retail 19,198.07 (28,623.73)(9,425.66)
Accommodations 19,868.38 108,400.30 128,268.68
Restaurants/Bars 13,218.63 63,354.37 76,573.00
Other 202,392.03 (122,212.32)80,179.71
Service Related 30,505.52 (81,167.41)(50,661.89)
Total $387,312.70 $93,024.75 $480,337.45
Sales Tax Annual Totals - 2015
TOWN OF AVON
SALES TAX
2015 Actual vs. Budget
Budget YTD Collections Budget % of change
2010 2011 2012 2013 2014 2015 2015 Variance from 2014
January 515,009.18$ 511,040.76$ 519,784.89$ 677,943.78$ 638,863.27$ 674,203$ 765,195.68$ 90,992.75$ 19.77%
February 504,752.59 532,903.25 533,546.48 636,702.27 673,722.03 710,990 788,999.06 78,009.10 17.11%
March 620,937.20 665,532.70 643,910.29 720,267.31 793,301.96 837,185 875,499.53 38,314.90 10.36%
April 309,937.09 305,269.73 304,220.84 307,407.13 381,839.56 402,962 403,560.42 598.84 5.69%
May 242,830.16 236,424.93 270,082.79 309,938.72 340,332.28 359,158 353,840.11 (5,318.15) 3.97%
June 377,920.42 406,828.27 430,588.57 490,329.18 538,517.31 568,306 570,424.51 2,118.32 5.93%
July 421,975.98 452,873.44 472,215.40 537,479.66 570,959.86 602,543 601,516.82 (1,026.53) 5.35%
August 361,702.25 419,977.29 455,439.86 504,332.25 547,085.80 577,349 572,647.57 (4,701.09) 4.67%
September 359,139.22 391,546.49 424,793.75 475,362.88 546,016.59 576,220 595,235.68 19,015.38 9.01%
October 288,859.84 299,193.35 341,711.43 356,925.96 417,921.46 441,039 423,701.53 (17,337.87) 1.38%
November 284,528.70 301,407.41 336,060.63 362,460.94 397,935.36 419,948 438,315.55 18,367.81 10.15%
December 818,360.74 921,815.61 852,868.64 981,917.79 1,221,263.98 1,288,820 1,159,160.45 (129,659.55) -5.09%
Total 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,458,723$ 7,548,096.91$ 89,373.91$ 6.80%
Actual Collections
$0
$100,000
$200,000
$300,000
$400,000
$500,000
2011 2012 2013 2014 2015
Year
Sales Tax Collections for December
TOWN OF AVON
SALES TAX
2015 Actual vs. Budget
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
2011 2012 2013 2014 2015
YTD Sales Tax Comparison January - December
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
$1,100,000
$1,200,000
$1,300,000 Sales Tax Monthly Comparison 2013-2015
2013
2014
2015
TOWN OF AVON
ACCOMMODATIONS TAX
2015 Actual vs. Budget
Actual Collections Budget YTD Collections Budget % change
2010 2011 2012 2013 2014 2015 2015 Variance 2014
January 87,938.84$ 85,233.73$ 90,118.88$ 108,508.43$ 129,851.78$ 140,746$ 164,361.04$ 23,615.12$ 26.58%
February 99,336.34 114,035.90 106,016.32 137,503.61 150,317.06 162,928 175,056.31 12,128.14 16.46%
March 105,518.15 122,145.16 115,043.42 153,208.80 168,597.39 182,742 183,650.29 908.13 8.93%
April 26,496.88 26,214.58 20,786.24 26,494.49 31,626.02 34,279 34,825.13 545.79 10.12%
May 12,425.51 15,152.82 16,664.44 24,527.17 21,961.97 23,805 28,002.56 4,198.05 27.50%
June 32,857.68 49,999.66 56,012.17 66,578.91 54,232.23 58,782 53,397.46 (5,384.68) -1.54%
July 51,170.82 62,928.07 66,726.73 73,008.92 81,083.01 87,886 86,301.22 (1,584.39) 6.44%
August 42,188.56 52,037.55 58,358.93 67,688.07 71,044.33 77,005 75,107.71 (1,897.01) 5.72%
September 30,090.34 35,521.81 42,245.24 44,661.37 50,840.16 55,105 60,417.74 5,312.26 18.84%
October 20,614.06 21,801.56 25,879.51 27,154.53 34,977.59 37,912 38,706.72 794.62 10.66%
November 20,582.47 24,971.33 22,786.42 28,171.04 32,064.02 34,754 34,328.47 (425.62) 7.06%
December 98,561.90 135,984.00 112,759.02 131,361.43 168,944.85 183,119 198,421.26 15,302.49 17.45%
Total 627,781.55$ 746,026.17$ 733,397.32$ 888,866.77$ 995,540.41$ 1,079,063$ 1,132,575.91$ 53,512.91$ 13.76%
-
25,000.00
50,000.00
75,000.00
100,000.00
125,000.00
150,000.00
175,000.00
200,000.00
2011 2012 2013 2014 2015
Accommodations Tax Collections for December
Town of Avon
Real Estate Transfer Tax
2016 Actual vs. Budget
Budget YTD Collections $ change % of change
2011 2012 2013 2014 2015 2016 2016 2015 2015
January 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 50,539$ 64,422.00$ 15,781.60$ 32.45%
February 230,705.50 41,750.07 55,872.69 562,219.70 85,479.08 186,812
March 187,099.47 84,760.49 125,927.64 50,375.06 168,744.22 118,076
April 249,482.30 219,195.80 144,437.80 197,656.36 125,266.30 179,158
May 187,668.62 270,170.12 121,784.12 183,745.60 237,971.08 191,657
June 49,606.58 169,040.47 90,309.74 220,009.15 294,434.84 157,600
July 46,707.37 71,057.40 386,434.78 141,051.52 396,838.68 199,457
August 106,785.21 232,505.93 97,579.70 154,032.32 152,380.93 142,265
September 140,876.56 96,389.34 157,010.67 267,886.92 291,223.61 182,479
October 64,005.33 176,889.62 169,839.80 178,044.24 172,855.22 145,777
November 98,057.44 150,549.86 112,491.82 122,582.66 169,328.38 124,987
December 198,448.03 145,134.57 83,382.60 1,598,062.92 175,552.42 421,193
Total 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,318,715.16$ 2,100,000$ 64,422.00$ 15,781.60$ 32.45%
Budget 2,100,000.00
Variance, Favorable (Unfavorable)(2,035,578.00)$
Actual Collections
$-
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
2012 2013 2014 2015 2016
YTD Real Estate Transfer Tax Collections
Dept./Div.2016 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
111 Mayor and Town Council 210,907$ 8,874$ 27,324$ 174,709$ 17.16%
112 Boards and Commissions 15,300 - 1,018 14,282 6.65%
113 Town Attorney 130,000 - - 130,000 0.00%
115 Town Clerk 135,636 17,465 13,578 104,593 22.89%
121 Municipal Court 124,210 - 7,185 117,025 5.78%
131 Town Manager 366,967 1,158 27,690 338,119 7.86%
133 Community Relations 149,897 10,372 6,178 133,347 11.04%
Total General Government 1,132,917 37,869 82,973 1,012,075 10.67%
Human Resources Department:
132 Human Resources 411,819 11,924 23,721 376,174 8.66%
Finance & IT Department:
141 Finance 812,834 16,325 51,892 744,617 8.39%
143 Information Systems 384,846 22,735 14,374 347,737 9.64%
149 Nondepartmental 398,813 46,114 148,231 204,468 48.73%
Total Finance & IT 1,596,493 85,174 214,497 1,296,822 18.77%
Total General Gov't Departments 3,141,229 134,967 321,191 2,685,071 14.52%
Community Development:
212 Planning 317,767 23,618 7,687 286,462 9.85%
213 Building Inspection 146,758 3,750 8,380 134,628 8.27%
214 Economic Development 40,600 5,113 - 35,487 12.59%
215 Town Produced Events 314,364 - 8,807 305,557 2.80%
216 Signature Event Seed Funding 125,000 31,500 65,000 28,500 77.20%
217 Community Grants 230,150 87,110 - 143,040 37.85%
Total Community Development 1,174,639 151,091 89,874 933,674 20.51%
Police Department:
311 Administration 658,376 27,506 37,488 593,382 9.87%
312 Patrol 2,331,166 35,174 118,881 2,177,111 6.61%
313 Investigations 263,742 - 15,052 248,690 5.71%
Total Police 3,253,284 62,680 171,421 3,019,183 7.20%
Public Works:
412 Engineering 273,664 2,626 14,497 256,541 6.26%
413 Roads and Bridges 1,612,864 90,988 64,150 1,457,726 9.62%
415 Parks 1,093,645 26,035 41,772 1,025,838 6.20%
418 Buildings & Facilities 1,109,892 164,209 34,769 910,914 17.93%
Total Public Works 4,090,065 283,858 155,188 3,651,019 10.73%
Recreation Department:
514 Administration 238,222 15,206 26,295 196,721 17.42%
515 Adult Programs 58,827 590 2,758 55,479 5.69%
516 Aquatics 427,447 10,764 21,966 394,717 7.66%
518 Fitness 132,740 - 3,316 129,424 2.50%
519 Guest Services 292,090 7,500 15,363 269,227 7.83%
521 Youth Programs 132,412 927 5,294 126,191 4.70%
Total Recreation 1,281,738 34,987 74,992 1,171,759 8.58%
TOTAL OPERATING EXPENDITURES 12,940,955$ 667,583$ 812,666$ 11,460,706 11.44%
Department Expenditure Summaries
General Fund
January 2016 Expenditures to Date
Dept./Div.2016 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,785,969$ 70,924$ 109,956$ 1,605,089$ 10.13%
Total Operating Expenditures 1,785,969 70,924 109,956 1,605,089 10.13%
TOTAL EXPENDITURES 1,785,969$ 70,924$ 109,956$ 1,605,089$ 10.13%
Expenditure Summary
Fleet Maintenance Enterprise Fund January 2016 Expenditures to Date
Dept./Div.2016 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 239,797$ 11,584$ 22,413$ 205,800$ 14.18%
432 Transit Operations 1,549,213 140,450 245,624 1,163,139 24.92%
435 Wash Bay 159,486 10,954 3,310 145,222 8.94%
Total Operating Expenditures 1,948,496 162,988 271,347 1,514,161 22.29%
TOTAL EXPENDITURES 1,948,496$ 162,988$ 271,347$ 1,514,161$ 22.29%
Expenditure Summary
Transit Enterprise Fund January 2016 Expenditures to Date
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: February 23, 2016
Agenda Topic: Town Code Requirement for Gift Reporting and Disclosure Report
The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts”
includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of
$50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall
report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the
Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of
the Town Code of Ethics.
Please find attached the Town Clerk Gift Reporting Disclosure Report for February 2016, which lists the
following:
1) Fourteen (14) 3-day VIP passes to the WinterWonderGrass Music & Brew Festival from
February 19th through February 21st
2) Two (2) single-days VIP passes to the WinterWonderGrass Music & Brew Festival on February
19th
3) One (1) general admission pass to the WinterWonderGrass Music & Brew Festival on February
19th
4) Six (6) 3-day general admission passes to the WinterWonderGrass Music & Brew Festival from
February 19th through February 21st
Town Council is not required to take any action; however, any Town Council member may request
Council consideration of a report gift to determine whether such gift constitutes a conflict of interest.
Town of Avon
Town Clerk Disclosure Report
In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30
Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule
Charter provision, ordinance or resolution adopted by the Town of Avon, I, Debbie Hoppe, Town Clerk
for Town of Avon, submit the following list of such gifts reported to be received by officers of the
Town of Avon:
1. 2016 WinterWonderGrass Music & Brew Festival VIP Passes – The Town Council received fourteen
(14) 3-day VIP passes to WinterWonderGrass from February 19th through February 21st. Each
member of the Council received two (2) passes, one provided for the purpose of reviewing the
event for production and for any future funding request, and the second provided as a gift for a
guest. Each pass is valued at $299.00.
2. 2016 WinterWonderGrass Music & Brew Festival VIP Passes – Mayor Jennie Fancher received two
(2) single-day VIP passes to WinterWonderGrass on February 19th, valued at $286.00.
3. 2016 WinterWonderGrass Music and Brew Festival General Admission Pass – Festival and Special
Events Director received one (1) single-day General Admission pass to WinterWonderGrass on
February 19th, valued at $74.00.
4. 2016 WinterWonderGrass Music & Brew Festival Three-Day Passes – A Town employee drawing
was held for six (6) 3-day general admission passes to WinterWonderGrass from February 19th
through February 21st. Three (3) Town employees were awarded passes as they were given away in
pairs. Each pass is valued at $149.00.
Submitted to the Avon Town Council on February 23, 2016.
_________________________________
Debbie Hoppe, Town Clerk