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TC Packet 09-26-2017 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 26, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 7:00 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 TOUR OF THE AVON PUBLIC SAFETY FACILITY 4:00 – 4:45 PM | 60 BUCK CREEK ROAD AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW) AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 7:00 PM (SEE SEPARATE AGENDA PAGE 4) 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. MEETING PROCEDURES FOR THE MEETING OF SEPTEMBER 26, 2017 ACTION ITEMS  PRESENTATION OF ITEM  PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME  COUNCIL DISCUSSION  MOTION  COUNCIL DISCUSSION  VOTE WORK SESSION AND PRESENTATIONS  PRESENTATION OF ITEM  COUNCIL DISCUSSION  PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME  COUNCIL DIRECTION 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA* THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME (5 MINUTES) 5. PRESENTATION 5.1. NATIONAL NIGHT OUT RECOGNITION (POLICE CHIEF GREG DALY) (15 MINUTES) 5.2. EAGLE COUNTY PROPOSED MARIJUANA BALLOT INITIATIVE (EAGLE COUNTY COMMISSIONER KATHY CHANDLER-HENRY) (15 MINUTES) 6. ACTION ITEM 6.1. PUBLIC HEARING SECOND READING OF ORDINANCE 17-08, ADOPTING A NEW CHAPTER 8.38 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING DISPOSABLE BAG REQUIREMENTS, INCLUDING A DISPOSABLE PAPER BAG FEE AND PROVIDING FOR THE COLLECTION AND DESIGNATION OF SUCH FEE (DEPUTY TOWN MANAGER PRESTON NEILL) (30 MINUTES) 7. WORK SESSION 7.1. REQUEST FROM WALKING MOUNTAINS SCIENCE CENTER FOR THE TOWN OF AVON TO SERVE AS ITS FISCAL AGENT FOR A GOCO GRANT APPLICATION (WALKING MOUNTAIN SCIENCE CENTER PRESIDENT MARKIAN FEDUSCHAK) (15 MINUTES) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 26, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 7:00 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 7.2. BUDGET WORK SESSION FOR THE FOLLOWING TOWN FUNDS: CAPITAL PROJECTS, AFFORDABLE HOUSING, COMMUNITY ENHANCEMENT, DEBT SERVICE AND WATER (ASSISTANT TOWN MANAGER SCOTT WRIGHT) (60 MINUTES) 8.ACTION ITEMS 8.1. MOTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE URBAN RENEWAL AUTHORITY (MAYOR JENNIE FANCHER) 8.2. MOTION TO RECONVENE THE REGULAR MEETING (MAYOR JENNIE FANCHER) 8.3. REVIEW AND ACTION ON THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT CONCERNING THE OWNERSHIP, OPERATION AND MAINTENANCE OF THE JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT (TOWN ATTORNEY ERIC HEIL) (30 MINUTES) 8.4. REVIEW AND ACTION TO REMOVE THE DISC GOLF COURSE FROM THE HARRY A. NOTTINGHAM PARK AND DIRECTION TO TOWN STAFF TO EVALUATE DEVELOPMENT OF A COURSE ON OTHER TOWN-OWNED PROPERTY, IF FEASIBLE (TOWN MANAGER VIRGINIA EGGER) (10 MINUTES) 8.5. REVIEW AND ACTION ON RESOLUTION 17-20 OPPOSING THE RESCISSION OF DACA (TOWN ATTORNEY ERIC HEIL) (10 MINUTES) 8.6. REVIEW AND ACTION ON INCREASING SPECIAL EVENTS FUNDING FOR THE 2017 MAN OF THE CLIFF AND BIRDS OF PREY EVENTS (TOWN MANAGER VIRGINIA EGGER) (10 MINUTES) 8.7. FIRST READING OF ORDINANCE 17-14, APPROVING A CODE TEXT AMENDMENT RELATED TO THE DEFINITION OF FAMILY (PLANNING DIRECTOR MATT PIELSTICKER) (10 MINUTES) 8.8. APPROVAL OF MINUTES FROM SEPTEMBER 12, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) 9.WRITTEN REPORTS 9.1. GIFT REPORTING – ZOPPE FAMILY CIRCUS, BEN HARPER CONCERT AND ELVIS COSTELLO CONCERT TICKETS (DEPUTY TOWN MANAGER PRESTON NEILL) 9.2. MONHTLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON) 10. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (20 MINUTES) 11.ADJOURNMENT *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 26, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 3 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. RENEWAL OF LIQUOR LICENSES 4.1. APPLICANT: PAZZO’S WEST, INC. D/B/A PAZZO’S PIZZERIA LOCATION: 82 E. BEAVER CREEK BLVD. TYPE: HOTEL AND RESTAURANT MANAGER: MARK COLWELL 4.2. APPLICANT: VAIL VALLEY MEXICAN FOODS, LLC D/B/A AGAVE LOCATION: 1060 W. BEAVER CREEK BLVD TYPE: HOTEL AND RESTAURANT MANAGER: RICHARD WHEELOCK 4.3. APPLICANT: FORK & KNIFE, INC. D/B/A BLUE PLATE LOCATION: 48 E. BEAVER CREEK BLVD. TYPE: HOTEL AND RESTAURANT LICENSE MANAGER: ADAM ROUSTOM 5. MINUTES FROM SEPTEMBER 12, 2017 6. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 26, 2017 AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 7:00 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 4 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. WORK SESSION 4.1. BUDGET WORK SESSION FOR THE 2018 URBAN RENEWAL FUND (ASSISTANT TOWN MANAGER SCOTT WRIGHT) (20 MINUTES) 5. ACTION ITEMS 5.1. APPROVAL OF JANUARY 10, 2017, URA MEETING MINUTES (AUTHORITY CLERK DEBBIE HOPPE) 6. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, SEPTEMBER 12, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Fancher called the meeting to order at 5:01 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Amy Phillips and Megan Burch. Matt Gennett arrived at 5:02 p.m. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy Police Chief Colby Cosper, Recreation Director John Curuchet, Deputy Town Manager Preston Neill and Secretary Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments were made. 4. RENEWAL OF LIQUOR LICENSES Start time: 01:03 4.1. Applicant: Dillon Companies, Inc. d/b/a City Market No. 26 Location: 0072 Beaver Creek Place Type: 3.2 % Beer Off Premises Manager: Jeff Gentilini The application was presented with no concerns. Board member Burch moved to approve the renewal application for Dillon Companies, Inc. d/b/a City Market No. 26. Board member Prince seconded the motion and it passed unanimously by those present. Board member Gennett was absent. 4.2. Applicant: Krusen, Inc. d/b/a Avon Liquors Location: 100 W. Beaver Creek Blvd. Type: Liquor Store Manager: Brian Kruse Matt Gennett arrived at 5:02 p.m. The application was presented with no concerns. Brian Kruse was present to answer any questions. Board member Burch moved to approve the renewal application for Krusen, Inc. d/b/a Avon Liqouors. Board member Phillips seconded the motion and it passed unanimously by those present. 4.3. Applicant: R&E Enterprise, Inc. d/b/a Gondola Pizza Location: 240 Chapel Place #113 Type: Hotel and Restaurant Manager: Claudiu Popa The application was presented with no concerns. Vice Chairwoman Smith Hymes moved to approve the renewal application for R&E, Enterprise, Inc. d/b/a Gondola Pizza. Board member Burch seconded the motion and it passed unanimously by those present. 5. MINUTES FROM AUGUST 22, 2017 Start time: 03:12 Board member Burch moved to approve the minutes from the August 22, 2017, Liquor Authority meeting. Board member Phillips seconded the motion and it passed with a vote of 6. Vice Chairwoman Smith Hymes abstained from the vote. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, SEPTEMBER 12, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 6. ADJOURNMENT There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the liquor meeting. The time was 5:05 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Secretary APPROVED: Jennie Fancher ______________________________________ Sarah Smith Hymes ______________________________________ Jake Wolf ______________________________________ Megan Burch ______________________________________ Matt Gennett ______________________________________ Scott Prince ______________________________________ Amy Phillips ______________________________________ TOWN COUNCIL REPORT To: Honorable Jennie Fancher and Town Council From: Greg Daly, Chief of Police Date: September 26, 2017 Agenda Topic: Recognition of Community Members/Organizations/ Businesses for Support of National Night Out For the last 11 years, the Avon Police Department has participated annually in National Night Out with the community on the first Tuesday of every August. This year, the Department continued to host the evening in four neighborhoods that included The Aspen’s Mobile Home Park, Avon Elementary School, Eaglebend Apartments and O’Neil Spur Park in Wildridge. Avon PD leads the county in the number of community parties that we host. This event is significant in continuing to strengthen relationships between the Town of Av0n, Police Department and our community. It is also an opportunity to interact with neighbors, friends and area first responders and share what is happening in the neighborhood. National Night Out was developed with an emphasis on the vital importance of police- community partnerships and citizen involvement to reduce crime and improve neighborhood safety. The Avon Police Department has been successful in our National Night Out activities because of the generous giving of local businesses and community members. This year, Chief Daly and his Team are honored to recognize several businesses and community members in front of Avon Town Council for their support and/or significant giving over the last 11 years. Many other members of the community have supported National Night Out and staff at the Avon Police Department wishes to thank them as well. Tonight we honor the following individuals and organizations- KSKE Ski Country –Jordan ‘Superman’ Lyles, Target –Corey Madsen, Margarita Chávez, Angel Caro –DJ, Sergio Jove –DJ, Antonio Pérez –DJ, Michelle Stecher (Eagle River Youth Coalition), Blue Moose Pizza, Domino’s Pizza –Clayton Donahoo, Magic Fun Castel –Juan Guillén, City Market, Blue Plate Bistro –Adam and Elli Roustom, The Aspens –Agustina Del Hoyo, Eagle River Fire Department –Station 7 and Walmart. Respectfully Submitted, Greg Daly, Chief of Police Thank you to all of our National Night Out Sponsors: 1. Linen Kist 2. Wells Fargo 3. Boxcar 4. Blue Moose 5. Dominoes 6. City Market 7. Walmart 8. Avon Chiropractor 9. Chronic Tacos 10. Blue Plate Bistro 11. US Bank 12. Mountain Man Fruit and Nut 13. Bobs Place 14. Aspens Mobile Home Park 15. Eaglebend Apartments/ Polar Star Properties 16. Christie Sports 17. Vail Valley Escape Room 18. Carrios 19. Beaver Liquors 20. Kiwi 21. Agave 22. Pinecones 23. Gondola Pizza 24. Christy Sports 25. Loaded Joes 26. Lovely Nails 27. Ticino 28. Avon Liquor 29. Nozawa 30. Pazzo’s 31. No Se Hagan Bolas 32. Fiesta Jalisco 33. Montana’s 34. Village Warehouse Wines 35. Everbank 36. Green Elephant 37. Jazzy Nails 38. Northside Kitchen 39. DJ Sergio Jove 40. DJ Antonio Pérez 41. DJ Angel Caro 42. Target 43. Lone Star Security 44. Vail Health TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger, Town Manager Date: September 26, 2017 Topic: EAGLE COUNTY PROPOSED MARIJUANA BALLOT INITIATIVE Eagle County Commissioner Kathy Chandler-Henry will be at Tuesday evening’s meeting to present the County’s November 7th Marijuana Ballot Initiative. Resolution No. 2017-060, which certifies the question to be placed before qualified voters, is attached. The ballot question, as stated in Section 2 of the Resolution, is as follows: SHALL EAGLE COUNTY TAXES BE INCREASED BY AN ESTIMATED $1,200,000 IN THE FIRST FULL FISCAL YEAR, BEGINNING JANUARY 1, 2018, AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER, WITH THE FIRST $1,200,000 RAISED EACH YEAR GOING TO FUND MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES, BY IMPOSING A TAX OF UP TO 5% IN 2018 ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, AND AN EXCISE TAX OF UP TO 5% IN 2018 OF THE AVERAGE MARKET RATE OR OTHER CALCULATION METHOD ALLOWED BY LAW OF UNPROCESSED RETAIL MARIJUANA UPON THE FIRST SALE OR TRANSFER BY A RETAIL MARIJUANA CULTIVATION FACILITY; AND SHALL THE RESULTING REVENUE BE ALLOWED TO BE COLLECTED AND SPENT BY THE COUNTY NOTWITHSTANDING ANY OTHER LIMITATIONS PROVIDED BY LAW? Commissioner 0,Priasv moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2017- 0(Q 0 A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED, QUALIFIED ELECTORS OF EAGLE COUNTY, COLORADO,A QUESTION AUTHORIZING THE LEVY OF BOTH A SALES AND EXCISE TAX OF UP TO 5% ON THE SALE AND CULTIVATION OF RETAIL MARIJUANA FOR THE PURPOSE OF FUNDING MENTAL HEALTH, SUBSTANCE ABUSE SERVICES,AND OTHER COMMUNITY NEEDS, SAID QUESTION TO BE SUBMITTED AT THE ELECTION TO BE HELD NOVEMBER 7,2017; PRESCRIBING THE FORM OF BALLOT QUESTION FOR SUBMISSION AT SAID ELECTION,AND PROVIDING FOR CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY CLERK AND RECORDER. WHEREAS, Eagle County has faced a persistent problem of having no treatment facilities or funding for mental health and substance abuse issues,which affect one in four people in any given year; and WHEREAS, for those in Eagle County needing mental health or substance abuse services the closest existing facilities are located in Grand Junction and Frisco; and WHEREAS,mental health and substance abuse issues that remain unresolved in Eagle County include: Lack of a long-term plan for county residents experiencing mental health or substance abuse crises. Lack of funding for a mental health professional at the countyjail. Fifty percent of people receiving their first formalized mental health treatment do so while incarcerated. Lack ofmental health and substance abuse facilities in the County. Lack of sufficient screening, early identification and treatment for children affected by behavioral health issues. Lack ofprograms to remove the stigma from mental health issues that cause people suffering from them to delay seeking treatment; and WHEREAS,behavioral health services -those that address mental health and substance abuse - are poorly funded in Colorado and Eagle County Government receives no state or federal funding for these services; and WHEREAS, the growth of the marijuana industry has created an opportunity to help resolve that funding and treatment problem; and WHEREAS,pursuant to Sections 30-11-107(1)(d), 29-2-114, and 29-2-115, C.R.S., the Eagle County Board of County Commissioners (hereinafter"Board") is authorized to apportion and order the levying of taxes as provided by law; and WHEREAS,the Board wishes to submit to the registered, qualified electors ofEagle County, at the general election to be held on November 7, 2017 (the"Election"), a question authorizing a retail marijuana sales and excise tax of up to 5% each for the purpose of funding mental health and substance abuse services in Eagle County; and WHEREAS,the first $1.2 million of all such taxes collected shall be used for the funding ofmental health and substance abuse services with any excess being retained in the County's General Fund for reinvestment in other community needs; and WHEREAS,in order to help the marijuana industry absorb the proposed taxes, the collection rate will be set at 2.5% in 2018 and will increase .5% each year thereafter until the 5% limit is achieved, thereby providing 6 years to phase in the new tax rate; and WHEREAS,ifapproved, a significant portion of the resulting tax revenue- $1.2 million dedicated minimum- would be immediately used to create programs for prevention of mental illness and treatment of substance abuse issues; and WHEREAS, longer term the vision calls for creation of an in-county facility; and WHEREAS, such dedicated dollars will only be spent following a recommendation from a community advisory board consisting of those with expertise in behavioral health services; and WHEREAS,recent polling shows that seventy-eight percent(78%) of voters indicated they would support the taxation of retail marijuana to fund mental health and substance abuse services; and WHEREAS,Article X, Section 20 of the Colorado Constitution requires voter approval for, among other things, any new tax, tax rate increase, and for collecting, retaining and expending certain moneys above established limits; and WHEREAS,this election shall be conducted by the Eagle County Clerk and Recorder in accordance with the"Uniform Election Code of 1992,"Articles 1 to 13 of Title 1, C.R.S. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. Certification of Question to Clerk and Recorder for Election. The following question is hereby certified to the Eagle County Clerk and Recorder and shall be presented at the election to be held on Tuesday,November 7, 2017. Notices required by Article X, Section 20 of the Colorado Constitution shall be provided by the Clerk and Recorder. Section 2. Form of Ballot Question. At the Election there shall be submitted to a vote of the registered qualified electors of the County the following title and question: lA - FUNDING TO SUPPORT MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES IN EAGLE COUNTY THROUGH THE TAXATION OF RETAIL MARIJUANA. SHALL EAGLE COUNTY TAXES BE INCREASED BY AN ESTIMATED $1,200,000 IN THE FIRST FULL FISCAL YEAR, BEGINNING JANUARY 1, 2018, AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER, WITH THE FIRST $1,200,000 RAISED EACH YEAR GOING TO FUND MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES, BY IMPOSING A TAX OF UP TO 5% IN 2018 ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, AND AN EXCISE TAX OF UP TO 5% IN 2018 OF THE AVERAGE MARKET RATE OR OTHER CALCULATION METHOD ALLOWED BY LAW OF UNPROCESSED RETAIL MARIJUANA UPON THE FIRST SALE OR TRANSFER BY A RETAIL MARIJUANA CULTIVATION FACILITY; AND SHALL THE RESULTING REVENUE BE ALLOWED TO BE COLLECTED AND SPENT BY THE COUNTY NOTWITHSTANDING ANY OTHER LIMITATIONS PROVIDED BY LAW? YES/FOR NO/AGAINST" Section 3. Severability. If any part, section,paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section,paragraph, clause, or provision shall not affect the remaining sections,paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. Section 4. Actions. The officers and employees of Eagle County are authorized and directed to take all actions necessary or appropriate to effectuate the provisions of this Resolution. MOVED,READ AND ADOPTED by the Board of County Commissioners ofthe County of Eagle, State of Colorado, at its regular meeting held the F.1`L day of September, 2017. E cob COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By: er is the Board of Jil ' n Ryan ounty Commissioners Ch.'r t 4 01 Kathy C ¶i dler-Henry Commissioner fr) ra/U anne McQueeneyc -- Commissioner Commissioner W c:t ut.aL' , seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Ryan A-t.M Commissioner Chandler-Henry Commissioner McQueeney w This Resolution passed by I D vote of the Board of County Commissioners of the County of Eagle, State of Colorado TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Date: September 26, 2017 Topic: Public Hearing Second Reading of Ordinance 17-08, Adopting a New Chapter 8.38 of Title 8 of the Avon Municipal Code Establishing Disposable Bag Requirements, including a Disposable Paper Bag Fee and providing for the Collection and Designation of such Fee ACTION BEFORE COUNCIL: Before Council is a Public Hearing and action on Second Reading of Ordinance 17-08, adopting a new Chapter 8.38 of Title 8 of the Avon Municipal Code establishing disposable bag requirements, including a disposable paper bag fee and providing for the collection and designation of such fee. SUMMARY OF FIRST READING: At the September 12, 2017, Council meeting, Council approved First Reading of Ordinance 17-08 with the following modifications: • Amend the Ordinance to reflect an effective date of May 1, 2018. • Amend the Ordinance to reflect that a ban on plastic bags and a disposable paper bag fee shall apply to all retailers, including but not limited to grocery stores, on May 1, 2018. • Amend the Ordinance to reflect that retailers shall impose a $0.10 fee on each paper bag consumed at the point of sale, but the entirety of the revenue collected from the fee will remain with the retailers and no portion shall be remitted to the Town. Ordinance 17-08, included as Attachment 1, has been amended to include the changes listed above. For a complete description of the elements of the Ordinance prior to Council action at First Reading, please refer to the September 12, 2017, Council packet. LEGAL REVIEW: The Town Attorney has reviewed Council’s direction on First Reading to impose a fee but allow retention of 100% of the fee by the retailers. This is an unusual approach and we are not aware of any communities which have imposed a fee and then permitted retailers to retain all the proceeds of the fee. In order for the fee to be legitimate and defensible, it must be for a valid public purpose. In order for retailers to retain the fee, each will likely need to sign an agreement with the Town stating that the fee will be used for the purposes stated in the Ordinance and agreeing to maintain records of the imposition, collection and expenditure of the fee. The purposes include: • Provide educational information to customers about the Disposable Paper Bag Fee. • Train staff in the implementation and administration of the Disposable Paper Bag Fee. • Improve or alter infrastructure to allow for the administration, collection, implementation, and reporting of the Disposable Paper Bag Fee. OPTIONS: Options for Council consideration are outlined as follows: • Approve Ordinance 17-08, as presented • Approve Ordinance 17-08, modifying the Ordinance to reflect that the revenue from the $0.10 fee on single-use paper carryout bags shall be split with the Town (e.g., 50/50 or 80/20) • Approve Ordinance 17-08, modifying the Ordinance to require a financial contribution from the Town’s “major” retailers toward a “waste reduction education campaign.” • Do not approve Ordinance 17-08 PROPOSED MOTION: “I move to approve [with or without modifications] Second Reading of Ordinance 17-08, thereby adopting a new Chapter 8.38 of Title 8 of the Avon Municipal Code establishing disposable bag requirements, including a disposable paper bag fee and providing for the collection and designation of such fee.” BACKGROUND: Climate Action Plan and Strategic Plan This proposed Ordinance stems from the Climate Action Plan for the Eagle County Community (CAP), as well as the Town of Avon 2017-2019 Strategic Plan (Strategic Plan). The Council adopted the CAP on December 13, 2016, and followed that up with approval of an Implementation Schedule for the CAP on March 28, 2017. The Implementation Schedule details a “Reduce use of single use shopping bags county-wide” program and recommends a one (1) year timeframe for implementation. The Strategic Plan, adopted on July 25, 2017, details a “Tier 1 Priority” to “Consider legislation to end the use of plastic bags and non-compostable take-out containers by retailers and restaurants in the Town of Avon.” Single-Use Shopping Bags The use of single-use shopping bags has severe environmental impacts on a local and global scale, including greenhouse gas emissions, litter, harm to wildlife, atmospheric acidification, water consumption and solid waste generation. A single-use shopping bag means any bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale for the purpose of transporting goods and is not a multiple use bag that is made of cloth, fiber or other machine washable fabrics that is at least 2.25 mil thick and has a minimum life of over 75 uses and can carry over 18 pounds. Numerous communities across the world and the nation, in order to reduce waste, reduce carbon emissions, protect wildlife and ensure that the natural environment is improved, have enacted legislation to reduce the use of single-use shopping bags. Please refer to the May 9, 2017, Council packet to see a table that describes elimination and reduction strategies that have been adopted by various communities in Colorado. Also in that packet is a list of states that have enacted state legislation to reduce the use of plastic bags, as well as a list of countries that have enacted some form of plastic bag ban or restriction. Current Litigation Colorado Union of Taxpayers Foundation v. City of Aspen – The Colorado Union of Taxpayers Foundation has filed a lawsuit against the City of Aspen claiming that a bag free charge is a tax and, therefore, subject to TABOR, and a public vote to enact. Town Attorney Eric Heil has reviewed the status of the lawsuit and writes: “Both Trial Court and Appellate Court held that the “bag fee” was a fee and not tax because it was for a specific purpose and service where the fee imposed was related to the service to be provided and the revenues did not go into general fund revenues…Certiorari was granted by the Supreme Court. Oral arguments were heard by the Supreme Court on June 7, 2017. A decision by the Supreme Court can be expected before the end of 2017. CML filed an Amicus Brief (friend of the court) to support the holding that it is a fee, not a tax…As it bears on Avon, as of today, a bag fee is legal. The Supreme Court could uphold or overturn this holding before the end of the year, so there is some risk that if Avon adopts the ordinance now it could be overturned any day.” OUTREACH: Avon City Market and Avon Walmart Statistics Jeff Gentilini, the store manager of the Avon City Market, estimates that 80% of his store’s patrons use plastic bags at the point of sale, while 10% use paper bags, and the other 10% use reusable bags. When asked how many plastic bags the Avon City Market goes through in a single year, Mr. Gentilini responded that the store goes through approximately 4,000 plastic bags per day, which amounts to approximately 1.46 million plastic bags per year. Sam Pothier, the store manager of the Avon Walmart, estimates that 90% of his store’s patrons use plastic bags at the point of sale, while 10% use reusable bags. They do not offer paper bags. When asked how many plastic bags the Avon Walmart goes through in a single year, Mr. Pothier responded that the store goes through approximately 30,000 plastic bags per week, which amounts to approximately 1.6 million plastic bags per year. Town of Vail’s Kick the Bag Habit Program Enacted by the Vail Town Council in March 2015, the first phase of Vail’s “Kick the Bag Habit” program, which applies to grocery stores only, has been in effect since August 2015. Between August 2015 and June 2017, the Vail City Market issued at the point of sale an average of 14,121 paper bags per month, while the Vail Safeway issued at the point of sale an average of 14,582 paper bags per month. Reusable Bags If Council has interest in allocating money in the 2018 Budget for the purpose of developing and providing to the public Town of Avon reusable bags, direction is requested at Tuesday’s meeting. There are a plethora of websites that sell customizable reusable bags. Prices for customizable reusable bags on these websites range from $0.53 per bag to $2.15 per bag, depending on size, quality and material. In addition to allocating all or part of the $0.10 bag fee, the Town could solicit sponsorships to help cover the cost of developing the reusable bags. According to Kristen Bertuglia, the Town of Vail’s environmental sustainability manager, in preparation for the first phase of their “Kick the Bag Habit” program, the Town of Vail spent approximately $30,000 to have 30,000 reusable bags made. The bags were given out for free leading up to the effective date of the first phase of the program. The least expensive reusable bag sold at the Avon City Market is $0.99, while the cheapest reusable bag sold at the Avon Walmart is $0.50. Hotel Room Laundry Bags At the May 9, 2017, work session, Council provided direction to staff to conduct research on hotel room laundry/dry cleaning bags and whether any local governments have enacted legislation prohibiting hotels from offering laundry/dry cleaning bags made of plastic to their guests. Staff has not found any examples of this. Staff spoke with representatives of several hotels in Avon and the following comments about laundry/dry cleaning bags were offered: Christie Lodge The Christie Lodge does not provide laundry bags to guests. Comfort Inn The Comfort Inn’s laundry bags are made of plastic and used infrequently. Falcon Point Resort Falcon Point does not offer laundry bags to guests. Sheraton Mountain Vista The Sheraton provides plastic laundry bags to guests but they are used infrequently. Westin Riverfront Resort The Westin provides plastic laundry bags to guests but they are used infrequently. TOWN OUTREACH Informational Letters On June 22, 2017, a letter was emailed to a list of 425 business email addresses provided by the Avon Finance Department. The letter was also hand delivered to a number of Avon retailers on June 30, 2017. The letter, included as Attachment 2, provided information about the proposed Ordinance and how to submit written comments. The letter also indicated that First Reading of the Ordinance would be on July 25, 2017. Subsequently, it was decided that First Reading would be postponed until the September 12, 2017, Council meeting in order to provide for more time for staff to conduct outreach and collect public input. On August 16, 2017, another letter was emailed to the same list of business email addresses. The letter, included as Attachment 3, detailed information about two public forums to give business representatives and members of the public the opportunity to learn more about the Plastic Bag and Polystyrene Reduction Initiatives. The letter also described the process for submitting comment on the proposed Ordinances. Public Forums At the July 11, 2017, Council meeting, Council provided direction to staff to hold two public forums for the purpose of presenting information about the Plastic Bag Reduction Ordinance, as well as the Polystyrene Reduction Ordinance. Public forums were held on August 31 and September 6, 2017, in the Green Room of the Avon Performance Pavilion. A handout, included as Attachment 4, was prepared and distributed to those in attendance at both forums. At the August 31 public forum, there were nine members of the public and three Council members in attendance. Comments from the forum related to the Plastic Bag Reduction Ordinance included, but were not limited to, the following: • Split the bag fee 50/50 with the retailer. • Retailers will resist the ban if they not only have to pay for more expensive bags, but then turn the fee over to the Town. • Consider an education campaign rather than an ordinance/ban to reduce the use of single- use bags. • Don't have any portion of the bag fee turned over to the Town. • Use one implementation date for both grocers and retailers. • Having grocery stores charge a fee for the bags/take out containers would shift the cost to the consumer and heighten awareness. At the September 6 public forum, there were seven members of the public and two Council members in attendance. Comments from the forum related to the Plastic Bag Reduction Ordinance included, but were not limited to, the following: • This should be voluntary, not a mandate. • The Avon City Market and Avon Walmart will lose business if this Ordinance passes as presented. • There is concern about loss of Town sales tax revenue in the event that folks decide to not shop at Avon grocery stores or patronize Avon retail establishments as a result of this Ordinance. • The implementation and administration of the $0.10 fee on paper bags seems cumbersome. • An incentive approach is more appealing than a ban. Press Releases The Town submitted a press release on August 22, 2017, that aimed to provide information about the public forums for the Plastic Bag and Polystyrene Reduction Ordinances. In addition, the press release detailed information about the September 12, 2017, first reading date. Another press release was issued on September 8, 2017, serving as a reminder about first reading of both proposed Ordinances. Website, Social Media and Newspaper Ads All information about proposed Ordinance 17-08 has been made available on the Town’s website at www.avon.org/engage. Staff has submitted several posts about the proposed Ordinance on the Town’s social media accounts. Information about the Plastic Bag Reduction Ordinance was also included in the Town’s bi-weekly Town News ad on the following dates: • May 8, 2017 • July 11, 2017 • July 24, 2017 • August 7, 2017 • August 21, 2017 • September 11, 2017 • September 25, 2017 Grocery Store Outreach Town staff toted a large board with information about the Plastic Bag Reduction Initiative at the entrances to the Avon City Market and Avon Walmart on the following dates from 5:00 to 6:00 p.m.: • July 7, 2017 | City Market • July 13, 2017 | City Market • July 14, 2017 | City Market • July 19, 2017 | City Market • August 3, 2017 | City Market • August 10, 2017 | City Market • August 14, 2017 | City Market • September 7, 2017 | Walmart • September 8, 2017 | Walmart The purpose was to make City Market and Walmart patrons aware of the initiative and encourage them to provide input to the Town Council. In speaking with grocery store patrons, staff heard arguments for and against the proposed Ordinance. Comments for enacting the proposed Ordinance centered on climate action, waste reduction, and reducing greenhouse gas emissions and the overall impact to the environment. Comments against enacting the proposed Ordinance included the following: • The proposed fee is a tax and should be subject to a vote of the people. • Most people reuse the plastic bags by repurposing them as trash bags or for dog waste retrieval. • The $0.10 fee on paper bags is an unnecessary incentive as more and more folks are using reusable bags. • A ban on plastic bags is too extreme. Incentivize grocery stores and other retailers by offering a sales tax rebate if they elect to do away with offering plastic bags. PUBLIC COMMENTS: Written comments from members of the public on Ordinance 17-08 have been compiled and are included as Attachment 5. ATTACHMENTS: Attachment 1: Ordinance 17-08 Attachment 2: Letter to Businesses dated July 1, 2017 Attachment 3: Letter to Businesses dated August 16, 2017 Attachment 4: Public Forum Handout Attachment 5: Public Comments Ord 17-08 SECOND READING – September 26, 2017 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE 17-08 ADOPTING A NEW CHAPTER 8.38 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING DISPOSABLE BAG REQUIREMENTS, INCLUDING A DISPOSABLE PAPER BAG FEE AND PROVIDING FOR THE COLLECTION AND DESIGNATION OF SUCH FEE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's Home Rule Charter; and WHEREAS, the Town has a duty to protect the natural environment, the economy and health of its citizens and guests and the Town is committed to environmental protection and stewardship; and WHEREAS, reducing the use of disposable bags has a positive impact on the local environment of the Town, including reducing the potential for pollution in the environment, greenhouse gas emissions, litter, harm to wildlife, water consumption, energy consumption and solid waste generation; and WHEREAS, through the adoption of the Town of Avon 2017-2019 Strategic Plan, the Avon Town Council has made it a priority to consider legislation to end the use of plastic bags in the Town of Avon; and WHEREAS, through the adoption of the Climate Action Plan for the Eagle County Community, the Town aspires to work with other community stakeholders to reduce the community’s overall greenhouse gas emissions by 25 percent by 2025, and by a minimum of 80 percent by 2015; and WHEREAS, diverting plastic waste from the landfill is a cost effective and efficient ways of reducing greenhouse gas emissions resulting from energy and petroleum products used in processing; and WHEREAS, the Town Council believes that the best alternative to the continued use of disposable bags is to promote the use of more durable, reusable bags; and WHEREAS, the Town Council finds and determines that prohibiting disposable plastic bags and requiring a charge for the use of disposable paper bags at grocers and other retailers would help address the environmental and health problems associated with such use, would relieve Town taxpayers of the costs incurred by the Town in conjunction therewith, and would be in the best interest of the public health, safety and welfare. ATTACHMENT 1 Ord 17-08 SECOND READING – September 26, 2017 Page 2 of 3 NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Addition of Section 8.38 to Title 8 of the Avon Municipal Code. Title 8 of the Avon Municipal Code is hereby amended by the addition of a new Chapter 8.38, to read as set forth in Exhibit A: Addition of Section 8.38 to Title 8 of the Avon Municipal Code, attached hereto. Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, 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 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall ATTACHMENT 1 Ord 17-08 SECOND READING – September 26, 2017 Page 3 of 3 be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. 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 September 12, 2017 and setting such public hearing for September 26, 2017 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 September 26, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT 1 Page 1 of 3 EXHIBIT A: ADDITION OF CHAPTER 8.38 TO TITLE 8 OF THE AVON MUNICIPAL CODE CHAPTER 8.38 DISPOSABLE BAG REQUIREMENTS Section 8.38.010 Purpose and intent. Section 8.38.020 Definitions. Section 8.38.030 Restrictions on the distribution of disposable bags. Section 8.38.040 Disposable paper bag fee program. Section 8.38.050 Retention and administration of disposable paper bag fee. Section 8.38.060 Exemptions. Section 8.38.070 Audits. Section 8.38.080 Violations and penalties. 8.38.010 PURPOSE AND INTENT. The purposes of this Chapter are to protect the public health, safety and welfare, to address the environmental problems associated with disposable bags, and to relieve the Town taxpayers of the costs imposed upon the Town associated with disposable bags. The intent of the Chapter is to encourage the use of reusable bags. 8.38.020 DEFINITIONS. For the purposes of this chapter, the following terms shall have the following meanings: DISPOSABLE PAPER BAG: a bag made predominately of paper that is provided to a customer by a Grocer at the point of sale for the purpose of transporting goods. DISPOSABLE PAPER BAG FEE: a Town fee of ten cents ($0.10) imposed and required to be paid by each consumer making a purchase from a Town Retailer for each disposable paper bag used during the purchase. DISPOSABLE PLASTIC BAG: a bag made from either non-compostable plastic or compostable plastic provided by a business to a customer at the point of sale for the purpose of transporting goods. The term "Disposable Plastic Bag" does not include: 1. Bags provided by pharmacists to contain prescription drugs; 2. Newspaper bags, door hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags; 3. Reusable Bags; 4. Disposable Paper Bags; or 5. Bags used by consumers inside stores to: a. Package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; b. Contain or wrap frozen foods, meat, or fish, regardless of whether the items are prepackaged; c. Contain or wrap flowers, potted plants, or other items where dampness may be a problem; or d. Contain unwrapped prepared foods or bakery goods. Page 2 of 3 RETAILER: means any person, corporation, partnership, business, facility, vendor, organization or individual that sells or provides merchandise, goods or materials, including, without limitation, clothing, food, or personal items of any kind, directly to a customer. “Retailer” includes, without limitation, any department store, grocery store, hardware store, pharmacy, liquor store, restaurant, catering truck, convenience store, and any other retail store or vendor. REUSABLE BAG: a bag that: 1. Is designed and manufactured to withstand repeated uses over a period of time; 2. Is made from a material that can be cleaned and disinfected regularly; 3. Is at least two and one-fourth (2.25) mils thick if made from plastic; and 4. Has the capability of carrying a minimum of eighteen (18) pounds. 8.38.030 RESTRICTIONS ON THE DISTRIBUTION OF DISPOSABLE BAGS. A. Effective May 1, 2018, all Retailers shall only offer either a Reusable Bag or a Disposable Paper Bag to a consumer pursuant to the fees established in section 8.38.050 of this chapter. B. Effective May 1, 2018, it shall be unlawful for any Retailer to provide Disposable Plastic bags to customers at any point of sale. Nothing in this section shall prohibit persons or Grocers from making reusable bags available to customers for sale or without cost. C. Violations of this Section shall subject the offending person and/or business to the penalties set forth in section 8.38.080 of this chapter. 8.38.040 DISPOSABLE PAPER BAG FEE PROGRAM. A. Effective May 1, 2018, a consumer making a purchase from a Retailer shall pay at the time of purchase a Disposable Paper Bag Fee of ten cents ($0.10) for each Disposable Paper Bag used during a purchase. B. Retailers shall record the number of disposable paper bags provided to any given customer and the total amount of the Disposable Paper Bag Fee charged to the customer on the customer transaction receipt. C. No Retailer may provide a rebate or in any way reimburse a customer for any part of the Disposable Paper Bag Fee. D. No Retailer may exempt a customer from any part of the Disposable Paper Bag Fee for any reason except as provided in section 8.38.060 of this chapter. E. Nothing in this Chapter shall prohibit Retailers from providing incentives for the use of reusable bags through credits or rebates for customers who bring their own bags to the point of sale for the purpose of carrying away goods. F. Nothing in this Chapter shall prohibit customers from using bags of any type that the customers bring into the store or from carrying away goods purchased by such customers that are not placed in a bag. G. Any store or business in the Town may voluntarily opt to participate in the Disposable Paper Bag Fee program, prior to the effective date, by providing notice to the Town of Avon and collecting the Disposable Paper Bag Fee pursuant to this Chapter. 8.38.050 RETENTION AND ADMINISTRATION OF DISPOSABLE PAPER BAG FEE. Page 3 of 3 A. Upon the effective date, each Retailer may retain one hundred percent (100%) of the Disposable Paper Bag Fee as a collection expense (“Vendor Fee”). B. Any Vendor Fee retained by a Retailer shall be used to: 1. Provide educational information to customers about the Disposable Paper Bag Fee; 2. Train staff in the implementation and administration of the Disposable Paper Bag Fee; and 3. Improve or alter infrastructure to allow for the administration, collection, implementation, and reporting of the Disposable Paper Bag Fee. C. The Town shall provide the necessary forms for Retailers to file individual returns with the Town separate from the Town's sales tax forms to demonstrate compliance with the Disposable Paper Bag Fee. 8.38.060 EXEMPTIONS. A. A Retailer may provide a Disposable Paper Bag to a customer with no fee if the customer provides proof that he or she is a participant in a federal or state Food Assistance Program. B. A retail liquor store, as defined in Colorado Revised Statutes section 12-47-103(31), may provide a Disposable Paper Bag to a customer with no fee if the Disposable Paper Bag is provided for the containment of carry-out alcoholic beverages as defined in Colorado Revised Statutes section 12-47-103(2). 8.38.070 AUDITS. A. Each Retailer shall maintain accurate and complete records of the Disposable Paper Bag Fees collected under the provisions of this Chapter and the number of Disposable Paper Bags provided to customers, and shall also maintain such books, accounts, invoices, or other documentation necessary to verify the accuracy and completeness of such records. It shall be the duty of each Retailer to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records. B. If requested, each Retailer shall make the foregoing records available for inspection and audit by the Town during regular business hours so that the Town may verify compliance with the provisions of this Chapter. To the extent permitted by law, all such records shall be treated as confidential commercial information. 8.38.080 VIOLATIONS AND PENALTIES. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY July 1, 2017 ATTENTION AVON RETAILERS NOTICE OF FIRST READING OF A PROPOSED ORDINANCE PROHIBITING RETAILERS FROM PROVIDING PLASTIC BAGS AT THE POINT OF SALE Dear Avon Retailer: The Avon Town Council is proposing the adoption of a new ordinance that would enact a ban on certain disposable plastic bags and require a charge of ten cents for the use of disposable paper bags. As a business potentially affected by the ban, you are encouraged to learn about the program. We understand that you may have concerns and questions about the impact of this new program to your business. The Town urges you to encourage your customers to shop with machine washable, reusable bags. It is important to the Town Council that you are aware of the proposal and have the opportunity to become informed of the changes and participate in the discussion. The following information is intended to meet those objectives. Information on the Town Council’s first review of the ordinance on July 25, 2017, is provided at the end of this memo, including how to provide your comments. Thank you, The Town of Avon ____________________________________________________________________ PROJECT SUMMARY: The proposed ordinance would prohibit retailers from providing disposable plastic carryout shopping bags to consumers and require retailers to charge a fee of ten cents for the use of disposable paper bags. A phased approach is proposed, with the first phase applying to grocery stores only, and second phase applying to all other retailers. Some of the elements included in the proposed ordinance are as follows:  Effective January 1, 2018, all grocers shall only offer either a reusable bag or a disposable paper bag to a consumer. Effective January 1, 2018, it shall be unlawful for any grocer to provide disposable plastic bags to customers at any point of sale.  Effective January 1, 2019, all other retailers shall only offer either a reusable bag or a disposable paper bag to a consumer. Effective January 1, 2019, it shall be unlawful for any retailer to provide disposable plastic bags to customers at any point of sale.  Consumers making a purchase shall pay at the time of purchase a disposable paper bag fee of ten cents ($0.10) for each disposable paper bag used during a purchase.  For the first twelve (12) months following the effective date of the disposable paper bag fee, each retailer may retain twenty percent (20%) of the disposable paper bag fee as a collection and remittance expense to be taken as a credit against the disposable paper bag fee due to the Town. Thereafter the entirety of all collected disposable bag fees shall be remitted to the Town.  Retailers that refuse or neglect to comply with the regulations within the ordinance shall be subject penalties.  Exemptions apply to bags such as newspaper bags, laundry-dry cleaning bags, produce bags, and more. To see the proposed ordinance in its entirety, go to www.avon.org/engage. BACKGROUND: The Town Council adopted the Climate Action Plan for the Eagle County Community (CAP) in December 2016, and followed that up with approval of an Implementation Schedule for the CAP in March 2017. The Implementation Schedule details a “Reduce use of single use shopping bags county-wide” program and recommends a one (1) year timeframe for implementation. In addition, the Town Council adopted the Town of Avon 2017-2018 Strategic Plan Update in February 2017, which identifies a “Tier 1” priority to “Consider legislation to end the use plastic bags…by retailers and restaurants in the Town of Avon.” The use of disposable plastic carryout shopping bags has severe environmental impacts on a local and global scale, including greenhouse gas emissions, litter, harm to wildlife, and solid waste generation. The purpose of the ordinance is to reduce plastic waste by eliminating unnecessary disposable plastic shopping bags and achieve the Town’s environmental objectives. JULY 25, 2017 FIRST READING: First reading of the ordinance is scheduled for July 25, 2017, at 5:00 p.m. in the Town Council Chambers at Town Hall, 1 Lake Street, Avon, Colorado. PUBLIC COMMENT: The Town Council will take public comment at first reading of the ordinance on July 25, 2017. Written comments may also be submitted prior to July 24, 2017, at 5:00 pm. Comments should be emailed to Debbie Hoppe, Town Clerk, at dhoppe@avon.org. All submitted comments will be included in the public record and will be reviewed by the Town Council. If you have questions, please contact Preston Neill, Executive Assistant to the Town Manager, at pneill@avon.org or (970)748-4404. More information on this initiative is available at www.avon.org/engage. Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY August 16, 2017 Dear Avon Retailer: As you may already be aware, the Avon Town Council is proposing the adoption of two new ordinances. The first would enact a ban on certain disposable plastic bags and require a charge of ten cents for the use of disposable paper bags. The second would prohibit food vendors from using polystyrene-based disposable food service ware (polystyrene food containers). As a business potentially affected by these prohibitions, you are encouraged to learn about these proposed ordinances. First reading of both proposed ordinances are scheduled for action at the regular September 12, 2017, Town Council Meeting. If Council passes one or both of the ordinances at the meeting, the public hearing for second reading can be anticipated to be heard at the September 26, 2017, Town Council Meeting. It is important to the Town Council that you are aware of the proposals and have the opportunity to become informed of the changes and participate in the discussion. To meet this objective, the Town of Avon will be holding two public forums to give business representatives and members of the public the opportunity to learn more about the plastic bag and polystyrene reduction initiatives. Each forum will begin with a presentation, followed by a Q&A. The public forums are scheduled as follows: All information about the two ordinances can be found on the Town’s website at www.avon.org/engage. How to provide comment on the proposed ordinances:  Attend and speak at the September 12th Council Meeting. The agenda will be posted online on Friday, September 8, 2017, at www.avon.org/councilpacket.  Email comments to Town Clerk Debbie Hoppe at dhoppe@avon.org. If you have any questions, please feel welcome to email pneill@avon.org or call (970)748-4404. Thank you, Preston Neill Deputy Town Manager Town of Avon NOTICE OF PUBLIC FORUMS FOR PLASTIC BAG AND POLYSTYRENE REDUCTION ORDINANCES ATTENTION AVON RETAILERS THURSDAY, AUGUST 31, 2017 AVON PERFORMANCE PAVILION GREEN ROOM 2:00 P.M. WEDNESDAY, SEPTEMBER 6, 2017 AVON PERFORMANCE PAVILION GREEN ROOM 2:00 P.M. AGENDA 1. WELCOME 2. OVERVIEW OF PLASTIC BAG REDUCTION ORDINANCE 3. QUESTIONS AND COMMENTS 4. OVERVIEW OF POLYSTYRENE REDUCTION ORDINANCE 5. QUESTIONS AND COMMENTS 6. REMINDER: FIRST READING OF BOTH ORDINANCES IS SEPTEMBER 12, 2017 PLASTIC BAG REDUCTION ORDINANCE WHAT IS BEING PROPOSED? Similar to what the Town of Vail did in 2015, the Avon Town Council is proposing the adoption of a new ordinance that would enact a ban on single-use disposable plastic carryout bags at the point of sale, and require a fee of $0.10 be applied to single-use paper carryout bags. A phased approach is proposed, with the first phase applying to grocery stores only, and second phase applying to all other retailers. Key Elements of the Disposable Paper Bag Fee Program:  A consumer making a purchase from a grocer or retailer shall pay at the time of purchase a Disposable Paper Bag Fee of $0.10 for each disposable paper bag used during a purchase.  Grocers and retailers shall record the number of disposable paper bags provided to any given customer and the total amount of the Disposable Paper Bag Fee charged to the customer on the customer transaction receipt.  No grocer or retailer may exempt a customer from any part of the Disposable Paper Bag Fee for any reason.  For the first 12 months following the effective date of the Disposable Paper Bag Fee, each grocer and retailer may retain 20% of the Disposable Paper Bag Fee as a Vendor Fee to be taken as a credit against the Disposable Paper Bag Fee due to the Town. Thereafter, the entirety of all collected Disposable Bag Fees shall be remitted to the Town.  The remaining portion of the Disposable Paper Bag Fee shall be paid to the Town and shall be deposited as revenue in a designated waste reduction and reusable line item within the Town's budget for uses that include, but are not limited to:  Producing and providing reusable bags to Town residents and guests;  Educating Town residents, businesses and guests about the impacts of waste on the Town's environmental health, the importance of reducing the number of disposable bags entering the waste stream, and the impact of disposable bags on the Town's waterways and the environment; and  Creating public educational campaigns to raise awareness about waste reduction and recycling.  Grocers and retailers shall pay and the Town shall collect the Disposable Paper Bag Fee at the same time and pursuant to all applicable provisions of the Town's sales tax code, and consistent with all applicable sales tax provisions regarding sales tax administration, collection and enforcement. The Town shall provide the necessary forms for grocers and retailers to file individual returns with the Town separate from the Town's sales tax forms to demonstrate compliance with the Disposable Paper Bag Fee.  Retailers that refuse or neglect to comply with the regulations within the ordinance shall be subject to penalties. IF PASSED, WHEN WOULD IT GO INTO EFFECT? The Town recognizes that this ordinance would enact several significant changes for grocers and retailers. The Town is interested in allowing for an adequate amount of time for grocery stores and other retailers to adjust to and implement these changes. The first phase, which would apply to grocery stores only, would go into effect on April 1, 2018. Effective April 1, 2018, all grocers shall only offer either a reusable bag or a disposable paper bag to a consumer and it shall be unlawful for any grocer to provide disposable plastic bags to customers at any point of sale. The second phase, which would apply to all other retailers, would go into effect on April 1, 2019. Effective April 1, 2019, all other retailers shall only offer either a reusable bag or a disposable paper bag to a consumer and it shall be unlawful for any retailer to provide disposable plastic bags to customers at any point of sale. Any store or business in the Town may voluntarily opt to participate in the Disposable Paper Bag Fee program prior to their respective effective date, by providing notice to the Town of Avon and collecting the Disposable Paper Bag Fee pursuant to this Chapter. WHY IS IT BEING PROPOSED? The Town Council adopted the Climate Action Plan for the Eagle County Community (CAP) in December 2016, and followed that up with approval of an Implementation Schedule for the CAP in March 2017. The Implementation Schedule details a “Reduce use of single use shopping bags county-wide” program and recommends a one (1) year timeframe for implementation. In addition, the Town Council adopted the Town of Avon 2017-2019 Strategic Plan (Strategic Plan) in July 2017, which identifies a “Tier 1” priority to “Consider legislation to end the use plastic bags…by retailers and restaurants in the Town of Avon.” Through the adoption of the CAP and approval of an implementation plan to meet the objectives of the CAP, the Town has become recognized as a leader in its commitment to addressing climate change at the local level. The use of disposable plastic carryout shopping bags has severe environmental impacts on a local and global scale, including greenhouse gas emissions, litter, harm to wildlife, and solid waste generation. The purpose of the ordinance is to reduce plastic waste by eliminating unnecessary disposable plastic shopping bags and achieve the Town’s environmental objectives. PUBLIC FORUM PLASTIC BAG AND POLYSTYRENE REDUCTION ORDINANCES August 31, 2017 REUSABLE BAGS The Town urges grocers and retailers to encourage their customers to shop with machine washable, reusable bags. To aid the transition process and pending Town Council approval of the ordinance, the Town plans to budget approximately $30,000 in FY2018 for the purpose of designing and producing Town of Avon reusable bags to give out for free in the time leading up to the April 1, 2018, effective date. The $30,000 allocation is subject to Town Council approval during the adoption of the 2018 Town Budget, currently scheduled for October 24, 2017. POLYSTYRENE REDUCTION ORDINANCE WHAT IS BEING PROPOSED? The Avon Town Council is proposing the adoption of a new ordinance that would prohibit food vendors from using polystyrene- based disposable food service ware (polystyrene food containers). The proposed ordinance would prohibit food vendors within the Town of Avon from using polystyrene-based disposable food service ware when providing prepared food. Prepared food means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared. Food vendor is defined as any vendor, business, organization, entity, group or individual, including licensed retail food establishments, that provides prepared food at a retail level. This includes all types of food establishments, full service restaurants as well as fast food restaurants. Food vendors would be prohibited from using disposable food service ware, including but not limited to plates, cups, bowls, trays and hinged or lidded containers, also known as clamshells, that are polystyrene-based. This does not include straws, utensils, or cup lids nor does it include disposable packaging for unprepared foods. The proposed ordinance does not affect prepackaged foods, meaning any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer. The proposed Ordinance defines polystyrene-based as follows: ± Polystyrene-based means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and process by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term “polystyrene” also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene (EPS)), and clear or solid polystyrene known as oriented polystyrene. A food vendor may seek an exemption of up to one year if the requirements of this proposed ordinance would cause undue hardship. The guidelines for hardship would include: ± Situations unique to the food vendor where a suitable alternative does not exist for a specific application; or ± Situations where no reasonable feasible available alternative exists to a specific and necessary container prohibited by this proposed Ordinance Retailers that refuse or neglect to comply with the regulations within the ordinance shall be subject to penalties. IF PASSED, WHEN WOULD IT GO INTO EFFECT? The Town recognizes that this ordinance would enact several significant changes for restaurants. The Town is interested in allowing for an adequate amount of time for restaurants to adjust to and implement these changes. Town staff has proposed making April 1, 2018, the effective date for this ordinance. WHY IS IT BEING PROPOSED? The adopted CAP reflects a strong commitment to reduce the community’s greenhouse gas (GHG) emissions. The CAP also includes details on programs, projects and policies that can be undertaken to reduce GHG emissions. One of the recommended policies, located in the “Waste and Landfill” section of Appendix A of the CAP, is identified as “Packaging policies, get rid of Styrofoam.” In addition, the adopted Strategic Plan includes a “Tier 1” priority to “Consider legislation to end the use of plastic bags and non- compostable take-out containers by retailers and restaurants in the Town of Avon.” Polystyrene foam is a common pollutant and a threat to natural ecosystems that fragments into smaller, non-biodegradable pieces that are difficult to clean up, as they are lightweight and easily blown into streets and waterways. The litter also has the potential to harm marine life and other wildlife. A large portion of the conventional single-serve food service ware used today is made from expanded polystyrene foam, which is derived from petroleum. It takes a long time for polystyrene-based disposable food service ware to deteriorate in the environment or a landfill. In addition, it is usually heavily contaminated with food residue after it is used, making it difficult to recycle. Efforts to recycle used polystyrene-based food service ware have not been successful because the costs of recycling it outweigh its market value as a recycled product. Consequently, most curbside recycling programs do not accept it. ALTERNATIVE CONTAINERS Alternatives to polystyrene-based disposable food service ware that are less harmful to the environment include reusable containers and compostable items made from sugarcane, potato starch, paper, and corn-based plastic. These alternatives may sometimes be purchased at competitive prices, but are typically 2 to 4 times more expensive per unit compared to EPS products. Food vendors can offset these costs by improving efficiency and reducing waste overall. Another way for food vendors to recoup these costs would be for them to impose a “take-out fee” on their customers. Exhibit 1 provides a price comparison between various food service ware products made of polystyrene and ones made out of compostable/ biodegradable materials. Well-performing compostable food ware is available from a variety of manufacturers, typically through vendors that offer a wide array of food service products. Exhibit 2 provides a list of vendors that sell recyclable and compostable food service ware. If the proposed ordinance is enacted, the list could help Avon food vendors that are not currently in compliance with the proposed ordinance. UPCOMING SCHEDULE AND HOW TO PROVIDE COMMENT First reading of both proposed ordinances are scheduled for action at the regular September 12, 2017, Town Council Meeting. If Council passes one or both of the ordinances at the meeting, the public hearing for second reading can be anticipated to be heard at the September 26, 2017, Town Council Meeting. To provide comment on the proposed ordinance:  Attend and speak at the September 12th Council Meeting. The agenda will be posted online on Friday, September 8, 2017, at www.avon.org/councilpacket.  Email comments to Town Clerk Debbie Hoppe at dhoppe@avon.org. All information about the two ordinances can be found on the Town’s website at www.avon.org/engage. From: Brad Zoller [mailto:bradzoller@gmail.com] Sent: Thursday, May 11, 2017 9:50 AM To: Avon Council Web Subject: plastic bags idea Here's an idea for plastic bag reduction: Charge a 5 cent fee/tax/whatever at the store so we reduce them rather than eliminate them. I think this would keep us from upsetting tourists. It would also not use paper bags (which use many more natural resources). Having a 5 cent charge per bag will significantly reduce the impact on the environment. Sincerely, Brad Zoller From: Marty Golembiewski [mailto:martygolembiewski@hotmail.com] Sent: Friday, July 14, 2017 11:12 AM To: Avon Council Web Subject: Styrofoam ban - support As a Town of Avon Resident I completely support a Styrofoam ban. I also support a plastic bag ban. I feel it is our responsibility to do everything possible to protect the natural beauty of our area and environment. Thank you, Marty Golembiewski From: Frank & Eve [mailto:fjbntx@aol.com] Sent: Thursday, July 20, 2017 9:47 AM To: Avon Council Web Subject: Plastic Bag Ban Since I haven’t seen any opposition to your bag ban, I am sending a copy of the letter (below) that I sent to Vail Council prior to their ban to give you a different perspective. Of course it was largely ignored! Since I don’t live in Avon the ban won’t affect me much but I do enjoy shopping at the Avon City Market when in the area. It’s ironic that the much maligned, big bad Walmart is the store that provides adequate and handy recycle bins for recycling all types of plastic bags. Note that City Market has never been in any way opposed to the bans in Aspen, Breck, Vail or Avon. Think there might be some economic advantages in bans, i.e. no plastic bags to buy, and sell foreign made reusable bags and paper bags for a profit. It would seem that the stores ultimately requiring a need for the bags could be held responsible for recycling them along with their case wrap and pallet wrap Frank Barborek October 20, 2014 To Town of Vail Council, Tomorrow evening you will listen to Vail resident's and TOV staff recommendations on adopting a ban on plastic grocery bags. As most of the governments that banned bags have done, the people for the bans have spoken the loudest. They have used perceptions, feelings, myths, and innuendoes to persuade, rather than use proven facts and data. My wife and I have been full time residents of Vail for 14 years. We have been avid recyclers for over 25 years and strongly believe in that. I am not anti-government. Before moving to Vail I worked in the chemicals and plastics industry, almost entirely in plastics, for 35 years. During that time I worked on plastics applications development, customer service, marketing and business management. For most of the plastics you see in grocery stores, I have had some involvement either by working with it directly, managing a group working on it, or managing a business. I actually managed a group working with International Paper to develop a plastic grocery bag in the late 70's. We also worked with which at the time was the largest paper merchandise bag producer to convert from paper to plastic. With that, you probably think that I have a bias toward plastic bags. Not so. I have no financial interests in plastic or bag businesses. What I am biased to is that important decisions be made using facts and data rather than perceptions and feelings and incorrect information. I have followed the bans and ban proposals from throughout the country. I have just reread both Vail’s proposed ordinance and the 'white paper' that supposedly justified the Town's recommendations. In all cases I have concluded that they started with the goal of a ban and then found support for that without considering and fully understanding all the options. The TOV has essentially followed the trend of other cities. Should the TOV even be involved? Government should not be involved in these issues unless there are significant and compelling threats to the environment, health, or safety, or in some cases economic issues. None of the reasons given for a ban meet that standard. Although I usually don't put much value on surveys, 55 % in the TOV survey said that there was no interest in bag bans or they were neutral. So I represent the 55% majority that thought this was not important. The town hall meeting mentioned in the white paper, again directed toward a ban, said that of 100 that were in attendance, only 45 signed up for follow up indicating their interest in a ban. Neither of these sounds like a mandate to ban bags, especially when all the resources have been directed to a ban rather than putting all the options and issues before the citizens. Before passing a law like this each option should be analyzed with pros and cons of each. Where is the environmental impact analysis? Where are the economics? What is the carbon footprint of each option? What are the real problems with plastic bags Polluting our stream, killing wildlife, toxicity, bags in trees and along the highways are some terms used to stir up ban proponents. I watch for this and do not see ANY significant amount of bags around. Where is the data? What are the facts that support a ban? Health and safety issues with a ban When we were working with IP on a grocery bag (called a sack at that time), the plastic prototype bags were too expensive (heavy) so IP took some to major grocery chains for possible use as reusable bags. Their response was "we don't want customers bringing bags into our stores because they bring in all kinds of contamination to our counters". Potential for theft was another reason given. Some studies have shown that there are harmful bacteria in many bags tested and even with washing are difficult to remove. Even if there were no harmful bacteria present, the reusable bags can be just nasty, considering where they may be placed. (see references below) Those that use reusable bags today are probably conscientious enough that they may keep their bags clean and maybe wash them some. Banning bags and requiring everyone to bring their bag will exponentially increase the likelihood of serious problems. Plastic bags are produced at 450 degrees F and are sterile and do not present a contamination issue. Made offshore versus Made in the USA In following the ban issue for many years, I have closely watched and found that almost all reusable bags are made outside the US. HDPE plastic grocery bags are all made in the US from US produced natural gas as feedstock (about 90%) and the rest from byproduct of the oil refining process. Government interfering with free market economics Grocery bags have always been a cost or overhead to a grocer (or merchant). By banning plastic bags you are shifting the cost burden directly to the customer. They are then forced to purchase a reusable bag at a price that produces a profit margin for the merchant. Is there any wonder why the grocery stores are not against a ban and do not enter into these discussions? Recycling TOV has made an extensive effort to increase recycling of most materials but has essentially ignored plastic bags as an opportunity for recycling. Reusable bags are made of mostly polypropylene, PET, or cotton. What happens when these bags get torn, the handles tear or they get too dirty? There is no recycle stream for them so they probably go to the dump. Plastic bags are recyclable although they present a challenge because of their light weight. A recycle stream is already available through taking them back to the grocery store. Back hauling by the grocer to the warehouse costs virtually nothing. With sufficient volume, recyclers would be glad to pick up the baled bags for their value. There is potential for recycling other bags and film such as case wrap, bundling films, produce bags, etc. By removing the large volume grocery bag from this stream, it assures that these bags will not have sufficient volumes for a recycle stream. Very little effort has been made to promote recycling of plastic bags and films. The City of San Antonio has begun accepting plastic bags stuffed into a bag to the size of a soccer ball and include it in their regular recycle steam. The plastic bags are compatible to be recycled with other HDPE products such as milk, detergent, and bleach bottles. In summary: -The analysis and recommendations in the ordinance are made with banning bags as the initial goal rather looking at all options -Reusable bags will bring contamination and potential health issues into our grocery stores and are virtually impossible to properly sanitize -Reusable bags are made offshore whereas plastic bags are made in the US from US raw materials -Reusable bags have no recycle stream -Reusable bags shift the costs directly to the consumer and create a profit center for the merchant -Banning plastic grocery bags eliminates the potential to recycle other bags and film -No sufficient and creditable data or facts exist to justify banning plastic bags -Recycle streams are available for plastic bags With all due respect to town staff, based on the above issues, I think banning plastic grocery bags is government over-reach and creates more problems that it solves. A letter in the Vail Daily lists the cities that have banned bags and exhorts the TOV to be a leader and do what these cities have done. It seems to me that's a follower. A true leader would look deeper at all the options and perform their own analysis of what is best! The ordinance should not be adopted. I will be glad to discuss this issue with anyone. Thanks for listening. Frank Barborek 970-479-1044 Vail Comments on Plastic Bag Reduction Initiative Dear Avon Town Council: Avon, Colorado July 23, 2017 You are considering a ban on certain disposable plastic bags and requiring a charge of ten cents for the use of disposable paper bags, with our grocery stores up first. We believe that although some people feel strongly that this Initiative is needed and is the right thing to do, we would like to point out some arguments why we believe this Initiative is the wrong thing to do. We have been involved with many town, highway and bike path cleanups for the past 20 years. We do pick up plastic (grocery) bags when we encounter them. However they are infrequently encountered; their existence does not cry out for a ban. Tissues, cigarettes, wrappers comprise much of the trash. Plastic grocery bags are reused, repurposed and recycled. The bags are the right size for most home trash cans and are reused for that purpose. The recycling containers at City Market and Walmart are always filled, thus proving people are recycling. Removing these bags would require the outright purchase of brand new bags off the shelf for home use. How does a bag for a bag make any sense? Those of us who live here visit City Market or Walmart probably 3 or 4 times per week. The existing system works for us. The markets have invested real dollars in the rotary bag holders which are efficient, scaled to the self-check weight requirements, and fill quickly by the manual packers. Why change a system that is efficient, mastered by we resident customers and replace it with a clumsy, inefficient and time wasting system. Plastic bags have built in handles; paper bags do not. Picture trying to walk out of City Market with a likely maximum of two paper bags, one in each arm and pressed to your chest. Think about your last shopping trip and how you momentarily switched the plastic bags from one hand to the other so you could get your car keys out of your pocket or purse. Now think further on how you did this in the winter. We also think a ban on plastic bags will disproportionately affect older people, people with balance problems and those who walk to the store. Seriously consider the plight of those shoppers walking one-half mile or more trying to balance paper bags in their arms. The impact of this Initiative will have a chilling effect on the multitude of tourist/out-of-town shoppers. It is a daunting task to shop for items in an unfamiliar store, especially one that is often very crowded, with narrow aisles. It is unfair to impose on them one more barrier when it comes time to check out. They would not have brought along reusable bags, they are struggling with the credit card machines, and now have to make more non-productive decisions on how to get their purchases to their car. Think of how you would feel and the resulting ill will and negative views of Avon will seem justified. All of us who live and work here, go out of our way to put our best foot forward and be welcoming and helpful to our guests. We know the Town Council feels the same way and that view has driven many a decision over the years. Do we seriously want to jeopardize that approach and its success by implementing this Initiative? Please think of the consequences of this action. Groceries sometimes leak: produce often sweats, meat packaging often drips, think leaky milk or juice cartons, eggs that break and other grocery packaging malfunctions. We have personally experienced this. Plastic bags contain and trap these common events. Paper gets wet and tears; and reusable bags must be cleaned and should be sanitized after every use. Do we use another produce-type bag to double wrap? We have all been warned of the dangers of contaminated food and possible bacteria in reusable bags seem like an invitation to disaster. Just what we need in headlines: Tourists choose not to visit Avon because of fear of food poisoning from shopping at its only two supermarkets. One well publicized event would trigger this perception…just ask Chipotle. Are you willing to take that risk? We think that very few people in Avon support this Initiative. Most that we have talked to are first of all unaware of its existence (it hasn’t received front page attention, yet) do not support it but may not comment. There is a feeling among Avon people that we know, that Council “has their mind made up and it doesn’t do any good to speak up”. Also people who live in Edwards, Eagle-Vail and unincorporated Eagle County shop here in Avon and don’t have a voice. But they will be similarly negatively affected. You should exercise some duty to out of Avon shoppers, who have no voice but are paying sales taxes, supporting Avon. It is entirely possible that a small minority of activists (Avon residents?) are indeed behind this Initiative. Similar bans have been instituted in Aspen, Vail and Breckenridge (probably more, we don’t know). There is a common belief that plastic bags are washing up on the Pacific coast shores; that banning plastic bags here in Avon somehow counters this issue and “that every little bit helps”. We submit that those activists and people who sympathize with their views already have a choice: they can refuse to accept the free plastic bags at the stores, and bring their own reusable bags and/or paper bags. Nothing is stopping them from doing their own “every little bit helps” contribution. It is usually unwise policy to submit to the wishes of a small, but vocal and outspoken minority and have them dominate the majority, especially when the minority can already take positive actions into their own hands to achieve their personal objectives. They are not being harmed. We would expect that you will receive many more supportive comments than negative because of the likely source of this Initiative’s conception. In conclusion we ask that you think of the many unintended consequences of this Initiative, and do not inconvenience thousands of shopper/visits every week, all for little practical gain, other than saying we don’t want to be outdone by Aspen and Vail. That’s not what we elected you to do. Do things for us and our guests; not to us. Sincerely, Norma and Charles Carter From: Deb McBride [mailto:debmcb789@outlook.com] Sent: Wednesday, August 23, 2017 9:20 AM To: Debbie Hoppe Subject: proposed shopping bag ordinance While I understand the reason for attempting to decrease the number of shopping bags in the landfill, I use the bags as trash bags. If this occurs I will need to buy bags for trash which will in turn end up in the land fill. What is the difference? Deborah McBride Sent from Mail for Windows 10 -----Original Message----- From: sydge65@icloud.com [mailto:sydge65@icloud.com] Sent: Monday, September 11, 2017 10:42 AM To: Debbie Hoppe Subject: Proposed plastic bag reduction ordinance This proposed legislation has underlying (flawed) assumptions: 1. The public does not reuse plastic bags 2. The public does not recycle plastic bags As the owner of a dog and a cat, I use these bags daily to dispose of their waste. Like everyone else I know, I use these bags to line the smaller waste baskets in my home. On an average week, I reuse 12-15 of these bags. For these daily uses, a reusable shopping bag is not an option. If plastic bags are banned, I will be forced to purchase bags for these specific purposes. Let's think that through: Pet waste and trash bags are created for single use. The effort and resources to produce, transport and dispose of those bags all goes into utilizing the bag ONE time. As for recycling the plastic bags, I see overflowing containers at City Market each time I shop there. For sure, more of the bags could and should be recycled. Instead of legislation, regulation and enforcement of yet another new law, an incentive program to change habits should be considered. More carrot, less stick. Local businesses do not need more regulation and taxation. The costs to the businesses get passed right along to their customers and the cost of living in Eagle County already borders on prohibitive. Please consider offering incentives not penalties. We do not need another layer of costly government dictating our daily activities. A few incentive ideas: - Offer free admission to local events by bringing a certain number of plastic bags for recycling. - Offer a reduction to local taxes if a certain amount is recycled in a year. - Partner with local businesses. Businesses provide gift certificates or discounts for anyone who brings in a certain amount of bags to recycle. - Partner with Vail Resorts to offer free or discounted parking, food, lift tickets or services to those who bring in bags for recycling. - Give attractive and durable reusable bags to those who bring in a certain amount to be recycled. Notice that these suggestions all approach the situation in a positive way (more carrot) as opposed to the negative (stick) approach of taxation. Certainly the fine citizens of this community will have additional creative ideas. The costs of managing these incentive programs would certainly be less than creating new regulations and their enforcement. Thank you for considering these suggestions. Thoughtfully and respectfully submitted, Kimberly Edgar Edwards, CO From: Mike Spaniola [mailto:mspaniola@copper.net] Sent: Monday, September 11, 2017 2:02 PM To: Debbie Hoppe Subject: NO on plastic bag ban To the Town of Avon officials and councilors: Plastic bags are a great convenience and are sanitary to use as well. The town(s) already have hefty sales taxes, and who is most affected by this? The very same working class that some on the council claim to support. How hypocritical. Nonetheless, from CMC to city councils, too many local officials put a nonsensical global agenda above local concerns and people. Many people of this mindset simply won't know what they have until it's gone and are also nearly impossible to engage in meaningful dialogue. Power for the sake of power, as Orwell noted, is tyranny. Sadly, many people who favor nationwide bag bans are little more than fascists, working with companies to establish autocratic rule that produces more money only for the elitist ruling class. Many of these same people also support "by any means necessary" political protests policies. Yet these same people would rail against the same tactics if, for example, they were harassed at home or while in a restaurant trying to enjoy a meal with family or friends. So, to the open- and civic-minded members of the council, don't be a part of this Marxist-promoted insanity, this anti-social behavior and hateful disregard of citizenry. It is a Third World practice, and we are the beacon on the shining hill. Reject the plastic bag ban in total. Thank you. Mike Spaniola -----Original Message----- From: Mark P. Midas [mailto:midasp@myway.com] Sent: Monday, September 11, 2017 2:37 PM To: Debbie Hoppe Subject: Keep plastic bags legal, duh! Instead of banning plastic bags and charging hard working residents for paper ones, deduct 10 cents per hour from all Town of Avon payroll checks. Be sure to include all those plush bonuses and perks that your top officials get and all employee benefits, too. Stop the madness, you morons! From: Nancy [mailto:klumbt@comcast.net] Sent: Monday, September 11, 2017 2:50 PM To: Debbie Hoppe Subject: Strongly OPPOSED to proposed ban on plastic bags and polystyrene foam To Whom It may Concern: Regarding public comment, we are strongly opposed to implementing this ban. It is an irritant to say the least, a huge inconvenience to our vacationers and bad for business.We are a resort community and the inconvenience (and nickel and diming our visitors) is simply poor form. When I am on vacation I do not travel with re-usable bags. We should be doing everything we can to encourage travel to our community - not discourage it. Our entire business structure depends on tourism. Secondly, as a full time resident, I bring my own bags because it is convenient to do so. I live in Edwards and have a choice of where to grocery shop. The Eagle City Market is newly remodeled and only about 5 minutes farther from my home. Should this ban go into place, traveling to Eagle will be even more appealing in case I buy more groceries than my bags can contain. PLEASE VOTE NO on the Ban Tom and Nancy Klumb From: Jon Sheppard <jonsheppard62@comcast.net> Subject: sept 14 Date: September 14, 2017 at 10:20:14 AM MDT To: Jennie Fancher <jfancher@avon.org> Hello Lady J and greetings from not to far away. I am very very much opposed to the bag ban here. I don’t think the ban helps much of anything. Anyway if it passes now I have go out and buy some ‘real’ bags to carry my stuff. cheers, jon From: Brad Zoller [mailto:bradzoller@gmail.com] Sent: Thursday, September 14, 2017 2:17 PM To: Debbie Hoppe Subject: Plastic bag ordinance Please don't ban plastic bags. I hate them, but paper bags are just as bad. Our retailers depend on tourists and how many of tourists will pack their grocery bags when they come here on vacation? Reduce, Reuse, Recycle. That's a familiar motto in order of priority. Let's start reducing by charging for BOTH plastic and paper. This will encourage people to bring their own bags. (NOT banning) Sincerely, Brad Zoller From: Mary Griesedieck [mailto:msper4@gmail.com] Sent: Thursday, September 07, 2017 8:10 PM To: Debbie Hoppe Subject: Plastic bag use in Avon I am definitely in favor of stopping the use of plastic bags in Avon as I care about the environment and they often end up in rivers,creeks and eventually,oceans. Other areas,including Vail and Aspen have passed the ordinance,and it is about time Avon did too! Mary Griesedieck Arrowhead home owner PLEASE NOTE MY NEW EMAIL ADDRESS: msper4@gmail.com From: Kristi Steed [mailto:kikisteed8@gmail.com] Sent: Sunday, September 10, 2017 2:52 PM To: Debbie Hoppe Subject: Plastic Bag Ban Please ban plastic bags and polystyrene foam to go containers. We must take responsibility now for the health our planet before it is too late. Thank you, Kristi Steed 2140 Saddleridge Loop #2 Avon -----Original Message----- From: campbell.nicole970@gmail.com [mailto:campbell.nicole970@gmail.com] Sent: Sunday, September 10, 2017 6:54 PM To: Debbie Hoppe Subject: Avon plastic bag ban As a home owner and resident of Avon, I fully support the plastic bag ban. We live in a community that shows how's much there is to loose from climate change and pollution. Our household fully supports any measure to help prevent waste and pollution. Nicole Campbell Sent from iPhone From: Dawn Richter [mailto:dawn@richterfineartphotography.com] Sent: Monday, September 11, 2017 12:46 PM To: Debbie Hoppe Subject: Plastic Ban Hello Debbie, I am in support of banning plastic bags and polystyrene foam from food service. In this day and age it is so obvious and important that we need to do more to take on climate change. As individuals and as a community we can do better. There is absolutely no need to use these when there are so many healthier alternatives. The next step is to ban plastic water bottles. Our children are counting on us! -- Dawn Richter www.richterfineartphotography.com Richter Fine Art Photography 225 Wall Street Vail, CO 81657 970.476.4507 Gallery 970.708.1114 Cell From: CC [mailto:coloradocorrie@yahoo.com] Sent: Monday, September 11, 2017 5:25 PM To: Debbie Hoppe; Preston Neill Subject: I support plastic ban and styrofoam ban for Avon From: Isabela Rose [mailto:isabelasrose@gmail.com] Sent: Monday, September 11, 2017 5:26 PM To: Preston Neill Subject: Support plastic bag and styroform ban Having lived in the valley for over 8 years, I unconditionally support the ban for plastic bags and styroform. There are other great solutions and the people that live in this valley are amazing. Thanks, From: zippyskippy@gmail.com [mailto:zippyskippy@gmail.com] On Behalf Of Chad Steele Sent: Monday, September 11, 2017 5:48 PM To: Debbie Hoppe; Preston Neill Subject: ban plastic bags in avon Hello Avon City Council, Let's lead Colorado in by joining this list of progressive cities to ban the use of plastic bags. Austin, Cambridge, Mass., Chicago, Los Angeles, San Francisco, Seattle more... http://www.surfrider.org/pages/plastic-bag-bans-fees I believe it will ultimately help tourism because people will ultimately respect and remember "responsible" legislation. Being leaders in this movement will give us free worldwide marketing. We all know how terrible plastic bags are for the environment—they choke wildlife, they don't break down in landfills (or in oceans), they add to our demand for oil, and they aren't easy to recycle, which is the biggest reason why 90 percent of plastic bags in the U.S. are not recycled. Yet an estimated 500 billion to 1 trillion plastic bags are used worldwide every year-380 billion of those in the U.S. Let's make Avon, Colorado a responsible leader for future generations. thank you Chad Steele Eagle Vail -----Original Message----- From: ROBERT NICOLA FARRER [mailto:nicolafarrer@msn.com] Sent: Monday, September 11, 2017 6:00 PM To: Preston Neill Cc: Debbie Hoppe Subject: Yes to plastic bag ban.... Hello, We need to continue to show our love for this amazing planet we call home. I fully support the plastic bag ban and hope that shortly after will follow the ban on the use of styrofoam...... I do shop in West Vail and LOVE their commitment to no plastic bags. I feel proud when I shop there...... I want to feel proud of Avon town and the positive changes they are making to keep us a progressive and compassionate community. Thank you for listening to my voice. NICOLA FARRER From: JENNIFER SCHRADER [mailto:jennifer.schrader@eagleschools.net] Sent: Monday, September 11, 2017 6:10 PM To: Debbie Hoppe; Preston Neill Subject: Full Support Ms. Hoppe and Mr. Neill, I fully support a plastic bag ban for Avon. Furthermore, I support a styrofoam ban. Warmly, _____________________________ Jen Schrader Upper School English Teacher Vail Ski & Snowboard Academy 1 Academy Loop P.O. Box 369 Minturn, CO 81645 970-328-2811 -----Original Message----- From: Kelly Charbonneau [mailto:kacharbo1@yahoo.com] Sent: Monday, September 11, 2017 10:21 PM To: Preston Neill Subject: Bag ban I am an Avon resident and I support the bag ban and the styrofoam ban. Thank you Kelly Charbonneau Sent from my iPhone From: Karen E Anderson [mailto:karene@vail.net] Sent: Monday, September 11, 2017 5:29 PM To: Debbie Hoppe Subject: Plastic bag & styrofoam ban Hi Debbie, I’m writing to let you know that I support the plastic bag ban in Avon, as well as a styrofoam ban. Thank you for considering doing something small to help stop destroying our environment. Karen Anderson From: toni fish [mailto:tonifish2000@yahoo.com] Sent: Monday, September 11, 2017 5:29 PM To: Debbie Hoppe Subject: Please put a ban on plastic bags in avon. My name is Marki Sindlinger I live in Wildridge, avon, colorado. Please let this be or act as a community member who wants to stop platic bags in Avon Colorado. Thank you Marki Sindlinger From: annie richards [mailto:yogaannie3@yahoo.com] Sent: Monday, September 11, 2017 5:52 PM To: Debbie Hoppe Subject: plastic bag ban To whom it may concern, I fully support the plastic bag ban... I was in UK when they implemented a country wide ban ~ they began charging 5p and 10p per bag and overnight people started using canvas etc bags... It was fabulous and drastically reduced the number of plastic bags in circulation. People were very receptive, and the monetary motivation was very effective. Sincerely, Annie Richards From: Mary Ellen Blair [mailto:metingles@hotmail.com] Sent: Monday, September 11, 2017 8:44 PM To: Debbie Hoppe Subject: Plastic Bags and Styrofoam Ban The Blair family is in favor of this. Thank you Mary and Joe Blair Eagle-Vail Mary Blair USPS-POB 3784 Vail CO 81658-USPS UPS or FED EX-210 East Larkspur Lane Avon CO 81620 970-331-8112 From: Courtney Gregory [mailto:cgcycle@hotmail.com] Sent: Monday, September 11, 2017 10:56 PM To: Debbie Hoppe Subject: Ban the Bag! Do it! Sent from Outlook From: Susan Wilke [mailto:wilke@vail.net] Sent: Tuesday, September 12, 2017 9:57 AM To: Debbie Hoppe Subject: plastics! Hi - Just wanted to commend you all on attempting to prohibit polystyrene foam as well as limit the number of plastic bags we use. It’s about time someone in this valley did something about this! Let’s hope our future will be polystyrene and plastic bag free! :) Susan Wilke From: Leslie Snyder [mailto:leslie.a.snyder@gmail.com] Sent: Tuesday, September 12, 2017 10:06 AM To: Debbie Hoppe Subject: Plastic Bag Ban in Avon Hi Debbie, I am writing this letter to you to support whole-heartedly the potential plastic bag ban in Avon. To be honest, I can’t believe it hasn’t already taken place and that we haven’t followed the lead of the town of Vail and other areas in Colorado and the nation as a whole. I have heard that there are those that are not in support of the ban and quite frankly, I cannot understand their reasoning. All one needs to do is look around to notice many of those plastic bags flying around or hanging on a tree. Although plastic bags are recyclable, only 5% of them are recycled even when there are bins for this provided by the stores. Most plastic bags eventually end up littering the ground or in a landfill, where they can remain for as long as 1,000 years. I believe the best alternative to plastic is to carry and reuse your own (cloth) bags. Although I am guilty of forgetting my reusable bags at times, I know that I should and can do a better job of arriving at the market prepared. An inconvenience perhaps but it’s my responsibility. I am a mother of two and encourage my children daily to recycle and protect the world in which they live. I hope that I am a good example to them and I hope that the place that we call home can and will follow suit. Regards, Leslie Snyder From: Amanda.Mire@wellsfargo.com [mailto:Amanda.Mire@wellsfargo.com] Sent: Tuesday, September 12, 2017 12:04 PM To: Debbie Hoppe Subject: Avon Plastic/Styrofoam Ban I have lived in the Valley since 2001, specifically in Wildridge until 2013. I now reside in Minturn, but continue to shop at Avon stores when I have to. I have talked Avon Liquor into providing Even though Avon City Market offers more product, I have decided to support the Vail City Market due to the progressive bag ban in the TOV. For years, I traveled to the grocery store with my bags, and remained shocked of the lack of plastic bag ban in the Town of Avon. I also support the Styrofoam ban – this would move the Town of Avon one step closer to being accountable to our planet Earth. Kindly, Amanda Amanda Mire, CISA, CISSP (Upcoming PTO – NONE) Operational Risk Consultant, Vice President Enterprise Data & Analytics | Risk Management & Compliance Wells Fargo Technology & Operations Group MAC C3014-010 Tel 970-827-4042 l Cell 303-818-5908 amanda.mire@wellsfargo.com This message may contain confidential and/or privileged information. If you are not the addressee or authorized to receive this for the addressee, you must not use, copy, disclose, or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by reply e- mail and delete this message. Thank you for your cooperation. From: Cherie [mailto:cherieandrob@comcast.net] Sent: Tuesday, September 12, 2017 9:47 PM To: Debbie Hoppe Subject: Support for Plastic Bag Ban Hi Debbie, I strongly support the plastic bag ban in Avon. As a consumer who shops Village Market in Edwards often, I would be more inclined to shop at Walmart and City Market if the Town of Avon adopts a plastic bag ban. I would also be happy to be required to bring my own reusable shopping bags and/or pay a nominal fee for using plastic bags if I forgot my own bags. Furthermore, I would be happy to forego using any bags and bag my own groceries at home in the case I forgot my own bags. There are many solutions to reducing and/or eliminating the negative effects plastic bags have on our ecosystems, including humans, and the increased demand for the non-renewable, planet-damaging oil production that plastic bags requires. Since plastic does not break down, it is being ingested by animals and the food chain means humans are eating plastic - NOT SAFE! I also support a Styrofoam ban. It is also NOT SAFE! Cherie L. Rollins (970) 376-2015 Please do not hesitate to call or email me if you need any further commentary or would like me to appear in person to advocate for a plastic-free Town of Avon. -----Original Message----- From: Jen Austin [mailto:jenleeaustin@gmail.com] Sent: Wednesday, September 13, 2017 11:44 AM To: Debbie Hoppe Subject: Support Avon's plastic bag ban Dear Ms. Hoppe, I'm writing to express my support for the plastic bag ban; that is truly fantastic that Avon is considering one. However, unlike Vail I think the plastic bag ban should apply to all stores in Avon, including Walmart, not just City Market. I'm aware of the deleterious effects of plastic bags in the environment, particularly litter that presents choking hazards to wildlife, the use up finite natural resoures (up to 100 million barrels of oil are used to make the world's plastic bags each year), and there is no disposal method that really eliminates them, they take years to decompose. Please consider me a strong supporter for Avon's proposed plastic bag ban, and if you need help gathering support let me know. I work full-time but am happy to help on weekends. Thanks for the opportunity to comment, Jen Austin of Wildridge -----Original Message----- From: Nancy Klumb [mailto:nmk1044@gmail.com] Sent: Thursday, September 21, 2017 2:37 PM To: Debbie Hoppe Subject: Paper, Plastic or Reusable? – Stanford Magazine – Medium As a Stanford alumni I found this current research article from the Stanford magazine quite informative regarding comparing the carbon footprint and ecological impact of plastic, paper and reusable bags. I urge the Avon council to read this article so that whatever decision they arrive at is an informed one, not one based on trendy ideals. https://medium.com/stanford-magazine/paper-plastic-or-reusable-cloth-which-kind-of-bag-should-i- use-c4039575f3f1 Nancy Klumb Sent from my iPad Stanford Magazine Eco-Tips Paper, Plastic or Reusable? The answer is a mixed bag. By Claire Thompson SAGE (Sound Advice for a Green Earth) is a project by advanced students in Earth Systems and other programs to answer sustainability questions. Submit questions at stanfordmag.org. Q: I’ve heard that reusable shopping bags can be less sustainable than plastic shopping bags. Is this true? Which shopping bags are most sustainable: reusable, plastic or paper bags?— Connie McNair, Medford, Ore. The Essential Answer A trip to the grocery store entails a multitude of decisions. Many of us are drawn to discount prices; claims of health benefits; bright, sexy packaging — and, recently, environmental considerations. But the decisions don’t end with the products themselves. Those of us striving to be green want to make sure we’re using the most eco-friendly carrier. Thus, the question: paper, plastic or reusable cloth bags? The plastic bag has a bad reputation. According to the United States Environmental Protection Agency, Americans go through hundreds of billions of these each year. The result has been called a “modern menace,” with stray bags gathering in the streets, the ocean and landfills, where they endanger wildlife and never biodegrade. They can be recycled but usually aren’t. Paper bags are biodegradable and easy to recycle or compost. But producing them in quantity requires a lot of water, fuel and cut-down trees. And they usually aren’t made from recycled material, because new paper has longer, stronger fibers. Cloth bags are typically made from cotton, a particularly pesticide-intensive and water-guzzling crop. Reusable bags made from nonwoven polypropylene plastic are also common, and they’re actually less carbon-intensive to produce. Reputation aside, single-use plastic bags have the smallest carbon footprint, at least in terms of single- bag production. But that’s only the beginning. How we use and dispose of bags matters even more. Two of the most important considerations for the eco footprint of a bag (or any other item) are whether we reuse it and, if so, how many times. An exhaustive Environment Agency (U.K.) report from 2011 found that paper bags must be reused at least three times to negate their higher climate-warming potential (compared with that of plastic bags). A cotton bag would have to be reused 131 times to break even with a plastic bag, in terms of the climate impact of producing each bag. Of course, plastics can be reused as well — they just don’t look as trendy. But the answer isn’t quite as complicated as these details might make it seem. Which bag is the most “sustainable”? It really depends on how many times you’re going to use it and, especially with plastic, how carefully you dispose of it once its useful life is over. Use the bags that you’ll reuse the most — and check out previous SAGE answers at stanfordmag.org for advice on filling them with food that’s as gentle on the environment as the carriers you’ve chosen. The Nitty-Gritty Let’s dish the dirt on each type of bag individually — then we can compare. Paper According to the previously cited U.K. study, it takes three reuses of a paper bag to neutralize its environmental impact, relative to plastic. A bag’s impact is more than just its associated carbon emissions: Manufacturing a paper bag requires about four times as much water as a plastic bag. Additionally, the fertilizers and other chemicals used in tree farming and paper manufacturing contribute to acid rain and eutrophication of waterways at higher rates. Paper may not be the first choice for your reusable grocery bag, since it tears easily and doesn’t hold up in the rain. However, paper bags can be repurposed once they’ve been carted home — for bagging lunches; making arts and crafts; or collecting compost, trash or recyclables. In terms of disposal, paper bags are better than their plastic counterparts. Paper is compostable. If you have access to composting, just tear it up and toss it in. Or if, like me, you’ve grown pots of mold in your kitchen too many times and are now a little compost-shy, recycling is the next best option. As long as they’re not overly contaminated with food, paper shopping bags can go in any municipal recycling bin. Plastic The standard grocery store plastic bag is made from high-density polyethylene (HDPE). Studies agree that plastic bags are by far the least costly (i.e., carry the smallest ecological footprint) to produce. Still, there is no way around the fact that plastic is derived from petroleum. Petroleum is a finite resource, and as it becomes increasingly limited, obtaining it becomes increasingly damaging to the environment. Recycling plastic bags can be difficult. They often fly out of bins or cling to machinery. For these reasons, many cities do not accept them in the municipal recycling stream. Some large grocery stores offer plastic bag recycling options on site (find a recycling center near you). But unlike metal or glass, plastic can be reincarnated a limited number of times before it is too costly to revive. (Read more about recycling in another SAGE article.) Many people do reuse plastic bags. And this lowers their carbon footprint — but only to a point. Most plastic shopping bags are fated to become waste-bin liners, or dog pooper-scoopers. They do an excellent job fulfilling these duties — but when done, they’re off to the landfill. Plastic bags simply don’t have the reusable potential of cloth or even paper bags. Reusable cotton or polypropylene Reusable bags may be made from many different materials (hemp fiber, for instance, is especially good for people who fancy themselves as hip), but the two most common types are cotton and nonwoven polypropylene (PP), a more durable type of plastic. Even these chic reusable bags have caught flak from some environmentalists. Are they really better than plastic bags? The answer depends on how faithfully you reuse them. As mentioned in our essential answer, above, an average cotton shopping bag would need to be reused 131 times to account for its higher impact on the production side. So if you’re going to use this bag for the next five years, have at it. Nonwoven PP, on the other hand, is less costly than cotton. These bags need to be reused only 11 times to break even with the conventional plastic (according to the same U.K. study). Remember — not all bags are created equal! If you do opt for a reusable, be sure to consider the material, its origins and how much you will reuse the bag. Of course, the best option is to use a tote you already have (or buy one secondhand). In the end, your actions will make the greatest difference — not the bag itself. The most sustainable choice is one that’s sustainable for you. What are your preferences? Which considerations, environmental or otherwise, are most important to you? And which lifestyle changes will you make for the long-term? Take these questions as food for thought the next time you’re on your way to the grocery store. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Date: September 26, 2017 Topic: REQUEST FROM WALKING MOUNTAINS SCIENCE CENTER FOR THE TOWN OF AVON TO SERVE AS ITS FISCAL AGENT FOR A GOCO GRANT APPLICATION SUMMARY: The Town has received a request from Walking Mountains Science Center (WMSC) for the Town to sponsor its 2017 Great Outdoors Colorado (GOCO) grant application. Representatives from WMSC, including Markian Feduschak, President, and Gina Van Hekken, Director of Grants & Strategic Initiatives, will attend Tuesday’s work session to deliver a presentation on the grant proposal and to solicit input from the Town Council. Please see the Attachment, which presents Walking Mountains project concepts. NOTES: In March 2017, the Town was notified that it will receive a matching grant of $350,000 from GOCO to update the Harry A. Nottingham Park playground and improve pedestrian and bike access. Construction is currently scheduled to be completed in 2018. While GOCO does not specifically limit the number of active grants with an entity, the general practice appears to be that an entity will not be considered for funding until all funds from an existing grant award are expended. Walking Mountains would like to request that the Town of Avon serve as the Fiscal Agent for our upcoming application for the Great Outdoors Colorado’s Local Parks and Outdoor Recreation funding opportunity. Walking Mountains would like to submit for the maximum amount allowed, which is $350,000. The application is due November 2, 2017. The funding will be used to implement a comprehensive trails & education plan as part of our campus expansion. The proposed work will take place on the 6 acre parcel of land adjacent to our current campus and the medical center and new fire station. The scope of work will include: • Network of new trails with associated signage • Environmental education components • Community gathering spaces • Wayfinding signage and connectivity with the Town of Avon. We are in the process of working with a design firm to create conceptual sketches of the new trail system, community gathering spaces and interpretive signage/activities. Additionally, the Walking Mountains Community Programs Team is developing the educational components that will complement the trail system. Access to these improvements will be available to all individuals and will be especially accessible to Avon residents and visitors. With the Town of Avon’s recent award of an LPOR grant for the improvements for Nottingham Park, Walking Mountains feels this is an opportunity to build on current momentum and provide a connection for Avon residents and visitors from the outdoor/nature experience in town to the Walking Mountains campus and surrounding open space and public lands. This connection could support more “backcountry” experiences and encourage many visitor and residents to access public lands with miles of hiking trails within such a close proximity. This project will be a benefit the Town of Avon residents and visitors and will set the stage for future collaboration on improved connectivity and walkability from the town to local outdoor spaces and recreation opportunities. 2018 Budget Work Session Page 1 of 4 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Justin Hildreth, Town Engineer Date: September 26, 2017 Re: 2018 Budget Work Session – Capital Projects Fund, Affordable Housing Fund, Community Enhancement Fund, Debt Service Fund, and Water Fund PURPOSE OF THE BUDGET WORK SESSION This Tuesday’s work session will review the following proposed budgets for the Town: • Capital Projects Fund • Affordable Housing Fund • Community Enhancement Fund • Debt Service Fund • Water Fund In addition to the 2018 budget, Town staff has prepared projections for the Capital Projects Fund 5-Year Plan for investment planning in the Capital Projects Fund. The Town’s Urban Renewal Authority budget will be presented during the URA meeting and is included in the materials for that meeting. The remaining Town budget, including the General Fund, Transit Fund, Fleet Maintenance Fund and Equipment Replacement Fund, are scheduled for review at the October 10 budget work session. The main objective of these budget work sessions is to give Council members an opportunity to provide direction to the Town Manager and staff regarding final preparation of the 2018 Budget, which is scheduled for Public Hearing and adoption on October 24, 2017. SUMMARY OF PREVIOUS BUDGET WORK SESSIONS August 22 - Revenue Projections  Sales Tax Revenues: Use 1.5% increase for 2017. For 2018 and 2019 projections amounts remain flat.  Accommodation Taxes: Use year-to-date 2017 collections plus 2016 remaining monthly actuals for 2017 projection. For 2018 projection, use projected 2017 collections and reduce by 1%, for 2019,the projection remains flat. 2018 Budget Work Session Page 2 of 4  Avon Recreation Center Admission Fees: No change in rates in resident monthly pass rates.  Fleet Maintenance Shop Rates: No change for shop labor rates for 2018 or 2019.  Real Estate Transfer Taxes: Supported an estimated amount of $2.2 million for base level transfer tax revenues. In addition, supported reserving additional amounts received from Wyndham Vacation Ownership sales of up to $3.5 million in 2017 and 2018 for purposes of funding the Town-owned Properties program currently under study. August 23 – Community Grants  Town Council agreed with the staff recommendation of a total not-to-exceed allocation of $161,000 for community funding. August 23 – Special Events  Town Council agreed with the Ad Hoc Special Events Committee’s recommendation of a total not-to-exceed Special Events Reserve funding of $500,000. SUMMARY OF FUND ACTIVITY COMMUNITY ENHANCEMENT FUND 2018 Proposed Budget $ 0 2019 Proposed Budget $ 0 2017 Revised Budget 142,000 2018 Proposed Budget 0 Total Change $ (142,000) Total Change $ 0 The Community Enhancement Fund (CEF) originates from the Franchise Agreement the Town of Avon has with Holy Cross Energy to sell electricity to the Town. One percent (1%) of the revenue generated by Holy Cross Energy in the Town of Avon is placed in the Community Enhancement Fund and is restricted to the following uses: beautification projects, energy conservation projects, equipment and technology upgrades for schools, scholarship funds, acquisition of open space and/or park land and development, sponsorship of special community events, and undergrounding of overhead electric and other utility lines. Monies accrue from Holy Cross Electric and then are dispersed on a project basis, with Holy Cross approval based on established criteria. - For 2017, $142,000 was transferred to the Capital Projects Fund to help fund the construction of the new Nottingham Park Playground. - No new projects have been identified for 2018 or 2019. 2018 Budget Work Session Page 3 of 4 WATER FUND 2018 Proposed Budget $ 144,753 2019 Proposed Budget $ 107,373 2017 Revised Budget 124,463 2018 Proposed Budget 144,753 Total Change $ 20,290 Total Change $ (37,380) - In 2017, contributions for the Mountain Star water tank have been made in the amount of $21,486. - In 2018, financial support for the Watershed Council ($4,000), water quality monitoring ($13,500), and Eagle River cleanup ($1,000) have been appropriated. - Ditch maintenance of $20,000 and water quality plan implementation have been included for 2018. AFFORDABLE HOUSING FUND 2018 Proposed Budget $ 25,000 2019 Proposed Budget $ 25,000 2017 Revised Budget 75,000 2018 Proposed Budget 25,000 Total Change $ (50,000) Total Change $ 0 - The 2017 revised budget includes $75,000 for refurbishment of the Wildridge First Station and Station #7 for housing. - $25,000 for project development has been included for the 2018 and 2019 budgets. DEBT SERVICE FUND 2018 Proposed Budget $ 1,016,854 2019 Proposed Budget $ 1,017,707 2017 Revised Budget 1,022,469 2018 Proposed Budget 1,016,854 Total Change $ (5,615) Total Change $ 853 - The Debt Service fund is used to account for the accumulation of resources for the payment of principal and interest on the Town's debt not accounted for in any other fund. - 2016 was the final year for levying property taxes used to pay the Town's Series 2004 General Obligation Refunding bonds, which were paid in full on December 1, 2016. - Debt service payments for the Series 2016 Certificates of Participation used to finance the construction of the new Public Safety Facility begin in 2017. CAPITAL PROJECTS FUND 2018 Proposed Budget $ 4,006,235 2019 Proposed Budget $ 2,530,793 2017 Revised Budget 14,997,315 2018 Proposed Budget 4,006,235 Total Change $(10,991,080) Total Change $(1,475,442) - The Capital Projects Five-Year Plan details planned expenditures for years 2018-2022. - 2017 final revised budget includes bond proceeds and project construction budget for the Public Safety Facility project as well as the new Town Hall project. - The projects in the proposed 2018 Capital Projects Fund (CPF) are recommended based on several elements in the adopted Strategic Plan as summarized below. - Strategic Plan Goal: Support a strong community, building on strengths as a year-round mountain resort and the investment in multi-modal improvements. 2018 Budget Work Session Page 4 of 4 - Beaver Creek Boulevard Streetscape Improvement Project will improve the pedestrian and bicycle experience and beautify the corridor, encouraging multi-modal transportation along the corridor. - The implementation of the Town Owned Property Master Plan will enhance the visitor experience in Nottingham Park and the Main Street Mall - Strategic Plan Goal: Preserve and enhance the natural environment and implement the Climate Action Plan. - The installation of solar photovoltaic panels on the roof of the Avon Regional Transportation Facility and New Town Hall will reduce carbon dioxide generating energy consumption, contributing to the Climate Action Plan goals. - Strategic Plan Goal: Provide for a responsive, cutting edge and effective government and maintain the Town’s infrastructure - The completion of the New Town Hall will provide new community gathering spaces and the modern office space will improve employee interaction, and improve the ability to provide responsive services. - Several of the projects are to maintain existing facilities, including: o Nottingham Road Debris Flow mitigation project, o Retaining wall repair project, o Whitewater park repairs, and o The 2018 Street Improvement Project. The 2018 Street Improvement Project will include resurfacing Yoder Ave., Fawcett Dr. and Eaglebend Drive. ATTACHMENTS: Appendix A – Community Enhancement Fund Appendix B – Water Fund Appendix C – Affordable Housing Fund Appendix D – Debt Service Fund Appendix E – Capital Projects Fund Appendix F – Capital Projects Five-Year Plan Appendix G – Capital Projects Descriptions Fund Summary Original or Final Prev. Amend.Revised Proposed Proposed Actual Budget Budget Budget Budget 2016 2017 2017 2018 2019 REVENUES Other Revenue: Community Enhancement Fees 71,736$ 84,000$ 80,000$ 80,000$ 80,000$ Total Operating Revenues 71,736 84,000 80,000 80,000 80,000 Other Sources Transfers In - General Fund - - - - - TOTAL REVENUES 71,736 84,000 80,000 80,000 80,000 EXPENDITURES Public Works: Community Enhancement - - - - - Total Operating Expenditures - - - - - Other Uses Transfers Out - Capital Projects Fund 100,000 158,000 142,000 - - TOTAL EXPENDITURES 100,000 158,000 142,000 - - NET SOURCE (USE) OF FUNDS (28,264) (74,000) (62,000) 80,000 80,000 FUND BALANCES, Beginning of Year 90,469 74,469 62,205 205 80,205 FUND BALANCES, End of Year 62,205$ 469$ 205$ 80,205$ 160,205$ FUND BALANCES: Restricted For: Community Enhancement Projects 62,205$ 469$ 205$ 80,205$ 160,205$ TOTAL FUND BALANCES 62,205$ 469$ 205$ 80,205$ 160,205$ MUNICIPAL SERVICES Community Enhancement Fund #23 APPENDIX A Fund Summary Original or Final Prev. Amend.Revised Proposed Proposed Actual Budget Budget Budget Budget 2016 2017 2017 2018 2019 REVENUES Charges for Services: Water Surcharges 153,637$ 150,000$ 150,000$ 150,000$ 150,000$ Tap Fees 58,865 51,200 10,000 20,000 20,000 Tap Fees - Mountain Star 16,712 10,000 21,486 - - Total Charges for Services 229,214 211,200 181,486 170,000 170,000 Other Revenues Nonclassified Revenues - - - - - TOTAL REVENUES 229,214$ 211,200$ 181,486$ 170,000$ 170,000$ EXPENDITURES Water Utilities 992,278 157,977 124,463 144,753 107,373 Total Operating Expenditures 992,278 157,977 124,463 144,753 107,373 Other Uses Transfers Out - Capital Projects Fund 173,200 - - - - TOTAL EXPENDITURES 1,165,478 157,977 124,463 144,753 107,373 NET SOURCE (USE) OF FUNDS (936,264) 53,223 57,023 25,247 62,627 FUND BALANCES, Beginning of Year 1,016,159 38,173 79,895 136,918 162,165 FUND BALANCES, End of Year 79,895$ 91,396$ 136,918$ 162,165$ 224,792$ FUND BALANCES: Restricted For: Water Projects 79,895$ 91,396$ 136,918$ 162,165$ 224,792$ TOTAL FUND BALANCES -$ -$ -$ -$ -$ MUNICIPAL SERVICES Water Fund #24 APPENDIX B Fund Summary Original or Final Prev. Amend.Revised Proposed Proposed Actual Budget Budget Budget Budget 2016 2017 2017 2018 2019 REVENUES Investment Earnings 900$ 721$ 721$ 621$ 519$ Other Revenue: Nonclassified Revenues 12,985 3,020 72,425 3,120 3,223 Total Operating Revenues 13,885 3,741 73,146 3,741 3,742 TOTAL REVENUES 13,885 3,741 73,146 3,741 3,742 EXPENDITURES General Government: Affordable Housing 15,037 25,000 75,000 25,000 25,000 Total Operating Expenditures 15,037 25,000 75,000 25,000 25,000 TOTAL EXPENDITURES 15,037 25,000 75,000 25,000 25,000 NET SOURCE (USE) OF FUNDS (1,152) (21,259) (1,854) (21,259) (21,258) FUND BALANCES, Beginning of Year 517,335 506,220 516,183 514,329 493,070 FUND BALANCES, End of Year 516,183$ 484,961$ 514,329$ 493,070$ 471,812$ MUNICIPAL SERVICES Affordable Housing Fund #25 APPENDIX C Fund Summary Original or FinalPrev. Amend.Revised Proposed ProposedAccountActualBudgetBudgetBudgetBudget Number Description 2016 2017 2017 2018 2019 REVENUES Taxes: 51101 General Property Taxes 545,838$ -$ -$ -$ -$ 51102 Property Tax - Delinquent - - - - - 51103 Property Tax - Interest & Penalties 941 - - - - 51104 Property Tax - Abatement (314) - - - - 51000 Total Taxes 546,465 - - - - Investment Earnings: 57101 Investment Earnings 2,728 2,100 3,000 3,000 3,000 Other Sources:59201 Transfers-In from Capital Projects Fund 578,808 1,025,369 1,019,469 1,013,854 1,014,707 59000 Total Other Sources 578,808 1,025,369 1,019,469 1,013,854 1,014,707 50000 TOTAL REVENUES 1,128,001 1,027,469 1,022,469 1,016,854 1,017,707 EXPENDITURES Debt Service: 922 Series 2004, G.O. Refunding Bonds 65101 Principal 515,000 - - - - 65102 Interest 20,600 - - - - 924 Series 2010, Certificates of Participation 65101 Principal 135,000 140,000 140,000 145,000 145,000 65102 Interest 116,944 111,881 111,881 107,331 102,800 926 Series 2014B, Certificates of Participation (Street Improvements) 65101 Principal 210,000 215,000 215,000 220,000 230,000 65102 Interest 108,626 102,263 102,263 95,748 89,082 927 Series 2016, Certificates of Participation (Public Safety Facility) 65101 Principal - 205,000 205,000 265,000 275,000 65102 Interest - 243,325 243,325 178,775 170,825 911 64303 County Treasurer Fees 10,931 - - - - 65103 Fiscal Agent Fees 3,450 10,000 5,000 5,000 5,000 Total Debt Service 1,120,551 1,027,469 1,022,469 1,016,854 1,017,707 60000 TOTAL EXPENDITURES 1,120,551 1,027,469 1,022,469 1,016,854 1,017,707 NET SOURCE (USE) OF FUNDS 7,450 - - - - FUND BALANCES, Beginning of Year 529,117 536,567 536,567 536,567 536,567 FUND BALANCES, End of Year 536,567$ 536,567$ 536,567$ 536,567$ 536,567$ MUNICIPAL SERVICES Debt Service Fund #31 APPENDIX D Original or Final Prev. Amend.Revised Proposed Proposed Actual Budget Budget Budget Budget 2016 2017 2017 2018 2019REVENUES Taxes 3,497,602$ 2,200,000$ 4,200,000$ 3,700,000$ 2,200,000$ Intergovernmental 1,854,136 420,000 420,000 40,000 40,000 Investment Earnings 60,646 75,000 75,000 37,500 43,750 Other Revenue 159,549 80,000 80,000 80,000 80,000 Total Operating Revenues 5,571,933 2,775,000 4,775,000 3,857,500 2,363,750 Other Sources: Debt Proceeds 6,602,205 - - 375,000 - Operating Transfers-In 1,943,200 4,203,000 4,267,000 245,000 420,000 Total Other Sources 8,545,405 4,203,000 4,267,000 620,000 420,000 TOTAL REVENUES 14,117,338 6,978,000 9,042,000 4,477,500 2,783,750 EXPENDITURES Capital Improvements: Facilities 4,826,688 7,183,137 7,153,034 630,000 - Land and Land Improvements 119,077 1,237,273 1,260,703 80,000 - Roads and Streets 3,718,368 4,370,792 5,065,322 1,415,000 610,000 Water Fund Projects 129,796 25,000 25,000 125,000 300,000 Communications and Technology 35,182 - - 125,000 - Strategic Planning - - 75,000 - - Other 2,851 - 38,000 - - Debt Service: Bond Issuance Costs 147,270 - - - - Capital Leases 121,769 121,770 121,770 121,770 103,272 Contingency - 250,000 - 250,000 250,000 Total Capital Improvements 9,101,001 13,187,972 13,738,829 2,746,770 1,263,272 Other Uses Operating Transfer-Out - General Fund 219,735 233,117 233,117 240,111 247,314 Operating Transfer-Out - Debt Service Fund 578,808 1,025,369 1,025,369 1,019,354 1,020,207 - - Total Other Uses 798,543 1,258,486 1,258,486 1,259,465 1,267,521 TOTAL EXPENDITURES 9,899,544 14,446,458 14,997,315 4,006,235 2,530,793 NET SOURCE (USE) OF FUNDS 4,217,794 (7,468,458) (5,955,315) 471,265 252,957 FUND BALANCE, Beginning of Year 6,198,817 10,427,034 10,416,611 4,461,296 4,932,561 FUND BALANCE, End of Year 10,416,611$ 2,958,576$ 4,461,296$ 4,932,561$ 5,185,519$ Fund Balances Restricted For: Street Improvements (COPs)2,637,739$ -$ -$ -$ -$ Asphalt Overlay 480,000 720,000 720,000 20,000 260,000 Assigned For: Town-owned Properties Development Strategies P - - 2,000,000 3,500,000 3,500,000 Unassigned: Unreserved 7,298,872 2,238,576 1,741,296 1,412,561 1,425,519 Total Fund Balances 10,416,611$ 2,958,576$ 4,461,296$ 4,932,561$ 5,185,519$ Fund Summary MUNICIPAL SERVICES Capital Projects Fund #41 APPENDIX E CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Page 1 Current Revised Proposed Actual Budget Budget Budget 2016 2017 2017 2018 2019 2020 2021 2022 REVENUES Real Estate Transfer Tax: Base Level 2,858,182$ 2,200,000$ 2,200,000$ 2,200,000$ 2,200,000$ 2,200,000$ 2,200,000$ 2,200,000$ Wyndham Vacation Ownership Club 639,420 - 2,000,000 1,500,000 - - - - Interest Earnings 60,646 75,000 75,000 37,500 43,750 50,000 50,000 50,000 Intergovernmental: Federal/State: MAP-21 Grant (CFDA 20.205)1,355,000 - - - - - - - GOCO Grant - Playground - 350,000 350,000 - - - - - Local Government: ECO Grant - Traer Creek Bus Stop (50%)- 30,000 30,000 - - - - - Eagle County Trails Grant - Phase 3 459,136 - - - - - - - Asphalt Overlay Contributions - TCMD 40,000 40,000 40,000 40,000 40,000 75,000 75,000 75,000 Other Revenues: Asphalt Overlay Contributions - Developer 80,000 80,000 80,000 80,000 80,000 - - - Donations and Contributions 1,000 - - - - - - - Project Cost Reimbursements 77,153 - - - - - - - Nonclassified 1,396 - - - - - - - Total Operating Revenues 5,571,933 2,775,000 4,775,000 3,857,500 2,363,750 2,325,000 2,325,000 2,325,000 Other Sources: Bond Issue Proceeds - Joint Public Safely Facility 6,602,205 - - - - - - - Capital Lease Financing - Solar Panels - - - 375,000 - - - 725,000 Transfer in from General Fund - Assigned to Capital Improvements 1,550,000 1,000,000 1,000,000 - - - Asphalt Overlay 120,000 120,000 120,000 120,000 120,000 75,000 75,000 75,000 Transfer in from the AURA - New Town Hall Tenant Finish - 2,900,000 2,900,000 - - - - - - Sustainability/LEED Designation - - 60,000 - - - - - - Mall Activation Elements - - 20,000 - - - - - Transfer in from Community Enhancement Fund - 2016 Power line Undergrounding 100,000 - - - - - - - - 2017 Playground - 158,000 142,000 - - - - - Transfer in from Water Fund 173,200 25,000 25,000 125,000 300,000 - - - Total Other Sources 8,545,405 4,203,000 4,267,000 620,000 420,000 75,000 75,000 800,000 Total Revenues and Sources of Funds 14,117,338$ 6,978,000$ 9,042,000$ 4,477,500$ 2,783,750$ 2,400,000$ 2,400,000$ 3,125,000$ Projected APPENDIX F CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Page 2 Current Revised Proposed Actual Budget Budget Budget 2016 2017 2017 2018 2019 2020 2021 2022 Projected EXPENDITURES Capital Improvements: Facilities 4,826,688 7,183,137 7,153,034 630,000 - - - 725,000 Land and Land Improvements 119,077 1,237,273 1,260,703 80,000 - - - - Roads and Streets 3,718,368 4,370,792 5,065,322 1,415,000 610,000 620,000 415,000 685,000 Water Fund Projects 129,796 25,000 25,000 125,000 300,000 - - - Communications and Technology 35,182 - - 125,000 - - - - Strategic Planning - - 75,000 - - - - - Other 2,851 - 38,000 - - - - - Debt Service: Debt Issuance Costs 147,270 - - - - - - - Capital Leases 121,769 121,770 121,770 121,770 103,272 86,469 86,469 60,190 Contingency - 250,000 - 250,000 250,000 250,000 250,000 250,000 Total Expenditures 9,101,001 13,187,972 13,738,829 2,746,770 1,263,272 956,469 751,469 1,720,190 Other Uses: Operating Transfers Out - General Fund: - Engineering Department Salary and Operations 219,735 233,117 233,117 240,111 247,314 254,733 262,375 270,246 Operating Transfers Out - Debt Service Fund: - 2010 COPs (ARTF)255,557 254,481 254,481 254,831 250,300 255,225 254,800 251,800 - 2015B COPS (Street Improvements)323,251 319,863 319,863 318,248 321,582 319,613 322,493 320,069 - 2016 COPS (Public Safety Bldg.)- 451,025 451,025 446,275 448,325 450,075 449,375 448,575 Total Other Uses 798,543 1,258,486 1,258,486 1,259,465 1,267,521 1,279,646 1,289,043 1,290,690 Total Expenditures and Uses of Funds 9,899,544 14,446,458 14,997,315 4,006,235 2,530,793 2,236,115 2,040,512 3,010,880 Net Source (Use) of Funds 4,217,794 (7,468,458) (5,955,315) 471,265 252,957 163,885 359,488 114,120 Fund Balance, Beginning of Year 6,198,817 10,427,034 10,416,611 4,461,296 4,932,561 5,185,519 5,349,403 5,708,891 Fund Balance, End of Year 10,416,611$ 2,958,576$ 4,461,296$ 4,932,561$ 5,185,519$ 5,349,403$ 5,708,891$ 5,823,011$ Fund Balances Restricted For: Street Improvements COPs 2,637,739.00$ -$ -$ -$ -$ -$ -$ -$ Asphalt Overlay 480,000 720,000 720,000 20,000 260,000 410,000 560,000 710,000 Assigned For: Town-owned Properties Development Strategies Plan - - 2,000,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 Unassigned: Unreserved 7,298,872 2,238,576 1,741,296 1,412,561 1,425,519 1,439,403 1,648,891 1,613,011 Total Fund Balances 10,416,611$ 2,958,576$ 4,461,296$ 4,932,561$ 5,185,519$ 5,349,403$ 5,708,891$ 5,823,011$ APPENDIX F CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Page 3 Proposed Estimated Total 2015 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Budget Actuals 2016 2017 2017 2017 2018 2019 2020 2021 2022 CAPITAL IMPROVEMENT PROJECTS Facilities: New Town Hall: 11013 Mountain Vista Office Building Purchase 1,500,925$ -$ 1,504,751$ -$ -$ 1,504,751$ -$ -$ -$ -$ -$ 11014 Tenant Finish Design 219,725 - 37,838 152,162 181,887 219,725 - - - - - 11015 Floor Expansion Feasibility Study 10,500 - 10,082 - - 10,082 - - - - - 11012 Tenant Finish Construction 2,699,500 - 62,447 2,637,053 2,637,053 2,699,500 - - - - - 11016 Sustainability/LEED Designation 60,000 - - 60,000 60,000 60,000 - - - - - 11017 Fiber - PSF to NTH 135,275 - - 135,275 135,275 135,275 - - - - - New NTH Solar Panels 50,000 - - - - - 50,000 - - - - Joint Public Safety Facility Project: 12003 Design 450,000 69,606 263,130 117,264 117,264 450,000 - - - - - 12004 Construction 6,320,855 - 2,586,599 3,734,256 3,734,256 6,320,855 - - - - - 12005 Fiber - ATF to PSF 141,305 - - 141,305 141,305 141,305 - - - - - Transportation Facilities: 14010 Fleet Maintenance EPDM Roof Replacement 300,000 - - - - - - - - - 300,000 New Fleet Solar Panels 425,000 - - - - - - - - - 425,000 14011 Transit Bus Shelters 264,382 19,382 130,833 - - 150,215 - - - - - 14012 Transit Bus Stop - Traer Creek Plaza 60,000 4,490 52,943 2,567 2,567 60,000 - - - - - 14013 Transit Bus Stop - Eaglebend / US Hyw 6 48,000 - 40,249 7,751 7,751 48,000 - - - - - 14014 Fleet Maintenance Building Improvements 90,000 - 98,050 - - 98,050 - - - - - 14015 ARTF Door Repairs 55,000 - - - 55,000 55,000 - - - - - ARTF Solar Panels 325,000 325,000 - - - - Cultural and Recreational Facilities: 15016 Recreation Center - Slide Flume Refurbishment and S 59,000 23,730 35,270 - - 59,000 - - - - - 15017 Recreation Center - Fitness Floor 75,000 - - 75,000 - - 75,000 - - - - 15018 Nottingham Park Pavilion - Retractable Door/Stage Re 204,496 - 4,496 120,504 20,000 24,496 180,000 - - - - Other Facilities 19002 Avon Elementary Parking Lot Repair 60,676 - - - 60,676 60,676 - - - - - Land and Land Improvements: H.A. Nottingham Park Improvements 21016 Nottingham Park Zone C Improvements - Playground 872,266 3,966 70,000 798,300 798,300 872,266 - - - - - 21017 Nottingham Park - Remodel Restrooms 348,430 - 21,027 228,973 327,403 348,430 - - - - - 21022 Eagle River Whitewater Park Repair 90,000 - - 10,000 10,000 10,000 80,000 - - - - 21023 Eaglebend Affordable Housing Landscaping 28,050 - 28,050 - - 28,050 - - - - - 21024 Nottingham Park Light Upgrade 125,000 - - 125,000 125,000 125,000 - - - - - 21025 Nottingham Park Northside Port-a-Potty Sheds - - - 75,000 - - - - - - - Projected APPENDIX F CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Page 4 Proposed Estimated Total 2015 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Budget Actuals 2016 2017 2017 2017 2018 2019 2020 2021 2022 CAPITAL IMPROVEMENT PROJECTS Projected Roads and Streets: Streetscape Improvements 31022 Avon Rd./I70 Overpass Pedestrian Safety Improveme 88,000 - 12,209 75,791 75,791 88,000 - - - - - 31023 Metcalf Road - Retaining Wall Stabilization 100,000 - - 100,000 - - 20,000 80,000 - - - 31024 Roundabout #4 TCW Art Element 260,000 10,000 - - - 10,000 - 20,000 230,000 - - 31025 2015 Avon Rd. Landscaping Project 485,000 438,130 (1,786) - - 436,344 - - - - - 31027 Post Blvd. Light Pole Replacement 100,000 - - - - - - - - - 100,000 31028 Post Blvd. Irrigation Wet Well 45,000 - - 45,000 - - 45,000 - - - - 31029 Wayfinding Signage 59,145 - 24,145 20,855 35,000 59,145 - - - - - 31030 Mall Activation Elements 20,000 - - - - - 20,000 - - - - 31031 Avon Rd./I70 Overpass Aesthetics Improvements 270,000 - - - 25,000 25,000 - 270,000 - - - Annual Street Maintenance and Repair NA Annual Paving/Road Improvements NA 717,372 - - - NA 1,200,000 200,000 350,000 350,000 350,000 NA Annual Guard Rail Repair NA - - - - - 40,000 40,000 40,000 40,000 - 33101 2017 Microsurface/Slurry Seal 250,000 - - 250,000 250,000 250,000 - - - - - 32018 Post Blvd. Settlement Repair Design 75,000 - 9,550 65,450 500 10,050 - - - - - 32019 Wildwood Road Repair Design 75,000 - 7,834 67,166 1,016 8,850 - - - - - 34034 Eaglebend Dr. & Nottingham Rd. Repaving 1,054,661 - 7,500 652,500 1,047,161 1,054,661 - - - - - 32025 E. Benchmark Rd / Beaver Creek Place 413,077 - - 300,000 413,077 413,077 - - - - - Retaining Wall Repairs - Nottingham & Swift Gulch Rd 50,000 - - - - - 50,000 - - - - Street Improvements: 32020 2016 Safety Improvements - West B/C Blvd 50,000 - 43,657 - - 43,657 - - - - - 32021 West B/C Blvd. RR Crossing Improvements 110,000 - 5,970 104,030 104,030 110,000 - - - - - 32023 Nottingham Rd. Pedestrian Crossings (3)- - - 60,000 - - - - - - - 32024 2017 Safety Improvements - West B/C Blvd 30,000 - - 30,000 30,000 30,000 - - - - - Multi-Modal/Alternative Mobility: 34014 Metcalf Bike Lane Phases 1 & 2 1,082,300 32,883 1,035,873 - - 1,068,756 - - - - - 34015/34021 Eagle Valley Trails Phase 3 (CDOT Funded)2,460,000 32,589 2,341,526 - - 2,374,115 - - - - - 34016 Eagle Valley Trails Undergrounding Project (CEF)100,000 - 97,037 - - 97,037 - - - - - 34033 East and West B/C Blvd. Street Rebuild 3,110,739 1,254 85,738 2,500,000 3,023,747 3,110,739 - - - - - Recreational Trails Program: 34027 Soft and Hard Surface Trail Improvements 150,000 - 49,115 - - 49,115 - - - - - 34030 2017 Trail Improvements 100,000 - - 100,000 60,000 60,000 40,000 - - - - 34035 Metcalf Rd. FS 7-779 Trailhead Design & Improv.255,000 - - - - - - - - 25,000 235,000 Water Fund Projects 21020 Pump House Pump Replacement 150,000 - 129,796 - - 129,796 - - - - - 21026 Nottingham Rd. Debris Flow Study and Improvements 425,000 - - 25,000 25,000 25,000 125,000 300,000 - - - APPENDIX F CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Page 5 Proposed Estimated Total 2015 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Budget Actuals 2016 2017 2017 2017 2018 2019 2020 2021 2022 CAPITAL IMPROVEMENT PROJECTS Projected Communications and Technology e-Gov.: 81008 Fullcourt 30,668 - 31,648 - - 31,648 - - - - - 81010 Timekeeping Software and Peripheral Devices 35,000 31,799 3,534 - - 35,333 - - - - - New Broadband/WiFi 125,000 - - - - - 125,000 - - - - Strategic Planning Planning and Consulting: 79113 Tract G Core / Parking Plan 75,000 - - - 75,000 75,000 - - - - - Other 93012 Historical Preservation 5,000 - 2,851 - - 2,851 - - - - - New RETT Rebates 38,000 - - - 38,000 38,000 - - - - - Total Capital Improvement Projects 26,694,975$ 1,385,201$ 8,831,962$ 12,816,202$ 13,617,059$ 23,116,850$ 2,375,000$ 910,000$ 620,000$ 415,000$ 1,410,000$ APPENDIX F APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 8 Facilities Town Owned Properties Master Plan Implementation Description: The Town Owned Properties Master Plan is moving through the approval process. Upon adoption, there will be several projects that will recommended to be implemented. The projects will revolve around the Municipal Building site, Recreation Center, Nottingham Park and Recreation Center. Specific projects will be identified once the plan is adopted. Reserved Funds: 2018 $2,500,000 2019 $1,000,000 Mountain Vista Office Building Purchase Description: This is for the 2016 purchase of the Mountain Vista office building that will be converted into the New Town Hall. Budget: 2016 $1,504,751 Town Hall Tenant Finish Description: In 2016, the Town of Avon purchased the Mountain Vista office building with the intent of moving Town Hall to that location. This building is currently only a core and shell and this project will finish out the building as the Avon Town Hall. The project should be completed in fall 2017. Budget: 2017 $2,900,000 Fiber Connection from Public Safety Facility to New Town Hall Description: The project will extend fiber optic cable from the Public Safety Facility to the New Town Hall. This will allow the Town’s servers to be in the more secure Public Safety Facility and eliminate the Town having to pay access fees to an internet service provider. Budget: 2017 135,275 Joint Public Safety Facility Design and Construction Description: The Town and the Eagle River Fire Protection District partnered to construct a join Public Safety Facility at Lot 1B, Buck Creek PUD and is located at 60 Buck Creek Road. The project is currently under construction and is scheduled to be completed in September 2017. Budget: Design: $450,000 Construction: $6,320,855 Fiber Connection from Avon Regional Transit Facility to Public Safety Facility Description: This project will extend fiber optic cable from the Avon Regional Transit Facility to the Public Safety Facility. This will enable the Public Safety Facility to be connected to the town’s network without having to pay for a new access port from an internet service provider generating significant yearly savings. Budget 2017 $141,305 Fleet Maintenance Facility EPDM Roof Replacement Solar Panels Description: EPDM roofs have an expected life span of 20-years and the existing room will reach its expected life in 2018. This project will replace the EPDM roof with a similar material. As part of the project, solar photovoltaic panels will be installed. Budget: 2022 $725,000 APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 9 Transit Bus Stop Shelters Description: This project will place bus shelters at four locations including City Market, Stonebridge Drive, Avon Elementary School and Buffalo Ridge apartments. Budget: 2015 $19,382 2016 $130,833 Transit Bus Stop - Traer Creek Plaza Description: This project will place an ECO Transit Style bus shelter at Traer Creek Plaza in East Avon. ECO Transit will provide for 50% of the funding. Budget: 2015 $8,980 2016 $51,020 Transit Bus Stop – Eaglebend/US Hwy. 6 Description: This project will place an ECO Transit Style bus shelter at the Eaglebend/US Hwy 6 bus stop as part of the Eagle Valley Trail project. Budget: 2016 $48,000 Fleet Maintenance Building Improvements Description: This project included an overhaul of the buildings HVAC system. Budget: 2016 $98,050 Avon Regional Transit Facility Door Repairs Description: This project improved the reliability and safety of the large garage doors into the bus storage area and bus wash. Budget: $55,000 Avon Regional Transportation Facility Solar Photovoltaic Panels Description: This project will install solar photovoltaic panels on the Avon Regional Transportation Facility roof, meeting the Climate Action Plan goals. Budget: $325,000 Recreation Center Slide Refurbishment Description: The slide in the pool area is due to be refurbished and the project includes painting the flume and repair the metal stairs where there has been excessive rust from the chlorine treated pool water. Budget: 2015 $23,730 2016 $35,270 Recreation Center Fitness Floor Description: The flooring material in the fitness/workout area is 20-years old and past its design life and includes the removal and replacement of the flooring material except in the newly remodeled area. Budget: 2017 $75,000 Nottingham Park Pavilion – Retractable Door Description: Replacement of the stage curtain with a retractable door allowing more flexibility during inclement weather and repair water several leaks into the pavilion basement. Budget: 2016 $180,000 APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 10 Avon Elementary School Parking Lot Description: In partnership with the Eagle County School District, the parking lot at Avon Elementary School was resurfaced. The parking lot is a shared facility for employees and guests to the school and for Nottingham Park. APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 11 Land and Land Improvements Nottingham Park – Zone C Improvements - Playground Description: This project will replace the existing playground equipment with a new facility east of the existing location. The Park Master Plan recommended moving the playground to the current location of the restrooms. The new playground is currently being designed and construction is scheduled in 2017. Staff will seek out grant opportunities in 2016 to assist with funding the playground. Budget: 2014 $3,966 2016 $71,034 2017 $798,300 Nottingham Park – Remodel Restrooms Description: The existing restrooms are due for a remodel because of their location in the park and the on-going vandalism that occurs in the facility. The remodel will incorporate vandalism resistant fixtures and security features. Budget: 2016 $21,027 2017 $327,403 Nottingham Park – Athletic Field Replacement Description: The replacement of the 15-year old turf is also overdue. Most sand based athletic fields have a life span of 10-15 years under normal wear and tear and with yearly maintenance (aeration, fertilizing, top-dressing and over-seeding). Due to wear and tear from events such as Lacrosse, Soccer, Pond Hockey, concerts, etc., the turf has been replaced in sections causing thin spots which have an impact on athletic play as well as overall aesthetics. Also, athletic field technology has advanced in the last 15 years to the point that sand based fields are no longer recommended. The new standard is for a sand/soil hybrid which stands up to use better. Budget: 2018 $335,000 Nottingham Park Fishing Pier Repairs Description: The fishing pier deck was removed from the supporting piers by ice and snow during the 2014 to 2015 winter. This project reattached the deck and reinforced the piers to handle the ice and snow loads in the future. Budget: 2015 $44,632 Whitewater Park Repairs Description: The whitewater park experienced some changes as a result of the last several years spring runoff. The features need to be updated to make them enjoyable and effective. Budget: 2017 $10,000 2018 $80,000 Eagle Bend Affordable Housing Landscaping Description: Eagle Bend Affordable Housing development is improving the landscaping along Eaglebend Drive with adding trees and native bushes and flowering plants. The Town is contributing to half the cost since the Town removed a lot of landscaping as part of the Hurd Lane sidewalk project in 2007. Budget: 2016 $28,050 APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 12 Nottingham Park Light Upgrade Description: The existing lights were originally installed in 1980 and show signs of wear and tear along with not being energy efficient. The program will replace the lights with modern, LED bollard fixtures, similar to the ones installed around the pavilion and Main Street Mall. This is the first phase of a multi-year project and will install the bollards on the northside of the park. Budget: 2017 $125,000 Nottingham Park Porta-Potty Sheds Description: Since the installation of a beach on the north side of the park, there has been significant increase in the traffic in this area. Several port-a-potty’s have been installed in the area and this will enclose them in a more aesthetic manner appropriate for the park. This project has been delayed pending the outcome of the Town Owned Properties Master Plan and the Nottingham Park Landscape Plan. APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 13 Roads, Streetscape, and Trails Avon Road/I-70 Interchange Pedestrian Improvements Description: The pedestrian experience along Avon Road underneath I-70 is important because it connects the Nottingham Road trail, Swift Gulch Road trail and the Nottingham Road neighborhood with the Town Core. It has poor connectivity; light poles are obstructing pedestrian and bicycle traffic, and there are winter icing issues. The project will widen the path to the west separating it from traffic, replace the lighting and improve the safety in the area. Budget: 2016 $ 88,000 Metcalf Road Retaining Wall Stabilization Description: The sandstone cliff above Metcalf Road just prior to the upper switchback was not stabilized during its original construction. The cliff is made up of loose sandstone that is steadily eroding and causing the lot immediately above to gradually erode toward the existing structure’s foundations. This project will install a retaining wall to prevent further erosion of the steep slope. Budget: 2018 $ 20,000 2019 $80,000 Roundabout #4 Town Center West Art Element Description: This central roundabout requires a distinctive monument to identify the Avon core. A specialized piece will be designed and constructed in June 2017 and replace the 2015 World Cup Element. Budget: 2015 $10,525 2018 $20,000 2019 $230,000 2015 Avon Road Streetscape Update Description: The landscaping and streetscape was installed in 1998 and showed signs of wear. Also, some of the landscaping is not compatible with a high traffic environment and needs to be replaced with hardier species. The project repaired and updated the streetscape along with modifying the landscaping plan to include drought tolerant species that are compatible with a high traffic environment. Budget: 2015 $269,735 Post Boulevard Streetlight Replacement Description: The streetlights along Post Blvd are the old-style 40-foot tall lights that overspray light to areas that don’t require light. This project will replace the light poles with the style installed on Avon Road in 2014. Budget: 2022 $100,000 Post Blvd Irrigation Wet Well Description: The existing wet well was flooded and the equipment located in the vault was damaged. Staff is currently renegotiating the agreement with the property owner to allow the electrical equipment be installed above ground. Once the agreement is completed, the wet well will be repaired and electrical equipment placed above ground. Budget: $45,000 APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 14 Town of Avon Wayfinding Description: Currently there is only minimal wayfinding throughout the Town of Avon. This project includes improving signage and wayfinding in Nottingham Park, Recreation Center and the Town Center. Budget: 2016 $59,145 Mall Activation Elements Description Several elements are proposed to help activate the Main Street Mall. These include outdoor musical instruments and monuments to honor the history of Avon. Budget 2018 $20,000 Avon Road/I70 Interchange Aesthetic Improvements Description: The existing underpass consists of a patchwork of grey concrete that does not create the desired welcoming environment needed for tourists arriving to Avon. This project will improve the entry way with new landscaping, removal of the concrete panels, and signage. Budget: 2017 $25,000 2019 $230,000 APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 15 STREET IMPROVEMENTS Annual Paving/Road Improvements Description: The Town’s annual street resurfacing and pavement maintenance program generally consists of asphalt overlays, slurry seals and related surface treatments such as curb and gutter, storm drainage repair, ADA Ramp updates and guardrail replacement or adjustment. The program includes a 5-year slurry seal rotation and 20-year rebuild rotation for the roads. The paving locations are determined annually based on the Asphalt Paving Association rating system. 2017 projects include microsurfacing West Beaver Creek Blvd and paving Beaver Creek Place, East Benchmark Road and Nottingham Road. 2018 projects include paving Yoder Ave., Fawcett Ave. and Eaglebend Drive. Budget: 2017 $1,967,738 2018 $1,200,000 2019 $200,000 2020 $350,000 2021 $350,000 2022 $350,000 Annual Guardrail Maintenance Improvements Description: The majority of the guardrail in Avon was installed when the roads were constructed in the 1970’s and early 1980’s. The guard rail is in poor condition and needs major maintenance. This project will fund yearly maintenance for the next four years. Budget: $40,000/year Retaining wall repairs, Nottingham Road and Swift Gulch Road Description: The retaining walls along the bike path paralleling Nottingham Road and Swift Gulch Road are starting to show signs of deterioration. This project will provide repairs and maintenance to ensure the longevity. Budget: 2018 $50,000 2016 Safety Improvements – West Beaver Creek Blvd Description: Improve the safety for pedestrians and bicyclists along West Beaver Creek Blvd from Lake Street to Beaver Creek Place. The improvements include pedestrian crossings, bike lanes, bollards and planters. Budget: 2016 $75,000 West Beaver Creek Blvd Railroad Crossing Improvements Description: Currently there the sidewalk along West Beaver Creek Blvd does not cross the railroad right- of-way creating a safety concern for pedestrians. This project will install sidewalks creating a cohesive network in that neighborhood. The project will start once the agreements with the Union Pacific Railroad have been obtained. Budget 2016 $5,970 2017 $104,030 Nottingham Road Pedestrian Crossings (3) Descriptions Currently there are not adequate ways for the residences along Nottingham Road to access the Nottingham Road bike path because of the guardrail. This project will remove sections of guardrail; install impact attenuators and a 6-foot wide paved path from the road to the trail. Budget 2017 $60,000 APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 16 2017 Safety Improvements – West Beaver Creek Blvd Description: After completing a design test and analyses in 2016, this project tests the final proposed design in 2017 prior to the construction of the 2018 West Beaver Creek Blvd. streetscape project. Budget: 2017 $35,000 Metcalf Road Bike Climbing Lane and Asphalt Overlay Description: Construct a 6-foot wide bicycle climbing lane from Nottingham Road to Wildwood Road to improve safety for bicyclists. A downhill lane is not required because the bicyclists can ride fast enough down-hill with traffic. A full asphalt overlay is included from Nottingham Road to Wildwood Road. Budget: 2016 $1,082,300 Eagle Valley Trails Phase 1 and 2 Description: Project included construction of a pedestrian/bike bridge over the Eagle River and Beaver Creek along with the associated trail. Budget: 2014 $1,068,756 Eagle Valley Trails Phase 3 – Avon Road to Stonebridge (CDOT Funded) Description: The final phase of the trail will be completed in 2016. CDOT grant funds will provide $1,350,000 of the project costs and ECO Trails will provide $453,534. The project will also underground the powerlines along US6 which will be paid for from Holy Cross Energy Community Enhancement Funds. Budget: 2014 $10,341 2015 $39,659 2016 $2,410,000 2016 $100,000 – Undergrounding Powerlines West and East Beaver Creek Blvd Reconstruction Description: This project will improve East and West Beaver Creek Blvd to become less of a car oriented street to a more pedestrian and bicycle oriented street. Improvements will include road narrowing, on-street parking, enhanced pedestrian and bicyclists, and intersection improvements. Budget: 2015 $30,000 2016 $203,746 2017 $2,500,000 Soft and Hard Surface Trail Improvement Program Description: This is a multi-year program, similar to our street improvement program, which will create a multi-year funding source for new soft surface trails in and around Avon. Budget: 2016 $49,115 2017 $60,000 2018 $40,000 Metcalf Creek Rd., FS 7-779 Trailhead Design and Improvements Description: The current Forest Service Road 7-779, also known as Metcalf Creek Road, is very steep, erosive and the trailhead parking lot is inadequate. This project will realign the portion of the road on Town property and construct a parking lot for summer and winter users. Budget: 2021 $25,000 2022 $235,000 APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 17 Water Pump House Pump Replacement Description: The Nottingham Park Irrigation Pump-house needs several improvements that will help improve efficiency and extend pump life. Currently, the pumps are not the same size. Upsizing the smaller pump to match the primary pump will allow the pumps to alternate on a weekly basis, which will extend the life of both pumps by more evenly matching working hours. The addition of new pump monitors (i.e., low flow alarms, high flow or break alarms, and a flow meter) will help to conserve water by allowing the irrigation system to monitor watering use and adjust flow based on local weather data and type of landscaping. A VFD drive will lessen the impacts of the startup process by slowly bring the systems flow and pressure online based on demand, thus reducing breaks and damage to the system. Budget: 2016 $129,796 Nottingham Road Debris Flow Study and Implementation Description: Currently after large rainstorms, the runoff transports large amounts of mud and debris on Nottingham Road, overwhelming the ditches and closing the road. This project started with a study analyzing the drainages and proposing remediation alternatives. In 2018 and 2019 project will be implemented that will reduce the amount of sediment deposited on Nottingham Road, causing road closures. Budget: 2017 $25,000 2018 $125,000 2019 $300,000 APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 18 Communications and Technology Full Court Software System Description: Currently all tickets issued by the police department are manually written out by the officer at the time the ticket is issued. The ticket is then manually entered into the Intergraph system that the police department uses for ticket tracking purposes. The ticket is then also manually entered into the Sleuth court system so the ticket can be tracked in the Avon Municipal Court application. An electronic ticketing solution would allow officers to scan the driver’s license and all of that data would be captured electronically to a handheld device. The officer can complete the ticket on the device, print out a hard copy to give to the citizen and they are done. The electronic information can then be downloaded from the hand held device and automatically interfaced to the Integraph and Sleuth Court system which would eliminate all of the duplication of effort that exists today in both systems. Status: This project is scheduled for a 2016 installation Budget: 2016 $31,648 Timekeeping Software and Peripheral Devices Description: The timekeeping software assists in monitoring employee time and attendance, control labor costs, help minimize compliance risks and improve workforce productivity through data collection. Budget: Project $35,333 APPENDIX G - CAPITAL PROJECT DESCRIPTIONS _____________________________________________________________________________________________________________________________________________________________________________________ Section IV, Page 19 Strategic Planning Tract G and other Town Facilities Planning Study Description: The project examined existing Town facilities, including Tract G, 375 Yoder Ave. and the Public Works complex at 500 Swift Gulch Road and in order to develop a long term plan for the facilities. Budget: $24,801 Tract G Core & Parking Plan Description: This is a follow up to the 2014 Town Facilities planning study. It includes professional services to assist in preparing final land use development plans for town owned properties including Tract G, 375 Yoder Ave., 500 Swift Gulch Rd, and the Wildridge Fire Station. In addition, the plan will include a Parking Study for the Town Commercial Core Area. The consultant will take lead in providing land use development options, coordinating the community input process, and developing and assisting with the preparation and approval of final development plans. Budget: 2016 $75,000 AVON URBAN RENEWAL AUTHORITY REPORT To: Board Chairman and Commissioners From: Scott Wright, Avon URA Treasurer Date: September 26, 2017 Re: Budget Worksession – AURA 2018 Proposed Budget SUMMARY Attached is the proposed Avon Urban Renewal Authority 2018 proposed budget along with the final revised budget for 2017. The Avon Urban Renewal Fund is used to account for the activities of redevelopment undertaken by the Authority including issuing debt and constructing public improvements. No action on this budget is necessary on September 26. The date of the anticipated public hearing and adoption of the budget is October 24, 2017. Details and highlights of the proposed budget are as follows: • The AURA’s main source of annual revenue is property tax increment revenues for urban renewal plan areas within the Town. Currently, the only plan area within the Town is the Town Center West Urban Renewal Plan Area which was created in 2008. Plan areas have a life of 25 years whereby property tax increment revenues can be collected. • The Authority is considered a separate legal entity from the Town and is authorized by the Colorado Urban Renewal Act. For the most part, the budgetary process for adopting the Authority budget parallels the Town’s. However, the Authority does not certify a mill levy. • The Authority’s budget summary will be included in the Town’s budget summary as a component unit of the Town. • Property tax increment revenues for 2018 are based upon an increment of $21,907,190 and an overlapping mill rate of 63.008. This represents an increase of $4,685,320 or 27.2% in the increment, and a 4.358 mill rate increase. The increases are due primarily to the construction of the Nexcore Medical Office Building along with market value increases in existing properties within the plan area. The mill rate increase is due to increases by the Eagle County School District RE-50J and the Eagle River Fire District. • Tax Increment Financing Bonds were issued in January, 2017 in the amount of $3 million for the new Town Hall tenant finish project. Debt service on these bonds will begin in 2018 and are estimated at approximately $248,000 per year for principal and interest over a 15 year term. • Absent the issuance of more debt, beginning in 2018 the AURA will have an ongoing surplus of approximately $533,000. • For 2018, $1.2 million of the surplus fund balance has been assigned for the New Town Hall project. ATTACHMENTS: Appendix A – Proposed 2018 Avon Urban Renewal Authority Budget, Pages 1-3 Page 1 Fund Summary Original or Final Prev. Amend.Revised Proposed Proposed Actual Budget Budget Budget Budget 2016 2017 2017 2018 2019 REVENUES Taxes 1,026,249$ 1,000,832$ 1,124,116$ 1,419,328$ 1,419,328$ Investment Earnings 4,085 4,712 6,282 7,853 9,424 Total Operating Revenues 1,030,334 1,005,544 1,130,398 1,427,181 1,428,752 Other Sources Debt Issuance Proceeds - 3,000,000 3,000,000 - - TOTAL REVENUES 1,030,334 4,005,544 4,130,398 1,427,181 1,428,752 EXPENDITURES Current: General Government - 3,450 3,450 3,450 1,000 Capital Improvements 32,603 - 40,000 - - Debt Service: Principal 410,000 545,000 564,637 576,079 595,998 Interest 218,240 282,569 282,253 271,907 252,556 Bond Issuance Costs - 90,000 81,625 - - Treasurer Fees 39,391 39,000 34,000 42,580 42,580 Fiscal Charges 300 500 500 500 500 Total Operating Expenditures 700,534 960,519 1,006,465 894,516 892,634 Other Uses Transfers Out - Capital Projects Fund - 2,900,000 2,918,375 80,000 - Transfers Out - Town Center West Mtc. Fund 50,000 - - - - Total Other Uses 50,000 2,900,000 2,918,375 80,000 - TOTAL EXPENDITURES 750,534 3,860,519 3,924,840 974,516 892,634 NET SOURCE (USE) OF FUNDS 279,800 145,025 205,558 452,665 536,118 FUND BALANCES, Beginning of Year 907,963 1,162,585 1,187,763 1,393,321 1,845,986 FUND BALANCES, End of Year 1,187,763$ 1,307,610$ 1,393,321$ 1,845,986$ 2,382,104$ FUND BALANCES: Restricted For: Debt Service 628,240$ 628,240$ 628,240$ 628,240$ 628,240$ Urban Renewal 559,523 679,370 765,081 17,746 553,864 Assigned For: New Town Hall - - - 1,200,000 1,200,000 TOTAL FUND BALANCES 1,187,763$ 1,307,610$ 1,393,321$ 1,845,986$ 2,382,104$ AVON URBAN RENEWAL AUTHORITY #22Summary Page 2 Debt Service Summary Original or Final Prev. Amend.Revised Adopted Proposed Account Actual Budget Budget Budget Budget Number Description 2016 2017 2017 2018 2019 DEBT SERVICE 932 Series 2013, Tax Increment Revenue Bonds 65101 Principal 410,000$ 395,000$ 395,000$ 410,000$ 425,000$ 65102 Interest 218,240 203,808 203,808 189,904 175,472 933 Series 2016, Tax Increment Revenue Bonds 65101 Principal - 150,000 169,637 166,079 170,998 65102 Interest - 78,761 78,445 82,003 77,084 Fiscal Charges 65104 Bond Issuance Charges - 90,000 81,625 - - 64303 Treasurer Fees 39,391 39,000 34,000 42,580 42,580 65103 Trustee Fees 300 500 500 500 500 60000 TOTAL DEBT SERVICE 667,931$ 957,069$ 963,015$ 891,066$ 891,634$ AVON URBAN RENEWAL AUTHORITY Debt Service Page 3 CIP Projects Inventory Original or Final Prev. Amend.Revised Adopted Proposed Account Actual Budget Budget Budget BudgetNumberDescription20162017201720182019 CAPITAL IMPROVEMENT PROJECTS Roads and Streets: Street Improvements: 32018 Nottingham Road Streetlights 32,603$ -$ -$ -$ -$ Roads and Streets:41007 Heat Recovery Study - - 40,000 - - Total Capital Improvement Projects 32,603$ -$ 40,000$ -$ -$ AVON URBAN RENEWAL AUTHORITYCapital Projects TOWN OF AVON, COLORADO MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET 1.CALL TO ORDER & ROLL CALL Chairman Fancher called the meeting to order at 9:00 p.m. A roll call was taken and Authority members present were Megan Burch, Amy Phillips, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Police Chief Greg Daly, Planning Director Matt Pielsticker, Fleet Director Rego Omerigic, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2.APPROVAL OF AGENDA There were no changes to the agenda. 3.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA No comments were made. 4.ACTION ITEM – CONSENT AGENDA Start Time: 00:48:31 Part Two 4.1. Approval of Resolution 17-01, Designating Locations for Posting the Notices of Public Meetings (Avon URA treasurer Scott Wright) 4.2. Approval of December 13, 2016 URA Meeting Minutes (Authority Clerk Debbie Hoppe) Authority member Gennett moved to approve the Consent Agenda. Authority member Phillips seconded the motion and it passed unanimously by those present. 5.ADJOURNMENT There being no further business to come before the Authority, Authority member Phillips moved to adjourn the regular meeting. Authority member Gennett seconded the motion and it passed unanimously by those present. The time was 9:01 p.m. RESPECTFULLY SUBMITTED: __________________________________________ Debbie Hoppe, Authority Clerk APPROVED: Jennie Fancher ________________________________ Sarah Smith Hymes ________________________________ Jake Wolf ________________________________ Megan Burch ________________________________ Matt Gennett ________________________________ Scott Prince ________________________________ Amy Phillips ______________________________ Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: IGA – Joint Public Safety Facility DATE: Sept. 21, 2017 SUMMARY: Attached is an updated and revised intergovernmental agreement (“IGA”) for the Joint Public Safety Facility. The IGA is between the Town of Avon on behalf of the Police Department and the Eagle River Fire Protection District. The IGA updates and replaces the IGA entered into on July 21, 2016. A REDLINE showing the changes from the 2016 is included with this memorandum. PROPOSED MOTION: “I move to approve the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT CONCERNING THE OWNERSHIP, OPERATION AND MAINTENANCE OF THE JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT dated September 26, 2017.” TERMS: The 2016 IGA contemplated that the parties would adopt a “Facility Management Plan” prior to occupying the facility. Rather than adopting a separate document, the parties felt that an updated IGA would better serve both the Town and Fire District for the long term. Therefore, the IGA was updated to delete provisions which have been performed and are no longer relevant, including terms for the transfer of property, financing, cooperation on construction, and vacation of the Avon Fire Station and Wildridge Fire Station. Terms including the warranty of the construction and the right of first refusal if either party seeks to convey its respective interest are retained in this IGA. New terms address the payment of utilities and general administration of the joint facility. Decision making is vested in the designated representative for each entity; however, if certain matters require additional input or if the representatives cannot agree, then a “working group” can convene, and if necessary, the governing body of each entity can address the matter. The IGA contemplates that the Facility Management Plan will be revisited annually and updated as appropriate. The IGA includes a matrix of Utilities and Maintenance responsibilities in Exhibit B. The parties sought to divide duties and cost allocation equitably. Exhibit C is an Annual Reserve Contribution Matrix. Each party may choose to not fund the annual capital reserve if a decline in revenues does not allow such contribution. Thank you, Eric ATTACHMENT A: Amended and Restated IGA ATTACHMENT B: REDLINE OF IGA M EMORANDUM & PLANNING, LLC {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 1 of 13 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT CONCERNING THE OWNERSHIP, OPERATION AND MAINTENANCE OF THE JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into on September 26, 2017, (“Effective Date”) by the TOWN OF AVON, a home rule municipal corporation of the State of Colorado (“Avon”) and the EAGLE RIVER FIRE PROTECTION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado organized under Title 32 of the Colorado Revised Statutes (the “Fire District”) (collectively, the “Parties,” and each individually a “Party”). RECITALS WHEREAS, the Fire District has acquired Lot 1B, Buck Creek PUD, as described and defined in the Plat recorded December 30, 2009, Reception No. 200927819, County of Eagle, State of Colorado Property (“Joint Public Safety Facility”) and subsequently acquired the Reconveyance Parcel as defined in the 2016 IGA, which are collectively referred to as the “Property”; and, WHEREAS, the Parties entered into an Intergovernmental Agreement Concerning the Ownership, Construction, Operations and Maintenance of the Joint Fire-Police Station Facility (“Joint Public Safety Facility”) on the Property, dated effective as of July 21, 2016 (the “2016 IGA”); and WHEREAS, under the 2016 IGA, the Fire District conveyed an undivided interest in the Property to Avon and the Parties constructed the Joint Public Safety Facility; and WHEREAS, in accordance with the terms of Section 12 of the 2016 IGA, the Parties are obligated to prepare a facility management plan to address the operation, maintenance, repair and replacement of Common Elements and Coordinated Unit Maintenance (as defined herein); and WHEREAS, the Parties desire to update the 2016 IGA to delete provisions which have been performed or completed and are no longer relevant, including the provisions concerning construction of the Joint Public Safety Facility and conveyance of an undivided interest in the Property to Avon and add additional provisions as appropriate and as set forth herein, and therefore desire to Amend and Restate the 2016 IGA in its entirety; and WHEREAS, this Agreement is authorized pursuant to §29-1-201 and §30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. NOW THEREFORE, in consideration of the covenants and mutual agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties hereto agree as follows: 1. Recitals Incorporated. The Parties agree that the recitals stated above are hereby incorporated into the terms of this Agreement. ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 2 of 13 2. Amendment and Replacement of 2016 IGAs. The 2016 IGA, as defined in the Recitals, is hereby amended and replaced in its entirety by this Agreement. 3. Definitions. a. Common Elements shall mean any property which is part of the Property and not included in Unit A or Unit B. Avon and the Fire District shall each have non-exclusive access and right to use and enjoy the Common Elements as defined in this Agreement. b. Construction Contracts means all contracts entered into by Avon and the Fire District related to the design and construction of the Joint Public Safety Facility, including but not limited to, the agreement for architectural services with Davis Partnership Architects, P.C. (AIA Document B101-2007, dated May 18, 2015) and the agreement for construction manager services (AIA Document A133-2009, dated July 15, 2016). c. Coordinated Unit Maintenance shall mean those elements of the individual Units which should be repaired simultaneously, including but not limited to the exterior walls of the Facility Structure. d. Effective Date shall mean the date stated in the first paragraph of this Agreement. e. Exhibits are described as follows and are attached hereto and made part of this Agreement: Exhibit A: Joint Public Safety Facility Plat Exhibit B: Maintenance and Utility Matrix Exhibit C: Annual Reserve Contribution Matrix f. Facility Management Plan or Plan shall mean the Facility Management Plan set forth in Section 7 of this Agreement and shall include Exhibit B and Exhibit C. g. Facility Structure shall mean the Joint Public Safety Facility building occupying the Property, but not including driveways, drive aprons, parking areas, retaining walls, landscape and other portions of the Property outside of the footprint of the building as construction, as is specifically described in Exhibit A attached to and made a part of this Agreement. h. Property shall mean Lot 1B, Buck Creek Subdivision, Filing No. 2, Avon, Colorado, dated July 15, 2016, and recorded on July 15, 2016 in the Eagle County Clerk and Recorder’s Office, Reception No. 201610880, with a physical address of 60 Buck Creek Road, Avon, CO 81620. i. Unit shall mean the physical portion or individual air space of the Facility Structure and Property designated for separate and exclusive use by a Party, the boundaries of which are defined in Exhibit A. ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 3 of 13 j. Work shall mean “Work” as defined in the Construction Contracts, as may be amended from time to time. 4. Warranties. The Parties agree to share information, promptly review and coordinate a demand to correct any Work pursuant to warranty provisions in the Construction Contracts. 5. Use and Occupancy of Units. a. Unit Description. The Facility Structure is divided in to Unit A, Unit B, and Common Elements, as described in Exhibit A. The Parties agree that upon completion of construction a revised Joint Public Safety Facility Plat shall be prepared, executed and recorded in the Eagle County Clerk and Recorder’s Office. b. Use and Occupancy of Units. The Fire District (including its lessees, assigns and tenants) shall have the exclusive use and enjoyment of Unit A and Avon (including its lessees, assigns and tenants) shall have the exclusive use and enjoyment of Unit B, subject to the terms of the Agreement. Each Party’s rights include the right to access the Unit, the right to use, access and enjoy the Common Elements, subject to the terms of this Agreement. The use of each Unit shall be incompliance with the Public Facility zone district regulations of Avon and other applicable local, state and federal regulations. c. Partition of Units. No Party may partition, subdivide or in any manner divide a Unit into two or more units without the approval of the other Party, which may be granted or withheld in such Party’s sole discretion, and which shall be subject to approval by of Avon in accordance with the Avon’s development, land use, building and other applicable regulations. d. Lease or Sublet. Each Party shall have the right to lease or sublet all or any portion of the Party’s assigned Unit provided that the use of such Unit is (1) in compliance with the terms of this Agreement, (2) in compliance with applicable local, state and federal regulations, and (3) is incompliance with the terms of any financing that creates an encumbrance on the Unit. Each Party shall remain responsible for any loss, damage or destruction which occurs during any such lease or sublet period as if such Party were occupying the assigned Unit. Nothing herein shall limit the ability of such Party from asserting claims against such tenants or other third parties who may be responsible to the Party leasing or subletting an assigned Unit. Notwithstanding the foregoing, no Party may lease or sublet any portion of its assigned Unit to an entity that is not a local government without receiving an opinion of bond or special counsel to the effect that such lease or sublease will not affect the tax- exempt status of any financing currently outstanding relating to the Joint Public Safety Facility. 6. Operation and Maintenance. a. No Impairment of Structural Soundness. Neither Party shall perform or permit any act or work that would impair the structural soundness or integrity of the Facility Structure or impair an easement, utility or Common Element. ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 4 of 13 b. Individual Units. Each Party agrees to maintain and repair its respective Unit as may be reasonably necessary to prevent damage to any Common Elements or the other Unit. c. Payment. Each Party shall make payment within thirty (30) days of receipt of an invoice for an operation, maintenance, repair or replacement expense that is divided between the Parties pursuant to Exhibit B, unless the Parties mutually agree to a different timeframe as set forth in Exhibit B. d. Insurance. The Parties agree to carry building insurance coverage for the Joint Public Safety Facility through either CIRSA, VFIS, or CSDP&LP or other Fire District insurer, whichever coverage is most comprehensive and reasonable in cost, in an amount that is not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal. Such coverage shall include property insurance on the Common Elements in an amount that is not less than the full insurable replacement cost of the Common Elements less applicable deductibles at the time the insurance is purchased and at each renewal, including general liability insurance on the Common Elements in the amount of at least $1,000,000 per occurrence and $1,000,000 aggregate. If this coverage is provided through CIRSA, the Fire District shall be named as an Additional Insured; if the coverage is provided through the VFIS or other Fire District, Avon shall be named as an Additional Insured. The cost of all of the aforementioned insurance coverage shall be divided between the Parties as detailed in Exhibit B. Additionally, if any portion of the insured property is encumbered by a lease purchase financing, any insurance with respect to property encumbered by such lease purchase financing shall name the trustee or similar party as an Additional Insured, if so required by the lease purchase financing. 7. General Plan Administration. a. Designated Representative. Avon designates the then current Police Chief, or his or her designee, as its “Designated Representative” who shall serve as the primary contact and shall verify concurrence on decisions in the performance of this Plan. The Fire District designates the then current Fire Chief, or his or her designee, as its “Designated Representative” who shall serve as the primary contact and shall verify concurrence on decisions in the performance of this Plan. b. General Maintenance, Repair and Replacement. For any Common Elements and Coordinated Unit Maintenance, the Parties agree that all improvements shall be maintained, promptly repaired, and replaced when deteriorated beyond repair. The Designated Representatives shall consult and mutually agree on the timing, scope and budgeting of maintenance, repairs and replacement of such improvements. The Parties agree to coordinate contracts for services as may be efficient and cost effective, including but not limited to the services set forth in Exhibit B. The Parties agree that damage or breakage which negatively impacts the use of a Unit or has the potential to result in additional damage to a Unit if not corrected shall be repaired or addressed as soon as practical. The Designated Representative of each Party shall promptly coordinate and cooperate with regard to decisions to maintain, repair and replace common elements and ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 5 of 13 maintenance, repair, of replacement a Party’s Unit which requires coordination with the other Party under this Agreement. c. Update to Plan and Annual Budget and Appropriation. The Parties, through their respective Designated Representatives, shall meet at least annually to review and update this Plan and to budget for the following year’s obligations under this Plan. Such initial meeting shall occur annually no later than June15th and any budget negotiations and updates to this Plan shall be completed annually no later than July 31st. Any policy updates to this Plan may be approved by the Designated Representative, without any additional actions or approvals by the Parties or their respective governing board. Such updates include amendments, revisions, deletions and additions as determined appropriate by the Designated Representatives to Exhibit B and Exhibit C. d. Working Group. If the Designated Representatives are unable to concur as to an update to this Plan or the Designated Representatives agree that such update is a material change to this Plan, a working group, consisting of representatives from each Party, as chosen by the respective Designated Representative, shall be convened (the “Working Group”). The Working Group shall work to resolve such referred issue and provide a recommendation to the Designated Representatives. The Designated Representatives shall take such recommendation under consideration and attempt to seek concurrence on such referred issue. If the Working Group is unable to agree on a recommendation or the Designated Representatives are unable to concur as to resolution of the referred issue after considering the Working Groups recommendation, such referred issue shall be brought to the Parties’ respective governing boards for negotiation and ultimate concurrence. e. Budget Approval. While the Parties’ Designated Representatives shall concur as to budget items related to this Plan, final approval of such budget items and appropriation for the same shall be made by the Parties’ respective governing boards. 8. Reserve Fund. The Parties agree to annually budget for and contribute to an internal reserve fund based upon an estimated life-cycle of capital improvements and some consideration for unexpected emergency expenditures. Such internal reserve contributions shall be in the amounts as described in Exhibit C. In the event a Parties’ overall revenues decrease substantially in any given year, such Party may reduce its contributions into its internal reserve fund to an amount that it deems appropriate. Such Party may continue to reduce its contributions until such time as its overall revenues are restored to revenue levels of the year that triggered the reduced contributions. 9. Additions, Expansions and Remodels. a. Additions and Expansions. Any proposed addition or expansion by a Party shall be subject to review and approval of the other Party within thirty (30) days of receipt of a complete set of plans unless the reviewing Party requests a reasonable amount of additional time for review, which approval shall not be unreasonably withheld. b. Remodels. Each Party shall have the right to redecorate, remodel or reconstruct the interior of such Party’s assigned Unit, provided that no reconstruction, redecoration or remodeling ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 6 of 13 shall be made without prior written consent of the other Party if it would affect structural members, Common Elements, or the exterior appearance of the Facility Structure. Each Party is responsible for securing all required governmental plan and permit approvals. c. Lease Financings. Any additions, expansions or remodels to any portion of the property which is encumbered by a lease purchase financing shall become part of the leased property as such term is defined in any lease documents if so provided in the lease documents. 10. Mechanics Liens. Subsequent to completion of the Facility Structure, no labor performed or materials furnished and incorporated into a Unit with the consent or request of the Unit owner shall be the basis for filing of a lien against the other Unit or the Common Elements, except as to the undivided interest of the Unit for which such labor or materials shall have been furnished. 11. Encumbrances. Each Party shall have the right to subject the respective Party’s Unit interest to encumbrances as may be reasonably required to use such Unit as a security interest for lease purchase financing, including but not limited to certificate of participation financing, subject to the following limitation and terms: a. The Party seeking to subject its Unit to an encumbrance for financing purposes shall provide written notice to the other Party at least forty-five (45) days in advance of the closing on the financing. b. The Party seeking financing shall provide copies of all financing documents to the other Party upon receipt of written request. Such copies shall be provided with a reasonable time for review, which shall not be less than five (5) business days. c. The terms of financing shall incorporate and be subject to the Right of First Refusal set forth in Section 16 below. d. Sections (a) and (b) above shall not apply to the lease purchase financing entered into by Avon in order to provide funds to finance the initial acquisition and construction of the Joint Public Safety Facility. 12. Sale or Disposition – Right of First Refusal. Each Party shall have a Right of First Refusal (“ROFR”) on the sale or disposition of the other Party’s undivided property interest. The transferring Party (“Transferring Party”) shall not transfer, assign, gift, sell, encumber or otherwise dispose (collectively “Transfer”) its undivided interest in the Property unless the Transferring Party complies in all respects with the provisions of this Section 12 and its sub- sections. a. Notice of a Bona Fide Offer. In the event that the Transferring Party desires to Transfer its undivided interest, or any portion thereof, in the Property to any third party (“Intended Transferee”), then the Transferring Party shall give to the other Party (“ Non-Transferring Party”) the first right to acquire such property interest on essentially the same written terms as agreed by such Intended Transferee. The Transferring Party shall first provide a written notice to the Non-Transferring Party of its intent to transfer its undivided interest in the Property, and shall include the written agreement between the Transferring Party and the Intended Transferee that includes all details of the proposed ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 7 of 13 transfer, including description of property to be transferred, amount of consideration and any terms for payment, form of deed, title exceptions, closing date, and any contingencies. b. Acceptance of ROFR. The Non-Transferring Party may elect to exercise the ROFR by tendering written notice on or before the ninetieth (90th) day after the date of receipt of the written notice and a complete written agreement defining terms for the transfer of a property interest. For the purpose of calculating the timeliness of Non-Transferring Party’s written notice to elect to exercise the ROFR, if the last day for such notice is on a Saturday, Sunday or legal holiday, then the last day for Non-Transferring Party to provide notice shall be the next business day. c. Transfer Terms. For the purposes of this Section 12, the term “Transfer Terms” shall mean: (i) in the case of sale, the price at which and the terms on which the Transferring Party desires to sell its interest in the Property to the Intended Transferee (provided however, if such terms and conditions include non-price terms not acceptable to the Non- Transferring Party, the Non-Transferring Party may elect to pay cash equivalents in case at the closing); and (ii) in the case of any Transfer other than a sale, a price equal to the fair market value of the interest in the Property, or portion thereof, to be transferred, as determined by a real estate appraiser selected by mutual agreement of the Parties. If the Parties are not able to mutually select an appraiser, then the Parties shall each select one appraiser and the selected appraisers shall select a third appraiser who shall determine the fair market value of the interest in the Property, or portion thereof, to be transferred. d. Property Closing. Notwithstanding the schedule stated in any written agreement executed by the Transferring Party to transfer such Party’s interest, or any portion thereof, in the Property to an Intended Transferee, the Non-Transferring Party shall have the right to close on the transfer of the Property, or portion thereof, on a date not sooner than one hundred and eighty (180) days after the date of providing written notice of election to exercise the ROFR. For the purpose of calculating the last date for closing hereunder, if the 180th day is on a Saturday, Sunday or legal holiday, then the last day for the Non-Transferring Party to close shall be the next business day. e. Disclosure of ROFR. Each Party agrees to disclose this ROFR and reference this Agreement and specifically the ROFR set forth in this Section 12 in any agreement to transfer its undivided interest in the Property, or any portion thereof. f. Lease Purchase or Certificate of Participation Financings. In the event that any portion of the Joint Public Safety Facility is encumbered by a lease purchase financing or certificate of participation financing, the lease or financing documents shall provide that the Non-Transferring Party is entitled to the ROFR. This section shall apply only in the event that no event of default or event of non-appropriation (as such terms may be defined in a lease purchase financing or certificate of participation financing) shall have occurred or be continuing. If such event of non-appropriation or event of default has occurred, Section 13 below shall apply. ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 8 of 13 g. Tax Exempt Status of Financings. Notwithstanding the above, no sale or disposition of either Party’s interest in the Joint Public Safety Facility shall occur if such transfer would, in the opinion of bond or special counsel, affect the tax-exempt status of any financing currently outstanding relating to the Joint Public Safety Facility. 13. Default, Right to Cure. In the event either Party should default by failing to budget and appropriate the funds necessary to make all payments due under any form of certificates of participation or lease purchase financing, the non-defaulting Party is hereby granted the right to cure any such default by payment or payments to the Lessee or the Trustee during the remaining term of the certificates of participation. In the event the non-defaulting Party pays the remaining obligation in full, the non-defaulting Party shall receive the property interest used for security which may be fee title or the remaining term of lease hold interest in the Joint Public Safety Facility under the terms of the certificates of participation or lease purchase financing from the record owner of such interest, either Avon, the Fire District or a Trustee for any certificates of participation or lease purchase financing. The property interest received by the non-defaulting Party or any successor, assignee or lessee of the non-defaulting Party shall be subject to the terms and provisions of this Agreement and any amendments thereto approved by the Parties, as well as the terms and provisions of the Facilities Management Plan then in effect. This Right to Cure shall be separate and distinct from any ROFR set forth in Section 12. 14. Default, Remedies. a. Default. A “breach” or “default” shall be defined as a failure to timely fulfill or perform a material obligation of this Agreement. b. Notice of Default. In the event of a default by a Party, the non-defaulting Party shall deliver written notice to the defaulting Party of such default, at the address specified for notices, and the defaulting Party shall have thirty (30) days from and after receipt of such notice to cure such default. If such default is not of a type which can be cured within such 30-day period and the defaulting Party gives written notice to the non-defaulting Party within such 30-day period that it is actively and diligently pursuing such cure, the defaulting Party shall have a reasonable period of time (not to exceed an additional one hundred fifty (150) additional days) given the nature of the default following the end of such 30-day period to cure such default, provided that such defaulting Party is at all times within such additional time period actively and diligently pursuing such cure. c. Remedies. In the event the default is not cured, the non-defaulting Party shall have the right to enforce the defaulting Party’s obligations by an action for any equitable remedy and/or action to recover damages. Each remedy is cumulative and in addition to every other remedy provided for in this Agreement, or otherwise existing in law, inequity or by statute. Any remedy available under this Agreement shall be subject to the provisions of any lease purchase financing agreements or certificate of participation agreements which may be outstanding related to the Joint Public Safety Facility. ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 9 of 13 15. Miscellaneous. a. Term. This Agreement shall continue in perpetuity until amended or terminated by mutual written agreement of the Parties. b. Tax Exempt Status of Financings. The Parties agree that neither Party shall take any action, or omit to take any action, that would affect the tax status of its respective financings which were utilized to finance the Joint Public Safety Facility project. c. Nonappropriation of any Lease. Nothing herein shall create any obligation of either Party to renew any lease beyond its then current fiscal year as provide in any financing documents relating to such lease financing. d. Runs with the Land. This Agreement shall be recorded in the Clerk and Recorder’s Office for Eagle County, Colorado. The provisions of this Agreement shall constitute covenants and servitudes that touch, attach to and run with the land comprising the Property and, the burdens and benefits of this Agreement shall bind and inure to the benefit of all estates and interest in the Property and all successors in interest to the Parties. e. No Third Party Beneficiaries. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Fire District and Avon, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of Avon, the Fire District, or any other entity not a party hereto. f. Severability. If any portion of this Intergovernmental Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. g. Amendments. This Agreement may be amended from time to time by a written agreement duly authorized and executed by both Parties to this Agreement; provided, however, that any amendment hereto shall not, in the opinion of bond or special counsel, affect the tax- exempt status of any obligation utilized by either Party to finance or re-finance the Joint Public Safety Facility. h. Survival of Terms. The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or affect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. i. Assignment. The Parties agree that neither Party hereto can assign this Agreement, or any right or obligation contained herein, to another party without the express written consent of the other Party and any attempt to do so shall be void and ineffective, with the exception that this sub-section shall not restrict a Party’s ability to encumber that Party’s Unit and pledge the Unit for security in accordance with Section 15. Encumbrances. ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 10 of 13 j. Complete Agreement. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. k. Governing Law, Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any District Court action shall be in Eagle County, Colorado. l. Indemnification. Avon, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Fire District or of any officer or employee thereof. Likewise, the Fire District, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of Avon or by any officer or employee thereof. Avon agrees to indemnify, defend and hold harmless to the extent allowed by law, the Fire District, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the Avon's intentional or negligent acts, errors or omissions or that of its· agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Fire District agrees to indemnify, defend and hold harmless to the extent allowed by law, Avon, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Fire District’s intentional or negligent acts, errors or omissions or that of its agents, officers, servants and employees, whether contractual or otherwise. m. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either Party, its officials, employees, contractors, or agents, or any other person acting on behalf of a Party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. n. Article X, Section 20/TABOR. The Parties understand and acknowledge that each Party is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of either Party are expressly dependent and conditioned upon the continuing availability of funds beyond the term of each respective Party’s current fiscal period ending upon the next succeeding December 31. Financial obligations of each Party payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of each Party, and other applicable law. o. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand- ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 11 of 13 delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, or sent via electronic transmission provided that such transmission is acknowledged by the receiving Party, addressed to the Parties as follows: TO ERFPD: The Eagle River Fire Protection District 351 Benchmark Road Post Office Box 7980 Avon, CO 81620 Attn: Fire District Chief E-Mail: kbauer@eagleriverfire.org with copy to: James P. Collins Collins, Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, CO 80228-1556 E-Mail: jcollins@cccfirm.com TO AVON: Town of Avon One Lake Street Post Office Box 975 Avon, CO 81620 Attn: Town Manager E-Mail: vegger@avon.org with copy to: Avon Town Attorney One Lake Street Post Office Box 975 Avon, CO 81620 E-Mail: ericheillaw@gmail.com [EXECUTION PAGE FOLLOWS] ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 12 of 13 EXECUTED as of the date first written above. TOWN OF AVON, COLORADO BY: ATTEST: _____________________________________ ______________________________ Jennie Fancher, Mayor Debbie Hoppe: Town Clerk APPROVED AS TO FORM: ____________________________________ Eric J. Heil, Esq., Avon Town Attorney ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Sept. 26, 2017 FINAL Page 13 of 13 EXECUTED as of the date first written above. EAGLE RIVER FIRE PROTECTION DISTRICT BY: ATTEST: ____________________________________ _____________________________ Clint Janssen, Chairperson John Halloran, Secretary APPROVED AS TO FORM: ____________________________________ James P. Collins, Esq. ATTACHMENT A: Joint Public Safety Facility IGA UP RE F. 1 6 C A 3 4 7 B 2 D E 5 SALLY PORT 114 HOLDING A 111 HOLDING B 112 BOOKING AREA 113 BACKUP GEAR 117 EVIDENCESTORAGE 108 5' - 0 "WORKSHOP119 WARM STORAGE 107 PPE 124 PPE DRYING 125 SCBA 120 SCBA STORAGE 118 FIELD EQUIPMENTSTORAGE 106 DECONTAM 103 REST ROOM 123 MEDICAL EMS 122 MECHANICAL 121 VEST. 104 WATER ENTRY102 STAIR ST2 7' - 10"18' - 6" 18' - 6" 60' - 3 "19' - 9" 124 ' - 10" 1 7' - 4"21' - 4" 35' - 7"74' - 3" ELEVATOREL1 ELECT115 ARMORY / READY 116 EVIDENCE INTAKE109 JANITOR 127 HOSE BIB CORRIDOR 131 VEST.128 VEST. 129 PD CORRIDOR 130 TRAINING / EGRESS TOWER ST1 2 6' - 10 1/8" 17' - 1 1/8 "EVIDENCE BAG &TAG 110 ERFPD: 7,598 GSF TOWN: 3,801 GSF SHARED: 977 GSF EXHIBIT A: JOINT PUBLIC SAFETY FACILITY PLATATTACHMENT A: Joint Public Safety Facility IGA REF. DN UP UP 1 6 C A 3 4 7 B 2 D E 5 REPORT200 JUV. LOUNGE 201 JUV. R.R. 202 PATROL OFFICES 203 PATROL BRIEFING 226 TRAINING /MEETING / EOC 206 LOBBY 210 SGT. 225 INVESTIGATIONS 223 VEST. 224 INTERVIEW222 ADMIN / RECORDSTECHS / WORK217 CHIEF OF POLICE 218 CONF.219 DEPUTY CHIEF220 7' - 10" 18' - 6" 18 ' - 6"60' - 3" 19' - 9" 124' - 10" 1 7' - 4" 2 1' - 4"35' - 7" 74' - 3" STAIR ST2 44' - 8" ELEVATOREL1 BREAK ROOM 221 STAFF R.R. 205 MEN 208 WOMEN 207 A / V204 SECURE FILES 215 SERVER ROOM 216 FRONT COUNTER213 COPY / MAIL 212 REPORT TAKING 214 JANITOR 209 LOCKER AREA230 FIRST AID /LACTATION231 CORRIDOR 240 CORRIDOR 240 CHANGING 227 CHANGING228 CHANGING229 CL. 211OPENTRAINING /EGRESS TOWER ST1 ERFPD: 6,868 GSF TOWN: 370 GSF SHARED: 158 GSF EXHIBIT A: JOINT PUBLIC SAFETY FACILITY PLATATTACHMENT A: Joint Public Safety Facility IGA DN R E F.RE F.REF.RE F.REF.REF.W/DW/DW/D1 6 C A 3 4 7 B 2 D E 5 BUNK 304 BUNK303 BUNK302 BUNK 305 RESTROOM 313 PATIO 326 WORK ROOM316 STAIR ST2 FITNESS 327 84' - 4 7/8" 7' - 1 0" 18 ' - 6 "18' - 6" 60' - 3" 19 ' - 9 "124 ' - 10" 1 7' - 4" 2 1' - 4"35' - 7" 7 4' - 3" CORRIDOR300OPEN DAYROOM 322 DINING 323 BUNK 308 BUNK 306 BUNK 301 SLIDE 319 JANITOR 320 TRAINING /EGRESS TOWERST1 ELEVATOR EL1 RESTROOM 314 STORAGE 321 RESTROOM 312 LAUNDRY317 1/2 BATH 318 VEST. 328 LT. OFFICE 310 LT. OFFICE309SERVER 311 PANTRY325 RESTROOM 315 BUNK 307 FIRE: 6,800 GSF EXHIBIT A: JOINT PUBLIC SAFETY FACILITY PLATATTACHMENT A: Joint Public Safety Facility IGA UPUP16CA347B2DE5SWIFT GULCH ROADBUCK CREEKBUCK CREEK LANENOTTINGHAM ROAD2901 Blake Street, Suite 100Denver, CO 80205303.861.8555Denver1ABCDE23456ABCDE123456DPA Project:Sheet Number:Sheet Title:Revisions Date No.Sheet InformationProject InformationOriginal Issuance DateConsultantCOPYRIGHT 2016 - DAVIS PARTNERSHIP, P.C.15914.00.000EAGLE RIVER FIRE / TOWN OF AVON PUBLIC SAFETY FACILITY 1 BUCK CREEK ROAD AVON, COLORADO 81620 05/20/16CONSTRUCTIONMARTIN/MARTINC O N S U L T I N G E N G I N E E R S0101 FAWCETT ROAD, SUITE 260, AVON, COLORADO 81620970.926.6007 MARTINMARTIN.COMSEE GENERAL NOTE 3007/26/16ASI-4108/22/16RFI - FC-016212/06/16RFI - FC-072304/05/17ADD SERVICE #64811C200HORIZONTAL CONTROLPLANGUTTER FL SHIFT DETAILEXHIBIT A: JOINT PUBLIC SAFETY FACILITY PLATATTACHMENT A: Joint Public Safety Facility IGA EXHIBIT B: MAINTENANCE AND UTILITY MATRIX Utilities Account Holder Invoice Formula Notes Water: Upper Eagle Regional Water Avon Each Party to pay based on proportion of usuage based on submeter Sewer: Eagle River Water and Sanitation Avon Each party to pay based on proportion of usuage based on water submeter Electric: Holy Cross ERFPD Cost split ERFPD 59% and Avon 41% Separate meters, Shared area on separate 3rd meter. Gas: Xcel ERFPD Heating based on sub-meters and Heat Pump Usage Phone: CenturyLink ERFPD Cost split ERFPD 59% and Avon 41%Elevator and Fire Alarm Diesel for Generator Avon Cost split ERFPD 59% and Avon 41% ERFPD will conduct weekly inspections. Avon will Internet and Cable: Comcast Avon/ERFPD Each Party to receive separate service and billing for respective Unit. Fiber Optic Line: Town of Avon Avon Avon to pay 100% of existing fiber optic line costs. Town of Avon Owned Fiber for Avon Uses Trash Avon Cost split ERFPD 50% and Avon 50% Assumption is that cans or 3 yard dumpster will have fixed cost and capacity for both Building Responsible Party Invoice Formula Notes Access Avon Cost of shared doors to be split ERFPD 50% and Avon 50%. Avon to program shared doors due to police security BDA Antenna ERFPD Cost Split ERFPD 50% and AVON 50% Electrical Mutual Cost and maintenance by respective Party for wiring or fixtures related to specific Unit. Cost of shared wiring or fixtures to be split ERFPD 59% Elevators Avon Split cost ERFPD 59% and Avon 41%. NWCOG service, monitoring contract, annual inspection Exterior Mutual Roofing, siding, and shared doors and windows cost to be shared ERFPD 59% and Avon 41%. Doors and Windows specific to a Unit shall be Fire Alarm ERFPD ERFPD 59% and AVON 41%Monitoring contract, annual Fire Sprinklers ERFPD Cost of shared wiring or fixtures to be split ERFPD 59% and AVON 41% Cost and maintenance by respective Party for wiring or Heating, Ventilation and Air Condition (HVAC) Systems Avon Proportionate chare of submeters for snowmelt/radiant zones; Cooling towner prorated based on HP usuage; Heating prorated on HP HVAC Water Quality Testing Avon Proportionate chare of submeters for snowmelt/radiant zones; Cooling towner prorated based on HP usuage; Heating prorated on HP Plumbing Mutual Cost of shared HVAC to be split ERFPD 59% and Avon 41%. After 2-years, split updated based on actual usage. Cost and maintenance by respective Party for respective equipment Pest Control Avon Cost split Based on 59% ERFPD and 41% Avon Oil/Water Seperator ERFPD ERFPD 91% and Avon 9% Building Insurance ERFPD Cost split Based on 59% ERFPD and 41% Avon Contents Insurance Individual Each entity is reponsible for insuring their own ATTACHMENT A: Joint Public Safety Facility IGA Site Responsible Party Invoice Formula Notes Parking Avon Cost Split ERFPD 25% and Avon 75% Snow removal, seal coating, striping, asphalt replacement Landscape Maintenance Avon Cost Split ERFPD 50% and Avon 50% Avon code landscaping requirement is based on size of building, so I used Retaining Walls Avon Cost Split ERFPD 25% and Avon 75% Prorated based on dedicated Storm Systems Avon Cost Split ERFPD 50% and Avon 50%Inspection and cleaning COST SPLIT ASSUMPTIONS ERFPD 59% AVON 41% EXTERIOR SITE MAINTENANCE, LANDSCAPING, LIGHTING ERFPD 50% AVON 50% PARKING LOT MAINTENANCE BY PARKING SPACES, SNOW REMOVAL, ASPHALTERFPD 25% AVON 75% SAND/WATER SEPERATOR MAINTENANCE SPLIT BY APPARATUS BAY SIZE AND SALLY PORT SIZEERFPD 91% AVON 9% BILLING BUILDING STRUCTURE & HVAC, BASED ON ACTUAL BUILDING SF AND CONSTRUCTION COSTS EACH ENTITY WILL BILL THE OTHER ENTITY QUARTERLY. A YEARLY AUDIT MAY BE REQUESTED BY EACH ENTITY AND BOTH PARTIES AGREE TO COOPERATE WITH THE AUDIT. BOTH PARTIES AGREE TO REVIST THE BILLING PROCESS AND SCHEDULE YEARLY. ATTACHMENT A: Joint Public Safety Facility IGA Note: Refer to Exhibit B for Cost Split LOCATION ITEM VALUE LIFECYCLE (yrs) LIFE LEFT (yrs) BUILDING EXTERIOR 1 2 3 4 5 6 7 8 9 10 11 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 OTHER Cooling Tower 80,000$ 25 25 80,000$ Balcony / Decks 50,000$ 10 10 50,000$ Windows 195,000$ 25 25 195,000$ Man Doors 87,000$ 10 10 87,000$ Bi-fold Doors 98,000$ 15 15 98,000$ TOA Sally Port Doors 7,000$ 10 10 7,000$ App Bay Garage Doors 35,000$ 15 15 35,000$ Fitness room garage doors 11,000$ 20 20 11,000$ Site Lighting 7,000$ 10 10 7,000$ Storm Drainage System 109,000$ 50 50 109,000$ Retaining Walls 96,000$ 50 50 96,000$ Elevator 113,000$ 20 20 113,000$ Gutters/Downspouts 60,000$ 15 15 60,000$ Metal Railings 37,000$ 20 20 37,000$ Paint/stain 23,000$ 5 5 23,000$ 23,000$ Trash Enclosure 5,000$ 15 15 5,000$ Sealcoat/Crack Fill 5,000$ 5 5 5,000$ 5,000$ Parking Lot 85,000$ 15 15 85,000$ Sally Port Drive 8,500$ 15 15 8,500$ Fire Aprons 45,000$ 15 15 45,000$ Sidewalks 35,000$ 15 15 35,000$ Snowmelted aprons 94,720$ 15 15 94,720$ Striping 1,000$ 5 5 1,000$ 1,000$ Landscaping 45,000$ 10 10 45,000$ Roofing - Shingles 120,000$ 20 20 120,000$ Roofing - EPDM 85,000$ 20 20 85,000$ Skylights 7,000$ 10 10 7,000$ Cementitious Siding 103,000$ 20 20 103,000$ Metal Siding 165,000$ 20 20 165,000$ Trim 25,000$ 20 20 25,000$ Irrigation System 10,000$ 10 10 10,000$ -$ -$ -$ -$ 29,000$ -$ -$ -$ -$ -$ 242,000$ #1,605,220$ LOCATION ITEM VALUE LIFECYCLE (yrs) LIFE LEFT (yrs) BUILDING INTERIOR 1 2 3 4 5 6 7 8 9 10 11 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 OTHER Access System 90,000$ 10 10 90,000$ Boilers Room 252,000$ 20 20 252,000$ HVAC Circulation Pumps 72,000$ 10 10 72,000$ Elevators 113,000$ 25 25 113,000$ Fire Alarms 162,000$ 25 25 162,000$ Sprinkler System 78,000$ 25 25 78,000$ Metal Stairs 74,750$ 25 25 74,750$ Corridors 25,000$ 10 10 25,000$ HVAC 1,018,340$ 20 20 1,018,340$ Light Fixtures 10,000$ 15 15 10,000$ Paint / Stain 25,000$ 5 5 25,000$ 25,000$ Other 0 0 -$ -$ -$ -$ 25,000$ -$ -$ -$ -$ -$ 212,000$ #1,708,090$ -$ -$ -$ -$ 54,000$ -$ -$ -$ -$ -$ 454,000$ #3,313,310$ EXHIBIT C: AVON PUBLIC SAFETY FACILITY Exterior Subtotal Interior Subtotal Building Reserve Total ATTACHMENT A: Joint Public Safety Facility IGA {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 1 of 19 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT CONCERNING THE OWNERSHIP, CONSTRUCTION, OPERATION AND MAINTENANCE OF THE JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into on July 21, 2016September 26, 2017, (“Effective Date”) by the Town of AvonTOWN OF AVON, a home rule municipal corporation of the State of Colorado (“Avon”) and the Eagle River Fire Protection DistrictEAGLE RIVER FIRE PROTECTION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado organized under Title 32 of the Colorado Revised Statutes (“(the “Fire District”) (collectively, the “Parties,” and each individually a “Party”). RECITALS WHEREAS, the Fire District has acquired Lot 1B, Buck Creek PUD, as described and defined in the Plat recorded December 30, 2009, Reception No. 200927819, County of Eagle, State of Colorado with the intent to design, finance and construct a joint regional fire station and Town of Avon police station on the Property (“Joint Public Safety Facility”);”) and subsequently acquired the Reconveyance Parcel as defined in the 2016 IGA, which are collectively referred to as the “Property”; and, WHEREAS, the Parties entered into an 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; which was amended by the MEMORANDUM OF AGREEMENT REGARDING COST SHARING FOR PROGRAMMING, DESIGN AND PRE-CONSTRUCTION MANAGEMENT OF A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT, dated June 9, 2015; and amended by SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT, dated January 11, 2016; and amended by the THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND EAGLE RIVER FIRE PROTECTION DISTICT, dated January 26, 2016; and amended by the FOURTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND EAGLE RIVER FIRE PROTECTION DISTRICT, dated February 2, 2016 (collectively referred to as the “2015 IGA”); and, WHEREAS, the Parties entered into an Intergovernmental Agreement Concerning the Ownership, Construction, Operations and Maintenance of the Joint Fire-Police Station Facility (“Joint Public Safety Facility”) on the Property, dated effective as of July 21, 2016 (the “2016 IGA”); and ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 2 of 19 WHEREAS, under the 2016 IGA, the Fire District conveyed an undivided interest in the Property to Avon and the Parties constructed the Joint Public Safety Facility; and WHEREAS, in accordance with the terms of the 2015 IGA, the Parties each referred a ballot measureSection 12 of the 2016 IGA, the Parties are obligated to prepare a facility management plan to address the operation, maintenance, repair and replacement of Common Elements and Coordinated Unit Maintenance (as defined herein); and WHEREAS, the Parties desire to update the 2016 IGA to delete provisions which have been performed or completed and are no longer relevant, including the provisions concerning construction financing to their respective electorates for consideration on May 3, 2016 and the respective voters for each Party approved the referred ballot measures; and,of the Joint Public Safety Facility and conveyance of an undivided interest in the Property to Avon and add additional provisions as appropriate and as set forth herein, and therefore desire to Amend and Restate the 2016 IGA in its entirety; and WHEREAS, the Parties desire to proceed with construction of a Joint Public Safety Facility and thereby desire to replace and supersede the 2015 IGA with this new Agreement to address various matters, including but not limited to conveyance of an undivided interest in the Property to the Town of Avon, closing on construction financing, orderly and efficient cooperation of a Construction Manager contract and Architectural Services contract, use and occupancy, operation and maintenance, and such other matters concerning each Party’s rights and obligations in the Joint Public Safety Facility; and, WHEREAS, the Parties acknowledge that each Party must close on its respective bond financing as a condition of proceeding with construction of the Joint Public Safety Facility and that the closing of each Party’s bond financing will necessarily require satisfaction of many pre-requisites, which the Parties desire to identify in this Agreement in order to promote the timely and orderly coordination of each Party’s efforts to facilitate closing of the bond financing and commencement of construction; and, WHEREAS, this Agreement is authorized pursuant to §29-1-201 and §30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. NOW THEREFORE, in consideration of the covenants and mutual agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties hereto agree as follows: Part 1 – Construction of Joint Public Safety Facility 1. Recitals Incorporated. The Parties agree that the recitals stated above are hereby incorporated into the terms of this Agreement. 2. Amendment and Replacement of 2016 IGAs. The 2016 IGA, as defined in the Recitals, is hereby amended and replaced in its entirety by this Agreement. 2.3. Definitions. ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 3 of 19 a. Architect shall mean Davis Partnership Architects, P.C. b. Change Order shall mean “Change Order” as defined in the Construction Contracts. c.a. Common Elements shall mean any property which is part of the Property and not included in Unit A or Unit B. Avon and the Fire District shall each have non-exclusive access and right to use and enjoy the Common Elements as defined in this Agreement. d.b. Construction Contracts means all contracts entered into by Avon and the Fire District related to the design and construction of the Joint Public Safety Facility, including but not limited to, the agreement for architectural services with Davis Partnership Architects, P.C. (AIA Document B101-2007, dated May 18, 2015) and the agreement for construction manager services (AIA Document A133-2009, dated July 15, 2016). e. Construction Manager shall mean Evans Chaffee Construction Group. f. Construction Manager Contract shall mean the AIA Document A133-2009, AIA Document A201-2007, including any documents referenced therein, and any addendum, Change Orders or amendments to such documents. g.c. Coordinated Unit Maintenance shall mean those elements of the individual Units which should be repaired simultaneously, including but not limited to the exterior walls of the Facility Structure. h.d. Effective Date shall mean the date stated in the first paragraph of this Agreement. e. Exhibits are described as follows and are attached hereto and made part of this Agreement: Exhibit A: Joint Public Safety Facility Plat Exhibit B: Maintenance and Utility Matrix Exhibit C: Annual Reserve Contribution Matrix f. Facility Management Plan or Plan shall mean the Facility Management Plan set forth in Section 7 of this Agreement and shall include Exhibit B and Exhibit C. i.g. Facility Structure shall mean the Joint Public Safety Facility building occupying the Property, but not including driveways, drive aprons, parking areas, retaining walls, landscape and other portions of the Property outside of the footprint of the building as construction, as is specifically described in Exhibit C: Joint Public Safety Facility PlatA attached to and made a part of this Agreement. j. Property Closing shall mean the date that the Fire District conveys an undivided interest in the Property to the Town of Avon. k.h. Property shall mean Lot 1B, Buck Creek Subdivision, Filing No. 2, Avon, Colorado, dated July 15, 2016, and recorded on July 15, 2016 in the Eagle County Clerk ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 4 of 19 and Recorder’s Office, Reception No. 201610880, with a physical address of 60 Buck Creek Road, Avon, CO 81620. l. Reconveyance Parcel shall mean the portion of Lot 1A, Buck Creek Subdivision, Filing No. 1, Avon, Colorado, in the amount of 4,479.00 square feet, more or less, as described in the Memorandum of Agreement, Lot 1A, Buck Creek Subdivision, Filing No. 1, dated June 8, 2015, and recorded in the Eagle County Clerk and Recorder’s Office, Reception No. 201510241 (“June 8, 2015 MOA”). m.i. Unit shall mean the physical portion or individual air space of the Facility Structure and Property designated for separate and exclusive use by a Party, the boundaries of which are defined in Exhibit C: Joint Public Safety Facility Plat.A. n.j. Work shall mean “Work” as defined in the Construction Contracts, as may be amended from time to time. 3. Amendment and Replacement of Prior IGAs. The 2015 IGA, as defined in the Recitals, is hereby amended and replaced in its entirety by this Agreement. 4. Conveyance of Real Property Interest. a. Terms and Pre-Conditions. Fire District and Avon acknowledge that an undivided in interest in the Property must be conveyed to Avon as a pre-requisite to Avon closing on its Certificate of Participation financing. b. Inclusion of Reconveyance Parcel. The Property shall include the Reconveyance Parcel. Fire District agrees to diligently pursue conveyance of the Reconveyance Parcel prior to the Property Closing in accordance with the terms of the June 8, 2015 MOA. c. Subdivision Replat. The Parties acknowledge that a subdivision replat shall be required to reflect the conveyance of the Reconveyance Parcel from Lot 1A, Buck Creek Subdivision, Filing No. 1, to Lot 1B. Fire District agrees to commission Gore Range Surveying LLC, or other surveyor, to prepare a replat of Lots 1A and 1B to reflect the conveyance of the Reconveyance Parcel to Lot 1B and agrees to provide an updated title insurance commitment. The Town agrees to prepare other subdivision application information and promptly review the subdivision application. Town agrees that it will not charge the Fire District or Avon MOB LLC (the owner of Lot 1A, Buck Creek Subdivision, Filing No. 1) application fees or costs for the subdivision replat application. Town anticipates that the subdivision application will be subject to administrative review and approval. d. Special Warranty Deed. The Fire District agrees to convey an undivided interest in the Property to the Town of Avon in materially the same form as the special warranty attached hereto as Exhibit A: Form of Special Warranty Deed, such that the Eagle River Fire Protection District and the Town of Avon shall own the Property as a Tenancy in Common with the Eagle River Fire Protection District owning a 55% undivided interest and the Town of Avon owning a 45% undivided interest in the Property, subject to the rights, ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 5 of 19 obligations and terms of this Agreement, for such consideration and with such credits as is defined in the 2015 IGA. e. Extinguishment of Promissory Note. Simultaneously with the conveyance of the undivided interest in the Property to the Town of Avon, Avon agrees that the Annual Appropriation Note, dated June 8, 2015, shall be satisfied in full and shall be released and terminated by Avon and the original of such Annual Appropriation Note shall be returned to the Fire District. Avon agrees to pay the balance of the amount payable to the Fire District for Avon’s share of the costs of the Property which is now fixed at Eight Hundred Fifty Two Thousand Forty Two and 23/100 Dollars ($852,042.33) after application of the remaining balance of the Annual Appropriate Note to such fixed amount. 5. Construction Financing. Avon and Fire District each represent to the other that each Party is using best efforts to proceed to closing on each Party’s respective financings on or about July 28, 2016, in order to enable construction to commence on August 10, 2016, or as soon thereafter as practicable. In the event financing for a party is not available by August 10, 2016, such party shall notify the other party and such party may make arrangements for payments to avoid or reduce delay in the commencement of the construction. 6. Waiver of Building Permit Fees. As summarized in Exhibit B, Avon agrees to waive building permit planning review fees and the Fire District agrees to waive fire sprinkler fees, fire alarm fees and fire impact fees related to the construction of the Facility Structure and Common Elements on the Property. 7. Construction. a. Cooperation. Each Party agrees to cooperate in good faith and coordinate with the other Party to perform in a timely manner as the Owner in the Construction Contracts, and further agrees to promptly notify the other Party of any circumstance or situation which may delay or affect the ability of such Party to perform in a timely manner as the Owner. b. Apportionment of Costs. The apportionment of costs for construction of the Joint Public Safety Facility, including but not limited to architectural services, pre-construction management services, and the Construction Manager Contract and other related services which arise from contracts entered into by both Avon and the Fire District, and the apportionment of construction costs, including but not limited to the agreement for architectural services which are based on Exhibit B: Apportioned Cost (“Apportioned Cost”) with respect to various identified portions of the project until adjusted pursuant to the terms of this Agreement, as may be amended from time to time. c. Payment Responsibility. All Contracts to which this Agreement is applicable shall state that Avon and the Fire District are each responsible and liable for payment and costs under such Construction Contracts only to the extent of each Party’s respective Apportioned Cost, or other apportionment as may be mutually agreed, and that the Parties are not jointly and severally liable for the entire cost of Construction Contracts. ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 6 of 19 d. Guaranteed Maximum Price. The Parties agree to review a Guaranteed Maximum Price proposal from the Construction Manager in accordance with §2.2 of A133 Agreement with the Construction Manager. Provided that the Apportioned Cost of the Guaranteed Maximum Price does not exceed the amount of funds each Party has appropriated, each Party agrees that acceptance of the Guaranteed Maximum Price proposal shall not be unreasonably withheld. The Parties may also agree to a Lump Sum Contract with the Construction Manager. e. Payments. The Parties each agree to receive, process and make payment in accordance with the terms of the Construction Contracts, provided that each Party’s payment shall be in the amount of the Apportioned Cost. The Parties agree that the Construction Manager Contract shall require the Construction Manager’s pay applications to include a cover sheet with a cost allocation of the portion of Work completed for each Party’s portion of the Joint Public Safety Facility. In the event either Party disputes a pay application or requests additional information or testing, such Party shall promptly notify the other Party. f. Change Orders. The Parties agree that the Construction Manager Contract shall require the Construction Manager to provide a cost allocation to each Party for every Change Order and that every Change Order will require the signature of the Construction Manager, the Architect, Town of Avon and Eagle River Fire Protection District. The Party not requesting a Change Order may object to a Change Order requested by the other Party if (1) such Change Order increases cost of construction or projected operation and maintenance costs for the non-requesting Party, (2) the Change Order would result in delay of the completion of construction, or (3) the Changer Order would adversely affect the programming for the non-requesting Party; otherwise, each Party’s approval and signature of Changes Orders shall not be unreasonably withheld or delayed. g. Adjustment to Apportionment of Costs. The Parties agree that the Apportioned Cost shall be adjusted when the actual designs for the Joint Public Safety Facility indicate a different square footage and different ratio of shared space, police department and fire department space. Such adjustment shall be applied to work performed from the date of adoption of a replacement Exhibit B-(x): Apportioned Cost, unless another method of allocation is mutually determined appropriate. The updated replacement Exhibit B-(x): Apportioned Cost shall automatically replace and supersede any previously adopted Exhibit B-(x): Apportioned Cost and shall automatically become a part of this Agreement. Any updated replacement Exhibit B-(x): Apportioned Cost shall be numbered sequentially to denote the most updated version (e.g. B-1, B-2). The Parties agree to work cooperatively in good faith to consider the equitable allocation of cost to each Party for any change in the design, which may be based on square footage as depicted in Exhibit B-1: Apportioned Cost or may be based on another method or formula as mutually determined appropriate to achieve the purpose of this Agreement. The Parties agree that any additional cost resulting from a Change Order or amendment to any Construction Contracts which is requested by, and which primarily concerns, one Party shall be paid for by such Party and shall not change or affect the Apportioned Cost for the remainder of the Construction Contracts unless the Parties mutually agree that another method or formula is appropriate. ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 7 of 19 h. Utilities. In the event that any utilities must be ordered or installed prior to the preparation of a Facility Management Plan, the Parties agree to meet and determine in writing the cost allocation, account holder, and other matters related to such utility which shall then become incorporated into the Facility Management Plan. i. Final Payment. Each Party shall follow and complete all applicable requirements, including publication of Notice of Final Payment, before making final payment to the Construction Manager for its portion of the cost of the Joint Public Safety Facility. 8.4. Warranties. The Parties agree to share information, promptly review and coordinate a demand to correct any Work pursuant to warranty provisions in the Construction Contracts. 9. Termination of Tenancy and Vacation of the Wildridge Station. Avon may terminate the District’s tenancy of the Wildridge Fire Station 90 days after the earlier to occur of Avon issuing a Temporary Certificate of Occupancy or issuing a Final Certificate of Occupancy to the District for the Regional Avon Fire Station. The Parties agree that this Agreement and the issuance of Temporary Certificate of Occupancy or Final Certificate shall serve as all required legal notice. The District agrees to remove all personal property from the premises not owned by the Avon and to clean the premises to commercial reasonable standards prior to vacating the premises. 10. Termination of Lease and Vacation of the Avon Fire Station. Avon may terminate its existing lease with the District for the Avon Fire Station District 90 days after the earlier to occur of Avon issuing a Temporary Certificate of Occupancy or issuing a Final Certificate of Occupancy to the District for the Regional Avon Fire Station. The Parties agree that this Agreement and the issuance of Temporary Certificate of Occupancy or Final Certificate shall serve as all required notice under the applicable lease. The District agrees to remove all personal property from the premises not owned by the Avon and to clean the premises to commercial reasonable standards prior to vacating the premises. Part 2 – Use and Occupancy of Joint Public Safety Facility 11.5. Use and Occupancy of Units. a. Unit Description. The Facility Structure is divided in to Unit A, Unit B, and Common Elements, as described in Exhibit C: Joint Public Safety Facility Plat.A. The Parties agree that upon completion of construction a revised Joint Public Safety Facility Plat shall be prepared, executed and recorded in the Eagle County Clerk and Recorder’s Office. b. Use and Occupancy of Units. The Fire District (including its lessees, assigns and tenants) shall have the exclusive use and enjoyment of Unit A and Avon (including its lessees, assigns and tenants) shall have the exclusive use and enjoyment of Unit B, subject to the terms of the Agreement. Each Party’s rights include the right to access the Unit, the right to use, access and enjoy the Common Elements, subject to the terms of this Agreement. The use of each Unit shall be incompliance with the Public Facility zone district regulations of the Town of Avon and other applicable local, state and federal regulations. c. Partition of Units. No Party may partition, subdivide or in any manner divide a Unit into two or more units without the approval of the other Party, which may be granted or ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 8 of 19 withheld in such Party’s sole discretion, and which shall be subject to approval by the Town of Avon in accordance with the Town’sAvon’s development, land use, building and other applicable regulations. d. Lease or Sublet. Each Party shall have the right to lease or sublet all or any portion of the Party’s assigned Unit provided that the use of such Unit is (1) in compliance with the terms of this Agreement, (2) in compliance with applicable local, state and federal regulations, and (3) is incompliance with the terms of any financing that creates an encumbrance on the Unit. Each Party shall remain responsible for any loss, damage or destruction which occurs during any such lease or sublet period as if such Party were occupying the assigned Unit. Nothing herein shall limit the ability of such Party from asserting claims against such tenants or other third parties who may be responsible to the Party leasing or subletting an assigned Unit. Notwithstanding the foregoing, no Party may lease or sublet any portion of its assigned Unit to an entity that is not a local government without receiving an opinion of bond or special counsel to the effect that such lease or sublease will not affect the tax- exempt status of any financing currently outstanding relating to the Joint Public Safety Facility. 12.6. Operation and Maintenance. a. No Impairment of Structural Soundness. Neither Party shall perform or permit any act or work that would impair the structural soundness or integrity of the Facility Structure or impair an easement, utility or Common Element. b. Facility Management Plan. The Parties agree to prepare a Facility Management Plan on or before July 1, 2017, which Facility Management Plan will address the operation, maintenance, repair and replacement of the Common Elements and Coordinated Unit Maintenance. The Parties agree to meet on an annual basis to review and update the Facility Management Plan. The Facility Management Plan may address any aspect of the operation, maintenance, repair and replacement of the Common Elements and Coordinated Unit Maintenance and may include agreements to establish funds for operation and maintenance and capital reserve funds for replacement, and the payment of invoices based on the Apportioned Costs. The Facility Management Plan shall include the following elements: i.b. Maintenance and Repair of Unit.Individual Units. Each Party agrees to maintain and repair its respective Unit as may be reasonably necessary to prevent damage to any Common Elements or the other Unit. ii.c. Payment. Each Party shall agree to make payment within thirty (30) days of receipt of an invoice for an operation, maintenance, repair or replacement expense that is divided between the Parties per the Apportioned Costpursuant to Exhibit B, unless the Parties mutually agree to a different timeframe in the Facilities Management Planas set forth in Exhibit B. iii. General Maintenance, Repair and Replacement. For any Common Elements the Parties agree that all improvements shall be maintained, promptly repaired, and ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 9 of 19 replaced when deteriorated beyond repair. The Parties shall consult and mutually agree on the timing, scope and budgeting of maintenance, repairs and replacement. The Parties agree to coordinate contracts for services as may be efficient and cost effective, including but not limited to: janitorial services, trash/recycling, and elevator maintenance and inspections. The Parties agree that damage or breakage which negatively impacts the use of a Unit or has the potential to result in additional damage to a Unit if not corrected shall be repaired or addressed as soon as practical. iv. Utilities. The Facilities Management Plan shall address all utility services for the Property, including defining portions of service lines which may be Common Elements, the use of metered service, the Party or Parties that may hold the utility service in its name, the methodology for apportioning utility charges, fees and costs, and such other matters that are appropriate. Utilities shall include, but not be limited to: water, sewer, natural gas, electric, electric, telephone, and internet. c.d.Insurance. The Parties agree to carry building insurance coverage for the Joint Public Safety Facility through either CIRSA, VFIS, or VFISCSDP&LP or other Fire District insurer, whichever coverage is most comprehensive and reasonable in cost, in an amount that is not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal. Such coverage shall include property insurance on the Common Elements in an amount that is not less than the full insurable replacement cost of the Common Elements less applicable deductibles at the time the insurance is purchased and at each renewal, including general liability insurance on the Common Elements in the amount of at least $1,000,000 per occurrence and $1,000,000 aggregate. If this coverage is provided through CIRSA, the Fire District shall be named as an Additional Insured; if the coverage is provided through the VFIS or other Fire District insurer, Avon shall be named as an Additional Insured. The cost of all of the aforementioned insurance coverage shall be divided between the Parties based upon the Apportioned Cost. as detailed in Exhibit B. Additionally, if any portion of the insured property is encumbered by a lease purchase financing, any insurance with respect to property encumbered by such lease purchase financing shall name the trustee or similar party as an Additional Insured, if so required by the lease purchase financing. 7. General Plan Administration. a. Designated Representative. Avon designates the then current Police Chief, or his or her designee, as its “Designated Representative” who shall serve as the primary contact and shall verify concurrence on decisions in the performance of this Plan. The Fire District designates the then current Fire Chief, or his or her designee, as its “Designated Representative” who shall serve as the primary contact and shall verify concurrence on decisions in the performance of this Plan. b. General Maintenance, Repair and Replacement. For any Common Elements and Coordinated Unit Maintenance, the Parties agree that all improvements shall be maintained, promptly repaired, and replaced when deteriorated beyond repair. The Designated Representatives shall consult and mutually agree on the timing, scope and budgeting of maintenance, repairs and replacement of such improvements. The Parties ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 10 of 19 agree to coordinate contracts for services as may be efficient and cost effective, including but not limited to the services set forth in Exhibit B. The Parties agree that damage or breakage which negatively impacts the use of a Unit or has the potential to result in additional damage to a Unit if not corrected shall be repaired or addressed as soon as practical. The Designated Representative of each Party shall promptly coordinate and cooperate with regard to decisions to maintain, repair and replace common elements and maintenance, repair, of replacement a Party’s Unit which requires coordination with the other Party under this Agreement. c. Update to Plan and Annual Budget and Appropriation. The Parties, through their respective Designated Representatives, shall meet at least annually to review and update this Plan and to budget for the following year’s obligations under this Plan. Such initial meeting shall occur annually no later than June15th and any budget negotiations and updates to this Plan shall be completed annually no later than July 31st. Any policy updates to this Plan may be approved by the Designated Representative, without any additional actions or approvals by the Parties or their respective governing board. Such updates include amendments, revisions, deletions and additions as determined appropriate by the Designated Representatives to Exhibit B and Exhibit C. d. Working Group. If the Designated Representatives are unable to concur as to an update to this Plan or the Designated Representatives agree that such update is a material change to this Plan, a working group, consisting of representatives from each Party, as chosen by the respective Designated Representative, shall be convened (the “Working Group”). The Working Group shall work to resolve such referred issue and provide a recommendation to the Designated Representatives. The Designated Representatives shall take such recommendation under consideration and attempt to seek concurrence on such referred issue. If the Working Group is unable to agree on a recommendation or the Designated Representatives are unable to concur as to resolution of the referred issue after considering the Working Groups recommendation, such referred issue shall be brought to the Parties’ respective governing boards for negotiation and ultimate concurrence. e. Budget Approval. While the Parties’ Designated Representatives shall concur as to budget items related to this Plan, final approval of such budget items and appropriation for the same shall be made by the Parties’ respective governing boards. 8. Reserve Fund. The Parties agree to annually budget for and contribute to an internal reserve fund based upon an estimated life-cycle of capital improvements and some consideration for unexpected emergency expenditures. Such internal reserve contributions shall be in the amounts as described in Exhibit C. In the event a Parties’ overall revenues decrease substantially in any given year, such Party may reduce its contributions into its internal reserve fund to an amount that it deems appropriate. Such Party may continue to reduce its contributions until such time as its overall revenues are restored to revenue levels of the year that triggered the reduced contributions. 13.9. Additions, Expansions and Remodels. ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 11 of 19 a. Additions and Expansions. Any proposed addition or expansion by a Party shall be subject to review and approval of the other Party within thirty (30) days of receipt of a complete set of plans unless the reviewing Party requests a reasonable amount of additional time for review, which approval shall not be unreasonably withheld. b. Remodels. Each Party shall have the right to redecorate, remodel or reconstruct the interior of such Party’s assigned Unit, provided that no reconstruction, redecoration or remodeling shall be made without prior written consent of the other Party if it would affect structural members, Common Elements, or the exterior appearance of the Facility Structure. Each Party is responsible for securing all required governmental plan and permit approvals. c. Lease Financings. Any additions, expansions or remodels to any portion of the property which is encumbered by a lease purchase financing shall become part of the leased property as such term is defined in any lease documents if so provided in the lease documents. 14.10. Mechanics Liens. Subsequent to completion of the Facility Structure, no labor performed or materials furnished and incorporated into a Unit with the consent or request of the Unit owner shall be the basis for filing of a lien against the other Unit or the Common Elements, except as to the undivided interest of the Unit for which such labor or materials shall have been furnished. 15.11. Encumbrances. Each Party shall have the right to subject the respective Party’s Unit interest to encumbrances as may be reasonably required to use such Unit as a security interest for lease purchase financing, including but not limited to certificate of participation financing, subject to the following limitation and terms: a. The Party seeking to subject its Unit to an encumbrance for financing purposes shall provide written notice to the other Party at least forty-five (45) days in advance of the closing on the financing. b. The Party seeking financing shall provide copies of all financing documents to the other Party upon receipt of written request. Such copies shall be provided with a reasonable time for review, which shall not be less than five (5) business days. c. The terms of financing shall incorporate and be subject to the Right of First Refusal set forth in Section 16 below. d. Sections (a) and (b) above shall not apply to the lease purchase financing entered into by Avon in order to provide funds to finance the initial acquisition and construction of the Joint Public Safety Facility. 16.12. Sale or Disposition – Right of First Refusal. Each Party shall have a Right of First Refusal (“ROFR”) on the sale or disposition of the other Party’s undivided property interest. The transferring Party (“Transferring Party”) shall not transfer, assign, gift, sell, encumber or otherwise dispose (collectively “Transfer”) its undivided interest in the Property unless the Transferring Party complies in all respects with the provisions of this Section 1612 and its sub- sections. ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 12 of 19 a. Notice of a Bona Fide Offer. In the event that the Transferring Party desires to Transfer its undivided interest, or any portion thereof, in the Property to any third party (“Intended Transferee”), then the Transferring Party shall give to the other Party (“ Non-Transferring Party”) the first right to acquire such property interest on essentially the same written terms as agreed by such Intended Transferee. The Transferring Party shall first provide a written notice to the Non-Transferring Party of its intent to transfer its undivided interest in the Property, and shall include the written agreement between the Transferring Party and the Intended Transferee that includes all details of the proposed transfer, including description of property to be transferred, amount of consideration and any terms for payment, form of deed, title exceptions, closing date, and any contingencies. b. Acceptance of ROFR. The Non-Transferring Party may elect to exercise the ROFR by tendering written notice on or before the ninetieth (90th) day after the date of receipt of the written notice and a complete written agreement defining terms for the transfer of a property interest. For the purpose of calculating the timeliness of Non-Transferring Party’s written notice to elect to exercise the ROFR, if the last day for such notice is on a Saturday, Sunday or legal holiday, then the last day for Non-Transferring Party to provide notice shall be the next business day. c. Transfer Terms. For the purposes of this Section 1612, the term “Transfer Terms” shall mean: (i) in the case of sale, the price at which and the terms on which the Transferring Party desires to sell its interest in the Property to the Intended Transferee (provided however, if such terms and conditions include non-price terms not acceptable to the Non-Transferring Party, the Non-Transferring Party may elect to pay cash equivalents in case at the closing); and (ii) in the case of any Transfer other than a sale, a price equal to the fair market value of the interest in the Property, or portion thereof, to be transferred, as determined by a real estate appraiser selected by mutual agreement of the Parties. If the Parties are not able to mutually select an appraiser, then the Parties shall each select one appraiser and the selected appraisers shall select a third appraiser who shall determine the fair market value of the interest in the Property, or portion thereof, to be transferred. d. Property Closing. Notwithstanding the schedule stated in any written agreement executed by the Transferring Party to transfer such Party’s interest, or any portion thereof, in the Property to an Intended Transferee, the Non-Transferring Party shall have the right to close on the transfer of the Property, or portion thereof, on a date not sooner than one hundred and eighty (180) days after the date of providing written notice of election to exercise the ROFR. For the purpose of calculating the last date for closing hereunder, if the 180th day is on a Saturday, Sunday or legal holiday, then the last day for the Non-Transferring Party to close shall be the next business day. e. Disclosure of ROFR. Each Party agrees to disclose this ROFR and reference this Agreement and specifically the ROFR set forth in this Section 1612 in any agreement to transfer its undivided interest in the Property, or any portion thereof. ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 13 of 19 f. Lease Purchase or Certificate of Participation Financings. In the event that any portion of the Joint Public Safety Facility is encumbered by a lease purchase financing or certificate of participation financing, the lease or financing documents shall provide that the Non-Transferring Party is entitled to the ROFR. This section shall apply only in the event that no event of default or event of non-appropriation (as such terms may be defined in a lease purchase financing or certificate of participation financing) shall have occurred or be continuing. If such event of non-appropriation or event of default has occurred, Section 1713 below shall apply. g. Tax Exempt Status of Financings. Notwithstanding the above, no sale or disposition of either Party’s interest in the Joint Public Safety Facility shall occur if such transfer would, in the opinion of bond or special counsel, affect the tax-exempt status of any financing currently outstanding relating to the Joint Public Safety Facility. 17.13. Default, Right to Cure. In the event either Party should default by failing to budget and appropriate the funds necessary to make all payments due under any form of certificates of participation or lease purchase financing, the non-defaulting Party is hereby granted the right to cure any such default by payment or payments to the Lessee or the Trustee during the remaining term of the certificates of participation. In the event the non-defaulting Party pays the remaining obligation in full, the non-defaulting Party shall receive the property interest used for security which may be fee title or the remaining term of lease hold interest in the Joint Public Safety Facility under the terms of the certificates of participation or lease purchase financing from the record owner of such interest, either Avon, the Fire District or a Trustee for any certificates of participation or lease purchase financing. The property interest received by the non-defaulting Party or any successor, assignee or lessee of the non-defaulting Party shall be subject to the terms and provisions of this Agreement and any amendments thereto approved by the Parties, as well as the terms and provisions of anythe Facilities Management Plan then in effect. This Right to Cure shall be separate and distinct from any ROFR set forth in Section 1612. 18.14. Default, Remedies. a. Default. A “breach” or “default” shall be defined as a failure to timely fulfill or perform a material obligation of this Agreement. b. Notice of Default. In the event of a default by a Party, the non-defaulting Party shall deliver written notice to the defaulting Party of such default, at the address specified for notices, and the defaulting Party shall have thirty (30) days from and after receipt of such notice to cure such default. If such default is not of a type which can be cured within such 30-day period and the defaulting Party gives written notice to the non-defaulting Party within such 30-day period that it is actively and diligently pursuing such cure, the defaulting Party shall have a reasonable period of time (not to exceed an additional one hundred fifty (150) additional days) given the nature of the default following the end of such 30-day period to cure such default, provided that such defaulting Party is at all times within such additional time period actively and diligently pursuing such cure. c. Remedies. In the event the default is not cured, the non-defaulting Party shall have the right to enforce the defaulting Party’s obligations by an action for any equitable remedy ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 14 of 19 and/or action to recover damages. Each remedy is cumulative and in addition to every other remedy provided for in this Agreement, or otherwise existing in law, inequity or by statute. Any remedy available under this Agreement shall be subject to the provisions of any lease purchase financing agreements or certificate of participation agreements which may be outstanding related to the Joint Public Safety Facility. Part 3 – General Terms 19.15. Miscellaneous. a. Term. This Agreement shall continue in perpetuity until amended or terminated by mutual written agreement of the Parties. b. Tax Exempt Status of Financings:. The Parties agree that neither Party shall take any action, or omit to take any action, that would affect the tax status of its respective financings which were utilized to finance the Joint Public Safety Facility project. c. Nonappropriation of any Lease. Nothing herein shall create any obligation of either Party to renew any lease beyond its then current fiscal year as provide in any financing documents relating to such lease financing. d. Runs with the Land. This Agreement shall be recorded in the Clerk and Recorder’s Office for Eagle County, Colorado. The provisions of this Agreement shall constitute covenants and servitudes that touch, attach to and run with the land comprising the Property and, the burdens and benefits of this Agreement shall bind and inure to the benefit of all estates and interest in the Property and all successors in interest to the Parties. e. No Third Party Beneficiaries. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Fire District and the TownAvon, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the TownAvon, the Fire District, or any other entity not a party hereto. f. Severability. If any portion of this Intergovernmental Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. g. Amendments. This Agreement may be amended from time to time by a written agreement duly authorized and executed by both Parties to this Agreement; provided, however, that any amendment hereto shall not, in the opinion of bond or special counsel, affect the tax- exempt status of any obligation utilized by either Party to finance or re-finance the Joint Public Safety Facility. ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 15 of 19 h. Survival of Terms. The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or affect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. i. Assignment. The Parties agree that neither Party hereto can assign this Agreement, or any right or obligation contained herein, to another party without the express written consent of the other Party and any attempt to do so shall be void and ineffective, with the exception that this sub-section shall not restrict a Party’s ability to encumber that Party’s Unit and pledge the Unit for security in accordance with Section 15. Encumbrances. j. Complete Agreement. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. k. Governing Law, Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any District Court action shall be in Eagle County, Colorado. l. Indemnification. Avon, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Fire District or of any officer or employee thereof. Likewise, the Fire District, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of Avon or by any officer or employee thereof. Avon agrees to indemnify, defend and hold harmless to the extent allowed by law, the Fire District, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the Avon's intentional or negligent acts, errors or omissions or that of its· agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Fire District agrees to indemnify, defend and hold harmless to the extent allowed by law, Avon, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Fire District’s intentional or negligent acts, errors or omissions or that of its agents, officers, servants and employees, whether contractual or otherwise. m. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either Party, its officials, employees, contractors, or agents, or any other person acting on behalf of a Party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. n. Article X, Section 20/TABOR. The Parties understand and acknowledge that each Party is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 16 of 19 year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of either Party are expressly dependent and conditioned upon the continuing availability of funds beyond the term of each respective Party’s current fiscal period ending upon the next succeeding December 31. Financial obligations of each Party payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of each Party, and other applicable law. n.o. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, or sent via electronic transmission provided that such transmission is acknowledged by the receiving Party, addressed to the Parties as follows: TO ERFPD: The Eagle River Fire Protection District 351 Benchmark Road Post Office Box 7980 Avon, CO 81620 Attn: Fire District Chief E-Mail: kbauer@eagleriverfire.org with copy to: James P. Collins Collins, Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, CO 80228-1556 E-Mail: jcollins@cccfirm.com TO AVON: Town of Avon One Lake Street Post Office Box 975 Avon, CO 81620 Attn: Town Manager E-Mail: vegger@avon.org with copy to: Avon Town Attorney One Lake Street ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 17 of 19 Post Office Box 975 Avon, CO 81620 E-Mail: eric@heillawericheillaw@gmail.com [EXECUTION PAGE FOLLOWS] ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 18 of 19 EXECUTED as of the date first written above. TOWN OF AVON, COLORADO BY: ATTEST: _____________________________________ ______________________________ Jennie Fancher, Mayor Debbie Hoppe: Town Clerk APPROVED AS TO FORM: ____________________________________ Eric J. Heil, Esq., Avon Town Attorney ATTACHMENT B: IGA Redline {00582828.DOCX / } ERFPD-Avon IGA Ownership & Operation Sept. 26, 2017 FINAL July 21, 2016 Page 19 of 19 EXECUTED as of the date first written above. EAGLE RIVER FIRE PROTECTION DISTRICT BY: ATTEST: ____________________________________ _____________________________ Clint Janssen, Chairperson John Halloran, Secretary APPROVED AS TO FORM: ____________________________________ James P. Collins, Esq. ATTACHMENT B: IGA Redline TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Date: September 26, 2017 Topic: Review and Action to Remove the Disc Golf Course from Harry A. Nottingham Park and Direction to Town Staff to Evaluate Development of a Course on other Town- Owned Property, if Feasible ACTION BEFORE COUNCIL Council is asked to discuss and take action to remove the disc golf course from Harry A. Nottingham Park. In addition, Council is asked to provide direction to staff on whether to evaluate the development of a disc golf course on another Town-owned property. RECOMMENDED MOTION: I move to direct Town staff to remove the Harry A. Nottingham disc golf course, as soon as possible. Staff should evaluate other Town properties for location of a disc golf course, if feasible. BACKGROUND Over the course of its lifespan in Harry A. Nottingham Park, the disc golf course has been a source of contention among a number of residents who are near the disc course and players on the course. Holes have been reconfigured and staff has worked with players on proper behaviors and park etiquette. Complaints continue to be lodged and include foul language, public urination, errant discs hitting residential units, discs becoming lodged on roof tops and trespassing to retrieve discs. While not completed, the Town Owned Properties Development Plan, recommends removal of the Park’s disc course, with comments citing it as an incompatible use and in the wrong location. STAFF RECOMMENDATION Staff recommends that the disc golf course be removed from Harry A. Nottingham Park, as soon as possible. Staff will make an effort to evaluate other potential sites for relocation. Recreation Director John Curutchet will be present for this action item. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger Date: September 26, 2017 Topic: REVIEW AND ACTION ON RESOLUTION 17-20 OPPOSING THE RESCISSION OF DACA ACTION BEFORE COUNCIL Council is asked to discuss and take action on Resolution 17-20 Opposing the Rescission of DACA. RECOMMENDED MOTION: I move to adopt Resolution 17-20 Opposing the Rescission of DACA. BACKGROUND At Town Council’s September 12th meeting, Mr. Steve Coyer requested during Public Comment the Avon Town Council consider taking action in support of DACA children and provide Council’s position to Colorado’s federal senators and our respective representative. Town Attorney Eric Heil has prepared the attached Resolution for your consideration. Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Resolution No. 17-20 Opposing the Rescission of DACA DATE: September 21, 2017 SUMMARY: Resolution No. 17-20 Opposing the Rescission of DACA is presented to Council for its consideration. President Trump announced on September 5, 2017 that he is phasing out the 2012 Obama administration executive order to create the Deferred Action for Childhood Arrivals (“DACA”) and has provided approximately 6 months for the U.S. Congress to adopt legislation addressing immigration reform. A copy of the official White House statement is attached to this memorandum. This statement was issued in response to an ultimatum from 10 states that threatened to add claims to pending immigration law litigation that the DACA executive order was illegal. The 10 states, led by the Texas Attorney General, including: Alabama, Arkansas, Kansas, Louisiana, Nebraska, South Carolina, Tennessee, Idaho, and West Virginia. The day after the issuance of the statement by the Trump Administration, the 15 states and the District of Columbia filed a lawsuit against President Trump claiming that the rescission of DACA would violate Equal Protection and Due Process clauses of the U.S. Constitution, would violate the Administrative Procedure Act and would violate the Regulatory Flexibility Act. The 15 states include New York, Massachusetts, Washington, Connecticut, Delaware, Hawaii, Illinois, Iowa, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia. Governor Hickenlooper recently announced that Colorado would join this lawsuit opposing the rescission of DACA. PROPOSED MOTION: “I move to adopt Resolution No. 17-20 Opposing the Rescission of DACA.” Thank you, Eric ATTACHMENT A: Resolution No. 17-20 ATTACHMENT B: Sept. 5, 2017 White House Statement M EMORANDUM & PLANNING, LLC Res. 17-20 Opposing Rescission of DACA September 26, 2017 Page 1 of 2 TOWN OF AVON, COLORADO RESOLUTION 17-20 OPPOSING THE RESCISION OF DACA WHEREAS, in June 2012, President Barack Obama established Deferred Action for Childhood Arrivals (“DACA”), for immigrants who came to the United States as children (“Dreamers”), and created the opportunity to apply for temporary residence and eligibility for a work permit in the United States; and Whereas, President Obama said when creating the DACA program: “These are young people who study in our schools, they play in our neighborhoods, they’re friends with our kids, they pledge allegiance to our flag. They are Americans in their heart, in their minds, in every single way but one on paper”; and Whereas, 787,580 individuals have qualified for DACA status nationwide, which includes approximately 17,000 immigrants in Colorado; and WHEREAS, the State of Colorado has joined other states in a lawsuit against Donald Trump opposing the rescission of DACA; and Whereas, the immediate and foreseeable impacts of rescinding DACA would constitute unconscionable ethical impacts; and Whereas, ending the DACA program will break the trust of hundreds of thousands of young people who have provided confidential information to the federal government, making youth vulnerable to aggressive government raids, deprivation of liberty in detention centers, and life- altering deportations for children to countries where they are unfamiliar with the culture, language, and are separated from family and friends and their entire support networks; and Whereas, the Town of Avon firmly supports comprehensive immigration reform; and Whereas, DACA is but one small piece of immigration reform, but recognizes that maintaining DACA is critical and while our country continues to wait and wait for Congress to act to fix a broken immigration system; and Whereas, the Town of Avon values its ethnic, racial, linguistic, and socio-economic diversity which contributes to our strength and prosperity and we stand committed to ensuring that all our residents can live and pursue their livelihoods in peace and prosperity; and Whereas, the Town of Avon is not responsible for federal immigration activity within its jurisdiction and resists unconstitutional attempts to compel local jurisdictions to act as immigration agents, which diverts public resources, damages community trust, and endangers public safety by making residents fearful of calling police for critical safety services. The Town of Avon reaffirms its support for legal action and all means necessary to oppose such unconstitutional directives by the federal government; and ATTACHMENT A: Resolution No. 17-20 Res. 17-20 Opposing Rescission of DACA September 26, 2017 Page 2 of 2 THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town of Avon opposes all efforts to rescind the DACA program and urges Congress to act now to preserve DACA and pass comprehensive immigration reform; and Be It Further Resolved that the Town Clerk shall transmit a copy of this resolution to the appropriate Colorado Congressional delegation. INTRODUCED, READ, APPROVED AND ADOPTED this 26th day of September, 2017. By:____________________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk By:____________________________________ Sarah Smith-Hymes, Mayor Pro-Tem By:____________________________________ Meagan Burch, Council member By:____________________________________ Matt Gennett, Council member By:____________________________________ Amy Phillips, Council member By:____________________________________ Scott Prince, Council member By:____________________________________ Jake Wolf, Council member ATTACHMENT A: Resolution No. 17-20 The White House Office of the Press Secretary For Immediate Release September 05, 2017 Statement from President Donald J. Trump As President, my highest duty is to defend the American people and the Constitution of the United States of America. At the same time, I do not favor punishing children, most of whom are now adults, for the actions of their parents. But we must also recognize that we are nation of opportunity because we are a nation of laws. The legislative branch, not the executive branch, writes these laws – this is the bedrock of our Constitutional system, which I took a solemn oath to preserve, protect, and defend. In June of 2012, President Obama bypassed Congress to give work permits, social security numbers, and federal benefits to approximately 800,000 illegal immigrants currently between the ages of 15 and 36. The typical recipients of this executive amnesty, known as DACA, are in their twenties. Legislation offering these same benefits had been introduced in Congress on numerous occasions and rejected each time. In referencing the idea of creating new immigration rules unilaterally, President Obama admitted that “I can’t just do these things by myself” – and yet that is exactly what he did, making an end-run around Congress and violating the core tenets that sustain our Republic. Officials from 10 States are suing over the program, requiring my Administration to make a decision regarding its legality. The Attorney General of the United States, the Attorneys General of many states, and virtually all other top legal experts have advised that the program is unlawful and unconstitutional and cannot be successfully defended in court. There can be no path to principled immigration reform if the executive branch is able to rewrite or nullify federal laws at will. The temporary implementation of DACA by the Obama Administration, after Congress repeatedly rejected this amnesty-first approach, also helped spur a humanitarian crisis – the massive surge of unaccompanied minors from Central America including, in some cases, young people who would become members of violent gangs throughout our country, such as MS-13. ATTACHMENT B: White House Statement Only by the reliable enforcement of immigration law can we produce safe communities, a robust middle class, and economic fairness for all Americans. Therefore, in the best interests of our country, and in keeping with the obligations of my office, the Department of Homeland Security will begin an orderly transition and wind- down of DACA, one that provides minimum disruption. While new applications for work permits will not be accepted, all existing work permits will be honored until their date of expiration up to two full years from today. Furthermore, applications already in the pipeline will be processed, as will renewal applications for those facing near-term expiration. This is a gradual process, not a sudden phase out. Permits will not begin to expire for another six months, and will remain active for up to 24 months. Thus, in effect, I am not going to just cut DACA off, but rather provide a window of opportunity for Congress to finally act. Our enforcement priorities remain unchanged. We are focused on criminals, security threats, recent border-crossers, visa overstays, and repeat violators. I have advised the Department of Homeland Security that DACA recipients are not enforcement priorities unless they are criminals, are involved in criminal activity, or are members of a gang. The decades-long failure of Washington, D.C. to enforce federal immigration law has had both predictable and tragic consequences: lower wages and higher unemployment for American workers, substantial burdens on local schools and hospitals, the illicit entry of dangerous drugs and criminal cartels, and many billions of dollars a year in costs paid for by U.S. taxpayers. Yet few in Washington expressed any compassion for the millions of Americans victimized by this unfair system. Before we ask what is fair to illegal immigrants, we must also ask what is fair to American families, students, taxpayers, and jobseekers. Congress now has the opportunity to advance responsible immigration reform that puts American jobs and American security first. We are facing the symptom of a larger problem, illegal immigration, along with the many other chronic immigration problems Washington has left unsolved. We must reform our green card system, which now favors low-skilled immigration and puts immense strain on U.S. taxpayers. We must base future immigration on merit – we want those coming into the country to be able to support themselves financially, to contribute to our economy, and to love our country and the values it stands for. Under a merit-based system, citizens will enjoy higher employment, rising wages, and a stronger middle class. Senators Tom Cotton and David Perdue have introduced the RAISE Act, which would establish this merit-based system and produce lasting gains for the American People. I look forward to working with Republicans and Democrats in Congress to finally address all of these issues in a manner that puts the hardworking citizens of our country first. As I’ve said before, we will resolve the DACA issue with heart and compassion – but through the lawful Democratic process – while at the same time ensuring that any ATTACHMENT B: White House Statement immigration reform we adopt provides enduring benefits for the American citizens we were elected to serve. We must also have heart and compassion for unemployed, struggling, and forgotten Americans. Above all else, we must remember that young Americans have dreams too. Being in government means setting priorities. Our first and highest priority in advancing immigration reform must be to improve jobs, wages and security for American workers and their families. It is now time for Congress to act! ATTACHMENT B: White House Statement TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger, Town Manager Date: September 26, 2017 Topic: REVIEW AND ACTION ON INCREASING SPECIAL EVENTS FUNDING FOR THE 2017 MAN OF THE CLIFF AND BIRDS OF PREY EVENTS BACKGROUND: As was reported at Council’s September 12, 2017, regular meeting, the Ad Hoc Special Events Committee (AHSEC) has received two applications for 2017 funding: Man of the Cliff and Birds of Prey. These applications were received subsequent to the Town appropriating all funds budgeted for Avon Special Events. In that appropriation was $70,000.00, if needed, to underwrite the Ben Harper and the Innocent Criminals (BHIC) concert. The two funding requests, and past funding grants to these entities, are summarized in the table below. The AHSEC, in their applications’ review, passed motions to support each event’s in-kind request. In terms of cash funding, motions stated that the AHSEC would consider funding after the BHIC concert to see if any of the $70,000.00 would be available. Council asked that a funding item be placed on Tuesday’s agenda to review the funding available from BHIC and depending on that “return”, if any, to consider whether to appropriate new monies, if required to meet the applicants’ requests. BHIC ACTUAL REVENUES AND EXPENDITURES:* MAN OF THE CLIFF BIRDS OF PREY BEAVER CREEK WORLD CUP 2017 CASH - REQUESTED $6,000 $25,000 2016 CASH - GRANTED $7,000 $40,000 2015 CASH - GRANTED $7,000 $40,000 2017 IN-KIND - REQUESTED $3,500 Increased bus service 2016 IN KIND - GRANTED $3,500 Increased bus service 2015 IN KIND - GRANTED $4,000 Increased bus service TOWN SUPPORT TOTAL REVENUE $89,797 TOTAL EXPENSES $158,145 NET INCOME ($68,348) RETURN TO SPECIAL EVENTS RESERVE $1,652 ACTUALS REVENUES AND EXPENSES BEN HARPER & THE INNOCENT CRIMINALS 1,528 PAID ADMISSIONS Page 1 of 2 As shown in the table, $1,652.00 remains in the 2017 Special Events Reserve Fund. The total request from Man of the Cliff and Birds of Prey equals $31,000.00, requiring new funds of $29,348.00, if the events are fully funded. Should Council wish to appropriate more monies a recommended motion is provided. Monies are available in the General Fund Contingency, which has a balance of $194,493.00. MOTION: I move to appropriate $29,348.00 from the 2017 General Fund Contingency for potential funding of the Birds of Prey and/or Man of the Cliff 2017 event requests. The Ad Hoc Special Events Committee is authorized to make the determination with no additional Council action. * A full report on the BHIC concert will be provided to Town Council on October 13th. Page 2 of 2 Ordinance 17-14 Family definition Code Text Change 1 TOWN COUNCIL REPORT To: Honorable Jenny Fancher and Avon Town Council From: David McWilliams, Town Planner Matt Pielsticker, AICP, Planning Director Meeting Date: September 26, 2017 Agenda Topic: FIRST READING of Ordinance 17-14, Approving a Code Text Amendment Application amending Title 7: Development Code, and the definition of “Family” ACTION BEFORE COUNCIL Vote on first reading of Ordinance 17-14, Approving Title 7: Development Code Text Amendments, changing the definition of Family. PROPOSED MOTION “I move to approve first reading of Ordinance 17-12, thereby approving a Code Text Amendment Application amending Title 7: Development Code, and the definition of Family.” INTRODUCTION Community Development staff was recently made aware of a living situation that deviates from the definition of “Family”, found in Section 7.08, Avon Development Code. The Family definition ties back to the definition of Dwelling Unit, and prescribes the density permitted for a family living in a single-family, duplex or multi-family dwelling, or mixed used building. According to Section 7.08, Family is defined as follows: Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or (b) Any unrelated group of persons consisting of: (1) Not more than four (4) persons; or (2) Not more than two (2) unrelated adults and their children, if any; or (3) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. The applicant’s ability to provide the living arrangement of a traditional family of five plus a live- in child caretaker is currently prohibited. Upon receiving written notice from Town staff of the violation, the applicant’s representative, Inga Causey, agreed to the violation by executing a compliance agreement which admits to the violations allows time to seek remedies. The option to amend the code language for Family was pursued and a Code Text Amendment application was submitted and processed through the Planning and Zoning Commission (PZC). Ordinance 17-14 Family definition Code Text Change 2 The application sought to add “and not more than one additional person” to the above (current) definition of Family. The PZC conducted a public hearing and used the review criteria to recommend approval of the application, with edits, to the Town Council. This edited definition was agreed to by the applicant and added language that the additional person may include a domestic employee. The PZC recommended code language is as follows: Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship and not more than one additional person including the domestic employees thereof; or (b) Any unrelated group of persons consisting of: 1) Not more than four (4) persons; or 2) Not more than two (2) unrelated adults and their children and not more than one additional person including the domestic employees thereof, if any or . . . This modified definition is now before Council for final review and consideration by approval of an Ordinance (Exhibit A). The mandatory review criteria for Council to consider with this application are outlined within the PZC packet materials (Exhibit B). Additional public comments related to this application are also included as Exhibit C. AVAILABLE ACTIONS 1. No action. 2. Continue the First Reading to October 10 meeting. 3. Approve First Reading and set public hearing date for October 10, 2017 meeting. ATTACHMENTS  Exhibit A: Ordinance 17-14  Exhibit B: PZC Packet Materials and Recommendation  Exhibit C: Written Public Comments Ord. 17-12 – Amending Development Code: Family FIRST READING – September 26, 2017 Page 1 of 3 TOWN OF AVON ORDINANCE 17-14 APPROVING A CODE TEXT AMENDMENT APPLICATION FOR AMENDMENTS TO TITLE 7: DEVELOPMENT CODE; AND THE DEFINITION OF FAMILY WHEREAS, a property owner submitted an application (“Application”) to amend the definition of Family in the Avon Development Code (“ADC”), in accordance with Section 7.16.040 (a), ADC; WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held a public hearing on September 5, 2017, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation; WHEREAS, after conducting the noticed Public Hearing, PZC made the required findings to recommend approval of the application, with edits, to the Town Council; WHEREAS, the Town Council of the Town of Avon held a public hearings on October 10, 2017, after posting notice as required by law, considered all public comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment and found the Application in compliance with the review criteria, and specifically finds that the text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions and promotes the health, safety and general welfare of the Avon community; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code 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 the proposed zoning or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: EXHIBIT A: ORDINANCE 17-14 Ord. 17-12 – Amending Development Code: Family FIRST READING – September 26, 2017 Page 2 of 3 Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Chapter 7.08 Definitions. The definition of Family is amended to read as follows, with underline indicating language to be adopted: “Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship and not more than one additional person including the domestic employees thereof; or (b) Any unrelated group of persons consisting of: 1) Not more than four (4) persons; or 2) Not more than two (2) unrelated adults and their children and not more than one additional person including the domestic employees thereof, if any or. . .” Section 3. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary EXHIBIT A: ORDINANCE 17-14 Ord. 17-12 – Amending Development Code: Family FIRST READING – September 26, 2017 Page 3 of 3 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 7. 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 September 26, 2017 and setting such public hearing for October 10, 2017 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 October 10, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney EXHIBIT A: ORDINANCE 17-14 Case# CTA17003 Family Definition Public Hearing 1 To: Planning and Zoning Commission From: David McWilliams, Town Planner Matt Pielsticker, Planning Director Meeting Date: September 5, 2017 File: CTA17003 Topic: Code Text Amendment INTRODUCTION Staff was recently made aware of a living situation that deviates from the definition of a “Family”, found in AMC 7.08, which states: Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or (b) Any unrelated group of persons consisting of: (1) Not more than four (4) persons; or (2) Not more than two (2) unrelated adults and their children, if any; or (3) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. This definition governs the amount of people allowed to live in a dwelling unit (house) and prevents the living arrangement of a traditional family of five plus a live-in child caretaker. The Applicant in this case, Inga Causey, is representing clients who have this living arrangement. The applicant presented Exhibit A in the application process. The family proactively sought remedies that would allow their occupancy arrangement to continue. A Code Text Amendment is required due to the definition being separate from any development review procedure. The family has signed a “Compliance Agreement” which is a tool that allows staff the flexibility to forgo a Notice of Violation and subsequent legal action if the situation is remedied in a timely manner. Now, the Applicant proposes to modify the definition of a family, with changes in underlined red: Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship and not more than one additional person; or EXHIBIT B: PZC MATERIALS Case# CTA17003 Family Definition Public Hearing 2 (b) Any unrelated group of persons consisting of: (1) Not more than four (4) persons; or (2) Not more than two (2) unrelated adults and their children and not more than one additional person, if any or . . . The PZC shall conduct a public hearing and use the below timeline and criteria to recommend approval or denial of this application to the Town Council. Timeline CODE TEXT AMENDMENT REVIEW CRITERIA The review procedures for this application are governed by the Development Code. According to the AMC §7.16.040(c), Review Criteria, the PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety and general welfare of the Avon community; Staff Response: The expansion of the definition of a family generally coincides with societal expansion of living arrangements, reducing the proportion of households occupied by a “nuclear family”. Particularly in the mountain environment, nontraditional living and working situations arise from the pressures placed on people trying to afford living here. Child care is fundamental to the success of families in the valley, and living arrangements that promote reasonable flexibility should be the backbone of responsive government. While increasing occupancy arrangements may correspond to greater negative externalities, (parking, trash, noise, etc.) many of these issues are addressed in Avon Municipal Code or other regulations. The potential to increase family density may not be the right thing for every property or HOA in Avon, but the rules in place to regulate externalities should be allowed to function in those cases. Likewise, cases where the externalities will be low should not be prevented out of principle or for their own sake. (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: Providing attainable housing and child care for working families are two themes addressed in the Comprehensive Plan. Select language from the Comprehensive Plan demonstrates a vision of diverse housing arrangements and the provision of child care: EXHIBIT B: PZC MATERIALS Case# CTA17003 Family Definition Public Hearing 3  Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population  Policy E.1.3: Provide attainable housing through alternative means, including but not limited to: payment-in-lieu, land dedication, regulatory requirements, deed restrictions, waiver of development and building fees, and public-private partnerships that reduce the price of units.  Policy I.1.3: Encourage neighborhood and community-based childcare, senior care, and healthcare facilities. (3) The text amendment promotes or implements the purposes stated in the Development Code; or Staff Response: Language from the purposes statement of the Development Code relating to this Code Text Amendment application appears below:  (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town;  (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: The precipitating factors for expanding the definition of a family for occupancy purposes are usually student housing, elderly care, and child care. Nationwide, there are numerous ways that communities have grappled with this issue. Attached as Exhibit B is a list of example language from other municipalities that have more expansive family definitions than Avon. These examples are presented to show that if the PZC and Town Council feel that the family definition needs to be expanded, there are several options that have different costs and benefits. Some regulations require a “tenant” to live as if they were part of the family, such as sharing cooking responsibilities, having a single budget, or having no other dependents. Others require an application process similar to Avon’s Special Use Review to confirm these factors. Staff is generally in favor of the expansion for specific cases, like the one in this case, but feels that the administration of these nuisances could be difficult. That is, it is administratively difficult to seek and receive proof of a cohesive family dynamic within a house. A simple and concise definition (not unlike the one presented in this application) would be preferable to some of the more onerous ones presented in Exhibit B. PZC should carefully consider the consequences of this expansion before making their recommendation to Town Council. Staff recommends approval of this application as written due to its flexibility for residents and its ease of enforcement. AVAILABLE ACTIONS 1. Continue the Public Hearing pending additional information. 2. Approve Findings of Fact and Record of Decision recommending that the Town Council approve the application. EXHIBIT B: PZC MATERIALS Case# CTA17003 Family Definition Public Hearing 4 3. Approve Findings of Fact and Record of Decision recommending that the Town Council deny the application. RECOMMENDED MOTION “I move to recommend that the Avon Town Council approve Case #CTA17003, an application to amend and update the Avon Municipal Code, with the findings and fact and record of recommendation attached as Exhibit C to Staff’s report.” ATTACHMENTS  Exhibit A: Letter from the Applicant.  Exhibit B: Staff research of other Municipal Code language with expanded definitions of family.  Exhibit C: Draft Findings and fact and record of recommendation. EXHIBIT B: PZC MATERIALS Exhibit AEXHIBIT B: PZC MATERIALS Exhibit AEXHIBIT B: PZC MATERIALS Exhibit AEXHIBIT B: PZC MATERIALS Exhibit B Family Definitions that expand sizes: Fon du Lac, WI: Family. One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present: A. The group shares the entire dwelling unit; B. The group lives together as a single housekeeping unit; C. The group shares expenses for food, rent, utilities or other household expenses; D. The group is permanent and stable and not transient or temporary in nature; and E. Any other factor reasonably related to whether the group is the functional equivalent of a family. Ames, IA: Three or more people who are granted a Special Use Permit as a “functional family” pursuant to the special use permit procedures section of this ordinance. Special Use Permit for a functional family as provided for in this section after having determined that the application meets the following standards: a. The functional family shares a strong bond or commitment to a single purpose (e.g. religious orders); b. Members of the functional family are not legally dependent on others not part of the functional family; c. Can establish legal domicile as defined by Iowa law; d. Share a single household budget; e. Prepare food and eat together regularly; f. Share in the work to maintain the premises; and g. Legally share in the ownership or possession of the premises. Platteville, WI: Family: (a) Any number of persons, all of whom are related to each other by blood, adoption, marriage, legal guardianship, or domestic partnership formed under Wis. Stats. 770, along with up to two (2) roomers or boarders not so related, living together in one dwelling unit as a single housekeeping entity; (b) Not more than four (4) persons who are not related by blood, adoption, or marriage, living together in one dwelling unit as a single housekeeping entity; or EXHIBIT B: PZC MATERIALS Exhibit B (c) Two (2) unrelated individuals and any children of either or both of them living as a single housekeeping unit. Saint Paul, MN: Family. One (1) or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereof) together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Ann Arbor, MI: A dwelling unit may not be occupied by more persons than 1 of the following family living arrangements: (a) One or more persons related by blood, marriage, adoption or guardianship living as a single housekeeping unit, in all districts. (b) Four persons plus their offspring living as a single housekeeping unit, in all districts. (c) Six persons living as a single housekeeping unit in R4 districts. (d) A functional family living as a single housekeeping unit which has received a special exception use permit pursuant to section 5:104. EXHIBIT B: PZC MATERIALS PZC Recommendations: #CTA17003 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECCOMENDATION TO TOWN COUNCIL DATE OF DECISION: September 5, 2017 TYPE OF APPLICATION: Code Text Amendment PROPERTY LOCATION: Town Of Avon FILE NUMBER: #CTA17003 APPLICANT: Town of Avon These recommendations are made in accordance with the Avon Development Code (“Development Code”) §7.16.040(c): DECISION: Recommendation to approve the Title 7: Development Code Text Amendments. The motion passed unanimously, citing the following findings: 1.The text amendments were reviewed with the criteria listed in Section 7.16.04o(c), Review Criteria, and are found to be in substantial compliance as outlined in the staff report for the August 15, 2017 public hearing. 2.The code text amendments promote the health, safety, and general welfare of the Avon Community. 3.The text amendment promotes and implements the goals and policies of the Avon Comprehensive Plan; 4.The text amendment promotes and implements the purposes stated in this Development Code; and 5.The text amendment is necessary and desirable to respond to changed conditions and new planning concepts related to family dynamics and flexible occupancy. 6.This amendment would permit live-in care for children, the elderly, and those with medical condition in-home caregivers. Exhibit CEXHIBIT B: PZC MATERIALS PZC Recommendations: #CTA17003 Page 2 of 2 PZC recommended modifications to Family definition, with changes in underlined red: Family means an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, and not more than one additional person including the domestic employees thereof; or (b) Any unrelated group of persons consisting of: (1) Not more than four (4) persons; or (2) Not more than two (2) unrelated adults and their children, if any, and not more than one additional person including the domestic employees thereof, . . . (3) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. Exhibit CEXHIBIT B: PZC MATERIALS September 5th, 2017 Dear Planning and Zoning Commission Members, I have been the Thelen’s neighbor for nearly a decade, and I know them to be good people and great neighbors. I feel a little conflicted because I want to support them, but I think there is a bigger picture that we need to address. I agree that we need to get away from regulating the definition of single family as the 1950’s image of two parents and a couple of kids with a separate yard and a picket fence. Modern families and modern situations have changed – particularly in this valley, where the cost of living is so astronomically high. The Thelen’s have been advised to propose a very narrow amendment to the general municipal code. This amendment would fix the Thelen’s current situation: a family with a nanny. But how many of you know of situations where a couple care-takes for a family that owns a large home and maybe the caretakers live in a room above the garage? What happens when the Thelen’s nanny has a fiancée who spends the night more often than not? What happens when they decide to get married? Should the Thelen’s be forced to get rid of their live-in nanny because she found love? There are many more examples that are common in this valley that would not be accommodated under the proposed amendment. Families should not face crippling penalties for trying to house their caregivers, caretakers, exchange students, business partners, roommates, or friends. When considering an amendment to the town’s municipal code, I would hope we could take as many of these situations into account as possible. I suggest that perhaps the town should not really want to put itself in the position regulating how people choose to live and what constitutes a family. I believe staff are correct in observing that we should not be talking about the definition of a family for zoning purposes, but rather about density – how many adults can safely live in a given residence. A more sensible solution that accommodates the realities of modern living situations, could be to regulate the number of adults allowed per bedroom. For example, I could see a rule that allowed up to two adults per bedroom as more reasonable. My experience is that people are generally working towards living with fewer roommates. If given the opportunity, most couples would prefer to live in a three- bedroom unit by themselves rather than with two other couples, but sometimes that’s something a young couple has to work towards given the current economic realities. We should not have municipal code that unnecessarily makes these people, and people like the Thelen's into violators. If we are going to amend this element of the municipal code, let us please make it more general instead of more specific. Sincerely, Derek George EXHIBIT C: PUBLIC COMMENTS 1 From: NSAVAIL Sent: Friday, September 15, 2017 11:29 AM To: Matt Pielsticker Subject: Re: Letter to Town Council for Inclusion in Packet for Tuesday's Meeting Matt: Thank you for checking with me. I do not believe that the changes underlined in red address the concerns mentioned in the application. Rather, they are a uniform of 1 person to the density code for limited families, but not all families. Rather than amend the Ordinance, we recommend that the Town adopt a special use permit policy and procedure to allow Staff to review and approve applications based upon the applicant's need to expand the definition of family. For instance, an applicant may seek to expand the definition of family to include a group of exchange students to enhance the experience for the exchange students--more than 1 student. Or a family may hire a caretaker who is married so the expansion should include the caretaker and his/her spouse--and what about the children of the caretaker? Or an unrelated group of 4 may want to take in an exchange student (or more), or hire a live-in housekeeper, or provide housing for an elderly parent, etc. None of these options are permitted for the unrelated 4 person group. Also, the proposed changes are not limited to the purpose stated in the Application. Rather, the proposed changes allow expansion of the definition to "not more than one additional person" without mention of the reason for such expansion. Thus, it is foreseeable that the same issue will arise at a later date when the owner wants a nanny, caretaker, live-in maid, exchange student, etc. because the "one additional person" is not performing any of these roles. We agree that there is a legitimate and valuable purpose for allowing staff to review and approve special use of a residence based upon an application submitted with a statement of the reason the special use is for a "family" purpose. The current proposal does not address all unintended consequences and does not limit the expansion for these purposes. Rather, it opens up a plethora of unintended consequences. A better approach would be to keep the Ordinance as it exists and create a procedure for staff review of an application for expansion of the "family" to allow it to be approved for these and other proper cases. This approach was not presented to PZC. Unfortunately, we did not know about this application until you mentioned it Tuesday night. I would have presented it to PZC had I had the opportunity to do so. I am doing the next best thing-- presenting the recommendation to the Town Council. I hope that this explanation makes sense. I am happy to discuss by telephone if you want. Thank you, NSA Investments, Inc. Nancy Adam, President EXHIBIT C: PUBLIC COMMENTS TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 12, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. A 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 Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips, Megan Burch and Sarah Smith Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy Police Chief Coby Cosper, Recreation Director John Curutchet, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. MEETING PROCEDURES FOR THE MEETING OF SEPTEMBER 12, 2017 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 05:10 Steve Coyer recommended Council pass a statement of support for Deferred Action for Childhood Arrivals (DACA) participants. Michael Cacioppo spoke against a statement of support for DACA participants. 5. ACTION ITEMS Start time: 11:58 5.1. FIRST READING OF ORDINANCE 17-08, ADOPTING A NEW CHAPTER 8.38 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING DISPOSABLE BAG REQUIREMENTS, INCLUDING A DISPOSABLE PAPER BAG FEE AND PROVIDING FOR THE COLLECTION AND DESIGNATION OF SUCH FEE (DEPUTY TOWN MANAGER PRESTON NEILL) Michael Cacioppo spoke against the plastic bag ban. Rob Gunther, Walter Dandy, Hannah Irwin, Peter Suneson, Bob Moroney, Maria DeSimone, Kory Pryor, Tanner Pryor, Chad Steele and Kya spoke in favor of the plastic bag ban. Ronda Neiderhauser, Charles Frey and Tom Beaver expressed that they have a concern about the proposed $0.10 fee on paper bags. Shawn Bruckman with Vail Honeywagon spoke on behalf of Vail Honeywagon. She offered various facts about recycling. Councilor Gennett moved to approve first reading of Ordinance 17-08, with modifications thereby adopting a new Chapter 8.38 of Title 8 of the Avon Municipal Code establishing disposable bag requirements, including a disposable paper bag fee and not providing for the collection and designation of such fee. The modifications are as follows: • Enact a ban on plastic bags but roll it out to all retailers at the same time. • Make the effective date May 1, 2018. • Impose a $0.10 fee on each paper bag consumed at the point of sale, but the entirety of the revenue collected from the fee will remain with the retailers and no portion shall be remitted to the Town. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 12, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 Councilor Wolf seconded the motion and it passed with a vote of 6 to 1. Councilor Burch voted no. 5.2. FIRST READING OF ORDINANCE 17-10, ADOPTING A NEW CHAPTER 8.40 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING PROVISIONS REGARDING BAN ON USE OF POLYSTYRENE FOAM (DEPUTY TOWN MANAGER PRESTON NEILL) Start time: 135:39 Mayor Pro Tem Smith Hymes moved to continue first reading of Ordinance 17-10, thereby adopting a new Chapter 8.40 of Title 8 of the Avon Municipal Code establishing provisions regarding ban on use of polystyrene foam, to March 13, 2018. Councilor Phillips seconded the motion and it passed with a vote of 5 to 2. Councilor Prince and Councilor Wolf voted no. Direction was provided to staff to conduct a large amount of public outreach leading up to the March 13, 2018 Council meeting and to hold a work session on the Reduce, Reuse, Recycle campaign. Direction was also given to make the Ordinance reflect that the ban would only apply to food that is sold and not apply to meals that are given away or donated. 5.3. PUBLIC HEARING SECOND READING OF ORDINANCE 17-12, AMENDING THE TOWN’S LANDSCAPE CODE (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 146:51 Mayor Fancher opened the public hearing for comments. Derek George asked a question related to irrigation. Councilor Phillips moved to approve second reading of Ordinance 17-12, thereby approving Title 7: Development Code Amendments; and Title 8: Health and Safety Amendments. Councilor Gennett seconded the motion and it passed unanimously by Council members present. 5.4. PUBLIC HEARING SECOND READING OF ORDINANCE 17-11, ANNEXING THE EAST AVON PRESERVE (TOWN ATTORNEY ERIC HEIL) Start Time: 151:53 Mayor Fancher opened the public hearing and there were no comments made. Councilor Gennett moved to approve second and final reading of Ordinance 17-11, annexing the East Avon Preserve. Councilor Phillips seconded the motion and it passed unanimously by Council members present. 5.5. PUBLIC HEARING SECOND READING OF ORDINANCE 17-13, APPROVING PUBLIC FACILITIES AND PARKS ZONING FOR THE EAST AVON PRESERVE (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 152:46 Mayor Fancher opened the public hearing and there were no comments made. Mayor Pro Tem Smith Hymes moved to approve Ordinance 2017-13 (Attachment A), thereby approving PF and P zoning for the East Avon Preserve property. Councilor Gennett seconded the TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 12, 2017 AVON TOWN HALL, ONE LAKE STREET Page 3 motion and it passed unanimously by Council members present. 5.6. APPROVAL OF MINUTES FROM AUGUST 22, 2017 COUNCIL MEETING Start time: 153:53 Councilor Burch moved to approve the August 22, 2017 minutes. Councilor Wolf seconded the motion and it passed with a vote of 6. Mayor Pro Tem Smith Hymes abstained from the vote. 6. WORK SESSION COUNCIL DISCUSSION REGARDING WHETHER TO PROVIDE DIRECTION TO THE PLANNING & ZONING COMMISSION TO EXPAND THE SHORT TERM RENTAL OVERLAY DISTRICT TO RESIDENTIAL UNITS ALONG NOTTINGHAM ROAD (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 154:23 The majority of Council agreed to initiate the outreach process and rezoning application to expand the Short Term Rental (STR) Overlay District to Nottingham Road residential properties. Nancy Adam and Russell Granger spoke in opposition of expanding the STR Overlay District to Nottingham Road. Kevin Hyatt, Derek George, Sye Curtis, Michael Cacioppo, Erin Green and Steve Smith spoke in favor of expanding the STR Overlay District to Nottingham Road. 7. WRITTEN REPORTS 8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start Time: 199:38 Councilor Phillips gave an update on the EGE Air Alliance and announced that the EGE Air Alliance is in the process of finalizing year round daily flights to Dallas. Mayor Pro Tem Smith Hymes updated Council on her attendance of the Water 101 Workshop. She also expressed her support for completing the white water park renovation sooner rather than later. Councilor Prince gave an update about his attendance at the Eagle County Home Buyer Assistance Committee meeting. He said the minimum loan amount from the loan fund has changed from $10,000 to $15,000. He also gave an update for the Vail Valley Trials Connection. He said that next month the International Mountain Bike Association (IMBA) will be in town to judge us as destination community. Mayor Fancher talked about the Zagster movement and said she would like to see the program extended beyond Avon. She also talked about affordable housing, the upcoming broadband ballot question, and CareerWise. Councilor Burch gave an update on Eagle County's ballot question that will ask voters if they are willing to add local sales and excise taxes to local marijuana retail sales and cultivation and spend as much as $1.2 million of that new tax money on mental health programs. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 12, 2017 AVON TOWN HALL, ONE LAKE STREET Page 4 Councilor Wolf said he went on a tour of the Eagle County Materials Recovery Facility (MRF) and it was very informative. He also gave thanks to Officer Jeff Briggs for his service to the Avon community. Lastly, he gave an update about the Ad Hoc Special Events Committee meeting and how there are 2017 funding requests from the Vail Valley Foundation for the Birds of Prey event, and from Man of the Cliff for their Man of the Cliff event. Mayor Fancher said she recommends discussing the funding for Birds of Prey and Man of the Cliff at the next Council meeting on Tuesday, September 26th. Michael Cacioppo asked if the Eagle County marijuana tax will apply to medical marijuana. Council responded that it will only apply to recreational marijuana. 9. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 8:57 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Sarah Smith Hymes ________________________________ Jake Wolf ________________________________ Megan Burch ________________________________ Matt Gennett ________________________________ Scott Prince ________________________________ Amy Phillips ________________________________ WRITTEN REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Deputy Town Manager Date: September 26, 2017 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 September 2017, which lists 1) Sixteen (16) VIP tickets to the Zoppe Italian Family Circus, and 2) Fourteen (14) tickets to the Ben Harper and The Innocent Criminals Concert, and 3) Five (5) tickets to Hike to the Mic 2017: Featuring Elvis Costello & The Imposters with Elephant Revival. Town Council is not required to take any action; however, any Town Council member may request Council consideration of a reported 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. Zoppe Italian Family Circus VIP Tickets – The Town Council received fourteen (14) VIP tickets to attend one session of the Zoppe Italian Family Circus on September 8-10, 2017. Each member of Council, as well as Virginia Egger, Town Manager, received two (2) tickets, 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 ticket is valued at $43.00. 2. Ben Harper and the Innocent Criminals Concert Tickets – The Town Council received fourteen (14) tickets to the Ben Harper and the Innocent Criminals concert on September 15, 2017. Each member of the Council received two (2) P3 tickets, one provided for the purpose of reviewing the event for any future funding request, and the second provided as a gift for a guest. Each ticket is valued at $95.00. 3. Hike to the Mic 2017: Featuring Elvis Costello & The Imposters with Elephant Revival Tickets – The Town received a total of twelve (12) tickets to the Elvis Costello concert on September 16, 2017. Each member of Council received one (1) ticket, as a gift. In addition, Liz Wood, Communications Manager, received two (2) tickets, Louise Duncan, Special Events Production Assistant, received two (2) tickets, and Matt Pielsticker, Planning Director, received one (1) ticket. Each ticket is valued at $65.00. Submitted to the Avon Town Council on September 26, 2017. _________________________________ Debbie Hoppe, Town Clerk FISCAL YEAR 2017 FINANCIAL REPORT September 26, 2017 ______________________________________________________________________________________ 1. Financial Report Memorandum 2. Sales Tax Report – July 2017 3. Accommodations Tax Report – July 2017 4. Real Estate Transfer Tax Report – August 2017 5. Recreation Center Admissions – August 2017 6. General Fund Year-To-Date Expenditures – August 2017 7. Fleet Maintenance Fund Year-To-Date Expenditures – August 2017 8. Transit Fund Year-To-Date Expenditures – August 2017 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Martha Anderson, Senior Accountant Meeting Date: September 26, 2017 Re: Fiscal Year 2017 Financial Report ‐ August SUMMARY Revenues SALES TAX  Sales tax revenue for July totaled $682,025, a 1.20% decrease over the previous year. Year‐to‐date sales tax revenue is down 0.60% over the previous year, with a negative variance of $157,620 over the revised annual budget. ACCOMMODATIONS TAX  Accommodations tax revenue for July totaled $119,301, a 10.88% increase over the previous year. Year‐to‐date accommodations tax revenue is up 1.96% over the previous year, with a negative variance of $21,091 over the revised annual budget. REAL ESTATE TRANSFER TAX  Real estate transfer tax collections for August totaled $592,467, an increase of 217.71% or $405,984 over the previous year. Year‐to‐date RETT collections are up 70.49% over the previous year, with a positive variance of $1,596,110 over the revised annual budget.  We have collected a total of $1,937,759 in real estate transfer tax from the Wyndham Vacation Resorts, Inc. since its opening, $61,390 in 2015, $639,420 in 2016, and $1,236,949 year‐to‐date in 2017. Wyndham’s year‐to‐date RETT collections are up 636% over the previous year, with a positive variance of $1,068,821. RECREATION CENTER ADMISSIONS  August’s admission fees total $66,543, a 13.08% decrease over the previous year. Year‐to‐date admission fees are up 5.24% over the previous year, with a positive variance of $9,192 over the revised annual budget. Expenditures GENERAL FUND  General fund expenditures through August 2017 total 69.62% of the 2017 annual budget. These expenditures include the Town’s annual insurance premium, $244,704 toward signature event seed funding, $385,431 toward town produced events, $132,870 spent for community grants, as well as a large encumbrance for the Town Attorney. FLEET MAINTENANCE  Fleet expenditures for August are at 62.29% of the total budget. These costs include encumbrances for stock parts and ongoing expenditures such as regularly purchased shop supplies and equipment, maintenance services and gas. TRANSIT  Transit funds are 77.80% expended compared to the 2017 budget. These expenditures include a $415,415 expenditure for the people mover diesel bus purchase, as well as $185,228 for the 2017 gondola operations. TOWN OF AVONSALES TAX 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 743,689.78$ 812,836$ 792,562.03$ (20,273.74)$ 6.57%February 533,546.48 636,702.27 673,722.03 788,999.06 774,754.00 827,960 798,923.33 (29,036.18) 3.12%March 643,910.29 720,267.31 793,301.96 875,499.53 945,795.71 966,705 918,657.55 (48,047.68) -2.87%April 304,220.84 307,407.13 381,839.56 403,560.42 438,198.18 445,897 425,727.85 (20,168.89) -2.85%May 270,082.79 309,938.72 340,332.28 353,840.11 404,872.55 407,955 394,689.30 (13,266.01) -2.52%June 430,588.57 490,329.18 538,517.31 570,424.51 693,675.00 661,725 650,794.65 (10,930.44) -6.18%July 472,215.40 537,479.66 570,959.86 601,516.82 690,342.23 697,922 682,024.81 (15,897.14) -1.20%August 455,439.86 504,332.25 547,085.80 572,647.57 593,398.26 649,424 - - -100.00%September 424,793.75 475,362.88 546,016.59 595,235.68 667,949.51 658,281 - - -100.00%October 341,711.43 356,925.96 417,921.46 423,701.53 451,303.71 483,881 - - -100.00%November 336,060.63 362,460.94 397,935.36 438,315.55 445,336.04 481,098 - - -100.00%December 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,247,832.82 1,327,331 - - -100.00% Total 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,421,015$ 4,663,379.52$ (157,620.09)$ -0.60%Actual Collections$0$100,000$200,000$300,000$400,000$500,000$600,000$700,000$800,0002013 2014 2015 2016 2017YearSales Tax Collections for July TOWN OF AVONSALES TAX 2017 Actual vs. Budget $‐ $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,0002013 2014 2015 2016 2017YTD Sales Tax Comparison January - July $‐ $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000Sales Tax Monthly Comparison 2015-2017 201520162017 TOWN OF AVON ACCOMMODATIONS TAX 2017 Actual vs. Budget Budget YTD Collections Budget % change 2012 2013 2014 2015 2016 2017 2017 Variance 2016 January 90,118.88$ 108,508.43$ 129,851.78$ 164,361.04$ 168,424.63$ 179,381$ 190,207.82$ 10,826.44$ 12.93% February 106,016.32 137,503.61 150,317.06 175,056.31 185,370.53 204,609 194,804.88 (9,804.38) 5.09% March 115,043.42 153,208.80 168,597.39 183,650.29 217,387.54 227,294 201,008.55 (26,285.29) -7.53% April 20,786.24 26,494.49 31,626.02 34,825.13 60,916.55 47,377 38,340.02 (9,036.88) -37.06% May 16,664.44 24,527.17 21,961.97 28,002.56 37,357.48 34,862 39,961.98 5,100.07 6.97% June 56,012.17 66,578.91 54,232.23 53,397.46 73,591.08 82,415 83,723.31 1,308.23 13.77% July 66,726.73 73,008.92 81,083.01 86,301.22 107,595.18 112,500 119,300.76 6,800.95 10.88% August 58,358.93 67,688.07 71,044.33 75,107.71 87,674.05 97,623 - - -100.00% September 42,245.24 44,661.37 50,840.16 60,417.74 68,139.11 72,240 - - -100.00% October 25,879.51 27,154.53 34,977.59 38,706.72 45,738.23 46,782 - - -100.00% November 22,786.42 28,171.04 32,064.02 34,328.47 37,570.50 42,025 - - -100.00% December 112,759.02 131,361.43 168,944.85 198,421.26 200,114.56 220,163 - - -100.00% Total 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,367,272$ 867,347.32$ (21,090.87)$ 1.96% Actual Collections $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 2013 2014 2015 2016 2017 Accommodations Tax Collections for July Town of AvonReal Estate Transfer Tax 2017 Actual vs. BudgetBudget YTD Collections $ Change % of Change2012 2013 2014 2015 2016 2017 2017 2016 2016January 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 64,422.00$ 46,204$ 107,390.00$ 42,968.00$ 66.70%February 41,750.07 55,872.69 562,219.70 85,479.08 200,850.86 161,359 270,815.26 69,964.40 34.83%March 84,760.49 125,927.64 50,375.06 168,744.22 265,061.65 118,502 254,737.53 (10,324.12) -3.89%April 219,195.80 144,437.80 197,656.36 125,266.30 159,046.06 144,208 249,938.93 90,892.87 57.15%May 270,170.12 121,784.12 183,745.60 237,971.08 184,987.10 170,310 377,490.82 192,503.72 104.06%June 169,040.47 90,309.74 220,009.15 294,434.84 307,127.24 184,339 703,419.85 396,292.61 129.03%July 71,057.40 386,434.78 141,051.52 396,838.68 259,977.94 214,087 219,208.74 (40,769.20) -15.68%August 232,505.93 97,579.70 154,032.32 152,380.93 186,483.40 140,350 592,467.49 405,984.09 217.71%September 96,389.34 157,010.67 267,886.92 291,223.61 321,957.68 193,471 - - -100.00%October 176,889.62 169,839.80 178,044.24 172,855.22 641,688.59 228,405 - - -100.00%November 150,549.86 112,491.82 122,582.66 169,328.38 315,109.37 148,379 - - -100.00%December 145,134.57 83,382.60 1,598,062.92 225,862.90 588,514.66 450,385 - - -100.00% Total 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 3,495,226.55$ 2,200,000$ 2,775,468.62$ 1,147,512.37$ 70.49%Budget 2,200,000.00 Variance, Favorable (Unfavorable) 575,468.62$ Actual Collections $- $500,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.00 $3,000,000.002013 2014 2015 2016 2017YTD Real Estate Transfer Tax Collections TOWN OF AVONRECREATION CENTER ADMISSION FEES 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 66,113$ 70,040$ 62,607$ 64,723$ 74,674$ 77,192$ 74,674.20$ (2,517.48)$ 0.00%February 78,782 68,578 63,838 68,506 86,342 83,558 93,365.80 9,807.68 8.13%March 62,670 72,616 77,902 81,664 76,023 84,660 84,085.80 (574.67) 10.61%April 49,982 64,370 61,760 55,452 67,398 68,245 62,435.00 (5,809.61) -7.36%May 44,880 35,064 43,119 50,067 54,337 51,924 61,441.70 9,517.31 13.08%June 49,442 46,194 55,052 58,431 58,044 60,986 63,459.20 2,473.43 9.33%July 73,067 71,491 61,472 66,400 65,874 77,225 82,539.70 5,314.35 25.30%August 67,510 57,329 63,233 66,389 76,558 75,562 66,543.40 (9,019.03) -13.08%September 38,141 43,829 36,846 44,719 49,018 48,520 - - -100.00%October 41,588 48,803 75,818 61,167 51,833 63,736 - - -100.00%November 94,044 93,822 29,570 71,384 72,114 82,391 - - -100.00%December 72,059 69,258 77,672 112,201 169,093 114,201 - - -100.00% Total 738,277$ 741,394$ 708,889$ 801,102$ 901,307$ 888,200$ 588,544.80$ 9,191.99$ 5.24%Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,0002013 2014 2015 2016 2017Recreation Center Admissions - August Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 221,972$ 4,264$ 149,173$ 68,535$ 69.12% 112 Boards and Commissions 18,066 - 9,217 8,849 51.02% 113 Town Attorney 132,000 53,070 78,322 608 99.54% 115 Town Clerk 126,191 8,923 68,671 48,596 61.49% 121 Municipal Court 129,000 10,963 73,629 44,408 65.58% 131 Town Manager 405,797 275 222,285 183,237 54.85% 133 Community Relations 187,497 30,697 112,944 43,857 76.61% Total General Government 1,220,523 108,193 714,241 398,089 67.38% Human Resources Department: 132 Human Resources 439,677 4,755 289,233 145,689 66.86% Finance & IT Department: 141 Finance 911,500 28,298 577,163 306,038 66.42% 143 Information Systems 406,753 33,236 261,222 112,295 72.39% 149 Nondepartmental 482,655 84,019 377,107 21,528 95.54% Total Finance & IT 1,800,908 145,553 1,215,493 439,862 75.58% Total General Gov't Departments 3,461,108 258,501 2,218,967 983,640 71.58% Community Development: 212 Planning 283,033 34,852 153,829 94,352 66.66% 213 Building Inspection 149,265 2,300 93,129 53,836 63.93% 214 Economic Development - - - - 0.00% 215 Town Produced Events 657,733 22,310 385,431 249,992 61.99% 216 Signature Event Seed Funding 266,869 35,417 244,704 (13,253) 104.97% 217 Community Grants 182,620 35,500 132,870 14,250 92.20% Total Community Development 1,539,520 130,379 1,009,964 399,177 74.07% Police Department: 311 Administration 686,574 14,631 417,209 254,734 62.90% 312 Patrol 2,438,204 18,607 1,779,980 639,617 73.77% 313 Investigations 271,440 125 183,726 87,589 67.73% Total Police 3,396,218 33,363 2,380,915 981,940 71.09% Public Works: 412 Engineering 251,376 319 154,342 96,715 61.53% 413 Roads and Bridges 2,357,162 46,768 1,547,845 762,549 67.65% 415 Parks 706,781 120,314 401,392 185,075 73.81% 418 Buildings & Facilities 1,293,193 79,078 700,170 513,945 60.26% Total Public Works 4,608,512 246,479 2,803,749 1,558,284 66.19% Recreation Department: 514 Administration 227,282 7,438 154,461 65,384 71.23% 515 Adult Programs 56,087 - 31,659 24,428 56.45% 516 Aquatics 574,478 4,848 371,666 197,964 65.54% 518 Fitness 150,785 - 117,883 32,902 78.18% 519 Guest Services 297,882 3,654 196,156 98,072 67.08% 521 Youth Programs 145,761 1,901 93,155 50,705 65.21% Total Recreation 1,452,275 17,841 964,980 469,454 67.67% TOTAL OPERATING EXPENDITURES 14,457,633$ 686,563$ 9,378,575$ 4,392,496 69.62% Department Expenditure Summaries General FundAugust 2017 Expenditures to Date Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,652,546$ 57,824$ 971,465$ 623,256$ 62.29% Total Operating Expenditures 1,652,546 57,824 971,465 623,256 62.29% TOTAL EXPENDITURES 1,652,546$ 57,824$ 971,465$ 623,256$ 62.29% Expenditure Summary Fleet Maintenance Enterprise Fund August 2017 Expenditures to Date Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 247,060$ 17,902$ 169,357$ 59,801$ 75.79% 432 Transit Operations 1,793,604 63,377 1,339,407 390,820 78.21% 436 Wash Bay 130,110 3,004 95,745 31,362 75.90% Total Operating Expenditures 2,170,774 84,283 1,604,509 481,982 77.80% TOTAL EXPENDITURES 2,170,774$ 84,283$ 1,604,509$ 481,982$ 77.80% Expenditure Summary Transit Enterprise Fund August 2017 Expenditures to Date