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TC Packet 01-14-2020_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECI AL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING, CALL TOWN CLERK BRENDA T ORRES AT 970-748-4001 OR EMAIL BTORRES @AVON.ORG WITH ANY SPECIAL RE QUESTS. 1 AVON TOWN COUNCIL MEETING AGENDA TUESDAY, JANUARY 14, 2020 MEETING BEGINS AT 5:00 PM AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO AVON TOWN COUNCIL TUTORIAL BEGINS AT 4:00 PM ANNUAL OVERVIEW OF ETHICS CODE, EX PARTE CONTACT, AND SIMPLIFIED COUNCIL MEETING RULES (TOWN ATTORNEY PAUL WISOR) (40 MINUTES) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.] 5. BUSINESS ITEMS 5.1. PRESENTATION : COLUMBUS D AY (EXECUTIVE ASSISTANT INEKE DE JONG) (10 MINUTES) 5:10 5.2. RESOLUTION 20-02 DESIGNATING PUBLIC PLACES OF POSTING (TOWN CLERK BRENDA TORRES) (5 MINUTES) 5:20 5.3. ADOPTION OF 2020 REGULAR MEETING SCHEDULE (EXECUTIVE ASSISTANT TO THE TOWN MANAGER INEKE DE JONG) (10 MINUTES) 5:25 5.4. PUBLIC HEARING: FIRST READING ORDINANCE 20-01 ADDING CHAPTER 6.05 OF TITLE 6 OF THE AVON MUNICIPAL CODE PERTAINING TO TH E SALE OF DOGS AND CATS BORN OR RAISED IN I NHUMANE BREEDING FACILITIES (E XECUTIVE ASSISTANT TO THE TOWN MANAGER INEKE DE JONG) (15 MINUTES) 5:35 5.5. RESOLUTION 20-01, APPROVING FEES IN LIEU CALCULATION FOR FRACTIONAL REMAINDER OF THE EMPLOYEE MITIGATION REQUIREMENTS FROM CHAPTER 7.20.100, EMPLOYEE HOUSING MITIGATION (PLANNING DIRECTOR MATT PIELSTICKER ) (15 MINUTES) 5:50 5.6. APPROVAL OF DEED RESTRICTION AGREEMENT FOR TWO (2) UNITS IN RIVERFRONT LODGE ON LOT 4, RIVERFRONT SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) 6:05 5.7. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND THE TOWN OF AVON CONCERNING THE COLLECTION OF SALES TAXES OF THE SALE OF CIGARETTES (TOWN ATTORNEY PAUL WISOR) (5 MINUTES) 6:20 5.8. WORK SESSION: AVON WATER TAP FEES (TOWN ENGINEER JUSTIN HILDRETH) (20 MINUTES) 6:25 _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECI AL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING, CALL TOWN CLERK BRENDA T ORRES AT 970-748-4001 OR EMAIL BTORRES @AVON.ORG WITH ANY SPECIAL RE QUESTS. 2 5.9. WORK SESSION: AVON MARKETING AND BRANDING (MARKETING AND COMMUNITY RELATIONS LIZ WOOD) (40 MINUTES) 6:45 5.10. APPROVAL OF MINUTES FROM DECEMBER 10, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) (5 MINUTES) 7:25 6. WRITTEN REPORTS 6.1. CONSTRUCTION PROJECT BID PROCESS (TOWN ENGINEER JUSTIN HILDRETH) 6.2. UPPER EAGLE REGIONAL WATER AUTHORITY DECEMBER 19, 2019 MEETING SUMMARY (MAYOR SMITH HYMES) 6.3. JANUARY 7TH PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER) 6.4. MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT JOEL MCCRACKEN) 6.5. TOWN MANAGER REPORT (TOWN MANAGER ERIC HEIL) 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) 7:30 8. EXECUTIVE SESSION 8.1. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING P OSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS ; DEVELOPING STRATEGY FOR NEGOTIATIONS ; AND I NSTRUCTING NEGOTIATORS PURSUANT TO C.R.S. SECTION 24-6-402(2)(E)(I) CONCERNING POTENTIA L COMMUNITY HOUSING PROJECT ON TRACT Y, AVON, CO. (15 MINUTES ) 7:40 8.2. EXECUTIVE SESSION WITH TOWN ATTORNEY FOR THE PURP OSE OF RECEIVING LEG AL ADVICE AND FOR TH E PURPOSE OF DISCUSSIN G SECURITY ARRANGEME NTS PURSUANT TO CRS §§24-6-402(2)(B) AND (D). (40 MINUTES ) 7:55 8.3. EXECUTIVE SESSION WITH TOWN ATTORNEY FOR THE PURPOSES OF RECEIVING LEGAL ADVICE PURSUANT TO C.R.S. SECTION 24-6-402(B) CONCERNING THE CLOSURE OF PIER 1 I MPORTS. (15 MINUTES) 8:35 9. ADJOURN 8:50 ___________________________________________________________________________________________________________________________________________________________________________________________ *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 a dvance 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 agen da item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majo rity of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. FUTURE MEETING AGENDAS: January 28, 2020 - SECOND READING: ORDINANCE 19-11 ADOPTING A NEW CHAPTER 8.40 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING PROVISIONS REGARDING BAN ON USE OF POLYSTYRENE FOAM (TOWN MANAGER ERIC HEIL) (60 MINUTES) - WORK SESSION RE: SPECIAL E VENTS BUDGET, ADDITIONAL EVENT CONCEPTS, LIQUOR LICENSE AND LIQUOR SALES February 11, 2020 - PRESENTATION: WATER AND WASTEWATER CAPITAL PROJECTS AND ASSOCIATED RATE INCREASES (AMY VOGT, COMMUNITY RELATIONS SPECIALIST, ERWSD/UERWA) (20 MINUTES + QUESTIONS, NO COUNCIL ACTION) February 25, 2020 - SITE TOUR – 3:30PM AVON WASTEWATER FACILITY _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECI AL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING, CALL TOWN CLERK BRENDA T ORRES AT 970-748-4001 OR EMAIL BTORRES @AVON.ORG WITH ANY SPECIAL RE QUESTS. 3 - PRESENTATION: STEWARDSHIP OF THE WEST AVON PRESERVE (JESSICA FOULIS, EAGLE VALLEY LAND TRUST) (15 MINUTES + QUESTIONS, NO COUNCIL ACTION) - 1041 APPLICATION FOR AVON WASTEWATER FACILITY (MATT) (60 MINUTES) 1 MEMORANDUM To: Honorable Mayor Smith Hymes and Town Councilmembers From: Paul Wisor, Town Attorney Re: Code of Ethics, Ex Parte Contacts and Simplified Rules of Order Date: January 9, 2020 I. Summary The following memorandum provides a broad overview of 1) the Town’s Ethics Code, 2) Councilmembers’ obligations with respect to ex parte contacts and 3) the Avon Town Council Simplified Rules of Order governing Council meetings. No Council action is required, but this memorandum will be discussed at a presentation during the January 14th Council meeting. II. Ethics Code In July 2015, Council revamped the Avon Town Code of Ethics (the “Ethics Code”). In doing so, Council imposed ethical rules that are more specific and more restrictive than the ethical rules that previously governed the Town or are currently in place pursuant to state statute. The purpose of the Ethics Code is to establish guidelines for ethical standards for Councilmembers, staff and appointed members of boards and commissions, and to set forth acts that are incompatible with the best interests of the Town. While the full text of the Ethics Code, attached hereto as Exhibit A, is important, the discussion below highlights the provisions of the Ethics Code most relevant to the day-to-day experience of Councilmembers, namely conflicts of interests and gifts. a. Conflicts of Interest One of the primary concerns addressed in the Ethics Code is conflicts of interest. The Ethics Code addresses current and future conflicts as well as appearances of impropriety. It also sets forth the mechanisms by which such conflicts may be resolved. i. Current Conflicts Section 2.30.060(3) of the Ethics Code provides no Councilmember shall perform an “official act which directly and substantially affects to its economic benefit a business or other undertaking in which such Councilmember has a substantial financial interest. A “substantial financial interest” is defined in Section 2.30.050 as 1) an ownership in a business; 2) a creditor interest in a business; 3) an ownership interest in real or personal property; 4) a loan or any other debtor interest; or 5) a directorship or officership in a business. Section 2.30.060(4) prohibits any Councilmember from performing “an official act which directly and substantially affects a business or other undertaking by whom the Councilmember is employed, or by whom such Councilmember is engaged as counsel, 2 consultant, representative or agent.” At a July 2019 Council meeting, Council determined the mere potential of a Councilmember listing of a unit or home that may developed within a project that is the subject of a land use application before Council does not constitute a conflict of interest as defined in the Ethics Code. ii. Future Conflicts In addition to addressing direct and substantial conflicts existing at the time Council votes on a particular matter, the Ethics Code also places a restriction on future activity of Councilmembers by limiting future employment opportunities or sources of compensation. Section 2.30.060(11) prohibits any Councilmember from seeking or obtaining “employment or compensation concerning matters upon which he or she took an Official Act during his or her term of office for six (6) months following expiration or termination of office, if such Official Act occurred less than four years prior to such employment or compensation.” Notwithstanding the foregoing restrictions on future employment and compensation, Section 2.30.060(11) provides any conflict giving rise to the prohibition on future employment or compensation opportunities “may be waived by a majority of the disinterested Town Councilmembers.” iii. Appearance of Impropriety The Ethics Code also contains a catchall provision common in many municipal codes throughout Colorado in a variety of iterations that seeks to broadly cover all manner of unethical behavior. Section 2.30.060(8) provides a Councilmember shall not take action “under circumstances which give rise to appearance of impropriety” on the par t of the Councilmember. iv. Waiver of Future Conflict While it is rare a Town Councilmember will find themselves in a situation where a matter before Council creates an actual and immediate conflict of interest, Councilmembers rightfully worry about the trickledown effect a particular decision may have on their individual or employer’s economic wellbeing in the future. However, Section 2.30.060(11) of the Code addresses this concern by providing Council may waive any conflict that may arise as a result of any action taken by a Councilmember. The specific time and manner in which this waiver is provided is unclear. That said, there is nothing in the Ethics Code specifically precluding a Councilmember from seeking a waiver at the time action is taken if the Councilmember foresees a potential conflict. v. Council Acts As Final Arbiter The framework articulated above provides a shield for Councilmembers from accusations that a particular Councilmember is acting in their own self-interest rather than in the interest of the Town. Prior to hearing a particular matter, Section 2.30.080 requires a Councilmember to disclose a conflict of interest. Under the Ethics Code, it is then the obligation of the remaining Councilmembers to determine if a conflict exists. If no conflict exists, the Councilmember with the perceived conflict is required to vote under Section 5.5 of 3 the Charter. As such, an individual Councilmember can never be faulted for participating in a given matter. That decision is the prerogative of fellow Councilmembers and a requirement of the Charter. b. Gifts In 2006, the Colorado voters approved a constitutional amendment imposing certain ethical constraints on elected officials and government officials. In 2015, Council, using its home rule authority, adopted its own regulations related to gifts provided to Councilmembers. Pursuant to Section 2.30.170 of the Avon Municipal Code (the “AMC”), Councilmembers must report any gift in excess of fifty dollars ($50.00) to the Town Clerk as well as the estimated value of such gift. A gift is defined as “any present, or offer of future, individual gift, favor, loan, service of thing of value.” Such gifts only need be reported if they were given as a result of a Councilmember’s status as a member of Council. Gifts provided by relatives or pers onal friends on special occasions need not be reported. To the extent a gift is reported to the Town Clerk, Council must determine whether such gift constitutes a conflict of interest under the AMC. The Councilmember receiveing the gift shall not vote on whether a conflict exists. Section 2.30.170(c) specifically provides gifts given without the intent to influence a Councilmember in connection with an official act does not create the appearance of impropriety. III. Ex Parte Contacts As Council is aware, Council may act three different capacities: legislative, administrative or quasi-judicial. In a legislative capacity, Council is often enacting new laws or making decisions that are generally applicable to the public as a whole. In an administrative capacity, Council is engaging in the basic operation of government, such as approving contracts. When acting in a quasi-judicial role, Council is required to make a determination of the rights, duties or obligations of specific individuals on the basis of th e application of facts to existing legal standards pursuant to a hearing conducted by Council . Council most often serves in a quasi-judicial capacity with respect to land use matters. In contrast to hearings on legislative or administrative matters, Coun cil is required to operate as a panel of “judges” rather than legislators. In this capacity, Council must base its decision on any particular matter solely on the evidence presented at a public hearing, and , as a general matter, Councilmembers are prohibited from basing their decision on evidence gathered outside the public hearing. This prohibition extends to contacts between the applicant, proponents or opponents of a particular matter and members of the Council outside of publicly scheduled hearings or meetings. These contacts are known as ex parte contacts, and can be verbal, written or electronic. Ex parte contacts can potentially invalidate the decision of Council if not properly addressed. Councilmembers are to remain impartial with respect to q uasi-judicial hearings, and ex parte contacts can have the effect of spoiling such impartiality, thus prejudicing the rights of the applicant or the proponent or opponent of a particular application. Ex parte 4 contacts can also create a situation in which a Councilmember bases their decision on details upon which an applicant, proponent or opponent does not have the opportunity to provide their side or the story or otherwise rebut. In addition, ex parte communications are specifically prohibited by Section 2.30.060(9) of the AMC, which prohibits “ex parte communication or contact concerning a matter which is to be determined after a public hearing without making the contents of such communication or contact a part of the record of such public hearing.” In the event it is revealed Council conducted a quasi-judicial hearing where ex parte contacts occurred, a losing party could appeal the Council’s decision. While it may be difficult to overturn quasi-judicial decisions in some situations, courts are more likely to vacate a Council decision where Council has failed to provide due process. As such, Council should do its best to avoid ex parte contacts. The best practice for Council is not to initiate any conversation or other contact with respect to a quas i-judicial matter. To the extent someone initiates a contact with a Councilmember, it is a Councilmember’s right and obligation to make clear the conversation or contact immediately needs to end, and the person initiating the contact should either express their comments to Council through participation at a public hearing or through a written comment. In the event an ex parte contact does occur the law in general, and the AMC specifically, allows a Councilmember to cure the ex parte contact by making the contents of the communication or contact a part of the record of any relevant public hearing. Such disclosure must take place at the beginning of the public hearing on the matter. While disclosure of the contents of an ex parte contact is sufficient from the perspective of the AMC, Councilmembers should be mindful of the due process rights afforded those participating in the hearing. As such, the Councilmember disclosing the ex parte contact must be sure to inform the other Councilmembers of all information obtained in the ex parte contact that may be relevant in rendering a decision on the matter. In addition, the Councilmember who engaged in the ex parte contact should participate in the public hearing and vot e on the matter only if the Councilmember sincerely believes the ex parte contact did not impair their ability to impartially render a decision on the matter. IV. Simplified Rules of Order In January 2014, Council adopted the Avon Town Council Simplified Rules of Order (the “Simplified Rules”), which Simplified Rules were amended in July 2016. The Simplified Rules were adopted to establish rules and procedures governing Council meetings that are readily accessible and usable by Council and understandable by the public. While the entirety of the Simplified Rules, attached hereto as Exhibit B, should be reviewed in full, this memorandum focuses on rules related to standards of conduct, the Mayor, the agenda and public comment. a. Standards of Conduct In establishing the Simplified Rules, Council sought to provide for open, respectful and informed discussion and debate on matters of public policy while balancing the need for efficiency required for Council to take action on public business. The Simplified Rules 5 provide Councilmembers shall conduct themselves in a mature manner and shall respect one another as well as members of the public. Councilmembers shall refrain from profanity, rude behavior and personal attacks, and shall promptly apologize to both to the Council and the recipient of any such behavior, even if such behavior was temporary. It should be noted Council may not communicate via text or email during Council meetings, and members of Council shall promptly disclose and announce sending or receiving such communications. b. The Mayor The Mayor is tasked with presiding over presiding over every Council meeting. It is the Mayor’s responsibility to moderate Council meetings impartially, and she must attempt to provide other Councilmembers the opportunity to provide their opinion before expressing her own. The Mayor should avoid making a motion or seconding unless it is clear such motion or second is not forthcoming. The Mayor is also tasked with maintaining civility, decorum and order through a Council meeting. In the event the Mayor cannot attend a meeting or has a conflict of interest with respect to a particular matter, the Mayor Pro Tem will fulfill her duties. In the event the Mayor Pro Tem is unable to preside over a meeting for the meeting, Council shall appoint an Acting Mayor. c. Agenda The content of each Council meeting shall be directed by the agenda for such meeting. The Simplified rules provide the Mayor shall determine the conduct of the agenda in consultation with the Town Manager. Council as a whole may, by vote, direct items be included on a current or future agenda. An individual Councilmember may contact the Mayor to request inclusion of a matter on a future agenda, and it is in the Mayor’s discretion, in consultation with the Town Manager, as to whether such matter requested by an individual Councilmember is placed on the agenda. d. Public Comment As Council is aware, public comment is encouraged at all Council meetings. The Simplified Rules provide public comment shall be taken near the beginning of each m eeting. Members of the public shall have up to three minutes to provide comments to Council, and members who have comments beyond three minutes are encouraged to schedule time in advance to have a particular item of interest placed on a future agenda. The Mayor may, but is not required to, allow public comment on any agenda item. However, such comments should not impede the efficient conduct of Town business. V. Conclusion The Ethics Code, ex parte contact and the Simplified Rules are all items Council should keep at the forefront of their mind as they act in their capacity as Councilmembers throughout the year. If any Councilmember has concerns or questions with respect to these or any other 6 issues they should feel free to immediately contact the Town Attorney to determine the best course of action. Exhibit A CHAPTER 2.30 - Town Code of Ethics[1] Footnotes: --- (1) --- Editor's note— Ord. No. 15-05 , § 2(Exh.A), adopted July 28, 2015, amended Ch. 2.30 in its entirety to read as herein set out. Former Ch. 2.30, §§ 2.30.010-2.30.170, pertained to similar subject matter, and derived from Ord. 12-01 §2. 2.30.010 - Citation. This Chapter shall be known and may be cited as the "Avon Town Code of Ethics." ( Ord. 15-05 §2(Exh.A) ) 2.30.020 - Declaration of policy. The proper operation of democratic government requires that public officers be independent, impartial and responsible to the people; that government decisions and policy be made within the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all Town Officers is adopted. The purpose of this code is to establish guidelines for ethical standards of conduct for all such officers by setting forth those acts or actions that are incompatible with the best interest of the Town, and by directing disclosure by such officers of private financial or other interests in matters affecting the Town. ( Ord. 15-05 §2(Exh.A) ) 2.30.030 - Finding of local concern. The Town Council finds and determines that the matter of ethical municipal government is a matter of local concern upon which home rule municipalities in Colorado are fully empowered to legislate and to supersede conflicting state statutes. ( Ord. 15-05 §2(Exh.A) ) 2.30.040 - Effect of common law. This Chapter shall supersede and override the common law as to the subject matter of this Chapter. ( Ord. 15-05 §2(Exh.A) ) 2.30.050 - Definitions. As used in this Chapter, unless the context requires otherwise: Business means any corporation, limited liability corporation, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business operated for private profit. Confidential information means all information, whether transmitted orally, electronically or in writing, which is intended to be confidential and which does not constitute a public record under the Colorado Open Records Act set forth in C.R.S. §24-72-200.1 et. seq. including but not limited to attorney-client confidential and privileged communications and information received in an executive sessio n. Council or Town Council means the Town Council of the Town of Avon. Council Member means any member of the Town Council. Officer means any person holding a position by election or appointment in the service of the municipality, whether paid or unpaid, including the members of the Town Council, any other Town board, committee or commission, any employee and any independent contractor. Official act or official action means any vote, decision, recommendation, approval, disapproval or other action, including inaction, which involves the use of discretionary authority. Substantial financial interest means an interest owned or held by an officer which is: a. An ownership interest in a business; b. A creditor interest in a business; c. An ownership interest in real or personal property; d. A loan or any other debtor interest; e. A directorship or officership in a business. An officer shall be presumed to have a substantial financial interest in any of the above-mentioned interests owned, held or controlled by such officer's spouse or dependent children. ( Ord. 15-05 §2(Exh.A) ) 2.30.060 - Conflict of interest. A Town Officer shall not: (1) Disclose or use confidential information acquired in the course of such officer's duties: (a) In order to further a business or other undertaking in which such officer has a substantial financial interest; or, (b) For any use which would be detrimental to the Town. (2) Engage in a substantial financial transaction for his or her private business purposes with a person whom such officer inspects or supervises in the course of his or her official duties. (3) Perform an official act which directly and substantially affects to its economic benefit a business or other undertaking in which such officer has a substantial financial interest. (4) Perform an official act which directly and substantially affects a business or other undertaking by whom the officer is employed, or by whom such officer is engaged as counsel, consultant, representative or agent. (5) Acquire or hold an interest in any business or undertaking which such officer has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by the agency over which he or she has substantive authority. (6) Perform an official act directly and substantially affecting to its economic detriment any business or other undertaking when such officer has a substantial financial interest in a competing business or undertaking. (7) Solicit or accept a present or future gift, favor, loan, service or thing of value from a person under circumstances which would lead a reasonably prudent person to believe that such gift, favor, service or thing of value was made or given primarily for the purpose of influencing or attempting to influence such officer in connection with an official act, or as a reward for official action he or she has previously taken. The provisions of this Paragraph shall not apply to those circumstances described in Paragraph 2.30.070(3). (8) Perform any official act under circumstances which give rise to appearance of impropriety on the part of the officer. (9) Make or accept any ex parte communication or contact concerning a matter which is to be determined after a public hearing without making the contents of such communication or contact a part of the record of such public hearing. (10) Appear on behalf of any private person, business or entity, other than himself or herself, his or her spouse, or minor children, before the Town Council, any Town Commission or the Municipal Court; or, (11) For members of Town Council, seek or obtain employment or compensation concerning matters upon which he or she took an official act during his or her term of office for six (6) months following expiration or termination of office, if such official act occurred less than four (4) years prior to such employment or compensation, provided that this provision may be waived by a majority of the disinterested Town Council members. ( Ord. 15-05 §2(Exh.A) ) 2.30.070 - Exemptions. The provisions of Section 2.30.060 shall not prohibit an officer from: (1) Accepting or receiving a benefit as an indirect consequence of the performance of an official act. (2) Taking official action when such officer is similarly situated to other Town residents, such as adopting general land use regulations, owning property within a special or local improvement district, voting for taxes or bonds, adopting ordinances of general applicability or otherwise acting upon matters involving the common public interest, except that this exemption shall not apply to interests of Officers of the Avon Urban Renewal Authority in any project or in any property included or planned to be included in any project and the provisions of C.R.S. §31-25- 104(3) shall control. (3) Soliciting or accepting gifts or loans which are: a. Campaign contributions reported as required by law; b. An occasional nonpecuniary gift, insignificant in value; c. A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; d. Payment of or reimbursement for actual and necessary expenditures for travel and subsistence or attendance at a convention or other meeting at which such officer is scheduled to participate; e. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of the position held by such officer; f. Items of perishable or nonpermanent value, including, but not limited to, meals, lodging, travel expenses or tickets to sporting, recreational, educational, or cultural events; g. Payment for speeches, debates, or other public events, reported as honorariums to the Town Manager; h. A loan at a rate of interest which is not substantially lower than the commercial rate then currently prevalent for similar loans within the Town. (4) Receiving such compensation for his or her services to the Town as may be fixed by ordinance, pay plan, budget or other similar official action. ( Ord. 15-05 §2(Exh.A) ) 2.30.080 - Disclosure of conflict of interest in Town Council action. Any member of the Town Council who believes he or she has a conflict of interest as defined in Section 2.30.060 on any matter proposed or pending before the Town Council shall disclose such potential interest to the Town Council. Any member of the Council who believes that another member of the Council has a conflict of interest shall bring the matter to the attention of the Council prior to Council consideration of the issue involving the alleged conflict. The Council shall determine whether a conflict of interest exists. The Council member who has an alleged conflict of interest shall not vote on the determination of whether a conflict of interest exists. If the Council determines that an actual conflict of interest exists, the Council Member shall not attempt to influence other members of the Town Council in connection with such matter, and, except as provided in Section 2.30.100, the Council Member shall not vote upon such matter. The Council Member shall leave the room during Council's discussion and action on the subject, and shall return only when the Council has taken up the next agenda item. ( Ord. 15-05 §2(Exh.A) ) 2.30.090 - Disclosure of conflict of interest in Planning Commission action. Any member of the Planning Commission who believes he or she has a conflict of interest as defined in Section 2.30.060 on any matter proposed or pending before the Planning Commission shall disclos e such potential interest to the Planning Commission. Any member of the Planning Commission who believes that another member of the Planning Commission has a conflict of interest shall bring the matter to the attention of the Planning Commission prior to Planning Commission consideration of the issue involving the alleged conflict. The Planning Commission shall determine whether a conflict of interes t exists. The Planning Commission member who has an alleged conflict of interest shall not vote on the determination of whether a conflict of interest exists. If the Planning Commission determines that an actual conflict of interest exists, the member of the Planning Commission shall not attempt to influence other members of the Planning Commission in connection with such matter, and, except as provided in Section 2.30.100, the member of the Planning Commission shall not vote upon such matter. The member of the Planning Commission shall leave the room during the Planning Commission's discussion and action on the subject, and shall return only when the Planning Commission has taken up the next agenda item. ( Ord. 15-05 §2(Exh.A) ) 2.30.100 - When Council Member or member of the Planning Commission with conflict of interest may vote. Notwithstanding the provisions of Sections 2.30.080 and 2.30.090, a Council member or member of the Planning Commission may vote upon a matter as to which he or she has a conflict of interest if: (1) His or her participation is necessary to obtain a quorum or to otherwise enable the Council or Planning Commission to act, and (2) He or she complies with the disclosure provisions of Section 2.30.110, and (3) A majority of the Council members or Planning Commission members present at a meeting who do not have a conflict of interest find that the participation of such Council member or Planning Commission member will not be contrary to the public interest and vote to permit such Council member or Planning Commission member to vote despite the conflict of interest. ( Ord. 15-05 §2(Exh.A) ) 2.30.110 - Voluntary Disclosure to Secretary of State. A Town Officer may, prior to acting in a manner which may impinge on his or her fiduciary duty and the public trust, disclose the nature of his or her private interest to the Colorado Secretary of State. Such Town Officer shall make the disclosure in writing to the Colorado Secretary of State, listing the amount of his or her financial interest, if any, the purpose and duration of his or her services rendered, if any, and the compensation received for the services or such other information as is necessary to describe his or her interest. If he or she then performs the official act involved, he or she shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act. Such disclosure shall constitute an affirmative defense to any civil or criminal action or any other sanction under this Town Code of Ethics or any other local, state or other code of ethics or standards of conduct. ( Ord. 15-05 §2(Exh.A) ) 2.30.120 - Public contracts. (a) The Town shall not enter into any contract with a Town Officer (including spouse or minor children of the Town Officer) to provide any compensation from the Town for the provision of goods or services and shall not approve any vendor permit or privilege to conduct commercial business on Town property during such officer's term, appointment or employment with the Town; provided that this restriction shall not apply to compensation provided to any Town Officer for performance of official duties for the Town. This section shall not operate to restrict the Town from entering into contracts or approving vendor permits and privileges to an organization which employs a Town Officer if such Town Officer is not an owner or controlling officer of such organization that receives such compensation, permits or privileges and such Town Officer declares a conflict of interest in accordance with Section 2.30.060(3) and does not participate in any Town decision related to such public contract. For the purposes of this section, ownership in an organization shall include any ownership interest that is greater than one percent (1%). (b) The provisions of Subsection (a) above shall not apply to: (1) Investments or deposits in financial institutions which are in the business of loaning or receiving money; or, (2) With respect to which the Town Officer has voted therein in accordance with Section 2.30.100. (3) Contracts with, or compensation provided to, members of advisory commissions, committees and boards if the subject matter of such contract or compensation does not relate to the subject matter or advisory role of the commission, committee or board. (c) It shall be a violation of this Chapter for any Town Officer to enter into a contract with the Town or receive compensation or receive vendor permits or privileges from the Town in violation of this section. (d) Any contract approved by the Town or vendor permit or privilege granted by the Town in violation of this section shall be unenforceable against the Town. (Ord. No. 18-09 §2; Ord. 15-05 §2(Exh.A) ) 2.30.130 - Limitation on subsequent employment. A former Town Officer may not, within six (6) months following the termination of his or her office with the Town, contract with or become employed by an employer who contracts with the Town involving matters with which such officer was directly involved during such officer's term of office with the Town. ( Ord. 15-05 §2(Exh.A) ) 2.30.140 - Enforcement. (a) The Town Council shall have the primary responsibility for the enforcement of this Chapter. It shall have the power to investigate any complaint, to initiate any suit and to prosecute any criminal or civil action on behalf of the Town wherein it believes such action is appropriate. (b) The Town Council may direct the Town Attorney to investigate or prosecute any apparent violation of this Chapter or the Council may employ or appoint any qualified attorney to investigate or prosecute any violation or series of violations by one (1) or more persons of this Chapter. In the event the alleged conflict of interest involves a Council Member (or multiple Council Members), the Council Member(s) who has an alleged conflict of interest shall not vote upon whether to investigate or prosecute the alleged conflict of interest. (c) Any person who believes that a violation of any portion of this Chapter has occurred may file a complaint with the Town Council, which shall promptly investigate such complaint and take such action thereon as the Council shall deem to be appropriate. (d) The district attorney of the district where the trust is violated may bring appropriate judicial proceedings on behalf of the people. Any moneys collected in such actions shall be paid to the gen- eral fund of the Avon Town government. Judicial proceedings pursuant to this section shall be in addition to any criminal action which may be brought against such Town Officer. ( Ord. 15-05 §2(Exh.A) ) 2.30.150 - Penalties and remedies. (a) It is unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of this Chapter. Any person who violates any provisions of this Chapter shall be punished in accordance with the provisions of Section 1.08.010 of this Code. Additionally, upon conviction such person shall be liable to the Town for such damages as may have been suffered or incurred as a result of such violation. (b) Upon conviction for any violation of this Chapter such Officer shall immediately forfeit his or her office or position. Nothing in this Chapter shall be construed to prohibit such public officer from being reelected, reappointed or otherwise rehired to any position forfeited under the provisions of this Chapter. (c) Any court of competent jurisdiction called upon to enforce the provisions of this Chapter may, with the consent of the Town Council, exempt from the provisions of this Chapter any conduct of a Town Officer upon the finding that the enforcement of this Chapter with respect to such officer's conduct would not be in the public interest. ( Ord. 15-05 §2(Exh.A) ) 2.30.160 - Distribution of code of ethics. The Town Clerk shall cause a copy of the Avon Town Code of Ethics to be distributed to every officer of the Town within thirty (30) days after enactment of the ordinance adopting this Chapter. Each Town Officer elected, appointed, or engaged thereafter shall be furnished a copy before entering upon the duties of his or her office. ( Ord. 15-05 §2(Exh.A) ) 2.30.170 - Gift reporting. (a) In accordance with Section 7, Article XXIX of the Colorado Constitution, the requirements of Article XXIX of the Colorado Constitution shall not apply to the Town of Avon. It is the intention and purpose that this 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 shall completely address all matters set forth in Article XXIX of the Colorado Constitution. (b) Any Town Officer who receives any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of fifty dollars ($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 Town Clerk shall promptly disclose gifts received, or offer of future gifts, to the Town Council. The failure of a Town Officer to report a gift to the Town Clerk shall constitute a violation of this Chapter. (c) Council shall determine if gifts received or offered in the future constitute a conflict of interest in accordance with this Chapter. Council members who are the recipient or intended recipient of a gift shall not vote on whether such gift constitutes a conflict of interest unless such gift is offered to Council as a whole or offered to Town generally. (d) Gifts which are given by an individual who is a relative or personal friend of the recipient on special occasions shall not be deemed a conflict of interest. Gifts which are given without the purpose or intent to influence a Town Officer in connection with an official act or as a reward for an official act performed and gifts which do not create the appearance of impropriety shall not be a conflict of interest. (e) Gifts which are received which are determined by Council to be a conflict of interest shall be returned. The receipt of a gift or the failure to return a gift or reimburse the equivalent value when Council determines such gift is a conflict of interest shall constitute a violation of this Chapter. ( Ord. 15-05 §2(Exh.A) ) Exhibit B Adopted January 28, 2014 by Resolution No. 14-‐‑03 Amended and Re-‐‑Adopted on July 26, 2016 by Resolution No. 16-‐‑20 Page 1 of 4 Avon Town Council Simplified Rules of Order These Simplified Rules of Order establish rules and procedures for Avon Town Council meetings. The intent is to set forth simplified rules which are readily accessible and usable by the Avon Town Council members and understandable by the general public. The provisions of the Home Rule Charter, the Avon Municipal Code, or any ordinance adopted by the Avon Town Council shall govern and apply in the event there is any conflict with these Simplified Rules of Order. Unless otherwise indicated, any reference to “Mayor” shall also mean the “Mayor Pro- Tem” or “Acting Mayor” in the absence of the Mayor, as set forth in the Avon Home Rule Charter. I. Standards of Conduct for Avon Town Meetings: The Avon Town Council finds that the foundation of municipal democracy rests on open, respectful and informed discussion and debate balanced with the necessary efficiency required to take action in the public interest. Reasonable persons will often disagree on many public matters which arise before elected and appointed officials. The process of discussion and debate is essential to the ability of elected and appointed officials to render the best decisions possible for the Avon community. The following standards of conduct are considered the minimum standards for elected and appointed officials. A. Elected and appointed officials shall conduct themselves in a mature manner that is becoming of public officials, shall respect one another and shall respect members of the public. B. Elected and appointed officials shall refrain from profanity, rude behavior or personal attacks and shall promptly apologize to both the board and the recipient of any such behavior in the event of a temporary lapse of appropriate behavior. C. The Mayor shall be responsible for maintaining civility, decorum and order throughout the meeting. D. Members of the Avon Town Council shall not communicate between or amongst themselves by text message, e-mails or other forms of electronic communication during a Council meeting. E. Members of the Avon Town Council shall promptly disclose and announce the sending or receipt by a Council member of a text message, e-mail or other form of electronic communication during a Town Council meeting, to or from any person, for any such communication that concerns a matter on the Town Council agenda for that meeting. II. Mayor: Every meeting of the Avon Town Council shall be presided over by the Mayor. If the Mayor is absent the Mayor Pro-Tem shall preside over the meeting. If the Mayor has a conflict of interest on a matter then the Mayor Pro-Tem shall preside over the meeting for such matter. If the Mayor and Mayor Pro-Tem are absent, or if they both have conflict of interest on a matter, then a quorum of Council members shall appoint an Acting Mayor by motion who shall then preside over the meeting or shall preside over such matter for which the Mayor and Mayor Pro-Tem have conflict of interest. The Mayor shall strive to moderate Council meetings with impartiality, shall strive to allow input from all other Council members on matters before expressing his or her opinion, and shall refrain from making a motion or seconding a motion until it is apparent that no other member of the Council will do so. Adopted January 28, 2014 by Resolution No. 14-‐‑03 Amended and Re-‐‑Adopted on July 26, 2016 by Resolution No. 16-‐‑20 Page 2 of 4 III. Agendas: The following rules and procedures shall apply to agendas: A. The Mayor shall determine the agenda in consultation with the Town Manager. The Town Council may direct items to be included on an agenda. Individual Council members may contact the Mayor to request inclusion of a matter on an agenda. The Mayor shall consult with the Town Manager and exercise discretion to determine if the matter should be included on the agenda as a discussion item or an action item. B. After roll call, the Council shall approve the agenda by motion by a majority of the quorum present with any additions or deletions Council deems appropriate. C. The Council may take action by motion at any time during a meeting to schedule discussion or action items on a future agenda which shall be scheduled by Town Staff. D. Noticing for action items and public hearings shall be in accordance with applicable law. IV. Motions: All official Town Council actions are initiated by motion. These following rules and procedures apply to motions. There are two basic motions: action motions and procedural motions. Only one action motion may be on the floor at a time. A procedural motion may be proposed, discussed and acted upon when an action motion is on the floor or at any other time. A. Basic Motion: The basic motion to take action is stated as, “I move to . . . .” Every motion requires a second. Once a motion is made no further discussion can continue until a second is made to support the motion. B. Discussion: All Council members have the right to discuss the motion on the floor. Discussion cannot be concluded unless (1) all Council members present consent or (2) a majority of Council members present approve a procedural motion to “Call the Question” and end debate. C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any time prior to the vote on the motion and may interrupt a speaker to withdraw the motion and consent of the Council member who seconded the motion is not required. The motion is immediately withdrawn; however, the Mayor may then ask the Council member who seconded the withdrawn motion and any other Council member if such Council member wishes to make the motion. D. Amendment to Motion: Any Council member may request an amendment to a pending motion. The maker of the pending motion and Council member who seconded the motion must consent to the proposed amendment. Any Council member may also propose a substitute motion to a pending motion which also requires consent of the maker of the pending motion and the Council member who seconded the pending motion. E. Procedural Motion: A procedural motion may be made at any time and may impose or modify any procedural rule provided that such procedure is not in conflict with the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. Procedural motions require a majority vote of the quorum present. F. Motion to Call the Question or End the Discussion: A motion to “call the question” (also known as a motion to end the discussion) is a procedural motion to end debate and discussion. A motion to call the question cannot be made until each Council member has had at least one reasonable opportunity to ask questions and express his or her opinion on Adopted January 28, 2014 by Resolution No. 14-‐‑03 Amended and Re-‐‑Adopted on July 26, 2016 by Resolution No. 16-‐‑20 Page 3 of 4 the matter. Once a motion to call the question is made and seconded, it shall be the Mayor’s discretion to allow any further discussion on such procedural motion for the purpose of clarifying any technical, procedural or legal issue related to the procedural motion. A motion to call the question requires a majority vote of the quorum present. Once a motion to call the question is approved, the pending action motion on the floor must be voted upon promptly or, if no action motion is pending, the Mayor shall proceed to the next agenda item. G. Motion to Continue: A motion to continue an agenda item must include a specific future Council meeting date, time and place for the continued matter to be considered again without re-noticing a required public hearing. H. Motion to Table: A motion to table places the agenda item on hold and does not require a specific time for the return of the agenda item. I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any rule in this Simplified Rule of Order. Such motion may be made and requires a supermajority vote of a majority of the quorum present plus one for approval. A motion to suspend rules may not supersede the procedural requirements of the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. J. A Motion to Reconsider: A Motion to Reconsider allows the Council to reconsider a vote on a matter. A Motion to Reconsider may only be made and considered if made and acted upon less than twenty-eight (28) days after the date of the Council action to be reconsidered and may be made only by a member of Council who voted in the majority on the motion which is proposed for reconsideration. V. Meeting Conduct A. Point of Privilege: A Council member may interrupt the speaker to raise a matter related to the comfort of the meeting, such as room temperature, distractions, or ability to hear speaker. B. Point of Order: A Council member may raise a Point of Order at any time that the Mayor permits meeting conduct which does not follow these Simplified Rules of Order or otherwise fails to maintain civility and decorum by the Council and the general public. C. Appeal: A Council member may move to appeal the ruling of the Mayor on any procedural matter or other decision related to the conduct of the meeting. If the motion is seconded and, after debate, it such motion passes by a simple majority vote of the quorum present, then the ruling or conduct of the Mayor shall be overruled and reversed. D. Call for Orders of the Day: A Council member may call for Orders of the Day when such Council member believes that Council discussion has strayed from the agenda. No second or vote is required. If the Mayor does not return to the agenda, then such ruling may be appealed. E. Adjournment: The Mayor may announce the meeting adjourned when there are no further items on the agenda which have not been addressed. The Council may adjourn a meeting at any time by motion, second and approval by a majority of the quorum present. VI. 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 Adopted January 28, 2014 by Resolution No. 14-‐‑03 Amended and Re-‐‑Adopted on July 26, 2016 by Resolution No. 16-‐‑20 Page 4 of 4 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 may permit public comments during any agenda item provided that such invitation does not hinder the ability of Council to conduct official Town business in an efficient manner. For matters which may involve substantial public comment by numerous members of the public, the Mayor or Council may propose limiting public comment to no less than 3 minutes per individual, which limitation on public comment must be approved by a majority of the quorum present. VII. Public Hearing: The following general rules shall apply to the order and conduct of public hearings. These rules may be modified or suspended by Motion to Suspend Rules. A. The Mayor shall open the public hearing by announcing the topic of the agenda item. The Mayor shall at all times during public hearings strive to maintain civility, decorum and order. B. The Mayor and/or appropriate Town Staff person shall introduce the topic, explain the applicable procedures and laws, and provide any presentation by the Town. C. The applicant, licensee or appellant shall have the opportunity to present information, provide testimony, or respond to any comments or details in the Town’s presentation. D. The Council shall have the opportunity to ask technical questions of the appropriate Town staff, Town officials and the applicant, licensee or appellant but Council members shall not express opinions on the matter prior to opening the public hearing for public comment. E. The Mayor shall officially open the public hearing for public comment and shall allow for members of the public to provide comment to the Council. The Council may approve a time limitation not less than 3 minutes for individual public comment and may approve sign-up sheets or other public comment procedures to promote order and efficiency by a majority vote of the quorum present provided that individuals shall be permitted to yield his or her public comment time to another speaker. After all public comments are received, or if the Council determines that the volume of public comments requires additional time and moves to continue the public hearing, the Mayor shall close the public comment portion of the public hearing. F. The Council may discuss the merits of the topic of the public hearing and take such action as deemed appropriate after the public comment portion of the public hearing is concluded. If the volume of public comments requires a continuation, if additional information is required to consider the public hearing matter, or if the Council determines that additional time is warranted to consider the matter of the public hearing, the Council may continue the public hearing to a later date and may re-open the public comment portion of the public hearing at any continued public hearing. VIII. Executive Sessions: Council may convene into executive session at any time by the affirmative vote of 2/3rds of the quorum present and by announcing the specific statutory citation and purpose of the executive session in accordance with the Colorado Open Meetings Law, CRS §24-6-402(4). The Council is not permitted to take official, final action on any matter in executive session. 970.748.4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Ineke de Jong, Executive Assistant to the Town Manager RE: Report on Columbus Day DATE: January 14, 2020 BACKGROUND: At the October 10, 2019 Council meeting, Councilor Scott Prince referenced an article out of the New York Times about states, cities and towns that have renamed the holiday on the second Monday in October, currently Columbus day. Councilor Prince requested that Council consider renaming the holiday. Council directed Staff to do some research and prepare a report and propose a recommendation in terms of the name and policy for this holiday. SUMMARY: Columbus Day is one of ten federal holidays recognized nationwide by the United States Government. Columbus day commemorates the arrival of Christopher Columbus in the Americas. It is celebrated every second Monday of October, and has been a federal holiday since 1937. The Town of Avon follows Colorado recognized holidays, CRS 24-11-101. These holidays are stated in the Town’s Employee Policies. A steady stream of states and municipalities have replaced Columbus Day with a celebration called Indigenous Peoples Day which is alternately spelled as and/or called: • Indigenous People's Day • Indigenous Peoples' Day • First People’s Day • National Indigenous Peoples Day • Indian Day (Brazil) • Native American Day Although Columbus Day remains a federal holiday, critics say the U.S. should stop celebrating Christopher Columbus’s voyages specifically and European colonization in general.[1] The first location to adopt the counter-celebration making Native Americans the focus was Berkeley, California in 1992, although South Dakota first celebrated Native Americans’ Day instead of Columbus Day in 1990.[1] Several states, including Vermont, Maine, New Mexico, Alaska, South Dakota, Oregon and Hawaii, celebrate the alternate holiday as of 2019. In the year of 2019 alone, more than a dozen new states, cities and towns adopted Indigenous Peoples Day. Some of the most recent include Dallas, District of Columbia, Alexandria, Va., Louisiana, Vermont, Michigan, Maine, New Mexico, Wisconsin and Reno, Nevada.[1] Changing the official name of Columbus Day is still under debate in many other places, including Colorado, the state that first began celebrating the holiday in 1905.[1] Indigenous Peoples' Day is a holiday that celebrates and honors Native American peoples and commemorates their histories and cultures. It is celebrated across the United States on the second Monday in October, and is an official city and state holiday in various localities. This is a day in honor of Native Indigenous Americans in opposition to the celebration of Columbus Day.[2] ANALYSIS: There are both arguments to rename the holiday and there are arguments to continue celebrating Columbus Day. These arguments are outlined below. 970.748.4013 idejong@avon.org ARGUMENTS TO RENAME THE HOLIDAY TO NATIONAL INDIGENOUS PEOPLES’ DAY Since the 1980s and before, populations throughout the Americas have protested the holiday that honors the 15th century explorer, because he quite literally kicked off the transatlantic slave trade and personally oversaw the beginning of a brutal genocide which after the first 130 years of colonization would take the lives of 95 percent of the indigenous population of the Americas. Upon meeting the indigenous Taíno people after his landing in the Caribbean, Columbus wrote to the king of Spain that they were “fit to be ordered about, to sow, and to do everything else that may be needed,” and that with a few more Englishmen, “they could all be subjected and made to do all that one might wish.” He promptly set about doing just that, capturing the indigenous and sending them to the king as “gifts,” forcing the rest to work, and killing those who refused or who were not useful to him.[3] “Let us in the name of the Holy Trinity go on sending all the slaves that can be sold,” Columbus wrote.[4] This started a pattern of enslavement, hard forced labor and ruthless violence throughout the Americas, a pattern that destroyed an entire population.[5] It is commonly said that "Columbus discovered America." It would be more accurate, perhaps, to say that he introduced the Americas to Western Europe during his four voyages to the region between 1492 and 1502. It's also safe to say that he paved the way for the massive influx of western Europeans that would ultimately form several new nations including the United States, Canada and Mexico. But to say he "discovered" America is a bit of a misnomer because there were plenty of people already here when he arrived.[6] Generations of Native people, throughout the Western Hemisphere have protested Columbus Day. In the forefront of their minds is the fact the colonial takeovers of the Americas, starting with Columbus, led to the deaths of millions of Native people and the forced assimilation of survivors.[7] In 1977 participants at the United Nations International Conference on Discrimination against Indigenous Populations in the Americas proposed that Indigenous Peoples’ Day replace Columbus Day. Indigenous Peoples’ Day recognizes that Native people are the first inhabitants of the Americas, including the lands that later became the United States of America. And it urges Americans to rethink history.[7] The movement to replace Columbus Day with Indigenous Peoples’ Day or Native American Day has gained momentum and spread to states, cities, towns, counties, community groups, churches, universities, schools and other institutions across the United States. They observe Indigenous Peoples’ Day or Native American Day with activities that raise awareness of the rich history, culture, and traditions of the Indigenous peoples of the Americas.[7] ARGUMENTS TO CONTINUE CELEBRATING COLUMBUS DAY: Columbus possessed admirable qualities, of which all Americans can be proud. Even by his detractors, he is seen as a skilled sea captain of the highest order. He challenged the conventional thought that the Earth was flat, seeking to “reach the east by going west,” an idea to which the scientists of the day were forcibly opposed. He challenged the Aristotelian philosophy of science that had guided scientists for centuries in favor of the newer philosophy of science that placed observation in a primary role of analysis. He supported the heliocentric concept of the solar system with Galileo, Copernicus and Kepler before it became known by that name. In capitalistic spirit (admirable in the eyes of most Americans), he sought glory, wealth and a title of nobility by opening new trade routes to China and Japan.[8] Most importantly, though, Columbus discovered the American continental coast and recorded the voyage in a way that enabled others to repeat the feat. The real achievement worthy of holidays, monuments and namesake cities is that he opened a route that could be sailed again by himself and others. It is Columbus’ method of discovery and record-keeping that distinguishes him from other explorers who may previously have “discovered” the New World. He opened the door to further discovery by explorers like Magellan, Cooke, Drake and Hudson. His discovery led to the creation of the greatest nation on Earth, the United States of America.[8] Today, Columbus is a scapegoat for perceived European sins intentionally committed in the Americas by non- 970.748.4013 idejong@avon.org Native Americans over the past 500 years. Those who oppose Columbus Day blame Columbus – and only Columbus – for acts of genocide, the continued suffering of indigenous people, the slave trade in the entire Western hemisphere, the United States governmental policy of Manifest Destiny, and the erosion of rights of indigenous peoples throughout the Americas. To blame Columbus for any of these, though, is to exonerate the policies, groups and individuals who practiced slavery and committed heinous crimes against humanity, including the French, English, U.S. and Spanish governments, Thomas Jefferson and other founding fathers, the Confederate States of America, the Ku Klux Klan, and the U.S. military officers who massacred Native Americans at places like Sand Creek.[8] Contrary to the expressed opinions of those who oppose Columbus Day, Columbus did not introduce slavery to the Americas. Slave trading was a major part of the economy of the Ute Native American tribes, according to Colorado historian Virginia McConnell Simmons in her book “The Ute Indians of Utah, Colorado, and New Mexico.” Captives from battle were sold into slavery in places like Taos for horses and hides. Slavery was a universal institution in the world, lacking opposition until the mid-16th and early 17th centuries. St. Thomas Aquinas considered it a “product of original sin.” The Catholic Church and other churches, including the Eastern Church and the Reformation churches, disapproved, but sought only to mitigate its excesses. Slavery already existed in the Americas, especially in Central America, at the time of Columbus’ arrival; Cortez provided ample descriptions of what he found in the Mexico City of the Aztecs.[8] Even where Columbus first landed in what is now known as the “West Indies,” tribes practiced slavery and cannibalism. The Arawaks originally came from Venezuela and seized many islands during the 1st century AD, pushing other tribes back to the hinterlands. Some of the Arawak tribes, “discovered” by Columbus, practiced cannibalism. Between 1000 and 1500, the Carib tribes from the Guianas and Venezuela seized some islands from the Arawaks. The Arawaks were by that time a peaceful people, involved in agriculture and pottery, with a relatively elaborate social structure headed by hereditary chieftains. The Carib had a less elaborate social structure, and their society lives centered around warfare, including cannibalism. When they conquered the lesser Antilles, they killed the Arawak men, married their women, and adopted the Arawak language.[8] Columbus Day Supporters say Christopher Columbus is a man worthy of the honors and accolades bestowed upon him.[8] TOWN MANAGER RECOMMENDATION: I recommend not observing Columbus Day with a Town Hall closure and keeping Town Hall open on that Monday and adopting a “floating holiday day” for Town Staff. This will result in a more consistent Monday through Friday schedule for the Town Hall to serve the public. Also, most other departments are required to work on Columbus Day anyway. Alternatives were discussed with the Leadership Team and it was felt that a “floating holiday” would be the most beneficial for employees. The “floating holiday” would be subject to prior approval by a supervisor for scheduling purposes. IMPLEMENTATION SCHEDULE: If Council approves the recommendation then the Town Hall Calendar will reflect that Town Hall will be open on Columbus Day and the Town of Avon Employee Policies will be amended accordingly. 970.748.4013 idejong@avon.org REFERENCES: [1]https://thehill.com/homenews/state-watch/465701-here-are-the-16-states-and-cities-celebrating-indigenous- peoples-day-for [2]https://en.wikipedia.org/wiki/Indigenous_Peoples%27_Day [3]Michael I. Niman. “As Confederate Flags Fall, Columbus Statues Stand Tall.” Truth-out.org. Truthout, 12 Oct 2015. Web. 23 Oct 2015. [4]Peter Holley. “More Cities Celebrating ‘Indigenous Peoples Day’ Amid Effort to Abolish Columbus Day.” Washington Post. The Washington Post, 12 Oct 2015. Web. 23 Oct 2015. [5]https://www.panoramas.pitt.edu/politics/many-names-and-faces-columbus-day [6]https://www.voanews.com/usa/real-story-who-discovered-america [7]https://www.smithsonianmag.com/blogs/national-museum-american-indian/2019/10/11/indigenous-peoples-day- 2019/ [8]https://www.denverpost.com/2007/04/19/columbus-should-be-celebrated/ 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council members FROM: Paul Wisor, Town Attorney RE: Resolution 20-02 Designating Locations for Posting Notice of Public Meetings DATE: January 9, 2020 SUMMARY: Section 24-6-402(2)(C), C.R.S. requires the Town to annually designate the public place for posting notices in order to comply with the Colorado Open Meetings Law. Resolutio n 20-02 is presented to satisfy the requirements of the Colorado Open Meetings Law as it identifies four public locations used for posting notices of the Town’s public meetings as well as the Town’s website. Staff requests Council approve Resolution 20-02. BACKGROUND: The Colorado Open Meetings Law has long required municipalities to annually designate the public place for posting notices. However, in 2019, the Colorado General Assembly approved, and the Governor signed, HB 19-1087, which provides municipalities shall be deemed in compliance with the Colorado Open Meetings Law if a municipality designates its website as the public pl ace for posting. The Town has long designated Town Hall, the Recreation Center, Avon Library and Avon Elementary School as well as the Town’s website as the places for public posting. As such, the Town’s past practices already comply with HB 19-1087. While the Town could merely post notices on its website, staff believes in the interest of full transparency it is a best practice to continue to post in locations throughout the community. FINANCIAL CONSIDERATIONS: None. RECOMMENDATION: Staff recommends approval to comply with state statute. PROPOSED MOTION: “I move to approve Resolution 20-02 Designating Locations for Posting Notice of Public Meetings.” Thank you, Paul ATTACHMENTS: Resolution 20-02 TOWN OF AVON RESOLUTION 20-02 DESIGNATING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS WHEREAS, Local Public Bodies, including the Avon Town Council, are required by Subsection 24-6-402(2)(c) C.R.S., to designate annually at the Town Council’s first regular meeting of each calendar year the locations at which public notice of each meeting will be pos ted at least 24 hours prior to each meeting. NOW, THEREFORE BE IT RESOLVED BY THE AVON TOWN COUNCIL AS FOLLOWS: Notice of meetings of the Town Council required to be posted pursuant to C.R.S. § 24 -6-401, et seq. shall be posted within the boundaries of the Town at least 24 hours prior to each meeting at the following locations: Avon Town Hall, 100 Mikaela Way Avon Recreation Center, 90 Lake Street Avon Public Library, 200 Benchmark Road Avon Elementary School, 850 W Beaver Creek Boulevard Town of Avon website – www.avon.org ADOPTED: January 14, 2020 AVON TOWN COUNCIL TOWN OF AVON, COLORADO Sarah Smith Hymes, Mayor ATTEST: _____________________________ Brenda Torres, Town Clerk TO: Honorable Mayor Smith Hymes and Council FROM: Ineke de Jong, Executive Assistant to the Town Manager RE: Approval of 2020 Regular Meeting Schedule DATE: January 14, 2020 SUMMARY: At the beginning of the year Council approves that year’s meeting schedule. ACTION BEFORE COUNCIL: Please find attached the proposed regular meeting schedule for 2020, which reflects the second and fourth Tuesdays of each month, unless otherwise noted. Meetings will begin at 5:00 p.m., unless Council would like to discuss and provide direction on a different start time for meetings. The Council meeting schedule includes the following special considerations for meeting dates: • Suggested dates to cancel regular meetings include: 1. April 14th – Passover Holiday 2. July 28th – Allow council a break in the middle of summer (alternative break could be August 11) 3. October 13th – Eagle County Schools not in session Oct 12-16, 2020. ➢ Instead meeting will be on the 3rd Tuesday in October; October 20, 2020. 4. November 24th – Thanksgiving Break. ➢ Instead meeting will be on the 3rd Tuesday in November; November 17, 2020. 5. December 22nd – Christmas Break • Two Council Retreat dates are recommended. The proposed dates are June 24th with a noon start time and a budget retreat on October 30th with a 9:00 a.m. start time. Once the schedule has been approved by Council, the dates will be posted to the Town’s website and four posting locations. PROPOSED MOTION: “I move to approve the 2020 Avon Town Council Meeting Schedule as presented (with or without changes).” 2020 Avon Town Council Meeting Schedule 2nd and 4th Tuesday *unless otherwise noted DATE TIMING NOTES January January 14, 2020 2nd Tue January 28, 2020 4th Tue February February 11, 2020 2nd Tue February 25, 2020 4th Tue Eagle County School District Mid-Winter Break 2/17 – 2/21 March March 10, 2020 2nd Tue March 24, 2020 4th Tue April April 28, 2020 4th Tue Passover Holiday 4/8 – 4/16 Eagle County School District Spring Break 4/20 – 4/24 May May 12, 2020 2nd Tue May 26, 2020 4th Tue June June 9, 2020 2nd Tue June 23, 2020 4th Tue June 24, 2020* 4th Wed Council Retreat – 12:00 p.m. to 5:00 p.m. July July 14, 2020 2nd Tue August August 11, 2020 2nd Tue August 25, 2020 4th Tue September September 8, 2020 2nd Tue September 22, 2020 4th Tue October October 20, 2020* 3rd Tue Eagle County School District Not in Session 10/12 – 10/16 October 27, 2020 4th Tue October 30, 2020* 4th Fri Budget Retreat – 9:00 a.m. to 3:00 p.m. November November 10, 2020 2nd Tue November 17, 2020* 3rd Tue Eagle County School District Thanksgiving Break 11/23 – 11/27 December December 8, 2020 2nd Tue Eagle County School District Holiday Break 12/21 – 1/1/21 970.748.4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Ineke de Jong, Executive Assistant to the Town Manager RE: First Reading: Ordinance 20-01 Enacting an ordinance that would prohibit the sale of dogs and cats born or raised in inhumane commercial breeding facilities DATE: January 14, 2020 SUMMARY: At the October 10, 2019 Council meeting, Joyce Cohen presented information on inhumane commercial breeding facilities and requested that Council consider enacting an ordinance that would prohibit the sale of dogs and cats produced in inhumane commercial breeding facilities. Council directed Staff to prepare such an ordinance for their review. ANALYSIS: Staff reviewed municipal ordinances from other jurisdictions and consulted the Harley’s Dream, a non-profit working to end the operation of commercial breeding facilities, for further information. The attached, proposed ordinance would prohibit any business in Avon from offering for sale dogs and cats from an inhumane breeding facility. Exempted from the prohibition contained in the ordinance are any individuals or establishments that breed and rear on their own premise. This would include hobby breeding, public operated animal control facilities, private or nonprofit humane societies or animal rescues and publicly operated animal control facilities that operate out of or in connection with a pet store. The term “offer for sale” includes sale, delivering, offering for sale, barter, auction, or in any way disposing of a dog or cat. Any violation of the Ordinance is punishable as a municipal code violation under Chapter 1.09 of Avon Municipal Code, Civil Infractions, which imposes fines up to $2,650 per incidence per day; however, an offender would not be subject to imprisonment. PROPOSED MOTION: “I move to approve First Reading of Ordinance 20-01, Enacting Chapter 6.05 of Title 6 of the Avon Municipal Code pertaining to the sale of animals from inhumane commercial breeding facilities”. AVAILABLE ACTIONS: 1. Approve the first reading of Ordinance 20-01 as drafted. 2. Approve the first reading of Ordinance 20-01, with modifications. 3. Continue to January 28, 2020, or other meeting defined by Town Council. 4. Reject the first reading of Ordinance 20-01 if council is not interested in considering adoption. ATTACHMENT: Ordinance 20-01 Ord 20-01 FIRST READING – January 14, 2020 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE 20-10 ADDING CHAPTER 6.05 OF TITLE 6 OF THE AVON MUNICIPAL CODE PERTAINING TO THE SALE OF DOGS AND CATS BORN OR RAISED IN INHUMANE BREEDING FACILITIES WHEREAS, the Town of Avon has an interest in maintaining the public safety and welfare of the citizens of the Town; and WHEREAS, Section 3l-15-501, C.R.S., authorizes municipalities to prohibit any offensive or unwholesome business practice; and WHEREAS, the Humane Society of the United States has determined that dog and cat mills are inhumane commercial breeding facilities which disregard the animals’ health ˗ both physical and emotional - in order to maximize profits; and WHEREAS, according to the Humane Society of the United States, these mills produce animals for sale, most frequently at retail stores; and WHEREAS, the Town Council finds and determines that the sale of dogs and cats from these mills is an unwholesome business practice and not in the best interest of the public welfare of the Town; and WHEREAS, the Town Council desires to exercise its authority to address the sale of dogs and cats in retail stores that come from these mills, all as more fully provided in this ordinance. 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 Chapter 6.05 to Title 6 of the Avon Municipal Code. Chapter 6.05, “The sale of animals from inhumane commercial breeding facilities” is added to Title 6, “Animals” of the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter 6.05 to Title 6 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 Ord 20-01 FIRST READING – January 14, 2020 Page 2 of 3 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 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 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 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. Ord 20-01 FIRST READING – January 14, 2020 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on January 14, 2020 and setting such public hearing for January 14, 2020 at the Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on January __, 2020. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney January 14, 2020 EXHIBIT A CHAPTER 6.05 – SALE OF ANIMALS FROM INHUMANE COMMERCIAL BREEDING FACILITIES 6.05.010. Definitions. For the purpose of this Chapter, the following definitions shall apply: Animal care facility means an animal control center or animal shelter, maintained by or under contract with any state, county or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes. Animal rescue organization means any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes. Animal shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals. Cat means any animal of the species Felis catus or any hybrid thereof. Certificate of source means a document declaring the source of the dog or cat sold or transferred by the pet store. The certificate shall include the name and address of the source of the dog or cat. Dog means any animal of the family Canidae, regardless of sex, including, without limitation, those related to the wolf, fox, coyote, or any other domestic canid hybrid thereof. Hobby Breeder means an individual or establishment who delivers, offers for sale, barters, auctions, gives away, or otherwise transfers or disposes directly to the public only animals that were bred and reared on the premises of the person or establishment, on which premises a consumer may view the conditions where the animals were bred and reared, and speak with the breeder directly. Pet store means a retail establishment not meeting the definitions of animal care facility, animal rescue organization, or animal shelter that delivers, offers for sale, displays, offers for adoption, barters, auctions, gives away, or otherwise transfers cats and dogs to any person. Pet store operator means a person who owns or operates a pet store. 6.05.020. Prohibition. Except as provided in Section 6.05.030, no person or establishment shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the Town of Avon on or after the effective date of the ordinance codified in this Chapter. 6.05.030. Exceptions. The prohibition in Section 6.05.020 shall not apply to lawfully operated hobby breeders, animal care facilities, animal rescue organizations, or animal shelters. 6.05.040. Adoption of shelter and rescue animals. Nothing in this Chapter shall prevent a pet store or its owner, operator or employees from providing space and appropriate care for dogs and cats owned by a lawfully operated animal care facility, animal rescue organization, or animal shelter for the purpose of adopting those animals to the public, provided that the pet store shall not ha ve any ownership interest in the animals offered for adoption and shall not receive a fee for providing space or appropriate care. January 14, 2020 6.05.050. Certificate of Source Required. A pet store that lawfully offers space for the sale or adoption of dogs or cats shall post, in a conspicuous location on the enclosure of each such animal a certificate of source, as such term is defined in this Chapter. 6.05.060. Violations and Penalties. (a) 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. Each violation of this Chapter shall constitute a separate offense. (b) In addition to the penalty provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance, and may be summarily abated by the Town as such. In any case in which the Town prevails in a nuisance abatement action initiated pursuant to this Chapter, the Town may recover its reasonable attorney fees plus costs of the proceeding. [970-748-4023] [cmcwilliams@avon.org] TO: Honorable Mayor Smith Hymes and Council members FROM: David McWilliams, Town Planner and Matt Pielsticker, Planning Director RE: RESOLUTION 20-01 APPROVING A FEES-IN-LIEU CALCULATION FOR THE FRACTIONAL REMAINDER OF THE EMPLOYEE MITIGATION REQUIREMENT GENERATED FROM CHAPTER 7.20.100, EMPLOYEE HOUSING MITIGATION DATE: January 9, 2020 SUMMARY: Before Council is a resolution approving a fees-in-lieu calculation for the fractional remainder of the Employee Mitigation Requirement generated from Chapter 7.20.100, Employee Housing Mitigation. BACKGROUND: In 2019, Town Council approved Ordinance 19-03, requiring housing mitigation (linked below) for many new development types. Applicants are required to offset a portion of employees generated with construction of new units or placing a deed restriction on existing units, as set forth in chapter 7.20.100(f) of the Avon Municipal Code. Town Council is required to certify the mitigation profile for a given project. For the Employee Housing Mitigation requirement generated that totals less than 1.0 employee, a fee-in-lieu is permitted. This Resolution defines how the fee will be calculated. FEE RATIONALE: The fee-in-lieu calculation (first chart in Exhibit A) follows a model used by Eagle County and breaks down the difference between an employee vs. market rate house as a question of price per square foot in order to compare the two markets. For the formula, staff proposes the difference between the prevailing market prices and the maximum affordable sales price to use a family of three at 80% Area Median Income (AMI). Staff encourages a debate regarding the 80% AMI number, but not the formula itself. The 3- member household is used to represent an average family seeking a house. Avon’s 2018 Community Housing Plan informed the lowest AMI to target. The plan states: •As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase housing serving the local year-round population. •When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120% AMI level. The final consideration goes back to square footage. The code defines a studio as a minimum 500 square foot unit offsetting 1.25 employees. In other words, one (1) employee would occupy 400 square feet. Therefore, the model takes the fractional employee mitigation required (e.g. .95 employee equivalents required to be offset in the example from Exhibit A) to be offset, multiplied by the minimum square footage for an employee (400), multiplied by the fee per square foot ($217.71). The 80% AMI rate proposed yields $87,483 per employee equivalent, while an AMI of 100% would produce a fee-in-lieu of $65,389 per employee equivalent. The funds collected go to the Affordable Housing Fund (currently valued at $989,769), to be used for future projects and collaboration. The 80% AMI requirement would enhance the Town’s goal of producing housing available for people at that target. RECOMMENDATION: I recommend approval of the resolution. [970-748-4023] [cmcwilliams@avon.org] OPTIONS: Town Council could change the AMI in the formula to another number that better accomplishes the goals of the Chapter 7.20.100 and the Comprehensive Plan. PROPOSED MOTION: “I move to approve Resolution 20-01, thereby approving a fees-in-lieu calculation for the fractional remainder of the Employee Mitigation Requirement generated from Chapter 7.20.100, Employee Housing Mitigation.” Thank you, David McWilliams ATTACHMENT: A - Resolution 20-01 EXHIBIT: A - Community Housing Fee-In-Lieu Calculation LINK: Chapter 7.20.100 – Employee housing mitigation. TOWN OF AVON RESOLUTION 20-01 A RESOLUTION APPROVING THE FEES-IN-LIEU CALCULATION FOR THE EMPLOYEE MITIGATION REQUIREMENT WHEREAS, the Town of Avon (the “Town”) requires Employee Housing Mitigation for certain new development pursuant to Chapter 7.20.100, Employee Housing Mitigation, Avon Municipal Code; WHEREAS, the Avon Comprehensive Plan strives to meet a diverse range of housing types to serve all segments of the population, including the following policy directives: Policy E.1.1: Establish policies and programs, which address housing needs that are attainable to different Area Median Income (AMI) ranges. Evaluate the mitigation rate required of development. 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. WHEREAS, the Avon Community Housing Plan seeks “no net loss of units in the 80%-120% AMI range” as sites redevelop, including securing new funding sources such as increased linkage fees; and WHEREAS, the Avon Town Council finds that targeting 80% AMI for the fees-in-lieu formula is appropriate in order to strengthen the Town’s Affordable Housing Fund and leverage Community Housing projects with public-private partnerships; and WHEREAS, the Town is required per Chapter 7.20.100(f)(5), Avon Municipal Code, to determine a fees-in-lieu calculation for the fractional remainder of the Employee Housing Mitigation requirement generated from the development; NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, Colorado that Exhibit A – Community Housing Fee-In-Lieu Calculation is certified as the fee-in-lieu calculation for the fractional remainder of development required to be offset by Chapter 7.20.100(f)(5), Avon Municipal Code. MOVED, READ AND ADOPTED by the Avon Town Council, on January 14, 2020. TOWN OF AVON, COLORADO ________________________________ Sarah Smith-Hymes Mayor ATTEST: ___________________________ Brenda Torres Town Clerk Attachment A Avon Affordable Housing Mitigation 1 Exhibit A to Avon Town Council Resolution 20-01 Community Housing Fee-In-Lieu Calculation The Fee-in-Lieu (FIL) fee is calculated based on the difference between the market price of housing and the price that is affordable to households with incomes targeted by the Avon Community Housing Plan. The following method shall be used by the Town Planning Department staff to calculate the FIL and present the results to Town Council for certification. Subtracting the maximum affordable housing cost (defined as housing cost not to exceed 30% of gross income and based on a 30 year fixed mortgage at 5.5% interest with a 10% down payment) for a residential unit at 80% of the area median income for Eagle County, Colorado, as calculated in accordance with the most current U.S. Department of Housing and Urban Development area median income figures (AMI) from the average market-based housing cost per square foot (calculated annually and included in the Eagle County Affordable Housing Guidelines) for a residential unit, with a 15% administrative fee. This is the total payment required to satisfy one (1) employee equivalent. To determine the amount of Employee Housing Mitigation that must be provided, the following formulas shall be used: Table 7.20-14 Employee Housing Mitigation Formulas Factor Calculation Commercial Size of development Leasable square feet Workers Required 2.8 per 1,000 sq. ft. Rate x sq. ft./1,000 Jobs per Employee 1.2 Workers Generated/1.2 Calculation of Feed-in-Lieu Area 80% of Median Income for Family of 3 $ 67,680 Maximum Initial Sales Price $ 234,578 Average Deed Restricted Unit SF 1,221 Affordable Price per square Foot $ 192.12 Market Price per Square foot $ 382.30 Administrative Fee 15% Payment in Lieu per Square Foot $ 218.71 Payment for One Employee Equivalent $ 87,483 Avon Affordable Housing Mitigation 2 Required mitigation 20% mitigation Jobs generated x 20% Lodging and Property Management Size of development # of rooms or # of units Workers Required Lodge/hotel - 0.8/ room; # of rooms x 0.8 Prop. management - 0.4/ unit # of units x 0.4 Jobs per employee 1.2 jobs per employee Workers Generated/1.2 Required mitigation 20% mitigation Workers generated x 20% Residential Size of development # of Dwelling Units Workers Required .33 per Dwelling Unit # of units x 0.33 Jobs Per Employee 1.2 Workers Generated/1.2 Required mitigation 20% mitigation Workers Generated x 20% All proposed units shall comply with the minimum size requirements shown in Table 7.20-15, and all applicable design requirements. Table 7.20-15 Minimum Size of Housing Units Type Minimum Size of Unit (Square Footage) Number of Employees Housed Studio 500 1.25 1 750 1.75 Avon Affordable Housing Mitigation 3 bedroom 2 bedrooms 900 2.25 3 or more bedrooms 1,225 3.5 The total FIL is calculated by subtracting the unit type(s) offset (per Table 7.20-15) from the employee mitigation required (per Table7.20-14), at the fractional remainder of the requirement (per 7.20.100(f)(5)), where one employee is credited 400 square feet. For example, a project with 142 hotel rooms, 4 condo units, and 536 square feet of retail would be required to offset the equivalent of 19.45 employees, per the table below: Employee Mitigation Generator USE Units Emp. Rate Jobs Jobs/ Emp. Total Emp. Generated Mitigation Rate Emp. Mitigation Required Lodge/Hotel 142 .8/Rm 113.6 1.2 94.7 20% 18.93 Prop. Management 4 .4/Rm 1.6 1.2 1.3 20% 0.27 Commercial SF 536 2.8/1000 1.5 1.2 1.3 20% 0.25 19.4501 While there are several ways to offset the requirement, a sample method is illustrated below: Employee Mitigation Credited 3 br @ 3.5 Emp / unit 2 br @ 2.25 Emp. / unit 1 br @ 1.75 Emp. / unit Studio @ 1.25 Emp. / unit Total Employees Housed Fractional Remainder Employee Equivalent Factor Payment in Lieu Required 4 2 18.5 0.9501 $ 87,483.46 $ 83,121.46 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, Planning Director RE: Approval of Deed Restriction Agreement for two (2) Units Riverfront Lodge, Lot 4, Riverfront Subdivision DATE: January 14, 2020 SUMMARY: In 2017 the Town Council approved Ordinance 17-16, approving PUD Amendments and an extension to the vested property rights for portions of the Riverfront PUD. As a condition to Ordinance 17- 16, the PUD requires the following: “Owner shall convey deed restrictions for two (2) residential units in the Condominium Building to the Town of Avon as a condition of receiving any certificate of occupancy, the residential units shall be a minimum of 800 sq. ft., the deed restriction shall be permanent, recorded at the Eagle County Clerk and Recorders office, shall limit the use of the residential units to occupancy by persons employed or working full-time in Eagle County (defined by working at least 32 hours per week for at least 8 months in a calendar year), and the form of the Deed Restriction shall be acceptable to the Town of Avon and shall be consistent with other Deed Restrictions conveyed to the Town of Avon with similar terms.” The attached deed restriction agreement (Attachment A) represents a covenant that will be recorded with the Eagle County Clerk and Recorders office, running in perpetuity with two (2) units in the Riverfront Lodge building. The units are currently under construction and are expected to be complete later this year. The units will exceed 800 sq. ft. in size and will likely be 2-bedroom units. The form and agreement have been reviewed and approved by Michael Sawyer of Karp Neu Hanlon Attorneys at Law, serving as special legal counsel to the Town. Avon’s Town Attorney has disclosed a conflict of interest with this development project. Action on this agreement is by motion and vote of the Town Council, after considering public comments. DISCUSSION: The form of this agreement was developed cooperatively with the property owner and Town staff. An appropriate level of flexibility is built into the agreement to permit employer ownership, in addition to owner occupancy, as long as full-time employee occupancy. In either case, yearly documentation will be a requirement of the agreement. The documentation required to verify occupancy is at the discretion of the Town Manager and is drafted to be consistent with parallel language for primary residency used in Ordinance 19-05. All other provisions of the agreement are intended to be consistent with similar agreements previously approved by the Town (i.e. Wildridge Gandorf resident-only occupancy agreement) and neighboring jurisdiction’s agreements (i.e. Vail Indeed) that were approved in recent years. FINANCIAL CONSIDERATIONS: The agreement requires a fee of $250 for processing the review of a qualified buyer and/or tenant for the deed restricted units. This fee matches the fee charged by the Eagle Valley Home Store when reviewing these requests. Budget is included in Community Development’s Departmental budget each year to account for these and other transfers. RECOMMENDATION: I find the attached agreement to meet the spirit and intent of the conditions added to Ordinance 17-16. Additionally, portions or all of this agreement may serve as a useful starting point for other Community Housing projects’ in the future. 970-748-4413 mpielsticker@avon.org OPTIONS: Council can approve the document as drafted, or approve with modifications. If desired, action can be to continue to a future meeting. As stipulated by Ordinance 17-16, the agreement is a condition precedent to receiving any certificate of occupancy. The developer has gone to market with these units and final approval of the agreement is necessary to properly disclose these restrictions in full form to potential buyers well in advance of certificates of occupancy. PROPOSED MOTION: “I move to approve the Deed Restriction Agreement for two (2) units in the Riverfront Lodge.” Thank you, Matt ATTACHMENT: Attachment A: Town of Avon – Resident Occupied Community Housing Deed Restriction Page 1 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction TOWN OF AVON - RESIDENT OCCUPIED COMMUNITY HOUSING DEED RESTRICTION NON-PRICE CAPPED THIS DEED RESTRICTION (“Deed Restriction”) is made and executed on ___________________________________, 2019 by CRP/EWP Riverfront Avon Owner II, L.L.C., a Delaware limited liability company (“Declarant”), for the benefit of the Town of Avon, a Colorado home rule municipality (“Town”). WHEREAS, as a condition of Ordinance 17-16, Extending the Vested Property Rights and Approving a Minor PUD Amendment for Lots 4-7, Riverfront Village PUD and Subdivision, the Town Council of the Town of Avon required that the “Property”, as defined below in Section 1., to be subject to and encumbered by a Resident Occupied Community Housing Deed Restriction which limits the occupancy and use of the Property to full-time residents of the Town of Avon who meet the definition of Eagle County Employee and limits ownership of the Property to Eagle County Employees and Eagle County Employers, in accordance with the terms set forth in this Deed Restriction; and, WHEREAS, Declarant and Town desire to enter into this Deed Restriction. NOW, THEREFORE, for value received and in consideration of mutual promises and to satisfy the condition of Ordinance No. 17-16 to execute a Deed Restriction, Declarant does hereby declare and impose the following covenants on the Property described below, which covenants shall burden and run with the Property in perpetuity for the benefit of the Town until modified or released by the Town. COVENANTS 1. Property. The following real property is hereby burdened with the covenants and restrictions specified in this Deed Restriction: Condominium Unit 101, Riverfront Lodge, according to the Condominium Map recorded ____________, 20__, at Reception No. ______________, and as defined and described in the Condominium Declaration for Riverfront Lodge, recorded _______________, 20__, at Reception No. ________________ in the Office of the Clerk and Recorder of Eagle County, Colorado (“Property”). The Town shall record this Deed Restriction against the Property at Declarant’s expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that such residence is the primary residence for that person. Attachment A Page 2 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction b. Owner means the Owner of the Property and may include either a Qualified Owner or Non- Qualified Owner, as the context requires. i. Qualified Owner means (1) a natural person who is an Eagle County Employee; or (2) an owner of a business, business entity or organization (including for profit, non-profit, public and governmental entities) with operations located within the boundaries of Eagle County who intends to rent or provide rent-free the Property to an employee (or employees) who is an Eagle County Employee, and in each case who possesses an ownership interest in the Property in compliance with the terms and provisions of this Deed Restriction and whose qualifications to own the Property have been certified by the Town at the time the Owner takes title to the Property. ii. Non-Qualified Owner means any person who does not meet the definition of Qualified Owner including persons who originally qualified as a Qualified Owner but whose circumstances change and who no longer meet the definition of Qualified Owner. c. Primary Residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the applicant is continuously occupying and using the residence as a primary residence. Primary residence status may be maintained if unforeseen circumstances arise that requires the resident Eagle County Employee to temporarily leave the residence for a period not to exceed nine (9) months with the intent to return, and the residence is leased to another Eagle County Employee(s) after receiving written approval from the Town Manager. d. Second Home shall mean the status of the Property when used by any person who has a primary residence that is other than the Property. e. Short Term Rental shall mean the rental or lease of the Property for a period of time that is fewer than thirty (30) days. f. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Ownership. Ownership of the Property shall be limited to a Qualified Owner (who may take title with such Qualified Owner’s spouse or civil union partner [if the Qualified Owner is a natural person who is an Eagle County Employee] and/or with a co-signor if the co- Page 3 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction signor is signing for the sole purpose of facilitating the financing qualifications of the Qualified Owner and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes). b. Occupancy and Use. Occupancy and use of the Property shall be limited to one or more Eagle County Employees for occupancy and use as a Primary Residence. Permitted occupancy and use shall include immediate family members of such Eagle County Employee or Employees and temporary invitees who do not provide compensation for temporary residence at the Property. Any lease of the Property by the Owner shall be to an Eagle County Employee or Employees for use as a Primary Residence for periods of thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short Term Rental is prohibited. Any use or lease of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction. c. It shall not be deemed a violation of Sections 3.a or b. above if i. The resident Eagle County Employee becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The resident Eagle County Employee has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to an Eagle County Employee, provided that the period of vacancy of the Property shall not exceed twelve (12) months. d. Owner covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3. e. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eagle County Employee and Primary Residence status. f. The Owner of the Property shall submit to the Town an annual certification setting forth evidence establishing that the Property’s occupancy and use complies with this Deed Restriction on a form provided by the Town. The Town shall provide a written request with at least thirty (30) days’ notice for verification of occupancy, which notice shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office. 4. Re-Sale Controls. The Property may not be sold or otherwise transferred to any person other than a Qualified Owner in accordance with the procedures for prior verification contained in this Section 4. Page 4 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction a. Owner shall deliver to the Town a written notice of intent to sell the Property which notice shall include the name(s) of the buyer(s) and all information required to determine whether the buyer(s) meets the definition of Qualified Owner. b. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a determination as to whether a prospective Buyer(s) meets the definition of a Qualified Owner. The administrative fee may be increased by the Town Council over time by an amount equal to annual increases in the Consumer Price Index for All Urban Consumers for the Denver-Aurora-Lakewood, Colo., metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the Town’s costs associated with processing the application. c. Once the Town has received complete information concerning the prospective Buyers(s) and has received the administrative fee, the Town shall review the information and make a written determination as to whether the buyer(s) meets the definition of a Qualified Owner within a reasonable time and not to exceed thirty (30) days. d. The Town may require the Buyer to reimburse the Town for any additional costs that are incurred in the review and determination of whether a buyer(s) meets the definition of a Qualified Owner, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the Town to complete its investigation. e. The Owner may sell and convey the Property to the Buyer(s) that is determined in writing by the Town to be a Qualified Owner. 5. Default by Owner. A default by Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner. b. Acceptance of the Property by a person or entity that is not a Qualified Owner. c. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to obtaining certification from the Town that such person is a Qualified Owner. d. Any ownership, use or occupancy of the Property in violation of Section 3 above, including, without limitation, any lease of the Property to a person or entity that is not an Eagle County Employee. e. Failure to submit an annual certification of occupancy and use as described in Section 3.f above. f. Failure to make payments and comply with the terms of any deed of trust placed on the Property. Page 5 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction g. Executing a deed of trust, lien or other encumbrance which encumbers the Property with an indebtedness or obligation that exceeds eighty-five (85%) of the loan to value ratio of the Property at the time of executing such deed of trust, lien or other encumbrance. h. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. i. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least 24 hours written notice. Notice to the occupants may be given by posting notice on the door to the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice. 6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Town Council of the Town. A decision of the Town Council of the Town may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Town Council of the Town (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Town Council of the Town is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 7. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs Page 6 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction related to enforcement of this Deed Restriction, including but not limited attorney’s fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31- 20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property which violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 8. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages) and in addition to the right of the Town to recover costs and seek equitable remedies. 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. c. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. The Town shall have thirty (30) days after issuance of the public trustee’s deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering Page 7 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee’s deed or the recording of a deed in lieu of foreclosure through the date of the Town’s purchase. f. Notwithstanding Section 9.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development (“HUD”) and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have the option to purchase (“Option to Purchase”) the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days (“Option Period”). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. c. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances up to the maximum amount defined in Section 5.g. above (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re-conveyance to a subsequent Qualified Owner. d. The Town shall have the right to assign the Town’s right to purchase the Property to any Qualified Owner provided that this Deed Restriction shall remain in effect and burden the Property. e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, “and warrant title against all persons claiming under me.” f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction Page 8 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction as provided in Section 9.d above, subject, however, to Section 9.f above. In the event that Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 12. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. Page 9 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Successors. Except as otherwise provided herein, the provisions and covenanted contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The covenants shall be a burden upon and run with the Property for the benefit of the Town or the Town’s assigns, who may enforce the covenants and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. j. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. k. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. l. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor’s office. [signature page follows] Page 10 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. OWNER: CRP/EWP Riverfront Avon Owner II, L.L.C., a Delaware limited liability company By:_________________________________ Name: ______________________________ Its: _________________________________ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day o f____________________, 2020, by ___________________________________ as ___________________ of CRP/EWP Riverfront Avon Owner II, L.L.C., a Delaware limited liability company, as the owner of the real property described above. Witness my hand and official seal. ______________________________ Notary Public My commission expires: ________________ Page 11 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction TOWN OF AVON, CO: By:__________________________________ Attest:______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Subscribed before me this ______ day of _______________, 2020, by Sarah Smith Hymes, as Mayor, and Brenda Torres, as Town Clerk of the Town of Avon, a Colorado home rule municipal corporation. My commission expires: ___________________ __________________________________________ Notary Public 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council FROM: Paul Wisor, Town Attorney; Scott Wright, Finance Director RE: Approval of Intergovernmental Agreement Between Eagle County and the Town Concerning the Collection of Taxes on the Sale of Cigarettes DATE: January 5, 2020 SUMMARY: The Town imposes its own excise tax on the sale of cigarettes. Eagle County voters recently authorized the County to impose its own sales tax on cigarettes, but Eagle County’s sales tax is higher than the Town’s. A recent Colorado law provides a county that imposes a sales tax on cigarettes may only collect such tax within the boundaries of a municipality that imposes a similar tax only if the two entities enter into an intergovernmental agreement providing for the collection and distribution of the respective taxes. Council is asked to approve the intergovernmental agreement between Eagle County and the Town concerning the collection of taxes imposed on the sale of cigarettes (the “IGA”). BACKGROUND: In November 2018, the Town passed a ballot initiative implementing an excise tax of three dollars ($3.00) per pack of cigarettes or fifteen cents ($0.15) per cigarette sold within the mun icipal limits of the Town and a 40% sales tax on all other tobacco and nicotine products. In 2019, the Colorado General Assembly passed, and the Governor signed, HB 19-1033, which authorizes a county to levy, collect, enforce and administer a county-wide special sales tax upon all sales of cigarettes, tobacco products, or nicotine products within the unincorporated and incorporated areas of the county, but in the event a municipality has passed its own special sales tax upon all sales of cigare ttes, tobacco products, or nicotine products, the county may only continue to levy, collect, enforce and administer its special sales tax within the municipal limits of that incorporated area of the county if the county and the municipality enter into an agreement permitting the county to do so. In November 2019, Eagle County passed a county-wide special sales tax of four dollars ($4.00) on each pack of cigarettes, or twenty cents ($0.20) per cigarette sold, and 40% on the sale of all other tobacco and nic otine products within the incorporated and unincorporated areas of Eagle County. As such, Eagle County imposed an additional one dollar ($1.00) on the sale of a pack of cigarettes and an additional five cents ($0.05) on each cigarette above that imposed by the Town. ANALYSIS: Pursuant to HB 19-1033, staff has worked with Eagle County to craft an intergovernmental agreement authorizing the Town to collect all taxes imposed by both the Town and Eagle County on the sale of cigarettes, and remit to Eagle County the additional amounts imposed by Eagle County, less collection expenses. That is, on the sale of a pack of cigarettes, the Town will collect four dollars ($4.00). The Town will retain three dollars and remit one dollar ($1.00) to Eagle County, less the Town’s expenses. The IGA will last so long as Eagle County imposes its cigarette tax or the Town increases its tax to equal or exceed Eagle County’s tax. Given the IGA could last more than ten years, five votes are needed to approve the IGA. Eagle County has approved the IGA. FINANCIAL CONSIDERATIONS: The Town will need to spend around $3,000 so its vendor, MUNIRevs, can reprogram the Town’s tax collection software; however, the Town will deduct this amount from the taxes to be remitted to Eagle County. Page 2 of 2 RECOMMENDATION: Approve the IGA. OPTIONS: Council can approve the IGA and allow Eagle County to collect additional taxes on the sale of cigarettes. Council can deny approval of the IGA, and Eagle County will not receive its voter-approved tax. In the event Council denies approval, the Town would not be entitled to collect or retain the additional tax imposed by Eagle County. PROPOSED MOTION: “I move to approve the intergovernmental agreement between Eagle County and the Town concerning the collection of taxes on the sale of cigarettes.” Thank you, Paul and Scott ATTACHMENT: Intergovernmental Agreement 1 INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND THE TOWN OF AVON CONCERNING THE COLLECTION OF SALES TAXES ON THE SALE OF CIGARETTES THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is made and entered into this 14th of January 2020, among EAGLE COUNTY, COLORADO (the “County”), a body corporate and politic and political subdivision of the State of Colorado (the “State”), and THE TOWN OF AVON (the “Town”), a home rule municipality and political subdivision of the State. The County and the Town are referred to collectively herein as “the Parties” or individually as “a Party.” WHEREAS, pursuant to title 29, article 1, part 2, section 203, Colorado Revised Statutes, as amended (the "Intergovernmental Relations Statute''), and Article XIV, Section 18 of the State Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility; and WHEREAS, tobacco and nicotine use is the leading cause of preventable death in Colorado and in the United States generally; and WHEREAS, after decades of effective anti-smoking campaigns and decreasing smoking rates in the U.S., there has been a surprising upturn in youth tobacco use as well as children’s use of nicotine via electronic smoking devices (“vaping”); and WHEREAS, based on a comprehensive review of evidence, the Surgeon General declared the use of e-cigarettes and vaping products by youth to be an epidemic and has called raising prices on cigarettes “one of the most effective tobacco control interventions” because increasing the price of these products is proven to reduce smoking and vaping, especially among teens; and WHEREAS, studies have shown that for every 10% increase in pricing, the consumption of cigarettes, tobacco products, and nicotine products is reduced up to 15% in those persons under 18 and up to 7% in those 18 or older; and WHEREAS, tobacco and nicotine products are unique among consumer goods because they kill a significant percentage of all regular users when used as intended and the Surgeon General has projected that without further action, 5.6 million youth who are 0-17 years old today will die prematurely from tobacco and nicotine use; and WHEREAS, studies have shown that approximately 96% of smokers began smoking before the age of 21 with most beginning before the age of 16, due in part to the fact that youth brains are in a stage of development that makes it easier to become dependent on nicotine; and WHEREAS, in 2018, the Town passed a ballot initiative implementing an excise tax of three dollars ($3.00) per pack of cigarettes or fifteen cents ($0.15) per cigarette sold within the municipal limits of the Town and a 40% sales tax on the sale of all other tobacco and nicotine products; and WHEREAS, in 2019, the Colorado General Assembly passed, and the Governor signed, House Bill No. 19-1033 (the "Act''), which authorizes a county to levy, collect, enforce and administer a county- wide special sales tax upon all sales of cigarettes, tobacco products, or nicotine products within the unincorporated and incorporated areas of the county, but in the event a municipality has passed its own special sales tax upon all sales of cigarettes, tobacco products, or nicotine products, the county may only continue to levy, collect, enforce and administer its special sales tax within the municipal limits of that incorporated area of the county if the county and the municipality enter into an agreement permitting the county to do so; and 2 WHEREAS, in 2019, to combat the upturn in youth tobacco use, the County passed a county-wide special sales tax of four dollars ($4.00) on each pack of cigarettes, or twenty cents ($0.20) per cigarette sold, and 40% on the sale of all other tobacco and nicotine products within the incorporated and unincorporated areas of the County; and WHEREAS, the Parties desire to agree to allow the County to levy, collect, enforce and administer its county-wide special sales tax upon all sales of cigarettes, tobacco products, or nicotine products within the municipal limits of the Town as more fully set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Definitions. The term “cigarettes” as used herein shall have the same meanings as set forth in the laws, rules, and regulations of the State of Colorado including but not limited to Section 18-13- 121(5), and Section 39-28-202, C.R.S., unless the context otherwise requires. Section 2. Implementation of the County Cigarette Sales Tax. The Parties agree, pursuant to Section 39-28-112(3), C.R.S., that the County may levy, collect, enforce and administer a portion of its recently enacted county-wide sales tax on the sale of cigarettes within the municipal limits of the Town. The County shall be permitted to levy, collect, enforce and administer that portion of its tax which exceeds the Town’s sales tax on the sale of cigarettes such that the County may collect an amount of one dollar ($1.00) per pack or five cents ($0.05) per cigarette sold within the municipal limits of the Town. Section 3. Administration, Powers and Duties. The Town or its authorized designee shall (a) collect, administer, and enforce the Town and the County’s special sales tax on the sale of cigarettes, and (b) distribute the revenue from the taxes as described in Section 4 of this Agreement. The County hereby agrees to pay the Town a collection fee of 6% of the County’s revenues from its special sales tax on the sale cigarettes collected within the municipal limits of the Town. In addition, the County will reimburse the Town for any additional costs to the Town resulting from the collection, administration, and enforcement of the County’s tax. Section 4. Distribution of Revenues. The Town or its authorized designee shall collect and distribute the sales tax revenues. The Town will remit to the County the County’s portion of the revenues from the taxes less (a) the 6% collection fee and (b) additional sums for the reimbursement for upfront costs as stated in Section 3 of this Agreement on the 45th day following the month of collection of such revenues. Section 5. Licensing, Regulation, Additional Fees or Taxes. This Agreement shall not limit each Party’s authority to independently license each retailer of cigarettes, nicotine products and tobacco products within its jurisdictional boundaries as it deems necessary and appropriate and to impose additional taxes, fees, or fines in excess of the sales tax as may be warranted. Section 6. Amendment of Agreement. This Agreement may be modified or amended only by a duly executed written agreement with the express approval of the governing bodies of the Parties. Section 7. Term and Termination of the Agreement. a. Effective Date. The term of this Agreement shall begin upon execution. b. Termination. The term of this Agreement shall end upon the imposition of a new sales tax on cigarettes by the Town, which tax equals or exceeds the tax on cigarettes then imposed by the County or upon the written request of either party. Section 8. Execution and Performance of Agreement in Accordance with Law. Each Party hereby represents to the other Party that it has adopted and executed this Agreement in accordance with applicable law. Each Party shall perform their respective obligations and expend any revenues derived hereunder in accordance with all applicable laws, rules, and regulations, including but not limited to the Act, this Agreement, and a voter-approved ballot measure. 3 Section 9. No Waiver of Immunity. All actions or omissions by any Party, including their respective representatives, employees, agents, volunteers or officials, shall be the sole responsibility of the respective Party. The Parties understand and agree that liability for claims for injuries to persons or property arising out of the actions or omissions of any Party is controlled and limited by the provisions of the Colorado Governmental Immunity Act (“Immunity Act”) title 24, article 10, Colorado Revised Statutes, as now or hereafter amended and that the Parties do not intend to waive by any provision of this Agreement the liability limitations or any other right, immunity or protection afforded by the Immunity Act or as may otherwise be afforded by law. Section 10. Dispute Resolution. a. The Parties shall attempt to informally resolve all disputes and claims arising from or related to this Agreement, beginning first with discussion among Town and County staff, and if not resolved, escalating to discussions between the Town Manager and County Manager, and ultimately to the Town Council and Board of County Commissioners. b. Any and all disputes and claims arising from or related to this Agreement that are not resolved pursuant to Section (a), above shall thereafter be submitted to mediation. The Parties shall share equally the mediator's fees and costs associated with the mediation, and each Party shall pay its own fees, costs, and expenses related to the mediation. If the dispute is not resolved by mediation, a Pa rty may commence a Court proceeding, with jurisdiction and venue residing exclusively in the Eagle County District Court. Each Party waives its right to have such dispute decided by jury trial. The prevailing Party shall be awarded its reasonable attorneys' fees, costs, and expenses, including any attorneys' fees, costs, and expenses incurred in collecting or executing upon any judgment, order, or award. Section 11. Confidentiality. For purposes of ensuring proper distribution of the sales tax revenues, the County and the Town shall share and exchange confidential information obtained by the Parties or provided by the State subject to any limitations of the State and all statutes and local ordinances controlling the same while maintaining taxpayer confidentiality. All such information exchanged shall remain strictly confidential and shall be used only for the purposes designated herein. Section 12. Parties in Interest. Nothing expressed or implied herein is intended or shall be construed to confer upon any person other than the Parties any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the Parties. Section 13. No Personal Liability. No covenant or agreement contained in this Agreement shall be deemed to be the covenant or agreement of an elected or appointed official, officer, agent, servant or employee of any Party in his or her individual capacity. Section 14. Notices. Except as otherwise provided in this Agreement, all notices or other communications by either Party shall be in writing, shall be given in a reasonable time and shall be deemed given when actually received. Section 15. Severability. If any clause, provision, subsection, or Section of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the Agreement shall be reformed to the extent necessary to reflect the intent and purpose of the original agreement or the Parties may terminate this Agreement. Section 16. Interpretation. Because this Agreement is the result of mutual negotiation and drafting, in the event this Agreement is deemed to be ambiguous or vague, the Parties agree that the rule of construction that "ambiguities shall be construed against the drafter" shall not apply. In the event of any conflict between the Act, the Intergovernmental Relations Statute or any other law with respect to the exercise of any such power, the provision that permits the broadest exercise of the power consistent with the limitations set forth in this Agreement shall control. The laws of the State shall govern the construction and enforcement of this Agreement. 4 Section 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement. Electronic or scanned signatures shall be valid and acceptable for all purposes. IN WITNESS WHEREOF, this Agreement has been executed by the Parties effective as of the date set forth above. EAGLE COUNTY, COLORADO By: _______________________ Jeanne McQueeney, Chair ATTEST: By: __________________________ Regina O’Brien, Clerk and Recorder TOWN OF AVON By: _____________________ Sarah Smith Hymes, Mayor ATTEST: By: _________________________ Brenda Torres, Town Clerk 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: Avon Water Tap Fees DATE: January 9, 2020 SUMMARY: The adopted 2020 strategic plan includes a request to evaluate the residential tap fee structure to ensure that the fee is equitable for different residential home sizes and to explore the viability of making water tap fee adjustable based on unit size. The Town of Avon water tap fee structure currently is $4000 per single family equivalent (SFE) which is defined as a 3,000 SF property. BACKGROUND: The water tap fee schedule is adopted by Council and is in Title 13, Appendix 13 -A of the Avon Municipal Code. The residential tap fee scheduled is summarized below: 0 to 3000 SF unit $4,000 Over 3,000 SF $2/SF Efficiency Unit (room with kitchen) $2,000 Hotel Room (no kitchen) $1,400 The Town typically receives about $50,000 in water tap fees per year, mostly from housing development in Wildridge. Larger developments, like Riverfront, can generate significantly more water tap fees but are considered one-time events. The Town does not receive the water tap fee revenues from Mountain Star or the Village (at Avon) developments. The Village (at Avon) water tap fees were waived in 1st Amendment to Water Service and Tap Fee Allocation Agreement dated June 22nd, 1999 which allows Avon’s water tap fee revenues to be remitted to the Traer Creek Metropolitan District. The Mountain Star water tap fees are rebated to Mountain Star to defray the cost of a portion of the water tank constructed in 2016. Commercial developments pay a tap fee based on the water meter size. Town Council adopted Ordinance 19-01 which allows water tap fees for Community Housing to be deferred or to be used for water system improvements and extension to serve the development. Colorado and Federal law limits use of water tap fees to water infrastructure projects and cannot be transferred to the General Fund. Water tap fees are placed into the Water Fund and are used for protecting Avon’s water rights and for water infrastructure projects owned by Avon including Nottingham Lake, Nottingham Reservoir, and irrigation ditches. FINANCIAL CONSIDERATIONS: There are only several lots remaining in Avon that are available for residential development and are located where the tap fee is applicable. These lots include lots 1, 6 and 7 in Riverfront, Colorado World Resorts, and the remaining non-developed lots in Wildridge. The following table estimates the revenue impacts for adjusting the tap fee to a $1.25/SF rate instead of $4,000/SFE rate. The $1.25/SF fee was calculated based on converting the $4,000/SFE rate to a per SF rate. Page 2 of 2 Location Estimated Fee using existing schedule $1.25/SF fee Riverfront Lodge $144,000 $56,906 Riverfront Townhomes $76,000 $55,995 Colorado World Resorts $232,486 $132,238 TOTAL $452,486 $245,139 Most of the houses being developed in Wildridge are over 3,000 SF therefore changes won’t impact development in Wildridge. There are no active applications for Tract Y and the lot was not included in the analysis. OPTIONS: The following options are presented for consideration: (1) retain the existing water tap fee structure as is; (2) consider modifications to the existing water tap fee structure to reduce the fee for one bedroom residences; (3) modify the water tap fee to $1.25/Square Foot from the $4,000/SFE (which would result in an estimated loss of $245,139 of water fund revenue); or (4) direct Staff to prepare a study on actual water use for various size residences to propose a new water tap fee str ucture based upon an updated water usage study. TOWN MANAGER RECOMMENDATION: Council should be cautious in any change to the water tap fee schedule. A reduction in the Avon water tap fee schedule could reduce the revenues in the Village (at Avon) that applied to the repayment of existing debt for the Traer Creek water storage ta nk. There is some potential to reduce the revenues rebated to Mountain Star, although that is low risk based upon the anticipated size of any new residences exceeding 3,000 square feet. If Council is concerned about the Avon water tap fee increasing cost for Community Housing projects, Council may consider as an alternative a direct financial contribution to pay the water tap fees, or a portion thereof, to reduce costs for a Community Housing project. Direct financial contribution to subsidize Community Housing is expected at a level that greatly exceeds the $4,000 per residential unit anyway. Thank you, Justin Hildreth TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: Avon Marketing & Branding DATE: January 9, 2020 SUMMARY: The November 12, 2019 Written Report: Update on Marketing Activities and Outreach Efforts provided background on Avon’s marketing efforts from 2016 to present day. This work session is intended to give Council an understanding of the Town’s overall marketing activities and the key components that comprise the Town’s public outreach efforts. We will review 2019 marketing and branding efforts, and outline marketing, branding and communications efforts in 2020. Policy direction will be requested about: •Revisiting the Brand Platform to reflect Climate Action priorities •Avon Tag Line: Endless Possibilities vs. Heart of the Valley •Exterior Bus Wraps ITEMS FOR DISCUSSION: Revisiting the Brand Platform In May 2014, Council approved a new Brand Platform designed and produced by Origin Design. The purpose of the Brand Platform is to express the vision and ‘personality’ of the Town for current and future years. Since its conception, there have been few updates to the Brand Platform, and areas for potential improvement have been identified. The 2014 Brand Platform states “Progressive and ecologically aware” as a Brand Characteristic. However, the current Brand Platform does not list any Brand Characteristics related to environmentalism or climate action. In 2020, the Town joined the Colorado Tourism Office (CTO), Colorado Association of Ski Towns (CAST) and Leave No Trace Center for Outdoor Ethics (LNT) as a Level II Sustainability Partner. The goal of this partnership is to educate visitors about traveling responsibly in Colorado. This partnership entitles us to benefits, such as inclusion and recognition on Colorado.com and in CTO publications, in addition to access to LNT trainings and certifications. Due to the Town’s growing interest in climate action and sustainable initiatives, should the Brand Platform, and specifically, the Brand Characteristics, be revised to more strongly represent the Town’s climate action priorities? Avon Tag Line: Endless Possibilities vs. Heart of the Valley In May 2014, Council approved a new Avon logo and tag line, produced by Origin Design. The tagline was developed in conjunction with the Brand Platform. However, the current tag line, Endless Possibilities, is not widely used. Should the Town of Avon current tagline Endless Possibilities be retained? -If not, should we transition back to Heart of the Valley? -Or should a new tag line be developed? -What is the timeline for the development of a new tag line? Exterior Bus Wraps The Town receives about $21,000 in revenue annually for advertisements on the exterior of Town of Avon Transit buses. Should the Town continue to partner with Street Media Group to provide exterior advertising content on Town of Avon buses? 2020 Marketing & Branding Work Session General Branding BRAND POSITION Avon is a year-round mountain town that connects the shared values of both its residents and visitors,creating a one-of-a-kind place to visit,work,grow a business,raise a family and play in a spectacular outdoor setting.Family-inspired events and activities pair with environmental consciousness to unite a community and its visitors in the common desire for a vibrant, genuine,progressive experience in a true mountain town. GOAL: Continue to promote general name/location recognition throughout Colorado. General Branding STRATEGIES Discover Avon Relaunch DiscoverAvon.org will receive a facelift in 2020,adding a “Department Header” package to create a more updatable website that matches the brand platform on Avon.org and AvonRec.org.Revised content and photography paired with re-tooled navigation will create an enhanced end-user experience. Programmatic and Digital Ads Build Avon’s identity as THE place to live,work,and play in Eagle County.Content will feature the Town’s year-round recreational opportunities,central commercial and lodging location,cultural offerings, walkability,and specialty retail shops and restaurants. Special Events Advertising Promote town-produced events from April through October,as well as special events that are independently produced.Media outlets include social media,Vail Daily print and digital media,Everything Vail Valley print and digital media, radio,posters,TOA website and calendar, several external website listings,interior and exterior bus ads and TV8. General Branding PROGRAMMATIC & DIGITAL AD EXAMPLES Total Programmatic Impressions from June 1 –September 1, 2019: 93,844 Events Marketing: Avon LIVE! GOAL: Continue to invest in and refine the Avon LIVE! brand so that it becomes well-known in the Valley, similar to HSN. 2019 Marketing Efforts •TV8 Interviews | Wednesdays for 10 weeks on the stage •Vail Daily Digital Event Ads •Vail Daily & Weekly Print Ads •Posters & Chalkboard Signs •KZYR & AMT Radio Ads •Facebook & Instagram Promoted Posts •Everything Vail Valley Newsletter •VMS Boards •Jambase &Bands In Town Listings Events Marketing: Salute to the USA! GOAL: Use Avon’s signature event to raise brand and geographic awareness throughout Colorado. 2019 Marketing Efforts •TV8 Interview •Vail Daily Digital Site Takeover on 6/28 & 7/1 •Vail Daily & Weekly Print Ads •Vail Daily Digital Ads •KZYR & AMT Radio Ads •Facebook & Instagram Posts •Bridge Banner •Real Estate Newsletters •Jambase and Bands in Town Listings •VMS Boards •Posters & Chalkboards Events Marketing: Other Town-Produced Events GOAL: Generate enthusiasm and awareness of Avon events amongst a wide audience of residents and guests. Egg Hunt •Posters & Chalkboard Signs •Social Media July in January •Posters & Chalkboard Signs •Facebook & Instagram •Vail Daily & Weekly Print •Bridge Banner •AMT Radio •EVV Digital Community Picnic •Posters & Chalkboard Signs •Facebook & Instagram •Sandwich Boards Signs •TOA Newsletter •EVV Newsletter & Digital Events Marketing Colorado Classic Marketing & Communication •Vail Daily Print Ads •Facebook & Instagram •Direct Mail •Door Hanger Printing & Distribution •12 Sandwich Board Signs •KZYR & AMT Radio Ads •Bridge Banner x 2 •Letter to Avon businesses •VMS Boards •Website Banner Total Digital Events Impressions June 1 –September 1: 286,551 Birds of PreyBirds of Prey Video 2020 Events Marketing STRATEGIES All 2020 events will be listed in the following locations: •TOA Website & Calendar •TOA Facebook Event •TOA Monthly Newsletter •TOA Chalkboards •Everything Vail Valley (Vail Daily) •Social Media Posts •Vail Valley Partnership •Colorado Tourism Office •Jambase and Bands in Town (music) •Special Events Poster & Rack Card •TOA Interior Bus Poster •Beaver Creek Interior Bus Poster Policy Direction Policy direction is requested on the following: •Brand Platform •Endless Possibilities Tagline •Exterior Bus Wraps Brand Platform •2014 Brand Platform states “Progressive and ecologically aware” as a Brand Characteristic •Current Brand Platform does not list any Brand Characteristics related to environmentalism or climate action •In 2020, the Town became a Level II Leave No Trace Colorado Tourism Sustainability Partner with a goal of educating visitors about traveling responsibly in Colorado. •Due to the Town’s growing interest in climate action and sustainable initiatives, should the Brand Platform, and specifically, the Brand Characteristics, be revised to more strongly represent the Town’s climate action priorities? Should the Brand Platform, and specifically the Brand Characteristics, be revised to more strongly represent the Town’s climate action priorities? Endless Possibilities Tag Line In May 2014, Council approved a new Avon logo and tag line, produced by Origin Design. The tagline was developed in conjunction with the Brand Platform. However, the current tag line, Endless Possibilities, is not widely used. •Should the current Town of Avon tagline Endless Possibilities be retained? •If not, should we transition back to Heart of the Valley? •Should a new tag line be developed? •If so, What is the timeline for the development of a new tag line? Should the Town of Avon current tag line Endless Possibilities be retained? Exterior Bus Wraps The Town receives about $21,000 in revenue annually for advertisements on the exterior of Town of Avon Transit buses. Should the Town continue to partner with Street Media Group to provide exterior advertising content on Town of Avon buses? Should the Town continue to partner with Street Media Group to provide exterior advertising content on Town of Avon buses? Avon Telluride Breckenridge Thank You AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 10, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 1.CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the meeting to order at 5:02 p.m. A roll call was taken, and Council members present were Amy Phillips, Tamra Underwood, Chico Thuon, Jennie Fancher, Jake Wolf, and Scott Prince. Also present were Town Attorney Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, Finance Director Scott Wright, Town Manager Eric Heil, and Town Clerk Brenda Torres. 2.APPROVAL OF AGENDA Start Time: 00:00:32 Councilor Underwood requested to discuss strategies regarding regulation plastics under Council comments. Councilor Fancher requested to discuss the project on Highway 6 East of The Ascent. Mayor Pro Tem Phillips moved to approve the agenda, as amended. Councilor Fancher seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no. 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Start Time: 00:01:32 Councilor Prince disclosed his son participates in the community swim program, included in the budget. Councilor Underwood moved a motion that Council finds Councilor Prince does not have a conflict of interest and can participate in the town budget discussions. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 0. Councilor Wolf was out of the room and Councilor Prince abstained from the vote. Councilor Prince disclosed he also has a conflict of interest with the Executive Session regarding the Tract Y project. If the project moves forward it will have a substantial impact on his job, as his company provides deed restricted mortgage loans. His employer asked him to step out of these kinds of projects. After Council discussion, Mayor Pro Tem Phillips moved to find Councilor Prince to have a conflict of interest in Tract Y and that Councilor Prince shall not participate in further discussions nor vote in the Tract Y project. Councilor Fancher seconded the motion and the motion passed on a vote of 4 to 2. Councilor Underwood and Councilor Wolf voted no. Councilor Prince abstained from the vote. Councilor Prince asked to rotate items 8.1. and 8.2 in the Executive Session so he could participate in item 8.2 and then leave the room. Mayor Smith Hymes reminded everyone it is Colorado Gives Day. Councilor Fancher reminded everyone that today is the biggest sale of the year for punch cards at the Avon Recreation Center. 4.PUBLIC COMMENT Start Time: 00:12:00 Michael Cacioppo commented on the functionality of the Council microphones and front door’s lock. He congratulated Council for passing the Real Estate Transfer Tax exemption resolution. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 10, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 5.BUSINESS ITEMS 5.1. ONE BOOK ONE VALLEY (OBOV) KICKOFF 2020! Start Time: 00:15:31 Mayor Smith Hymes talked about the featured book for One Book One Valley Kickoff 2020, called "I am not your perfect Mexican daughter". Mayor Smith Hymes mentioned that the author, Erika L. Sánchez, will be in the valley in April and there will be a community gathering. She encouraged people to buy the book and read it; the book is available in English and Spanish. Mayor Sarah Smith Hymes then officially proclaimed OBOV 2020! Councilor Fancher commented that this initiative is a great thing and promotes conversation. Councilor Phillips suggested to consider making the proclamation earlier in November next year, as the featured book would make a great holiday gift. Mayor Smith Hymes said it is also a great way to support our local book sellers. 5.2. PUBLIC HEARING FOR THE ADOPTION OF THE 2019 FINAL REVISED BUDGETS, 2020 OPERATING BUDGET, 2020 CAPITAL PROJECTS FUND BUDGET & LONG-RANGE CAPITAL PROGRAM AND TAX LEVIES RESOLUTION 19-20, AMENDING THE 2019 TOWN OF AVON OPERATING FUNDS BUDGETS RESOLUTION 19-21, AMENDING THE 2019 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET RESOLUTION 19-22, ADOPTING THE 2020 TOWN OF AVON OPERATING FUNDS BUDGET RESOLUTION 19-23, ADOPTING THE TOWN OF AVON LONG-RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE 2019 CAPITAL PROJECTS FUND BUDGET RESOLUTION 19-24, LEVYING GENERAL PROPERTY TAXES FOR THE AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE 2020 BUDGET YEAR RESOLUTION 19-25, LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON FOR THE 2020 BUDGET YEAR Start Time: 00:18:26 Finance Director Scott Wright gave a presentation on the Resolutions that are before Council tonight and explained that the budget needs to be approved by December 15th. Mayor Smith Hymes opened the public hearing. Michael Cacioppo asked Council if there is a plan to eliminate the Town’s debt and requested Council to work on this. He mentioned he does not want to pay increased fees in taxes on online sales. Councilor Underwood moved to approve Resolut ions 19-20 through 19 -25, as listed in the Council agenda, adopting the final revised 2019 operating funds and capital projects fund budgets, adopting the proposed 2020 operating funds and capital projects fund and long-range capital improvements program, and levying property taxes for general operations and for the Avon General Improvement District No.1. Councilor Prince seconded the motion and the motion passed on a vote of 6 -0. Councilor Thuon stepped out of the room. 5.3. APPROVAL OF 2019 AUDIT ENGAGEMENT LETTER WITH MCMAHAN AND ASSOCIATES, L.L.C., CERTIFIED PUBLIC ACCOUNTANTS Start Time: 0 1:00:52 Finance Director Scott Wright talked about the 2019 Audit Engagement Letter. Councilor Prince moved to approve the Audit Engage ment Letter with McMahan and Associates for the 2019 calendar year independent audit. Councilor Fancher seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 10, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 5.4. APPROVAL OF MINUTES FROM NOVEMBER 19, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Start Time: 0 1:02:42 Councilor Fancher moved to approve the Minutes from November 19, 2019. Councilor Underwood seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no. RECESS TO ALLOW AVON TOWN COUNCIL TO CONVENE AS THE AVON URBAN RENEWAL AUTHORITY BOARD Start Time: 0 1:03:01 Mayor Smith Hymes called the recess to allow Council to convene as the Avon URA Board. Mayor Smith Hymes called the URA Board to order at 6:07 p.m. All URA Board members were present. RECONVENE AVON TOWN COUNCIL MEETING Start Time: 01:05:57 The URA meeting was adjourned and regular meeting was reconvened at 6:10 p.m. 6.WRITTEN REPORTS 6.1. OPPORTUNITY ZONE PROSPECTUS UPDATE (PLANNING DIRECTOR MATT PIELSTICKER) 6.2. DECEMBER 3RD PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER) 6.3. UPPER EAGLE REGIONAL WATER AUTHORITY NOVEMBER 21, 2019 MEETING SUMMARY (MAYOR SMITH HYMES) 6.4. MOBILITY GRANTS UPDATE (MOBILITY DIRECTOR EVA WILSON) 6.5. MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT JOEL MCCRACKEN) 7.MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start Time: 0 1:06:14 Mayor Smith Hymes mentioned that Birds of Prey event was a net zero waste event which is a huge accomplishment. Mayor Smith Hymes mentioned that Dr. Kent Petrie is retiring. He has been a tremendous asset to the community for several years. Mayor Smith Hymes asked Council whether they want to move forward with studying a vacancy tax. The majority of Council would like to study the subject. Staff was asked to do some research and Town Manager Eric Heil commented that the housing plan and strategic plan include ongoing targets/efforts to look at housing solutions and this could be studied as part of that. Councilor Wolf mentioned there could also be a grandfather clause and that any potential housing solution is worth examining. Mayor Pro Tem Phillips announced that there will be 8 additional Zagster stations from Eagle Vail to Edwards. Mayor Pro Tem Phillips announced that Eagle Air Alliance will now offer direct flights to Philadelphia this winter. Mayor Smith Hymes mentioned that Vail is doing a trial run with E-Bikes share this summer. Councilor Fancher asked Mobility Director Eva Wilson to look into a pilot program for E-Bikes to offer in Wildridge and put together the numbers to present to Council. Councilor Wolf asked Eva Wilson about E-Scooters, which is something she is also looking into. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 10, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO Councilor Fancher asked about the project on Highway 6 next to the Ascent. Town Manager Eric Heil will send an email to update Council members. Council praised staff on the BOP Video. Councilor Underwood asked for an update on the educational programs surrounding EPS. Town Manager Eric Heil explained the bill repeal looks favorable, good momentum. Eric Heil explained the education and follow up on EPS work will need to be split in General Government with Preston Neill leaving. An update will be provided in early 2020. Public Comment added: Michael Cacioppo commented that staff should talk to Walmart who is recycling their EPS. 8.EXECUTIVE SESSION: Start Time: 01:51:47 8.1. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE FROM THE TOWN ATTORNEY AND FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO NEGOTIATIONS PURSUANT TO CRS SEC. 24-6-402(4)(B) AND (E) CONCERNING A POTENTIAL COMMUNITY HOUSING PROJECT ON TRACT Y, AVON, COLORADO. (TOWN ATTORNEY PAUL WISOR) 8.2. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE FROM THE TOWN ATTORNEY PURSUANT TO CRS SEC. 24-6-402(4)(B) CONCERNING DEBT REFINANCING BY TRAER CREEK METROPOLITAN DISTRICT. (TOWN ATTORNEY PAUL WISOR) Mayor Smith Hymes moved to go into Executive Session for the purpose of receiving legal advice from the Town Attorney and for the purpose of determining positions relative to negotiations pursuant to CRS Sec. 24- 6-402(4)(b) and (e) concerning a potential Community Housing project on Tract Y, Avon, Colorado and the purpose of receiving legal advice from the Town Attorney pursuant to CRS Sec. 24-6-402(4)(b) concerning debt refinancing by Traer Creek Metropolitan District. Councilor Fancher seconded the motion which passed unanimously. The time was 6:56 p.m. 9.RECONVENE FOR POTENTIAL ACTIONS ON TRACT Y COMMUNITY HOUSING PROJECT (TOWN ATTORNEY PAUL WISOR) 10.ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 10, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 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: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: Procurement Procedures for Design and Construction of Capital Projects DATE: January 9, 2020 SUMMARY: This report summarizes the procurement procedures for design and construction of capital projects. This is submitted as a written report and no action by Council is requested. DESIGN SERVICES At the beginning of capital projects, design professionals are identified and evaluated thru a Request for Proposal (RFP) process. RFP’s are posted to the Town’s website under the bid and contract opportunities tab on the home page and sent directly to local design professionals known to work in the Eagle River Valley. RFP’s are also advertised in the Vail Daily and Eagle Valley Enterprise for large projects. For smaller projects, RFP’s are sent directly to local consultants by email. Staff reviews the proposals and identifies qualified consultants who are interviewed and evaluated based on the following criteria: •Staff technical expertise - especially design experience in the mountains •Price competitiveness •Previous performance on similar projects •Ability to meet design specifications •Timeliness, completeness, and quality of deliverables •References •Customer service quality •Financial stability and length of time in business CONSTRUCTION SERVICES Following completion of construction plans and documents, Staff prepares an Advertisement for Bids that is posted on the Town’s website under the bid and contract opportunities tab on the home page and in some instances sent to local qualified contractors known to work in the Eagle River Valley. Over 200 contra ctors have signed up for notifications when bids are posted on the webpage. For projects estimated to cost over $100,000 a formal bidding process is followed with advertisements placed in the Vail Daily and Eagle Valley Enterprise for a minimum of three weeks. The Western Colorado Contractors Association, a nonprofit organization in Grand Junction, is signed up to receive bid and contract opportunities alerts through the Town’s website and makes the project information available to their approximate 500 member contractors throughout 27 counties in western Colorado. Pre bid meetings are held to provide prospective bidders with information regarding extenuating circumstances and clarify any questions with respect to the construction plans and documents prior to the bid due date. Contractors who produce asphalt and concrete in the Eagle River Valley typically have an advantage when bidding projects with large quantities of either material due to logistics. Construction contractor bids are evaluated based on construction cost. The Town’s standard bid documents allow Staff to evaluate per the following criteria if we are not familiar with the contractor: •Expertise - especially construction experience in the mountains 970-748-4045 jhildreth@avon.org • Previous performance on similar projects • Ability to meet construction schedule • Ability to meet construction specifications • References • Customer service quality • Financial stability and length of time in business ROCKY MOUNTAIN E-PURCHASING A new procurement method for the Town in 2020 is Rocky Mountain E-Purchasing System thru BidNet Direct, an online service that allows Staff to upload bid and contract opportunities and related construction plans and documents. Rocky Mountain E-Purchasing System provides registered vendors and contractors access to open bids and RFP’s from approximately 250 participating agencies such as counties, municipalities, special utility districts, and schools throughout Colorado. The Town typically receives 2 to 3 bids on capital projects, recent examples include: • Eagle Valley Trail – Beaver Creek to Stone Bridge: 4 • Beaver Creek Boulevard Streetscape Improvements Project: 2 • Riverfront Trail Connector Project: 5 • UPRR Walkway at Grade Crossing Project: 3 • 2018 Street Improvements – Microsurfacing Project: 3 With the addition of Rocky Mountain E-Purchasing System, Staff seeks to use a bid solicitation process that maximizes the number of competitive bids. Thank you, Justin Hildreth M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: Dec. 19, 2019 RE: Summary of Authority’s Dec. 19, 2019, Board Meeting The following is a summary of items discussed at the Dec. 19, 2019, Authority Board Meeting: Board members present and acting included: Chair George Gregory, Vice Chair Sarah Smith Hymes (via phone), Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Pam Elsner and Mick Woodworth. Administrative Approvals The board approved the 2020 Operations Agreement with the Eagle River Water & Sanitation District, which included updates to rates and fees as approved in the 2020 budget for the Authority. The board also approved the proposed 2020 meeting schedule, which will remain the same as in years past, with meetings held on the fourth Thursday of the month at 8:30 a.m., with the exception of the November and December meetings, which are scheduled for the third Thursday of the month. Colorado Water Stewardship Project Request for Funds Linn Brooks summarized a request for funding to replenish the Colorado Water Stewardship Project fund. This organization responds to the public trust initiatives that continue to surface year after year. The group has had many successes and the board agreed to contribute money to this effort again. Board Member Input Director Woodworth asked about progress on the Eagle River Village Mobile Home Park water quality issues. Jason Cowles reported that Edwards Metro director Beth Reilly was in touch with the park owner. Water treatment improvements have been suggested to the park owner. Water Efficiency Rebate Pilot Program and Qualified Water Efficient Landscaper (QWEL) Program Chris Wolff, Water Demand Management Coordinator, presented information on a proposed water efficiency rebate program, funds for which were budgeted in 2020. This will include indoor rebates for efficient toilets and washing machines. New construction would not be eligible for such rebates, and all homes must be enrolled in the WaterSmart program to take advantage of the rebates. Outdoor rebates would include funds for reducing turf area and upgrading irrigation systems, among others. The QWEL program would allow the District to become a professional certifying organization to train others in efficient landscape practices. Field Operations Update Evette Smits, Field Operations supervisor, presented information on four recent major events to which staff responded. She outlined the various cause and remedies. She noted that in some cases, it was difficult to find contractors for the repairs, which were then brought in house and completed by staff. The Board thanked her. Rulemaking Hearings Updates Siri Roman updated on recent state rulemaking hearings. Reg. 93 dealt with the state’s methodology for the 303(d) listing of impaired streams. The process highlighted the District’s involvement and efforts in providing data to the state for these processes, and participants were complimentary of the District’s staff and consultants in the process. Siri also reported that the state extended the temporary permit modification until 2023 for Climax’s discharge of molybdenum into the Ten Mile Creek area, pending the outcome of a toxicity study regarding molybdenum. Summary of Authority’s Dec. 19, 2019, Board Meeting Page 2 of 2 This was not the District’s desired outcome, but staff and consultants are hopeful that the additional studies will back up the Authority and District’s requested changes. Village at Avon Water Bank Jason Cowles discussed analysis of the water use at the Village at Avon PUD. Staff determined that 10% of the land has been developed and is using 20% of the water for the entire PUD. A letter to this effect was sent to Marcus Lindholm. Berry Creek Booster Pump Station Process Debrief Jason Cowles discussed a debrief meeting he and Jeff Schneider had with county staff regarding the process to replace the Berry Creek BPS. There were many process and permitting issues, and the District would like to make such projects more efficient in the future. Additional meetings and input with the county are likely needed in the future. Model Sharing Agreement Jason Cowles reported the Homestake Partners’ (the Cities of Aurora and Colorado Springs) governing bodies formally approved the model sharing agreement. The Authority board formally approved the agreement as well. Colorado River Water Users Association Annual meeting Diane Johnson noted a recent CRWUA meeting, at which Erick Kuhn discussed his recently published book. She also noted the 2007 interim guidelines would start to be renegotiated at the beginning of 2020. Water Supply Monitoring Diane Johnson noted new tools that are coming online to allow water users to more easily and remotely monitor water supply and water quality. Vail Daily Housing Story Diane Johnson called attention to a recent article in the Vail Daily that outlined the District’s continued efforts to be a leader in employee housing. Authority Water Dedication Policy The board approved the updated water dedication policy, which includes a cost of living increase for the in-basin storage water and summertime irrigation water. Such fees are now $39,500 and $9,500/acre foot, respectively. 1 Tuesday, January 7, 2020 Planning and Zoning Commission Meeting Abstract Planning & Zoning Commission Meeting Abstract Tuesday, January 7, 2020 I. Roll Call – All commissioners were present except for Commissioner Barnes. II. Conflicts of Interest – No conflicts were disclosed. III. Additions & Amendments to the Agenda – There were no additions or amendments to the agenda. IV. Major Development Plan – 5032 Unit A Wildridge Road East – PUBLIC HEARING File: MJR19007 Applicant: Bobby Ladd Property: Lot 38A Block 4 Wildridge Subdivision Summary: Proposed single family house connected to a shared driveway. Action: Commissioner Golembiewski motioned to approve the item with the following findings and conditions: Findings: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. Conditions: 1. An irrigation plan complying with Avon Municipal Code shall be presented before a building permit will be issued; 2. The retaining wall design is required with the adjacent wall to be stamped by a licensed engineer; and 3. Coniferous trees located near the house will be moved, subject to staff approval. Commissioner Nusbaum seconded the motion and it carried unanimously 5-0. V. Consent Agenda A. PZC Meeting Minutes – December 3, 2019 B. Record of Decision - MJR19008 & AEC19008 Action: Commissioner Dammeyer motioned to approve the consent agenda. Commissioner Smith seconded the motion and it carried unanimously 5-0. VI. Other Business Staff discussed the future PZC appointments with the Commission. VII. Adjourn FISCAL YEAR 2019 FINANCIAL REPORT January 14, 2020 ______________________________________________________________________________________ 1.Financial Report Cover Memo 2.Sales and Accommodations Tax Reports – November 3.Accommodations Tax Report – November 4.Real Estate Transfer Tax Report and Monthly Detail – November 5.Recreation Center Admissions – November 6.Recreation Center Program Fees - November 7.General Fund Year-To-Date Expenditures - November 8.Fleet Maintenance Fund Year-To Date Expenditures - November 9.Mobility Fund Year-To Date Expenditures - November TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Joel McCracken, Senior Accountant Meeting Date: January 14th, 2020 Agenda Topic: Fiscal Year 2019 Financial Report – November 2019 SUMMARY Revenues SALES TAX Sales tax revenue for the month of November totaled $514,924.82, a 12.82% increase from the previous year and a 9.07% positive variance over the cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. Monthly sales tax collections by industry compared to one year ago have increased $9,599 for Home/Garden, $4,094 for Other, $13,804 for Service-Related businesses, $23,334 for Accommodations, $11,094 for Restaurants/Bars and $6,922 for Miscellaneous Retail. Monthly sales tax collections have decreased ($6,006) for Grocery/Specialty/Health, ($2,462) for Liquor Stores, and ($1,585) for Sporting Goods Retail/Rental. Year-to-date sales tax revenues through November have increased 5.5% over the previous year, which is $399,808.92 over the previous year and $370,002.20 over original budget estimates. - 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 Sales Tax Comparison by Industry Nov-18 Nov-19 New and Renewed Business, Contractor & Sales Tax Licenses Issued in November Business License - Fixed Location 28 Business License - Home Occupation 2 Business License - Short Term Accommodation 23 Business License – Special Event 0 Business License - Vendor 50 Contractor License 15 Liquor License 0 Sales Tax License 23 Grand Total 141 ACCOMMODATIONS TAX Accommodations tax revenue for month of November totaled $70,358.29, a 46.84% increase from the previous year and a 57.30% positive variance from the cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. Monthly accommodations tax collections increased $1,410.07 for time shares and $22,240.83 for Hotels. While monthly accommodations tax collections decreased ($1,200.49) for Vacation Rentals compared to November 2018. - 10,000.00 20,000.00 30,000.00 40,000.00 50,000.00 60,000.00 Time Shares Hotels Vacation Rentals Accommodation Tax by Type Nov-18 Nov-19 CIGARETTE AND TOBACCO TAX Cigarette and Tobacco Tax revenues for the 4th quarter will be reported in February 2020. REAL ESTATE TRANSFER TAX Real estate transfer tax collections for the month of November totaled $570,245.09, an increase of 69.21% from the previous year and a positive variance of 152.11% over the cumulative monthly budgets, which is based on average of the relative monthly percentages of taxes collected over a 5 - year period. Real Estate Transfer Tax (RETT) Transactions November RETT Transactions which paid 2% tax X RETT Exemptions for Primary Residence X RETT Exemptions for Full Exemption X Deed Restricted & Tax Exempt X Grand Total X RECREATION CENTER ADMISSIONS November admission fees totaled $51,281.50 a (59.62%) decrease from the previous year. This is a (41.10%) negative variance compared to the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. Due to the holiday, Black Friday admission sales were not recorded until the following period (Roughly $75,000). Recreation Center Admission revenues for 2019 exceed 2018 revenues by 1.5%. $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,000 $200,000 2015 2016 2017 2018 2019 Recreation Center Admissions November RECREATION CENTER PROGRAM FEES November program fees totaled $20,749.47 which is a 16.84% decrease from the previous year. This is a 28.35% negative variance compared to the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. Expenditures General Fund expenditures through November 2019 total 82.09% of the total adopted budget. These expenditures include insurance premiums, computer services, events, community grants, equipment replacement, contract services, janitorial and legal services. Fleet expenditures through November 2019 total 95.39% of the total budget. These costs include expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums. Mobility funds are November 2019 total 92.96% of the total budget. These expenditures include costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance premiums. $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 2015 2016 2017 2018 2019 Recreation Center Program Fees November 2019 TOWN OF AVONSALES TAX 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014201520162017201820192019Variance from 2018 from BudgetJanuary638,863.27$ 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 817,828.62 819,179.33$ 1,350.71$ -0.80% 0.17%February673,722.03 788,999.06 774,754.00 798,923.33 785,412.03 829,920.52 809,165.90 (20,754.62) 3.02% -2.50%March793,301.96 875,499.53 945,795.71 918,657.55 1,014,399.70 987,540.28 1,130,669.61 143,129.33 11.46% 14.49%April381,839.56 403,560.42 438,198.18 425,727.85 394,986.15 443,930.08 424,685.32 (19,244.76) 7.52% -4.34%May340,332.28 353,840.11 404,872.55 394,689.30 418,628.58 415,276.78 422,685.32 7,408.54 0.97% 1.78%June538,517.31 570,424.51 693,675.00 650,794.65 757,498.52 697,261.19 725,840.03 28,578.84 -4.18% 4.10%July570,959.86 601,516.82 690,342.23 682,024.81 696,374.00 703,842.63 755,668.37 51,825.74 8.51% 7.36%August547,085.80 572,647.57 593,398.26 618,515.44 639,569.12 645,210.78 670,351.82 25,141.04 4.81% 3.90%September546,016.59 595,235.68 667,949.51 690,883.92 680,720.64 690,724.07 841,688.74 150,964.67 23.65% 21.86%October417,921.46 423,701.53 451,303.71 458,645.68 490,977.90 486,978.23 445,742.30 (41,235.93) -9.21% -8.47%November397,935.36 438,315.55 445,336.04 435,975.05 456,409.92 472,086.18 514,924.82 42,838.64 12.82% 9.07%December 1,221,263.98 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,319,545.64 - - Total7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 8,510,145$ 7,560,601.56$ 370,002.20$ 5.58% 5.15% Actual Collections$380,000$400,000$420,000$440,000$460,000$480,000$500,000$520,000$540,00020152016201720182019YearSales Tax Collections for November 2019 TOWN OF AVONACCOMMODATIONS TAX 2019 Actual vs. Budget Budget YTD Collections Budget % change % change 2014201520162017201820192019Variance 2018 to budgetJanuary 129,851.78$ 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 188,298$ 197,879.22$ 9,581.20$ 8.97% 5.09%February 150,317.06 175,056.31 185,370.53 194,804.88 186,147.24 201,220 203,190.38 1,970.70 9.16% 0.98%March168,597.39 183,650.29 217,387.54 201,008.55 206,783.36 220,566 246,969.61 26,403.89 19.43% 11.97%April31,626.02 34,825.13 60,916.55 38,340.02 33,275.27 44,902 31,824.90 (13,077.50) -4.36% -29.12%May21,961.97 28,002.56 37,357.48 39,961.98 42,618.10 38,340 47,259.21 8,919.19 10.89% 23.26%June54,232.23 53,397.46 73,591.08 83,723.31 94,803.78 81,181 92,411.81 11,231.29 -2.52% 13.83%July81,083.01 86,301.22 107,595.18 119,300.76 119,458.02 115,930 131,645.50 15,715.60 10.20% 13.56%August71,044.33 75,107.71 87,674.05 100,628.23 98,193.15 97,631 110,203.30 12,572.29 12.23% 12.88%September 50,840.16 60,417.74 68,139.11 81,837.60 85,257.82 78,189 89,362.90 11,173.59 4.81% 14.29%October34,977.59 38,706.72 45,738.23 48,223.10 53,236.86 49,844 45,781.00 (4,063.23) -14.01% -8.15%November 32,064.02 34,328.47 37,570.50 46,397.08 47,934.88 44,747 70,385.29 25,638.15 46.84% 57.30%December 168,944.85 198,421.26 200,114.56 189,505.28 185,008.67 212,570 - - Total 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,373,418.00$ 1,266,913.12$ 106,065.16$ 10.23% 9.14%0.880.88 0.97 1.00 0.97 Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,0002015 2016 2017 2018 2019Accommodations Tax Collections for November TOWN OF AVONREAL ESTATE TRANSFER TAX 2019 Actual vs. BudgetBudget YTD Collections $ Change % of Change % change 2013 2015 2016 2017 2018 2019 2019 2018 2018 to budgetJanuary 22,535.00$ 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 92,927.86$ 72,520.00$ (191,543.20)$ -72.54%-21.96%February55,872.69 85,479.08 200,850.86 270,815.26 269,578.51 161,754.65 298,730.16 29,151.65 10.81%84.68%March125,927.64 168,744.22 265,061.65 254,737.53 344,556.74 212,416.61 180,819.76 (163,736.98) -47.52%-14.87%April144,437.80 125,266.30 159,046.06 249,938.93 122,312.21 146,800.60 312,899.53 190,587.32 155.82%113.15%May121,784.12 237,971.08 184,987.10 377,490.82 351,236.93 233,390.60 278,241.63 (72,995.30) -20.78%19.22%June90,309.74 294,434.84 307,127.24 703,419.85 343,140.71 318,604.88 237,143.93 (105,996.78) -30.89%-25.57%July386,434.78 396,838.68 259,977.94 219,208.74 272,420.41 281,299.66 86,755.74 (185,664.67) -68.15%-69.16%August97,579.70 152,380.93 186,483.40 592,467.49 343,249.80 251,477.88 400,027.60 56,777.80 16.54%59.07%September157,010.67 291,223.61 321,957.68 423,013.80 311,022.50 275,681.97 604,158.92 293,136.42 94.25%119.15%October169,839.80 172,855.22 641,688.59 497,642.58 330,671.24 332,215.54 359,782.63 29,111.39 8.80%8.30%November112,491.82 169,328.38 315,109.37 425,402.80 211,818.76 226,184.57 570,245.09 358,426.33 169.21%152.11%December83,382.60 225,862.90 588,514.66 227,918.50 196,105.45 242,245.18 Total1,567,606.36$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 2,775,000$ 3,401,324.99$ 237,253.98$ 7.50%34.29%Budget 2,775,000.00 Variance, Favorable (Unfavorable) 626,324.99$ Actual Collections$0$100,000$200,000$300,000$400,000$500,000$600,0002015 2016 2017 2018 2019YearReal Estate Transfer Tax for November TOWN OF AVONRECREATION CENTER ADMISSION FEES 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014201520162017201820192019Variance from 2018 from BudgetJanuary70,039.90$ 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 79,714.43$ 72,981.86$ (6,732.57)$ -17.61% -8.45%February68,578.10 63,838.00 68,506.00 86,342.00 75,952.60 80,287.10 64,868.20 (15,418.90) -14.59% -19.20%March72,616.10 77,902.00 81,664.00 76,023.00 79,071.20 85,605.34 78,824.90 (6,780.44) -0.31% -7.92%April64,370.00 61,760.00 55,452.00 67,398.00 61,817.56 68,700.13 53,085.20 (15,614.93) -14.13% -22.73%May35,063.70 43,119.00 50,067.40 54,337.00 50,252.60 51,467.96 63,563.00 12,095.04 26.49% 23.50%June46,194.30 55,052.00 58,430.50 58,044.00 62,135.02 61,860.62 68,601.20 6,740.58 10.41% 10.90%July71,491.30 61,472.00 66,399.80 65,873.60 72,441.40 74,641.93 88,528.43 13,886.50 22.21% 18.60%August57,328.80 63,233.00 66,388.60 76,558.30 73,573.10 74,510.12 70,491.40 (4,018.72) -4.19% -5.39%September 43,829.00 36,846.00 44,719.00 49,017.70 49,315.70 49,453.74 55,598.60 6,144.86 12.74% 12.43%October48,803.00 75,818.00 61,167.00 51,833.00 59,692.77 65,719.61 58,055.60 (7,664.01) -2.74% -11.66%November 93,822.00 29,570.00 71,384.00 72,114.00 126,981.80 87,063.24 51,281.50 (35,781.74) -59.62% -41.10%December 69,258.00 77,672.00 112,201.00 169,092.78 186,927.10 135,975.79 Total741,394.20$ 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 915,000$ 725,879.89$ (53,144.32)$ -9.24% 691,959.97$ Actual Collections $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,000 $200,0002015 2016 2017 2018 2019Recreation Center Admissions November TOWN OF AVONRECREATION CENTER PROGRAM FEES 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014201520162017201820192019Variance from 2018 from BudgetJanuary19,367.43$ 23,252.13$ 17,133.04$ 28,815.64$ 32,368.50$ 31,321.54$ 26,095.68$ (5,225.86)$ -19.38% -16.68%February26,144.75 20,734.70 22,435.59 28,915.58 35,279.57 34,577.95 23,197.74 (11,380.21) -34.25% -32.91%March19,727.40 15,184.33 19,132.72 29,016.16 28,669.46 28,937.09 27,280.96 (1,656.13) -4.84% -5.72%April29,969.50 18,360.00 18,538.66 26,397.13 45,827.30 36,023.74 31,132.63 (4,891.11) -32.07% -13.58%May31,395.87 22,175.69 39,447.85 44,605.22 37,300.42 45,304.03 31,335.76 (13,968.27) -15.99% -30.83%June41,698.34 31,443.66 33,369.05 45,885.37 37,231.17 49,111.86 34,568.93 (14,542.93) -7.15% -29.61%July48,801.54 29,162.29 44,969.88 46,745.40 49,968.33 56,886.73 43,607.82 (13,278.91) -12.73% -23.34%August41,195.29 31,055.94 46,025.52 52,318.40 64,320.46 60,841.05 52,610.60 (8,230.45) -18.21% -13.53%September 15,886.00 18,209.25 36,240.11 30,853.05 41,463.74 36,945.64 34,704.93 (2,240.71) -16.30% -6.06%October19,819.50 20,380.77 22,068.60 26,881.06 26,782.63 30,025.50 22,588.68 (7,436.82) -15.66% -24.77%November9,991.00 20,095.40 30,866.78 25,906.72 24,952.65 28,958.46 20,749.47 (8,208.99) -16.84% -28.35%December 16,653.80 21,918.03 30,294.89 37,309.30 26,328.09 34,317.39 Total320,650$ 271,972$ 360,523$ 423,649$ 450,492$ 473,251$ 347,873.20$ (91,060.41)$ -17.99% -15.15%Actual Collections $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,0002015 2016 2017 2018 2019Recreation Center Program Fees November 2019 Dept./Div.2019 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 283,745$ 3,300$ 261,135$ 19,309$ 93.19% 112 Boards and Commissions 16,049 - 12,479 3,570 77.76% 113 Town Attorney 155,000 20,251 124,751 9,997 93.55% 115 Town Clerk 129,367 5,459 72,536 51,372 60.29% 121 Municipal Court 90,920 2,826 127,394 (39,300) 143.22% 131 Town Manager 349,305 2 307,422 41,881 88.01% 133 Community Relations 203,196 17,513 175,802 9,882 95.14% Total General Government 1,227,582 49,351 1,081,520 96,712 92.12% Human Resources Department: 132 Human Resources 506,632 8,438 452,302 45,892 90.94% Finance & IT Department: 141 Finance 936,944 6,555 831,127 99,262 89.41% 143 Information Systems 431,244 24,734 405,828 682 99.84% 149 Nondepartmental 584,917 35,949 565,705 (16,737) 102.86% Total Finance & IT 1,953,105 67,238 1,802,660 83,207 95.74% Total General Gov't Departments 3,687,319 125,027 3,336,482 225,810 93.88% Community Development: 212 Planning 343,353 32,965 293,473 16,915 95.07% 213 Building Inspection 181,662 2,100 162,593 16,969 90.66% 215 Town Produced Events 426,638 1,426 372,157 53,055 87.56% 216 Signature Event Seed Funding 247,093 800 219,784 26,509 89.27% 217 Community Grants 201,000 20,475 168,892 11,633 94.21% 218 Salute to the USA 174,961 - 205,557 (30,596) 117.49% Total Community Development 1,574,707 57,767 1,422,455 94,485 94.00% Police Department: 311 Administration 846,756 16,129 745,549 85,078 89.95% 312 Patrol 2,756,693 56,973 2,592,021 107,699 96.09% 313 Investigations 315,704 1,053 276,773 37,878 88.00% Total Police 3,919,153 74,155 3,614,343 230,655 94.11% Public Works: 412 Engineering 275,025 1,798 239,637 33,590 87.79% 413 Roads and Bridges 2,300,456 45,849 2,056,669 197,938 91.40% 415 Parks 630,423 114,251 409,267 106,905 83.04% 418 Buildings & Facilities 1,251,071 89,521 1,076,938 84,611 93.24% Total Public Works 4,456,975 251,420 3,782,511 423,044 90.51% Recreation Department: 514 Administration 246,250 15,504 217,812 12,934 94.75% 515 Adult Programs 62,136 765 47,761 13,610 78.10% 516 Aquatics 686,007 5,099 624,492 56,416 91.78% 518 Fitness 140,349 708 131,874 7,766 94.47% 519 Guest Services 339,421 697 311,681 27,042 92.03% 521 Youth Programs 153,951 2,207 136,573 15,171 90.15% 523 Community Swim Program 82,146 284 74,727 7,135 91.31% Total Recreation 1,710,260 25,265 1,544,920 140,075 91.81% Contingency 45,000 100,000 Operating Transfers 1,870,000 (63,223) 1,870,000 1,870,000 TOTAL OPERATING EXPENDITURES 17,263,414$ 533,634$ 13,637,489$ 3,084,069$ 82.09% Department Expenditure Summaries General Fund November 2019 Expenditures to Date Dept./Div.2019 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,773,462$ 54,508$ 1,637,230$ 81,724$ 95.39% Total Operating Expenditures 1,773,462 54,508 1,637,230 81,724 95.39% TOTAL EXPENDITURES 1,773,462$ 54,508$ 1,637,230$ 81,724$ 95.39% Expenditure Summary Fleet Maintenance Enterprise Fund November 2019 Expenditures to Date Dept./Div.2019 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 259,051$ 18,070$ 229,934$ 11,046$ 95.74% 432 Transit Operations 1,060,781 9,803 988,176 62,802 94.08% 436 Wash Bay 167,158 7,491 131,989 27,679 83.44% 437 Programs 376,376 - 346,730 29,646 92.12% Total Operating Expenditures 1,863,366 35,364 1,696,829 131,173 92.96% TOTAL EXPENDITURES 1,863,366$ 35,364$ 1,696,829$ 131,173$ 92.96% Expenditure Summary Mobility Enterprise Fund November 2019 Expenditures to Date 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Town Manager Report - January DATE: January 10, 2020 SUMMARY: This is a monthly report that I will submit for the first Council meeting of each month. GETTING TO ZERO: Avon is a co-sponsor with Eagle County and the Town of Vail for the January 22, 2020 regional climate action event, titled Getting to Zero, to be held at the Battle Mountain High School at 5:30 p.m. Speaker Dr. Robert Davies is presenting on climate action science. There is still room for 200 more attendees, so any encouragement or promotion by Council members would be helpful. AVON CLIMATE ACTION PRESENTATION EVENT: Avon has tentatively scheduled a climate action presentation for March 25, 2020, to be held at the Westin. This event would include one or two guest speakers, then presentation of specific climate actions in Avon, planned actions by the Town of Avon, and advocated actions for the Avon community. There will be more details to present to Council in February. PLASTIC REGULATION PRE-EMPTION: Senate Bill 20-010 Repeal Ban on Local Government Regulation of Plastics was introduced on the opening day of the 2020 Regular Session of the Colorado Legislature. It is the shortest bill I’ve ever read and simply deletes CRS § 25-17-104 Local Government Preemption, which reads, “No unit of local government shall require or prohibit the use or sale of specific types of plastic materials or products or restrict or mandate containers, packaging, or labeling for any consumer products”. Senators Kerry Donovan and Representatives Meg Froelich and Alex Valdez are the prime bill sponsors. On a related matter, we have been contacted by Environment Colorado with a request to support legislation that would enact a statewide ban on expanded polystyrene. More information will be gathered and presented to Council at the January 28, 2020 Council meeting. STRATEGIC PLAN/CIP ADDITIONS: I have received comments from Council members that we should also consider constructing a recreational trail down to the Eagle River on the Beaver Creek easement we acquired from Base Camp as well as proceed with undergrounding the electric lines by the Town Hall even though the Hahnewald Barn project did not go forward. Please notify me if there are any other Strategic Plan or Capital Improvement Project ideas and I will bring those to a future Council meeting with more information, options and recommendations. I-70 COALITION: I attended the annual I-70 Coalition meeting this Thursday. The coalition reported that the vehicle flow exceeds lane capacity between 400-800 vehicles per hour for three-hour periods during peak periods. They also discussed the “Why Drive?” campaign that is active in Summit County (to encourage carpooling and other forms of transit). Also notable was that two carpooling apps that attempted to launch for this year’s ski season (Gondola and Treadshare) were ordered to cease and desist by the Colorado PUC because they did not meet the requirements for exemption from commercial transit operators. There is likely to be an effort to amend the statutes to allow carpooling apps to operate in Colorado as the most direct method of promoting carpooling. OPPORTUNITY ZONE PROSPECTUS: The consultants hired by Avon were let go due to non- performance and Avon Staff is proceeding with the creation of an Opportunity Zone Prospectus in-house. There are some remaining funds available to use if a third -party consultant or analyst is desired to supplement the information. Members of Finance, General Government and Community Development already have a high-quality draft in the works. We are scheduled to present a final Prospectus to Council on February 11, 2020. CONVENTION CENTER ANALYSIS: We plan to post a Request for Proposal in the next two weeks for market analysis of a convention center. Page 2 of 2 REUSABLE BAGS: We plan to order 7,000 reusable bags with a general Avon design for the first 3,500 bags and a branded AvonLIVE! logo and design for the second 3,500 reusable bags. Total cost is estimated at $10,000. We are researching other options for pricing and availability. Currently, we have a quote for $1.31 per bag for a manufacturer used by other mountain towns. The lead time for manufacturing and delivery is 15-18 weeks with this manufacturer, so we are looking at other options to have reusable bags before late spring. CASE CULTURAL PLAN: A draft outline of Cultural Plan will be presented to the CASE Committee on Thursday, January 16 in advance of the January 28, 2020 joint work session. HOFFMAN PROPERTIES: I had the opportunity to meet with the new partner of Hoffman Properties, Chapin Smith, immediately before the holidays. Mr. Smith expressed interest in development in Avon. He may be in the area in February and available to introduce himself to Council. FINANCE COMMITTEE: We have the first Finance Committee meeting scheduled for January 16, at 5:30 p.m. Agendas and materials will be distributed by January 13, 2020. WASTE REDUCTION: Staff in Town Hall has held several meetings and received training from Walking Mountains to explore ways to further reduce waste. We are looking instituting composting during the 1 st quarter of 2020. We have reusable dishware in place of all disposable utensils, plates and cups. We are also implementing strict vendor guidelines for any catering to require all food service containers to be either reusable or recyclable/compostable. STAFF COFFEE: Staff coffees will be scheduled on the fourth Wednesday of each month, excluding August when we have the employee picnic. Council members are welcome to attend. I anticipate providing Town wide updates to all employees at the Staff coffees. EMPLOYEE POLICIES: Revisions and updates to the Employee Policies are ready for final review by the Directors and adoption in January. Traditionally, the Employee Policies have been formulated and adopted administratively. I am scheduling a tutorial before the January 28, 2020 Council meeting to walk Council through the document and the revisions we are adopting. OFFICE SPACE ADJUSTMENTS: There are several adjustments to office space in the Town Hall which are desired to maximize use of the Town Hall office space. Now t hat Town Hall Staff has settled into the space, there are a number of short-comings and idiosyncrasies that have been identified. Community Development and Engineering has been moved to the west side of the second floor, which has proved to be a good fit in space and an appropriate match in an open office space environment. Davis Partnership Architects has been retained to prepare designs for office alterations with specific attention towards maximum reuse of existing wall panels. Designs should be complete and ready for bid in the next two weeks. Specific changes include: Installing glass door between 2 nd floor kitchen and Community Development/Engineering space; constructing a small storage room in the Community Development/Engineering Space; removing the “huddle room” glass enclosure at the west end of the IT room (which is only used to store a computer); installing a brighter light fixture in the small meeting room on the 2nd floor; moving the internal wall between the two existing meeting rooms on the 3rd floor; moving the Town Manager office to the southeast corner; and enclosing the open seating area along the south -west side of the 3rd floor to make a medium sized conference room that can seat 10-12 persons. More information will be presented to Council when we have specific bids. Thank you, Eric