TC Packet 08-11-2020_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, August 11, 2020
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
!! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL 5:00
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
Public comments are limited to three (3) minutes. The speaker may request an additional one (1)
minute, which may be approved by a majority of Council.
5. BUSINESS ITEMS
5.1. Avon Town Council Sign-off on the updated CC4CA Policy Statement (Executive Assistant to the
Town Manager Ineke de Jong) (15 Minutes) 5:15
5.2. Consideration of Bang the Table Community Engagement Website Platform (Communications
Manager Elizabeth Wood) (30 Minutes) 5:30
5.3. PUBLIC HEARING: Second Reading Ordinance No. 20-09: Amendment of Section 3.08 of Avon
Municipal Code to Provide for the Collection of Taxes on Remote Sales (Town Attorney Paul
Wisor) (15 Minutes) 6:00
5.4. PUBLIC HEARING: Second Reading Ordinance No. 20-10 Amending Section 12.04.380 of the
Avon Municipal Code to Require the Installation of Conduit in Public Streets (Town Attorney Paul
Wisor) (15 Minutes) 6:15
5.5. Notice of Award for Avon Stormwater Quality Project (Town Engin eer Justin Hildreth) (10
Minutes) 6:30
5.6. Work Session: 5G Wireless Safety and Legal Review (IT Manager Robert McKenner and Town
Attorney Paul Wisor) (20 Minutes) 6:40
5.7. Work Session: Recreation Center Financial Update Report (Recreation Director John Curutchet)
(30 Minutes) 7:00
5.8. Approval of Intergovernmental Agreement 2020 Eagle County General Election (Town Clerk
Brenda Torres) (5 Minutes) 7:30
5.9. Discussion of Proposed Amendment to Avon Home Rule Charter (Town Council member Jake
Wolf) (30 Minutes) 7:35
• Presentation (Jake Wolf)
• Council Questions
• Public Input
• Ballot Question Deadlines (Paul Wisor)
• Council Discussion/Motion
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
5.10. Approval of Minutes for July 28, 2020 Council Meeting (Town Clerk Brenda Torres) (5 Minutes)
8:05
6. WRITTEN REPORTS
6.1. August 4th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
6.2. Confluence Operating Agreement (Finance Director Scott Wright)
6.3. Update on Management of Richardson Ground Squirrels (Public Works Director Gary Padilla)
6.4. 2020 Special Events Budget Update (CASE Manager Danita Dempsey)
6.5. 2021 Community Grant Funding Update (Communications Manager Elizabeth Wood)
6.6. Gallagher Ballot Question (Town Attorney Paul Wisor)
6.7. Mayor Meeting Comment (Mayor Sarah Smith Hymes)
7. Mayor and Council Comments & Meeting Updates (20 Minutes) 8:10
8. Adjourn 8:30
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the
public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide
written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any
action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per
individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council
Simplified Rules of Order, Adopted by Resolution No. 17-05.
970.748.4013 idejong@avon.org
TO: Honorable Mayor Smith Hymes and Council FROM: Ineke de Jong, Executive Assistant to the Town Manager RE: Council Sign-Off on the Updated CC4CA Policy Statement
DATE: August 6, 2020
SUMMARY:
The Town of Avon was contacted by Jacob Smith, who is the Executive Director of Colorado Communities
for Climate Action (CC4CA).
The CC4CA board adopted a new 2020-2021 Policy Statement at the end of June. The 'adopted' new
Policy Statement is attached in two versions, one showing tracked changes (substantive changes only) and
the other a clean version.
"Ratification" is the final step in the process, where each member jurisdiction, including Town of Avon, uses
whatever process they wish, to confirm they support the new Policy Statement. The deadline for ratification
by each individual jurisdiction is August 30.
"Support" doesn't necessarily mean you enthusiastically support every sentence and every
position, but that you generally support the document and that you don't object to anything
specific. This falls very much in the "can you live with this" vein.
If council is interested in supporting this Policy Statement, staff will send CC4CA an email indicating that the
Town of Avon supports the updated Policy Statement
SAMPLE MOTION:
“I move to approve and support the updated CC4CA Policy Statement and direct staff to email CC4CA to
indicate Avon’s support of the new Policy Statement”.
AVAILABLE ACTIONS:
1.Approve the sample motion as drafted.
2. Approve the sample motion, with modifications.
3. Continue to August 25, 2020, or other meeting defined by Town Council.
4. Reject the motion if council is not interested in considering support.
ATTACHMENTS:
A. CC4CA Advocacy Priorities for 2020-2021 - Adopted for Ratification
B. CC4CA Advocacy Priorities for 2020-2021 - Adopted for Ratification (tracked changes)
Aspen · Avon · Basalt · Boulder · Boulder County · Breckenridge · Broomfield · Carbondale
Clear Creek County · Crested Butte · Dillon · Eagle County · Erie · Fort Collins · Fraser · Frisco · Gilpin County
Glenwood Springs · Golden · Lafayette · Longmont · Louisville · Lyons · Mountain Village · Nederland · Northglenn
Pitkin County · Ridgway · Salida · San Miguel County · Summit County · Telluride · Vail · Westminster
CC4CA 2020-2021 Policy Statement
Adopted by the Board of Directors on June 19, 2020
For Ratification By Each CC4CA Member Jurisdiction
Colorado Communities for Climate Action is a coalition of local governments advocating for
stronger state and federal climate policy. CC4CA’s policy priorities for 2020-2021 reflect
unanimous agreement among the coalition members on steps that should be taken at the state
and federal level, often in partnership with local governments, to enable Colorado and its
communities to lead in protecting the climate.
CC4CA generally focuses on legislative, regulatory, and administrative action, supporting
efforts that advance the general policy principles and the detailed policy positions described
below, and opposing efforts that would weaken or undermine these principles and positions.
General Policy Principles
The following general principles guide the specific policies that Colorado Communities for
Climate Action supports:
Collaboration between state and federal government agencies and Colorado’s local
governments to advance local climate protection and resilience.
State and federal programs to reduce carbon pollution, including adequate and ongoing
funding of those programs.
Analyses, financial incentives, infrastructure, and enabling policies for the development and
deployment of clean energy technologies.
Locally driven and designed programs to support communities impacted by the clean energy
transformation.
Prioritizing policies that put people at the center of decision-making, minimizing disparities in
growing the clean economy, especially for historically marginalized communities, and
enhancing equitable outcomes for all.
Attachment A
2
Policy Positions
Colorado Communities for Climate Action supports the following policy positions:
Statewide Climate Strategies
1. Reduce statewide carbon emissions consistent with or greater than the State of
Colorado’s 2019 codified goals.
2. Secure accurate, frequent state greenhouse gas inventories and forecasts for
Colorado which are made accessible to local governments and designed to be useful for
stakeholders.
3. Adopt a comprehensive market-based approach to reduce Colorado’s greenhouse gas
emissions that ensures the benefits accrue justly and equitably to impacted
communities.
4. Expand consideration of the environmental and health costs associated with the use
of fossil fuels in making and implementing climate-related policy.
Local Climate Strategies
5. Remove barriers and promote opportunities that allow counties and municipalities
to maximize the deployment of local clean energy and climate-related strategies,
including resilience-oriented strategies, while promoting affordable, accessible, and
equitable delivery of reliable clean energy.
6. Enable local governments to obtain the energy use and other data from utilities and
state agencies that they need to effectively administer climate and clean energy
programs.
7.Support a comprehensive public process for evaluating retail and wholesale energy
choice options for communities, informed by a broad variety of stakeholders.
8.Support policies that promote the efficient use of energy in buildings.
9. Provide for cost-effective and equitable policies, strategies, and practices that enable
and accelerate beneficial electrification, reduce GHG emissions, improve quality of life,
and make the electric grid more robust and resilient.
Attachment A
3
Energy Generation
10. Accelerate retirement of existing fossil fuel generation facilities and their
replacement with cost-effective and reliable clean energy supplies, through means that
protect both utilities and consumers.
11.Expand the ability of electric cooperatives to independently purchase local
renewable electricity and take other steps to reduce carbon pollution.
12.Modernize energy infrastructure to enhance community-based resilience and
integrate distributed energy resources.
Energy Efficiency
13.Expand demand side savings from efficiency and conservation for all energy types.
14.Support ongoing and sustainable funding for weatherization and renewable energy
assistance to low-income households, including those from coal-dominated economies,
so that all Coloradans have access to comfortable and affordable homes.
15.Support ongoing and sustainable funding for programs that assist communities in
transition from coal-dominated economies.
16.Provide counties and statutory cities and towns with the same authority held by
home rule cities to implement local energy conservation policies and programs.
Transportation
17. Ensure effective implementation of Colorado’s vehicle emissions standards and
other regulatory and programmatic activities designed to reduce carbon emissions
from vehicles.
18.Implement the 2020 Colorado Electric Vehicle Plan and other efforts to increase
electrification of all motor vehicles.
19.Increase funding and policy incentives for multimodal transportation and
multimodal-friendly development statewide.
Attachment A
4
20. Incentivize and select mobility alternatives, including movement of both people and
goods, based on energy efficiency and environmental costs and benefits.
Fossil Fuel Extraction Activities
21.Expand monitoring and reduction of the full life cycle emissions from fossil fuel
extractive industry activities.
Solid Waste Reduction
22.Grant CDPHE the authority to implement a plan for meeting Colorado’s statewide
and regional solid waste diversion goals.
23.Reduce the use of disposable/single-use products and promote the reuse of
materials, including construction and demolition waste.
24.Foster infrastructure, policies, incentives, and programs for reuse, recycling, and
composting.
General
25.Encourage the adoption of climate-positive innovations like telecommuting,
drawing from the lessons learned during the coronavirus pandemic, to substantially
reduce air and carbon pollution.
26.Promote proactive programs and efforts that improve the resilience and
adaptability of Colorado communities in the face of natural disasters and other major
challenges associated with climate change, including ensuring that disaster
stabilization and recovery efforts result in reduced carbon pollution and improved
resilience to future disasters.
27.Optimize the potential for carbon sequestration through regenerative agriculture,
improved soil health, and forest management.
28.Incorporate equity, accessibility, and just transition considerations into climate
policies and actions.
29.Encourage investments that achieve climate-positive solutions, including policies
that encourage entities investing public dollars to consider partial or full divestment as
part of their investment strategies.
30.Maintain protections and authorities currently provided under environmental laws
like the National Environmental Policy Act, the Clean Air Act, and the Clean Water Act.
Attachment A
CC4CA 2020-2021 Policy Statement
Adopted by the Board of Directors on June 19, 2020
For Ratification By Each CC4CA Member Jurisdiction
(Substantive Changes from the 2019-2020 Policy Statement are Displayed)
Colorado Communities for Climate Action is a coalition of local governments
advocating for stronger state and federal climate policy. CC4CA’s policy priorities for
2020-2021 reflect unanimous agreement among the coalition members on steps
that should be taken at the state and federal level, often in partnership with local
governments, to enable Colorado and its communities to lead in protecting the
climate.
CC4CA generally focuses on legislative, regulatory, and administrative action,
supporting efforts that advance the general policy principles and the detailed policy
positions described below, and opposing efforts that would weaken or undermine
these principles and positions.
General Policy Principles
The following general principles guide the specific policies that Colorado
Communities for Climate Action supports:
Collaboration between state and federal government agencies and Colorado’s local
governments to advance local climate protection and resilience.
State and federal programs to reduce carbon pollution, including adequate and
ongoing funding of those programs.
Analyses, financial incentives, infrastructure, and enabling policies for the
development and deployment of clean energy technologies.
Locally driven and designed programs to support communities impacted by the
clean energy transformation.
Prioritizing policies that put people at the center of decision-making, minimizing
disparities in growing the clean economy, especially for historically marginalized
communities, and enhancing equitable outcomes for all.
Attachment B
2
Policy Positions
Colorado Communities for Climate Action supports the following policy positions:
Statewide Climate Strategies
1. Reduce statewide carbon emissions consistent with or greater than the
State of Colorado’s 2019 codified goals.
2. Secure accurate, frequent state greenhouse gas inventories and forecasts
for Colorado which are made accessible to local governments and designed to
be useful for stakeholders.
3. Adopt a comprehensive market-based approach to reduce Colorado’s
greenhouse gas emissions that ensures the benefits accrue justly and
equitably to impacted communities.
4. Expand consideration of the environmental and health costs associated with
the use of fossil fuels in making and implementing climate-related policy.
Local Climate Strategies
5. Remove barriers and promote opportunities that allow counties and
municipalities to maximize the deployment of local clean energy and climate-
related strategies, including resilience-oriented strategies, while promoting
affordable, accessible, and equitable delivery of reliable clean energy.
6. Enable local governments to obtain the energy use and other data from
utilities and state agencies that they need to effectively administer climate
and clean energy programs.
7. Support a comprehensive public process for evaluating retail and wholesale
energy choice options for communities, informed by a broad variety of
stakeholders.
8. Support policies that promote the efficient use of energy in buildings.
9. Provide for cost-effective and equitable policies, strategies, and practices
that enable and accelerate beneficial electrification, reduce GHG emissions,
improve quality of life, and make the electric grid more robust and resilient.
Deleted: 7. Support a public process for evaluating
retail and wholesale energy choice options for local
jurisdictions that is led by the state and informed by
a broad variety of stakeholders.¶
Attachment B
3
Energy Generation
10. Accelerate retirement of existing fossil fuel generation facilities and their
replacement with cost-effective and reliable clean energy supplies, through
means that protect both utilities and consumers.
11. Expand the ability of electric cooperatives to independently purchase local
renewable electricity and take other steps to reduce carbon pollution.
12. Modernize energy infrastructure to enhance community-based resilience
and integrate distributed energy resources.
Energy Efficiency
13. Expand demand side savings from efficiency and conservation for all
energy types.
14. Support ongoing and sustainable funding for weatherization and
renewable energy assistance to low-income households, including those from
coal-dominated economies, so that all Coloradans have access to comfortable
and affordable homes.
15. Support ongoing and sustainable funding for programs that assist
communities in transition from coal-dominated economies.
16. Provide counties and statutory cities and towns with the same authority
held by home rule cities to implement local energy conservation policies and
programs.
Transportation
17. Ensure effective implementation of Colorado’s vehicle emissions
standards and other regulatory and programmatic activities designed to
reduce carbon emissions from vehicles.
18. Implement the 2020 Colorado Electric Vehicle Plan and other efforts to
increase electrification of all motor vehicles.
19. Increase funding and policy incentives for multimodal transportation and
multimodal-friendly development statewide.
Deleted: Expanding distributed generation, energy
storage, high levels of renewable energy generation
(distributed and utility-scale), and appropriate
technologies through grid modernization.
Attachment B
4
20. Incentivize and select mobility alternatives, including movement of both
people and goods, based on energy efficiency and environmental costs and
benefits.
Fossil Fuel Extraction Activities
21. Expand monitoring and reduction of the full life cycle emissions from fossil
fuel extractive industry activities.
Solid Waste Reduction
22. Grant CDPHE the authority to implement a plan for meeting Colorado’s
statewide and regional solid waste diversion goals.
23. Reduce the use of disposable/single-use products and promote the reuse
of materials, including construction and demolition waste.
24. Foster infrastructure, policies, incentives, and programs for reuse,
recycling, and composting.
General
25. Encourage the widespread adoption of telecommuting options and other
climate-positive innovations, drawing from the lessons learned during the
coronavirus pandemic, to substantially reduce transportation-related air and
carbon pollution.
26. Promote proactive programs and efforts that improve the resilience and
adaptability of Colorado communities in the face of natural disasters and
other major challenges associated with climate change, including ensuring
that disaster stabilization and recovery efforts result in reduced carbon
pollution and improved resilience to future disasters.
27. Optimize the potential for carbon sequestration through regenerative
agriculture, improved soil health, and forest management.
28. Incorporate equity, accessibility, and just transition considerations into
climate policies and actions.
Deleted: !
¶
Attachment B
5
29. Encourage investments that achieve climate-positive solutions, including
policies that encourage entities investing public dollars to consider partial or
full divestment as part of their investment strategies.
30. Maintain protections and authorities currently provided under
environmental laws like the National Environmental Policy Act, the Clean Air
Act, and the Clean Water Act.
Attachment B
(970) 748-4087 ewood@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager
RE: Bang the Table Engagement HQ
DATE: July 23, 2020
SUMMARY: The 2020 Strategic Plan references Community Engagement as a top priority for the Avon
Town Council with a goal of increasing community participation. Website enhancements provide a great
opportunity to engage the public about a variety of projects, however our current website platform does not
provide any method for two-way communication beyond emailing Town Council and Staff.
Staff researched different web-based platforms that allow for two-way communication. Specifically
researched were municipalities that use Civic Plus as their website host and have a different platform for
community engagement on their website. The Bang the Table Engagement HQ platform was widely used
and recommended by a variety of municipalities as highlighted below.
BACKGROUND: Bang the Table (“BtT”) is an Australian-based company that has gained traction
worldwide through their mission to form constructive relationships between communities and governments
through public engagement. Their Engagement HQ platform is used by more than 570 organizations
worldwide to deliver best-practice community and stakeholder engagement, providing accessible
opportunities for a community to learn about and contribute to decisions that affect their daily lives.
The product offers a spectrum of engagement tools that can be combined and used for different types of
projects. A brief description of each engagement tool is below:
Forum: A safe and interactive space for the community to discuss and debate pertinent issues.
Multithreaded discussions enable deeper engagement for passionate stakeholders. This appears
similar to a blog post, where people can write a post and others, including Town Staff, can
respond.
Ideas: Similar to virtual post-it notes, this is a way for the community to share what inspires them
and can include images or media for context. People can like and comment directly on ideas.
Places: Gather feedback and photos directly on a map with a single pin drop.
Stories: Help the community better understand and relate to a project. Stories can be interactive
and can include images or media to support context.
Guestbook: Simple, streamlined, and moderated space for the community to upload comments.
Comments are moderated to manage what appears publicly so the engagement stays on topic.
Q & A: Receive questions in a managed space that accommodates both public or private
responses.
Quick Poll: Ask a single question and get immediate insight. Polls are an easy way to activate
simple engagement with a single question.
Page 2 of 3
Surveys: Encourage the community to voice their opinions using a variety of question types and
rich media in a convenient and guided way.
In addition to the engagement tools listed above, the product offers a spectrum of informational tools that
can be used by Town Staff to customize the content and resources available for each project and provide a
highly visual experience. A complete list of informational tools is available on page 15 of Attachment A.
PEER ANALYSIS: Staff reached out to peer communities using Bang the Table Engagement HQ. A
summary of their experience and feedback is below.
Aspen: The City of Aspen has used it as a blanket platform for all City projects with much success. They
found the back-end reporting to be most advantageous, particularly being able to capture webpage visitors,
clicks, and ‘engaged’ participants because it provided more depth in reporting to Boards and Council
beyond how many folks took a survey. The City of Aspen reported that the available informational tools are
very effective and require thoughtful planning to ensure the correct tools are being used for each specific
project. They purchased the project for eight simultaneous planning code projects and then spread out for
use across all departments. The platform is managed by the Community Development department with a
counterpart in Communications. You can see it in action at https://www.aspencommunityvoice.com/.
Vail: The Town of Vail purchased Engagement HQ in December of 2018 specifically for the Vail Civic Area
Master Plan project. They found the platform worked very well and have continued to use it for other
projects, including the West Vail Master Plan. They find the most impressive features to be the back-end
functions, and report that the layout and design flexibility are particularly impressive. The Communications
department does most of the management for the platform. You can see it in action at
https://www.engagevail.com/.
Steamboat Springs: The City of Steamboat Springs has been using the BtT Engagement HQ platform
since November of 2017. They purchased the product for a specific ‘visioning project’ around the city-
owned ski area, Howelsen Hill. Since then, it has been used for 18 projects and more departments become
familiar with resource and gathering/meeting limitations due to COVID-19. The City has been most pleased
with the ease of setting up projects that can be easily used and updated by project managers. They use the
survey, news feed, forum, quick poll and places features the most. They also link to their social channels
and website. The reporting is quick and provides a good snapshot of activity. In addition, they have found
the support to be fantastic and any issues they’ve had have been quickly resolved. In terms of limitations,
they’ve had difficulty making the BtT tools work when a 3rd party consultant has been brought into a project,
and it was slow for community members to adopt the platform for engagement. The Communications
department manages the platform to ensure consistency and other city standards are maintained, but
project managers are involved. You can see it in action at https://www.engagesteamboat.net/.
Bang the Table provided an extensive list of additional reference communities, including Boulder, Chaffee
County, Golden and Mammoth Lakes (California).
FINANCIAL CONSIDERATIONS:
The annual base cost for the Engagement HQ platform is a $12,000 with additional options and add-ons
outlined on page 3 of Attachment A. Town Staff surveyed peer communities, and none recommended
supplemental products. All peer communities surveyed only pay the annual base cost of $12,000.
Page 3 of 3
RECOMMENDATION: Town Staff recommends purchasing the BtT Engagement HQ platform in 2020 or
2021 to grow community engagement and participation through the Town of Avon website.
Thank you,
Elizabeth Wood
ATTACHMENTS:
Attachment A: Bang the Table Engagement HQ Proposal
Build stronger, more
trusting communities
through meaningful
engagement.
Prepared by
Michelle Stephens, AICP
Bang the Table
Prepared for
Liz Wood
Town of Avon
June 11, 2020
Thank you for your consideration!
Dear Brittney and Team,
In order to support our discussions we have prepared our recommendation along with some optional items. Please find this on
the following page titled ‘Pricing and Deliverables’.
For your reference, details of the deliverables and optional items are outlined within Bang the Table’s Prospectus which
follows the Pricing and Deliverables page.
Please let me know if you have any questions and we look forward to your feedback.
Regards,
Bang the Table USA
Michelle Stephens, AICP
Engagement Manager
michelle@bangthetable.com | 303-525-5155
Optional Add-ons and Services
EngagementHQ Platform:
●Custom Brand Integration: $5,000 (first year) and
$1,000 (renewing years)
●Project Finder: $2,500 (first year) and $1,000
(renewing years)
●Single Sign-on (SSO) for administrators: $2,300 (first
year) and $1,800 (renewing years)
●Additional administrators: Site ($1,500), Project ($250)
EngagementIQ Services:
●Site Build Onboarding :$5,000 (recommended)
●Partner Support Package: $7,500
●Concierge Services: Please inquire
Marketplace Products: Please inquire and we will provide an
introduction to our partners
Pricing and Deliverables
Unlimited License Offer
TOTAL COST (without Optional Add-ons)
$12,000 plus applicable taxes
Deliverables (included in total cost)
EngagementHQ Annual License:
●Unlimited project capacity
●Branded homepage and choice of layouts, custom
domain name, SSL
●Access to all Information Sharing Tools, Feedback
Tools, Participant Relationship Management,
Analytics (including sentiment analysis), Comment
Tagging, Summary and Detailed Reports
●2 site administrator and 10 project administrator
accounts
●24/7 moderation provided by Bang the Table
●24/5 Helpdesk support via email, phone, live chat
●Access to Client Webinars
EngagementIQ Services:
●Standard onboarding
●Essentials Support Package
This document and the information in it are provided in confidence, for the sole purpose of exploring business opportunities between the disclosing party and the receiving
party and may not be disclosed to any third party or used for any other purpose without the express written permission of the disclosing party. Pricing is valid for 60 days.
Build stronger, more trusting
communities through
meaningful engagement
Bang the Table Prospectus
A comprehensive overview of the EngagementHQ platform
and supported integrations, add-ons and services.
Our Mission 1
Robust Democracy Requires Real Public Participation 2
Introducing EngagementHQ 3
A Full Spectrum of Engagement Tools 5
Inform your Community 10
Participant Relationship Management (PRM)11
Reporting and Analytics 13
24/7 Moderation 16
24/5 Technical Support 17
Service Level Agreement & Account Management 18
Introducing EngagementIQ 19
Expert Advice, Training and Support 20
Select your Level of Support 21
Book your Sessions 22
Add Custom Support 24
Our Community of Engagement Practitioners 27
Design and Customization Options 28
Theme Selection 29
Brand Integration & Project Page Layouts 30
Product Innovation and Enhancement 31
EngagementHQ Marketplace 32
Technical Specifications 35
Security and Privacy 36
Hosting 38
Accessibility & Device Compatibility 39
Contents
Our mission is to enable public participation as a fundamental pillar
of well-functioning 21st century democracies by forging constructive
relationships between communities and the institutions of government.
“You helped us quickly gather information
from the community, especially groups
and populations that do not come to the
in-person meetings.”
Chris Meschuk
City of Boulder
Our Mission
2Bang the Table ProspectusReturn to contents page
Robust Democracy Requires
Real Public Participation
Through technology and deep industry knowledge, our
aim is to continuously innovate and add value to the
community engagement industry.
Our experience with online community engagement aims to empower
organizations and their communities by providing them accessible
opportunities to learn about and contribute to the decisions that affect
their daily lives.
Bang the Table was established because, no matter how well-designed
the offline consultation process, inevitably it only reaches a small segment
of a community. The online space provides the opportunity to give vastly
more people access to information and enable them to have their say. It
drives inclusive, transparent, and measurable community engagement
processes that empower collaborative learning, discussion, and debate.
EngagementHQ is a community engagement platform that provides
capacity and support for focused consultation in a safe, information-rich
environment through an integrated range of online community engagement
feedback tools. A diverse approach extends inclusiveness and gives the
community better opportunities to have their say on issues that are
important to them.
The use of EngagementHQ, combined with our guidance and support,
will provide an immediate and engaging online presence that will produce
exceptional and measurable results.
If you have questions about this prospectus, we would love to hear from you.
Bang the Table
U.S.
2400 Spruce Street, #204
Boulder, CO 80302
1-844-308-2907
W9 47-5582814
CANADA
300-1090 Homer Street
Vancouver BC V6B 2W9
1-844-308-2907
PBN: 831001185 PG0001
BN: 831001185 RT0001
WCB # 940023 AA (007)
AUSTRALIA
Level 1, 96 Pelham Street
Carlton, VIC 3053 Australia
1300-647-014
ABN: 96 127 001 236
ACN: 127 001 236
U.K.
27 Elder House, 4 Water Lane
Kingston Upon Thames KT1 1AE
0800-779-7724
NEW ZEALAND
Level 1, Awly Building,
287/293 Durham Street North,
Christchurch 8013 New Zealand
+61 3-9020-8628
“EngagementHQ has been a hit
in our community, helping to turn
innovative ideas into reality!”
Dannette Robberson
City of Parker
Introducing
EngagementHQ
4Bang the Table ProspectusReturn to contents page
EngagementHQ is used by more than 570 organizations
around the world, supporting over 12,000 practitioners
to deliver best-practice community and stakeholder
engagement. One robust platform lets you inform, engage,
measure and build community through meaningful
relationships and ongoing interactions.
Multiple feedback tools serve to engage participants while unique information-
sharing tools support efforts to inform and educate.
• Use a full array of videos, documents, image galleries, key dates,
lifecycles, and other information tools to educate, build confidence in the
process, and drive participation.
• Customize the appearance of your engagement site and project pages
to align with your brand. Use a mix of feedback tools for any project to
encourage input, guide education and extend participation.
• Easily share draft projects with internal or external stakeholders for
approval before launch.
• Participant management helps you understand who you are hearing
from and reach out to target groups and segment your participants for
deeper feedback analysis.
• Our easy to use Newsletter helps you target community members with
branded email newsletters.
• In-depth real time reporting ensures that you can ‘listen’ effectively
and efficiently while text and demographic analysis tools help you
understand community sentiment behind the feedback.
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Participants can engage with each other.
Comments, images and ideas are visible
to the community.
Participants cannot engage
with each other. Data is
stored in the backend and
only accessible by admin.
Participants can see other contributions.
However, there is little peer-to-peer
interaction. Some data may be visible to the
public, other data is just accessible by admin.
Each environment has a range of tools that are suitable for use on their own or in combination with others as part
of a more robust methodology. Understanding your objectives, negotiables, and the types of information you need
will be a key determining factor for your tool selection.
A Full Spectrum of Engagement Tools
EngagementHQ offers a complete range of engagement tools, making it easy to marry
your online and face-to-face methodologies.
Mix and match any combination of feedback tools to support the different stages of your consultation process.
Selecting the right tool for your engagement is essential to getting the feedback you need. When considering
which tools to utilize, you can choose to keep public participation in a controlled, mixed or open environment. The
spectrum below identifies where each tool fits within these operating environments. As you advance your practice,
you’ll become more comfortable using a combination of tools, expanding the level of detail and input you receive.
Mixed environment
Controlled environment
Open environment
FORUM IDEAS PLACES STORIES GUESTBOOK Q&A QUICK POLL SURVEYS
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IDEAS
These virtual post-it notes are a way for your
community to share what inspires them. Ideas can
include images or media for context and participants
can like and comment directly.
• Include rich media content in the introduction
• Unlimited amount of Ideas instances per project,
with one featured Ideas instance
• Indefinite or scheduled voting
• Participants can like and comment on other
people’s ideas
• Include photos to support your idea
• Enable social sharing of Ideas
• Scheduled publishing
• 24/7 moderation
FORUM
A safe and interactive space for your community to
discuss and debate pertinent issues. Multithreaded
discussions enable deeper engagement for
passionate stakeholders.
• Include rich media content in the introduction
• Unlimited Forum topics per project page
• Unlimited comments per Forum topic
• Easy to read threaded replies
• Participants can agree and disagree on other
people’s comments
• Enable social sharing of Forum topics
• Allow unverified participation
• 24/7 moderation
Long Term Plan 2018-2028 - Have Your Say Hutt City
“Why is improving our city’s environmental sustainability
important to you?” - Our Wollongong
A Full Spectrum of Engagement Tools
Continued
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STORIES
Help your community better understand, empathize, and
relate to others and your project. Stories can be interactive
and can include images or media to support context.
• Include rich media in the introduction and thank
you message
• Allow other participants to comment on stories
• Ability for participants to agree/disagree on other
comments
• Participants can turn off commenting on their story
if they choose
• Allow unverified participation
• Enable notifications to admin when a new story
is posted
• 24/7 moderation
PLACES
Gather feedback and photos directly on a map with a
simple pin drop. Geospatial maps offer participants a
fun way to engage and see their contribution on a map.
• Include rich media content in the introduction
• Choose from 8 different map types
• Unlimited Maps per project page
• Allow unverified participation
• Select from 200+ pin category icons
• Supports multiple GIS layers in Shapefile, KML,
WMS or draw your own formats
• Draw custom map shapes, add points of interest
and unique layer styles
• Pin categories can be applied to group input
• Survey responses, pin comments and pin photos
are visible to the public
• Include a mandatory or optional survey with each pin
• 24/7 moderation
Cogswell District Redevelopment Project - HALIFAX
A Full Spectrum of Engagement Tools
Continued
Transportation Planning Projects - Be Heard Boulder
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GUESTBOOK
Simple, streamlined, and moderated space for your
community to upload comments. Comments are
moderated to manage what appears publicly so your
engagement stays on topic.
• Include rich media content in the introduction
• Allow unverified participation
• Pre or post moderation (moderation happens
before or after the comment in published)
• Send acknowledgment to participant that
comment is posted
• Send notification to the admin when a new
comment is added
• 24/7 moderation
Q&A
Receive questions in a managed space that
accommodates your public or private responses.
• Include rich media content in the introduction
• Respond to questions privately (an email is triggered
back to the participant) or publicly (both question and
responses appear on the site)
• Allow unverified participation
• Send notifications to administrators when new
questions are posted
• Send notifications to participants when their question
has a response
• Ability to customize notifications and add subject
matter experts to manage your Q&A
• Enable social sharing of questions
Transportation Master Plan - Have Your Say Guelph
Ask HR - Engage Tigard
A Full Spectrum of Engagement Tools
Continued
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SURVEYS
Encourage your community to voice their opinions
using a variety of question types and rich media in a
convenient and guided way.
• Choose from 14 different question types
• Apply skip and conditional logic to your questions
• Include images or videos in survey questions
• Schedule survey publishing and archiving
• Option to display survey results to participants
• Participants can save the progress of their submissions
• Ability to upload documents to support submissions
• Easily clone Surveys to save time
• Easily pin Surveys using the Places tool
• Enable social sharing for Surveys
• Configure Survey as a petition
• Use multiple Surveys on any project
• Allow single or multiple submissions
• Download printable surveys for face to face
engagements and offline sharing
• Customize and export Survey reports for stakeholders
QUICK POLL
Ask a single question and get immediate insight with this
quick and targeted tool. Polls are an easy way to activate
simple engagement with a single question.
• Include multiple Quick Polls on the same project page
• Use Quick Poll as a widget or a tool
• Allow unverified participation
• Only one vote is allowed per user, even for unverified
participants (cookies are used to prevent multiple
submissions)
• Show votes instantly, before or after the participant
has voted
Character Design Forum - Your Say Brisbane
A Full Spectrum of Engagement Tools
Continued
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Inform your Community
EngagementHQ incorporates a range of information tools to support your
digital engagement objectives. Use these tools to highlight your key content and
information resources, making it easier for your audience to self-educate and explore
important issues in depth.
RELATED PROJECTS
Showcases related
projects to cross-pollinate engagement and promote self-
learning.
IMPORTANT LINKS
Lets you display a list
of links important to your project.
PHOTOS The photo
gallery displays two
custom images from an unlimited capacity image gallery.
VIDEOS The video
gallery displays two
custom video stills from an unlimited capacity video gallery.
DOCUMENTS Displays
the key documents
from your library as individual items or in folders.
ADVANCED
SHARING
CORE PROJECT INFO
LIFECYCLE Outlines
the stages of your
project to your community and communicate project
progress as you move
through each stage.
WHO’S LISTENING
Humanizes projects
by displaying profiles of the people listening to feedback on your
project.
KEY DATES Displays
and promotes key dates
associated with the off-line engagement process such as public
meetings.
FAQ Displays a short
list of frequently asked
questions and answers about your project with a link through to the
FAQ page.
RICH MEDIA
FOLLOW PROJECT
Allows registered and unregistered participants to
subscribe to the
project.
SIGN UP BANNER
Encourages your community to register and builds your
participant database.
NEWS CATEGORIES
Automatically adds a list of categories from your published news
articles.
QUICK POLLS Provides
a transparent and accessible way to capture public
sentiment quickly.
CUSTOM Allows
the integration of embedded content from any third-party
source.
PROJECT UPDATES
Information tools can be customized to align with your organization’s language and your site’s look and feel.
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A powerhouse relationship management system, PRM gathers participant data through your site registration
process and integrates their profile data with their interactions and feedback, helping you better understand and
engage with your community. Maintaining a database of your participants and their interactions eliminates the
need to rely 100% on project promotion to drive participation and ensures people are kept informed throughout a
project’s lifecycle to validate participation.
TARGETED COMMUNICATIONS
EngagementHQ has segmentation functionality that
allows administrators to target registered participants
via email. Targeting can be based on various data
points such as prior interest, participation in past
projects, demographic information collected during the
registration process, and so on. These criteria are then
used to create Groups, which are then used to target
participants with topic specific messaging via the
newsletter feature.
NEWSLETTERS
Syncing with your other EngagementHQ tools and
data, our built-in newsletter gives you one easy
platform to work from. The designs are simple to
work with and include preview and test functions, and
audience selection and filtering.
SOCIAL INTEGRATION
Easily connect your social platforms to EngagementHQ.
Provide social login ability for participants (via Google,
Facebook or Twitter), enable social sharing of your
projects, and embed social feeds into your engagement
platform and projects.
Participant Relationship Management (PRM)
Create an email list of past project participants
Send email updates to participants through EngagementHQ
Our Participant Relationship Management (PRM) system is our flagship community-
building system. It makes long-term engagement with your community easy by
building historical data of participants through their preferences and interactions
across your projects on EngagementHQ. This enables powerful segmenting and deeper
analysis for your engagement program.
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Participant Relationship
Management (PRM)
Continued
Project Visibility Modes
The visibility tool gives your projects three modes of
visibility: ‘Public’ (anyone can view and participate),
‘Paneled’ (anyone can view, but only invited panelists
can participate), or ‘Protected’ (only selected groups
can view and participate).
• Participants can create a profile via a registration
form configured by you. The only fields required
to participate are a participant-defined username,
password, and email address. Additional fields can
be configured to support deeper data analysis and
community understanding. Demographic analysis
features can be run using participant data collected
in your registration form, providing better insights
and actionable feedback from community input.
• Our engagement tools allow anonymous and
registered participation, as configured by
administrators.
• User profiles and user passwords are encrypted at
rest using bcrypt and a hash; data is also encrypted
in transit by applying an SSL certificate.
• EngagementHQ will also log available participant
information and make it visible in the Participant
Relationship Management dashboard, and
accessible via the Analytics Reporting tool.
• Usernames and email addresses are checked for
uniqueness at create and edit points.
• When logged in, participants can access their
profile to update their preferences.
• Participants can reset forgotten passwords
using the “forgotten or reset password” process,
which can be accessed at any time with a
verified email address.
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Reporting and Analytics
Get better insights, improve your
communications, and make better
decisions with enhanced analytics and
sentiment analysis.
Our A-I-E framework is designed to make it easy to
measure the performance of your project against
realistic goals, identifying how many participants are
Aware, Informed, and Engaged (A-I-E) for each project.
Automated weekly email reports identify project
interest, critical issues, and important community
stakeholders. Sophisticated reporting lets you analyze
or export the results of a single feedback process, an
entire project, or your entire project history.
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Reporting
DASHBOARD
Monitor site visits, registration numbers and active
participants coming to your EngagementHQ site.
See how your marketing efforts are working to drive
participation. And easily access recent community
responses for review.
PROJECT REPORTS
See a summary of visitor insights, channel referrals
and participation for each engagement project. Filter
to identify traffic sources for one, many or all of your
projects within the same report. Understand which
feedback tools and widgets are being used the most by
participants, which projects have the most contributions
and how participants interact with your site.
TOOL REPORTS
Dive deeper into your feedback tools to understand
how participants interact with a specific tool across all
of your projects. Layer demographic questions from
your registration form into your reporting to better
understand which segments of the community are
represented and more importantly, which segments are
not that need to be, before you start deeper analysis.
CUSTOM DASHBOARDS
Through our EngagementIQ services, you can embed
custom dashboards from services such as Zoho directly
into your EngagementHQ site. These reports can be
generated at the close of your engagement project and
provide a nice visual way to close the loop with your
participants and stakeholders. You may also integrate
EngagementHQ with Google Analytics for more insight
into how your visitors interact with your site.
Run reports directly within the EngagementHQ interface to monitor progress and results for your projects.
Export formatted report summaries and detailed reports in PDF, Excel or CSV for deeper data analysis work and
sharing. Detailed reports provide insights for individual feedback tools, holistic project reports, multi-phased
projects or for your entire site.
Reporting and Analytics
Continued
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TEXT ANALYSIS
Understand which issues are important to your
community by analyzing comments across tools,
including Forum and Survey tools. Keyword tags can
be applied allowing you to identify key themes across
the data that can be further segmented by both
demographic and sentiment for deeper analysis.
DEMOGRAPHIC FILTERING
Use the demographic details you collect from
participants during the registration process to filter
your feedback data and identify trends within your
community segments.
SENTIMENT ANALYSIS
Through the use of Artificial Intelligence (AI),
EngagementHQ’s sentiment analysis feature will
assign positive, neutral, mixed, or negative sentiment
labels to each text based response, showing you a
summary of community sentiment around a particular
topic. Demographic filters can be applied for deeper
understanding of community needs.
SURVEY ANALYSIS
Get a detailed report of all your survey responses to
see specific answers by each community member to
each survey question. Download survey questions and
answers with easy to understand graphs and charts that
summarize community responses for each question.
Advanced Analytics
Extracting meaningful insight from large quantities of text based responses is made approachable in
EngagementHQ by applying demographic filtering, sentient analysis, and comment tagging to your feedback data.
Reporting and Analytics
Continued
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Mitigate risk and keep your community
protected.
Expert moderation protects you and your community
against bullying, heckling, and inappropriate behavior
as well as ensuring that your forums and discussions
are on-topic and privacy is protected. It is an
essential solution for any government department
or organization with a legal obligation to protect the
right to free speech. The service is designed to protect
you and your community. Our moderation policy can
be found at the bottom of all client sites.
EngagementHQ first filters all posts to remove
spam and to look for high-risk language. Comments
containing bad language do not appear on the site
and are instead routed to a moderator to check if
they are permissible. All other content on Ideas,
Places, Discussion Forum, and Guestbook tools are
reviewed by our expert moderators within 2 hours
of posting, 24/7. Comments found to be contrary to
the moderation rules are removed with a clear reason
being emailed to the participant who posted the
comment, giving them the option to repost in a way
that does not violate moderation rules.
As administrators, you can always access removed
content on request, and if you disagree with our
moderators, you can request to have content reinstated
on your site. Thankfully, our experience shows
moderators remove less than 1% of all content as our
timely and independent intervention can prevent a
discussion going off the rails.
Posts to the Stories and Q&A tools are moderated by
our clients in the administrative interface. For these
tools, nothing appears on the site without your team
giving it the green light first. Questions to the Q&A
tool require an answer, and Stories can contain rich
media, which is why we leave moderation of these
elements to your team.
* English and French 24/7, Spanish 24/5.
24/7 Moderation*
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Live chat, in-application support, and helpdesk
EngagementHQ delivers more than just an online engagement platform. It is
serviced by real people who answer the phone and respond to live chats and email.
EngagementHQ is also the product of nearly a decade of community best practice,
and our knowledge base reflects that. Communicate directly with a human to
discuss and identify issues, and to receive updates on process and resolution.
HELPDESK
Our customer experience team can be contacted for user, technical, and
practical support.
Email: support@engagementhq.com
Web: helpdesk.bangthetable.com
24/5 Technical Support
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Service Level Agreement
When a support ticket is opened, our customer experience
team will assign a severity level to each ticket and will work
to resolve the issue within the designated response time,
according to the severity level of the issue raised.
SEVERITY LEVEL EXPECTED RESPONSE AND
RESOLUTION TIMES
Critical core function site issue Resolution within 4 hours
Minor critical core function site issues Response within 2 hours and resolution
within 1 business day
Non-critical core function site issue Resolution within 2 business days
Minor non-critical core function
site issues
Resolution occurs as soon as possible,
no later than 10 business days
Account Management
Runs parallel with services and support: You can call or email
your assigned Engagement Manager during regular business
hours (EST), and either submit a help ticket to our support
team using the in-app chat function or directly via email, at
any hour of the day.
Your Engagement Manager will help your team use the EngagementHQ platform
to its fullest capability, aligning with your objectives and guide training, suggest
product feature enhancements and services to further support your team and
build capacity where you need it most.
Introducing
EngagementIQ
“I have had such wonderful support from
Bang the Table staff in my use of our Let’s
Talk platform as well as from the webinars
and online support for all of the questions I
have had about creating projects.”
Simone Zrna
City of Murray Bridge
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ADVICE Get expert digital engagement advice
Need help planning for and delivering your next digital engagement? Our
engagement team can help you achieve project success with advice to help you
deliver best-practice digital engagement.
TRAINING Get the most from EngagementHQ
Take your use of EngagementHQ to the next level. Work with our engagement
team to learn how to use the features of EngagementHQ including advanced
features and more.
SUPPORT Solve any issues with 24/5 support
Struggling with technical questions? Having problems setting up tools? Our world-
class client experience team can help you overcome the trickiest of problems, via
online chat and email.
MODERATION Rely on our content moderators 24/7
Our global network of experienced and mature moderators keeps any public-
facing conversation safe and on-topic for participants and protects you from any
risks associated with inappropriate content.
Whether you’re looking for quick strategy advice, help
delivering a project or additional online training for your
team, our EngagementIQ team have you covered.
Expert Advice, Training and Support
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Core
ADVICE
Our core offer for all
EngagementHQ clients
includes:
• Help desk resources for
self-directed learning
• Invitations to client
meetups & professional
development workshops
• Regular monthly webinars
TRAINING
Face-to-face and online
training available on request.
SUPPORT
Our guaranteed support
commitment for all
EngagementHQ clients:
• 24/5 chat & email support
• 15min first response chat
• 2hr first response email
Essentials
ADVICE
Utilize up to 10 hours of
support and advice from an
EngagementIQ team member
for assistance with:
• Setting up projects & tool
selection
• Database management
• Developing organizational
capacity & processes
• Planning your projects
TRAINING
1 x 60min instructor-led
online refresher training per
annum.
SUPPORT
Our guaranteed support
commitment for all
EngagementHQ clients:
• 24/5 chat & email support
• 15min first response chat
• 2hr first response email
Partner
ADVICE
Work with us as your strategic
Partner, with up to 20 hours
of support and advice from
a dedicated EngagementIQ
team member who can assist
your team with:
• Strategies for driving
participation
• Utilizing different
methodologies
• Best-practice planning &
tool selection
• Organizational buy-in
• Support for major projects
• Design & layout
Includes annual Benchmarking
Report with strategic
recommendations for
improving practice.
TRAINING
Up to 2 x 60 min online
training sessions for advanced
product training.
SUPPORT
Prioritized SLA’s for first-in-
queue support:
• 24/5 chat & email support
• 5min first response chat
• 1 hr first response email
Custom
ADVICE
Build your own requirements
and tailor a support plan for
your specific needs.
Custom plans are suitable for
larger teams or clients looking
for whole-of-organization
approaches to engagement.
If you have other
requirements, get in-touch to
discuss.
Select your Level of Support
Choose a plan most suited to your needs. We have options for organizations at every
stage of their journey with EngagementHQ.
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Essential Example session plan
Flexibility for small teams and experienced organizations.
Work with your EngagementIQ team member to map out your support plan. Schedule
or access online sessions when you need via an online booking calendar. Catch up via
chat, phone or video conference.
Book Your Sessions
SESSION 1
Tools & Planning
Learn how to choose
the right tools and use
the best approaches
for your upcoming
digital engagement
projects. Utilize planning
templates to identify your
objectives, methodology
and risks.
SESSION 2
Driving Participation
Strategic progress
check-in. Learn and
discuss strategies for
driving participation and
managing your PRM as
an essential engagement
asset.
SESSION 3
Deepening
organizational buy-in
Half-year discussion
about progress.
Session to focus on
organizational adoption
and strategies for
embedding engagement
in the organization.
SESSION 4
Performance evaluation
and goal setting
Major projects review.
Learn best practices
for evaluating digital
engagement performance
and investigate
opportunities for
benchmarking and
improvement.
REFRESHER TRAINING
Instructor-led online session for new team
members and current site admins with a focus on
EngagementHQ functionality and improving product
utilization. This session can be tailored to meet your
needs and requested on demand throughout your
license year.
PROJECT SUPPORT
Utilize some of your packaged hours for support in
planning and delivering your projects. Schedule a
session with your EngagementIQ team member prior,
during and after your project is complete for expert
support and advice for whole project delivery.
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Partner Example Session Plan
Get in-depth advice, training and support for your whole team.
SESSION 1
Strategies for Organizational
Adoption
Discuss organizational priorities and
establish goals and objectives for
organizational adoption and buy-in.
Plan a strategy for building internal
capacity to deliver a coordinated
digital engagement program.
SESSION 2
Developing policies and procedures
Focus on developing and
establishing internal processes
which support coordinated
engagement and best-practice use
of EngagementHQ. Review internal
engagement policies and discuss
opportunities for incorporating
digital engagement guidelines.
SESSION 3
Best practice project planning and
writing engaging questions
Discover best-practice approaches
for planning for digital engagement
using EngagementHQ and discuss
methods for writing engaging
questions which can better
harness online tools.
ADVANCED EngagementHQ SKILLS TRAINING
Instructor-led online session for advanced skills
training to improve product utilization. This session
can be tailored to meet your needs and requested
on demand throughout your license year.
PROJECT SUPPORT
Save some of your packaged hours to support your
colleagues in planning and delivering their projects.
Partner packages provide enough support to ensure
all your site admins and project admins can access
EngagementIQ advice when they need it the most.
SESSION 7
Site review and benchmarking
Go over your annual site review and benchmarking
report with us in detail and develop a implementation
plan for addresses our strategic recommendations.
SESSION 4, 5 & 6
Major project support
Planning - Execution - Reporting
Partner with us throughout the delivery of a
major project for advice and assistance with
planning, project delivery, support throughout your
consultation and guidance on reporting.
Book Your Sessions
Continued
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The new Bluehaven interface offers
administrators intuitive navigation,
in-app tours and helpful prompts to
guide learning and feature discovery.
Getting Started with EngagementHQ
Getting started with digital engagement requires strategic thinking, site scoping, project support and training.
Our recommended onboarding process helps you start off on the right note with rigorous site scoping,
EngagementHQ platform training, quality assurance and testing before you launch.
Add Custom Support
Site Build
Our engagement team will build your site for you, including tool setup, managing site settings, homepage creation,
ensuring accessibility and creating your first projects.
ACCESSIBILITY AUDIT
Ensure your new site is inclusive for all residents. Our team will review for missing alt text, heading structure usage,
color contrasts and complexity of your project copy.
LAUNCHREVIEWSITE BUILDPLANNING
Site
Delivery
Self-directed
Site Build
Pre-launch
Quality
Assurance and
Testing
Launch
Site
Kick-off
Meeting
Site Scoping
Session
Online
Training
Online
Training
Onboarding Process
LAUNCHREVIEWSITE BUILDPLANNING
Site
Delivery
We Receive
Your Content We Build
Your Site
Site Build
Iterations
Pre-launch
Quality
Assurance and
Testing
Launch
Site
Accessibility
Audit
Kick-off
Meeting
Site Scoping
Session
Online
Training
Online
Training
Custom Onboarding
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Training
Our EngagementIQ Team can provide tailored training to suit any organization.
IN-HOUSE TRAINING AND WORKSHOPS
Host our EngagementIQ Team at your organization and learn a wide-range of
skills and strategies for use in digital engagement.
ONLINE ACCELERATORS
Rapidly increase your knowledge of digital engagement and EngagementHQ with
tailored on-demand online training for your team.
ONLINE COACHING
Develop a professional learning plan for you and your team and work with a coach
on new approaches and challenges to enhance your digital engagement practice.
Project Delivery
Get extra help with major projects to ensure your team delivers high-quality and
efficient digital engagement.
PROJECT PAGE BUILD
Allow us to build your project page for you, including tool setup, testing and
page iterations.
SURVEY DESIGN
Get assistance developing the perfect survey which allows for thorough analysis and
informed decision making.
PREMIUM PROJECT SUPPORT
Ensure business continuity when your under-resourced and allow us to support
our digital engagement project needs.
Add Custom Support
Continued
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Data Analysis and Reporting
Bring your engagement data to life with a range of services to help with analysis
and reporting to build trust with community and make better decisions.
INTERACTIVE PROJECT DASHBOARDS
Take your project data and transform it into a unique and embeddable
interactive dashboard to help project teams and the community visualize your
engagement outcomes.
SITE REVIEW AND BENCHMARKING REPORT
Take a deeper look at your engagement practices using EngagementHQ
and get strategic recommendations and performance benchmarks to help
improve your practice.
COMMENT TAGGING AND ANALYSIS
Allow us to tag and code your qualitative feedback and develop an interactive
report that enables you to better analyze unstructured text.
Add Custom Support
Continued
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Our experience is built on shared knowledge of best
practices and insights among Bang the Table and our clients,
professional networks, and communities, all interested in
fostering stronger public engagement.
Their willingness to share, be challenged, and experiment
has afforded Bang the Table the luxury of leading the online
engagement industry for nearly a decade.
Our Community of Engagement
Practitioners
Bang the Table supports approximately:
12,000+
active practitioners using
EngagementHQ
570+
communities and government
organizations around the globe
11 million+
participants engaging across
all of our client’s sites
58,000+
active subscribers to our mailing list
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“The platform interface is fantastic and
really user friendly, so I am sure I’ll be
able to pick this up in no time!”
Maddie Brough
City of Launceston
Design and
Customization
Options
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Theme Selection
EngagementHQ can be structured and branded to support your corporate identity.
Website design, information architecture, and visual branding are all critical elements of your community’s online
experience. With EngagementHQ you can customize the look of your site to match your corporate look and feel.
CLEAN SKIN DELIVERY
EngagementHQ is delivered as an ‘unbranded’ website. You choose your colors, add your corporate logo, header
banners, and any images.
HOMEPAGE TEMPLATES
EngagementHQ comes with the choice of four homepage layouts suitable for different organizational needs straight
out-of-the-box.
HOMEPAGE TEMPLATE EXAMPLES
Whitehaven
Torquay
Bondi
Coral Bay
30Bang the Table ProspectusReturn to contents page
Brand Integration
Bring the look and feel of your organization’s brand to your EngagementHQ platform. With Brand Integration,
our team will incorporate your unique website header, footer, fonts, colors and other design elements into your
EngagementHQ site, providing a seamless experience for your participants. Navigation elements can be integrated
either statically or dynamically. Once branding elements have been integrated, they are applied to all future projects.
Brand integration is offered as a custom site build option through our EngagementIQ services.
Project Page Layouts
Project pages are designed to be the one stop shop for
all of your ongoing conversations. The layout allows
your team to educate your community through the
built-in content management system and educational
tools, while also collecting their feedback. Project
pages can handle rich media embedded content,
including videos and photos, making it easy to educate
your different audiences. Tools are turned on or
off with single-click functionality, and the content
management system will walk you through the
creation of new project spaces.
Flexible page layouts: Each EngagementHQ project
page can be structured to meet your specific project
needs with the choice of multiple engagement tools
and information widgets.
Lake Macquarie City Council Website
Lake Macquarie City Council EngagementHQ Site
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“I wanted to say a big thank you for
implementing the SSO for Engage
Bayswater so quickly!
I’m already finding it much simpler to
use and I’m sure others will as well.”
Janelle Easthope
City of Bayswater
Product
Innovation and
Enhancement
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EngagementHQ was built to support a strategic development cycle that will bring
consistent product innovation and feature advancement for our clients. With
quarterly release schedules, backed by rigorous testing and deployment processes,
EngagementHQ will continue to deliver best in class tools and applications that move
the practice of digital engagement forward for our clients around the world.
EngagementHQ Marketplace
Build your communications and engagement ecosystem through our partnerships
and integrations.
Expand your capability and reach, these powerful solutions can be added to your EngagementHQ platform to
create a seamless user experience for both participants and administrators.
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Project Finder
Project Finder allows you to embed any or all of your
engagement projects onto any website. Through
keyword filtering, participants can search and filter
your active projects to find topics of interest without
coming to your EngagementHQ site directly. By clicking
into the project from the embeddable tool, participants
will be taken to your engagement site to participate
and provide feedback. You may customize the visual
appearance when embedded on your site to match and
the projects displayed will automatically update as new
projects are published.
Authorized Single Sign On (SSO) for Administrators
Create a simple and secure login process with
SSO. Connect your existing staff database to your
EngagementHQ platform allowing your administrators
to use the same login for all systems. Your IT team
maintains access to your systems and passwords can
follow your internal security protocols.
Email client integration
Connect your email service provider account with
EngagementHQ and run branded email campaigns
to promote your digital engagement projects. We
currently integrate with Campaign Monitor, Emma,
Mailchimp, Vision6 and Constant Contact, others to be
added based on need.
EngagementHQ
Marketplace
Continued
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Partnership Integrations
Bang the Table has partnered with other leading solution providers around
the world to build a comprehensive ecosystem for community engagement
practitioners
BUDGET ENGAGEMENT BALANCING ACT
Balancing Act budgeting software embeds seamlessly within an EngagementHQ
project page, enabling you to run interactive budget simulations for residents to
explore various budget scenarios and get feedback during your budgeting process.
PDF/CONTENT ENGAGEMENT KONVEIO
Engage with stakeholders around official documents such as city plans or PDF reports,
directly in EngagementHQ. The Konveio software embeds seamlessly in a project page
and makes interactive publishing, reviewing and commenting on city documents more
social. Participants can add feedback, expand on ideas with contextual insights, or add
rich media overlays right within the shared PDF document.
SMS ENGAGEMENT MESSAGE MEDIA
Send bulk SMS (text) messages to promote your engagement projects and
close the loop with your community. The Message Media platform integrates
with EngagementHQ, allowing you to send Quick Polls or Forum postings to
stakeholders and funnel those replies automatically into your EngagementHQ
site for further analysis.
GOVDELIVERY SUBSCRIBER NETWORK GRANICUS
Through our partnership with Granicus, EngagementHQ can be integrated with your
govDelivery account allowing you to proactively solicit, receive and analyze feedback on
your engagement projects through your subscriber network. Participants that follow
your projects on EngagementHQ will also be added to your govDelivery network.
EngagementHQ Marketplace
Continued
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Technical
Specifications
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Security and Privacy
Bang the Table takes the protection of your information and
the information of your community extremely seriously. We
have made a commitment to comply with the standards of all
jurisdictions in which we do business.
We have outlined some of the measures that are a result of this commitment
to information security. As always, we are happy to provide further detail
when requested.
Compliance
ISO 27001
Our information security management system (ISMS) which underpins all of our
operations has been successfully certified to ISO/IEC 27001:2013, the global
standard for information security management.
GDPR
The European Union’s General Data Protection Regulation (GDPR) protects
European Union data subjects’ fundamental right to privacy and the protection of
personal data. It introduces robust requirements that will raise standards for data
protection, security, and compliance.
Security
We go to great lengths to protect the data we store for you.
APPLICATION
Our applications are continually monitored and tested for security weaknesses by
our Engineering team.
We perform regular and ongoing internal application security assessments
to discover and mitigate potential weaknesses based on OWASP rating and
methodology. We use automated tools as well as manual testing processes to
make sure we are as secure as possible all of the time.
The operating systems and databases running our servers are continually monitored
and patched with the latest security fixes by Rackspace. The web framework is
continually monitored and patched by our internal development teams.
37Bang the Table ProspectusReturn to contents page
An independent third party carries out comprehensive Vulnerability Assessment
and Penetration Testing (VAPT) of EngagementHQ once a quarter. Results of the
latest VAPT are available upon request.
DATA
We have strict data access rules in place with detailed logging to prevent theft and
misuse. Access is limited to key personnel involved in maintaining our services and
support. Interaction with client data is only at the request of the client.
EngagementHQ provides role-based access controls with unique usernames and one-
way password encryption to help clients manage their own logins. SSL certificates and
Single Sign On integration are available for further protection.
Data is stored within a mySQL database on AWS RDS with attachments stored within
AWS S3. All data stored on AWS RDS is encrypted using AWS provided - AES-256-GCM
encryption standards. Amazon RDS has multiple features that enhance reliability for
critical production databases, including automated backups, DB snapshots, automatic
host replacement, and Multi- AZ deployments.
NETWORK
Our application is hosted on the large, Internet-scale, world-class infrastructure
that benefits from the same engineering expertise that has built Amazon into the
world’s largest online retailer. AWS’s networks are multi-homed across a number
of providers to achieve Internet access diversity. We utilize the Amazon Virtual
Private Cloud (VPC) to create an isolated ecosystem for EngagementHQ.
The AWS network uses proprietary mitigation techniques providing significant
protection against traditional security issues such as Distributed Denial of Service
(DDoS) Attacks, Man in the Middle (MITM) Attacks, IP Spoofing, Port Scanning, etc.
Additionally, our inbound firewalls are configured to permit only the absolute
minimum connectivity required to provide the service to our clients. Any changes
to the access rules require authorization.
Privacy
Bang the Table makes no use of the personal information provided by your
community. This is your data and we will only access this information to render
assistance as part of a support ticket. We log and audit all such access.
Security and Privacy
Continued
38Bang the Table ProspectusReturn to contents page
Hosting
INFRASTRUCTURE
Your EngagementHQ site is hosted on Amazon Web Services (AWS) infrastructure
within your jurisdiction as below:
AWS is the leading cloud services provider in the world. Their suite of products
and services, security controls, scalability, reliability, astonishing number of
datacenters, flexibility and continued innovation make them the absolute best
choice for hosting in the cloud.
AWS cloud infrastructure meets the requirements of an extensive list of global
security standards, including ISO 27001 and SOC. See the AWS Compliance page
at: aws.amazon.com/compliance for more information.
MANAGED SERVICES
We have contracted Rackspace to manage our hosting environment 24x7. They
provide us with operational and strategic support to ensure our systems are best-
in-class, secure and available at all times.
Like AWS, Rackspace are a global company certified for a wide range of
international security standards confirming their operations are safe and
trustworthy, see: www.rackspace.com/certifications.
AVAILABILITY AND DISASTER RECOVERY
We guarantee 99.75% availability and our uptimes have historically remained
above “three 9s” (99.9%). Our guarantee is backed by our SLAs. Even though we
take all conceivable measures to ensure our service to you is uninterrupted, as
with life, major events completely beyond our control can interrupt our service.
We take nightly backups and have a well-tested recovery plan in place to minimize
potential disruption from major events.
Our Disaster Recovery plan is tested annually or when there is a major change in
our environment, either to our infrastructure or application. Lessons learned from
these tests are incorporated back into the plan.
COUNTRY HOSTING LOCATION
Australia AWS, Asia Pacific (Sydney)
New Zealand AWS, Asia Pacific (Sydney)
Canada AWS, Canada (Central)
United Kingdom AWS, EU (London)
United States of America AWS, US West (Northern California)
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Accessibility
EngagementHQ is compliant with version 2.1 of the Web Content Accessibility
Guidelines (WCAG 2.1) to Level AA standards.
An independent third party carries out a comprehensive Accessibility audit of
EngagementHQ once a quarter. Results of the latest audit are available upon
request.
While the guidelines set out in WCAG 2.1 recognize that it is not possible to
conform for some types of content, we have undertaken a commitment to
continually work on this and leverage new technology to further improve
accessibility.
We do this by keeping up to date with the latest advances in accessibility
techniques and acting on recommendations from the quarterly audits. We also
treat any issues identified by clients or participants as a matter of urgency and
remain responsive to address the issues.
Device Compatibility
EngagementHQ is designed for small and large screen sizes, providing an
accessible and full functionality experience for the community from mobile
phones, tablets, and desktop devices. EngagementHQ supports the full range of
major browsers including:
• Microsoft Edge and Internet Explorer (IE) 11
• Chrome 40 and above
• Firefox 35 and above
• Safari 7 and above
Thank you for
your consideration!
970-748-4055 swright@avon.org
970-300-4373 pwisor@garfieldhecht.com
TO: Honorable Mayor Smith Hymes and Council Members
FROM: Paul Wisor, Town Attorney; Scott Wright
Assistant Town Manager and Finance Director
RE: Ordinance 20-09 – Amendment to Section 3.08 of the AMC
To Provide for the Collection of Taxes on Remote Sales
DATE: August 4, 2020
SUMMARY: Ordinance 20-09 is provided to Council in order to assure the Town can collect sales taxes
through a newly established statewide portal, and do so in compliance with certain standards set forth in a
recent Supreme Court case.
BACKGROUND: In 2018, the United States Supreme Court issued its opinion in South Dakota v. Wayfair,
holding states may impose taxes on sales made by sellers without a physical presence in the state in which
the tax was imposed. The Court reasoned such a tax is permissible so long as the taxing system is not overly
burdensome on the out-of-state sellers.
In response to Wayfair, the Colorado General Assembly adopted, and the Governor signed, SB 19-06, which
provides for the establishment of a Sales and Use Tax Software system (“SUTS”). SUTS is an internet portal
that provides for the collection of remittance of sales and use taxes (of course, Avon does not currently have
a use tax). SUTS is intended, in light of Wayfair, to establish a less burdensome means by which sellers may
remit sales and use taxes.
In order to assure it is able to collect sales taxes imposed on out-of-state sellers without a physical presence
in Avon, the Town has entered into an agreement with the State to join SUTS.
PROPOSED ORDINANCE: In Wayfair, the Supreme Court made clear that any system that imposed sales
taxes on out-of-state sellers without a physical presence in the taxing jurisdiction could not place an undue
burden on the seller. SUTS goes a long way to easing perceived burdens on out-of-state sellers. However,
Colorado, more so than other states, has a myriad of taxing jurisdictions with a variety of approaches to the
imposition and collection of sales taxes, including statutory municipalities, special districts and self-collecting
home rule municipalities. As such, out-of-state sellers are forced to comply with hundreds of regulatory
approaches to sales tax collection.
A working group formed by the Colorado Municipal League and the Colorado Department of Revenue
determined uniformity with respect to basic provisions in sales tax ordinances would reduce the burdens on
out-of-state sellers, and therefore assure municipalities, including the Town, would be in compliance with
Wayfair when utilizing SUTS. Therefore, CML and the Department of Revenue have strongly recommended
all home rule municipalities utilizing SUTS adopt the provisions contained in Ordinance 20-09.
In order to enhance compliance with Wayfair, Ordinance 20-09 adopts certain uniform definitions:
Economic Nexus
Engaged in business in the Town
Marketplace
Marketplace facilitator
Marketplace seller
Multichannel seller
Page 2 of 2
Vendor
The ordinance also clarifies that third-party facilitators must provide for the remittance of taxes owed by out-
of-state sellers.
FINANCIAL CONSIDERATIONS: Adoption of Ordinance 20-09 will not result in additional Town
expenditures.
RECOMMENDATION: Staff recommends approval of Ordinance 20-09.
PROPOSED MOTION: “I move to approve on Second Reading Ordinance 20-09, amending Chapter 3.08 of
the Avon Municipal Code to provide for the collection of taxes on remote sales.”
Thank you, Paul and Scott
ATTACHMENTS:
Exhibit A – Ordinance 20-09
Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020
Page 1 of 6
ORDINANCE NO. 20-20-09
AMENDING SECTION 3.08 OF THE AVON MUNICIPAL CODE TO PROVIDE FOR
THE COLLECTION OF TAXES ON REMOTE SALES
WHEREAS, the Town of Avon, Colorado, (the “Town”), is a home rule municipality, organized
and existing under Article XX, Section 6 of the Colorado Constitution; and
WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to enact,
administer and enforce sales taxes is clearly within the constitutional grant of power to the Town and is
necessary to raise revenue with which to conduct the affairs and render the services performed by the
Town; and
WHEREAS, pursuant to such authority, the Town has adopted and enacted a Sales Tax Code
(the “Code”), under which Town sales tax is levied on all sales and purchases of tangible personal
property or taxable services at retail unless prohibited, as applicable to the provision of this Ordinance,
under the Constitution or laws of the United States; and
WHEREAS, the United States Supreme Court in South Dakota v. Wayfair, 138 S.Ct. 2080
(2018), overturned prior precedent and held that a State is not prohibited by the Commerce Clause of the
United States Constitution from requiring a retailer to collect sales tax based solely on the fact that such
retailer does not have a physical presence in the State (“Remote Sales”); and
WHEREAS, based upon such decision, the retailer’s obligation to collect Remote Sales is no
longer based on the retailer’s physical presence in the jurisdiction by the Constitution or law of the United
States, and the Code needs to be amended to clearly reflect such obligation consistent with said decision;
and
WHEREAS, the delivery of tangible personal property, products, or services into the Town relies
on and burdens local transportation systems, emergency and police services, waste disposal, utilities and
other infrastructure and services; and
WHEREAS, the failure to tax remote sales creates incentives for businesses to avoid a physical
presence in the State and its respective communities, resulting in fewer jobs and increasing the share of
taxes to those consumers who buy from competitors with a physical presence in the State and its
municipalities; and
WHEREAS, it is appropriate for Colorado municipalities to adopt uniform definitions within
their sales tax codes to encompass marketplace facilitators, marketplace sellers, and multichannel sellers
that do not have a physical presence in the Town, but that still have a taxable connection with the Town;
WHEREAS, the goal of adopting this ordinance is to join in on the simplification efforts of all
the self-collecting home rule municipalities in Colorado; and
Exhibit A
Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020
Page 2 of 6
WHEREAS, this ordinance provides a safe harbor to those who transact limited sales within the
Town; and
WHEREAS, absent such amendment, the continued failure of retailers to voluntarily apply and
remit sales tax owed on remote sales exposes the municipality to unremitted taxes and permits an
inequitable exception that prevents market participants from competing on an even playing field; and
WHEREAS, the Town adopts this ordinance with the intent to address tax administration, and, in
connection with, establish economic nexus for retailers or vendors without physical presence in the State
and require the retailer or vendor to collect and remit sales tax for all sales made within the marketplace.
NOW, THEREFORE, 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 by reference
and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Section 3.08.010 - Words and phrases defined. The following
definitions contained in Section 3.08.010 are hereby amended to read as follows with strike out indicating
language to be deleted and underline indicating language to be adopted:
Economic Nexus means the connection between the Town and a person not having a physical nexus with
the State of Colorado, which connection is established when the person or marketplace facilitator makes
retail sales into the Town, and:
a.In the previous calendar year, the person, which includes a marketplace facilitator, has made
retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c); or
b. In the current calendar year, 90 days has passed following the month in which the person, which
includes a marketplace facilitator, has made retail sales into the state exceeding the amount
specified in C.R.S. § 39-26-102(3)(c).
This definition does not apply to any person who is doing business in this state but otherwise applies to
any other person.
Engaged in Business in the Town means performing or providing services or selling, leasing, renting,
delivering or installing tangible personal property, products, or services for storage, use or consumption,
within the Town. Engaged in Business in the Town includes, but is not limited to, any one (1) of the
following activities by a person:
a.Directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse,
or other place of business within the taxing jurisdiction;
b. Sends one (1) or more employees, agents or commissioned salespersons into the taxing
Exhibit A
Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020
Page 3 of 6
jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its
products, or for demonstration or other reasons;
c.Maintains one (1) or more employees, agents or commissioned sales persons on duty at a location
within the taxing jurisdiction;
d. Owns, leases, rents or otherwise exercises control over real or personal property within the taxing
jurisdiction;
e.Makes more than one delivery into the taxing jurisdiction within a twelve-month period; or
f.By any means other than a common carrier Makes retail sales sufficient to meet the definitional
requirements of economic nexus as set forth in this section
Marketplace means a physical or electronic forum, including, but not limited to, a store, a booth, an
internet website, a catalog, or a dedicated sales software application, where tangible personal property,
taxable products, or taxable services are offered for sale.
Marketplace Facilitator
a.Means a person who:
(1) Contracts with a marketplace seller or multichannel seller to facilitate for consideration,
regardless of whether or not the consideration is deducted as fees from the transaction, the sale of the
marketplace seller’s tangible personal property, products, or services through the person’s
marketplace;
(2) Engages directly or indirectly, through one or more affiliated persons, in transmitting or
otherwise communicating the offer or acceptance between a purchaser and the marketplace seller or
multichannel seller; and
(3) Either directly or indirectly, through agreements or arrangements with third parties, collects
payment from the purchaser on behalf of the seller.
b.Marketplace Facilitator does not include a person that exclusively provides internet advertising
services or lists products for sale, and that does not otherwise meet this definition.
Marketplace Seller means a person, regardless of whether or not the person is engaged in business in the
Town, which has an agreement with a marketplace facilitator and offers for sale tangible personal
property, products, or services through a marketplace owned, operated, or controlled by a marketplace
facilitator.
Multichannel Seller means a retailer that offers for sale tangible personal property, commodities, or
services through a marketplace owned, operated, or controlled by a marketplace facilitator, and through
other means.
Retailer or Vendor means any person selling, leasing, renting, or granting a license to use tangible
personal property or services at retail. Retailer shall include, but is not limited to, any:
Exhibit A
Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020
Page 4 of 6
a.Auctioneer;
b. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of
or obtains such property or services sold from a dealer, distributor, supervisor or employer;
c.Charitable organization or governmental entity which makes sales of tangible personal property
to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift
or donation or that the proceeds are to be used for charitable or governmental purposes;
d. Retailer-contractor, when acting in the capacity of a seller of building supplies, construction
materials, and other tangible personal property.;
e.Marketplace facilitator, marketplace seller, or multichannel seller.
Section 3. Amendment to Section 3.08.020 – Sales tax levy. Section 3.08.020 is hereby amended
by the addition of the following new subsection (5):
(5) Upon the purchase price paid or charged upon all marketplace sales
(a)
(1) A marketplace facilitator engaged in business in the Townis required to collect and
remit sales tax on all taxable sales made by the marketplace facilitator, or facilitated by
it for marketplace sellers or multichannel sellers to customers in the Town, whether or
not the marketplace seller for whom sales are facilitated would have been required to
collect sales tax had the sale not been facilitated by the marketplace facilitator.
(2) A marketplace facilitator shall assume all the duties, responsibilities, and liabilities
of a retailer or vendor as defined by Section 3.08.010. Marketplace facilitators shall be
liable for the taxes collected from marketplace sellers or multichannel sellers. The
Town may recover any unpaid taxes, penalties, and interest from the marketplace
facilitator that is responsible for collecting on behalf of marketplace sellers or
multichannel sellers.
(3) The liabilities, obligations, and rights set forth under this article are in addition to
any duties and responsibilities of the marketplace facilitator has under this article if it
also offers for sale tangible personal property, products, or services through other
means.
(4) A marketplace seller, with respect to sales of tangible personal property, products,
or services made in or through a marketplace facilitator’s marketplace, does n ot have
the liabilities, obligations, or rights of a retailer under this article if the marketplace
seller can show that such sale was facilitated by a marketplace facilitator:
a. With whom the marketplace seller has a contract that explicitly provides
that the marketplace facilitator will collect and remit sales tax on all sales
subject to tax under this article; or
b. From whom the marketplace seller requested and received in good faith a
certification that the marketplace facilitator is registered to collect sales tax and
will collect sales tax on all sales subject to tax under this article made in or
through the marketplace facilitator’s marketplace.
(5) If a marketplace seller makes a sale that is not facilitated by a licensed marketplace
facilitator in a marketplace, the marketplace seller is subject to all of the same
licensing, collection, remittance, filing and recordkeeping requirements as any other
retailer..
Exhibit A
Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020
Page 5 of 6
(b) Auditing. With respect to any sale, the Town shall solely audit the marketplace facilitator for sales
made by marketplace sellers or multichannel sellers but facilitated by the marketplace. The Town will
not audit or otherwise assess tax against marketplace sellers or multichannel sellers for sales
facilitated by a marketplace facilitator.
Section 4. No retroactive application. No obligation to collect the sales and use tax
required by this article may be applied retroactively. Responsibilities, duties and liabilities
described in Section 5(a) of a marketplace facilitator, marketplace seller, or multichannel seller
begin upon licensure or when the municipal sales taxes were first collected from taxable sales
made to retail customers prior to licensure.
Section 5. 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 6. Effective Date. This ordinance shall become effective on the first day of the
month that is at least thirty (30) days after date of its adoption.
Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Exhibit A
Ord 20-09 AMENDING CODE SECTION 3.08 – August 11, 2020
Page 6 of 6
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on July 28, 2020 and setting such public hearing for August 11, 2020 at the Council
Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on August 11, 2020.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
Exhibit A
970-748-4034 rmckenner@avon.org
970-748-4118 gpadilla@avon.org
970-300-4373 pwisor@garfieldhecht.com
TO: Honorable Mayor Smith Hymes and Council Members
FROM: Paul Wisor, Town Attorney; Robert McKenner, IT Manager;
Gary Padilla, Director of Public Works
RE: Ordinance 20-10 – Amendment to Section 12.04.380
of the Avon Municipal Code to Require the Installation of
Conduit in Public Streets
DATE: August 4, 2020
SUMMARY: Ordinance 20-10 is provided to Council in order to grant authority to the Town Manager and
Director of Public Works to require the installation of conduit in connection with the issuance of a street
excavation permit.
BACKGROUND: As a general matter, installing high-speed fiber-optic infrastructure is incredibly expensive.
A Federal Highway Administration report estimates up to 90 percent of this cost was tied up in the process
of actually digging up roadways rather than the fiber lines themselves.
As a result, many municipalities have pursued the concept of future-proofing public rights-of-ways during
road construction projects. This concept, referred to as “Dig Once,” mandates the inclusion of broadband
conduit —flexible plastic pipes which can be used to more easily install fiber-optic communications cable—
during the construction of any road, so fiber and broadband can be installed with greater ease in the future.
This practice effectively eliminates the need to dig up recently-paved roads to expand broadband
infrastructure, significantly reducing the cost of building out internet access.
PROPOSED ORDINANCE: Ordinance 20-10 would codify the Dig Once policy articulated above. It would
require permittees to place conduit in the right-of-way and under public street streets as a condition of street
cut permits where construction/digging into the right of way is necessary. The Town Manager or Director of
Public Works is empowered to impose requirements for such installation, and place conditions of the permits
they deem necessary and appropriate. Ordinance 20-10 also empowers the Town Manager and Director or
Public Works to adopt whatever regulations it may deem necessary to implement and enforce the provisions
of the ordinance.
FINANCIAL CONSIDERATIONS: Adoption of Ordinance 20-10 will not result in additional Town
expenditures.
RECOMMENDATION: Staff recommends approval of Ordinance 20-10.
PROPOSED MOTION: “I move to approve on Second Reading Ordinance 20-10, amending Section
12.04.380 of the Avon Municipal Code to require the installation of conduit in public streets .”
Thank you, Paul Robert and Gary
ATTACHMENTS:
Exhibit A – Ordinance 20-10
Ord 20-10 AMENDING CODE SECTION 12.04.380 – August 11, 2020
Page 1 of 4
ORDINANCE NO. 20-10
AMENDING SECTION 12.04.380 OF THE TOWN MUNICIPAL CODE TO REQUIRE
THE INSTALLATION OF CONDUIT IN PUBLIC STREETS
WHEREAS, the Town of Avon, Colorado (“Town”) is a Colorado home rule
municipality with all the powers granted to it under its home rule charter and to all municipalities
under the laws of the State of Colorado; and
WHEREAS, such powers include regulating the use of and construction within Town-
owned streets and rights-of-way; and
WHEREAS, as stated in Section 12.04.010 of the Town Municipal Code (“Code”), work
within the public ways must be regulated in the interest of the public health, welfare and safety
for the protection of the people of the Town and of all persons using or relying upon the public
ways of the Town; and
WHEREAS, to ensure that the infrastructure needed to provide telecommunication,
broadband, and other similar services to residents of the Town is available and to facilitate the
Town’s ability to provide those services, it is desirable that empty conduit be installed in Town
streets when they are otherwise opened in connection with public or private construction in
Town rights-of-way; and
WHEREAS, the Town Council finds that having the ability to require the installation of
empty conduit in public streets will promote the health, safety and general welfare of the Avon
community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that
the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, 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. Amendment. Section 12.04.380 of the Town Code is hereby amended to include
a new subsection, which subsection shall be known as 12.04.380(14) and provide as follows:
Exhibit A
Ord 20-10 AMENDING CODE SECTION 12.04.380 – August 11, 2020
Page 2 of 4
(14) Conduit. As a condition of performing work in a public way and obtaining a
permit for the same as provided in this Chapter, the Town Manager or Director of Public Works
may require the installation of empty shadow conduit with tracer wire and associated
infrastructure at the cost and expense of the permit holder. The Town Manager or Director of
Public Works has the discretion to require the installation of such conduit when a permit is
issued for the following:
a.A pit, trench, hole, opening, digging or excavation across the entire paved width of a
roadway;
b. A pit, trench, hole, opening, digging or excavation of 100 feet or more parallel to a
roadway; or
c.Any other pit, trench, hole, opening, digging or excavation that provides a similar
opportunity to install shadow conduit.
The Town Manager or Director of Public Works may adopt permit application forms, procedures
and criteria which are not inconsistent with this Section 12.04.380. The security posted for a
permit issued under this Chapter will not be returned until a shape file compatible with ARC GIS
noting the location(s) of the shadow conduit is provided to the Director of Public Works. Conduit
specifications must comply with the Town’s Public Works Manual, as may be amended from
time to time, and/or as may be approved by the Director of Public Works. The minimum conduit
size must be two inches in diameter, and it is within the Town Manager or Director or Public
Works’ discretion to require larger diameters.
Section 3. 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. 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.
Exhibit A
Ord 20-10 AMENDING CODE SECTION 12.04.380 – August 11, 2020
Page 3 of 4
Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Exhibit A
Ord 20-10 AMENDING CODE SECTION 12.04.380 – August 11, 2020
Page 4 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on July 28, 2020, and setting such public hearing for August 11, 2020, at the
Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way,
Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on August 11, 2020.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
Exhibit A
970-748-4045 jhildreth@avon.org
TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer
RE: Notice of Award – Avon Road Storm Water Quality
Improvements Project
DATE: August 6, 2020
SUMMARY: Staff requests Council authorization to issue Notice of Award for construction of the Avon
Road Storm Water Quality Project as approved in the Town of Avon 2020 Capital Projects Fund.
DISCUSSION: The Avon Road Storm Water Quality Project generally consists of the installation of two
underground vaults which collect sediment and trash before discharging storm water into the Eagle River.
The current Avon Road storm sewer system runs on both sides of Avon Road and does not include storm
water treatment before discharging into the Eagle River. The environmental section the Town of Avon
Strategic Plan includes the installation of the vaults as a priority. The east vault will be located adjacent to
the Christy Sports parking lot and the west vault will be located near 30 West Benchmark Road.
Staff advertised the Project for (3) weeks on the Town website, local newspapers, and on Bidnetdirect.com.
The Bid Opening was held on July 30th and 8 bids were received:
Schofield Excavation, Inc. $249,010.45
Frontier Environmental Services, LLC $399,767.00
Gould Construction, Inc. $317,237.32
Ewing Trucking & Construction, LLC $349,776.50
Phoenix Industries, LLC $332,772.63
RA Nelson, LLC $436,017.50
United Companies $331,618.45
Mueller Construction Services, Inc. $600,772.00
Staff recommends issuance of the Notice of Award to the low bidder, Schofield Excavation, Inc.
(“Schofield”). Schofield is based in Gypsum, CO and has worked successfully for the Town and most
recently worked on the Avon Apartments project and the Edwards Spur Road widening.
CONSTRUCTION SCHEDULE: The current schedule is to complete the project by the November 15,
2020 but this is a tight schedule. The lead time for the two water quality vaults is 10 to 12 weeks and any
delay will result in the project being constructed in spring 2021.
FINANCIAL CONSIDERATIONS: The current Capital Projects Fund (“CPF”) budget includes $210,000 for
the east vault in 2020, $23,000 to design the west vault and $230,000 for the west vault in 2021. As part of
the next budget amendment, $78,036.65 will have to be moved from the 2021 budget to the 2020 budget.
The Schofield bid will result in a reduction of appropriated CPF expenses in the amount of $151,963.35,
which can be returned to the fund balance.
Page 2 of 2
The Project cost estimate is shown in Table 1 below and includes 10 % contingency.
Table 1: Avon Road Storm Water Repairs Project Budget
Available Funds in 2020 and 2021 Budget: $463,000
Construction Cost $249,010.45
Contingency (10%) $ 24,901
Construction Administration Services $ 10,000
Design Services $ 27,125
Total $311,036.45
Reduction of Appropriated Project Expenses: $151,963.55
RECOMMENDATION: This project will substantially reduce stormwater run-off water quality impacts to the
Eagle River from Avon Road. Council has supported and planned for this project for several years in the
CPF. I recommend Council authorization to award the Avon Road Storm Water Quality Project contract to
the low bidder, Schofield, in the amount of $249,010.45.
PROPOSED MOTION: “I move to authorize issuance of the Notice of Award for the Avon Road Storm
Water Quality Project contract to the low bidder, Schofield, in the amount of $249,010.45 and in the next
CPF budget amendment increase the 2020 CPF budget line item by $78,036.36.”
Thank you, Justin
970.748.4034 rmckenner@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Robert McKenner, I.T. Manager
RE: 5G Wireless Safety and Legal Review
DATE: August 5, 2020
SUMMARY: In 2019 mobile phone company started the mass roll out of fifth generation (5G) of wireless
communications. 5G has the potential of increasing data transmission rates ten -fold over the older 4G
wireless technology (What 5G means for our health). With the introduction of any technology that transmits
radio waves there is concern of possible health effects created by the technology. Although 5g is a new
technology, to date, and after much research performed, no adverse health effect has been causally linked
with exposure to wireless technologies. Health-related conclusions are drawn from studies performed
across the entire radio spectrum but, so far, only a few studies have been carried out at the frequencies to
be used by 5G (5G mobile networks and health).
Prior to the rollout of 5G the mobile companies lobbied with Federal and State legislation to set regulations
on what local municipalities are able to manage the technology implementations.
How mobile phones work: In the most basic form, a cell phone is essentially a two-way radio, consisting
of a radio transmitter and a radio receiver. When you chat with your friend on your cell phone, your phone
converts your voice into an electrical signal, which is then transmitted via radio waves to the nearest cell
tower. The network of cell towers then relays the radio wave to your friend’s cell phone, which converts it to
an electrical signal and then back to sound again. In the basic form, a cell phone works just like a walkie -
talkie. (How Do Cell Phones Work?)
Radio waves: Cell phones use radio waves to communicate. Radio waves transport digitized voice or data
in the form of oscillating electric and magnetic fields, called the electromagnetic magnetic field (EMF). The
rate of oscillation is called frequency. Radio waves carry the information and travel in air at the speed of
light.
Cell phones transmit radio waves in all directions. The waves can be absorbed and reflected by
surrounding objects before they reach the nearest cell tower. For example, when the phone is placed next
to your head during a call, a significant portion (over half in many cases) of the emitted energy is absorbed
into your head and body. In this event, much of the cell phone’s EMF energy is wasted and no longer
available for communication. (How Do Cell Phones Work?)
The hazards of radio waves: Root of all concerns about cell phone networks is radiofrequency radiation
(RFR). RFR is anything emitted in the electromagnetic spectrum, from microwaves to x-rays to radio waves
to light from your monitor or light from the sun.
Scientists say that the most important criterion about whether any particular RFR is dangerous is whether it
falls into the category of ionizing or non-ionizing radiation. Simply put, any radiation that’s non-ionizing is
too weak to break chemical bonds. That includes ultraviolet, visible light, infrared, and everything with a
lower frequency, like radio waves. Everyday technologies like power lines, FM radio, and Wi -Fi also fall into
this range.
Dr. Steve Novella, an assistant professor of neurology at Yale and the editor of Science-Based Medicine,
understands that people generally get concerned about radiation. “Using the term radiation is misleading
because people think of nuclear weapons—they think of ionizing radiation that absolutely can cause
Page 2 of 3
damage. It can kill cells. It can cause DNA mutations.” But since non-ionizing radiation doesn’t cause DNA
damage or tissue damage, Novella says that most concern about cell phone RFR is misplaced. “There’s no
known mechanism for most forms of non-ionizing radiation to even have a biological effect,” he says. (How
Worried Should You Be About the Health Risks of 5G?)
5G: 5G has the potential 10 times faster than the previous 2G and 4G systems. The increase in data
transfer rate in in part because 5G uses the greater bandwidth available at higher frequencies (still in the
lower frequency range), including the so-called millimeter-wave (MMW) band. Because MMW do not
penetrate foliage and building materials as well as lower-frequency signals, many lower-power “small cell”
transmitters will be needed to provide effective indoor coverage. Some 5G systems will have
“beamforming” antennas that transmit signals to individual users as they move around, which means that
nonusers will have less exposure. (‘Very Low’ Risk of Unknown Health Hazards from Exposure to 5G
Wireless Networks)
Legal: In light of limitations imposed by state and federal legislation, discussed further below, the Town has
very little leeway in its ability to regulate the presence of 5G facilities. In fact, the Town, and other
municipalities throughout the country, cannot prohibit the installation of 5G infrastructure. What the Town
can, and what it has addressed in the existing code, are the design aspects of new 5G infrastructure to
minimize the visual impact that these facilities can have on the Avon community.
In 2017, the Colorado General Assembly adopted House Bill 17 -1193, which mandates the siting,
mounting, placement, construction and operation of small cell facilities and small cell networks is a
permitted use by right in any zone district. HB 17-1193 also provides telecommunication companies the
right to locate telecommunication facilities, including small cell facilities, on municipal light poles, light
standards, traffic signals and utility poles within a city right-of-way. Further, it mandated a 90 day review
period by which municipalities have to process applications for small cell facilities, and 150 day s to process
new structure or new wireless service facilities other than small cell facilities.
At the federal level, the FCC approved the Streamlining Deployment of Next Generation Wireless
Infrastructure Declaratory Ruling and Third Report and Order in 2018. The order provides municipalities
shall not prohibit or effectively prohibit installation of 5G infrastructure. The Order also limits fees local
governments are able to assess on telecommunications companies for the placement, construction or co -
location of new wireless service facilities. Additionally, the ruling provides local governments only 60 days
to evaluate applications from wireless companies to attach 5G small cells to existing structures and just 90
days to review applications for equipment on entirely new structures. These “shot clocks” effectively
prevent local governments from properly evaluating and assessing 5G deployment applications.
The FCC’s order went into effect on January 14, 2019; however, several lawsuits were filed by
municipalities across the country. Those cases have been consolidated and are under consideration by the
Ninth Circuit Court of Appeals.
For its part, Avon adopted regulations with respect to small cell facilities to comply HB 17-1193, which are
found in Chapter 12.20, which complies with the parameters set forth in the FCC Order. Chapter 12.20
sets forth an expedited permitting process for the installation of small cell fa cilities and small cell networks
within the Town of Avon's right-of-ways. Chapter 12.20 also sets forth minimum design standards and
criteria to insure that the installation of small cell facilities does not result in visual clutter or detract from the
existing and planned aesthetic design of the Town of Avon right-of-way streetscapes and that the
Page 3 of 3
installation of small cell facilities does not interfere with the existing and future use of Town of Avon right -of-
ways. Chapter 12.20 represents the extent to which the Town can regulate 5G under current law.
Some municipalities have attempted to ban 5G installation on the basis of their ability to protect public
health and the environment, but those municipalities were immediately sued by telecommunication
providers. Resolution of the cases pending before the Ninth Circuit, and then likely the Supreme Court, will
provide guidance on the Town’s ability to regulate 5G further, if at all.
References
World Health Organization, 5G mobile networks and health, 27 February 2020, accessed 8/4/2020,
<https://www.who.int/news-room/q-a-detail/5g-mobile-networks-and-health>
Nature.com, What 5G means for our health, accessed 8/4/2020,
<https://www.nature.com/articles/d42473-019-00009-7>
National Center for Biotechnology Information, Myrtill Simkó and Mats-Olof Mattsson, 5G Wireless
Communication and Health Effects—A Pragmatic Review Based on Available Studies Regarding 6 to 100
GHz, published online 9/13/2019, accessed 8/4/2020,
<https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6765906/>
Newswise.com, Wolters Kluwer, ‘Very Low’ Risk of Unknown Health Hazards from Exposure to 5G
Wireless Networks, published 6/24/2020, accessed 8/4/2020,
<https://www.newswise.com/articles/very-low-risk-of-unknown-health-hazards-from-exposure-to-5g-
wireless-networks>
Howtogeek.com, Dave Johnson, How Worried Should You Be About the Health Risks of 5G?, Updated
3/31/2020, accessed 8/4/2020,
<https://www.howtogeek.com/423720/how-worried-should-you-be-about-the-health-risks-of-5g/>
Pongcase.com, How Do Cell Phones Work?, accessed 8/4/2020 ,
<https://pongcase.com/blog/cell-phones-
work/#:~:text=In%20the%20most%20basic%20form,to%20the%20nearest%20cell%20tower.>
970.748.4059 jcurutchet@avon.org
TO: Honorable Mayor Sarah Smith Hymes and Council Members FROM: John Curutchet, Recreation Director
RE: Recreation Center Financial Update
DATE: August 5, 2020
SUMMARY: This report provides an update on the Avon Recreation Center financial outlook for 2020 and
2021 as impacted by the COVID-19 public health orders. This topic is presented as a work session to
provide an opportunity for Council members to ask questions or provide direction. Unless there is a change
in direction, Staff will continue to keep the Avon Recreation Center open with the goal to maximize public
usage while implementing all COVID-19 public health order requirements.
BACKGROUND: The Town of Avon closed all operations of the Recreation Department March 13, 2020 in
response to COVID-19 public health orders issued by Eagle County. At that time the anticipated reopening
was April 8,2020. COVID-19 continued to spread, and public health orders pushed the closure to a
nebulous, “closed until further notice”. On April 3, 2020, eight of ten full-time staff members and roughly 70
part-time staff were placed on lay off status by the Town. The layoffs were projected to continue through
May 31, 2020.
Council approved a COVID-19 Town-wide budget revision on April 7, 2020. Savings from all Departments
totaled, $820,291.00; $208,016 from personnel, $140,000 of that from Recreation Department layoffs. The
Recreation Department created other opportunities for savings through lower levels of staffing, deferring
non-essential projects and shifting some exempt status staff to non-exempt, front line duties.
The Avon Recreation Center reopened June 1, 2020 under rigid COVID-19 protocols for safety.
FINANCIAL: Implications introduced from the COVID-19 Pandemic have challenged the Recreation
Department in many ways. Implementation of the Eagle County public health orders has substantially
restricted the number of patrons that can use the Recreation Center at any given time which directly
impacts the Recreation Center revenues. At the same time the Avon Recreation Center has new and
increased costs to implement the COVID-19 safety protocols.
COVID-19 has substantially impacted the 2020 budget for the Avon Recreation Center. The proposed 2021
operational expense budget reflects a decrease of $492,627.00 over the 2020 adopted expense budget
and highlights significant expenditure cuts in personnel services from PTS wages. Also, many of our full-
time supervisor level staff will remain non-exempt to perform front line duties as we transition from a
growth-based budget to a need-based expense budget. Commodities line items have also been decreased
and non-essential equipment replacement projects have been deferred.
It has been the focus and goal to obtain 100% expense recovery in the Avon Recreation Center operations
for several years, which was more or less accomplished in recent years. A historical lookback from 2007
through 2012 illustrates that the Avon Recreation Department operated at higher levels of subsidy from the
Town than is projected for 2020, (Illustration A).
2021 Recreation Department proposed operational budget reflects expenditures of $1,388,229 and projects
revenues at $1,047,417 which amounts to a 75% expense recovery. A trend different from our operational
expense recovery of the past five years but compared to the Municipal Recreation industry, a very strong
recovery, (Illustration B). If there is a widely available vaccine in 2021 and public health orders are lifted,
970.748.4059 jcurutchet@avon.org
we would expect the Avon Recreation Center to return towards the operational expenses and revenues
experienced in recent years. The timeframe for full recovery under this scenario is too speculate to project
at this time.
Illustration A. Historical view of department expense recovery
YEAR: EXPENSE: REVENUE: %RECOVERY
2007 $2,610,660 $1,421,814 54%*
2008 $2,772,757 $1,336,761 48%*
2009 $2,983,142 $1,272,902 42%*
2010 $2,580,331 $1,215,478 47%*
2011 $2,326,601 $1,209,189 52%*
2012 $2,148,410 $1,123,163 52%*
*Operational expense budgets; debt service in a separate fund and not included here
Illustration B. 2020 and 2021 Operational budget Comparison
Year Expense
Proposed
Revenue
Projected
Expense
Amended
Revenue
Amended
Difference %
Recovery
2020 1,880,856 1,707,193 1,611,222 737,218 874,100 54%
2021 1,388,229 1,047,417 340,812 75%
OPTIONS: Staff believes that further reduction of expenses would require fewer operating hours and would
result in a greater reduction of revenues. The only option that Staff sees at this point to reduce expenses
would be to completely close the Avon Recreation Center and drain all the water to minimize the monthly
operating expenses. All revenue would be lost under this approach and the net expenses would be reduced
to the minimum Staff necessary to oversee the facility and the minimum operating expenses necessary to
prevent damage to the facility. This is a drastic approach that would create significant challenges in any
future re-opening of the Avon Recreation Center. However, if a second wave or substantial outbreak of the
coronavirus occurs this fall or winter which results in public health order that requires the closure of the
Avon Recreation Center again, this option may be unavoidable.
Thanks, John
MANAGER’S COMMENTS: John and the Avon Recreation Center Staff have met the challenges of re-
opening with the COVID-19 protocols. Due to the value of the Avon Recreation Center to the community I
recommend that operations continue as is in compliance with public health orders.
(970) 748-4001 btorres@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Brenda Torres, Town Clerk
RE: IGA 2020 Eagle County General Election
DATE: August 7, 2020
SUMMARY: The attached Intergovernmental Agreement sets forth the administration and conduct of the
November 3, 2020, Coordinated General Election. If the Town Council approves the IGA, the ballot will
include 3 Councilor seats. The IGA must be submitted to the County at least 70 days before the election, as
required by § 1-7-116(2), which is August 25, 2020 in order to participate.
BACKGROUND: The election will be administered as a coordinated mail ballot election by Eagle County
Clerk and Recorder Regina O’Brien. In my role as Town Clerk, I would serve as the designated election
official and work with the Eagle County Clerk to administer Avon’s portion of the coordinated election, acting
as the primary liaison between the Town and the County Clerk. This arrangement is outlined in the IGA, and
the Town Code Section 1.12.020.
ANALYSIS The IGA addresses such items as follows:
▪Responsibilities of County Clerk and Political Subdivision Responsibilities: section details responsibilities
for both election officials
▪Costs: This Section estimates election costs on a prorated basis based primarily on the number of ballot
issues, active voters, and/or items to be included on the ballot for each political subdivision. On average
election costs have been around $2,500 with presidential elections typically see higher voter turnout and
related higher costs. The Town has budgeted $2,500 for the election.
▪Call and Notice: This section details who is responsible for the election publication
▪Ballot Certification: This section details the town’s role in submitting the ballot text to the county
▪Preparation of Voter Lists: This section details the exchange of the voter lists
▪Tabor Notice: This section details responsibility with regard to the Tabor notices
▪Street Locator List: This section details that the town is to provide an accurate street listing to the county
▪Election Judges: This section details that the county manages the appointment and training of the judges
▪Canvass of Votes: This section details the role of the county in the canvassing of the votes
▪Cancellation: This section details that the town will notify the county if the election is cancelled
There are several exhibits to the agreement including a timeline, street and locator list.
PROPOSED MOTION: I move to approve the Eagle County Intergovernmental Agreement for the November
3, 2020 Eagle County General Election.
Thank you,
Brenda Torres.
ATTACHMENTS: Eagle County Intergovernmental Agreement for November 3, 2020 General Election.
Eagle County 2020 General Election IGA Page 1
Intergovernmental Agreement
Between the Eagle County Clerk and Recorder and
______________________
Concerning Tuesday, November 3, 2020 General Election
THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and
____________________________________ concerning the Tuesday, November 3, 2020 General
Election is made on _______________________.
RECITALS
WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official
for the General Election, and in accordance with state law, will conduct the General Election on behalf
of all participating political subdivisions having jurisdiction within the boundaries of Eagle County; and
WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the
General Election to enter into an agreement with the Clerk concerning the conduct of the General
Election, to be signed no later than 70 days prior to the scheduled election; and
WHEREAS, the Political Subdivision intends to submit a ballot issue at the General Election; and
WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and
memorialize their agreement with respect to the conduct of the General Election.
NOW THEREFORE, in consideration of the above premises and the promises contained herein, the
parties agree as follows:
I. Coordinated and Designated Election Officials
A. Except as otherwise provided in this section, the Eagle County Clerk and Recorder (“Clerk”) shall
act as the Coordinated Election Official for the conduct of the Election for the Political
Subdivision for all matters in the Uniform Election Code which require action by the
Coordinated Election Official.
Eagle County 2020 General Election IGA Page 2
B. The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the
primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be
deemed or construed to relieve the Clerk or the Governing Body of the Political Subdivision
from their official responsibilities for the conduct of the Election.
C. Jurisdictional Limitation
This Agreement shall apply only to the portion of the Political Subdivision within the boundaries
of Eagle County.
D. Clerk’s Contact Officer
The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder
(stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the
Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election.
The Contact Officer shall act under the authority of the Clerk.
II. Clerk Responsibilities
The Clerk will perform all duties in substantial compliance with applicable provisions of the Election
Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”); the Election Rules promulgated by
the Colorado Secretary of State, as amended; and policy directives of the Colorado Secretary of State, if
applicable.
A. Preparation for Election
1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix
B), listing all residential street addresses situated within the Political Subdivision’s
boundaries, as currently configured in Colorado’s statewide voter registration database
(“SCORE”).
2. The Clerk shall manage all voter registration records and correspondence.
3. The Clerk shall supply, deliver, and set-up all voting equipment and other items necessary to
conduct the Election.
4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation,
and provide election judge training in advance of the Election.
5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in
accordance with law; contract for the printing of ballots, ballot envelopes, and other printed
materials reasonably necessary to conduct the Election; and arrange for payment to the
printing vendor(s).
Eagle County 2020 General Election IGA Page 3
6. The Clerk shall publish and post a notice of election as required by 1-5-205 C.R.S. in the
Eagle Valley Enterprise, the Vail Daily, the Aspen Times Weekly, and El Montanes no later
than twenty (20) days prior to the Election.
7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and
logic and accuracy testing of Eagle County’s voting system and components in substantial
compliance with Conditions of Use applicable to Eagle County’s voting system as certified by
the Colorado Secretary of State.
B. Conduct of Election
1. The Clerk shall designate the proper number and locations of voter service and polling
centers. All voting locations will be accessible to voters with disabilities.
2. The Clerk shall provide for the security and processing of all mail ballots and for the
verification of electors’ signatures on the self-affirmation printed on the mail ballot return
envelopes.
3. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted
mail and electronic transmitted ballots from military and overseas voters in substantial
compliance with the deadlines and delivery methods mandated by applicable provisions of
federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act,
all as amended.
4. The Clerk shall conduct the required post-election risk limiting audit.
5. The Clerk shall conduct any mandatory or permissive recount.
6. The Clerk shall appoint canvas board and risk limiting audit board members, oversee the
conduct of the canvass and risk limiting audit, and certify official results of the Election.
7. The Clerk shall provide an official Certification of Election to the Political Subdivision after
the official close of the Election. Any additional Certificates of Election which are required
by law to be forwarded to another division of government shall be the responsibility of the
Political Subdivision.
8. The Clerk shall preserve all election records relating to the Election for at least twenty-five
months pursuant to 1-7-802 C.R.S.
9. The Clerk shall be the final decision maker on any substantive and procedural issues
regarding the conduct of the Election.
Eagle County 2020 General Election IGA Page 4
C. Ballot Issue Notice (“TABOR Notice”)
1. The Clerk shall prepare and mail a combined ballot issue notice in substantial compliance
with Article X, Section 20 of the Colorado Constitution (“TABOR”) and applicable provisions
of the Election Code and Election Rules. As nearly as practicable, the notice shall be in the
order the ballot issues will appear on the ballot.
2. The Clerk shall mail the ballot issue notice not less than thirty (30) days prior to the Election,
pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106 C.R.S. The Clerk
shall determine the least cost method for mailing the ballot issue notice, but at a minimum,
the ballot issue notice shall be addressed and mailed to eligible voters at each address in
Eagle County where one or more registered voters of the Political Subdivision and of any
other participating entity resides. Nothing herein shall preclude the Clerk from mailing the
TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises
from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at
the least cost.
III. Political Subdivision Responsibilities
A. Contact Liaison
1. The Political Subdivision shall identify a “Designated Election Official” (DEO) to act as a
liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be
responsible for the final approval of ballot content and TABOR Notice content. To meet
statutory and printing deadlines, the DEO shall respond to all Election-related written
correspondence, electronic correspondence, phone calls, or any other communication
from the Clerk/Contact Officer as soon as possible and no later than 12 hours from the
time of delivery by the Clerk/Contact Officer. If the DEO cannot respond within 12 hours,
an alternative official may respond on the DEO’s behalf. Failure to respond to
correspondence with 12 hours shall constitute approval allowing the Clerk to move forward.
2. The Political Subdivision has designated__________________________________________
whose mailing address is ______________________________________________________
and whose phone number is____________________________________________________
and whose email address is____________________________________________________
and whose fax number is______________________________________________________
as its DEO for the purpose of the Election.
B. Certification of Address Ranges
1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address
ranges and street names actually situated in the Political Subdivision are accurately and
completely stated in the Address Library Report attached hereto as Appendix B.
Eagle County 2020 General Election IGA Page 5
2. In connection with such Address Library Report verification and certification, the Political
Subdivision shall note any address ranges or street names within the Political Subdivision
that are inaccurately or incompletely stated in or omitted from the Address Library Report,
and certify on the Statement of Certification (Appendix C) the accuracy and completeness of
the remainder of the Address Library Report.
3. If the certification is not provided by the date specified herein, the Political Subdivision may
not participate in the Election or the Clerk may build the election on the assumption that
the Address Library Report attached hereto as Appendix B is both complete and accurate, as
the Clerk in her discretion may decide. The Political Subdivision shall deliver to the Clerk its
Statement of Certification (Appendix C) and accuracy of the Address Library Report, with
notations regarding inaccuracies and omissions by the 70th day before the election,
Tuesday, August 25, 2020.
C. Ballot Content
1. The Political Subdivision shall be solely responsible for determining whether a ballot issue,
ballot question, candidate contest, or candidate is eligible and properly certified for the
ballot.
2. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content
(candidate contests, ballot issues, and ballot questions in order) referred by the Political
Subdivision for the Election pursuant to section 1-5-203:
a. Notwithstanding any other provision of this Agreement, the Political Subdivision shall
not certify any single ballot issue or ballot question in excess of two hundred and fifty
words (inclusive of the title) unless the Clerk provides written consent in advance.
b. Such certified ballot content shall be delivered to the Clerk as an email attachment in
Word format (see section C-2-g on pg. 6 for full required formatting of ballot and TABOR
content), at the earliest possible time and in no event later than 5 p.m. on Friday,
September 4, 2020 (Appendix A), pursuant to section 1-5-203, C.R.S., as amended.
c. The political subdivision that issues certified ballot pursuant to 1-5-203, C.R.S. shall be
solely responsible for the accuracy of the information contained in the certificate. Any
error that can be corrected pursuant to 1-5-412, C.R.S. shall be corrected at the expense
of the political subdivision whose designated election official issued the incorrect
certification.
d. All ballot content certified by the Political Subdivision shall utilize the exact language
and order as such ballot content is to appear on the printed official and sample ballots
for the Election. The list of candidates/questions must be typed exactly as it is to appear
Eagle County 2020 General Election IGA Page 6
on the ballot, including correct title, order, capitalization, spelling, and punctuation.
● For candidates, specify titles of offices, the order of the names to appear for each
office, and the order of offices.
● For issues, specify the ballot title and the order of the issues (per C.R.S., Clerk
determines specific numbering on the ballot).
● If the political subdivision has a TABOR issue on the ballot, the issue text must be in
all uppercase as is dictated by law (e.g. TABOR Amendment).
Definition of Ballot Issue and Ballot Question
● “Ballot issue” means a state or local government matter arising under section 20 of
article X of the state constitution, as defined in sections 1-41-102(4) and 1-41-
103(4), respectively.
● “Ballot question” means a state or local government matter involving a citizen
petition or referred measure, other than a ballot issue.
Ballot Issues or Questions Vote Choice Options
● Yes/For or YES/FOR (capitalize for TABOR ballot issues)
● No/Against or NO/AGAINST (capitalize for TABOR ballot issues)
e. The Political Subdivision has the responsibility to proofread and edit the text of the
ballot proof before the Clerk will authorize printing of the ballots. From the time the
Clerk delivers via email the ballot proof, the Political Subdivision has 12 hours to
proofread, correct if necessary, sign, and return the proof to the Clerk . The Political
Subdivision’s failure to disapprove and correct errors within that time shall constitute an
approval of the ballot proof. After final approval of the ballot text, the Political
Subdivision assumes all responsibility and cost for any judicial proceedings related to
any errors within the text of their issue, question, or contest on the printed ballots.
f. The Political Subdivision authorizes the Clerk to correct typographical errors and
omissions and determine the appropriate ballot question number or letter upon
designation of the ballot number or letter by the Clerk.
g. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact
Officer in conformance with the following formatting guidelines:
● Software: Microsoft Word '03 or later (not PDF)
● Spacing: Single
● Font Type: Arial Narrow
● Font Size: 8 point
● Justification: Left
Eagle County 2020 General Election IGA Page 7
● All Margins: 0.5 inches
● Language: English (Spanish translation encouraged)
● Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and
stacey.jones@eaglecounty.us
Submissions not meeting these requirements will be rejected by the Clerk.
h. The Designated Election Official (DEO) for a county, municipality, school district, or
special district office must provide an audio recording of each candidate’s name. The
DEO or candidate may leave an audio recording of the candidate’s name, exactly as
certified for the ballot, on the voicemail of the Clerk (970-382-8783) or Contact Officer
(970-328-8726). This audio recording must be provided no later than the deadline to
certify ballot content, Friday, September 4, 2020.
D. Ballot Issue Notice (“TABOR Notice”)
1. The Political Subdivision shall receive, store and prepare TABOR Notice content according to
the provisions set forth in Article X, Section 20 of the Colorado Constitution (TABOR
Amendment) and 1-7-901, 1-7-902, 1-7-903, 1-7-904, and 1-7-908 C.R.S.
2. The DEO shall transmit via email the summaries, fiscal information, and any other required
material to the Clerk no later than forty-three (43) days, Monday, September 21, 2020
(Appendix A) before the Election in final written form in accordance with the formatting
guidelines for ballot certification (see formatting bullet points listed above). Submissions
not meeting these requirements will be rejected by the Clerk.
3. The Political Subdivision shall incorporate in its TABOR Notice content a local office address
and telephone number specific to the Political Subdivision or the Political Subdivision DEO
to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all
correspondence and inquiries that the Clerk receives within its expertise relating to election
procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues,
ballot questions, candidates, or the operations of the Political Subdivision to the Political
Subdivision’s DEO.
4. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR
Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time
the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has 12 hours
to proofread, correct if necessary, sign, and return the proof to the Clerk . The Political
Subdivision’s failure to disapprove and correct errors within that time shall constitute an
approval of the TABOR Notice proof. After final approval of the TABOR Notice proof, the
Political Subdivision assumes all responsibility and cost for any judicial proceedings related
to any errors within the text of their issue or information presented on the TABOR Notice.
Eagle County 2020 General Election IGA Page 8
E. Cancellation of Election
1. In the event that the Political Subdivision resolves not to hold the Election, notice of such
resolution shall be provided to the Clerk immediately. The Political Subdivision shall not
cancel its participation in the Election after the twenty-fifth (25) day before the election,
Friday, October 9, 2020 (Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended.
2. The Political Subdivision shall provide notice by publication of the cancellation of the
Election and a copy of the notice shall be posted in the Office of the Clerk, in the office of
the Designated Election Official, in the primary building of the Political Subdivision, and, if
the Political Subdivision is a special district, in the office of the division of local government.
The Political Subdivision is responsible for delivering such postings to each entity.
3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the
date that notice was received by the Clerk together with all expenses incurred thereafter
which could not be avoided by reasonable effort. All costs incurred or contracted for by the
Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed
by the Political Subdivision.
4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full
actual costs of the activities of the Clerk relating to the Election incurred both before and
after the Clerk’s receipt of such notice.
F. Other Responsibilities
1. The Political Subdivision shall exercise all reasonable diligence, care, and control in
providing these services to the Clerk.
2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic
and accuracy testing, post-election canvass, and risk limiting audit as requested by the
Clerk.
3. The Political Subdivision shall give assistance and information to the Clerk on any matter to
ensure the smooth and efficient operation of the Election (such information not to include
legal advice).
4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are
necessary or appropriate to the performance of the above duties.
5. The Political Subdivision shall follow the additional responsibilities in which non-resident
property owners may be eligible to vote as set forth in Appendix D hereto.
Eagle County 2020 General Election IGA Page 9
IV. Miscellaneous
A. Costs
1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the
Election, including but not limited to costs incurred for supplies, printing, ballot insertion
and mailing, legal and other notices, temporary labor, compensation of election judges,
overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the
Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision
general estimates of cost but such estimates are not binding. The Political Subdivision is
responsible for the pro rata share of actual costs as determined by the Clerk.
2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses
reasonably incurred in connection with the preparation, printing, labeling, postage, and
mailing for the ballot issue notice. Said expenses shall be prorated among all Political
Subdivisions participating in the ballot issue notice.
3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct
costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to
remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely
perform any of its obligations under this Agreement, without regard to whether Political
Subdivision rescinds its intent to participate in the Election.
4. In the event an interested party is not liable for payment of costs incurred in connection
with a mandatory or permissive recount of, or election contest relating to, one or more
candidate contests, ballot issues or ballot questions certified by the Political Subdivision, the
Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by
the Clerk to conduct or participate in any such recount or ballot contest. If more than one
political subdivision participating in the Election is involved in any such recount or election
contest, the costs thereof shall be prorated between the Political Subdivision and such
other participating entities.
5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings
regarding whether or not issues legally belong on the ballot and any other challenges, both
pre- and post-election, relating to the question of the Political Subdivision.
6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s
pro rata share of direct and indirect costs incurred in connection with the Political
Subdivision’s participation in the Election within ninety (90) days after the Election.
7. The minimum charge for coordinating the Election with the Clerk for coordinating entities
with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for
coordinating entities with 301 or more active voters on Election Day shall be $1000.00.
Eagle County 2020 General Election IGA Page 10
8. In addition, there will be a surcharge for coordination and administration of non-resident,
property owner ballot mailing of $1000.00.
9. The Political Subdivision shall remit all payments due to the County upon receipt of an
itemized statement by February 26, 2020 (Appendix A).
B. Indemnification
To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold
harmless the County, its officers and employees, from any and all losses, costs, demands, or actions
arising out of or related to any actions, errors or omissions of the Political Subdivision in completing
its responsibilities relating to the Election and related tasks.
C. Reasonable Care
The County and its employees, agents, representatives, or other persons acting under the direction
or control of the County shall use reasonable care in carrying out their obligations under this
Agreement.
D. Notices
Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are
deemed to have been received and to be effective:
● three days after they have been mailed by certified mail, return receipt requested to the
address as set forth below; or
● immediately upon hand delivery to Regina O’Brien, Clerk; or
● immediately upon receipt of confirmation that a fax or e-mail was received.
To Clerk: Regina O’Brien
Eagle County Clerk and Recorder
P.O. Box 537
Eagle, CO 81631
Fax: 970-328-8716
Email: regina.obrien@eaglecounty.us
To Political Subdivision:
fax: ________________________________________________
email: ______________________________________________
Eagle County 2020 General Election IGA Page 11
Time is of the Essence
Per 1-7-116(2) C.R.S. this Agreement must be signed and returned to Regina O’Brien, Clerk and
Recorder, seventy (70) days before the Election, Tuesday, August 25, 2020 (Appendix A).
The statutory time requirements of the Uniform Election Code and the time requirements set by
the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the
completion of the tasks required by this Agreement.
In witness whereof, the Parties hereto have executed this Agreement to be effective this day:
________________________________________
(Date)
________________________________________
Designated Election Official Date
For _____________________________________
(Political Subdivision)
________________________________________
Regina O’Brien Date
Eagle County Clerk and Recorder
Eagle County 2020 General Election IGA Page 12
Appendix A
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION
While this calendar may not include all election dates, some key dates are identified for your
reference. Dates in RED are key delivery dates of information from you to the Clerk’s office.
Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines:
Friday, July 24, 2020 – 100 days prior - If by 100 days before the election, a political subdivision has taken
formal action to participate in an election that will be coordinated by the Clerk, the political subdivision shall
notify the county clerk and recorder in writing. C.R.S. 1-7-116(5), 1-1-106(5)
July 30 – August 5, 2020 – IGAs will be mailed to participating entities. IGA will include address ranges that
need to be verified and certified before or on the date the IGA is due. Political Subdivisions with property
owner ballots should also review Appendix D in the IGA and contact the Assessor’s office to secure the
particular property owner list.
Tuesday, August 25, 2020 – 70 days prior - Political subdivisions participating in the election must return
signed IGAs to the county clerk and recorder. C.R.S. 1-7-116(2). Political subdivisions must verify and certify
that all address ranges situated in political subdivision (Appendix B) are accurate and complete, note any
changes or inaccuracies, and certify no later than 70 days prior to Election (Appendix C). Please submit
sooner if possible.
Friday, September 4, 2020 – Last day for the designated election official from each political subdivision to
certify the ballot text to the county clerk and recorder as well as audio recordings of candidate names;
deadline is 5 p.m. Please submit sooner if possible. C.R.S. 1-5-203(3)(a)
Week of September 14, 2020 – Equipment and Logic and Accuracy Testing
Tuesday, September 15, 2020 – Deadline for coordinating entities with property owner ballots to certify the
military and overseas (UOCAVA) voter list to the Clerk.
Saturday, September 19, 2020 – No later than 45 days prior – Deadline to send mail ballots to military and
overseas voters (UOCAVA voters). C.R.S. 1-8.3-110(1)
Monday, September 21, 2020 – 43 days prior - Political subdivisions shall deliver the full text of any required
ballot issue notices (e.g. TABOR Notice) and pro/con statement summaries to the Clerk in order to be
included in the issue mailing. C.R.S. 1-7-904
Friday, October 2, 2020 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). C.R.S. 1-1-
106(5)
Friday, October 09, 2020 – 25 days prior - Last date for political subdivision to cancel election or withdraw
ballot issue or question C.R.S. 1-5-208(2)
Friday, October 9, 2020 – First day ballots may be mailed, except for UOCAVA voters. C.R.S. 1-7.5-
107(3)(a)(I). 24-hour ballot drop boxes open available in Avon, Edwards, Eagle, El Jebel, and Basalt.
Appendix A continued on page 2
Eagle County 2020 General Election IGA Page 13
Appendix A – Continued (page 2)
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION
Monday, October 19, 2020 – Voter Service and Polling Centers open. C.R.S. 1-5-102.9(2)
Monday, October 26, 2020 – 8 days prior - Last day to register to vote to receive a mail ballot. After this
date voters may pick up ballots in person at any Voter Service and Polling Center. C.R.S. 1-2-201(3)(b)(III)
Tuesday, November 3, 2020 – Election Day - Polls open 7 AM – 7 PM. All ballots must be in the hands of the
Clerk by 7 PM on Election Day to be counted.
Wednesday, November 25, 2020 – Deadline to certify election results. Official results will be forwarded to
political subdivisions. C.R.S. 1-10-102(1), 1-10-103(1)
Monday, February 8, 2021 – Last day for the Clerk to mail invoices to districts for their share of election
costs.
Friday, February 26, 2021 – Last day for districts to submit payment for election costs to Clerk’s office.
Eagle County 2020 General Election IGA Page 14
Appendix B
STREET LOCATOR REPORT FOR
NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION
Eagle County 2020 General Election IGA Page 15
Appendix C
STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT
FOR NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION
I, ___________________________________, as Designated Election Official
for______________________________________, (hereinafter “Political Subdivision”) do hereby certify that the
Street Locator Report provided to the Political Subdivision has been reviewed, corrections made, and to the best
of my knowledge, I believe it is a true and complete list of the addresses located within the Political Subdivision.
Designated Election Official Date
for _____________________________________
(Name of Political Subdivision)
Eagle County 2020 General Election IGA Page 16
Appendix D
PROPERTY OWNER BALLOTS – TITLE 32
This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under
Title 32) in which non-Eagle County resident property owners who are registered electors in the State of
Colorado may be eligible to vote. Property owner self-affirming oaths must be signed and returned to the
County Clerk’s Office before ballots are sent to eligible property owners.
Overview - Property Owner Ballots
Property owner ballots are special ballots that contain only those ballot contests certified by Political
Subdivisions in which owners of real and personal property (and their spouses or civil union partners) are eligible
to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1-
103(5) C.R.S.).
If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in
the political subdivision, the Clerk and Recorder will issue the voter a regular Eagle County ballot style that
contains all of the contests in which they are eligible to vote in a given election, including the ballot content
referred by the Political Subdivision.
If a person resides outside of the Political Subdivision, owns property within the political subdivision, and is
registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the
contests referred by the Political Subdivision. This ballot will be sent only after the self-affirming oath has been
returned by the voter to the County Clerk and the County Clerk has verified the voter’s eligibility in the
statewide voter registration system. The property owner ballot will be sent to the mailing or ballot mailing
address on record in the statewide voter registration system.
Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property
owner ballot.
Responsibilities of the Coordinating Political Subdivision
Street Locator Report
1. Review the Street Locator Report provided from the County Clerk and Recorder’s Office (Appendix B).
Eagle County 2020 General Election IGA Page 17
2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and
are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the
Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk
no later than 4:30 PM on Tuesday, August 25, 2020 (70 days before the election). Please submit sooner
if possible. The Political Subdivision is responsible for the accuracy of this report.
Overseas and Military Voter List
1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk.
Property Owner List
1. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office.
2. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s lists.
3. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list
to determine if there are any special district property owners on the UOCAVA list. NOTE: UOCAVA
ballots must be sent by Saturday, September 19, 2020 (1-8.3-110(1) C.R.S). It is the responsibility of the
Political Subdivision to certify the list of any UOCAVA property owners to the Clerk by Monday,
September 7, 2020 to meet the deadline referenced in section 4 (below) to ensure statutory delivery of
UOCAVA property owner ballots.
4. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format
to the County Clerk by Monday, September 7, 2020. Please submit sooner if possible. Political
Subdivision is responsible for the accuracy of this list.
5. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s
Office no later than Wednesday, October 14, 2020 (20 days before the election). This supplemental list
shall contain the names and addresses of all recorded owners who became owners no later than
Monday, October 12, 2020 (22 days prior to the election).
6. Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in
Excel format to the County Clerk by Friday, October 18, 2019. Please submit sooner if possible. Political
Subdivision is responsible for the accuracy of this list.
Responsibilities of the County Clerk and Recorder
1. After receiving the certified property owner list from the Political Subdivision, as well as the
supplemental list, prepare and send the property owner TABOR Notice to the property owner
Eagle County 2020 General Election IGA Page 18
households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be
combined with other TABOR notices or mailed separately at the discretion of the Clerk.
2. A self-affirming oath will be sent to each household that must be returned by each eligible elector (1-
13.5-202, C.R.S and 32-1-103(5), C.R.S.).
3. Upon return to the Clerk of the signed self-affirming oath, determine if the individual is a registered
voter in the State of Colorado but does not reside in the Political Subdivision.
4. Prepare and send property owner ballots to all eligible electors entitled to vote by virtue of a self-
affirmation (32-1-806, C.R.S).
5. Record each property owner ballot returned and signature verified.
6. Process ballots in the counting room.
7. Tabulate and certify results.
Jake Wolf jwolf@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Jake Wolf, Avon Town Councilor
RE: Amendments to Town Charter]
DATE: August 6, 2020
Here are the items to be pursued:
• The ability of a Councilmember to decrease their own pay
As you were aware as a 1099 employee, I was prevented from getting any assistance during this pandemic
because of the amount of income I received from the town totaled more than $2,499.99. A councilor should
be able to decrease their pay to that level or any level he/she wants or simply just eliminate the income if
that’s best for that person’s finances.
• Mayor elected by the qualified electors (this may turn into a Mayor as Manager proposal)
The people should be able to choose their own mayor the way it’s set up right now is not conducive to
representative government. Furthermore, in a mayor manager situation there is more transparency among
the council and the people.
• Provide non-resident property owners may vote and serve on Council. It has come to my attention
that other Municipalities allow people that owned property to be able to run for council. I would add to that,
that if the person owns a business in the town and works there full-time that person should be able to run
for council. It should be somebody that also lives in the Valley and is here full-time.
• Provide an additional position (other than Manager, Town Attorney and Judge) reports directly to
Council
Prior to me getting on Council the position of the clerk was something that the council over saw. I believe
with that level of position there would be more transparency between the council and the staff.
Thank you, Jake
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order
at 5:02 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra
Underwood, Jake Wolf, Scott Prince, Chico Thuon, and Jennie Fancher. Also present were Town Attorney
Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, and Town Clerk
Brenda Torres. Town Manager Eric Heil joined at 5:04 p.m.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:36
Mayor Smith Hymes pulled off item 6.5 Council Elections from the written reports and added it as business
item 5.0.
Councilor Underwood moved to approve the agenda as amended. Councilor Fancher seconded the motion
and the motion passed by a vote of 6 to 1. Councilor Wolf voted no.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:51
No conflicts of interest were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:02:10
Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email
for public comments.
No public comments were made.
5. BUSINESS ITEMS
5.0. PULLED WRITTEN REPORT 6.5 ELECTIONS REPORT (TOWN CLERK BRENDA TORRES)
Video Start Time: 00:03:24
Town Attorney Paul Wisor gave a brief summary about how the November 3, 2020 Elections will be
conducted. He encouraged members of the community interested in becoming an Avon Council
member to fill out their nomination petition forms, available in the afternoon of August 3rd, 2020 at
the Avon Clerk’s office. Please visit www.avon.org/elections for more information. Town Manager Eric
Heil confirmed notifications will be posted on the Town’s social media.
Mayor Smith Hymes asked for public comment and no comments were made.
5.1. PUBLIC HEARING – MAJOR DEVELOPMENT PLAN APPLICATION FOR FOUR (4) DWELLING UNITS ON LOT 6 AND LOT 7,
RIVERFRONT SUBDIVISION (TOWN PLANNER DAVID MCWILLIAMS)
Video Start Time: 00:12:17
Town Planner David McWilliams presented. Town Engineer Justin Hildreth and Pedro Campos and Jim
Telling of East West Resort Development also joined the meeting to present and answer questions
from Council. David Kaselak, the lead architect on this project, was the last one to present and
provided some insight about the plan and recapped the architecture.
Mayor Smith Hymes asked for public comment and no comments were made.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Councilor Underwood clarified the conditions proposed by the Town Planner David McWilliams. She
added, “…needs to be in collaboration with the Eagle River Water and Sanitation District Tract H” after
“A satisfactory irrigation plan” to condition #1. No changes to condition #2. Strike out “duplex 4 blue
spruce” and add “includes particularly the corner of duplex number 4“ after “realigning the Eagle
Valley Trail” on condition #3.
Councilor Underwood moved to approve the Major Development Plan application for four dwelling
units on Lot 6 and Lot 7, Riverfront Subdivision per the conditions set forth in the staff report as
amended by Councilor Underwood and the findings 1-5 as set forth in the staff report. Mayor Pro Tem
Phillips seconded the motion and the motion passed unanimously.
5.2. STRATEGIC PLAN 2ND QUARTER UPDATE (TOWN MANAGER ERIC HEIL)
Video Start Time: 01:50:40
Town Manager Eric Heil gave a summary of his second quarter report and discussed each line item of
the strategic plan. Council had several comments about the bike share program and e-bikes. Councilor
Wolf proposed to get scooters for the town.
Town Manager Eric Heil mentioned a work session is scheduled for August 25th for Council to provide
input for the 2021 strategic plan. Councilor Underwood expressed she feels that the strategic plan
needs to be changed into long-term multi-year goals. He expressed our current plan may be more of
a workplan than a strategic plan, but it has an important place at the staff level. A visionary document
can be something separate and is something that we do not currently have.
Mayor Smith Hymes called for public comments. C Crane joined the meeting to make a public
comment, but he/she had technical difficulties and was not able to connect. Staff reached out via
email to follow up but did not receive any response.
5.3. FIRST READING ORDINANCE NO. 20-09: AMENDMENT OF SECTION 3.08 OF AVON MUNICIPAL CODE TO PROVIDE FOR
THE COLLECTION OF TAXES ON REMOTE SALES (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 02:13:13
Town Attorney Paul Wisor and Finance Director Scott Wright presented and answered questions from
Council. Town Attorney Paul Wisor explained that, in order to assure the Town is able to collect sales
taxes from out-of-state retailers without a physical presence in Avon, the Town has entered into an
agreement with the State to join SUTS (Sales and Use Tax Software system). He mentioned the
language was developed by the Colorado Municipal League and the Colorado Department of Revenue
and is not subject to change, in order to be uniform throughout the state.
Mayor Smith Hymes asked for public comment and no comments were made.
Councilor Underwood moved to approve first reading of Ordinance 20-09 Amending Chapter 3.08 of
the Avon Municipal Code to provide for the collection of taxes on remote sales and set a public hearing
for second reading on August 11, 2020. Mayor Pro Tem Phillips seconded the motion and the motion
passed unanimously.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
5.4. FIRST READING ORDINANCE NO. 20-10 AMENDING SECTION 12.04.380 OF THE AVON MUNICIPAL CODE TO REQUIRE
THE INSTALLATION OF CONDUIT IN PUBLIC STREETS (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 02:25:40
Town Attorney Paul Wisor explained Ordinance 20-10 would codify the Dig Once policy, which
mandates the inclusion of broadband conduit (flexible plastic pipes which can be used to more easily
install fiber-optic communications cable) during the construction of any road, so fiber and broadband
can be installed with greater ease in the future. He mentioned Ordinance 20-10 also empowers the
Town Manager and the Public Works Director to adopt whatever regulations it may deem necessary
to implement and enforce the provisions of the ordinance.
Councilor Underwood inquired if the Town Engineer, Justin Hildreth, should be part of the review,
which Town Attorney Paul Wisor will follow up on.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Fancher moved to approve first reading of Ordinance 20-10 Amending Section 12.04.380 of
the Avon Municipal Code to require the installation of conduit in public streets and set a public hearing
for second reading on August 11, 2020. Mayor Pro Tem Phillips seconded the motion and the motion
passed 6 to 1. Councilor Wolf voted no.
5.5. APPROVAL OF MINUTES FOR JUNE 23, 2020 COUNCIL MEETING (TOWN CLERK BRENDA TORRES)
Video Start Time: 02:31:17
Councilor Underwood moved to approve the minutes from June 23, 2020 regular Council meeting.
Mayor Pro Tem Phillips seconded the motion and the motion passed by a vote of 5 to 2. Councilor
Wolf and Councilor Thuon voted no.
5.6. APPROVAL OF MINUTES FOR JUNE 30, 2020 SPECIAL COUNCIL MEETING (TOWN CLERK BRENDA TORRES)
Video Start Time: 02:32:40
Councilor Underwood moved to approve the minutes from June 30, 2020 special Council meeting.
Councilor Fancher seconded the motion and the motion passed by a vote of 5 to 2. Councilor Wolf
and Councilor Thuon voted no.
6. WRITTEN REPORTS
6.0. Upper Eagle Regional Water Authority June 25, 2020 Meeting Summary (Mayor Smith Hymes)
6.1. July 7th & July 21st Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
6.2. Monthly Financial Report (Senior Accountant Nelly Burns)
6.3. Quarterly RETT Report (Senior Accountant Nelly Burns)
6.4. Council Elections Report (Town Clerk Brenda Torres)
6.5. Town Manager Report (Town Manager Eric Heil)
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
7. MAYOR & C OUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:34:26
Mayor Smith Hymes commented about the idea of the development of a commuter line on the Union
Pacific (UP) Railroad. The issue, aside from Union Pacific approval, is funding. She had a call with Senator
Bennett's office to discuss if there is any potential for federal funding. A commuter rail line in Eagle County
has been attempted several times over the years and she will try to keep talking about it with the County.
The group is trying to get the stakeholder group involved in August to be proactive about seeing what UP
would require to make this a reality. Councilor Underwood thanked Mayor Smith Hymes for her time and
energy in these efforts.
Michael Cacioppo made a public comment about the noise of the train tracks when they were in service.
He said houses were shaking and questioned if we want that again in Eagle County.
Mayor Smith Hymes explained that if the stakeholders don’t support it, it won’t get off the ground and
there is a significant difference between freight trains versus light rails.
Councilor Thuon commented he would prefer to keep Council meetings in a virtual format with the
reemergence of COVID-19 cases.
Councilor Wolf asked when the last opportunity is to change the Town Charter. Town Attorney Paul Wisor
explained that any changes to the Charter need a first and second reading and the deadline is September
4th, so it would have to be discussed at the two Council meetings in August. He clarified what "Ranked
Choice Voting" is. Councilor Wolf believes the people should vote for the Mayor, not the Council. Mayor
Smith Hymes suggested that Councilor Wolf talks to Town Attorney Paul Wisor and Town Manager Eric Heil
if he wishes to advance these ideas for the August agendas.
8. EXECUTIVE S ESSION
Video Start Time: 02:57:43
8.1. DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS ; DEVELOPING STRATEGY FOR
NEGOTIATIONS; AND INSTRUCTING NEGOTIATORS; THE POTENTIAL PURCHASE OF REAL PROPERTY, AND CONFERENCE WITH
THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE CONCERNING A POTENTIAL COMMUNITY HOUSING
PROJECT PURSUANT TO CRS §24-6-402(4)(A), (B) AND (E).
8.2. DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS ; DEVELOPING STRATEGY FOR
NEGOTIATIONS; AND INSTRUCTING NEGOTIATORS; THE POTENTIAL PURCHASE OF REAL PROPERTY, AND CONFERENCE WITH
THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE CONCERNING A POTENTIAL PURCHASE OF
RESIDENTIAL PROPERTY FOR TOWN OF AVON EMPLOYEE HOUSING PURSUANT TO CRS §24-6-402(4)(A), (B) AND (E).
8.3. CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING POTENTIAL LEGAL
CLAIMS FOR DEDICATED PARKING PURSUANT TO CRS §24-6-402(4)(B).
8.4. CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING UPPER EAGLE RIVER
WATER AUTHORITY AND EAGLE RIVER WATER AND SANITATION DISTRICT STRUCTURE PURSUANT TO CRS §24-6-
402(4)(B).
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Mayor Smith Hymes moved to convene into Executive Session for the purpose of determining positions
relative to matters that may be subject to negotiations, developing strategy for negotiations, and
instructing negotiators, the potential purchase of real property, and conference with the Town
Attorney for the purpose of receiving legal advice concerning a potential community housing project
pursuant to CRS §24-6-402(4)(a), (b) and (e); the purpose of determining positions relative to matters
that may be subject to negotiations, developing strategy for negotiation, and instructing negotiators,
the potential purchase of real property, and conference with the Town Attorney for the purpose of
receiving legal advice concerning a potential purchase of residential property for Town of Avon
employee housing pursuant to CRS §24-6-402(4)(a), (b) and (e); the purpose of receiving legal advice
regarding potential legal claims for dedicated parking pursuant to CRS §24-6-402(4)(b), and the
purpose of receiving legal advice regarding Upper Eagle River Water Authority and Eagle River Water
and Sanitation District structure pursuant to CRS §24-6-402(4)(b). Mayor Pro Tem Phillips seconded
the motion and the motion passed by a vote of 6 to 1. Councilor Wolf voted no.
The time was 8:02 p.m.
Executive Session was hosted in a virtual format, using Zoom.us. Council members present were Tamra
Underwood, Jennie Fancher, Amy Phillips, Scott Prince, Jake Wolf, and Chico Thuon. Also present were
Town Manager Eric Heil, Town Attorney Paul Wisor, and Executive Assistant to the Town Manager
Ineke de Jong.
Executive Session started at 8:06 p.m.
Executive Session ended at 9:06 p.m.
Councilor Wolf wanted the record to reflect that he is objecting to a brief discussion with respect to
the management of time between himself and Mayor Smith Hymes which was not related to the
agenda.
9. A DJOURN
There being no further business before Counc il, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:07 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 28, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
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
PLANNING AND ZONING COMMISSION MEETING ABSTRACT
TUESDAY, AUGUST 4, 2020
1. CALL TO ORDER AND ROLL CALL
Chairperson Lindsay Hardy called the regular meeting to order at 5:02 p.m. A roll call was taken, and Planning
Commission members present were Rebecca Smith, Jared Barnes, Donna Lang, Steve Nusbaum, and Sara
Lanious. Also present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Town
Manager Eric Heil.
2. APPROVAL OF AGENDA
Action: Commissioner Barnes motioned to approve the agenda. Commissioner Nusbaum seconded the motion
and it carried unanimously 6-0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS
No conflicts or communication were disclosed.
4. CAPACITY BUILDING SEMINAR. AVON DEVELOPMENT STANDARDS OVERVIEW.
Action: David McWilliams presented Avon Development Code section 7.28 with PZC. No public comments were
taken.
5. CONSENT AGENDA
5.1. JULY 21 MEETING MINUTES
5.2. MJR20004 L63 B4 WR GARAGE
Action: Commissioner Smith motioned to approve the Consent Agenda. Commissioner Smith seconded
the motion and it carried unanimously 5-0.
6. ADJOURN
There being no further business before the Commission adjourned the meeting at 6:00 p.m.
These notes 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.
RESPECTFULLY SUBMITTED:
_________________________________
David McWilliams, Town Planner
970-748-4055 swright@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Scott Wright, Asst Town Manager / Finance Director
RE: Review of Facilities Operation Agreement between
Town of Avon and Confluence Metro District
DATE: August 6, 2020
SUMMARY: Eric has asked me to provide an overview of the Facilities Operation Agreement between the
Town of Avon (TOA) and the Confluence Metropolitan District (CMD). This is the agreement that governs
the operations and maintenance and financial contributions that the Town makes regarding the Riverfront
Gondola (Gondola) and the Public Plaza and Public Restrooms (Plaza) located between the Westin
Riverfront Hotel and Spa and the Riverfront Villas timeshare lodge. The agreement was adopted on
August 14, 2006. The agreement is perpetual in nature with no termination date, but is subject to annual
appropriation by the Town.
RIVERFRONT GONDOLA
•CMD is responsible for the operation and maintenance of the Gondola;
•TOA acknowledges that CMD may enter into a management agreement with Vail Resorts for
operation of the Gondola;
•Hours and times of operation shall be as agreed upon by CMD and TOA staff but unless otherwise
agreed to shall not be less than December 20 through April 1;
•Parties also acknowledge that Gondola operations may be closed for various reasons;
•TOA shall make annual payments of fifty percent (50%) of CMD's operating budget for the Gondola,
not to exceed $240,000 as adjusted annually by inflation.
Actual contributions for Gondola operations the past three years have totaled the following:
2017 $226,048.80
2018 $211,950.80
2019 $242,848.80
As adjusted for inflation, for 2020 the actual cap on the Gondola contribution would be $324,613. This is
based on the CPI index set at 197.7 in 2007 and 267.40 in 2019.
PUBLIC PLAZA
•The public shall enjoy a perpetual easement of use with no fee other charges for use. Open 365
days a year. Subject to reasonable hours of operation similar to other Town-owned public restrooms.
•CMD is responsible for the operation and maintenance of the Plaza;
•CMD and TOA shall cooperate in the use of the Plaza for public events such as art shows, craft fairs
and concerts;
•TOA shall make annual payments fifty percent (50%) of CMD's operating budget for the Plaza, not
to exceed $40,000 as adjusted annually by inflation.
Page 2 of 2
Actual contributions for Plaza operations the past three years have totaled the following:
2017 $35,793.88
2018 $33,820.57
2019 $34,645.46
As adjusted for inflation, for 2020 the actual cap on the Plaza contribution would be $54,102. This is based
on the CPI index set at 197.7 in 2007 and 267.40 in 2019
REDUCTION IN PAYMENTS: The agreement provides for a pro-rata reduction in TOA payments, on a
dollar-for-dollar basis, for either (1) inclusions of new property with the Avon Station/Confluence
Metropolitan Districts or (2) new development occurring either on Lot B (vacant lot Next to Avon Center) or
within the Mountain Vista Metropolitan District (Sheraton Mountain Vista).
Thank you, Scott.
ATTACHMENTS:
Exhibit A – Facilities Operations Agreement
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
(970) 748-4118 gpadilla@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Gary Padilla, Director of Public Works
RE: Richardson Ground squirrels
DATE: August 4, 2020
SUMMARY: Town has recognized the Richardson Ground Squirrel population as a nuisance in the Town of
Avon for several years. The 2020 Strategic Plan set forth goals as “Environmental: 3. Ground Squirrel:
Reduce or eliminate Richardson Ground Squirrel population. Research third party services to assist.” The
Town has had several emails and phone calls expressing concerns about the Richardson Ground Squirrel
problems at several areas in Town, including Nottingham Park, Eaglebend Drive and along the Rail Road
tracks. This report updates Council on efforts to reduce the Ground Squirrel population.
This is submitted as a written report and no current action by Council is requested
BACKGROUND: Currently, the Town of Avon has contracted Orkin Pest Control (“Orkin”) to provide
service to the properties listed below. There was some confusion with the start date this spring because
some, but not all, of our Orkin contracts were historically set-up to automatically renew each year. This did
lead to the oversight of some areas. These areas were added to our contract at the end of May for service
June through October. Staff will review and confirm that the appropriate contracts and services are in place
early in the spring so that services are rendered on a timely and effective basis.
PROPERTIES:
1 Lake Street
• South side of Nottingham Lake along dam
• West Side of Nottingham Lake along dam
Post Blvd.
• Along medians and roundabouts
Avon Road
• Along medians and roundabouts
Hurd Lane, Eaglebend Drive and Eaglebend Pocket park
• North side of roadway along trees
*Many other properties are serviced by Orkin by other departments.
CONTROL METHOD(S): Orkin is using a two-tiered bait method for control. This includes bait stations
along the most heavily used rodent “thoroughfares” as well as baiting of individual burrows at select times.
This has been a highly effective method to control numbers. Unfortunately, our Town properties are all
abutted by other properties that may not control pests. As a result, the eradication goal becomes
unfeasible, as they will continue to migrate in from surrounding areas. Species with numbers this high
should be the focus of control rather than eradication.
SPECIES BACKGROUND: The Richardson ground squirrel reaches maturity in the first year. At this point
they began to breed, have a 3 - week gestation period, and will birth a litter of 5-8. This litter has a mortality
rate around 45%, leading to exponential colony growth.
The squirrel’s function as 3 groups adding to control difficulty. The males emerge first in early spring, then
followed by females 1 to 2 months later after giving birth to their litter, followed by 1 to 2 months later by
Page 2 of 2
offspring. Ground squirrels hibernate for approximately 8 months per year and booms in population are
visible during the overlap of these three groups above ground.
2021 CONTROL PLAN: Control efforts will continue through the rest of 2020 until fall when the last of the
rodents begin to hibernate. The year 2021 will be approached aggressively with all contracts slated to
begin May 1, 2021 through the end of October, 2021.
FINANCIAL CONSIDERATIONS: There are no financial considerations at this time, payment for services
to Orkin are in the Public Works (415) Budget at $ 15,000 annually.
MANAGER’S COMMENTS: A significant portion of the Union Pacific Railroad is infested with Richardson
Ground Squirrel populations. We will contact Union Pacific to request cooperation and participation. We will
also explore the Town’s nuisance regulations and authority to abate nuisances to address adjacent
properties that may also have infestations.
Thank you,
Gary
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager
RE: Summer Events Update
DATE: August 3, 2020
SUMMARY: This is submitted as a written report and no action by Council is requested. The report
provides an update to the May 26, 2020 report on Avon’s special events program regarding cancelations,
rescheduled events, completed and future planned “un-events”; and, provides a brief snapshot of regional
event adjustments. Additionally, the report provides a re-cap of the Eagle County Public Health Order
(“PHO”) as related to event operations and the necessary adjustments during the different phases of the
PHO.
The additional cancellations are expected to result in a net additional reduction of expenses in the
amount of $107,860 since the April amendment.
BACKGROUND: There have been many events locally and regionally which have been rescheduled
and/or cancelled in recent months. In summary, the events highlighted in the list below have been
cancelled or rescheduled since the last update on May 26, 2020:
1. Cancelations:
a. Egg Hunt
b. Vail Valley Lacrosse Tournament
c. Salute to the USA
d. Pose & Paddle Battle
e. Vail Valley BrewFest in Avon
f. Triple Bypass
g. XTERRA Mountain Championship
h. Dancing in the Park
i. Flynn Creek Circus
j. Colorado Classic
k. Summer’s End Party
l. AvonLIVE! July 15th through August 26th
m. Lakeside Cinema July 17th through August 27th
2. Rescheduled:
a. Possibilities in Avon: Weekly Art Expo – moved to August 12th through September 9th
b. Avon Arts Celebration – moved from July 24th – 26th to September 11th -13th
Currently, the Avon Art Festival will take place as originally scheduled on Saturday, September 5th and
Sunday, September 6th (Labor Day weekend) in Nottingham Park instead of the Main Street Mall. This
change in venue will allow ample room to space vendor tents, provide pedestrian walkways, sanitization
stations, etc. in compliance with the current PHO.
The attached Exhibit A – Avon Events Calendar, provides an update on Avon events as of the date of this
report.
970-748-4065 ddempsey@avon.org
REGIONAL SPECIAL EVENTS UPDATE: Staff has been tracking special events in our peer communities;
Exhibit B provides a snapshot of some of these communities and the event adjustments.
UN-EVENTS: Staff was successful in launching a two small community focused music series (“un-events”),
temporary short-term art installations and permanent art installations to include but not limited to the
following:
1. The weekly SunsetLIVE! music series began on Sunday, June 28th and continues through Sunday,
September 6th SunsetLIVE! features local musicians performing in an intimate environment on the
event terrace (back of the stage) between 6:00 and 8:00 p.m.
2. Pop Up Music is a weekly music series which began on Saturday, July 11th and continues through
Sunday, September 5th. Musicians play on the Main Street Mall at Lettuce Shed Lane somewhere
between the hours of 12:00 p.m. and 5:00 p.m. for a two-hour period.
3. Temporary Short-Term Art Installations & Micro-Activations
a. Prayer Flag Project - Developed by local art teacher, Heidi Cofelice and supported by the
Town with display space in the Main Street Mall (“MSM”) and promotion through Town
social channels. Individuals create Prayer Flags with messages and mantras of inspiration,
hope and peace to infuse strength into the community. Update: Project was installed on
June 2nd and will be removed after Labor Day.
b. Faces on Trees – Staff is working with the Vail Valley Art Guild (“VVAG”) to identify a local
artist to craft eyes, nose, mouth, etc. creating a face which is then placed on selected trees
on the MSM and Nottingham Park. This is a great opportunity for surprise and delight! Update: Local artist Steve Kiene began work the week of August 3rd with completion
by Labor Day weekend.
c. Laser Images – Staff is developing a program with Mountain Man Productions to provide
images and words of inspiration, peace and patriotism. The images would be broadcast
on Friday and Saturday nights between 8:00 and 10:00 p.m. between mid-June and mid-
July. Update: The Laser Image program began Friday, June 19th and ran from
approximately 8:45 p.m. to 10:30 p.m. on the following dates:
i. Friday, June 26 and July 3
ii. Saturday, June 20, June 27, July 4, July 11 and July 18
d. NEW - Every Thursday, July 16th through August 13th between the hours of 6:00 p.m. to
9:00 p.m. Ein Prosit hosts a “Block Party” in the parking lot in front of their business
featuring live music with local musicians. The Town provided $2,000 in cash funding to
further support live music in Avon.
970-748-4065 ddempsey@avon.org
e. NEW - The final touches are being done on a Virtual Scavenger Hunt to provide the
community with a fun, family-friendly and energetic activity while learning more about
Avon’s history and “gems”. The Virtual Scavenger Hunt is currently scheduled to launch
Friday, September 4th and close Friday, September 18th.
f. NEW – Staff is working in collaboration with the Vail Valley Art Guild to identify four local
photographers to capture images which memorialize and represent "Avon in the Time of
COVID" with the goal for completion by mid-October.
The installations and activations listed above as well as others are detailed in the attached Exhibit C.
4. Permanent Short- & Long-Term Art Installations
a. Playable Music Instruments – Update: Four instruments have been ordered and will
arrive in early November for installation in Spring 2021.
b. Decorating Park Benches – Staff worked with the VVAG to identify a local artist to
decorate up to six park benches to be placed strategically in high-visual locations such
Avon Road and Avon Transit bus stops. Update: Local artist Tara Novak was engaged
for this project. Three park benches have been completed; one is placed between
Rec. Center and Library; and, two are placed on Chapel Place near the Avon Transit
bus stop. Project will be completed by September 4, 2020.
The installations listed above as well as others are detailed on the attached Exhibits D, E and F.
PUBLIC HEALTH ORDER & EVENT OPERATIONS: Staff developed a detailed Event Operations
Procedures for event operations during the Public Health Order (PHO) Phase 3 (Black Diamond Phase),
see Exhibit G. The plan detailed protocols and expectations for the following:
1. Codes of Conduct - Patrons, Staff & Artists
2. Distancing and Spacings – Seating Sections, Ingress and Egress
3. Communication – Marketing and Signage
4. Portalets – Placement, Signage and Sanitation
5. Sanitation – Public Areas, Back of House, Cleaning and Documentation
6. Security – Security, Medical, Emergency Response and Evacuation
7. Seating Diagram – 12’ Distance between Subgroups
8. Nottingham Park – Seating Section Diagram and Site Layout
970-748-4065 ddempsey@avon.org
Staff submitted and reviewed the Event Operations Procedures with the Eagle County Public Health
Department on two occasions resulting in an unofficial approval from the Eagle County Public Health
Department to proceed AvonLIVE! and Lakeside Cinema beginning on June 24th with multiple groups of
250 (Black Diamond Phase). Shortly after receiving the unofficial approval, and on June 18th, the Colorado
Department of Public Health & Environment released the “Seventh Amended Public Health Order 20-28
Safer at Home and In The Vast, Great Outdoors” which restricted the number of people at outdoor
gatherings to 175, mandated the walkways between groups be 50’ instead of 20’; and, each individual was
required to have 144 square feet of space. Staff worked collaboratively with the Eagle County Public
Health Department and on June 23rd received approval to proceed with multiple groups of 175 people with
50’ walkways. The June 24th and July 1st AvonLIVE! events were executed with these restrictions in place.
On July 8th we were able to decrease the walkways to 24’ which was compliant with the local PHO. On July
15th due to an increase in local cases and in anticipation of the PHO changing further restricting events, our
ability to execute and the safety of our community, the decision was made to cancel AvonLIVE! and
Lakeside Cinema.
FINANCIAL CONSIDERATIONS: With the continued cancellation and/or reduction of events in Avon and
in our neighboring communities, we currently anticipate an additional reduction in the events budget of
$107,860 since the April amendment. A brief summary is provided below, and the attached Exhibit H
provides an event by event breakdown of costs and savings.
Thank you, Danita
ATTACHMENTS
Exhibit A – Avon Events Calendar Update
Exhibit B – Regional Events Update
Exhibit C – Temporary Short Term
Exhibit D – Permanent Short & Long Term
Exhibit E – Park Benches Example
Exhibit F – Music Instruments
Exhibit G – Nottingham Park Event Operating Procedures
Exhibit H – Events Budget Update
Total Approved 2020 Budget 538,287.00$
April Budget Amendment Savings (311,989.00)$
Amended Approved 2020 Budget 226,298.00$
Additional Savings To Date Less Cost of Small
Events, Art & Music 107,860.00$
Total Savings To Date By Event 459,032.00$
Events Budget: Net Savings
Event Name / Date Canceled Events
Cystic Fibrosis Walk
Polar Plunge
Pavilion Terrace Salute to the USA
Pose and Paddle
Proposed Field Maintenance Vail Valley BrewFest
Flynn Creek Circus
S M T W T F S Summers End Party
1 2 3 4 Egg Hunt
5 6 7 8 9 10 11 Lacrosse
12 13 14 15 16 17 18 XTERRA
19 20 21 22 23 24 25 AvonLIVE! Beginning 7/15
26 27 28 29 30 Lakeside Cinema beginning 7/17
Colorado Disc Dogs 7/18
S M T W T F S Youth Power 365 Private Rental 8/11
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30 Town Clean Up 30
31
S M T W T F S
JUNE
EXHIBIT A
2020 Avon Calendar of Events
MAY
APRIL
Key / Legend
MSM: Main Street Mall
Nottingham Park - Main Athletic Field
Non Funded Event
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20 Lacrosse postponed to July
21 22 23 24 25 26 27 Home for Hounds Install 23; Avon Live! 24 Weekly Art Expo postponed to Aug. - Sept.
28 29 30 SunsetLIVE! 28
S M T W T F S
1 2 3 4 Avon Live! 1 Salute to the USA 3
5 6 7 8 9 10 11 Avon Live! 8; SunsetLIVE! 5; Lakeside Cinema 10; Pop-Up Music 11 Triple Bypass 11
12 13 14 15 16 17 18 The He(art) of Vail Valley Youth 12; SunsetLIVE! 12; Pop-Up Music 18
AvonLIVE! 15; Lakeside Cinema 17; XTERRA 18;
Colorado Disc Dogs 18
19 20 21 22 23 24 25 SunsetLIVE! 19; Pop-Up Music 25
AvonLIVE! 22; Lakeside Cinema 24; Special
Edition 25; Avon Arts Celebration postponed to
Sept.
26 27 28 29 30 31 SunsetLIVE! 26
AvonLIVE! 29; Lakeside Cinema 31; Lacrosse 27-
29
S M T W T F S
1
2 3 4 5 6 7 8 SunsetLIVE!7; Pop-Up Music 8
Dancing in the Park 3, 6; AvonLIVE! 5; Lakeside
Cinema 7; Pose and Paddle Battle 8; Vail Valley
9 10 11 12 13 14 15 SunsetLIVE! 9; Weekly Art Expo 12; Pop-Up Music 15
Private Rental 11; AvonLIVE! 12; Lakeside
Cinema 14; Flynn Creek Circus (13-16)
16 17 18 19 20 21 22 SunsetLIVE! 16; Weekly Art Expo 19; Pop Up Music 22 AvonLIVE! 19; Lakeside Cinema 21
23 24 25 26 27 28 29 SunsetLIVE! 23; Weekly Art Expo 26; Pop-Up Music 29
AvonLIVE! 26; Lakeside Cinema 28; Colorado
Classic 28
30 31 SunsetLIVE! 30 Summer's End Party 29
S M T W T F S
1 2 3 4 5 Weekly Art Expo 2; Pop Up Music 5; Avon Art Festival 5,6 AvonLIVE! 2
6 7 8 9 10 11 12 SunsetLIVE! 6; Weekly Art Expo 9; Avon Arts Celebration 11-13
13 14 15 16 17 18 19 Community Picnic 17
20 21 22 23 24 25 26
27 28 29 30
S M T W T F S
1 2 3 VVSC 3-4; Fall Fest 3
4 5 6 7 8 9 10 Man of the Cliff 9-11
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
JULY
AUGUST
SEPTEMBER
OCTOBER
Event Date
Cancellation / Rescheduled
Reimagined
MESSAGE POSTED ON WEBSITE: To ensure we provide
the safest experience, we will open with limited summer
activities, focused first and foremost on getting you on the
mountain.
Blues, Brews, and BBQ 5/24 CANCELLED
Beaver Creek Rodeo June - Aug.CANCELLED
Wine & Spirits Festival Mid- August CANCELLED
Oktoberfest Aug 30 - 31 CANCELLED
Weekly events that are happening:
Movies under the stars (Tuesdays)
Daily Village Music
FAC (Fridays)
Silent Disco (Fridays & Saturdays)
Zusammen (marketplace & dining on Saturdays)
Aug-Sept 19. No
events passed Sept
19
REIMAGINED
Event Date Cancellation
MESSAGE POSTED ON WEBSITE: The Vilar Performing
Arts Center has RESCHEDULED or rescheduled all
headliner artists between now and the end of August, but
is evaluating opportunities for hosting smaller events in
light of Eagle County Health’s latest PHO.
VPAC's CANCELLED THROUGH AUG.
Ghostlight Sessions (streamling live shows)7-May REIMAGINED - ticketed w/ 100 limit
Event Date Cancellation
Go Pro Games 8/20-8/23 RESCHEDULED
Hot Summer Nights Tuesdays in August
REIMAGINED - ticketed w/ 175 limit
Michael Franti 6/7/2020 RESCHEDULED
Vail Dance Festival 7/31-8/11 REIMAGINED - special online events on
Facebook and Youtube.
Dark Star Orch.7/3 CANCELLED
Event Date Cancellation
Taste of Vail April CANCELLED
Pink Vail 27-Mar CANCELLED
Vail Craft Beer Festival 6/26-6/28 RESCHEDULED Aug. 14 - 15
Bravo! Music Festival 6/25-8/6 CANCELLED
Vail Bluegrass 6/26-7/22 DOWNSIZED TO ONE SHOW 7/22
Vail Arts Festival 6/26-6/28 RESCHEDULE Aug. 28 - 30
Events that are happening:
Jazz in the park (Fridays)
GOPRO Mountain Games Elements (Select Saturdays)
Movie Nights at the Amp (Saturdays, $10 tickets)
August REIMAGINED
Vail
Exhibit B - Regional Events Update
Beaver Creek
Vail Valley Foundation
Vilar
Page 1
Event Date Cancellation
Bonfire Block Party 8/28-8/30 CANCELLED
Eagle Flight Days 6/26 No event inforrmation related COVID-19
Eagle Outside Festival 8/28 No event inforrmation related COVID-19
Event Date Cancellation
FROM THEIR WEBSITE: It appears their events section of
the website has been unpublished:
(https://www.townofgypsum.com/playexplore/events)
Town Clean-up Day 5/16 RESCHEDULED, Fall date TBD
Gypsum Days 7/16-7/18 CANCELLED
4th of July Celebration with Town of Eagle 7/4 CANCELLED
Event Date Cancellation
WAVE: Light + Water + Sound 5/28-5/31 RESCHEDULED to 2021
Gold Panning Championships 6/19-6/21 CANCELLED
Breckenridge Summer Beer Festiival 7/11 CANCELLED
Breckenridge Food and Wine Festival 8/4 CANCELLED
Breck Epic 8/15-8/20 RESCHEDULED to 2021
Hogfest Bacon and Bourbon 8/28-8/30 CANCELLED
Strings, Beers, and Ciders 9/25-9/27 CANCELLED
Breckenridge Octoberfest 9/11-9/13 Currently determining if they can comply with
PHO
Breckenridge Wine Classic 9/17-9/19 No event inforrmation related COVID-19
Breckenridge Film Festival 9/17-9/20 REIMAGINED - Drive-in format and an online
format
Breckenridge Strings, Beers & Ciders 9/25-9/27 CANCELLED
Breckenridge Craft Beer Festival 10/9-10/11 No event inforrmation related COVID-19
Event Date Cancellation
First Fridays April-May REIMAGINED - Select few are virtual
Country Western Dance April/May CANCELLED
Free Concerts 6/13-9/12 TBD
Event Date Cancellation
No events on the 2020 events calendar
WEEN 6/26-6/27 Rescheduled 2021
Dark Star 7/2 CANCELLED
String Cheese 7/14-7/15 CANCELLED
Free Concerts 6/13-9/12 TBD
Event Date Cancellation
Bacon and Burboun Festival 6/27-6/28 CANCELLED
Keystone Oktoberfest 9/5 No event inforrmation related COVID-19
Event Date Cancellation
Kids Egg Hunt 4/12 CANCELLED
Gypsum
Breckenridge
Silverthorne
Keystone
Frisco
Eagle
Dillon
Page 2
"Concerts NOT in the Park"Thurs Jun-Sep REIMAGINED - During the “new normal” this will
largely be live broadcasted from Ten Mile Music
Hall.
Annual Main Street to the Rockies Art Festival 8/8-8/9 RESCHEDULED TO 2021
Frisco's Fall Fest 9/12-9/13 RESCHEDULED TO 2021
Fall Locals' Party: Boats, Bloodies and Brunch 9/20 RESCHEDULED TO 2021
Annual Colorado BBQ Challenge 9/25-9/26 RESCHEDULED TO 2021
Event Date Cancellation
No specific cancellations or COVID information listed on website
at this time, events happening are farmers market, walking
tours, music on the green, yoga on the green and artwalks.
Event Date Cancellation
Aspen Saturday Market June-Oct REIMAGINED - only online
Summer Words Writers Conferences 6/21 REIMAGINED - Virtual format
Food & Wine Classic 6/19-6/21 RESCHEDULED TO 2021
JAS Aspen 6/24 CANCELLED
Aspen Ideas 6/26 CANCELLED
Event Date Cancellation
Mountainfilm May 15-25 REIMAGINED - Virtual format
Bluegrass Festival 6/18-6/21 CANCELLED
Yoga Festival 6/24-6/27 CANCELLED
July 4th CANCELLED
RIDE Festival 7/10-7/12 CANCELLED
Telluride Film Festival Pending
Telluride Jazz Pending
Blues and Brews 9/18-9/20
Not cancelled, but cancellation likely according to
event organizers
The Mountain Village has added daily live music to keep guests
and residents entertained this summe
REIMAGINED
Event Date Cancellation
"All events are subject to cancellation or rescheduling" -BV
website
Seven Peaks Music Festival 9/4-9/7
Not cancelled, no COVID-19 information on
website
Free Live Music on Saturdays REIMAGINED
Event Date Cancellation
FIBark 6/18-6/21 CANCELLED
Jazz Festival 8/8-8/9 Nothing mentioned yet; line-up not announced
ALL JUNE EVENTS WIPED FROM CALENDAR
ALL JULY EVENTS WIPED FROM CALENDAR
Salida
Steamboat
Aspen
Telluride
Buena Vista
Page 3
ALL AUGUST EVENTS WIPED FROM CALENDAR (exception
of private wedding)
Website mentions "For May and June we are
reviewing the events on a weekly basis due to
the COVID-19 impacts." so hasn't been updated
in a while.
Event Date Cancellation
Red Rocks N/A CLOSED UNTIL FURTHER NOTICE
Cherry Creek Arts Festival 7/3-7/5 CANCELLED
Frontrange Festivals
Page 4
Month Idea
Artist, if
applicable
Estimated
Cost Installation Location
Target
Installation
Dates
Removal
Dates Description / Notes Links
May
Avon Elementary School
Art Project Grade K - 5 $1,640 Ad space in Vail Daily 21-May N/A
AES students create art on 8.5" x 11" relating what they have
been doing during stay at home order and messages of hope;
collage ad displaying art in VD - COMPLETE N/A
May Prayer Flag Project Heidi Cofelice $ - MSM - Lettuce Shed Lane End of May End of Sept.
Developed by a local art teacher and supported by Avon with
display space and promotion. Prayer Flags send messages and
mantra of inspriation, hope, peace and strength into the
community. COMPLETE https://www.projectseedling.com/
June
Public Chalk Art in P.
Plaza / MSM
TOA Events
Dept.$100.00 P. Plaza Late May Mid-July
Placing side walk chalk in the MSM to encourage and inspire
creativity POSTPONED TO 2021 N/A
June Faces on Trees VVAG or TOA $1,400 MSM, Park, 6-12 trees
End of May - End
of June N/A
Surprise and delight with face designs on trees. COMPLETE
BY SEPTEMBER 4TH See photo
June Giant Adriondack Chairs
TOA Events
Dept.TBD
North side of stage near
lake and Beach End of June TBD
Oversized chairs creating photo and social opportunities.
PURCHASE THIS YEAR WITH INSTALLATION IN SPRING
2021
https://www.fotospot.com/attractions/california/giant-
adirondack-chairs
June - July Homes for Hounds*CMNM Project $18,000 MSM 23-Jun 23-Jul
Local organization build dog houses which are auctioned to
raise funds for non profits;13-15 houses on display in MSM.
COMPLETE
www.homeforhounds.org
June - July
Laser Image on Mtn.
(North side of I-70)
Mountain Man
Productions $4,000
North Side of I-70; Mountain
face
Mid-June OR July
3rd N/A
Two per week for four weeks; Fri. and/or Sat. nights 8:00 to
10:00 p.m. Lazer images/words of inspiriation, peace,
patriotism, etc. COMPLETE N/A
June - July Before I Die Wall Candy Chang
Donation Based /
Materials Cost
Beach and/or Lettuce Shed
Lane and/or Stage?Mid-June Mid-July
Each wall is created by local residents who want to make a
space in their community to restore perspective and share more
with one another. Each wall is a tribute to living an examined
life. POSTPONED TO 2021
http://candychang.com/work/before-i-die-in-nola/ ;
https://beforeidieproject.com/
July - August
NEW - Ein Prosit Block
Party Kerri Thelen $2,000
89200 E. Beaver Creek
Blvd.
Mid-July - Mid-
August Mid-August
Every Thursday, July 16 through August 13 between the hours
of 6-9p.m Ein Prosit hosting a Block Party in the parking lot in
front of their business featuring live music with local musicians.
The Town provided $2,000 in fundng to further
enhance/support live music in Avon.
August Chalk Artist Design VVAG TBD
Possibilities Plaza, Lettuce
Shed Lane, other?August TBD Larger scale chalk design. POSTPONED TO 2021 https://www.larimerarts.org/
September
NEW - Avon in the Time of
COVID VVAG $2,000 TBD Mid-October TBD
Working in collaboration with the VVAG, identify 4 local
photographers to capture images which memorialize and
represent "Avon in the Time of COVID"
September
NEW - Virtual Scavenger
Hunt
TOA Events
Dept.$500 N/A Sept. 4 - 18 Sept. 18
Idea presented by Councilor and CASE Committee member
Amy Phillips to virtually engage the Avon community in a fun
energetic activity during a time when in-person gathering in
limited. Details are currently in pl;anning process.
*in 2020 approved Econ.
Dev. Budget
Temporary Short Term: Next 30-90 Days
Exhibit C
1
https://beforeidieproject.com/participate
January Ice Sculptures
Scott Rella;
Fear No Ice TBD MSM, Lettuce Shed Lane Janaury 2021 TBD Outreach to artist https://fearnoice.com/giant-sculptures.html
Spring Tree Branch Designs Karl Krueger Commissioned Pending Pending TBD Discussion with artist in progress https://www.karlkruegerarchitect.com/#/sticksculpture/
Summer Chess on the Plaza
TOA Event
Dept.$1,000 TBD TBD TBD
https://www.chesshouse.com/products/25-giant-chess-set-mat-
combo
Summer Recycled Art Project
Collaboration:
WM, VVAG TBD TBD TBD TBD
https://www.3blmedia.com/News/New-Student-Art-Installation-
Encouraging-Recycling-Unveiled-Grand-Teton-National-Park-
Thanks
Summer
Chalk Art Competition /
Display
Temporary Short Term: Winter/Summer 2021
2
Month Idea Artist, if applicable
Estimated
Cost Installation Location
Target
Installation
Dates
Removal
Dates Description / Notes Links
August
Playable Music
Instruments
Nature's Instruments
and Freenotes $14,100
1.) In the “playground” near the bus stop on
Lake Street and across the street from Rec.
Center; 2.) South side of the rec center in the
concrete area to the left of the door as you
are facing the entrance; 3.) South side of the
rec center
in the concrete area to the right where there is
a low-medium height hedge; 4.) East side of
the rec center between the rec center and the
library where there are currently two park
benches. Replacing one of the two benches Spring 2021 Permenant
Report to Council May 26;
INSTRUMENTS ARRIVE EARLY
NOVEMBER FOR INSTALLATION
IN SPRING 2021 See Exhibit F
July - August
Decorating
Benches in Town Local Artist Tara Novak $5,000
1.) RAB#4 @ US Bank / Avon Rd.; 2.) Bus
Stop @ Christy Sports / E. Benchmark; 3.)
Bus Stop 2 Pier One / Beaver Creek Place;
4.) RAB#3 @ FirstBank / Avon Road; 5.)
Between Rec. Center / Library September Permenant
Tara Novak contracted for project
and began in mid-July for completion
in early September See Exhibit E
https://beforeidieproject.com/participate
Mosiac Tiles Kasia Polkowska Commissioned
TBD, Avon Road, Nottingham Park Entrance,
MSM, etc TBD TBD Colorado local artist https://kasiamosaicspublicart.blogspot.com/
Mural VVAG Commissioned South East facing wall of Rec. Center TBD TBD
Permanent Short Term: Next 60-90 Days
Permanent Long Term: 2021 - 2025
Exhibit D
1
COMPLETE: Bus Stop @ Christy Sports / E. Benchmark (1)COMPLETE: Bus Stop @ Christy Sports / E. Benchmark (2)
COMPLETE: Between Rec. Center & Library RAB# 3 - First Bank / Avon Road
Bench Locations
Exhibit E
1
Bus Stop @ Pier One / Beaver Creek Place RAB# 4 - US Bank / Avon Road
2
1
EXHIBIT F
Musical Instrument Playground Equipment
Location Instrument Picture Cost
Area A:
In the “playground” near the
bus stop on Lake Street and
across the street from Rec.
Center (there is a small area
with features resembling logs
with wood chips).
Natures Instruments:
Soaring Amadinda- Keys
with 4-Post Log Frame
$7,755
Area B:
South side of the rec center
in the concrete area to the left
of the door as you are facing
the entrance (where the
Zagster bike racks currently
are)
Natures Instruments:
Thunder Drums- Set of 3
Drums Mounted to Log
Posts
Area C:
South side of the rec center
in the concrete area to the
right where there is a low-
medium height hedge.
Freenotes Harmony Park:
Botanical Collection-
Freenotes Flowers
Surface Mount Ensemble
Collection
$6,274
Area D:
East side of the rec center
between the rec center and
the library where there are
currently two park benches.
Replacing one of the two
benches
Freenotes Harmony Park:
Aria Xylophone- (With
Recycled Surface Mount
Kit)
TOTAL $14,029
2
C
B
Area A Area B
Area C Area D
Nottingham Park Event Operating
Procedures June 12, 2020 Page 1 of 5
INTRODUCTION: The Town of Avon’s Event Operation Procedures implement the current Eagle County
Public Health Order for outdoor gathering events to accommodate multiple groups of 250 persons on the
main field at the Harry A. Nottingham Park (“Park”). Planned events include AvonLIVE! music
performances on Wednesday nights, running from June 24th through August 26th and Lakeside Cinema
on Friday nights running from July 10th through August 28th.
The Event Operation Procedures use the large flat main filed area of the Park to spread attendees out in
excess of the minimum social distancing requirements. Specifically, attendees would maintain 6’ social
distancing and sub-groups of attendees would be seated 12’ away from adjacent sub-groups. The
expected size of sub-groups may range from individuals up to groups of eight based on observations
from past projects in the Park. Seating areas are divided into Sections A, B and C which may collectively
accommodate 720 persons. Seating areas are divided by 20’ walkways which encompass the perimeter.
In order to minimize potential for lapses in social distancing, there will be no food or alcohol sales during
events to avoid the potential for line queues. Park ingress and egress can occur from all directions which
reduces the potential, or inadvertent pressure, for attendees to bunch up closer than the 6’ social
distance guideline.
The Town reserves the right to stop a performance or film showing if it appears that the number in
attendance exceeds the Town’s ability to provide effective guidance on social distancing and COVID-19
protocols.
The Eagle County Public Health Order Five Commitments of Containment are incorporated into the Codes
of Conduct as follows:
1.No one may come to an event in the Park if they are experiencing any Covid-19 symptoms, including
cough, fever, muscle pain, or loss of taste or smell.
2.Use of a facial covering is highly encouraged during ingress and egress and while moving in walkways.
3.Do not attend the event if you have been exposed to someone who has tested positive or who is
exhibiting Covid-19 symptoms
4.Maintain 6’ of distance from other individuals not in your household group
5.Maintain 12’ of distance from other sub-groups of individuals
6.Wash hands often
7.Persons with higher health risk are encouraged to not attend these public events
NOTTINGHAM PARK
EVENT OPERATING PROCEDURES
JUNE 12, 2020
CODES OF CONDUCT
Patrons, Staff & Artists
EXHIBIT G
Nottingham Park Event Operating
Procedures June 12, 2020 Page 2 of 5
SEATING SECTIONS: The Park main field is approximately 150’ across near the front of the Avon Pavilion
Stage, then increases to approximately 275’ across moving further away from the Avon Pavilion Stage.
Each seating section will be 80’ deep. Section A is approximately 17,000 sq.ft., Sections B and C are
approximately 22,000 square feet each. This area provides approximately three times the minimum
space required per person with social distancing (28’ sq.ft.). 220 persons x 28 sq.ft. per person = 6,160
[Section A]. 250 persons x 28 sq.ft. per person = 7,000 sq.ft. [Sections B and C]. Seating Sections would
be clearly labeled to facilitate contact tracing should there be a need. See the Seating Diagram below
which illustrates separating sub-groups by 12’.
INGRESS AND EGRESS: Ingress and egress is expected to occur via Lake Street to the east, Benchmark
Road to the southeast, the Nottingham Beach area to the north, and the south side of Nottingham Lake on
the southwest. Due to the disbursed locations of public parking along Lake Street, Benchmark Road, and
West Beaver Creek Boulevard (north side of the Park) we expect persons walking in and walking out will
take many routes. We also expect that residences on the west, north and east sides of the Park will walk
into the Park from multiple directions. No entry or exit gates are planned which is intended to avoid the
potential to cause attendees to bunch-up while entering and exiting the Park.
The Park has established recreational paths surrounding the main field area which are approximately 6’
wide. 20’ wide walkways will be marked and signed between the designated seating Sections A, B and
C to facilitate ingress and egress to Seating Sections while maintaining social distancing.
SEATING ATTENDANTS: An important and practical operating procedure will be the presence of at least
four Seating Attendants that will greet and guide attendees as they enter the Park to assist them with
proper spacing between sub-groups and to oversee that each Seating Section does not exceed capacity.
Seating Attendants will wear face coverings and will have free face coverings to offer to attendees.
MARKETING: Marketing will be limited to Avon residents and visitors staying in Avon. Unlike past events,
Avon will not market to the greater Eagle County region. Events in the Park are open to the public;
however, the marketing plan will not actively seek to draw residents and visitors outside the Town of Avon.
Overall marketing will occur through Avon’s website, newsletter and social media.
MARKETING MESSAGE: The following information will be conveyed in our local marketing:
•Event description and times
DISTANCING AND SPACING PROTOCOLS
Seating Sections, Ingress, and Egress
COMMUNCATION PROTOCOLS
Marketing and Signage
Nottingham Park Event Operating
Procedures June 12, 2020 Page 3 of 5
•Covid-19 Protocols and Codes of Conduct
•Bring your own food and beverage with no food or beverage concessions.
SIGNAGE: Multiple signs will be placed during events at all ingress areas for seating. Signage will
include the Covid-19 Protocols and Codes of Conduct as well as separate art signage to physically
illustrate the 6’ social distancing requirement and the 12’ distancing requirement between sub-groups.
Signage will also be placed for the portalets to ensure social distancing when waiting in line (i.e. ground
markers) and to encourage washing hands. Seating Sections will be clearly labeled to facilitate contact
tracing.
PORTALETS: A minimum of five portalets will be placed on the perimeter of the venue to assist with
disbursing users. The portalets will be in addition to the public restroom on the north east side of the
main field. Portalets will be spaced at least 6’ apart and there will be an individual wash station for each
portalet to facilitate hand washing. Signage will encourage handwashing and to remind persons waiting
in line to maintain 6’ social distancing. Ground markers will be placed to indicate 6’ social distancing
while waiting in line for a portalet.
PUBLIC AREAS: The public restroom, portalets, handwashing stations, public tables and chairs will be
cleaned before the event. High touch surfaces for the public restroom (sink faucets and counters, toilet
handles, soap and towel dispensers and baby changing stations), portalets (i.e. handles), handwashing
stations and trash/recycling receptacle touch points will be cleaned once each hour during the event.
Staff will wear face coverings while cleaning during an event.
BACK OF HOUSE: Non public areas will be cleaned before the event, including door handles, handrails,
push plates on Pavilion stage, basement and Green Room, bike rack or other barricades, tables and chairs
(temporary and permanent),trash/recycling receptable touch points, sink faucets and counters, toilet
handles, soap and towel dispenser handle in Green Room.
CLEANING PROTOCOLS: Town will follow the COVID-19 Guidance for Cleaning Public Restrooms
issued by Eagle County. Both cleaning and disinfecting will be used before the event and once each hour
on public high touch surfaces during the event. Disinfecting will use an EPA registered disinfectant for use
against the novel coronavirus.
DOCUMENTATION: Staff and designated personnel will be responsible for completing and preserving
logs to document time and frequency of cleaning and disinfecting.
PORTALETS
Placement, Signage and Sanitation
SANITATION
Public Areas, Back of House, Cleaning Protocols, Documentation
Nottingham Park Event Operating
Procedures June 12, 2020 Page 4 of 5
SECURITY: Avon Police Department will have an officer present duirng events who is subject to call-out
in the event of a police response call elsewhere in Avon.
MEDICAL: Patrons, staff and artists will be noticed to call 911 in the event of an emergency. A first aid kit
is located at the Avon Pavilion Stage to address minor medical issues.
EMERGENCY RESPONSE/EVACULATION: Staff will monitor weather forecasts and incoming weather
for signs of potential extreme weather. If extreme weather seems likely or imminent, the event will be
stopped and attendees will be instructed to leave the Park. If the onset of extreme weather is too rapid to
allow time for attendees to leave the park and return to their homes or cars, attendees can shelter in the
Avon Recreation Center where social distancing protocols and use of face coverings will be utilized.
Infrastructure such as PA systems, tents, etc, will immediately be dropped to ground level.
This diagram depicts 50
people, with 6’ social
distancing between
persons not in their
household, arranged in
typical social sub-groups.
Sub-groups would be
seated 12’ from adjacent
sub-groups. This spacing
results in approximately
50 people seated in a 70’
x 80’ area (5,600 sq.ft.)
which is approximately
112 sq.ft. per person and
approximately 4 times
more space than the
required minimum of 28
sq.ft. per person. Each
red arrow is 12’.
SECURITY
Security, Medical, Emergency Response & Evacuation
SEATING DIAGRAM
12’ Distance between Sub-Groups
Nottingham Park Event Operating
Procedures June 12, 2020 Page 5 of 5
HARRY A. NOTTINGHAM PARK
Seating Section Diagram and Site Layout
Total Approved 2020 Budget 538,287.00$
April Budget Amendment Savings (311,989.00)$
Amended Approved 2020 Budget 226,298.00$
Additional Savings To Date Less Cost of
Small Events, Art & Music 107,860.00$
Total Savings To Date By Event 459,032.00$
Company / Producer Event Name Total Approved Budget
April Budget Reduction /
Remaining Budget
April Budget Reduction /
Savings Per Event
Current / Reduced
Budget
Add'l Savings To
Date Total Savings Per Event
Town of Avon Avon Egg Hunt $ 14,425.00 $ 1,899.00 $ 12,526.00 $ 1,899.00 $ - $ 12,526.00
Vail Colorado Lacrosse Vail Lacrosse Tournament $ - $ - $ - $ - $ - $ -
Town of Avon AvonLIVE! $ 144,476.00 $ 64,550.00 $ 79,926.00 $ 21,106.00 $ 43,444.00 $ 123,370.00
CCM Events Possibilities in Avon - Weekly Art Expo $ - $ - $ - $ - $ - $ -
Beaver Creek Resort Company Beaver Creek Resort Company $ 10,000.00 $ 10,000.00 $ - $ - $ 10,000.00 $ 10,000.00
Town of Avon Salute to the USA $ 193,787.00 $ 41,250.00 $ 152,537.00 $ 41,250.00 $ - $ 152,537.00
Team Evergreen - Triple Bypass Triple Bypass $ 4,500.00 $ 4,500.00 $ - $ - $ 4,500.00 $ 4,500.00
Team Unlimited XTERRA Mountain Championship $ - $ - $ - $ - $ - $ -
CCM Events Avon Arts Celebration $ - $ - $ - $ - $ - $ -
Vail Valley Foundation / Vail Dance Dancing in the Park $ 60,000.00 $ 60,000.00 $ - $ - $ 60,000.00 $ 60,000.00
Right On Production Vail Valley BrewFest $ 32,000.00 $ - $ 32,000.00 $ - $ - $ 32,000.00
Get Connected Events Flynn Creek Circus $ 35,000.00 $ - $ 35,000.00 $ - $ - $ 35,000.00
Town of Avon / RPM / Medalist Colorado Classic $ 26,704.00 $ 26,704.00 $ - $ 5,000.00 $ 21,704.00 $ 21,704.00
Vail Valley Soccer Vail Valley Soccer Cup $ - $ - $ - $ - $ - $ -
Colorado Events Avon Art Festival $ - $ - $ - $ - $ - $ -
Town Produced Event Commuity Picnic $ 7,395.00 $ 7,395.00 $ - $ - $ 7,395.00 $ 7,395.00
10th Mountain Management Man of the Cliff $ 10,000.00 $ 10,000.00 $ - $ 10,000.00 $ - $ -
TOTALS: $ 538,287.00 $ 226,298.00 $ 311,989.00 $ 79,255.00 $ 147,043.00 $ 459,032.00
EXHIBIT H
Budget Reductions / Savings By Event: August
Events Budget: Net Savings
Page 1
Event Name Proposed/ Actual Cost
Town Clean Up Day (food, music, supplies) $ 2,000.00
SunsetLIVE! $ 7,000.00
Lakeside Cinema $ 4,000.00
Pop Up Music $ 4,000.00
Mountain Man Laser $ 4,000.00
Avon Elementary School Art Project $ 1,640.00
Art Signage for Events + Printing $ 1,943.00
Faces on Trees $ 1,400.00
Park Benches Decoration (6) $ 5,000.00
Misc.(bridge banners, 5 commitments, TIPS training) $ 1,500.00
Business Support (Ein Prosit music) $ 2,000.00
Donated Sculpture Base $ 200.00
Virtual Scavenger Hunt $ 500.00
JJ's Cleaning, Field Markers, A-Frames $ 2,000.00
Avon in the Time of COVID $ 2,000.00
TOTALS: $ 39,183.00
Small Community Events, Art & Other: Costs
Page 2
(970) 748-4087 ewood@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager
RE: 2021 Town of Avon Community Grant Program Funding
DATE: August 3, 2020
SUMMARY: For purposes of efficiency, this memorandum has been prepared as a written report to notify
Council of Staff’s recommended approach to the 2021 Town of Avon Community Grant Program. Application
materials for the 2021 Town of Avon Community Grant Program were released on July 31, 2020 and can be
found at www.avon.org/communitygrants. The application deadline is August 31, 2020 at 5:00 p.m.
The Ad Hoc Review Committee will meet during the week of September 14, 2020 to review all submitted
applications and make funding recommendations. The Ad Hoc Review Committee, which is appointed by the
Town Manager, will be comprised of citizens representing businesses and nonprofits and members of Staff.
At the Budget Retreat that will be held on Friday, October 30th, 2020, Staff will present the 2021 Community
Grant Program Requests and Recommendations Funding Summary that will include recommendations for
funding (both cash and in-kind), conditions of funding, if any, and supporting information.
FINANCIAL CONSIDERATIONS:
*Please note that in 2020, a Community Partners program was created and separated from the grant
program. Community Partners do not submit annual grant applications. The budget for 2021 Community
Partners funding is $114,505.
RECOMMENDATION: Town Staff recommends matching the 2020 Community Grant funding at $92,000
for 2021.
Thank you,
Elizabeth Wood
Avon Office
0070 Benchmark Road, Unit 104
P.O. Box 5450
Avon, Colorado 81620
Telephone (970) 300-4373
GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
Since 1975
www.garfieldhecht.com
To: Honorable Mayor Sarah Smith Hymes; Avon Town Councilmembers
CC: Eric Heil
From: Paul Wisor
Re: Gallagher Stabilization Ballot Question
Date: July 16, 2020
This memorandum is presented to you to summarize 1) Sections 3 and 15 of Article X of
the Colorado Constitution (collectively, the “Gallagher Amendment” or “Gallagher”), 2) the
Gallagher Amendment’s impact on Town of Avon’s finances generally and 3) the impact on
the Town if a predicted decrease in the residential assessment rate comes to fruition. The
memorandum also sets forth a proposed ballot question that would diminish the impact of the
Gallagher Amendment by allowing the Town to increase or decrease its mill rate in order to
effectively achieve a permanent residential assessment rate of 7.15 %, the rate currently
imposed on residential properties in Town and throughout the State of Colorado.
Background
The Gallagher Amendment was adopted in 1982 in response to ongoing concern about
ever-increasing residential property taxes. The Gallagher Amendment divides the state’s total
property tax burden between residential and nonresidential property. Gallagher requires that
45% of the total amount of state property tax collected must come from residential property
and the remaining 55% must come from commercial property. Gallagher goes on to provide
the assessment rate for commercial properties is permanently fixed at 29%.
Given the assessment rate for commercial properties is set at 29%, the General
Assembly must set the residential assessment rate (the “RAR”) every odd year in order to
maintain the 45%/55% allocation between residential and commercial taxes mandated by
Gallagher. In 1982, the RAR was at 21%, but due to significant growth in the residential real
estate market in the last forty years the RAR has decreased significantly over time, and the
RAR was most recently set at 7.15% in 2019.
Gallagher Impact
As a general matter, an individual’s property tax bill, and the amount ultimately
received by the Town, is calculated using the following formula:
Property Tax = (Market Value of Property) x (RAR) x (Town of Avon Mill Rate)
As you can see, the Town of Avon is only able to control one of these factors, the mill rate, but,
as we will further discuss, even control of this factor is limited by Art. X, Section 2o of the
Colorado Constitution (“TABOR”).
In good economic times increased residential property values should result in an
increase in property tax revenues to the Town; however, because increases in residential
property values have historically outpaced increases in commercial property values in
Colorado, the RAR has decreased. As a result, any significant increase in revenues that could
be realized by the Town is diminished or otherwise eliminated. Of course, this is good news
from a property owner’s perspective as their property taxes ultimately do not reflect the true
value of their property.
While this general approach would seem not to have a particularly significant impact
on the Town, it is important to remember Gallagher, and the RAR in particular, are focused
on Colorado as a whole rather than regionally or locally. As such, it is often the case that
residential property values outside the Denver metro area do not rise as quickly or as
significantly as residential properties in and around the Denver metro area. Consequently,
the decrease in the RAR is often disproportionately lower than the increase in property values
in mountain and rural communities throughout Colorado. Municipalities in mountain and
rural communities therefore lose out on tax revenue as compared to their Front Range
counterparts.
2021 Reassessment
As required by Gallagher, the General Assembly will again set the RAR in 2021. As is
traditionally the case, several weeks ago the State Property Tax Administrator released an
estimate of the RAR for 2021. Given the robust residential real estate market over the last two
years, it is currently estimated the 2021 RAR will be set 5.88%, an 18% decrease from the RAR
set in 2019. It is estimated this decrease in the RAR would result in a roughly $240,000.00
decrease in Town revenues beginning in 2022.1
The impact of the RAR decrease on the Town could be augmented due to the COVID-19
pandemic. While residential property sales have slowed, it appears residential properties are
retaining their value at the moment. However, it is possible the residential real estate market
will experience a downturn at some point in 2021. If a downturn were to occur, the RAR
would decrease along with a decrease in property values, thus compounding the overall
impact on Town revenues.
TABOR
The impact of the 2021 RAR could further be exacerbated by TABOR. In the event of a
loss of revenue, most local jurisdictions throughout the country could offset such a loss with a
1 Amy Greer has calculated this number based on the following assumptions:
7/7/2020 Actual Value = $2,114,579,120.00
TOA property tax revenues @ 8.956 mills
Assessed Value at 7.15% $151,192,407.08 $1,354,079.20
Assessed Value at 5.88% $124,337,252.26 $1,113,564.43
TOA mill levy 8.956 ($240,514.77) drop in property taxes
17.76% drop in property taxes
mill levy increase. However, TABOR requires the Town to seek voter approval prior to any tax
increase, including a mill rate increase. If residential property values are falling, it is likely
the overall economy is suffering as well, and it is unli kely a future ballot question seeking a
mill rate increase would be approved.
2020 Statewide Ballot Question
Over the last several years many special districts, including special districts in the Eagle
River Valley, whose budgets are disproportionately dependent on property tax revenues have
asked voters for permission to “de-Gallagherize.” That is, they have asked for permission for
their mill levies to fluctuate so that the effective RAR is 7.15% no matter the level at which the
General Assembly sets the RAR pursuant to Gallagher.
Taking note of this trend, a significant number of lawmakers, business leaders and
community members from both sides of the political aisle have come to the conclusion that
Gallagher has outlived its usefulness. As such, the General Assembly voted to refer a ballot
question to the voters in November 2020 asking to repeal Gallagher. Were the repeal to
occur, the state would then be able to set assessment rates for both residential and
commercial properties at any level they deemed fit in the future.
Were the statewide ballot proposal to pass, neither the Town nor any other Colorado
jurisdiction, would need to worry about the 2021 RAR as set forth above. Though, under this
scenario the RAR in any given year would be an open question and hotly debated topic and
the General Assembly.
Proposed Ballot Question
The 2021 RAR presents a significant challenge to the Town under current law. The
outcome of the statewide ballot question is murky at best, so relief from Ga llagher is not
guaranteed. As such, the Town could follow the lead of other special districts, and ask Avon
residents to essentially freeze the RAR at its current level of 7.15%, which would require a
ballot question be placed before voters at the November 2020 election. Below is a draft of a
proposed ballot question:
WITHOUT INCREASING TOTAL PROPERTY TAX REVENUES COLLECTED,
SHALL THE TOWN OF AVON BE AUTHORIZED TO INCREASE OR
DECREASE ITS CURRENT AND ALL FUTURE MILL RATES ONLY IF, ON OR
AFTER NOVEMBER 3, 2020, THERE ARE CHANGES IN THE METHOD OF
CALCULATING ASSESSED VALUATION, INCLUDING BUT NOT LIMITED TO
A CHANGE IN THE PERCENTAGE OF ACTUAL VALUATION USED TO
DETERMINE RESIDENTIAL ASSESSED VALUATION DUE TO ARTICLE X
SECTION 3 OF THE COLORADO CONSTITUTION (OTHERWISE KNOWN AS
THE GALLAGHER AMENDMENT), SO THAT, TO THE EXTENT POSSIBLE,
THE ACTUAL PROPERTY TAX REVENUES GENERATED BY SUCH MILL
RATE ARE THE SAME AS THE ACTUAL PROPERTY TAX REVENUES THAT
WOULD HAVE BEEN GENERATED HAD SUCH CHANGES IN THE METHOD
OF CALCULATING ASSESSED VALUATION NOT OCCURED?
Council Action
A formal election resolution would need to be approved by the Council in order for the
question to be placed on the ballot. In order for the question to be included on the November
3, 2020 ballot, the ballot language needs to be submitted to the County Clerk no later than
September 4, 2020. As such, the Council has some time, though not a lot, to consider the
issue.
Conclusion
The 2021 RAR could have a significant impact on Town revenues. The Town could
choose to follow the lead of many special districts throughout the state and ask the voters to
allow the Town to increase or decrease its mill levy such that the revenues collected reflect an
effective RAR of 7.15%. It is possible, however, the proposed ballot question will be
unnecessary as a statewide vote may eliminate Gallagher in its entirety this November.
While the ballot question would certainly save money, it may not have widespread
approval. Homeowners will effectively save 18% on their next property tax bill. While this is
not money in their pocket now, it is money they will be foregoing. Thus, although the
question is not a property tax, it could easily be perceived as one. Though the Town may
benefit, now may not be the time for such a ballot question.
TO: Council Members FROM: Sarah Smith Hymes
RE: Meeting Moderation
DATE: Aug 7, 2020
Dear Colleagues, concerns have been expressed that from time to time I am not running the Council
meetings in strict adherence to the estimated schedule and other times that I do not allow sufficient
opportunity for Council members to speak. I would like to offer to Council that we include a discussion on
the August 11 Council meeting, or at a future meeting at Council’s pleasure, to review Council member
expectations on running the meetings and timing.
I’ll share my thoughts in this regard:
Over the last year I have worked with Council member Amy Phillips and Town Manager Eric Heil to
organize agendas so Council has adequate time to address business items, discuss topics and wrap-up the
meeting by 9:00 pm whenever possible. To this end, the Town Manager, Mayor, and Mayor Pro Tem
estimate times for each agenda item.
Estimated times are exactly that - a best guess. A number of factors determines how much time each
agenda item requires: the presenter, the quality of the packet materials, the preparation and engagement of
the Councilors, the level of public engagement, and the time sensitivity of the issue.
Councilors have varying levels of expertise and interest in different issues. Some Councilors have more
questions or concerns on some topics while other Councilors have more questions and interest on other
topics. I strive to keep the meeting on track while allowing each Councilor the time each Councilor desires
to ask questions, express their opinions, and make informed decisions for the community.
It is never my intent to cut-off any Council member or not permit every Council member to fully participate
and express themselves. I also believe it is appropriate to allow presenters to respond to the questions of
Council members. These variables along with public input on matters of strong community interest make
the timing of some agenda items unpredictable. My preference is to allow more time when public business
and community matters warrant Council discussions rather than to attempt to stifle discussion to adhere to
estimated times on the agenda. But I look to your input so that we can determine a common understanding
and agreement on expectations.
Thank you, Sarah