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TC Packet 08-25-2020_______________________________________________________________________________ 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 25, 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. Proclamation honoring Michael Trujillo (Public Works Director Gary Padilla) (10 Minutes) 5:15 5.2. Proclamation honoring Mario Medina (Public Works Director Gary Padilla) (10 Minutes) 5:25 5.3. First Reading of Ordinance 20-13: Amending the Avon Home Charter to Permit Individual Council Members to Reduce or Decline Compensation (Town Attorney Paul Wisor) (15 Minutes) 5:35 5.4. Resolution 20-22 Referring a Charter Amendment Ballot Issue to the November 3, 2020 Election which Ballot Question would Permit Individual Council Members to Reduce or Decline Compensation (Town Attorney Paul Wisor) (25 Minutes) 5:50 5.5. Resolution 20-21 Gallagher Stabilization Question (Town Attorney Paul Wisor) (15 minutes) 6:15 5.6. Resolution 20-20 RETT Application Fee Increase (Town Attorney Paul Wisor) (15 Minutes) 6:30 5.7. First Reading of Ordinance 20-12: Code Updates to the Town’s Liquor Code (Town Attorney Paul Wisor) (15 minutes) 6:45 5.8. Work Session regarding ClearGov Budget Software (Assistant Town Manager Scott Wright) (15 Minutes) 7:00 5.9. Discussion and Approval of UMB Purchase Card Agreement (Assistant Town Manager Scott Wright) (15 Minutes) 7:15 5.10. Work Session: Zagster Bike Share Program (Mobility Director Eva Wilson) (30 Minutes) 7:30 5.11. Public Hearing for Outdoor Use of Amplified Sound Permits (CASE Manager Danita Dempsey) (15 Minutes) 8:00 _______________________________________________________________________________ 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. 6. MINUTES 6.1. Approval of Minutes for August 11, 2020 Council Meeting (Town Clerk Brenda Torres) (5 Minutes) 8:15 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority July 23, 2020 Meeting Summary (Mayor Smith Hymes) 7.2. ECO Transit Update (Mayor Pro Tem Amy Phillips) 7.3. Monthly Financial Report (Senior Accountant Nelly Burns) 8. Mayor and Council Comments & Meeting Updates (20 Minutes) 8:20 9. Adjourn 8:40 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. OFFICIAL PROCLAMATION TOWN OF AVON, COLORADO HONORING MICHAEL TRUJILLO FOR HIS YEARS OF SERVICE WHEREAS, Michael Trujillo, as Avon’s Maintenance Operator I, has been committed to the highest levels of performance and customer service, and a respected and valuable employee since October 1, 1987, when he joined the Town; and WHEREAS, Mike’s extensive knowledge of Public Works practices allowed him to maintain the Town’s roads, snow removal and train other employees on all aspects of Public Works, Heavy Equipment large and small; and WHEREAS, during these thirty-two years Mike’s commitment to providing timely, consistent, and complete information in a responsive, professional and genuinely friendly manner has resulted in positive relations and respect from his peers and Town contractors; and WHEREAS, Mike’s unyielding commitment to support the work of the Public Works Department with reliable and timely information; kindness, compassion, and positive attitude; and willingness to address challenges with the promotion of camaraderie has gained him the greatest admiration with his co-workers; and WHEREAS, Mike’s years of service have been marked by unprecedented dedication to the best interests of the Public Works Department and the Town of Avon, his presence will be deeply missed by his co-workers in the Public Works Department and members of staff who have benefitted from his knowledge, experience and friendship during the past thirty-two years. NOW, THEREFORE BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: By virtue of Michael Trujillo’s years of dedication and service to the Town of Avon and its citizens, we, the Avon Town Council, proclaim August 25, 2020, as “MICHAEL TRUJILLO DAY”, in the Town of Avon, Colorado, and urge all Avon citizens to congratulate and thank Mike for his public service. PROCLAIMED THIS 25th day of August 2020 TOWN OF AVON BY: ATTEST: ________________________________ ____________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk OFFICIAL PROCLAMATION TOWN OF AVON, COLORADO HONORING MARIO MEDINA FOR HIS YEARS OF SERVICE WHEREAS, Mario Medina, as Avon’s Maintenance Operator I, has been committed to the highest levels of performance and customer service, and a respected and valuable employee since October 2, 2001, when he joined the Town; and WHEREAS, Mario’s extensive knowledge of Public Works practices allowed him to maintain the Town’s irrigation, mowing, snow removal and train other employees on irrigation maintenance; and WHEREAS, during these eighteen years Mario’s commitment to providing timely, consistent, and complete information in a responsive, professional and genuinely friendly manner has resulted in positive relations and respect from his peers and Town contractors; and WHEREAS, Mario’s unyielding commitment to support the work of the Public Works Department with reliable and timely information; kindness, compassion, and positive attitude; and willingness to address challenges with the promotion of camaraderie has gained him the greatest admiration with his co-workers; and WHEREAS, Mario’s years of service have been marked by unprecedented dedication to the best interests of the Public Works Department and the Town of Avon, his presence will be deeply missed by his co-workers in the Public Works Department and members of staff who have benefitted from his knowledge, experience and friendship during the past eighteen years. NOW, THEREFORE BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: By virtue of Mario Medina’s years of dedication and service to the Town of Avon and its citizens, we, the Avon Town Council, proclaim August 26, 2020, as “MARIO MEDINA DAY”, in the Town of Avon, Colorado, and urge all Avon citizens to congratulate and thank Mario for his public service. PROCLAIMED THIS 26th day of August 2020 TOWN OF AVON BY: ATTEST: ________________________________ ____________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council members FROM: Paul Wisor, Town Attorney RE: Ordinance 20-13 and Resolution 20-22 DATE: August 16, 2020 SUMMARY: At its August 11, 2020 meeting, Council provided direction to staff to draft a proposed amendment to the Town’s Home Rule Charter to provide members of Council may decrease their compensation during their term in office or decline such pay. BACKGROUND: Section 4.8 of the Charter prohibits a member of Council from decreasing or declining a salary during their term of service on Council. Specifically, Section 4.8 of the Charter provides “[t]he members of the Council shall receive such compensation, and the Mayor such additional compensation, as the Council shall prescribe by ordinance; provided, however, that the compensation of any member during his or her term of office shall not be increased or decreased.” ANALYSIS: The proposed amendment would permit members of Council to decrease their compensation during their term or decline such compensation. Once a Council member has decreased or declined such compensation, the Council member is prohibited from increasing their compensation during their term in office. State statute provides amendments to the charter be referred by ordinance. State statute further provides the Town Clerk, acting as the designated election official, must certify the ballot content to the Eagle County Clerk and Recorder by September 4, 2020. Finally, state statute provides any ballot initiative may be referred to the registered voters by resolutions. Given the Chapter VI of the Charter requires two readings of an ordinance and provides any ordinance is effective thirty days after adoption, it would not be possible for Council to place the proposed Charter amendment on the ballot by the September 4, 2020 deadline via Ordinance 20-13. As such, Council is asked to adopt Ordinance 20-13, which will become effective on October 8, 2020, the day before ballots will be mailed. In order to meet the September 4, 2020 deadline, Resolution 20-22 directs the Town Clerk to certify the ballot content to the Eagle County Clerk and Recorder, including the proposed amendment to the Charter, on or before September 4, 2020, so the proposed Charter amendment will appear on the November 3, 2020 ballot. It would be possible for Council to act by an emergency ordinance and meet the September 4, 2020 deadline, but Council has expressed a preference in the past for reserving such emergency actions for true emergencies. FINANCIAL CONSIDERATIONS: There is no financial impact to the Town. RECOMMENDATION: Staff recommends adoption of Ordinance 20-13 and Resolution 20-22. OPTIONS: Council should adopt Ordinance 20-13 first and then adopt Resolution 20-22. PROPOSED MOTION: Ordinance 20-13: “I move to approve on First Reading Ordinance 20-13, referring a proposed amendment to the Avon Home Rule Charter regarding compensation of members of Town Council to an election of the Page 2 of 2 registered electors of the Town of Avon, and set a public hearing for second reading on September 8, 2020.” Resolution 20-22: “I move to approve Resolution 20-22, referring a proposed amendment to the Avon Home Rule Charter regarding compensation of members of Town Council to an election of the registered electors of the Town of Avon.” Paul Wisor ATTACHMENTS: Ordinance 20-13 Resolution 20-22 Ord 20-13 Amendment to Charter Relating to Council Compensation [Draft: August 25, 2020] Page 1 of 4 ORDINANCE NO. 20-13 REFERRING A PROPOSED AMENDMENT TO THE AVON HOME RULE CHARTER REGARDING COMPENSATION OF TOWN COUNCIL TO AN ELECTION OF THE TOWN OF AVON 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 C.R.S. §31-2-210(1)(b) the Avon Town Council (the “Council”) may initiate the amendment of the Avon Home Rule Charter (the “Charter”) by adopting an ordinance to refer proposed Charter amendments to a vote of the registered electors of the Town of Avon; and WHEREAS, Section 4.8 of the Charter provides “[t]he members of the Council shall receive such compensation, and the Mayor such additional compensation, as the Council shall prescribe by ordinance; provided, however, that the compensation of any member during his or her term of office shall not be increased or decreased”; and WHEREAS, Section 4.8 of the Charter prohibits a member of Council from decreasing or declining a salary during their term of service on Council; and WHEREAS, Council believes members of Council should be able to reduce their compensation or decline such compensation during their term in office; and WHEREAS, the Council submits the following amendment to the Charter to a vote of the registered electors of the Town; and WHEREAS, the Town Council adopts the ballot title of “Amendment to Avon Home Rule Charter Regarding Decrease in Compensation of Members of Council”; and WHEREAS, the election to adopt the amendment will take place at the next regular election, to be held on November 3, 2020; and WHEREAS, if a majority of the electors approve the amendment, the Charter will thereby be amended; 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. Ord 20-13 Amendment to Charter Relating to Council Compensation [Draft: August 25, 2020] Page 2 of 4 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. Ballot Question. The Town Council hereby refers the following ballot question to the voters of the Town of Avon: “SHALL THE Home Rule Charter of the Town of Avon be amended by amending and readopting Section 4.8 – Compensation, as follows: Section 4.8 - Compensation. The members of the Council shall receive such compensation, and the Mayor and Mayor Pro-Tem, such additional compensation, as the Council shall prescribe by ordinance. ; provided, however, that the compensation of any member during his or her term of office shall not be increased or decreased. The compensation of any Council member may not be increased or decreased by Council during such Council member’s term in office. A Council member may individually and unilaterally choose in writing to decrease or decline that Council member’s compensation temporarily or for the remainder of that Council member’s term. The Mayor and Council may, upon order of the Council, be paid their actual and necessary expenses incurred in the performance of their duties of office?” 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 become effective on the first day of the month that is at least thirty (30) days after date of its adoption. Section 5. 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 Ord 20-13 Amendment to Charter Relating to Council Compensation [Draft: August 25, 2020] Page 3 of 4 substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 6. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 20-13 Amendment to Charter Relating to Council Compensation [Draft: August 25, 2020] Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 25, 2020 and setting such public hearing for September 8, 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 September 8, 2020. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney Res 20-22 Amendment to Charter Relating to Council Compensation Page 1 of 3 RESOLUTION 20-22 SERIES 2020 REFERRING A PROPOSED AMENDMENT TO THE AVON HOME RULE CHARTER REGARDING COMPENSATION OF TOWN COUNCIL TO AN ELECTION OF THE TOWN OF AVON WHEREAS, Section 4.8 of the Town of Avon (the “Town”) Home Rule Charter (the “Charter”) provides “[t]he members of the Council shall receive such compensation, and the Mayor such additional compensation, as the Council shall prescribe by ordinance; provided, however, that the compensation of any member during his or her term of office shall not be increased or decreased”; and WHEREAS, Section 4.8 of the Charter prohibits a member of Avon Town Council (the “Council”) from decreasing or declining a salary during their term of service on Council; and WHEREAS, Council believes members of Council should be able to reduce their compensation or decline such compensation during their term in office; and WHEREAS, C.R.S. §31-11-111(2) authorizes the Town to submit any question to the vote of the registered voter of the municipality by adoption of a resolution; and WHEREAS, C.R.S. §1-5-203(3)(a) provides the designated election official of each political subdivision must certify the ballot order and content for the 2020 General Election by September 4, 2020; and WHEREAS, C.R.S. §31-2-210(1)(b) provides the Town may initiate the amendment of the Avon Home Rule Charter (the “Charter”) by adopting an ordinance to refer proposed Charter amendments to a vote of the registered electors of the Town of Avon; WHEREAS, Council adopted Ordinance 20-13 at First Reading and setting a public hearing for September 8, 2020, which Ordinance 20-13 will submit the question of amending the Charter as set forth below to the registered electors of the Town; and WHEREAS, Council desires to direct the Town Clerk, as designated election official, to include the following amendment to the Charter in the ballot content to be submitted to a vote of the registered electors of the Town; and WHEREAS, the Town Council adopts the ballot title of “Amendment to Avon Home Rule Charter Regarding Decrease in Compensation of Members of Council”; and WHEREAS, the election to adopt the amendment will take place at the next regular election, to be held on November 3, 2020; and WHEREAS, if a majority of the electors approve the amendment, the Charter will thereby be amended; and WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. Res 20-22 Amendment to Charter Relating to Council Compensation Page 2 of 3 NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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. Ballot Question. The Town Council hereby refers the following ballot question to the voters of the Town of Avon: “SHALL THE Home Rule Charter of the Town of Avon be amended by amending and readopting Section 4.8 – Compensation, as follows: Section 4.8 - Compensation. The members of the Council shall receive such compensation, and the Mayor and Mayor Pro-Tem, such additional compensation, as the Council shall prescribe by ordinance. ; provided, however, that the compensation of any member during his or her term of office shall not be increased or decreased. The compensation of any Council member may not be increased or decreased by Council during such Council member’s term in office. A Council member may individually and unilaterally choose in writing to decrease or decline that Council member’s compensation temporarily or for the remainder of that Council member’s term. The Mayor and Council may, upon order of the Council, be paid their actual and necessary expenses incurred in the performance of their duties of office?” Section 3. Town Clerk is Designated Election Official. The Town Clerk is hereby appointed as the designated election official of the Town for performing acts required or permitted by law in connection with the election. The Town Clerk is hereby directed to certify the ballot content, including the amendment set forth herein, to the Eagle County Clerk and Recorder. [SIGNATURE PAGE FOLLOWS] Res 20-22 Amendment to Charter Relating to Council Compensation Page 3 of 3 ADOPTED this 25th day of August 2020. AVON TOWN COUNCIL By: __________________________________ Sarah Smith-Hymes, Mayor Attest: ________________________________ Brenda Torres, Town Clerk 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council members FROM: Paul Wisor, Town Attorney RE: Resolution 20-21 - Gallagher Stabilization Question DATE: August 21, 2020 SUMMARY: This report 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 proposed Resolution 20- 21 which 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 Page 2 of 3 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 mill levy increase. However, TABOR requires the Town to seek voter approval prior to any tax increase, including a mill rate increase. 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 Gallagher is not 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 Page 3 of 3 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 the question set forth in Resolution 20-21: WITHOUT RAISING THE MILL LEVY FOR THE 2021 TAX COLLECTION YEAR, SHALL THE AVON TOWN COUNCIL HAVE THE AUTHORITY TO ADJUST THE TOWN OF AVON’S MILL LEVY RATE THEREAFTER AS NEEDED FOR THE SOLE PURPOSE OF MAINTAINING REVENUES THAT MAY OTHERWISE BE LOST AS A RESULT OF STATE IMPOSED REDUCTIONS IN THE RATIO OF ASSESSED PROPERTY TAX VALUATIONS SO THAT THE ACTUAL TAX REVENUES GENERATED BY THE TOWN’S MILL LEVIES ARE THE SAME AS THE REVENUES THAT WOULD HAVE BEEN GENERATED HAD THE STATE NOT IMPOSED SUCH REDUCTIONS, IN ORDER TO ALLOW THE TOWN TO SUSTAIN SERVICES TO THE AVON COMMUNITY? RECOMMENDATION: 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. It should also be noted that were the ballot question to pass, and Council were to raise the mill levy in the future to stabilize residential property tax revenues, the increase in the mill levy would also impact commercial property owners. Unlike residential property owners, whose assessment rates drop, the assessment rate for commercial property will remain the same if Gallagher remains. Thus, an increase in the mill levy would leave residential owners in the same position, but would increase the tax burden of a commercial property owners. OPTIONS: Vote on Resolution 20-21 or take no action. State statute requires the ballot be certified on or before September 4, 2020, so Council could not take further action without a special meeting. PROPOSED MOTION: “I move to approve Resolution 20-21, referring a Gallagher stabilization ballot question to the voters of the Town of Avon.” Thank you, Paul Wisor ATTACHMENTS: Resolution 20-21 Res 20-21 Referring to the Voters a Gallagher Stabilization Ballot Question Page 1 of 3 RESOLUTION 20-21 SERIES 2020 REFERRING A PROPOSED GALLAGHER STABLIZTION BALLOT QUESTION TO AN ELECTION OF THE TOWN OF AVON WHEREAS, C.R.S. §31-11-111(2) authorizes the Town of Avon (the “Town”) to submit any question to the vote of the registered voter of the municipality by adoption of a resolution; and WHEREAS, C.R.S. §1-5-203(3)(a) provides the designated election official of each political subdivision must certify the ballot order and content for the 2020 General Election by September 4, 2020; and WHEREAS, pursuant to Section 39-1-111 C.R.S., the Town shall be authorized by order of the Town Council to levy against the valuation for assessment of all taxable property the requisite property taxes for all purposes required by law; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer’s Bill of Rights (“TABOR”) requires voter approval for any new tax, increase in any tax rate, mill levy above that for the prior year, valuation for assessment ratio increase for a property class, extension of an expiring tax, or a tax policy change causing a net revenue gain, the creation of any debt, and the spending of certain funds above limits established by TABOR; and WHEREAS, pursuant to the Avon Home Rule Charter, state and federal law, the Town will participate in a coordinated election on November 3, 2020; and WHEREAS, the coordinated election to be held on November 3, 2020, is one of the election dates at which TABOR ballot issues may be submitted to the registered electors of the Town of Avon; and WHEREAS, the Town Council is of the opinion that it should refer to the voters at the November 3, 2020, coordinated election a TABOR ballot issue concerning a change to the Town’s tax mill levy to stabilize revenue in the event of a change to the residential assessment rate due to Article X, Section 3 of the Colorado Constitution as set forth herein. WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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. Ballot Question. The Town Council hereby refers the following ballot question to the voters of the Town of Avon: “WITHOUT RAISING THE MILL LEVY FOR THE 2021 TAX COLLECTION YEAR, SHALL THE AVON TOWN COUNCIL HAVE THE AUTHORITY TO ADJUST THE TOWN OF AVON’S MILL LEVY RATE THEREAFTER AS NEEDED FOR THE Res 20-21 Referring to the Voters a Gallagher Stabilization Ballot Question Page 2 of 3 SOLE PURPOSE OF MAINTAINING REVENUES THAT MAY OTHERWISE BE LOST AS A RESULT OF STATE IMPOSED REDUCTIONS IN THE RATIO OF ASSESSED PROPERTY TAX VALUATIONS SO THAT THE ACTUAL TAX REVENUES GENERATED BY THE TOWN’S MILL LEVIES ARE THE SAME AS THE REVENUES THAT WOULD HAVE BEEN GENERATED HAD THE STATE NOT IMPOSED SUCH REDUCTIONS, IN ORDER TO ALLOW THE TOWN TO SUSTAIN SERVICES TO THE AVON COMMUNITY?” Section 3. Town Clerk is Designated Election Official. The Town Clerk is hereby appointed as the designated election official of the Town for performing acts required or permitted by law in connection with the election. The Town Clerk is hereby directed to certify the ballot content, including the ballot question set forth herein, to the Eagle County Clerk and Recorder. [SIGNATURE PAGE FOLLOWS] Res 20-21 Referring to the Voters a Gallagher Stabilization Ballot Question Page 3 of 3 ADOPTED this 25th day of August 2020. AVON TOWN COUNCIL By: __________________________________ Sarah Smith-Hymes, Mayor Attest: ________________________________ Brenda Torres, Town Clerk 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council members FROM: Paul Wisor, Town Attorney RE: Resolution 20-20 - RETT Application Fee Increase DATE: August 16, 2020 SUMMARY: Resolution 20-20 increases Real Estate Transfer Tax (“RETT”) primary residence exemption application fees from $26.00 to $30.00. BACKGROUND: The Town of Avon (the “town”) has traditionally charged a fee in connection with applications for primary residence exemptions from the Town’s RETT. This fee covers the actual costs incurred by the Town in recording documents with the Eagle County Clerk and Recorder. When a property owner is granted a primary residence exemption the Town is required to file a lien on the subject property, and then must again file a document releasing the lien when the applicable primary residency requirements have been met. In 2019, Eagle County increased electronic filing fees from $13.00 per filing to $15.00 per filing. ANALYSIS OF PROPOSED RESOLUTION: The $4.00 increase in RETT exemption application fees will cover the Town’s actual cost in filing the required lien and subsequently releasing the lien. Section 3.12.070(g) provides Council must “adopt a resolution setting fees for the processing and reviewing of applications . . . as is determined reasonably necessary to recover the costs incurred by the Town.” FINANCIAL CONSIDERATIONS: Resolution 20-20 does not create any fiscal obligation for the Town, but does increase the fee paid by property owners by $4.00. RECOMMENDATION: Staff recommends adoption of Resolution 20-20 PROPOSED MOTION: “I move to approve Resolution 20-20, increasing application fees for primary residence exemptions from the Real Estate Transfer Tax from $26.00 to $30.00.” Thank you, Paul Wisor ATTACHMENTS: Resolution 20-20 Res 20-20 Approving Increase in RETT Application Fees Page 1 of 3 RESOLUTION 20-20 SERIES 2020 APPROVING AN INCREASE IN REAL ESTATE TRANSFER TAX EXEMPTION APPLICATION FEES WHEREAS, pursuant to Section 3.12 of the Avon Municipal Code (the “AMC”), the Town of Avon, (the “Town”) imposes a two percent (2%) Real Estate Transfer Tax (the “RETT”) on all transfers of real property within the Town; and WHEREAS, pursuant to Section 3.12.060 of the AMC, the Town grants certain exemptions from the RETT, including exemptions based on the use of the transferred property as the property owner’s primary residence (the “Primary Residence Exemptions”); and WHEREAS, pursuant to the Primary Residence Exemptions, the Town files a lien on a property owner’s property when such property owner seeks a primary residence exemption from the RETT and then releases the lien upon satisfaction of the applicable residency requirement in the Primary Residence Exemptions; and WHEREAS, the fees charged by the Eagle County Clerk and Recorder for filing and releasing a lien have increased from $13.00 to $15.00; and WHEREAS, the Town currently charges an application fee of $26.00, which amount now does not cover the Town’s actual cost of filing the relevant lien and releasing such lien; and WHEREAS Section 3.12.070(g) of the AMC provides Council must “adopt a resolution setting fees for the processing and reviewing of applications . . . as is determined reasonably necessary to recover the costs incurred by the Town”; and WHEREAS, Town Council now desires to increase the application fee for Primary Residence Exemptions from $26.00 to $30.00; and WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Res 20-20 Approving Increase in RETT Application Fees Page 2 of 3 Section 1. The Town Council hereby approves the increase in the application fee for Primary Residence Exemptions from $26.00 to $30.00. Section 2. This Resolution shall take effect immediately upon its passage. [SIGNATURE PAGE FOLLOWS] Res 20-20 Approving Increase in RETT Application Fees Page 3 of 3 ADOPTED this 25th day of August 2020. AVON TOWN COUNCIL By: __________________________________ Sarah Smith-Hymes, Mayor Attest: ________________________________ Brenda Torres, Town Clerk 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council members FROM: Paul Wisor, Town Attorney RE: Ordinance 20-12 - Code Updates to Liquor Code DATE: August 16, 2020 SUMMARY: Ordinance 20-12 makes minor technical changes to the Avon Municipal Code to reflect recodification of the beer, liquor and special event provisions in state statute. BACKGROUND: In 2018, the General Assembly recodified the State of Colorado’s beer, liquor, and special event codes from Title 12 of the Colorado Revised Statutes to a newly created Title 44, but did not make substantive changes to these statutes. The Avon Municipal Code still makes reference to Title 12. Ordinance 20-12 updates the AMC to make relevant reference to Title 44. Ordinance 20-12 makes no substantive changes. FINANCIAL CONSIDERATIONS: Ordinance 20-12 does not create any financial obligation for the Town. RECOMMENDATION: Staff recommends adoption of Ordinance 20-12 PROPOSED MOTION: “I move to approve on First Reading Ordinance 20-12, reflecting changes to references to recodified state provisions addressing Colorado’s beer, liquor, and special event rules, and set a public hearing for second reading on September 8, 2020.” Thank you, Paul Wisor ATTACHMENTS: Ordinance 20-12. Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 1 of 4 ORDINANCE NO. 20-12 Series 2020 AMENDING TITLE 5, TITLE 8 AND TITLE 9 OF THE AVON MUNICIPAL CODE IN CONNECTION WITH AMENDMENTS TO THE STATE OF COLORADO BEER, LIQUOR AND SPECIAL EVENT PERMIT CODES WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Colorado HB 18-102, which recodifies the State of Colorado’s beer, liquor, and special event permit codes from Title 12 of the Colorado Revised Statutes to the newly created Title 44, but did not make substantive changes to these statutes, was signed into law and took effect on October 1, 208; and WHEREAS, the Town’s Municipal Code contains numerous references to various provisions of the Colorado Beer Code, the Colorado Liquor Code, and the Colorado Special Event Liquor Permit Code; and WHEREAS, it is necessary to change the references to such codes contained in the Town Municipal Code to reflect to recodification of said codes from Title 12 of the Colorado Revised Statutes to Title 44 of the Colorado Revised Statutes; 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. The following sections of the Town Municipal Code are amended to read as follows with strike-out indicating language to be deleted and underline indicating language to be adopted: Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 2 of 4 5.08.010 – Purpose Pursuant to the authority of Articles 47 and 48 3, 4, and 5 of Title 12 44, C.R.S., 1973, as amended, which are specifically adopted by the Town, this Chapter is enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the Town by regulating, controlling and licensing the sale of malt, vinous and spirituous liquors. 5.08.020 - Local Licensing Authority—establishment. There is created and established a Local Liquor Licensing Authority for the Town which shall have and is vested with the authority to grant or refuse licenses for the retail sale of malt, vinous and spirituous liquors, as provided by law, to conduct investigations in connection therewith, and to suspend or revoke such licenses for cause in the manner provided by law. The Local Liquor Licensing Authority shall have all the powers and authority granted by Title 12 44, Articles 47 and 48 3, 4, and 5, C.R.S., 1973, as amended, and by the terms and provisions of this Chapter. 5.08.090 - Application—requirements. No application shall be deemed complete unless accompanied by the following: (1) An oath or affirmation that all information submitted has been given fully, accurately, truthfully and without concealment of any material fact or facts; (2) All forms required by the state licensing authority, complete in every detail; (3) Payment in full of the Town and state license fees and an additional five-hundred- dollar fee for the actual and necessary expenses of processing the application, conducting an investigation, conducting a public hearing and for publishing and posting the required notice of such hearing; (4) If the applicant is a partnership, a certificate of copartnership, except as between husband and wife; (5) If the applicant is a corporation, a copy of its articles of incorporation and in addition the names and addresses of all persons holding stock, and, if a foreign corporation, evidence of its qualification to do business in this State; (6) Three (3) character reference letters for any manager of the proposed establishment; (7) Copies of any contract or agreement which confers a power or authority upon any party to manage, operate or supervise the affairs of the proposed establishment and the acts of its servants, whether such a contract or agreement is presently in effect or whether it is intended to become effective following issuance of a license; (8) Information concerning the financial and management interests of persons connected with the business and copies of documents governing the terms and conditions of Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 3 of 4 ownership, management and right to the possession of the premises proposed to be licensed; (9) An affidavit stating that the outlet is not located within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary, as computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which the liquor is to be sold, using a route of direct pedestrian access; (10) A statement that the following persons have presented themselves to the Police Department for fingerprinting and the taking of whatever other information may be required by that Department: a. If the applicant is a natural person, that person, b. If the applicant is a partnership, all of the partners, c. If the applicant is a corporation, both the officers and directors, together with any person owning more than ten percent (10%) of the stock thereof, d. Irrespective of the identity of the applicant, the manager of the proposed establishment; (11) Any other information, document or form which the authority deems necessary to carry out its duties as set forth in Title 12 44, Articles 47 and 48 3, 4, and 5, C.R.S., 1973, as amended, and all applicable regulations. 5.08.110 - Hearing—scheduling—notice—attendance. (a) Upon receipt of the application material referred to in Sections 5.08.080 through 5.08.100, the Town Clerk shall place the license application on the agenda for the next meeting of the Local Liquor Licensing Authority to be held no sooner than thirty (30) days from the receipt of the application material. (b) Following the receipt of the application material, complete and correct in every detail, the Town Clerk shall, in accordance with the provisions of Section 12-47-136 44-3-311, C.R.S. 1973, as amended, publish and post the required notices. (c) The following persons shall be in attendance at the meeting of the Local Liquor Licensing Authority at which the application is considered: (1) If the applicant is an individual, that individual; or (2) If the applicant is a partnership, any partner; or (3) If the applicant is a corporation, any officer of the corporation; or (4) Counsel for the applicant. It is also recommended that the manager of the proposed establishment be in attendance at this hearing, and, if a manager has been selected or retained, the Authority may require his or her attendance. The Authority may also require the attendance of such other person or persons as it Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 4 of 4 deems necessary or desirable, and may, within its discretion, waive attendance by any one (1) or more of the designated persons. 5.08.140 - Renewal applications—timeliness—procedure upon submission—factors to be considered by Authority—notice to licensee. (a) All renewal applications for malt, vinous and spirituous liquor licenses shall be submitted on the prescribed forms no later than forty-five (45) days prior to the date on which the license expires; except that the Local Liquor Licensing Authority may, for good cause shown, waive this time requirement. (b) The proper fees and such additional material as the Local Liquor Licensing Authority may deem necessary shall accompany the renewal application. This material shall be submitted to and filed with the Town Clerk, who shall officially accept no application that is not complete in every detail. Any application determined to be incomplete by the Town Clerk shall be returned to the applicant for completion or correction without any additional action on the part of the Town Clerk or the Local Liquor Licensing Authority. Should any application for renewal be received less than forty-five (45) days prior to the date on which the license expires, it shall be deemed a late application, but, as indicated in Subsection (a) of this Section, this time requirement may be waived. Neither the Town Clerk nor the Local Liquor Licensing Authority shall in any way be responsible for the failure of a license to issue by the expiration date. Further, nothing in this Chapter shall serve as authority for any sale at retail of alcoholic beverages without a license obtained pursuant to this Chapter and the provisions of Title 12 44, Article 47 3, Colorado Revised Statutes, 1973, as amended. (c) Upon receiving a completed renewal application, the Town Clerk shall forward the entire file of the applicant, including the renewal application to the Local Liquor Licensing Authority for consideration. (d) At its next meeting following receipt of the completed renewal application, the Local Liquor Licensing Authority shall consider the renewal request and application. Unless evidence to the contrary is presented to the Local Liquor Licensing Authority, the presumption will be that the premises for which renewal is sought do comply with the provisions of the Colorado Liquor Code, that the character of the renewal applicant is acceptable and that the renewal of the license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the inhabitants thereof. In such a case, the Local Liquor Licensing Authority shall approve the renewal application and forward such application and the required fees to the state licensing authority no later than fifteen (15) days prior to the expiration date of the application. (e) If, prior to the meeting at which renewal is to be considered, there is any evidence that any of the presumptions contained in Subsection (d) of this Section do not apply, whether such evidence is called to his or her attention by the Police Chief, Town Attorney, a citizen or by someone else, the Town Clerk shall attempt to notify the applicant for renewal of the nature of such evidence. If any such evidence is presented at the renewal hearing, the applicant may request a continuation of the hearing in order to respond. The granting of such a continuation shall be discretionary with the chairperson of the Local Liquor Licensing Authority. Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 5 of 4 (f) The Town Clerk may review and approve renewal applications without conducting a public hearing provided that the (1) the Application is complete, (2) there are no new liquor license violations during the last year, (3) there is no new activity on the criminal background check, (4) there is no evidence that the premises for which renewal is sought does not comply with the provisions of the Colorado Liquor Code, and (5) there is no request for a public hearing before the Local Liquor Licensing Authority. The Town Clerk shall publish notice of the renewal application at least seven days before taking action and such notice shall state that comments may be submitted to the Town Clerk. The Town Clerk may refer any renewal application to the Local Liquor Licensing Authority in the Town Clerk's sole discretion. Administrative approval of renewal applications shall be reported to the Avon Town Council. 5.08.160 - Suspension and revocation—written complaints. (a) The Local Liquor Licensing Authority has the power and authority upon its own motion or complaint to: (1) Summarily suspend any license for a period of fifteen (15) days, pursuant to Section 12-47-110 44-3-601, C.R.S., 1973, as amended, and (2) Upon notice to the licensee, and following a public hearing at which all parties in interest shall have an opportunity to be heard, suspend any license for a period not to exceed six (6) months or to revoke such license. Hearings conducted in connection with such procedures shall be held in accordance with the provisions of this Chapter. (3) Fine in lieu of suspension. a. Whenever a decision suspending a retail license for fourteen (14) days or less becomes final, whether by failure of the retail licensee to appeal the decision or by exhaustion of all appeals and judicial review, the retail licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having his or her retail license suspended for all or part of the suspension period. Upon the receipt of the petition the Local Liquor Licensing Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if it is satisfied: 1. That the public welfare and morals would not be impaired by permitting the retail licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; 2. That the books and records of the retail licensee are kept in such a manner that the loss of sales of alcoholic beverages which the retail licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and 3. That the retail licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the retail license. Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 6 of 4 b. The fine accepted shall be the equivalent to twenty percent (20%) of the retail licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension; except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). c. Payment of any fine pursuant to the provisions of this Subsection shall be in the form of cash or in the form of a certified check or cashier's check made payable to the Local Liquor Licensing Authority. (4) Upon payment of the fine pursuant to Subsection (a)(3) of this Section, the Local Liquor Licensing Authority shall enter its further order permanently staying the imposition of the suspension. The governing body of the Authority shall cause such moneys to be paid into the general fund of the Local Liquor Licensing Authority. (5) In connection with any petition pursuant to Subsection (a)(3) of this Section, the Local Liquor Licensing Authority is limited to the granting of such stays as are necessary for it to complete its investigation and make its findings and, if it makes such findings, to the granting of an order permanently stayed, the suspension shall go into effect on the operative date finally set by the Local Liquor Licensing Authority. (b) The Town Clerk, as secretary to the Local Liquor Licensing Authority, shall receive written complaints concerning establishments licensed pursuant to the terms of this chapter. Such complaints shall be placed in the file pertaining to that licensee and presented to the Local Liquor Licensing Authority as the seriousness and urgency of the matter complained of demands. 5.08.170 - Special events permits—procedure. (a) The procedures and requirements for special events permits in Section 12-48-101 44-5- 101, et seq., C.R.S., as enacted and elected in this Section, shall apply to special event permit applications. (b) Pursuant to Section 12-48-107 44-5-107(5)(a), the Local Licensing Authority elects not to notify the state licensing authority to obtain the state licensing authority's approval or disapproval of applications for special event permits. The Local Licensing Authority shall report to the state liquor enforcement division within ten (10) days after issuing a special event permit the following information: (1) the name of the organization to which the permit was issued; (2) the address of the permitted location; and (3) the permitted dates of alcohol beverage service. (c) Upon receipt of an application for a special event permit, the Local Licensing Authority shall, as required by Section 12-48-107 44-5-107(5)(c), C.R.S., access information made available on the state licensing authority's website to determine the statewide permitting activity of the organization applying for the permit. The Local Licensing Authority shall consider compliance with the provisions of Section 12-48-105 44-5-105(3), C.R.S., which restricts the special event permits issued to any organization to no more than fifteen (15) days in one (1) calendar year, before approving any application. Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 7 of 4 (d) Each application for a special event permit shall be accompanied by an application fee in an amount equal to the maximum local licensing fee established by Section 12-48-107 44-5- 107(2), C.R.S. (e) The Town Clerk may review and approve special event applications without conducting a public hearing provided that the (1) the Application is complete, (2) there are no liquor license violations during the last five years, (3) there is no criminal activity indicated on the criminal background check, (4) the special event permit application is for an event approved by the Avon Town Council on Town property which indicated the time, date and location of the event, and (5) there is no request for a public hearing before the Local Liquor Licensing Authority. The Town Clerk shall publish notice of the special event permit application at least seven days before taking action and such notice shall state that comments may be submitted to the Town Clerk. The Town Clerk may refer any renewal application to the Local Liquor Licensing Authority in the Town Clerk's sole discretion. Administrative approval of special event applications shall be reported to the Avon Town Council. 5.08.190 - Temporary permits. (a) Purpose. This Section is enacted in accordance with Sections 12-46-106.5 and 12-47- 106.5 44-3-303, C.R.S., which authorize a local licensing authority, at its discretion, to issue a temporary permit to a transferee of a fermented malt beverage license or a liquor license issued by the State Licensing Authority. (b) Temporary permit. The Local Liquor Licensing Authority of the Town is hereby authorized to issue a temporary permit to a transferee of a fermented malt beverage license or of any class of liquor license which shall authorize the transferee to continue selling such fermented malt beverages or alcoholic beverages as permitted under the permanent license during the period of which an application to transfer the ownership of the license is pending. (c) Conditions. A temporary permit shall authorize the transferee to conduct business and sell either fermented malt beverages or alcoholic beverages, as the case may be, at retail in accordance with the license of the transferor subject to compliance with all of the following conditions: (1) The premises where such fermented malt beverages or alcoholic beverages are sold shall have been previously licensed by the state and Local Liquor Licensing Authority and such license shall have been valid at the time the application for transfer of ownership was filed with the Local Liquor Licensing Authority. (2) The applicant has filed with the Local Liquor Licensing Authority on forms provided by the Department of Revenue a completed application for the transfer of the fermented malt beverage license or the liquor license. (3) The application for a temporary permit shall be filed no later than thirty (30) days after the filing of the application for transfer of ownership and shall be accompanied by a temporary permit fee of one hundred dollars ($100.00). (d) Process. The temporary permit set forth in this Section may be granted by the Town Clerk with the verbal approval of the chairman of the Local Liquor Licensing Authority and if the chairman is not available such approval may be given by any member of the Local Liquor Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 8 of 4 Licensing Authority. If so granted, the temporary permit shall be issued within five (5) working days after the receipt of the completed application. A temporary permit issued in accordance with this Section shall be valid until such time as the application to transfer ownership of the license to the applicant is granted or for one hundred twenty (120) days, whichever shall occur first; except that, if the application to transfer the license has not been granted within the one-hundred-twenty-day period and the transferee demonstrates good cause, the Local Liquor Licensing Authority may extend, in its discretion, the validity of said permit for an additional period not to exceed sixty (60) days. (e) Bankruptcy. A temporary permit may also be authorized in the event of a transfer of possession of the licensed premises by operation of law, a petition in bankruptcy pursuant to federal bankruptcy law, the appointment of a receiver, a foreclosure action by a secured party, or a court order dispossessing the prior licensee of all rights of possession pursuant to Article 40 of Title 13, C.R.S. (f) Cancellation. A temporary permit issued in accordance with this Section may be canceled, revoked or summarily suspended if the local or state licensing authority determines that there is probable cause to believe that the transferee has violated any provision of this Article or has violated any rule or regulation adopted by the local or state licensing authority or has failed to truthfully disclose those matters required pursuant to the application forms required by the Department of Revenue. 5.08.200 - Alcoholic beverage tasting. In accordance with Section 12-47-301 44-3-301(10)(a), C.R.S., retail liquor store and liquor- licensed drugstore licensees are authorized to conduct alcoholic beverage tastings subject to the limitations contained in Section 12-47-301 44-3-301 (10), C.R.S., and subject to no additional limitations. No further application shall be required prior to the conducting of tastings. 8.25.020 – Definitions – the following definition is contained in this Section is amended as follows: Restaurant means any coffee shop, cafeteria, sandwich stand, open food stand, private and public school cafeteria and any other eating establishment which gives or offers food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that restaurant shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar as defined above. A facility shall conclusively be considered to be a restaurant for the purposes of this Chapter, regardless of the category of liquor license under which that facility operates, if such facility: a. Serves malt, vinous and/or spirituous liquors; and b. Includes a restaurant, as defined by Section 12-47-103(30) 44-3-103(47), C.R.S., or operates a kitchen used for preparing meals, as defined by Section 12-47- 103(20), C.R.S. Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 9 of 4 As used in this Chapter, restaurant shall include any outdoor seating or serving areas within the exterior walls, fences or otherwise defined limits thereof. 8.38.060 - Exemptions. A. A retailer may provide a disposable paper bag to a customer with no fee if the customer provides proof that he or she is a participant in a federal or state food assistance program. B. A retail liquor store, as defined in C.R.S. § 12-47-103(31) 44-3-103(48), may provide a disposable paper bag to a customer with no fee if the disposable paper bag is provided for the containment of carry-out alcoholic beverages as defined in C.R.S. § 12-47-103 44-3-103 (2). 9.12.080 - Drinking on public property and public rights-of-way without permit prohibited. (a) It is unlawful for any person to consume any malt, vinous or spirituous liquors or fermented malt beverages upon any street, alley, sidewalk, park, public property, public building or public parking lot in the Town or in any vehicle upon such places unless authorized in this Section 9.12.080. (b) It is unlawful for any person to possess or have in his or her possession or under his or her control in or upon any street, alley, sidewalk, park, public building or public parking lot in the Town, any malt, vinous or spirituous liquors or fermented malt beverages in any container of any kind or description which has been opened or which is not sealed or upon which the seal is broken, except in areas permitted pursuant to Subsection (c) of this Section. The word sealed means the regular seal applied by the United States Government over the cap of all malt, vinous or spirituous liquors or fermented malt beverages. It shall not be unlawful for any person to have in his or her possession or under his or her control one (1) opened container of vinous liquor removed from a licensed premises pursuant to Section 12- 47-411(3.5) 44-3-413, C.R.S. (c) Consumption and possession of malt, vinous or spirituous liquors or fermented malt beverages on public property and/or public rights-of-way is permitted under the following limited circumstances: (1) Pursuant to the time, location and limitations of a special events permit that has been issued pursuant to Article 48 5, Title 12 44, C.R.S.; (2) Pursuant to a private event permit when such person is a member or guest of a qualifying organization and which event meets the qualifications for exemption from special event permits pursuant to Section 12-48-108 44-5-108, C.R.S., except that the consumption of spirituous liquors shall not be permitted by any person at an event which meets the qualifications for exemption from special event permits pursuant to Section 12-48-108 44-5-108, C.R.S.; and, (3) Pursuant to a private event permit that meets the minimum requirements of Section 9.40.040. Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 10 of 4 (4) Pursuant to a designation by the Town Council or the Town Manager to permit persons who are at least twenty-one years of age to bring and consume malt, vinous or spiritous liquors or fermented malt beverages on town owned properties provided that such designation specifies the date, location and hours of such designated event. 9.40.050 - Restrictions on uses and activities. It is unlawful to engage in any activities within any park facility or special event area in violation of any of the following, unless a permit is approved in advance by the Town for conducting such activities as outlined in this Section. (1) Aircraft. No person shall land in or take off from any park an aircraft or recreational equipment for air travel, without first obtaining a permit from the Town. Aircraft and recreational equipment for air travel include, but are not limited to, airplanes, helicopters, hot air balloons, paragliders, parachutes and hang gliders. (2) Alcoholic beverages. No person within a park or special event area shall consume or have in his or her possession or custody any spirituous liquor, malt liquor or vinous liquor as defined in Section 12-47-103 44-3-103, C.R.S., except under the conditions set forth in Section 9.12.080 of this Title. (3) Amplified sound. No person shall use or operate a loudspeaker or sound-amplifying equipment in any park or special event area without a permit obtained pursuant to Chapter 5.24 of this Code. Amplified sound occurring before 9:00 a.m. or after 8:00 p.m. in any park or special event area must be approved by the Town Council through a special hearing pursuant to Section 5.24.020. (4) Athletic fields. Softball and baseball activity is restricted to the softball field and the general area on the west side of Nottingham Lake below the dam. Reservations for use of the softball and athletic fields shall be determined by the Town, shall be on a first- come, first-served basis for the general public (not including teams, events or programs scheduled by the Town), and persons or organizations with reservations shall have priority for use of the fields over those without reservations. (5) Camping. No person shall camp overnight in any park or special event area except pursuant to a permit approved by the Town. (6) Commercial activities. No commercial activities, including but not limited to private lessons, photography, video or filming, may occur in any park or special event area without first having obtained a permit or license from the Town. (7) Dogs. Dog owners shall comply with all animal control ordinances listed in Chapter 6.04 of this Code and shall pick up their dogs' excrement or waste. Dog owners shall not allow dogs into those areas posted as prohibited areas for dogs or into special events. Prohibited areas may be designated by the Town. (8) Dog parks. In dog parks, dog owners shall have a leash visible at all times and dogs shall be at least four (4) months of age and licensed with a visible tag. Dogs must be leashed immediately if exhibiting aggressive behavior and shall not be allowed into a dog park if in estrus (heat) season. Dogs deemed as being dangerous or under rabies quarantine under Chapter 6.04 of this Code shall not be allowed in a dog park. Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 11 of 4 (9) Fires. No person shall start or sustain a fire within any park or special event area, except for the combustion of charcoal in fire pits, grills or other areas as designated and approved for such use by the Town. This provision shall not serve to prohibit bonfires started or sustained by the Town for Town-sanctioned special events and programs. Any applicant for a special event permit that seeks permission to hold a bonfire during such special event shall first secure a burn permit from the Eagle River Fire Protection District. (10) Fishing. No person age sixteen (16) or over shall engage in fishing in any park or special event area without a valid Colorado fishing license obtained pursuant to Sections 33-4-102 and 33-4-104, C.R.S. Fishing from the boat dock is prohibited during boating hours. Cleaning fish in any park or special event area is prohibited, and no person shall leave fish waste in any park or special event area. (11) Golf and archery. No person shall use any area of a park or special event area for archery or golf, other than whiffle golf, except pursuant to a permit approved by the Town. (12) Group activities. No person shall engage in group activities involving fifty (50) or more people in a park or special event area except pursuant to a permit approved by the Town. (13) Models and stunt kites. No person shall bring into, use or operate any stunt kite or radio-controlled model, including but not limited to airplanes, boats, model motor cars and other motorized models, in any park during a special event. All motorized models and stunt kites shall be utilized only in areas that do not interfere with park patrons. (14) Motorized vehicles. No person shall drive, ride or operate at any time any motorized vehicle or motorized device of any type within any park or special event area except upon public roadways or designated parking areas running through or adjoining any park or special event area. This prohibition shall not apply to Town-owned vehicles, motorized wheelchairs; Class 1 or Class 2 electronic assisted bicycles as defined in chapter 10.08.010, or mobility devices for disabled persons. All persons operating a motorized vehicle or device within a park or special event area shall obey all traffic control signs. (15) Pests. No person may disturb traps or bait set out for ground squirrels or other pests on Town property. (16) Refuse and trash. No person shall dump, deposit or leave in the park facility or special event area any rubbish, waste, garbage or other discarded items of any nature. No such refuse or trash shall be placed in any waters in or contiguous to any park or special event area or left anywhere on the grounds thereof, but shall be placed in proper receptacles where these are provided. Where receptacles are not provided, persons shall carry away all such refuse or trash from the park or special event area and dispose of it appropriately elsewhere. (17) Structures. No person shall install any permanent or temporary above-ground structure, tent or canopy in any park without a special event permit. Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 12 of 4 (18) Swimming. No person shall swim or bathe in any waters or waterways in or adjacent to any park or special event area except pursuant to a permit approved by the Town. (19) Vending and soliciting. No person shall engage in any vending or solicitation operations in any park or special event area without first having obtained a peddler, solicitor or business license pursuant to Chapter 5.16 of this Code. (20) Smoking. Smoking is not permitted in any Town-owned property designated as open space, landscaping and drainage, including the West Avon Preserve as defined in Section 9.40.010. 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 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. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 13 of 4 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] Ord 20-12 Amendments to Beer, Liquor and Special Event Code [August 25, 2020] Page 14 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 25, 2020 and setting such public hearing for September 8, 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 September 8, 2020. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Scott Wright, Asst. Town Manager/Finance Director RE: ClearGov Digital Budget Book DATE: August 21, 2020 SUMMARY: This report provides an overview of the ClearGov software, including ClearGov Digital Budget Book and ClearGov Insights subscriptions. These software subscriptions will (1) offer the Town’s budget in an enhanced on-line format that is easier for the public to read and access, (2) provide interactive functionality whereby members of the public can find expense and revenue information they desire, and (3) will reduce administrative time to prepare, assemble and update the annual Budget Book document. No Council action is requested. This report is provided for informational purposes only. BACKGROUND: The Town of Avon Financial and Budgetary Policies states under General Budget Policies, “Communication. The budget document shall be prepared so that it facilitates public study and effectively communicates key economic issues and fiscal policies.” Town Manager Eric Heil and Finance Department Staff have had several discussions regarding his desire to make the published budget document more readable and easier to communicate to the Town's constituents. On July 9 Eric provided an overview of these desired changes to the Finance Committee. Also discussed during that meeting were options and potential platforms for presenting the budget as web-based dashboard-type platform with improved readability and interactive features. Following that meeting, I contacted a company that I had previously been in touch with regarding their transparency platform. I was pleased to discover that they had also recently developed a digital budget book solution for municipal governments. Subsequently, Eric and I, along with Robert McKenner and Nelly Burns, held a demo of the ClearGov Digital Budget Book Suite and the ClearGov Insights Suite. We were all very impressed and thought that the platform would advance the stated Budget Policy goals to improve public accessibility. A local government trade publication review describes ClearGov as follows, “Now local governments can use this digital tool to present their budget book as an interactive online experience rather than a paper document, saving them time and money and resulting in a budget presentation that’s far easier and more engaging for every resident to consume.” American City & County. DIGITAL BUDGET BOOK: The Digital Budget Book is template-driven and is built upon the Government Finance Officers Association (“GFOA”) requirements for its Distinguished Budget Presentation Award Program. This program encourages state and local governments to prepared budget documents of the highest quality that reflect the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA's best practices. INSIGHTS SUITE: This ClearGov Insights platform is intended to promote community engagement by providing financial information with strong info-graphics. The platform allows the ability to share detailed financial information for each department and each project, present demographic information with comparisons to state information, include project updates, and allow for public comment. On August 13 the ClearGov representative presented a condensed version of the demo to the Finance Committee. Each member of the Finance Committee, along with Mayor Smith Hymes, gave a thumbs-up recommendation to move forward with purchase of a one-year subscription. Page 2 of 2 FINANCIAL: The cost for ClearGov and the is as follows: One Time Set-up Fee (Proposal indicates $3,600 which was negotiated down): $ 1,800 Annual Cost of Digital Budget Book: $ 7,000 Annual Cost of Insights Suite (Transparency Module): $ 3,750 Total Subscription Fee (Billed Annually): $10,750 The Finance Department has adequate funds in its current budget due to expenditure reductions in Travel and Training (due to COVID19) and in Computer Services (due to lower annual support fees with Tyler Tech). The Finance Department expects to realize savings in administrative time in future years because the use of the ClearGov templates are easier and faster to use than the current method of creating and compiling multiple spreadsheets and other documents. There are demo videos, sample budget books and ClearGov Insights examples that I can forward to members of the Council if you are interested. Thank you, Scott Attachment A: ClearGov Proposal - Town of Avon SOFTWARE PROPOSAL PREPARED FOR Scott Wright Finance Director Town of Avon PREPARED BY Ryan Wilson ClearGov, Inc. rwilson@cleargov.com (901) 937-9735 PREPARED ON July 31, 2020 ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 1 of 31 Attachment A ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 2 of 31 Attachment A July 31, 2020 Scott Wright Finance Director Town of Avon 100 Mikaela Way Avon, CO 81620 Dear Scott, Per our discussions, I am pleased to provide you and your team at Avon with the attached software proposal for your consideration. Our mission at ClearGov is to help build a community of transparent, data-driven, modern governments. We make it easy for governments like yours to operate more efficiently and communicate more effectively. Our solutions are easy to afford, implement, and use. They don't cause a lot of upheaval, and they don't force you to reinvent the wheel. ClearGov solutions are designed to help local governments like Avon take a strong next step in your journey from good to great. We fully appreciate the demands on your time, so I’d like to thank you in advance for the time that you and your team will spend reviewing this proposal. If you have any questions or need additional information of any kind, please do not hesitate to ask. I am confident that you and your team will be impressed by the ClearGov solutions and even more impressed by how hard we will work to make you happy. We look forward to working with you. Sincerely yours, Ryan Wilson ClearGov, Inc. rwilson@cleargov.com (901) 937-9735 ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 3 of 31 Attachment A TABLE OF CONTENTS TABLE OF CONTENTS 5 EXECUTIVE SUMMARY 6 SOLUTIONS OVERVIEW 9 INVESTMENT 22 PROJECT MANAGEMENT 23 SCOPE OF WORK 24 TIME COMMITMENT 26 DATA REQUIREMENTS 28 TRAINING & SUPPORT 29 SECURITY OVERVIEW 31 FAQs 33 ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 4 of 31 Attachment A EXECUTIVE SUMMARY Mission ClearGov’s mission is to build a community of transparent, data-driven, modern governments. We pursue this mission by making it easy and affordable for every local government to take a strong next step on its journey from good to great. ClearGov solutions are carefully designed to help local governments operate more efficiently and communicate more effectively, fueling better strategic decision making and increased levels of community support. Solutions Overview Based on our conversations with Avon and our understanding of your key needs and objectives, we are proposing the following ClearGov Solutions: ClearGov Digital Budget Book Suite ●The easiest and fastest way to build an award-winning budget book ●Automatically generates a professionally formatted template that’s pre-populated with your financials, capital request data, charts, and more ●Let’s you and your team work collaboratively to fill in the details ●Includes a robust Capital Requests module to collect, organize, and present key projects in an intuitive dashboard ●Built to GFOA guidelines, optimized to ADA standards and designed to be mobile-friendly ClearGov Insights Suite ●Transforms complex government financials into easy-to-understand infographics ●Publishes the budget in a uniquely compelling way that drives understanding and support throughout your community ●Includes simple but powerful tools that enable you to offer residents a window into capital projects and department performance ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 5 of 31 Attachment A Investment ClearGov offers solutions that are affordable for local governments of all shapes and sizes. Avon falls into our Tier #2 category. A summary of your investment in the ClearGov Solutions proposed herein includes: Setup Service Fees (One time investment) Setup Fee $3,600 Annual Subscription Service Fees (Annual investment) ClearGov Digital Budget Book Subscription $7,000 ClearGov Insights Subscription $6,250 Bundle Discount ($2,500) Total Annual Subscription Service Fees $10,750 See the Investment Section below for full details on setup fees and annual subscriptions. Implementation Plan While implementing ClearGov’s accessible solutions is designed to be a turnkey process, we offer dedicated Client Success resources to help you get up and running quickly and efficiently. A comprehensive implementation plan is described in more detail later in this proposal. Here are the highlights: Project Management ●ClearGov will assign you a dedicated Client Success Manager (CSM) to coordinate, lead, and manage the entire setup process as well as provide ongoing support. Scope of Work ●ClearGov provides comprehensive onboarding services — at no additional charge — to ensure that you hit your launch targets and get the most value out of your ClearGov investment. Launch Timeline ●Launch generally takes approximately 2 – 4 weeks from the time that you provide your Client Data Report(s) to ClearGov, depending upon the volume/complexity of your data as well as ClearGov client backlog. Data Onboarding Requirements ●ClearGov will handle all importing, onboarding, and mapping of data. In short, we’ll take your raw financial information, sort it, and upload it to the ClearGov platform so it perfectly matches your chart of accounts. The only thing you have to do is supply your data, which generally involves running a few simple reports from your existing accounting system. We’ll walk you through the process. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 6 of 31 Attachment A Training and Support ●ClearGov provides unlimited training and support throughout implementation and for as long as you’re a ClearGov customer. You will also have access to a frequently updated library of online resources and best practices to help you achieve the best outcomes. Conclusion In the pages that follow, we’ll explain how and why ClearGov solutions not only offer the best value for Avon, but also make your day-to-day operations more efficient, productive, and impactful. ClearGov is committed to helping local governments like yours “make democracy work better.” And while that may sound lofty, “democracy” is simply what you do every day. We just want to help you do it in a modern, data-driven way — a way that makes your job easier, lightens your load, showcases all the good work that you do, and ultimately helps you better serve your community. ClearGov already works with hundreds of local governments across the country, and we’d be delighted to welcome Avon into the fold. If you have questions or concerns as you review this proposal, please do not hesitate to reach out. Thank you for your consideration. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 7 of 31 Attachment A SOLUTIONS OVERVIEW We know that you’re working hard to make your government run better, and you know that technology can help you get it done. Unfortunately, most of the gov-tech software on the market right now is designed for sprawling megacities or state and federal government — not local agencies like yours. So, these platforms are often complicated, expensive, and loaded with bells and whistles that you’ll never use. You don’t need a chainsaw to carve a turkey. You simply need the right tool for the job. ClearGov is built from the ground up specifically for local governments. It does everything you need it to do. It’s just-right software for agencies that are looking to take that critical next step toward more efficient operations and better community engagement. Therefore, all ClearGov solutions are: INTUITIVE AND EASY TO USE At ClearGov, everything we do is designed to make complex government data easy to understand and easy to use, internally and by the public at large. We present data in readily-understood infographic form, and offer an interface for our internal tools that’s easy for every staff member to learn and use. CLOUD-BASED Web-based software requires no installation, no maintenance and is always up-to-date. We host our software and our data with Amazon Web Services, which ensures data security and world-class software performance. TURNKEY We understand that in local governments, staff is almost always stretched too thin. That’s why we do all the heavy lifting for you. To get started, all you have to do is send us an Excel file with your data. We’ll take care of the rest. When you login to ClearGov for the first time, you’ll find that everything is right where it should be. AFFORDABLE ClearGov is built and priced for local governments and school districts. Our packages are all-inclusive, so you’ll never be charged extra for per-seat licenses, never be surprised with hidden fees, and never pay for support or product updates...never. Our goal is to delight our customers with unbeatable value in everything we do. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 8 of 31 Attachment A Modernization is a Must In the wake of COVID-19, it is more important than ever for local governments to leverage technology to enable them to continue to thrive in our collective new reality. In fact, those agencies that have already embraced modernization have found it far easier to weather the Coronavirus storm. As the world continues to evolve, local governments need to keep the following four critical success factors top of mind as they retool themselves for a more efficient and modern government. COMMUNICATION The pandemic has eliminated the water-cooler chat, so internal “over- communication” should be the new norm. Plus, it’s even more important for local governments to be transparent when public meetings can’t be public. ClearGov facilitates and simplifies the communication process, but internally and throughout your community. COLLABORATION Improving and streamlining the collaborative process is vital to prevent key items from falling through the cracks. Centralization and remote access to documents, systems and processes is mission-critical. All ClearGov products have been designed to provide access to your entire team, and we don’t charge by the user - so you can bring everyone to the party. SECURITY Desktop-based applications can be infiltrated, especially if operated remotely. Cloud-based applications offer instant security. Now is the time to start leveraging the security resources of cloud platforms like AWS. ClearGov’s solutions are all cloud-based and hosted on AWS. See Security Overview section for more details. FLEXIBILITY Local governments must be able to quickly adjust to evolving input and changing dynamics. As a result, they also need the ability to create and explore “what-if” scenarios to inform better decision making. ClearGov puts the information and the tools you need at your fingertips to become a transparent, data-driven, modern government. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 9 of 31 Attachment A A Streamlined Solution for Building an Award-Winning Budget Book in a Fraction of the Time The annual budget book is your government’s most important, public-facing policy document. You want it to be polished, professionally formatted, and accessible to as many residents and stakeholders as possible. And, ideally, you want it to be easy and efficient to produce on your end. ClearGov’s Digital Budget Book suite checks all of those boxes, plus ADA optimization, GFOA best practices, and then some. Watch a 5 minute micro-demo here ClearGov Digital Budget Book Modules ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 10 of 31 Attachment A DIGITAL BUDGET BOOK SUITE Capital Requests Module The Capital Request Module is a dashboard-driven tool that automates and optimizes the process of collecting, organizing, and reporting capital requests across all departments and automatically populates your Digital Budget Book. Think of it as a modern, digital-first solution to an age-old, paper problem. ●Digitize your requests: Save some trees with a simple online form that captures and submits requests electronically ●Customize your form: Easily customize the default template with a few simple clicks to precisely fit your needs and preferences ●Automate your workflow: Initiate, collect, track, and manage all your requests online, even set triggered reminders for department heads ●View capital requests at a glance: Report and review requests by department, funding source, fiscal year, and more — all from an intuitive dashboard ●Publish to your budget book: Automatically generates a capital request summary with detail pages for each department/request for your Digital Budget Book Why does Avon need this? ●It’s so much more efficient: The sooner you automate out-dated manual processes, the more efficiently you can govern. Once you streamline the tedious task of organizing your capital requests, you’ll have more time and energy to invest in one of the most critical components of good governance — strategic planning. ●Eliminate the paper chase: Instead of chasing down paper requests and slogging through the data entry process, you can kick off each new request cycle with a click. An intuitive dashboard enables you to quickly email online request forms to your department heads, set automated reminders to gently nudge requestors to complete their submissions, and monitor progress every step of the way. ●You get a robust digital audit trail: Your department heads can easily attach pictures, PDFs, and other supplemental materials to their digital request form. These materials travel with the request, so they’re always just a click away. They’ll even automatically appear in your budget book once you click publish. ●It’s key to building a better budget book: Capital planning is an important precursor to building your budget and eventually publishing a compelling budget book. ClearGov’s Capital Request Module streamlines your workflow, automates key tasks, and makes the entire CIP process more transparent and collaborative. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 11 of 31 Attachment A DIGITAL BUDGET BOOK SUITE Budget Book Module The Digital Budget Book module helps you produce an interactive and engaging budget book in a fraction of the time it takes today. Instead of manually building your book in a clunky document editor, you build it collaboratively using simple web apps that streamline the steps from start to publish. ●Prepopulated and preformatted: Start with a core framework that includes all of your pre-loaded budget data with integrated, pre-built charts ●Smarter workflow: Collaborate and work faster to add your narrative with fewer headaches ●Highly customizable: Add images, choose chart colors, and select styles to reflect your civic brand. ●Better end product: Produce a polished piece that is ADA-Optimized and built from the ground up to meet GFOA best practices Why does Avon need this? ●The short-cut you always wanted: One simple click generates a fully formatted framework that’s automatically populated with your financial data, along with pre-built charts, tables and graphs, and even some pre-written content. You simply fill in the blanks and customize the content as you see fit. ●Improve accuracy: The more spreadsheets you manage and papers you shuffle, the greater the margin of error. ClearGov’s digital-first approach is automated, templated, and paperless so you can stop manually collecting, merging, and managing all that input from dozens of department heads. ●You save time and aggravation: Recreating charts, tables, and graphs from spreadsheets every time a figure changes is not only tedious, it’s inefficient. With ClearGov, every time you change a number in your budget, all of the applicable charts, tables and graphs are updated automatically. ●Print on demand: Printing a budget book is expensive and often out of date before the ink dries. ClearGov enables you and your citizens to print specific sections or the entire budget book whenever you like - which saves both time and money. ●GFOA kudos: ClearGov’s Digital Budget Book is structured to meet GFOA best practice guidelines. In fact, there’a GFOA checklist built right in, so you can check off each Distinguished Budget Award Presentation requirement as you complete it. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 12 of 31 Attachment A A Government Communications Platform for the Information Age ClearGov Insights is a suite of cloud-based solutions designed to remove the static from your communications efforts, so you can keep your community in the loop with the solid work you and your team are doing. With innovative, turnkey transparency profiles, project pages, and department dashboards ClearGov Insights helps you tell your story and show your work. Watch a 5 minute micro-demo here ClearGov Insights Suite Modules ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 13 of 31 Attachment A INSIGHTS SUITE Financial Transparency Module Build community trust and support by publishing your financial data in an online profile that’s feature-rich, easy to use, and easy to understand. It’s an instant best-in-class transparency center that’s miles ahead of the usual complex spreadsheets and static PDFs. ●Easy-to-understand infographic format: Help citizens and other stakeholders easily visualize and interpret important metrics. ●Context features that make transparency meaningful: Add explanatory notes that tell the story behind the numbers. Allow users to compare data side-by-side with similar communities near you. ●Budget vs. actuals: Clearly show how funds are collected and allocated. Reveal trends by showing historical data as well. ●Open checkbook: If desired, you can provide searchable, check-level detail revealing line-item spend. Why does Avon need this? ●Build public trust: According to the Pew Research Center, only 18 percent of Americans say they trust the government to do what is right. By proactively opening up your data for public consumption, you show you have nothing to hide. ●Drive community support: By sharing critical facts and figures with citizens, you can foster a climate of trust and understanding that helps drive public support for key initiatives. ●Dispel public misconceptions: MIT research shows that false news travels faster, farther, and deeper than true news, particularly through social media. In the age of misinformation, readily accessible and easily understood facts are your best defense against public misconceptions. ●Reduce inquiries: Research by the Sunlight Foundation indicates that municipal transparency programs reduce citizen information requests by 30 percent. The more data you share with constituents now, and the clearer you make it, the fewer inquiries and record requests you’ll field on an ongoing basis. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 14 of 31 Attachment A INSIGHTS SUITE Capital Project Communications Module Quickly and easily create and publish custom Project Pages to keep citizens in the loop with key data and updates about all of your key projects. Templated Project Pages take only minutes to populate and allow you to share photos, timelines, funding sources, and more — all in one centralized location. ●Share project finances: Post your project’s budget, funding sources and track expenditures along the way. ●Share images: Bring your project’s story to life by posting photos and architectural renderings. ●Allow citizens to subscribe: Visitors to your Project Pages can subscribe to receive automatic email updates every time you make a change. ●Collect citizen feedback: Invite visitors to ask questions or post comments in a moderated forum that you control. Why does Avon need this? ●Shine a spotlight on community development: A good chunk of every tax dollar funds important CIPs in your community — things like new construction, improvements to infrastructure, and other key initiatives. Keep residents (and the press) informed about the issues they care about most. ●Reduce incoming calls: Stop fielding the same questions over and over again. Drive residents and other interested stakeholders to online Project Pages via your website and social media. ●Build public support: Right now, you may only hear from the squeakiest of wheels, but your community is full of smart, reasonable people. Engage them and invite their feedback in the comments section — a moderated forum that you control. ●Provide a modern alternative to public meetings for busy constituents: By publishing project data and updates online you can make it easier for engaged citizens to stay informed. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 15 of 31 Attachment A INSIGHTS SUITE Department Dashboards Module Tell your government’s whole story by publishing updates detailing department-level performance metrics. Showcase KPIs for any and all departments, from animal control to the zoning board. ClearGov Department Dashboards are extremely flexible and point-and-click easy to assemble. You can use Department Dashboards to display any metric you like. Plus, the ClearGov solution makes sure that your data is presented in a way that’s easy for your residents to interpret and understand. ●Customize: Display department-specific KPIs. Add the department head’s name, title, picture, and a brief intro letter. ●Create panels: Select the appropriate template for each section you want to display. If you like, add commentary or explanatory text. ●Add charts: Pull in existing graphics from the ClearGov Chart Builder App or easily create new ones specific to your dashboard. Why does Avon need this? ●Promote value: Where else can the average citizen go to find out about police response times or annual fundraising efforts? Department Dashboards let every division tell its own unique story. ●Hold departments accountable: They say that what gets measured is what gets done. ClearGov dashboards are a simple and effective way to track department performance against goals and to promote a culture of performance and transparency agency-wide. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 16 of 31 Attachment A INVESTMENT Our pricing model matches our products - simple, straightforward and built for local governments. Setup Fee: ●A one-time investment that covers setup, activation, data onboarding and initial training — everything you need to get launched. Solution Subscription: ●A flat annual investment covers unlimited access and usage of your ClearGov solution and includes unlimited support from your dedicated Client Success Manager. That’s it. We don’t charge extra for seat licenses or updates or ongoing support or professional services or anything else, so there are absolutely no hidden fees. See the table below for a complete breakdown of what’s included. Setup Service Fees (One time investment) Setup Fee: Includes - -Full activation and setup -Data onboarding -Client training $3,600 Annual Subscription Service Fees (Annual investment) ClearGov Digital Budget Book Suite: Includes - -Capital Requests Module -Budget Book Module $7,000 ClearGov Insights Suite: Includes - -Fiscal Transparency Module -Project Communications Module -Department Dashboards Module $6,250 Bundle Discount ($2,500) Total Annual Subscription Service Fees $10,750 ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 17 of 31 Attachment A PROJECT MANAGEMENT ClearGov offers robust solutions that are easy to set up and operate. We understand that most local governments are pressed for resources, so we have designed an activation process that places the heavy-lifting on ClearGov. This section outlines the key project management roles and responsibilities. ClearGov Role & Responsibilities ClearGov will assign a dedicated Client Success Manager or CSM to lead the implementation effort. Your CSM will: ●Coordinate and execute the development of the project plan. ●Ensure the timely delivery of items identified as “In scope” within this proposal. ●Train your staff to use ClearGov tools and applications. ●Track, communicate, and expediently resolve any implementation issues. ●Monitor project progress to ensure a timely and efficient launch. All ClearGov CSM efforts will be performed remotely with direct email and phone contact as necessary. Client Role & Responsibilities We ask that you designate one individual as a primary point of contact to facilitate: ●Delivery of “Client Task” items (listed below) in a timely manner. ●Coordination of Client participants for Kick-Off and Training calls. ●Review and approval of onboarded Client Data to confirm launch. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 18 of 31 Attachment A SCOPE OF WORK In addition to providing unlimited training and ongoing customer support, your dedicated Client Success Manager will coordinate all of the necessary onboarding and updating services required to suit your unique needs. Depending upon which features/functionality you wish to fully or partially leverage, the scope of work to be performed by the ClearGov Client Success team is outlined below. ClearGov Digital Budget Book Suite - Scope of Work Service Description In Scope Import historical (actual) fiscal data: Your historical audited financials form the foundation of the Transparency Module implementation. Up to 20 yrs of historical audited data Import current and historical budgeted data: Enables the ability to overlay and present budget to actual performance within the budget book. Up to 20 yrs of historical budgeted data Capital Request Form setup assistance: A ClearGov CSM will help you develop a capital request form that mimics your current process and preferences. Unlimited Forms Department Narratives setup assistance: A ClearGov CSM will help your department heads develop their department narrative pages, including custom charts and graphs. Unlimited Department Narratives ClearGov Insights Suite - Scope of Work Service Description In Scope Import historical (actual) fiscal data: Your historical audited financials form the foundation of the Transparency Module implementation. Up to 20 yrs of historical audited data Import current and historical budgeted data (Optional): Enables the ability to overlay and present budget to actual performance. Up to 20 yrs of historical budgeted data Import ongoing financial updates: You may regularly update audited and/or budgeted data at your discretion, e.g. you may post current FY budget and update periodically with actual spending. Update monthly, quarterly (recommended) or annually Import historical checkbook data (Optional): You may choose to display detailed check data — either publicly or privately. Up to 100,000 checks ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 19 of 31 Attachment A Import ongoing checkbook updates (Optional): Checkbook data may be updated at your discretion. Update weekly, monthly, quarterly (recommended) or annually Project Page setup assistance: Although Project Pages are simple and quick to create, ClearGov is happy to walk you through your first Project Page. Unlimited Project Pages Department Dashboard setup assistance: Although Department Dashboards are simple and quick to create, ClearGov is happy to walk you through your first dashboard. Unlimited Dashboards ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 20 of 31 Attachment A TIME COMMITMENT The ClearGov onboarding and activation process is designed to be turnkey and require limited effort on your part. The bulk of the onboarding effort involves uploading, mapping, and configuring your data — a process which is managed entirely by the ClearGov Client Success team. The only To-Do items on your list are to A) send us your data (i.e. run some reports and send us an email), and B) validate our work. The following outlines a typical implementation process with estimated Client time commitments. Client Activation (ClearGov Task) ●Assign and introduce you to your dedicated CSM ●Your CSM will activate your subscription. NOTE: (You may access your ClearGov Account immediately upon activation.) ●Your CSM will schedule your kick-off call Kick-Off Call (Shared Task) ●Your CSM will meet with you (via conference call) to confirm goals, review onboarding steps and deliverables, and establish a timeline ●Your CSM will explain data requirements and provide instructions Client Data Report (Client Task) ●You run reports from your accounting platform to export necessary data (See Client Data Requirements below) ●You send exported reports to ClearGov Data OnBoarding (ClearGov Task) ●ClearGov Client Success Team completes the onboarding and mapping of your data into the ClearGov platform NOTE: The onboarding time varies based on the volume and complexity of your data as well as the current backlog of Client activations. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 21 of 31 Attachment A Client Data Review (Shared Task) ●Your CSM will present (via conference call) the mapped data for your review/approval. NOTE: Generally speaking, there is a primary review call, followed by 1 or 2 additional calls, depending upon the complexity of the data and the number of iterations. Training and Launch (Shared Task) ●Once you approve your data, ClearGov will activate it within the live platform and schedule the Launch Training call. ●The Launch Training call typically takes about an hour, and you may invite as many people from your team to attend as desired. Timeline Summary The overall launch timeline is heavily influenced by your ability to deliver the Client Data Report in a timely fashion. In short, the sooner we receive your data, the sooner we can get you up and running. As you can see from the implementation process outlined above, the ClearGov implementation process is not a long, drawn-out process. As a general guideline, you can expect to be completely launched within 2 - 4 weeks of whenever you provide us with your Client Data Report, and of course, the bulk of the work during that time period rests on ClearGov’s shoulders. Launch Deadlines If you have a specific hard launch deadline — such as coordinating with the launch of a new Website — please inform your ClearGov CSM during the kick-off call, and s/he will inform you what will be required to achieve your target launch date. IMPORTANT: ClearGov Backlog Summary Due to a recent spike in demand for ClearGov’s solutions, we are in a temporary backlog situation with respect to our Data Onboarding process. We want to ensure that we are setting - and delivering on - proper expectations, so we have created a Data Onboarding Schedule site that provides an up-to-date summary of the current data onboarding backlog. We will onboard ClearGov customers on a first-come, first-served basis, based on the signature date of their Service Order. Please see the Data Onboarding Schedule site for more details and specific dates. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 22 of 31 Attachment A DATA REQUIREMENTS The data that ClearGov needs to fully activate your account is straightforward and can be readily exported from any accounting/ERP system. Required Files In most instances, ClearGov generally requires only two simple files from you: Line Item Detail File(s) ●A simple report that provides the full account number, account description, fund, year, and total dollars collected/expended for each account/line item in your chart of accounts. ●Depending upon which accounting system you’re using, this report is often referred to as the Trial Balance Report; Account Inquiry Report; or Budget-to-Actual Report. Account Number Key ●Another simple report that labels or describes the “segments” of each account number (e.g. funds, departments, objects, etc.). ●Depending upon which accounting system you’re using, this report is often referred to as the Segment Report or Chart of Accounts. Optional Files Ultimately, you decide how the breadth and depth of data that you would like to provide to ClearGov. We recommend the following optional data sets: Budgeted Revenue and Expense Data ●You can provide historical, current and/or upcoming fiscal year(s) budgeted revenue and expense data. Debt Detail ●Show your total outstanding debt on your site. This information may be broken down by fund and/or by debt categories of your choosing. Checkbook Data (ClearGov Insights Only) ●If you wish to use the Open Checkbook feature in ClearGov Insights, your data must include check-level detail for the most recent fiscal year with as much historical data as you prefer. When you are ready to send your data, ClearGov will provide you with detailed instructions on file types and formats needed. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 23 of 31 Attachment A TRAINING & SUPPORT ClearGov solutions are designed to be intuitive and simple-to-use, so chances are that you won’t need much hand-holding - even from the start. With that said, ClearGov’s training sessions are designed to ensure that you and your team can quickly launch, adopt and optimize the value you receive from the ClearGov platform. We will share some key insights and best practices to help you ramp quickly. All ClearGov customers also receive unlimited access to a frequently updated online support center. Training Sessions Your dedicated CSM will work with you to schedule convenient training sessions expressly tailored to your needs. We often suggest training a core group of power users first (usually your finance and/or communications team) and then scheduling broader sessions to include department heads, but it’s entirely up to you. We’ll provide as much training as you think you need. ClearGov uses modern web conferencing services to conduct live training sessions remotely. This enables the instructor to share his/her screen and record every session. It also enables you to distribute the recording via email after-the-fact to any who were unable to attend; save it for future reference; and/or train new hires. Client Success Expectations You will be assigned a dedicated Client Success Manager (CSM) who will be responsible for coordinating and managing your activation and onboarding process as well as initial training. Your CSM will also be your primary point of contact for any ongoing support requirements or issues. Service Level Our CSMs are committed to responding to all support inquiries within one business day, and in most cases, you will receive a same-day response. You will also be provided an escalation path in the event that you are ever dissatisfied with your CSM’s performance or you have a time-sensitive issue that needs immediate resolution. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 24 of 31 Attachment A Client Support Portal You and your team will have access to text and video training materials in the ClearGov Support Center. This online resource center is constantly updated with new content and best practices. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 25 of 31 Attachment A SECURITY OVERVIEW The ClearGov platform is hosted by Amazon Web Services (AWS), the world leader in cloud computing as a service. Used by the Departments of Justice, Defense, and Homeland Security, AWS is one of only three vendors that have been granted government authorization to store highly sensitive federal data on its cloud-computing servers. AWS handles systems, network architecture, and security, enabling ClearGov to focus on what it does best — developing world-class solutions for local governments. With ISO 27001 and FISMA-certified data centers, AWS has made platform security its highest priority in order to protect customers’ critical information and applications. Another key advantage of hosting on the AWS cloud is that it allows ClearGov to easily scale and innovate, while maintaining all security protections across the entire infrastructure. How secure is ClearGov? Hosting with AWS ensures that ClearGov maintains the highest security standards in the world: ●Web application firewalls control access to the underlying code. ●AWS has built technologies to protect against distributed denial of service (DDoS) attacks to ensure network availability and application uptime. ●AWS’s SQL Server RDS uses server-side encryption to protect sensitive data. In addition to AWS’s secure hosting environment, ClearGov has implemented a number of extra software security features: ●Secure Socket Layer (SSL): SSL establishes an encrypted link between AWS servers and the web browser to ensure that all data transfers remain private and integral. ●SQL Injection Protection: ClearGov has built protection against SQL injection attacks where hackers attempt to insert nefarious server requests into web forms. ●Access Rights: ClearGov has implemented strict permission settings based on roles, which limit access to specific data and application functions. This ensures that internal users are restricted from accessing sensitive data based on privileges assigned by your administrator. ●Password Authentication: ClearGov does not store passwords explicitly, but rather “hashes” (encrypts) them so they are not compromised. ●Logging and Monitoring: ClearGov employs monitoring features that quickly identify vulnerabilities and provide immediate alerts if action is required. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 26 of 31 Attachment A Where are ClearGov data centers located? AWS replicates the ClearGov application and data across multiple data centers to ensure redundancy and availability. With this in mind, ClearGov is hosted at the AWS data centers in North Virginia, Ohio, Northern California, and Oregon. You can learn more about AWS data centers and security measures via the following link: ●https://aws.amazon.com/security/?hp=tile. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 27 of 31 Attachment A Attachment A FAQs General Questions Q: Do we need to dedicate resources for ClearGov implementation? ●A: Ideally, we would like to have one point person on your end with whom we can coordinate logistics. We generally require no more than a few hours of that person’s time for the entire setup/onboarding process. Typically, that same person is responsible for delivering regular data updates (usually quarterly) , which requires only a few minutes of their time once per quarter. (See Project Management section for more details.) Q: Does ClearGov provide training? ●A: The ClearGov platform is designed to be simple and intuitive. With that said, ClearGov will provide whatever training you and your team need during the kick-off process. And, the ClearGov team is available for unlimited support and/or training on an ongoing basis. ClearGov also provides video tutorials, online help, and other support materials as well. (See Training and Support section for more details.) Q: How much effort is required to import our data? ●A: In short, not much. All ClearGov Solutions are designed to be turnkey and ClearGov does all of the heavy lifting for you. See Time Commitment section above for more details. Q: Can ClearGov help us communicate our finances internally? ●A: Absolutely. ClearGov is a powerful tool for not only communicating with residents, but also internal stakeholders. ClearGov can act as a central reporting platform that offers clear and easy-to-understand infographics that can be used for presentations and reports both internally and externally. Q: How will ClearGov store our data? Is it secure? ●A: ClearGov utilizes a full suite of solutions from Amazon Web Services (AWS) to host and deliver the data for the ClearGov platform. We specifically selected AWS as our solutions provider because the AWS infrastructure puts strong safeguards in place to help secure and protect customer data. All data is stored in highly secure AWS data centers, and you can learn more about AWS security measures via the following link: https://aws.amazon.com/security/?hp=tile. See Security Overview section above for more details. Q. Are there any accounting systems that are not compatible with ClearGov? ●A: The short answer is "No" — we work with everybody. We're not actually doing a direct integration with your accounting system; we just need a simple report, and every accounting system we've ever met can easily produce that report. We've worked with enough of them now that we can probably tell you which report to print, and if it's a new one, we'll help you figure out which report is right. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 28 of 31 Attachment A Q: Does ClearGov provide a real-time integration with any eFinance or ERP systems? ●A: The short answer is…No...and this is by design. ClearGov takes a different approach when it comes to integrating your data onto our platform. In short...we do the work for you. You simply send us a report from your accounting system whenever you like, and we’ll upload it - and there is never any additional charge for this. ●The reason we take this approach is that system integrations sound like a good idea on paper, but in reality...they are painful, expensive and extremely difficult to maintain. The key problem is that every time the software changes on either end of the integration, the connection breaks and requires significant effort to re-integrate. In fact, that’s how our competitors make a lot of their money, because they charge professional service fees every time you ask them to re-establish the integration. Bottom line, the extra costs of supporting and maintaining a real-time integrated solution far outweigh the minimal incremental benefits of real-time data transfer. Digital Budget Book Suite Questions Q: Since the product is template-driven, won’t every ClearGov digital budget book look the same? ●A: No. While every ClearGov Digital Budget Book starts with the same core template, it’s highly and easily customizable, so the final product will always be different. You can add your own images, chart colors, and endless content to make it your own. Q: Can you guarantee that we will win a GFOA award? ●A: As we have designed and built the ClearGov Digital Budget Book, we have double-checked the GFOA guidelines every step of the way. We have also actively reviewed the solution with GFOA reviewers and members of the GFOA staff. With that said, we cannot guarantee that you will win an award, in part, because the narrative content is still up to you. In other words, all of the core components are included, but you still need to fill in the blanks in a way that meets with GFOA approval. Q: I understand the benefits of digital, but I still need to produce a printed version. How will that work? ●A: You’re not alone. Old habits die hard and paper is still a must-have for many local governments. In addition to presenting your budget book online, the ClearGov Digital Budget Book Suite includes functionality that enables users to create a .PDF, which can then be printed to generate a hard-copy of your budget book. Also, the Print-to-PDF functionality enables you to print specific sections of your budget book and/or the entire book. Insights Suite Questions Q: Where does ClearGov get its financial data? ●A: ClearGov sources its financial data from various entities including state departments of revenue; state education departments; etc. ClearGov also compiles complementary data, such as demographic information, home values, road miles, etc. from various public sources including the U.S. Census Bureau. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 29 of 31 Attachment A Q: How does ClearGov determine the default peer group for peer analysis? ●A: ClearGov uses four primary factors to create the ClearGov Default peer Group for each municipality: 1.ClearGov looks for municipalities with similar populations. 2.ClearGov looks for municipalities with similar median home values as determined by census data. 3.ClearGov looks for municipalities with similar commercial assessments to differentiate between rural and urban municipalities. 4.ClearGov dynamically searches for the closest ten municipalities that meet population, median home values and commercial assessment deviations. The figures from these municipalities are combined to create a peer average. ●NOTE: As a ClearGov Insights Suite customer, you will have the opportunity to create and publish your own custom peer groups, based on whatever criteria is most important to you. Q: Won’t publishing a transparency profile generate a lot of incoming inquiries? ●A: On the contrary, our customers find that a ClearGov profile helps the community find the answers they seek more easily and consistently. Plus, you can add commentary that tells the story behind your numbers and provides additional context. ●Prior to launch you will want to identify the components of your data that would benefit from some additional context. ClearGov enables you to add commentary to these sections of the profile which will actually reduce the number of inbound public information requests. ●Finally, if you do get an influx of inquiries, you will generally find a consistent pattern to the questions. So, you can use those questions to inform and further enhance your commentary. Q: What about inciting “community activists”? ●A: It seems that every municipality has a small population of what we call “CAVE People” (Citizens Against Virtually Everything), and unfortunately, we don't have a direct solution for that. However, a large portion of the most aggressive community activism is generally caused by a misinterpretation of the facts, or simply taking the facts out of context. We have found that ClearGov can drastically change both the tone and substance of the conversation by showing that your local government has nothing to hide, and by delivering not just data, but the stories behind the numbers to help everyone have a more informed and empirically accurate conversation. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 30 of 31 Attachment A Attachment A “We were impressed with the ClearGov solution from the start, especially the clean, simple interface. They are experts at presenting complex information in an easy-to-understand and visually-appealing way. And, as our partners, they have been responsive and professional.” Chris Bradbury Village Administrator Rye Brook, NY ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 31 of 31 Attachment A 970.748.4055 swright@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Scott Wright, Asst. Town Manager / Finance Director RE: UMB Purchasing Card Program DATE: August 20, 2020 SUMMARY: The use of purchasing (procurement) cards are recognized by the Government Finance Officers Association as a best practice form of electronic payment. Purchasing cards are a type of credit card transaction used by governments and larger businesses designed to reduce the volume of small dollar purchase orders issued, capture field purchases and travel expenditures easier, and to eliminate petty cash and petty cash checks. Purchasing cards are used at the point of sale, which is convenient for the employee and the customer. Payments to the card issuer are made in aggregate, assisting with cash flow. There is usually no cost to the government, and the issuing bank may provide a rebate based on transaction volume. In addition, restrictions can be put on the purchasing cards such as a per purchase dollar amount limit, dollar limits per transaction cycle and by MCC (merchant category code). Benefits include: • Reducing the volume of small purchase requisitions processed and purchase orders issued. • Eliminating the storage, handling, and processing of paper checks; • Reducing the time spent on debit card administration including tracking down receipts, account coding and manual entry of transactions into the general ledger system; • Increased internal controls and reduced security risks; • Improve the tracking of payments through enterprise resource planning (ERP) systems and integration with banking technologies. After reviewing purchasing card programs offered by various banking institutions, staff interviewed and held demos and called references of Wells Fargo Bank and UMB Bank. Based on the ease of use of the account management system, card user benefits and the Town's current relationship with UMB, staff decided that the UMB purchasing card platform was the best fit for the Town. In addition, UMB offers a 1% cash rebate on all card transactions regardless of the volume. I have attached the UMB Solution Sheet for further reference regarding the benefits and advantages of their purchasing card system. In addition to the benefits and advantages UMB mentions, the Town's internal and management controls over its use of credit cards will be greatly enhanced and Finance staff estimates it will save 8 hours a month in administration time of this program. RECOMMENDED ACTION AND ROPOSED MOTION: Town staff recommends approval of the UMB Operation Resolution and Agreement for Credit Card Program by motion. "I move to approve the UMB Operation Resolution and Agreement for Credit Card Program." Thank you, Scott ATTACHMENTS: A. UMB Solution Sheet B. UMB Operation Resolution and Agreement for Credit Card Program UMB Commercial Card •Account Management provides real-time access to support cardholders •Reporting with Statements, Expense Management, and key sourcing data •Expense Management gives a full suite of solutions for accounting and approving card transactions. Key User Benefits •Program Administrators are empowered through the extensive account management, integrated process components and insightful reporting turning data into intelligence. •Finance Managers can maximize cash management options, increase spending oversight and enforce policy compliance with UMB Commercial Card’s robust approval workflow options. •Procurement can realize the benefits of sourcing tools across payment types and monitor preferred supplier compliance. •Travel Managers gain insight with transaction details and intuitive travel pattern reporting. •Cardholders enjoy easy to access statements and expense reports. Account Management •Request New Accounts: Administrators can request new card accounts and new virtual accounts through the platform. •Manage Accounts: Administrators can assist cardholders with real-time changes to account name, account demographics, and account limits •Real-Time Authorizations: Administrators will have access to view all authorization and decline activity on their programs accounts, in order to provide effective service to their cardholders. Reporting Built for accessibility, ease of use, and flexibility, UMB Commercial Card reporting features a user-friendly dashboard and interface, 24/7 availability of information and real-time access to expense management. Report formats can be customized and scheduled for recurring delivery. •Program Performance Reports : Account Search Card & Employee Departures Account Delegation Spending Pattern Exceptions Transaction Limit Monitoring Employee Defaults Past Due Report UMB Commercial Card 016082 (R 1/18)UMB.com •Administrator Transaction Reports: Transactions - Exceptions Approval Status Enhanced Data Analysis Taxation Analysis Approval Role Delegation Audit Tracking Statement Manager Transaction Search Analysis - Company Expense Report Analysis Extract Reconciliation •Administrator Supplier and Employee Reports: Spend - Employee Suppliers Spend Analysis Reports – Management Reports Data Download City Pairs Report Suppliers - Top Spend Report Expense Management UMB Commercial Card’s expense management capabilities meet individual needs, whether a streamlined basic solution or a fully-featured, customized configuration built to accommodate an organization’s specific policies, such as compliance triggers, receipt imaging or gathering additional information on certain spend from employees and their managers. •Default Coding: Automatic transaction coding for accounting segments based on company rules configurable by Account Hierarchy Node, Company Unit, MCG, MCC, Employee, Individual Account, Transaction Type, and Supplier. Basic Package includes 8 accounting segments max, 5 Tax Codes. •Expense Submissions: Account holders may annotate multiple transactions in bulk or one by one, record out of pocket cash expenses, create expense reports and submit expenses to their manager for approval. Approval threshold can be customized. •Coding Reviews and Data Extracts: The company administrator may review GL coding on behalf of account holders. A financial extract helps to identify and prevent duplicate extracts of transactions. •ERP and GL Integration: General ledger structure may be defined to complement the ERP or GL system, including dependency rules between segments. •Cash Expense Processing: Capture out of pocket expenses and allocate to required accounting codes. •Receipt Images: Enable cardholders to submit copies of their receipts when coding transactions in order to enhance the visibility into the transactions. A powerful solution built for UMB Commercial Card clients, the online platform is a tool comprised of three core solution sets: Account Management, Reporting, and Expense Management. Together these fulfill the key information management needs of successful organizations. UMB Commercial Card provides timely, on-demand information through dashboards, alerts, and interactive reports. All capabilities are delivered through a modern and intuitive interface that allows for users at all levels to easily perform their tasks. Attachment A UMB Commercial Card 016082 (R 1/18)Administration •Employee Setup Assistant: Create employee/user records individually or in bulk, assign default coding rules, approval rules, and report groups. Core reference data (i.e. employee details, accounting segment and code values, default coding rules). •Home Page messaging: Program administrators can post messages on the application home page. •Email configuration: Create/send auto emails/alerts & manual emails in support of expense management processes. •Audit trail report: Key system events are logged and may be reported on for audit purposes. Data Integration The ability to integrate UMB Commercial Card data seamlessly with other internal or external business applications helps to minimize processing time and helps to maximize productivity. UMB Commercial Card enables the user to rely on the ERP system as the system of record and configure the platform through Interface Files. •Interface Files are designed to work in concert with existing ERP solutions to configure UMB Commercial Card to meet an organization’s unique needs. UMB will assist an organization with the completion of these files during the Implementation process. UMB Commercial Card also provides options for extracting financial data for re-integration into the accounting system. •Data Extract Management allows the user to self-select the fields for the extract and can be exported into a variety of formats, including CSV, delimited, and XLSX. Offers the capability to filter based on criteria, such as approved or non-approved transactions. Administrators may select from a variety of date parameters, including cycle dates, monthly, quarterly, annually, etc. Extract enhanced data details, such as airline data, hotel folio data, and any receipt details that may have been received from the merchant. •Drip extracts enable program administrators to export throughout the month as transactions are coded and approved. The transaction data and cash expenses are generated into separate extracts for reconciliation with accounting systems and/or payroll systems. This standard financial extract will pull all transactions that are coded and approved within the statement cycle. The results export to CSV. This feature locks all approved transactions upon extract so that users cannot modify the transaction coding and/or approval status. •Flush extracts can be used at the end of a month to pull out all transaction data regardless of whether the transactions are approved or fully coded. The transaction data and cash expenses are generated into separate extracts for reconciliation with accounting systems and/or payroll systems. The Flush extract will pull all transactions, regardless of approval status. The transactions and/or cash expenses within the cycle are locked from further modification. This cannot be reversed. •Receipt Image Extracts allow the user to download in one data set all of the receipt images that were submitted by cardholders during the expense reporting process. This extract allows for programs to accurately archive the receipt images in a digital format. Mobile Capabilities All interfaces for the UMB Commercial Card platform will render on mobile devices for ease of access from either tablets or smartphones (iOS, Android, etc). •Receipt Image Upload directly into the platform right after taking a picture of the receipt with a mobile device. •Balance and Available Credit can be quickly accessed by users while they are our using their cards for travel or other purchases. UMB.com Attachment A ORGANIZATION RESOLUTION AND AGREEMENT FOR CREDIT CARD PROGRAM Brenda Torres , who is the undersigned Recordkeeper for Town of Avon , (the “Organization”), a municipality (type of entity) organized under the laws of Colorado (state), does hereby certify: 1. That he/she is the Secretary or Assistant Secretary, or an officer, partner, owner, principal, manager, member or other person having lawful custody of the official records of the above Organization (the “Recordkeeper”) and is authorized to provide this document to UMB Bank, n.a. (“Bank”). 2. That at a meeting of the governing body of the Organization duly held on August 25 (date) and at which a quorum was present and acting throughout, or pursuant to the unanimous written consent of its members, the following Resolution and Agreement was duly adopted and approved and is currently in full force and effect, and has not been amended or rescinded: RESOLVED, that a credit card authority for this Organization be established by the Designated Officer named in the section immediately below with UMB Bank, n.a., and that separate accounts and credit cards (“Cards”) under said authority be opened and issued by Bank in the name of this Organization for use by employees and agents of this Organization who are identified from time to time by the Designated Officer, or by any successor to the Designated Officer identified from time to time by the Recordkeeper (or by the successor to the Recordkeeper), and that the Organization authorizes the use of the Cards in accordance with the Cardholder Agreement that is sent by Bank with the Cards; and RESOLVED FURTHER, that Scott Wright is the Designated Officer referred to in the above section of this Resolution, and that the Designated Officer or any successor to the Designate Officer designated in writing by the Recordkeeper (or by a successor Recordkeeper) may from time to time: request that Cards be issued in the name of this Organization; request that the credit limits and purchase controls be changed on existing Cards issued in the name of this Organization; designate additional persons authorized to use Cards issued by Bank in the name of this Organization; request termination of use of existing Cards; and communicate other pertinent information to Bank; and RESOLVED FURTHER, that the forgoing resolution shall remain in full force and effect until written notice of an amendment or rescission thereof is delivered to and receipted for by Bank; and RESOLVED FURTHER, that the Recordkeeper be and he/she is hereby authorized and directed to certify to Bank this resolution and that the Recordkeeper signing this Resolution and Agreement or any person designated in writing by the Recordkeeper, is authorized to certify to the Bank the names and signatures of persons authorized to act on behalf of the Organization under the foregoing Resolution and Agreement, and from time to time hereafter, as additions to or changes in the identity of said Recordkeeper are made, such Recordkeeper or designee shall immediately report, furnish and certify such changes to the Bank, and shall submit to Bank a new incumbency certificate or other document reflecting such changes in order to make such changes effective; and RESOLVED FURTHER, that the foregoing resolution was adopted in accordance with the governing documents of the Organization, and that such resolution is now in full force and effect. IN WITNESS WHEREOF, the undersigned Recordkeeper has subscribed his or her name and, if appropriate or required, applied the seal of the Organization to this Resolution and Agreement as of this 25th day of August , 2020 . RECORDKEEPER Signature by Secretary, Assistant Secretary, or other Person certifying to this Resolution and Agreement ADDITIONAL OFFICER Signature by Second Person, certifying to incumbency of Recordkeeper Signature Signature Name: Brenda Torres Name: Sarah Smith Hymes Title: Town Clerk Title: Mayor Affix Seal, if required by Organization’s governing documents. UMB i 7000031 (R 02/07) ATTACHMENT B Additional Signatures of Members, Partners or Other Required Persons The undersigned persons, being Members, General Partners, or other persons required under the governing documents of the foregoing Organization Resolution and Agreement for Credit Card Program, hereby consent to the adoption thereof. Signature Signature Name: Scott Wright Name: Paul Wisor Title: Finance Director / Treasurer Title: Town Attorney Signature Signature Name: Name: Title: Title: Signature Signature Name: Name: Title: Title: Signature Signature Name: Name: Title: Title: Guidelines for Completion for Customers that are U.S. legal entities: • Corporation: The Recordkeeper signing above should be the corporate secretary or assistant secretary. The second person may be the Chairman, President, CEO, a Board member, the Treasurer or the CFO. • Partnership, Limited Liability Partnership, Limited Liability Company, or Sole Proprietor: All general partners, all members, or the sole proprietor must sign this form, unless Organization’s governing documents specify that a manager, managing general partner or other person may act. In any event, a second general partner or member must sign in the second place. Sole proprietors do not require a second signature. • Governmental Entity: The Treasurer must sign in the first place, unless the Organization’s charter specifies otherwise. The entity’s Chairperson, Vice Chairperson, or Counsel must sign in the second place. ATTACHMENT B (970) 390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eva Wilson, Mobility Director RE: Avon Bikeshare Update DATE: Aug 14, 2020 SUMMARY: This report provides a brief overview of Avon’s bikeshare program. The Avon Strategic Plan includes states Goal 2. as “Zagster Bike Share: explore expansion of Zagster bike share program, including stations, sponsorships and partnerships with outside organizations.” Zagster discontinued operations last spring. Council direction is requested on whether to further pursue bike share programs in 2021 or at a later date. BACKGROUND: The Avon Bikeshare Program was launched on August 30, 2017 and provided 24/7 access to bicycles for residents and tourists. The program began with 4 bike stations with 20 bikes, each available for rent through the Zagster mobile app. Costs per station is $9,000. (approx. $1,800/bike). Due to local winter weather conditions (safety and wear & tear) and reduced ridership, the program hibernated from Dec 1 to March 31. Avon’s bikeshare program started with 4 stations and 20 bikes in 2017 and ended with 6 stations and 30 bikes in 2019. Zagster was the North American leader in bike sharing, powering more than 200 bikeshare programs in 35 states. They provided turnkey service and operated/maintained the bike share program. The benefit of their flexible bike share system was that it could be expanded quickly based on demand, additional financial support, and the desire of the community. On May 27, 2020 Zagster announced the dissolution of Zagster due to COVID-19 impacts. During the life of the program, Avon provide 1,700 bike trips at a cost of $45/trip. The goal of the bike share program was to support implementation of the 2017 Multimodal Transportation and Parking Report (“2017 Mobility Plan”), which states in the Introduction: “The key multimodal transportation and parking goal is to “Create an integrated multi-modal transportation system that minimizes dependence on automobile travel by making it easier and more inviting to use transit, walk, ride bicycles, and utilize other non-motorized vehicles.”” The 2017 Mobility Plan specifically addresses Bike Share Programs on Page 49 as follows: “Establish a Bike Share Program Bike share programs are increasingly being implemented across the nation (including in smaller resort communities) as they can provide multiple benefits including reducing auto usage and associated greenhouse gas and other environmental impacts, reducing pressure for parking, and increasing overall health and well‐being. In the United States, over 100 cities currently have bike share, including successful programs in Aspen/Basalt and in Ketchum/Sun Valley Idaho. Avon should pursue starting a program with approximately 30 to 40 bikes. The flat topography in the valley floor, relatively short and bike‐able distances between land uses and the presence of good cycling facilities are all factors that indicate a high potential for success. Using a private operator could minimize upfront costs, and allow Avon to test feasibility, understand staffing needs and make modifications to the program before making a long‐term capital investment in bicycles. Potential bike station locations would Page 2 of 2 be at Town Hall/Rec Center, major lodging properties, as well as residential areas such as Eaglebend, The Aspens, and Buffalo Ridge. The potential success of the program would be improved if other entities (such as Beaver Creek, Vail and Eagle County) are also included to result in a broader regional program. Provision of additional bike sharing stations could also be a requirement of future major developments, such as hotels and multifamily housing projects.” Avon sought to coordinate expansion of the bike share program with Eagle County whereby Eagle County intended to establish Zagster bike stations in Eagle-Vail and Edwards. This program did not move forward due to the COVID-19 pandemic and closure of Zagster operations. MEMBERSHIPS: Annual membership dues: $10; First 2 hrs. – Free; $25/hr. after 2 hrs. 24 hr. membership dues: $2; First 2 hrs. – Free; $25/hr. after 2hrs. RIDERSHIP SUMMARY: EPA estimates that an average passenger vehicle emits 411 grams of CO2 per mile. Assuming the average bikeshare trip is 2 miles, the total GHG emissions saved by the 1700 trips is ~ 1.4 metric tons. Every program dollar saved 18.3 grams of GHG emissions. A $45 bikeshare trip saved ~ 822 grams of GHG. Thanks, Eva MANAGER’S COMMENTS: Council direction is requested on the Bike Share Program. The bike share program is expensive for Town, particularly with the cost per ride which is more expensive than renting. We have existing businesses that rent a variety of bikes, including road bikes, mountain bikes, cruisers and e- bikes. We have not identified the user group that we are seeking to accommodate. It seems that many, if not most, residents would have their own bikes and that visitors have the opportunity to rent bikes from local bike shops. The Green House Gas reduction benefit is very (very) small and does not justify the expenditure to advance Climate Action Goals. MANAGER’S RECOMMENDATION: Prior to any further investment in a Bike Share Program, I recommend that Avon survey local bike shops and conduct a survey of visitors and accommodations businesses to determine user groups that would benefit from a bike share program. 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Public Hearing for Outdoor Use of Amplified Sound Permit DATE: August 18, 2020 SUMMARY: The Town Council is asked to consider approving or approving with modifications an Outdoor Use of Amplified Sound Permit for applicant, Emogene Bedrosian. The applicant has requested an amplified sound permit to utilize amplified sound equipment at their private residence for a “classical piano concert amplified to deck, driveway, yard” on Thursday, August 27th and Thursday, September 3rd between the hours of 6:00 p.m. and 9:00 p.m. BACKGROUND: A public hearing is required on Outdoor Use of Amplified Sound for events that will be using amplified sound systems before 9:00 a.m. or after 8:00 p.m. in any non-commercial zone (Avon Municipal Code Chapter 5.24.020). The applicant has requested the permit be issued for the timeframe of 6:00 p.m. until 9:00 pm. This event will utilize amplification sound equipment to help amplify the sound of classical piano music near the applicant residence to include the deck, driveway and yard. Please note the public notice was posted on August 19th for the public hearing on August 25, 2020. At the time of this report, the applicant has not yet submitted the $25 processing fee for the amplified sound permit. The applicant has been invited to attend the virtual meeting. The “Administrative Procedures” adopted with Ordinance No. 15-07 provide the framework for issuing this type of permit. The Council may consider some of the following in making its decision to issue the sound permit: 1. Comments by the public. 2. Whether the potential adverse impacts of the sound and noise generated upon the community and surrounding neighborhood are unreasonable for if the negative impacts exceed the potential benefits to the community of permitting the event. 3. Proximity of the proposed location to residential neighborhoods. 4. Proposed direction of sound projection. 5. Screening of sound from neighboring properties. 6. Compatibility with other uses and activities in the vicinity. RECOMMENDATION: Staff has reviewed the application and supporting documents and find that the location of the residence, surrounding natural environment, proximity of neighbors and type of music allow for a low impact event. Therefore, staff recommends approving the request for Outdoor Use of Amplified Sound for both requested dates. OPTIONS: The Town Council may prescribe any condition or requirement deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. PROPOSED MOTION: “I move to approve the Outdoor Use of Amplified Sound Systems for Thursday, August 27th and Thursday, September 3rd between the hours of 6:00 p.m. and 9:00 p.m. as requested by applicant, Emogene Bedrosian.” Thank you, Danita Dempsey ATTACHMENTS: Page 2 of 2 Exhibit A – Bedrosian Permit Application for Outdoor Use of Sound Amplification Systems Exhibit B – Bedrosian Sound Projection Map Exhibit A Exhibit B 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Public Hearing for Outdoor Use of Amplified Sound Permit Application DATE: August 20, 2020 SUMMARY: The Town Council is asked to consider approving an Amplified Sound Permit on the Main Street Mall for small ambient activation with single performers and/or two or three person bands performing lightly amplified and/or acoustic music during the Possibilities in Avon: Weekly Art Expo produced by CMM Events. The event hours are 11:00 a.m. and 6:00 p.m. on Wednesday’s; see dates listed below: • August 27 • September 3 and 9 BACKGROUND: A public hearing is required for Outdoor Use of Amplified Sound for events that will be using amplified sound systems on the Main Street Mall (Avon Municipal Code Chapter 5.24.030). The proposed start time for music is approximately 11:00 a.m. and proposed end time is 6:00 p.m. The Sound Location and Projection Map provides various location from which sound amplification can originate from to provide the desired experience. The exact location will be determined once the type, style and genre of musicians for each event date are selected. For example, Location A may be most appropriate for lightly amplified music while Location B may be more appropriate for acoustic and/or strings ensemble – see Exhibit A A PUBLIC NOTICE was published, as required in Avon Municipal Code, for the public hearing on Tuesday, August 19, 2020. Information for Issuing Amplified Sound Permits: The Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of permit. The Council, in making its decision to issue the Amplified Sound Permit, may consider the following: 1. Comments by the public. 2. Necessity of the permit for the cultural, historical or social benefit of the community. 3. Proximity of the proposed location to residential neighborhoods. 4. Proposed direction of sound projection. 5. Screening of sound from neighboring properties. 6. Compatibility with other uses and activities in the vicinity. RECOMMENDATION: Staff recommends approval of the Outdoor Use of Amplified Sound Application to support the social benefit of the community providing an opportunity to enhance the guest experience during the Possibilities in Avon: Weekly Art Expo. OPTIONS: The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. Page 2 of 2 PROPOSED MOTION: I move to approve the Outdoor Use of Amplified Sound Application for the Possibilities in Avon: Weekly Art Expo in the Main Street Mall. Thank you, Danita ATTACHMENTS: Exhibit A – Outdoor Use of Amplified Sound Permit Application Exhibit B – Sound Location and Projection Map 1 Permit Application & Municipal Code for Outdoor Use of Amplified Sound Systems PERMIT APPLICATION FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM 1.NAME OF APPLICANT:________DARREN SKANSON________________________________________ 2.REPRESENTING BUSINESS/ORGANIZATION :_CCM EVENTS_______________________________________ ADDRESS AND/OR MAILING ADDRESS: 4214 EAST COLFAX AVENUE, DENVER CO 80220_________ 3.ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED:_MAIN STREET MALL, AVON, CO__ _________________________________________________________________________________ 4.TELEPHONE NUMBER: _720-941-6088_______________ 5.EMAIL ADDRESS: _DARREN@CCMBIZ.COM________________________ 6.PURPOSE FOR OUTDOOR USE OF SOUND AMPLIFICATION SYSTEM: _LIGHTLY AMPLIFIED OR ACOUSTIC MUSIC IN THE MAIN STREET MALL DURING THE POSSIBILITIES IN AVON: WEEKLY ART EXPO EVENT _______________________________________________________________________________ DATE/S OF PROPOSED USE: _AUG. 27TH, SEPT. 2 AND SEPT. 9________________ TIME/S OF PROPOSED USE: __11:00 A.M. TO 6:00 P.M.________________ 7.ATTACH A MAP OR DIAGRAM DEPICTING THE PROPOSED LOCATION OF SOUND AMPLIFICATION EQUIPMENT, DIRECTION OF SOUND PROJECTION AND POTENTIAL SOUND PROJECTION DISTANCE. 8.DESCRIPTION OF SOUND AMPLIFYING EQUIPMENT:_SMALL PUBLIC ADDRESS______________________________ SIGNATURE OF APPLICANT DATE THE PERMIT APPLICATION IS APPROVED BY THE TOWN OF AVON AS NOTED BY THE SIGNATURES BELOW. THE APPLICANT MUST COMPLY WITH CHAPTER 5.24 OF THE AVON MUNICIPAL CODE AS OUTLINED ON THE BACK OF THIS APPLICATION. ________________________________________ ___________________________________ TOWN CLERK DATE _______________________________________ ___________________________________ SPECIAL EVENTS STAFF DATE _______________________________________ ___________________________________ AVON POLICE CHIEF OR DESIGNEE DATE Exhibit A EXHIBIT B AVON REGULAR MEETING MINUTES TUESDAY AUGUST 11, 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 5:00 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra Underwood, Jake Wolf, Chico Thuon, and Jennie Fancher. Councilor Scott Prince was absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Finance Director Scott Wright, Executive Assistant to the Town Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:44 Mayor Smith Hymes added a Swim Program update from the Recreation Department after public comments. She also asked Council members if they would like to discuss item 6.7, her meeting management report, tonight, in a future agenda, or should they not discuss it at all. Councilor Underwood pulled item 6.6, Gallagher Ballot Question from the written reports. Mayor Smith Hymes put it as agenda item 5.9B. Councilor Prince joined the meeting by audio at 5:02 p.m. He was able to listen but not use his microphone. Mayor Smith Hymes introduced Attorney Haley Carmer, she will be the stand in Attorney for Town Attorney Paul Wisor this evening during a short period while he has to be absent. Mayor Pro Tem Phillips would like to discuss item 6.7 during a future meeting. Councilor Underwood moved to approve the agenda as amended. Councilor Fancher seconded the motion and the motion passed by a vote of 5 to 1. Councilor Wolf voted no. Councilor Prince did not have his microphone working to vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:05:02 No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:05:15 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 ADDED ITEM: RECREATION CENTER SWIM PROGRAM PRESENTATION Video Start Time: 00:06:04 Recreation Director John Curutchet, Aquatics Recreation Superintendent Michael Labagh and Swim Program Supervisor Meghan Hershey presented an update about the 2020 USA/Colorado Open Water Swim Championship event hosted in Nottingham Lake on August 8th and August 9th. Council members thanked and congratulated the three of them for all their efforts and hard work for this event. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 11, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.1. AVON TOWN COUNCIL SIGN-OFF ON THE UPDATED CC4CA POLICY STATEMENT (EXECUTIVE ASSISTANT TO THE TOWN MANAGER INEKE DE JONG) Video Start Time: 00:21:24 Mayor Smith Hymes presented. Jacob Smith, Executive Director of Colorado Communities for Climate Action (CC4CA) joined and responded to Councilor Fancher about whether the group is looking into any "drawdown" activities/initiatives which this group is, although they use a different term. He gave a quick update on the new 2020-2021 Policy Statement. Mayor Smith Hymes asked for public comment and no comments were made. Councilor Prince was able to connect his microphone. Councilor Fancher moved to approve and support the updated CC4CA Policy Statement and directed staff to email CC4CA to indicate Avon’s support of the new Policy Statement. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.2. CONSIDERATION OF BANG THE TABLE COMMUNITY ENGAGEMENT WEBSITE PLATFORM (COMMUNICATIONS MANAGER ELIZABETH WOOD) Video Start Time: 00:30:46 Communications Manager Elizabeth Wood was virtually present to answer questions. Town Manager Eric Heil presented and explained this is a useful tool to enhance our website and meet our goal of community engagement that is part of our 2020 strategic plan. Council had questions about moderating comments. Councilor Underwood asked if comments become public record and if we will be paying the onboarding fee. Town Attorney Paul Wisor said we will still have to follow the Records Retention Schedule. Councilor Prince asked about implementation timelines. The target implementation timeline is the fall. We can afford it in the 2020 budget with events being cancelled. The amount spent on events is much less than presented to Council back in April. Mayor Smith Hymes asked for public comment and no comments were made. No motion was needed. Per Mayor Smith Hymes, a poll was taken, and all 7 Councilors supported the recommendation from Staff, of purchasing the Bang the Table (BtT) Engagement Platform in 2020 to grow community engagement and participation through the Town of Avon website. 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) Video Start Time: 00:51:03 Town Attorney Paul Wisor introduced Ordinance 20-09 and explained no changes have been made since the first reading. Mayor Smith Hymes asked for public comment and no comments were made. Councilor Fancher moved to approve the Second Reading of Ordinance 20-09 Amending Chapter 3.08 of the Avon Municipal Code to provide for the collection of taxes on remote sales. Councilor Underwood AVON REGULAR MEETING MINUTES TUESDAY AUGUST 11, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE seconded the motion and the motion passed unanimously. 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) Video Start Time: 00:51:03 Town Attorney Paul Wisor introduced Ordinance 20-10 and explained no changes have been made since the first reading. Councilor Thuon asked about adding power lines in the ground too. Mayor Smith Hymes asked for public comment and no comments were made. Town Attorney Paul Wisor left the virtual meeting at 6:01 p.m. Attorney Hayley Carmer took over. Councilor Fancher moved to approve the Second Reading of Ordinance 20-10 Amending Section 12.04.380 of the Avon Municipal Code to require the installation of conduit in public streets. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.5. NOTICE OF AWARD FOR AVON STORMWATER QUALITY PROJECT (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 01:02:07 Town Engineer Justin Hildreth explained we have discussed this project for several years. There were multiple bids. Bids came in low and can be done under budget and earlier than expected. This is great news! Council thanked Justin for getting so many competitive bids. Council asked about maintenance/upkeep and damage/preservation of the trees. Town Engineer Justin Hildreth explained the design fee included both the east and west vault. Mayor Smith Hymes asked for public comment and no comments were made. Councilor Fancher moved 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. Councilor Underwood seconded the motion and the motion passed unanimously. Councilor Thuon suggested to re-bid the old town hall demolition again since we got so many bids on this project. Mayor Pro Tem Phillips asked Town Engineer Justin Hildreth if this is possible. He said it is and we could put out a bid in November or December. 5.6. WORK SESSION: 5G WIRELESS SAFETY AND LEGAL REVIEW (IT MANAGER ROBERT MCKENNER AND TOWN ATTORNEY PAUL WISOR) Video Start Time: 01:12:38 IT Manager Robert McKenner presented and summarized the conclusions. Stand-in Attorney Hayley Carmer explained the legal side of the 5G Wireless projects. The Town has currently legislated where possible in the current legal landscape and further action is prohibited on a federal level. Councilor Thuon suggested to sit back and do nothing and see how this plays out. Mayor Smith Hymes said installations are currently happening in the front range and they will be the guinea pigs. Mayor Smith Hymes asked for public comment and no comments were made. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 11, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.7. WORK SESSION: RECREATION CENTER FINANCIAL UPDATE REPORT (RECREATION DIRECTOR JOHN CURUTCHET) Video Start Time: 01:30:18 Recreation Director John Curutchet explained the report included in the packet and the loss in revenue related to the COVID-19 pandemic. Council inquired about after school / youth programs. Council thanked him for his explicit memo and all his hard work. Mayor Smith Hymes asked for public comment and no comments were made. 5.8. APPROVAL OF INTERGOVERNMENTAL AGREEMENT 2020 EAGLE COUNTY GENERAL ELECTION (TOWN CLERK BRENDA TORRES) Video Start Time: 01:43:43 Town Clerk Brenda Torres presented. She mentioned that, if the Town Council approves the Intergovernmental Agreement (IGA), the ballot will include three Councilor seats and that the IGA must be submitted to the County at least 70 days before the election, which is August 25, 2020, in order to participate. Town Attorney Paul Wisor returned to the meeting at 6:44 p.m. He said the agreement has been reviewed and it is good to be submitted. Mayor Smith Hymes asked for public comment and no comments were made. Councilor Fancher moved to approve the Eagle County Intergovernmental Agreement for the November 3, 2020 Eagle County General Election. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.9. DISCUSSION OF PROPOSED AMENDMENT TO AVON HOME RULE CHARTER (TOWN COUNCIL MEMBER JAKE WOLF) • PRESENTATION (JAKE WOLF) • COUNCIL QUESTIONS • PUBLIC INPUT • BALLOT QUESTION DEADLINES (PAUL WISOR) • COUNCIL DISCUSSION/MOTION Video Start Time: 01:47:24 Town Attorney Paul Wisor explained what the Town Charter is and how changes to the Town Charter work. It is typically a lengthy process because it needs to go on the voters’ ballot. Council decided to discuss the 4 suggestions one by one. 1) Councilor declining to get paid. All Councilors would like Town Attorney Paul Wisor to draft language for consideration on August 25th. Stand in Attorney Hayley Carmer left the virtual meeting at 7:16 p.m. 2) A Mayor elected by the people and manager of the town. The majority of Council did not support this idea. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 11, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Councilor Wolf left at 7:37 p.m. and re-joined 7:39 p.m. 3) Non-Resident Property Owners vote/serve on Council and Business Owners vote/serve on Council. There was no consensus to consider this for this year's ballot. Perhaps the topic can be revisited in a few months and we can poll the community via Bang the Table. 4) Clerk or another staff member report to Town Council. There was no consensus to consider this for this year's ballot. The majority of Council felt like we can look into it in Fall 2021 after the pandemic is over. Low priority. 5.9.B PULLED WRITTEN REPORT 6.6. GALLAGHER BALLOT QUESTION (TOWN ATTORNEY PAUL WISOR) Video Start Time: 03:22:00 Town Attorney Paul Wisor described the Gallagher amendment background and answered questions from Council. He mentioned it is possible that the proposed ballot question will be unnecessary as a statewide vote may eliminate Gallagher in its entirety this November. The majority of Council was supportive of putting “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 occurred?” on the ballot in November and letting the voters decide. 5.10. APPROVAL OF MINUTES FOR JULY 28, 2020 COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Video Start Time: 03:33:43 Councilor Underwood moved to approve the minutes from the July 28, 2020 Council meeting. Councilor Fancher seconded the motion and the motion passed by a vote of 6 to 1. Councilor Wolf voted no. 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 Video Start Time: 03:34:40 Mayor Pro Tem Phillips reported that tomorrow she will attend the quarterly ECO transit meeting where the group will be coordinating efforts on schedules. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 11, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Councilor Underwood asked Town Attorney Paul Wisor & Town Clerk Brenda Torres to summarize the Council Election Petitions for the public knowledge. Mayor Smith Hymes mentioned the memo that the Town Manager Eric Heil sent out about expectations for virtual meeting participation and zoom etiquette. She may put this on a future Council agenda. 8. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:39 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: July 23, 2020 RE: Summary of Authority’s July 23, 2020, virtual Board Meeting The following is a summary of items discussed at the July 23, 2020, Authority Board Meeting with the Eagle River Water & Sanitation District: Board members present and acting on the Authority’s behalf included: Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Pam Elsner, Sarah Smith Hymes, Mick Woodworth. COVID-19 Operations Update Linn Brooks noted absenteeism among staff remained low, though some employees were using vacation time. She discussed Eagle County’s shift from a cautious response to a more concerned response to the pandemic as local case numbers of coronavirus increased. Linn is satisfied with the District’s response, and sanitation and hygiene protocols at District facilities have proven effective. The majority of administrative staff is working offsite, and District facilities remain closed to the public. Drought Linn Brooks noted the current conditions are lower than average, but not nearly as low as streamflows observed during the 2012 and 2018 droughts. Monsoonal rains are expected soon, but staff continues to plan for low streamflows in late summer and early fall, as well as reaching out to excessive users to reduce water use. Solar Array Update Catherine Hayes updated on the desired purchase of the biosolids containment facility (BCF) land from the Bureau of Land Management (BLM). The district currently holds a patent for the land from the BLM; a direct sale of the land was requested, which would allow the District to use the land for a possible solar array. Under the patent, the use of the land is limited to drying of biosolids, which are the byproduct of the wastewater treatment process. Water Counsel Update Glenn Porzak reported on various diligence filings for the Authority, including those for water rights in Eagle Park Reservoir, Wolford Mountain Reservoir, and a multitude of Authority conditional water rights. Eagle Park Reservoir Stock Agreement Glenn Porzak reported that he expects the Eagle Board of County Commissioners to approve the conveyance of its shares in Eagle Park Reservoir to the Authority at its July 28 BoCC meeting. A joint press release on the conveyance will be issued, and the water will be used for affordable housing projects, per the terms of the stock agreement. REGULAR MEETING MINUTES ECRTA BOARD MEETING May 13, 2020 Eagle County Room 500 Broadway Eagle, CO 81631 Authority Members Present Avon Amy Phillips Beaver Creek Jennifer Brown Eagle County Jeanne McQueeney Gypsum Jeremy Rietmann Minturn John Widerman Authority Members Absent Eagle Anne McKibbin Red Cliff Valarie Blevins Vail Brian Stockmar Guests Eva Wilson - Town of Avon Paul Gorbold - Town of Avon Alternate Member Jeff Shroll - Eagle County Ms. Phillips called the meeting to order at 12:04 p.m. 1. Roll Call All members were present at the beginning of the meeting, with the exception of John Widermann and Valerie Blevins who arrived during Item 5. 2. Introduction of New Members Tanya Allen stated that Brian Stockmar was not on the call to attend. This item will be pushed back to the next ECRTA meeting. 3. Additions to the Agenda None 4. Approval of February 12, 2020 Minutes Ms. Brown moved to approve the minutes as written. Mr. Rietmann seconded the motion and it carried unanimously. ECRTA Meeting Minutes, May 13, 2020 5. Public Comments None 6. Discussion and Action Items Recap of Mission, Roles, and Responsibilities including Bylaws and Procedures: Ms. Allen discussed the representation of the ECRTA board and the bylaws. Jeanne McQueeney asked if we had full representation. Election of Board Chair and Vice Chair (Action Item): Jeremy Reitmann asked if Mr. Widermann would be interested in filling the board chair. Mr. Widermann respectfully requested to not be considered for that position given many of his duties and constraints. Ms. McQueeney asked if Jenn Brown would consider the position as chair. Ms. Brown stated that with staff support she felt that she could fulfill this position. Ms. McQueeney stated that it is beneficial to have rotating chair positions to keep all members engaged. Amy Phillips stated that she didn’t take any offense to not being recommended and alerted the board of her council term ending in the fall. Mr. Reitman stated that he would be willing to serve as the vice chair in support of Ms. Brown as board chair. Mr. Widerman moved to elect Ms. Brown as the Board Chair and Mr. Reitmann as the Board Vice Chair. Ms. McQueeney seconded the motion and it was approved unanimously. COVID-19 Update: Ms. Allen recapped where ECO Transit is with regard to COVID-19 and where we see the next steps heading. She discussed the safety measures in place including deep cleaning, back door boarding, and allowing staff at high risk to stay home. Ms. Allen highlighted the four major changes in service that occurred in March and April of 2020. She discussed the average daily ridership and budget impacts of COVID-19. Both have dropped drastically since the initial pandemic outbreak. Ms. Allen presented an overview of the CARES Act funding that ECO Transit has received and anticipates receiving in 2020. She stated that these funds are available on a direct reimbursement. Jeff Wetzel discussed the “Bare Bones” hourly service that is currently in place. He discussed the need for shadow buses due to increased traffic and the need to comply with current social distancing requirements. He stated that the service expansion will increase the Highway 6 route to 30-minute service and an express route on the Valley during the peak AM. Ms. Allen stated that this service will be put into place on Sunday, May 17, 2020 with public notice going out tomorrow. Ms. Phillips asked if ECO Transit was receiving push back on the requirement to wear masks. Mr. Wetzel stated that most riders are complying, but some passengers and the general public are pushing back on the requirements. ECRTA Meeting Minutes, May 13, 2020 Ms. Phillips asked how these ridership numbers compare to a typical May. Mr. Wetzel stated that it is a drastic drop, but that he doesn’t have specific numbers. Ms. Phillips asked if people felt unaware in February. Mr. Wetzel stated that we have been having many “what if” conversations since then, but as a resort community it appeared that the pandemic hit Eagle County early. Mr. Reitmann asked if Ms. Allen could speak more towards the sales tax drop estimate. Ms. Allen stated that it was a preliminary figure from the Eagle County Finance Department. Mr. Reitmann stated that he felt that prediction seems low. Mr. Widerman asked how the fare structure would be reinstituted. Ms. Allen stated that the initial policy would return to the pre-existing fare structure. She further stated that the Mobile Fare Payment RFP is nearly complete and would allow ECO Transit to look at revising the fare structure at a future board meeting. Lance Trujillo informed the board of the COVID related delays, but stated that mobile fare payments are still expected for the Winter 20/21 season. Mr. Trujillo stated that mobile fares do open up the possibility of a variety of fare types. Resumption of Fare Collection: Ms. Allen discussed the rationale for stopping fare collection as a public health safety measure given transmission of COVID. She discussed the need for driver protection prior to resumption of fare collection. She stated that we are working on a short term solution for a marine grade vinyl barrier as we look to more permanent solutions for protecting the drivers and passengers from unnecessary interactions during the fare collection process. Ms. Allen also discussed the inperson pass sales, including the VTC office and the MSC, where paper and yearly passes are sold. She lastly discussed Money Room operations to respect social distancing while also counting and sorting money in a safe and fiscally responsible manner. Ms. Allen highlighted that the driver shield is the biggest hurdle to overcome in these steps. She discussed the need for fare revenue as it historically accounts for 20% of ECO Transit’s operating budget. Ms. Brown stated the unification of our systems with COVID responses and the expectation of passengers on each of our separate systems. She stated that this messaging is important for the public to understand and to help set riders up for success. Ms. Allen and Mr. Wetzel agreed and stated that Transit Operators have been in touch during the pandemic response and that joint messaging is important. Mr. Reitmann stated that personal responsibility messages need to be threaded throughout the public information. Ms. Phillips stated that her preference is to keep the service free, but she was alarmed to hear that people are joy riding on the buses not using them for critical needs. She wanted to verify that front door loading is something that ECO Transit staff is comfortable with. Ms. Allen agreed that safety is important, but revenue loss is also a critical issue. ECRTA Meeting Minutes, May 13, 2020 Mr. Reitmann stated that sustained viability long term is an important issue, not just short term convenience. Ms. Brown suggested that ECO Transit install markings at bus shelters and stops to help encourage proper distancing. Jared Barnes stated that we don’t have any current measures in place, but we could implement those relatively quickly to help encourage personal responsibility. Ms. Phillips requested a joint message for all agencies and see if there is signage that can be placed at all stops throughout Eagle County. Ms. McQueeney stated that Eagle County has developed some signs and can get them to Ms. Allen to help expedite this process. Street Media Group Minimum Annual Guarantee Relief (Action Item): Ms. Allen stated that she received a request from Street Media Group about their ability to meet the $75,000 minimum guarantee for 2020. She also highlighted that this was already reduced from $100,000 in previous years. She discussed the ideas of a 50/50 revenue split, a lowered MAG, or other in kind advertisements to make up the gap in 2020. She requested input from the Board on how to proceed with the request for a reduced MAG. Mr. Widermann preferred the idea of advertising in place of cash for making up the MAG gap. He wasn’t sure what partnerships could be put in place to help get the word out on advertising on the buses. He stated that Minturn is looking at using Economic Development dollars to help support and advertise local businesses. Mr. Reitmann supported Mr. Widermann’s suggestion, but wanted to know what the estimated gap was. Ms. Allend stated they are expecting a 50/50 split of $40,000 through their year. Ms. Phillips also supported Mr. Widermann’s advertising-in-lieu idea. She felt there were good advertising opportunities with businesses that remain open. She would be open to a 50/50 split, but additional advertising would be a greater benefit. Ms. Phillips asked if the CARES Act funding would be eligible for this use. Ms. Allen stated that the specifics aren’t entirely known, but she doesn’t expect lost advertising revenue to be eligible. Mr. Retimann was comfortable with Ms. Allen negotiating the best options for SMG and ECO Transit. He is in favor of reserving advertising in the future for community events or only wrapping ECO Transit buses with rotating self design wraps. Ms. McQueeney agreed with letting Ms. Allen negotiate the best deal. She also supported less visual noise and limiting advertising. Mr. Widermann agreed with Ms. Allen negotiating, but wanted to see some form of quality advertising on buses that are local. Ms. Phillips agreed with the direction of the fellow board members. ECRTA Meeting Minutes, May 13, 2020 7. Information and Staff Updates Director and Staff Updates Q & A: Ms. Allen stated that this section has been revised from previous meetings, but that each staff member has prepared a traditional report and is available to answer questions. Ms. McQueeney asked if the Eagle to Horn Ranch trail has any new cracking. Kevin Sharkey stated he has not received any feedback, but asked if she has noticed any. Ms. McQueeney stated that the Eagle side has a small crack and was hoping that there was no structural damage. She further highlighted heavy use of the trails which is great. Mr. Reitmann stated that mobile fares are part of the COVID response and should be included in those discussions. Ms. Phillips stated that Stonebridge pedestrian crossing is important to the Town, but CDOT is not including this work in the 2021 road overlay. She stated that she would like to have a greater community involvement to help demonstrate the need to CDOT for safe crossings and reduced speeds on Highway 6. Mr. Sharkey asked if the crossing was between bus shelters or adjacent to the intersection. Ms. Phillips responded that it would be closer to the intersection as the bus stops are further away. Mr. Sharkey stated that Eagle County has a template for crossings with EagleVail and Edwards crossings, but that it is out of the scope of the road overlay project. Ms. Phillips stated that it was frustrating that CDOT isn’t including these costs in their projects. Mr. Widermann stated that the Climate Action Collaborative is seeking feedback on the Commuter Survey and he asked each member to share that survey with their constituents to get additional information. Board Member Roundtable: Ms. Allen stated that this was an opportunity for board members to share any information from their agencies that would help inform ECO Transit. Mr. Widermann stated that he would like to have future agenda items funneled through Ms. Brown and Ms. Allen to help get them coordinated on the meeting. Ms. McQueeney thinks this is a beneficial agenda item and looks forward to a time when construction projects are happening. The next meeting will be held Wednesday, August 12, 2020, in the Eagle County Room at the main Eagle County building. Respectfully Submitted: Jared Barnes Planning Manager, Clerk to the ECRTA Advisory Board ECRTA Meeting Minutes, May 13, 2020 Minutes approved for May 13, 2020 meeting. Date Seal Clerk’s Note: Notice for this meeting was properly posted as required. ECRTA Meeting Minutes, May 13, 2020 REGULAR MEETING MINUTES ECRTA BOARD MEETING August 12, 2020 Eagle County Room 500 Broadway Eagle, CO 81631 Authority Members Present Avon Amy Phillips Beaver Creek Jennifer Brown Eagle County Jeanne McQueeney Gypsum Jeremy Rietmann Minturn John Widerman Red Cliff Dana Veljacic Vail Brian Stockmar Authority Members Absent Eagle Scott Turnipseed Guests Mike Rose - Town of Vail Eva Wilson - Town of Avon Paul Gorbold - Town of Avon Alternate Member Kelley Collier - Eagle County Greg Hall - Town of Vail Ms. Brown called the meeting to order at 12:02 p.m. 1.Roll Call All members were present at the beginning of the meeting, with the exception of Scott Turnipseed. 2.Introduction of New Members Jennifer Brown introduced Brian Stockmar representing the Town of Vail and Dana Veljacic representing the Town of Red Cliff. 3.Additions to the Agenda None 4.Approval of February 12, 2020 Minutes ECRTA Meeting Minutes, August 12, 2020 DRAFT Mr. Widermann moved to approve the minutes as written. Ms. Phillips seconded the motion and it carried unanimously. Mr. Stockmar abstained due to his absence. 5. Public Comments None 6. Discussion and Action Items Ridership and COVID-19 Update (Information): Ms. Allen presented an update on ridership. She stated that a return to fares is currently planned for September 1st. She stated that ridership is still down approximately 60%, but following seasonal trends. Ms. Allen stated that a remodel of the dispatch office is underway to improve social distancing for critical staff. Mr. Reitmann asked for the origin and destination of critical riderhip. Ms. Allen stated that West Edwards is one of the biggest draws heading to the Vail work centers. Mr. Wetzel concurred with her statements. Winter Service Planning Priorities/Regional Coordination (Discussion): Ms. Brown stated that transit is a critical function and that guidance is important. She stated that transit operator’s communication is critical to help share ideas and provide consistent expectations of riders. Ms. Allen stated that current communication has been good, but ad hoc. She stated that one outstanding issue is social distancing requirements to make sure that each agency is safe, but moving necessary riders. Ms. Phillips asked if there is a county-wide standard. Ms. Allen stated that the county health order is the only direction, but agencies are interpreting this differently. Also she highlighted the trip type as important in understanding exposure risk as a short trip has less exposure than a longer trip from Gypsum to Vail. Ms. Phillips comments that leaving windows open may be a good option for increased air circulation. Ms. McQueeney stated that the consideration and collaboration on the ECRTA Board is helpful. She highlighted some of the struggles that RFTA is dealing with as communities have different opinions and expectations and collaboration isn’t always the primary goal. Mr. Stockmar asked if there was state or federal guidance on social distancing. Ms. Allen stated that the “maximum extent possible” was the guidance, but this term was open to interpretation. Ms. Phillips asked if any drivers have gotten sick while driving. Mr. Wetzel stated that we did not have any. Mr. Reitmann asked how Vail was dealing with social distancing requirements. Mr. Stockmar outlined some of the initiatives, but stated that compliance was still very difficult. He stated the Town of Vail has seen increases in mask use among tourists, which is a positive trend. Ms. Phillips asked if signage has been placed in bus shelters outlining the need for masks. Ms. Brown further commented that this collaboration could help guide PSAs on who is riding our buses and why masks and social distancing is important. ECRTA Meeting Minutes, August 12, 2020 DRAFT Ms. Allen highlighted winter service level planning scenarios. She stated that one option is a traditional winter service scenario; a second option is extending our current summer service level into the winter; and, the third option is between the two with some key routes and trips added to the current service levels. Mr. Stockmar discussed the latest editorial from Rob Katz about Vail Resorts winter service plans. He highlighted that the Town of Vail is planning for a normal winter, but staying flexible and being able to respond to COVID impacts in real time. Ms. Phillips stated that Town of Avon is mostly focused on the post ski day downloading impacts which is when their buses are at peak capacity. She stated that many of their changes will be due to funding impacts the Town experiences as a result of COVID. Mr. Reitmann stated that they are supportive as part of the system and open to conversations that could improve the situations for all communities. Mr. Widermann stated that Minturn would like to keep their level of service as unaffected as possible, but open to reductions so long as service to the community is provided and commensurate with other reductions. Ms. Brown discussed the expected reductions in skier visits, but also understands that demands for the various aspects of their service will remain high. Mr. Gorbold stated that his biggest concern was on the parking lot shuttles and would like regional collaboration on capacity restrictions. He stated that service will struggle to keep up with demand especially during special events, such as Talons Challenge. Ms. Brown cautioned against focusing only on skiers and not on the local employees who may not have the same ability to bundle up or cover up. Ms. Allen discussed the idea that the Vail/Beaver Creek Express trip, which is currently a premium route, could handle more load and reduce impacts on Avon and Beaver Creek service. Transit Hub Update (Information): Ms. Allen updated the Board on the status of Transit Hub. She overviewed the project vision and the delay of launching the app. She discussed the additional application updates which occurred over the summer. She stated that ECO Transit is moving forward with a soft launch in order to limit over promoting transit use. Mr. Trujillo stated that the link should be available in the next month and all buses have Real Time systems installed, which will be available to the public this fall as well. Ms. Allen stated that the original Transit Hub group will reconvene to understand our current state as well as to look forward ensuring that Transit Hub is responsive to future needs. Mr. Stockmar asked if Transit Hub will incorporate NextBus and other existing systems that transit agencies are using for predictive arrivals. Mr. Trujillo stated that ECO Transit is working with Chris Southwick to make sure that we are accommodating and incorporating Vail Transit information as it develops. Mr. Stockmar was encouraged to hear that and offered his help to keep the unification of information moving forward. ECRTA Meeting Minutes, August 12, 2020 DRAFT 2021 Capital/Project Expenditures (Discussion): Ms. Allen presented the anticipated large scale projects for funding in 2020. Mr. Barnes informed the board of the recent FTA Section 5339(b) award which could grow the existing 4 replacement vehicles to 6 depending on when a grant contract is executed. Ms. Brown asked when delivery of replacement vehicles would occur. Mr. Barnes stated that delivery is anticipated in November 2021. Mobile Fares/Fare Policy (Discussion/Action Item): Ms. Allen stated that ECO Transit is currently receiving proposals from mobile fare vendors. Mr. Trujillo overviewed the project scope. He stated that today is the deadline for submission, but that we are allowing electronic submissions due to COVID and the Grizzly Creek Fire roadway closures. He further outlined the project steps with the goal of mobile fare payments being available by the end of the year. Mr. Stockmar discussed his experience throughout Europe and Asia of using mobile payment systems and he is very excited to get these capabilities here locally. Mr. Trujillo also highlighted the touchless payment capabilities as a benefit for reducing COVID transmission risk. Lastly, Ms. Allen highlighted the benefits that mobile fares could have on revisiting our fare policies which could allow ECO Transit to incentivize certain types of trips. She asked the board if there were any interested people who would be willing to meet on a subcommittee to set visions and help staff formulate recommendations. Mr. Widermann asked if this was a separate committee from the evaluation of mobile fare vendors. Ms. Allen stated that it was and that she was looking for volunteers for both committees. Mr. Widermann stated that he would be open to participating, but has limited availability and wouldn’t want to detract from the process. Ms. Phillips, Mr. Widermann, Mr. Stockmar all volunteered for the fare structure subcommittee. Mr. Stockmar requested additional information on the financial situation for ECO Transit given his background as an economist. Street Media Contract Decision (Action Item): Ms. Allen presented the background information from the May meeting as well as the options presented by Street Media Group for the advertising in lieu of the minimum revenue guarantee. She also presented the options from Street Media Group for a contract option covering 2021 and 2022. Ms. Allen requested input on the two questions: the 2020 MAG revision; and, the 2021-2022 contract extension. Mr. Stockmar discussed the similar issues that Town of Vail is dealing with. He stated that advertising in lieu is the option Vail is looking at, but focusing on staying flexible and nimble. He would like to keep the amendment capabilities open so that each party can respond as economic realities shift. Mr. Rietmann stated that he supported the staff recommendation for the short term. He reiterated that he doesn’t support long term advertising as it could reduce the visual clutter for guests. ECRTA Meeting Minutes, August 12, 2020 DRAFT Ms. Brown also stated that this would provide staff a time to develop pathways moving forward with community and business support. Ms. McQueeney asked about the contract length. Ms. Allen stated that the current contract expires in September, but the contract allows Street Media Group to exercise an additional 2 year option if they would like. Ms. McQueeney supported Mr. Rietmann’s desire of lack of long term bus advertising and questioned how much staff time would be required. Ms. Allen stated that a new advertising contract could be done within a year, but a rebranding would likely take 2 years to have a thoughtful outcome. Mr. Widerman supported the staff proposal and the reconsideration of advertising in the next 2 years. Mr. Stockmar also supported the two year extension. Ms. Brown questioned the cash contribution in year 1 and year 2. Ms. Phillips thought a better definition of shortened would be necessary to allow both parties to understand the expectations. Mr. Rietmann moved to accept the reduced minimum annual guarantee for 2019-2020 as recommended by staff. Ms. Phillips seconded the motion and it passed unanimously. Mr. Rietmann moved to proceed with the 2 year extension proposal from Street Media Group with the caveat that the term shortened is defined. Mr. Stockmar seconded the motion and it passed unanimously. 7. Information and Staff Updates Q&A - Director and Staff Updates: Ms. Allen opened the meeting to questions on the staff updates from the Board. Mr. Rietmann asked if the social distancing requirements were not in place, if there would be loading concerns. Mr. Wetzel stated that there are a few trips during the peak morning times where social distancing load requirements are constrained. He anticipated this trend to continue through the remainder of the summer and fall. Mr. Barnes overviewed the E-Bus status and next steps for testing and training. Mr. Stockmar stated that he hoped there was testing during cold weather which impacts battery capacity based on his use of battery electric vehicles. Board Member Roundtable: Mr. Rose asked about E-Bus Charging facilities. Mr. Barnes discussed the Avon Mobility Center and Maintenance Service center chargers which have been installed. Mr. Widerman asked about the definitive date on returning to fares. Ms. Allen discussed the need for driver barrier installation and hoped the decision would be made shortly. Mr. Widerman was concerned about the returning to fares and would support continued waiving of fares as additional fare conversations occur. Ms. Brown stated that the budget concerns played a part in the need to return to fares. Ms. Phillips raised her concerns about limited financial capacity of local residents and how a return to fares could further stress those individuals and households. Mr. Rietmann discussed the fiduciary responsibility in the transportation system in recouping its costs. He felt ECRTA Meeting Minutes, August 12, 2020 DRAFT there was capacity to encourage private capital in helping solve the financial constraint issues of local residents. Mr. Widerman suggested looking at CARES act funding as a way to help subsidize fare collection requirements of the system. Ms. Allen discussed the suspension of fares as a result of driver and passenger safety, not financial hardships of local residents. Ms. Phillips suggested that private benefactors could help provide passes to at need individuals. The next meeting will be held Wednesday, November 11, 2020, in the Eagle County Room at the main Eagle County building. Respectfully Submitted: Jared Barnes Planning Manager, Clerk to the ECRTA Advisory Board Minutes approved for August 12, 2020 meeting. Date Seal Clerk’s Note: Notice for this meeting was properly posted as required. ECRTA Meeting Minutes, August 12, 2020 DRAFT FISCAL YEAR 2020 FINANCIAL REPORT August 25th, 2020 ______________________________________________________________________________________ 1.Financial Report Cover Memo 2.Sales and Accommodations Tax Reports – June 3.Accommodations Tax Report – June 4.Tobacco Tax & Cigarette Tax – June 5.Real Estate Transfer Tax Report and Monthly Detail – June 6.Recreation Center Admissions – June 7.Recreation Center Program Fees - June 8.General Fund Year-To-Date Expenditures - June 9.Fleet Maintenance Fund Year-To Date Expenditures - June 10.Mobility Fund Year-To Date Expenditures - June To: Honorable Mayor Sarah Smith Hymes, Avon Town Council From: Joel McCracken, Senior Accountant Date: August 25th, 2020 Agenda Topic: Fiscal Year 2020 Financial Report – June Data Revenues SALES TAX Sales tax revenue for the month of June totaled $801,965.52, a 10.49% increase from the previous year and a 9.50% positive variance over the cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5‐year period. Monthly sales tax collections by industry compared to one year ago have increased $55,957.54 for Home/Garden, $10,373.07 for Grocery‐Specialty‐Health, $14,544.24 for Sporting Goods Retail‐Rental, $29,063.28 for Miscellaneous Retail, $4,950.92 for Service Related businesses, $3,985.01 for Liquor Stores, $7,248.99 for Manufacturing/Wholesale, $16,874.17 for Construction Related services, $861.80 for Digital Media Supplies/Sellers, and $5,435.52 for Commercial and Industrial Equipment Rental & Leasing. Monthly sales tax collections have decreased by $42,764.93 for Accommodations, $24,879.64 for Restaurants‐Bars, $4,094.20 for Other businesses, $506.63 for E‐commerce retail, and $883.95 for Special Events. Year‐to‐date sales tax revenues through June have decreased 5.14% over the previous year, which is $222,559.90 under the previous year and $258,776.33 under the original budget estimates. ‐ 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 160,000.00 180,000.00 Sales Tax Comparison by Industry Jun‐19 Jun‐20 2 Amended Budgeted Revenue Comparison With resolution 20‐14 the Town has put forward an amended budget for sales tax, accommodation tax, and recreation center revenues due to COVID‐19 and the impact the Town has faced. The amended budgeted revenues for 2020 decreased to $7,276,101 for sales tax, $825,579 for accommodation tax, 703,772 for recreation admissions, and $271,565 for all recreation program fees. Based on the amended budget, the Town’s year‐to‐date sales tax revenues through June show a positive variance of 14.65% over the cumulative monthly budgets, the Town’s year‐to‐date accommodation tax revenues through June show a positive variance of 30.92% over the cumulative monthly budgets, which is based on average of the relative monthly percentages of taxes collected over a 5‐year period. While the Town’s year‐to‐date recreation admissions and program fee revenues through June show a negative variance of 37.15% and 9.14%, respectively, which is based on average of the relative monthly percentages of taxes collected over a 5‐year period. New and Renewed Business, Contractor & Sales Tax Licenses Issued in June Business License ‐ Fixed Location 14 Business License ‐ Home Occupation 5 Business License ‐ Short Term Accommodation 11 Business License – Special Event 6 Business License ‐ Vendor 61 Contractor License 13 Sales Tax License 13 Grand Total 123 ‐ 750,000.00 1,500,000.00 2,250,000.00 3,000,000.00 3,750,000.00 4,500,000.00 Sales Tax Accommodation Tax Recreation Admissions Recreation Program Fees Amended Budget v Actual Revenues YTD Comparison Amended Budget (YTD)Actual Revenues (YTD) 3 ACCOMMODATIONS TAX Accommodations tax revenue for month of June totaled $51,186.74, a 44.61% decrease from the previous year and an 43.00% negative variance from the cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5‐year period. Monthly accommodations tax collections decreased $18,396.45 for time shares $16,093.73 for hotels and $6,734.89 for vacation rentals compared to June 2019. Year‐to‐date accommodations tax revenues through June have decreased 25.91% over the previous year, which is $879,686.76 under the previous year and $226,684.31 under the original budget estimates. TOBACCO TAX and CIGARETTE TAX Tobacco Tax (40% rate) revenue for the month of June totaled $15,950.80 a 43.58% increase from the previous year. Year‐to‐date tobacco tax revenues through June have increased 22.93% over the previous year, which results in a positive variance of 5.67% compared to the original budget estimates. Cigarette Tax revenue for month of June totaled $24,732, an increase of 146.08% from the previous year as the number of packs sold has increased 4,894.00. Year‐to‐date cigarette tax revenues through June have increased 5.09% under the previous year and show a negative variance of 10.87% under the original budget estimates. ‐ 10,000.00 20,000.00 30,000.00 40,000.00 50,000.00 60,000.00 Time Shares Hotels Vacation Rentals Accommodation Tax by Type Jun‐19 Jun‐20 4 REAL ESTATE TRANSFER TAX Real estate transfer tax collections for the month of June totaled $222,169.29, a decrease of 6.31% from the previous year and a positive variance of 28.09% over the cumulative monthly budgets, which is based on average of the relative monthly percentages of taxes collected over a 5‐year period. Year‐to‐date real estate transfer tax revenues through June have decreased 4.17% over the previous year, which is $57498.01 under the previous year and $290,106.71 over the original budget estimates. Real Estate Transfer Tax (RETT) Transactions June RETT Transactions which paid 2% tax 8 RETT Exemptions for Primary Residence 3 RETT Exemptions for Full Exemption 15 Deed Restricted & Tax Exempt 0 Grand Total 26 ‐ 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 Tobacco Tax 40% Rate Cigarette Tax Per Pack Fee Tobacco Tax Interest Tobacco Tax Penalty Number of Packs Sold* Tobacco Tax Revenues 2019 v 2020 June Jun‐19 Jun‐20 $0 $200,000 $400,000 $600,000 $800,000 2016 2017 2018 2019 2020Year Real Estate Transfer Tax for June 5 RECREATION CENTER ADMISSIONS June admission fees totaled $12,372.10 an 81.97% decrease from the previous year. This is an 80.31% negative variance compared to the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5‐year period. Year‐to‐date recreation center admission revenues through June have decreased 50.49% over the previous year, which is $202,940.32 under the previous year and $212,655.34 under the original budget estimates. $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 2016 2017 2018 2019 2020 Recreation Center Admissions June 6 RECREATION CENTER PROGRAM FEES June program fees totaled $36,744.13 which is a 6.29% increase from the previous year. This is a 0.85% negative variance compared to the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5‐year period. Year‐to‐date recreation program fee revenues through June have decreased 33.97% over the previous year, which is $262,352.42 under the previous year and $63,070.43 under the original budget estimates. Expenditures General Fund expenditures through June 2020 total 45.83% of the total adopted budget. These expenditures include insurance premiums, computer services, events, community grants, equipment replacement, contract services, janitorial and legal services. Fleet expenditures through June 2020 total 47.98% of the total budget. These costs include expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums. Mobility funds expenditures through June 2020 total 22.06% of the total budget. These expenditures include costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance premiums. $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 2016 2017 2018 2019 2020 Recreation Center Program Fees June 2020 TOWN OF AVONSALES TAX 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from BudgetJanuary 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 819,179.33$ 850,557.74 841,459.85$ (9,097.89)$ 2.72% -1.07%February 788,999.06 774,754.00 798,923.33 785,412.03 809,165.90 852,887.87 820,617.44 (32,270.43)$ 1.42% -3.78%March 875,499.53 945,795.71 918,657.55 1,014,399.70 1,130,669.61 1,052,845.17 872,489.74 (180,355.43)$ -22.83% -17.13%April 403,560.42 438,198.18 425,727.85 394,986.15 424,685.32 449,835.05 349,051.52 (100,783.53)$ -17.81% -22.40%May 353,840.11 404,872.55 394,689.30 418,628.58 422,685.32 429,911.46 424,081.54 (5,829.92)$ 0.33% -1.36%June 570,424.51 693,675.00 650,794.65 757,498.52 725,840.03 732,404.65 801,965.52 69,560.87 10.49% 9.50%July 601,516.82 690,342.23 682,024.81 696,374.00 755,668.37 738,373.30 August 572,647.57 593,398.26 618,515.44 639,569.12 670,351.82 666,938.78 September 595,235.68 667,949.51 690,883.92 680,720.64 841,688.74 749,268.59 October 423,701.53 451,303.71 458,645.68 490,977.90 445,742.30 489,322.10 November 438,315.55 445,336.04 435,975.05 456,409.92 514,924.82 493,759.82 December 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,460,062.64 1,361,116.47 Total 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 9,020,664.20$ 8,867,221$ 4,109,665.61$ (258,776.33)$ -5.14% -5.92% Actual Collections$0$100,000$200,000$300,000$400,000$500,000$600,000$700,000$800,000$900,0002016 2017 2018 2019 2020YearSales Tax Collections for June 2020 TOWN OF AVONACCOMMODATIONS TAX 2020 Actual vs. Budget Budget YTD Collections Budget % change % change 2015 2016 2017 2018 2019 2020 2020 Variance 2019 to budgetJanuary 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 197,879.22$ 203,657$ 188,669.38$ (14,987.38)$ -4.65% -7.36%February 175,056.31 185,370.53 194,804.88 186,147.24 203,190.38 213,159 217,069.65 3,910.54$ 6.83% 1.83%March 183,650.29 217,387.54 201,008.55 206,783.36 246,969.61 238,260 128,344.90 (109,915.27)$ -48.03% -46.13%April 34,825.13 60,916.55 38,340.02 33,275.27 31,824.90 44,949 8,630.96 (36,318.02)$ -72.88% -80.80%May 28,002.56 37,357.48 39,961.98 42,618.10 47,259.21 44,050 13,289.59 (30,760.66) -71.88% -69.83%June 53,397.46 73,591.08 83,723.31 94,803.78 92,411.81 89,800 51,186.00 (38,613.51) -44.61% -43.00%July 86,301.22 107,595.18 119,300.76 119,458.02 131,645.50 127,345 August 75,107.71 87,674.05 100,628.23 98,193.15 110,203.30 106,472 September 60,417.74 68,139.11 81,837.60 85,257.82 89,362.90 86,886 October 38,706.72 45,738.23 48,223.10 53,236.86 45,781.00 52,284 November 34,328.47 37,570.50 46,397.08 47,934.88 70,385.29 53,397 December 198,421.26 200,114.56 189,505.28 185,008.67 219,964.12 224,092 Total 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,486,877.24$ 1,484,349.00$ 607,190.48$ (226,684.31)$ -25.91% -27.18%0.88 0.97 1.00 0.90 1.00 Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,0002016 2017 2018 2019 2020Accommodations Tax Collections for June 2020 TOWN OF AVONTobacco Tax Revenue 2020 Actual vs. BudgetBudget YTD Collections $ Change % of Change % change 2016 2017 2018 2019 2020 2020 2019 2019 to budgetJanuary - - - - 5,487.00$ 6,383.22$ 12,926.46$ 7,439.46$ 135.58% 102.51%February - - - - 21,144.74 24,598.42 12,212.75 (8,931.99)$ -42.24% -50.35%March - - - - 7,894.94 9,184.46 12,613.44 4,718.50$ 59.77% 37.33%April - - - - 15,416.30 17,934.33 12,340.11 (3,076.19)$ -19.95% -31.19%May - - - - 4,832.53 5,621.85 14,952.14 10,119.61 209.41% 165.96%June - - - - 11,088.32 12,899.43 15,920.80 4,832.48 43.58% 23.42%July - - - - 13,318.93 15,494.38 August - - - - 15,381.23 17,893.53 September - - - - 12,646.85 14,712.53 October - - - - 8,458.60 9,840.19 November - - - - 9,306.56 10,826.65 December - - - - 12,559.58 14,611.00 Total -$ -$ -$ -$ 137,535.58$ 160,000.00 80,965.70$ 15,101.87$ 22.93%5.67%Budget 160,000.00 Variance, Favorable (Unfavorable) (79,034.30)$ Actual Collections$0$5,000$10,000$15,000$20,0002016 2017 2018 2019 2020Tobacco Tax Revenue for June by Year TOWN OF AVONCIGARETTE TAX REVENUE 2020 Actual vs. BudgetBudget YTD Collections $ Change % of Change % change 2015 2016 2017 2018 2019 2020 2020 2019 2019 to budgetJanuary - - - - 6,649.98$ 7,840.81$ 17,252.91$ 10,602.93$ 159.44% 120.04%February - - - - 23,741.64 27,993.12 17,376.30 (6,365.34)$ -26.81% -37.93%March - - - - 23,073.42 27,205.24 16,659.00 (6,414.42)$ -27.80% -38.77%April - - - - 18,392.25 21,685.80 16,188.00 (2,204.25)$ -11.98% -25.35%May - - - - 28,462.95 33,559.89 23,781.00 (4,681.95)$ -16.45% -29.14%June - - - - 10,050.45 11,850.21 24,732.00 14,681.55$ 146.08% 108.71%July - - - - 18,693.15 22,040.58 - August - - - - 6,141.15 7,240.86 - September - - - - 15,846.00 18,683.59 - October - - - - 15,297.00 18,036.27 - November - - - - 8,322.00 9,812.24 - December - - - - 16,157.94 19,051.39 - Total -$ -$ -$ -$ 190,827.93$ 225,000$ 115,989.21$ 5,618.52$ 5.09%-10.87%Budget 225,000.00 Variance, Favorable (Unfavorable) (109,010.79)$ Actual Collections$0$5,000$10,000$15,000$20,000$25,000$30,0002016 2017 2018 2019 2020Cigarette Tax Revenue for June 2020 by Year TOWN OF AVONREAL ESTATE TRANSFER TAX 2020 Actual vs. BudgetBudget YTD Collections $ Change % of Change % change 2015 2016 2017 2018 2019 2020 2020 2019 2019 to budgetJanuary 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 72,520.00$ 80,110.48$ 179,460.00$ 106,940.00$ 147.46% 124.02%February 85,479.08 200,850.86 270,815.26 269,578.51 298,730.16 161,857.96 567,486.49 268,756.33$ 89.97% 250.61%March 168,744.22 265,061.65 254,737.53 344,556.74 180,819.76 174,580.77 113,350.00 (67,469.76)$ -37.31% -35.07%April 125,266.30 159,046.06 249,938.93 122,312.21 312,899.53 139,424.03 140,134.66 (172,764.87)$ -55.21% 0.51%May 237,971.08 184,987.10 377,490.82 351,236.93 278,241.63 205,646.07 100,256.56 (177,985.07) -63.97% -51.25%June 294,434.84 307,127.24 703,419.85 343,140.71 237,143.93 271,130.98 222,169.29 (14,974.64) -6.31% -18.06%July 396,838.68 259,977.94 219,208.74 272,420.41 86,755.74 177,641.40 August 152,380.93 186,483.40 592,467.49 343,249.80 400,027.60 240,835.14 September 291,223.61 321,957.68 423,013.80 311,022.50 604,158.92 280,638.63 October 172,855.22 641,688.59 497,642.58 330,671.24 359,782.63 288,011.16 November 169,328.38 315,109.37 425,402.80 211,818.76 570,245.09 243,322.46 December 225,862.90 588,514.66 227,918.50 196,105.45 1,597,177.98 407,800.92 Total 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 4,998,502.97$ 2,671,000$ 1,322,857.00$ (57,498.01)$ -4.17%28.09%Budget 2,671,000.00 Variance, Favorable (Unfavorable) (1,348,143.00)$ Actual Collections$0$100,000$200,000$300,000$400,000$500,000$600,000$700,000$800,0002016 2017 2018 2019 2020YearReal Estate Transfer Tax for June TOWN OF AVONRECREATION CENTER ADMISSION FEES 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from BudgetJanuary 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 72,981.86$ 75,597.73$ 79,231.98$ 3,634.25$ 8.56% 4.81%February 63,838.00 68,506.00 86,342.00 75,952.60 64,868.20 74,753.28 70,588.43 (4,164.85)$ 8.82% -5.57%March 77,902.00 81,664.00 76,023.00 79,071.20 78,824.90 81,818.49 34,641.33 (47,177.16)$ -56.05% -57.66%April 61,760.00 55,452.00 67,398.00 61,817.56 53,085.20 62,278.55 1,436.70 (60,841.85)$ -97.29% -97.69%May 43,119.00 50,067.40 54,337.00 50,252.60 63,563.00 54,340.97 713.50 (53,627.47) -98.88% -98.69%June 55,052.00 58,430.50 58,044.00 62,135.02 68,601.20 62,850.36 12,372.10 (50,478.26) -81.97% -80.31%July 61,472.00 66,399.80 65,873.60 72,441.40 88,528.43 73,756.96 August 63,233.00 66,388.60 76,558.30 73,573.10 70,491.40 72,827.33 September 36,846.00 44,719.00 49,017.70 49,315.70 55,598.60 48,967.57 October 75,818.00 61,167.00 51,833.00 59,692.77 58,055.60 63,745.23 November 29,570.00 71,384.00 72,114.00 126,981.80 51,281.50 73,053.33 December 77,672.00 112,201.00 169,092.78 186,927.10 276,537.00 171,010.21 Total 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 1,002,416.89$ 915,000$ 198,984.04$ (212,655.34)$ -50.49% -51.66%.Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,0002016 2017 2018 2019 2020Recreation Center Admissions June TOWN OF AVONRECREATION CENTER PROGRAM FEES 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from BudgetJanuary 23,252.13$ 17,133.04$ 28,815.64$ 32,368.50$ 26,095.68$ 25,923.63$ 27,872.08$ 1,948.45$ 6.81% 7.52%February 20,734.70 22,435.59 28,915.58 35,279.57 23,197.74 26,512.14 25,526.28 (985.86) 10.04% -3.72%March 15,184.33 19,132.72 29,016.16 28,669.46 27,280.96 24,221.71 14,589.59 (9,632.12) -46.52% -39.77%April 18,360.00 18,538.66 26,397.13 45,827.30 31,132.63 28,480.30 2,152.78 (26,327.52) -93.09% -92.44%May 22,175.69 39,447.85 44,605.22 37,300.42 31,335.76 35,508.05 7,748.60 (27,759.45) -75.27% -78.18%June 31,443.66 33,369.05 45,885.37 37,231.17 34,568.93 37,058.05 36,744.13 (313.92) 6.29% -0.85%July 29,162.29 44,969.88 46,745.40 49,968.33 43,607.82 43,546.94 August 31,055.94 46,025.52 52,318.40 64,320.46 49,982.60 49,486.28 September 18,209.25 36,240.11 30,853.05 41,463.74 34,704.93 32,788.29 October 20,380.77 22,068.60 26,881.06 26,782.63 22,588.68 24,103.56 November 20,095.40 30,866.78 25,906.72 24,952.65 20,749.47 24,889.25 December 21,918.03 30,294.89 37,309.30 26,328.09 31,740.68 29,969.80 Total 271,972$ 360,523$ 423,649$ 450,492$ 376,986$ 382,488$ 114,633.46$ (63,070.43)$ -33.97% -35.49% Actual Collections $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,0002016 2017 2018 2019 2020Recreation Center Program Fees June 2020 Dept./Div. 2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 267,662$ 898$ 148,764$ 118,000$ 55.91% 112 Boards and Commissions 19,649 - 6,243 13,406 31.77% 113 Town Attorney 155,000 131,916 33,955 (10,871) 107.01% 115 Town Clerk 132,860 3,310 60,928 68,622 48.35% 121 Municipal Court 145,994 14,970 58,326 72,699 50.20% 131 Town Manager 416,526 - 192,909 223,617 46.31% 133 Community Relations 209,967 15,246 91,079 103,641 50.64% 134 Economic Development 148,250 11,212 81,712 55,327 62.68% 136 Special Events 517,984 46,315 168,770 302,899 41.52% 137 Community Grants 92,000 - 86,260 5,740 93.76% COVID-19 286,206 29,987 244,831 11,388 96.02% Total General Government 2,392,098 253,854 1,173,777 964,468 59.68% Human Resources Department: 132 Human Resources 576,509 30,091 263,401 283,017 50.91% Finance & IT Department: 141 Finance 981,820 32,638 459,854 489,328 50.16% 143 Information Systems 452,604 27,918 218,861 205,825 54.52% 149 Nondepartmental 498,771 166,808 287,669 44,294 91.12% Total Finance & IT 1,933,195 227,365 966,383 739,447 61.75% Total General Gov't Departments 4,901,802 511,309 2,403,561 1,986,932 59.47% Community Development: 212 Planning 310,293 12,482 142,736 155,076 50.02% 213 Building Inspection 185,515 2 88,812 96,701 47.87% Total Community Development 495,808 12,484 231,548 251,777 49.22% Police Department: 311 Administration 830,189 32,742 410,258 387,189 53.36% 312 Patrol 2,887,652 113,188 1,215,639 1,558,825 46.02% 313 Investigations 319,366 1,516 152,247 165,603 48.15% Total Police 4,037,207 147,446 1,778,144 2,111,617 47.70% Public Works: 412 Engineering 268,254 2,373 129,114 136,767 49.02% 413 Roads and Bridges 2,359,138 146,103 1,137,728 1,075,306 54.42% 415 Parks 453,975 105,782 65,017 283,176 37.62% 418 Buildings & Facilities 1,211,537 88,889 526,351 596,297 50.78% Total Public Works 4,292,904 343,147 1,858,210 2,091,547 51.28% Recreation Department: 514 Administration 269,711 12,106 136,951 120,653 55.27% 515 Adult Programs 43,082 - 13,175 29,907 30.58% 516 Aquatics 580,842 20,336 232,475 328,031 43.52% 518 Fitness 69,903 - 24,330 45,573 34.81% 519 Guest Services 316,416 4,451 123,468 188,498 40.43% 521 Youth Programs 188,797 909 56,439 131,449 30.38% 523 Community Swim Program 159,636 10 54,736 104,890 34.29% Total Recreation 1,628,387 37,812 641,574 949,001 41.72% Contingency - - Operating Transfers 2,025,000 - - 2,025,000 0.00% - TOTAL OPERATING EXPENDITURES 17,381,108$ 1,052,198$ 6,913,036$ 9,415,874$ 45.83% Department Expenditure Summaries General Fund June 2020 Expenditures to Date Dept./Div. 2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,905,281$ 34,589$ 879,563$ 991,130$ 47.98% Total Operating Expenditures 1,905,281 34,589 879,563 991,130 47.98% TOTAL EXPENDITURES 1,905,281$ 34,589$ 879,563$ 991,130$ 47.98% Expenditure Summary Fleet Maintenance Enterprise Fund June 2020 Expenditures to Date Dept./Div.2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Mobility Administration 277,931$ 12,555$ 212,555$ 52,822$ 80.99% 432 Mobility Operations 3,144,688 306 517,069 2,627,313 16.45% 436 Wash Bay 179,309 9,741 80,560 89,008 50.36% 437 Mobiltity Programs 379,838 1,000 44,546 334,292 11.99% Total Operating Expenditures 3,981,766 23,601 854,730 3,103,435 22.06% TOTAL EXPENDITURES 3,981,766$ 23,601$ 854,730$ 3,103,435$ 22.06% Expenditure Summary Mobility Enterprise Fund June 2020 Expenditures to Date