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TC Packet 10-26-2021_______________________________________________________________________________ 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, October 26, 2021 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) VIRTUAL ONLY MEETING AS TOWN HALL IS OCCUPIED AS A VOTING CENTER Zoom URL: https://us02web.zoom.us/webinar/register/WN_OPA75eIgRXuQ_ZJyK-FqIw Phone: 346 248 7799 Webinar ID: 859 7176 3922 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. Swearing in of Officer Michael Davidson. Promotional Badge pinning for Master Sergeant Ken Dammen. Presentation of Chiefs Appreciation certificates to business sponsors of National Night Out 2021 and retirement proclamation for Master Police Officer Mike Lundblade (Chief of Police Greg Daly) (45 minutes) 5:05 5.2. Public Hearing: Proposed 2022 Budget (Finance Director Scott Wright) (30 minutes) 5:50 5.3. Public Hearing: Second Reading of Ordinance No. 21-11 Adopting Short-Term Rental Tax Regulations (Assistant Town Manager and Finance Director Scott Wright) (10 Minutes) 6:20 5.4. Approval of Frontgate Condominiums and Townhomes Development Agreement (Town Manager Eric Heil) (10 minutes) 6:30 5.5. Approving Architectural and Engineering Professional Service Agreement for 2757 Design Co. to complete design plans for Swift Gulch Housing Project (Planning Director Matt Pielsticker) (10 minutes) 6:40 5.6. Public Hearing: Second reading Ordinance 21-13 Adopting Avon Community Housing Plan Update (Planning Director Matt Pielsticker) (10 minutes) 6:50 5.7. Public Hearing: Second reading Ordinance 21-12 Department Consolidation (Town Manager Eric Heil) (10 Minutes) 7:00 5.8. Work Session: Idling (General Government Intern Emily Myler) (10 Minutes) 7:10 6. MINUTES 6.1. Approval of October 12, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 7:20 7. WRITTEN REPORTS 7.1. Monthly Financials (Senior Accountant Joel McCracken) 7.2. Quarterly RETT Report (Accountant Kristin Martinez) 7.3. Quarterly Update on 2021 department goals (Town Manager Eric Heil) 7.4. Metcalf Rd Culvert Update (Town Engineer Justin Hildreth) 7.5. Metcalf Road Transit Service Analysis (Mobility Director Eva Wilson) 7.6. Wildridge/Wildwood/Mountain Star Emergency Notification System Planning and June Creek Emergency Access Update (Planning Director Matt Pielsticker and Chief of Police Greg Daly) _______________________________________________________________________________ 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. 7.7. 2022 Community Grants Program (Marketing & Communications Manager Elizabeth Wood) 7.8. Mud Flow Mitigation (Town Engineer Justin Hildreth) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 7:25 9. ADJOURN 7:40 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. FUTURE AGENDAS NOVEMBER 9 o Proclamation Eagle County Gives Day 2021 o Presentation of Walking Mountain Science School Energy Program o Public Hearing: Proposed 2022 Budget o Public Hearing: Second reading Ordinance 21-XX Idling o Resolution 21-XX Adopting Procurement Code Updates o Work Session: Strategic Vision Plan Process o Work Session: DRAFT Parking Management Plan o Work Session: Marijuana Dispensaries o Work Session: Green House Gas Reduction Matrix o Work Session: Village (at Avon) Updates re: Financing, Development and Transit Planning o Work Session: Broadband NOVEMBER 16 o TBD DECEMBER 14 o Public Hearing for the Adoption of the 2021 Final Revised Budgets, 2022 Operating Budget, 2022 Capital Projects Fund Budget & Long-Range Capital Program and Tax Levies Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith-Hymes and Avon Town Council From: Greg Daly, Chief of Police Meeting Date: October 28, 2021 Agenda Topic: Swearing in and Badge Pinning Ceremony for Officer Michael Davidson Swearing In and Badge Pinning Ceremony Tonight, we will join Officer Michael Davidson and his family as he takes his oath as Avon’s newest Police Officer and receives his badge. Officer Davidson previously worked as a police officer in Texas and also served in the United States Army. He worked briefly as a code enforcement officer for the Vail Police Department. It is a long-standing tradition in the First Responder Community that a Badging Ceremony is held upon completion of Police or Fire Academy, and then upon subsequent promotions. The badges are the visible signs of his or her role, responsibilities, authority, and trust with our community. Mayor Smith-Hymes will preside over the swearing-in. The Oath of Office will be administered by Town Clerk Brenda Torres. Officer Davidson’s wife Kristi will pin her badge. Congratulations to Officer Davidson. ### Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith-Hymes and Avon Town Council From: Greg Daly, Chief of Police Meeting Date: October 28, 2021 Agenda Topic: Promotional Swearing in and Badge Pinning Ceremony for Master Sergeant Ken Dammen Swearing In and Badge Pinning Ceremony Tonight, we will join Master Sergeant Ken Dammen and his family as he takes his oath as a newly promoted Master Sergeant and receives his badge. Master Sergeant Ken Dammen has honorably served in law enforcement for twenty-nine (29) years. Master Sergeant Dammen has worked with the Avon Police Department since May 2009. He was promoted to the rank of sergeant in August of 2010. Sergeant Dammen transferred to part time status in July 2015. Prior to working at Avon PD, Master Sergeant Dammen worked for nearly eighteen years at Mesa PD in Arizona. He served as a fulltime operator/sniper with the Mesa PD SWAT team for twelve (12) years. He previously worked for the Arizona State Attorney General’s Office as a civilian investigator. Master Sergeant Ken Dammen is also a veteran of the United States Marine Corps. To qualify as a Master Sergeant with the Avon Police Department, a member must complete a total of twenty years of law enforcement service and have served as a sergeant for at least ten (10) years. It is a long-standing tradition in the First Responder Community that a Badging Ceremony is held upon completion of Police or Fire Academy, and then upon subsequent promotions. The badges are the visible signs of his or her role, responsibilities, authority, and trust with our community. Mayor Smith-Hymes will preside over the swearing-in. The Oath of Office will be administered by Town Clerk Brenda Torres. Officer Davidson’s wife Karen will pin her badge. Congratulations to Master Sergeant Dammen. ### Page 1 of 2 TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Greg Daly, Chief of Police Meeting Date: October 28, 2021 Agenda Topic: RECOGNITION OF COMMUNITY MEMBERS/ORGANIZATIONS/ AND BUSINESSES FOR SUPPORT OF THE 2021 NATIONAL NIGHT OUT SUMMARY Honorable Mayor and Council, we are delighted to have the opportunity to present Chiefs Community Partnership award to community members, organizations and businesses for their phenomenal support of our annual National Night Out activities in August. BACKGROUND Over the last fifteen (15) years, the Avon Police Department has participated annually in National Night Out with the Avon community on the first Tuesday of every August (Except for COVID 2020) This year, the department continued to host the community parties in three neighborhoods; The Aspen’s Mobile Home Park, Eaglebend Apartments and O’Neil Spur Park in Wildridge. Avon PD leads the county in the number of community parties that we host. This event is significant in continuing to strengthen relationships between the Town of Avon, the Avon Police Department and our community. It is also an opportunity to interact with neighbors, friends and area first responders. National Night Out was developed with an emphasis on the vital importance of police-community partnerships and citizen involvement to reduce crime and improve neighborhood safety. The Avon Police Department has been successful in our National Night Out activities because of the generous giving of local businesses and community members. This year, Chief Daly and his team are honored to recognize several businesses and community members in front of the Avon Town Council for their continued support and/or significant giving over the last 15 years. Many other members of the community have supported National Night Out and our staff at the Avon Police Department wishes to thank them as well. Tonight, we honor the following individuals and organizations. Not all the mentioned individuals or organizations can attend tonight but we will ensure that they receive an Avon Police Department community appreciation certificate on behalf of the Town of Avon. . ➢ Angel Caro ➢ Aspens MHV ➢ Blue Moose ➢ Maggie and Carlos Enrique Chavez- Margarite’s son who assisted planning, shopping and set up ➢ Colorado State Patrol ➢ Domino's Pizza Page 2 of 2 ➢ Eagle River Fire Protection District Station 7 ➢ FirstBank Avon staff for donation ➢ Home Depot ➢ Jeff Stair, Property Manager, Polar Star for Eagle Bend Apartments for outstanding leadership and support ➢ Kim Greene, Vail Health, keeping our kids with her hundreds of bike helmets distributed ➢ Mountain Life Calvary Chapel ➢ Omar Loya ➢ R Farmers Market We also recognize all of the other businesses, organizations and individuals for their support of this great community event; Alpine Bank Agave, Avon Bakery, Avon liquor, Beaver Liquors, Bob's Place, China Garden, Columbine Bakery, Dazzle Nails, Ein Prosit, Foods of Vail, Home Outfitters, Hybrid Nation MMA, Ivy Nails, Jazzy Nails, DJ Jose, Kiwi, Looking Good, Lovely Nails, Mountain K9, Mountain massage, Nest Furnishing, P Furniture Design II, Pho Bay , Sauce On The Creek, Smiling Moose, Snow Barber, Sweet Pea Design , Ticino’s Restaurant, Vail Lights, Venture Sports and Wishes ### OFFICIAL PROCLAMATION TOWN OF AVON, COLORADO HONORING MASTER POLICE OFFICER MICHAEL “MIKE” LUNDBLADE FOR HIS TWENTY-TWO YEARS OF SERVICE WHEREAS, Michael Lundblade, as Avon Police Departments Master Police Officer, has been committed to the highest levels of dedication, performance, and customer service, and a has been a respected and valuable employee since January 5, 1999, when he joined the Avon Police Department; and WHEREAS, Mike’s extensive knowledge of professional Police Practices allowed him to serve the Avon community and to maintain the Town’s public safety; and WHEREAS, during these twenty-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, other town staff and from the community at large; and WHEREAS, Mike’s unyielding commitment to support the work of the Avon Police Department with kindness, compassion, and positive attitude; and willingness to address challenges while promoting esprit de corps and camaraderie has gained him the greatest admiration with his co-workers; and WHEREAS, Mike took an oath when he was hired to protect and defend the constitution, an oath he has never broken; and has kept faith with the public he so honorably served for over twenty-two years WHEREAS, Mike’s years of service have been marked by unprecedented dedication to the best interests of the Avon Police Department and the Town of Avon; his presence will be deeply missed by his co-workers in the police department and members of staff who have benefitted from his knowledge, experience, wisdom, guidance, friendship, mentorship, sense of humor and jokes during the past twenty-two years. WHEREAS, in recognition for over twenty-two years of service to the Avon Police Department and to the residents of the Town of Avon with honor, dedication and selflessness; thank you and rest easy, we have the watch. NOW, THEREFORE BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: By virtue of Michael Lundblade’s twenty-two years of dedication and service to the Town of Avon and its citizens, we, the Avon Town Council, proclaim October 26, 2021, as “MASTER POLICE OFFICER MICHAEL LUNDBLADE DAY”, in the Town of Avon, Colorado, and urge all Avon citizens to congratulate and thank Mike for his public service. PROCLAIMED THIS 26th day of October 2021, TOWN OF AVON BY: ATTEST: ________________________________ ____________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk (970) 748-4055 swright@avon.org TO: Honorable Mayor Smith Hymes and Town Council members FROM: Scott Wright, Asst Town Manager / Finance Director RE: 2022 Proposed Budget and Public Hearing DATE: October 15, 2021 SUMMARY: This is an information-only report - no action is required from Council at this time. A budget hearing will be held on October 26 and November 9 for the final amended 2021 budget and the proposed 2022 budget. Final action on the budgets, as well as property tax levies, will be taken on December 14. GENERAL FUND FINANCIAL HIGHLIGHTS: General Fund expenditures ($22,115,698) are budgeted to exceed projected revenues ($21,718,893) by $396,805. The General Fund beginning of year estimated Fund Balance is $12,150,542 and the end of the year estimated Fund Balance is $11,753,737. The Town maintains a healthy unreserved fund balance of $5,020,349 and meets Financial Policy guidelines that requires setting aside reserves in the amount of 27% of Operations and 3% for Emergencies. General Fund Revenues: Total tax revenues for 2022 are projected to increase from $17,016,013 in 2021 to $17,881,275, an increase of $865,262. Charges for Services is projected to increase from $1,290,694 to $1,423,493, or an increase of $132,799 for 2022, which is primarily due to projected increases in Avon Recreation Center admissions. General Fund Expenditures: After significant belt-tightening in both 2020 and the original 2021 budget, 2022 expenditures have increased by a total of $3,158,695. A Town wide Salary Freeze was implemented in March, 2020 and has been carried through 2021. Many equipment and operating supplies and contract services were eliminated where possible and equipment replacement charges were eliminated. Personnel cost highlights include a merit based overall salary cost increase of 4% at January 1 and market rate salary range increases of 4% on July 1 at an estimated cost of $610,000. New proposed full-time positions include a Grant Administrator, Special Events coordinator, Public Works operator I, and a Public Works Director. In addition to personnel, there are several one-time purchases included in the 2022 budget. These include a Vactor truck ($419,890) in Roads and Bridges, holdover Fleet vehicle purchases ($436,283), and increases in Equipment Replacement Charges of $1,137,033. TOWN MANAGER COMMENTS: It is important to present a sustainable operating budget. Although the budget is presented as annual general fund expenses exceeding annual revenues, the Operating Revenues ($21,718,893) exceed the Operating Expenditures ($20,265,698) by $1,453,195. and expenses are balance. The purchase of vehicles with cash rather than lease purchase payments and the reconciling of “hold-over” vehicles has increased expenditures by over $2 million in 2022. Salary Cost Increases: We are transitioning from a Step Salary system to Merit Based Salary Increases which would follow annual performance evaluations. We have shifted our performance evaluations from the anniversary of an Employee’s start date to a unified schedule in the fall. This common schedule allows for training of Directors and Supervisors to conduct performance evaluations and the ability to include the cost of salary increase recommendations into the budget before final adoption in December of each year. Generally, the range would be 0% to 4% increase with the ability to consider increases above 4%. Page 2 of 2 I intend to propose an increase in merit based salary increase in the 2022 budget from 4% to 5.5% to establish an adequate budget for salary adjustments. Avon will need to consider a larger salary increase adjustment for January 1, 2022 to remain competitive because we have lagged behind our peer communities with ending the COVID-19 based salary freezes. NOTE: Salary increases will be determined on an individual basis based on our newly adopted system of performance evaluations and merit based increases. The percentage increase is a budget amount that is estimated to cover the cumulative cost of salary increase, not an indication of individual salary increases. More information will be presented at the November 9, 2021 public hearing. Training: Training expenses across all Departments has increased. The Employee Pulse Survey in early 2021 indicated a desire for more training. I am a supporter and believer in training and consider essential to (1) maintain best skills and (2) expose employees to perspectives and ideas beyond our local region. Town Manager Budget: The Town Manager budget consists of the Town Manager, General Government Manager, Grant Administrator, and the General Government Intern. Program 131 – Town Manager will be retitled as “Administrative” and the Department Narrative will better explain the positions in Program 131. Special Events: Please note that the Special Events budget has not been revised to incorporate Council direction to not include fireworks for Salute to the USA. The $361,044 increase will be less in the revised budget. Thank you, Scott 2022 PROPOSED BUDGET TOWN OF AVON, COLORADO 2022 PROPOSED BUDGET Town Council Sarah Smith Hymes, Mayor Amy Phillips, Mayor Pro Tem Russell "RJ" Andrade Lindsay Hardy Scott Prince Chico Thuon Tamra N. Underwood Leadership Team Eric Heil, Town Manager Scott Wright, Asst. Town Manager / Finance Director Michael Labagh, Interim Recreation Director Greg Daly, Police Chief Justin Hildreth, Town Engineer Gary Padilla, Public Works Director Matt Pielsticker, Planning Director Lance Richards, Human Resources Director Craig Wilmers, Fleet Foreman Eva Wilson, Mobility Director Town of Avon 2022 Proposed Budget Table of Contents I. Financial Overview and Fund Summaries Consolidated Financial Schedules and Graphs: 1 Financial Overview - Total All Funds 2-3 Financial Overview - Total By Fund - 2019 Adopted Budget Fund Summaries General Fund 4 Fund Summary 5-7 Revenue Detail 8-9 Department Expenditure Summaries 10-12 Avon Urban Renewal Authority Fund 13-14 Community Enhancement Fund 15-16 Water Fund 17-18 Community Housing Fund 19-20 Exterior Energy Offset Fund 21-22 Disposable Paper Bag Fee Fund 23-25 Debt Service Fund 26-31 Mobility Enterprise Fund 32-35 Fleet Maintenance Enterprise Service Fund 36-47 Equipment Replacement Internal Service Fund II. Capital Projects 48 Capital Projects Budget Summary 49 Capital Projects Fund Summary 50-52 Capital Projects Fund 5-Year Plan - Summary 53-56 Capital Projects Fund 5-Year Plan - Inventory Detail III. Department Summaries 57-75 A. General Government 76-80 B. Human Resources 81-89 C. Finance & IT 90-94 D. Community Development 95-103 E. Police 104-112 F. Engineering and Facilities 113-122 G. Public Works 123-139 H. Recreation 140-148 I. Mobility 149-154 J. Fleet Maintenance Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 REVENUES Taxes 22,054,652$ 17,674,978$ 23,155,567 23,063,201$ Licenses and Permits 388,494 305,100 325,325 325,325 Intergovernmental 2,428,203 3,255,460 3,252,486 3,757,080 Charges for Services 2,877,581 3,597,111 3,858,645 4,369,148 Fines and Forfeitures 39,693 46,900 38,700 38,700 Investment Earnings 288,927 200,032 125,032 100,000 Other Revenue 2,505,527 688,379 756,483 787,989 Total Operating Revenues 30,583,077 25,767,960 31,512,238 32,441,443 Other Sources Sales of Fixed Assets 73,451 35,000 75,000 75,000 Capital Lease Proceeds - - - - Bond and Loan Proceeds 8,094,000 - - - Transfers-In From Other Funds 4,086,831 4,911,659 4,754,643 5,775,784 Total Other Sources 12,254,282 4,946,659 4,829,643 5,850,784 TOTAL REVENUES 42,837,359 30,714,619 36,341,881 38,292,227 EXPENDITURES General Government and Finance 5,509,390 5,836,971 6,681,895 7,241,079 Community Development 500,739 557,161 551,108 609,322 Public Safety 4,050,935 4,188,557 4,279,054 4,805,284 Public Works, Engineering and Utilities 4,067,683 4,916,403 5,190,824 7,014,568 Transportation and Fleet Maintenance 3,476,237 6,105,239 4,891,011 6,801,320 Recreation 1,311,887 1,742,160 1,771,432 2,014,058 Total Operating Expenditures 18,916,871 23,346,491 23,365,324 28,485,631 Debt Service 2,286,655 2,031,087 2,034,518 2,028,892 Capital Improvements and Equipment Replacement 2,335,437 6,139,073 8,593,205 7,063,789 Other Uses Payments to Refunded Bond Escrow Agent 9,069,829 - - - Transfers-Out To Other Funds 4,086,831 4,911,659 4,754,643 5,775,784 TOTAL EXPENDITURES 36,695,623 36,428,310 38,747,690 43,354,096 NET SOURCE (USE) OF FUNDS 6,141,736 (5,713,691) (2,405,809) (5,061,869) FUND BALANCES, Beginning of Year 23,549,693 22,626,569 29,691,429 27,285,620 FUND BALANCES, End of Year 29,691,429$ 16,912,878$ 27,285,620$ 22,223,751$ TOTAL - ALL FUNDS TOWN OF AVON Financial Overview Page 1 Urban Community Community General Renewal Enhancement Water Housing Fund Fund Fund Fund Fund REVENUE Taxes 17,881,275$ 1,835,895$ -$ -$ -$ Licenses and Permits 320,325 - - - - Intergovernmental 1,086,080 - - - - Charges for Services 1,423,493 - - 200,000 49,068 Fines and Forfeitures 38,700 - - - - Investment Earnings 75,000 - - - - Other Revenue 503,500 - 80,000 - 9,000 Total Operating Revenues 21,328,373 1,835,895 80,000 200,000 58,068 Other Sources Sales of Fixed Assets - - - - - Capital Lease Proceeds - - - - - Bond and Loan Proceeds - - - - - Transfers-In From Other Funds 390,520 - - - 597,699 TOTAL REVENUES 21,718,893 1,835,895 80,000 200,000 655,767 EXPENDITURES General Government, HR and Finance 5,949,002$ 56,077 - - 1,200,000 Community Development 596,322 - - - - Public Safety 4,805,284 - - - - Public Works and Engineering 6,901,032 - - 113,536 - Mobility and Fleet Maintenance - - - - - Recreation 2,014,058 - - - - Total Operating Expenditures 20,265,698 56,077 - 113,536 1,200,000 Debt Service - 750,073 - - - Capital Expenditures - - - - - Other Uses Payments to Refunded Bond Escrow Agent - - - - - Transfers-Out To Other Funds 1,850,000 1,000,000 120,000 62,500 - TOTAL EXPENDITURES 22,115,698 1,806,150 120,000 176,036 1,200,000 NET SOURCE (USE) OF FUNDS (396,805) 29,745 (40,000) 23,964 (544,233) FUND BALANCES, Beginning of Year 12,150,542 70,399 298,973 707,301 1,120,376 FUND BALANCES, End of Year 11,753,737$ 100,144$ 258,973$ 731,265$ 576,143$ Special Revenue Funds TOTAL - BY FUND TOWN OF AVON Financial Overview Page 2 Debt Service Internal Fund Service Exterior Disposable Capital Energy Offset Paper Bag Bond Projects Mobility Fleet Equipment Fund Fee Fund Redemption Fund Fund Maintenance Replacement Total -$ -$ -$ 3,300,000$ 46,031$ -$ -$ 23,063,201$ 5,000 - - - - - - 325,325 - - - 25,000 2,646,000 - - 3,757,080 - - - - 266,625 1,292,929 1,137,033 4,369,148 - - - - - - - 38,700 - - - 25,000 - - - 100,000 - 44,000 - - 151,489 - - 787,989 5,000 44,000 - 3,350,000 3,110,145 1,292,929 1,137,033 32,441,443 - - - - - - 75,000 75,000 - - - - - - - - - - - - - - - - - - 959,708 1,432,500 1,900,000 495,357 - 5,775,784 5,000 44,000 959,708 4,782,500 5,010,145 1,788,286 1,212,033 38,292,227 - 36,000 - - - - - 7,241,079 13,000 - - - - - - 609,322 - - - - - - - 4,805,284 - - - - - - - 7,014,568 - - - - 5,298,960 1,502,360 - 6,801,320 - - - - - - - 2,014,058 13,000 36,000 - - 5,298,960 1,502,360 - 28,485,631 - - 959,708 81,999 41,755 195,357 - 2,028,892 - - - 6,210,439 - - 853,350 7,063,789 - - - - - - - - - - - 2,743,284 - - - 5,775,784 13,000 36,000 959,708 9,035,722 5,340,715 1,697,717 853,350 43,354,096 (8,000) 8,000 - (4,253,222) (330,570) 90,569 358,683 (5,061,869) 104,804 78,130 27,645 7,947,348 1,386,640 236,671 3,156,791 27,285,620 96,804$ 86,130$ 27,645$ 3,694,126$ 1,056,070$ 327,240$ 3,515,474$ 22,223,751$ Enterprise Funds TOTAL - BY FUND Special Revenue Funds TOWN OF AVON Financial Overview Page 3 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget 2020 2021 2021 2021 2022 REVENUES Taxes 14,459,430$ 13,525,678$ 15,812,676$ 17,016,013$ 17,881,275$ Licenses and Permits 328,734 300,100 300,100 320,325 320,325 Intergovernmental 1,746,733 1,009,480 1,032,780 1,169,778 1,086,080 Charges for Services 933,625 1,059,782 1,142,482 1,290,694 1,423,493 Fines and Forfeitures 39,693 46,900 46,900 38,700 38,700 Investment Earnings 189,169 150,000 150,000 75,000 75,000 Other Revenue 745,113 488,500 492,500 502,500 503,500 Total Operating Revenues 18,442,497 16,580,440 18,977,438 20,413,010 21,328,373 Other Sources Transfer-In From Community Enhancement Fund - 30,000 30,000 - - Transfer-In From Capital Projects Fund 247,314 247,314 341,648 341,648 390,520 Total Other Sources 247,314 277,314 371,648 341,648 390,520 TOTAL REVENUES 18,689,811$ 16,857,754$ 19,349,086$ 20,754,658$ 21,718,893$ EXPENDITURES General Government, HR and Finance 4,968,825$ 4,851,740$ 5,430,433$ 5,445,933$ 5,949,002$ Community Development 488,739 544,161 552,108 551,108 596,322 Public Safety 4,050,935 4,188,557 4,275,219 4,279,054 4,805,284 Public Works and Engineering 3,990,073 4,788,045 4,911,754 5,059,476 6,901,032 Recreation 1,311,887 1,742,160 1,771,432 1,771,432 2,014,058 Total Operating Expenditures 14,810,459 16,114,663 16,940,946 17,107,003 20,265,698 Other Uses Transfers-Out to Community Housing Fund 250,000 - - - - Transfers-Out to Capital Projects Fund - - - - 250,000 Transfers-Out to Mobility Fund 1,150,000 1,300,000 1,300,000 1,300,000 1,300,000 Transfers-Out to Fleet Maintenance Fund 475,000 400,000 400,000 400,000 300,000 Total Other Uses 1,875,000 1,700,000 1,700,000 1,700,000 1,850,000 TOTAL EXPENDITURES 16,685,459 17,814,663 18,640,946 18,807,003 22,115,698 NET SOURCE (USE) OF FUNDS 2,004,352 (956,909) 708,140 1,947,655 (396,805) FUND BALANCES, Beginning of Year 8,198,535 8,447,722 10,202,887 10,202,887 12,150,542 FUND BALANCES, End of Year 10,202,887$ 7,490,813$ 10,911,027$ 12,150,542$ 11,753,737$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 829,650$ 693,001$ 829,650$ 829,650$ 829,650$ Unassigned: 27% Minimum Reserve Balance 4,437,574 4,809,959 5,033,055 5,077,891 5,903,738 Undesignated, Unreserved 4,935,663 1,987,853 5,048,322 6,243,001 5,020,349 TOTAL FUND BALANCES 10,202,887$ 7,490,813$ 10,911,027$ 12,150,542$ 11,753,737$ Fund Summary MUNICIPAL SERVICES General Fund #10 Page 4 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget Description 2020 2021 2021 2021 2022 Taxes: General Property Tax 2,041,834$ 2,045,905$ 2,045,905$ 2,045,905$ 2,104,403$ General Property Tax - Delinquencies - 500 500 500 500 General Property Tax - Interest 3,128 1,500 1,500 1,500 1,500 General Property Tax - Abatements - - - (3,615) - Specific Ownership Tax 114,434 115,000 115,000 130,000 130,000 Sales Tax 9,103,683 8,476,984 10,225,006 10,916,224 11,451,562 Utility Tax 102,442 115,000 115,000 120,000 120,000 Accommodation Tax 1,217,787 1,040,789 1,508,863 1,793,603 2,038,310 Penalties and Interest 43,531 35,000 35,000 51,896 50,000 Sales Tax Audit Assessments 67,230 10,000 10,000 100,000 100,000 VAA Retail Sales Fee 870,964 855,000 855,000 875,000 900,000 Cigarette Excise Tax 250,995 210,000 250,995 255,000 255,000 Tobacco Add-on Sales Tax 214,907 185,000 214,907 300,000 300,000 Franchise Fees 428,495 435,000 435,000 430,000 430,000 Total Taxes 14,459,430 13,525,678 15,812,676 17,016,013 17,881,275 Licenses and Permits: Liquor Licenses 5,663 12,500 12,500 8,300 8,300 Business Licenses 95,900 75,000 75,000 95,000 95,000 Contractor's Licenses 14,315 12,000 12,000 18,625 18,625 Tobacco/Cigarette Licenses 1,750 1,500 1,500 1,750 1,750 Booting/Towing Licenses 600 500 500 600 600 Building Permits 204,986 190,000 190,000 190,000 190,000 Road Cut Permits 5,170 8,000 8,000 5,700 5,700 Mobile Vendor Cart Permits 350 600 600 350 350 Total Licenses and Permits 328,734 300,100 300,100 320,325 320,325 Intergovernmental: Federal Grants: Click It or Ticket 5,500 3,000 3,000 3,000 3,000 Ballistic Vests Grant 2,206 2,000 2,000 2,000 2,000 CARES Act 713,837 - - - - Other Federal Grants - - - - - LEAF Grant 1,916 - - 3,808 - State Grants High Visibility Grant 24,882 20,000 20,000 20,000 20,000 POST I70 Training Grants 36,734 21,000 44,300 48,135 20,000 DOLA Grants 4,215 47,000 47,000 47,000 - Avon's Best and Brightest 23,591 - - - - Recreation Center Grants - - - 8,250 - Other State Grants (DOLA)6,173 - - - - Local Government/Other Agency El Pomar Grant 2,500 - - - - Other Local Grants 6,804 5,000 5,000 - - Revenue Detail MUNICIPAL SERVICES General Fund Page 5 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget Description 2020 2021 2021 2021 2022 Revenue Detail MUNICIPAL SERVICES General Fund State/County Shared Revenue: Conservation Trust 67,312 73,500 73,500 70,000 70,000 Motor Vehicle Registration 24,472 24,800 24,800 24,800 24,800 Highway User's Tax 168,012 168,430 168,430 190,465 190,530 County Sales Tax 507,823 500,000 500,000 586,570 590,000 Road & Bridge Fund 150,268 144,000 144,000 165,000 165,000 State Severance Tax 488 750 750 750 750 Total Intergovernmental 1,746,733 1,009,480 1,032,780 1,169,778 1,086,080 Charges for Services: General Government: Photocopying Charges - 100 100 100 100 License Hearing Fees - 100 100 100 100 Other Fees and Charges 2,418 2,000 2,000 3,500 3,500 CC & Paper Filing Fees 2,281 2,500 2,500 2,500 2,500 Community Development: Plan Check Fees 121,855 120,000 120,000 120,000 120,000 Design Review Fees 19,282 15,000 15,000 15,000 15,000 Animal Control Fees - 150 150 150 150 Fire Impact Fee Administration Fees 1,624 1,500 1,500 1,500 1,500 Public Safety: Police Reports 1,286 1,000 1,000 1,000 1,000 Police Extra Duty 25,172 25,000 25,000 12,000 25,000 Fingerprinting Fees 740 500 500 500 500 VIN Inspection Fees 2,440 1,800 1,800 2,000 2,000 False Alarm Fees/Misc Police Dept Fees 5 75 75 75 75 National Night Out 1,500 1,500 1,500 1,500 1,500 DUI Reimbursement 10,043 15,000 15,000 15,000 15,000 Avon Recreation Center: Admission Fees 432,963 550,000 550,000 650,000 750,000 Program Fees 15,170 7,945 7,945 15,000 18,000 Facility Rentals 2,717 - - 2,000 3,000 Merchandise Sales 2,804 4,596 4,596 4,596 4,596 Other Recreation Services 3,970 5,004 5,004 5,004 5,004 Fitness Program Revenues 11,712 12,000 12,000 25,000 30,000 Swim Team Revenue 38,629 50,112 50,112 65,000 77,593 Private Lessons 13,174 21,000 21,000 32,000 37,500 Page 6 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget Description 2020 2021 2021 2021 2022 Revenue Detail MUNICIPAL SERVICES General Fund General Recreation: Adult Program Revenues 6,554 - - 1,500 5,500 Cabin Equipment Rentals 59,151 60,000 60,000 60,000 60,000 Cabin Concessions - - - 700 700 Youth Program Revenues 156,540 160,000 160,000 160,000 160,000 Special Events: Athletic Field Rentals 490 2,000 2,000 2,000 2,000 Consession Sales - - 54,400 58,548 49,375 Sponsorships - - 16,000 16,000 16,000 Event Fees 550 400 8,200 8,740 8,600 Special Event Admission Fees - - 3,000 5,977 5,700 Pavillion Rentals 555 500 2,000 3,704 2,000 Total Charges for Services 933,625 1,059,782 1,142,482 1,290,694 1,423,493 Fines and Forfeitures: Court Fines - Traffic 24,660 23,000 23,000 23,000 23,000 Court Fines - Criminal 6,201 10,000 10,000 6,500 6,500 Court Fines - Parking 4,185 6,700 6,700 3,000 3,000 Court Costs 2,586 4,000 4,000 3,000 3,000 Jury Fees - 100 100 100 100 Bond Forfeitures - 100 100 100 100 Police Training Surcharge 2,690 3,000 3,000 3,000 3,000 Police Forfeitures (629) - - - - Total Fines and Forfeitures 39,693 46,900 46,900 38,700 38,700 Investment Earnings: Interest 189,169 150,000 150,000 75,000 75,000 Total Investment Earnings 189,169 150,000 150,000 75,000 75,000 Other Revenues: Recreational Amenity Fees 310,984 305,000 305,000 315,000 320,000 Lease of Town-Owned Property 31,525 58,500 58,500 58,500 58,500 Miscellaneous Nonclassified Revenues 402,604 125,000 129,000 129,000 125,000 Total Other Revenues 745,113 488,500 492,500 502,500 503,500 TOTAL REVENUES 18,442,497$ 16,580,440$ 18,977,438$ 20,413,010$ 21,328,373$ Page 7 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget Description 2020 2021 2021 2021 2022 General Government: Mayor and Town Council 255,633$ 292,101$ 295,825$ 295,825$ 317,167$ Town Attorney 249,105 205,000 255,000 255,000 245,000 Town Clerk 126,689 135,652 137,754 137,754 144,693 Municipal Court 123,876 134,547 135,767 135,767 197,438 Town Manager 380,489 423,644 462,167 462,167 599,956 Community Relations 243,282 248,119 287,104 287,104 321,646 Economic Development 121,958 158,700 162,774 172,774 200,998 Special Events 305,185 514,898 844,162 844,162 1,205,206 Community Grants 92,800 94,150 99,650 99,650 92,250 COVID19 562,817 - - - - Subtotal General Government 2,461,834 2,206,811 2,680,203 2,690,203 3,324,354 Human Resources: Human Resources 532,366 593,786 609,680 609,680 685,212 Finance and Information Technology: Finance 982,068 994,292 1,053,941 1,053,941 946,664 Information Systems 456,471 457,892 473,381 473,381 574,674 Nondepartmental 536,086 598,959 613,228 618,728 418,098 Subtotal Finance and IT 1,974,625 2,051,143 2,140,550 2,146,050 1,939,436 Total General Government, HR and Finance 4,968,825 4,851,740 5,430,433 5,445,933 5,949,002 Community Development: Boards and Commissions 10,291 21,177 21,177 21,177 17,288 Planning 300,334 298,600 303,546 302,546 342,794 Building Inspection 178,114 224,384 227,385 227,385 236,240 Total Community Development 488,739 544,161 552,108 551,108 596,322 .. Police Department: Administration 799,612 844,494 851,179 852,169 961,004 Patrol 2,941,404 3,009,938 3,086,436 3,089,281 3,376,721 Investigations 309,919 334,125 337,604 337,604 467,559 Total Police Department 4,050,935 4,188,557 4,275,219 4,279,054 4,805,284 Department Expenditure Summaries MUNICIPAL SERVICES General Fund Page 8 Supplemental Final Original Budget Revised Proposed Actual Budget Revision #2 Budget Budget Description 2020 2021 2021 2021 2022 Department Expenditure Summaries MUNICIPAL SERVICES General Fund Public Works and Engineering: Engineering: Engineering 266,431 270,215 341,027 341,027 533,120 Buildings and Facilities 1,086,624 1,282,870 1,296,115 1,295,615 1,870,655 Public Works: Roads and Bridges 2,293,780 2,615,781 2,655,433 2,803,655 3,753,029 Parks 343,238 619,179 619,179 619,179 744,228 Total Public Works Department 3,990,073 4,788,045 4,911,754 5,059,476 6,901,032 Recreation Department: Administration 251,322 263,139 265,094 267,702 271,417 Adult Programs 24,628 35,703 36,526 36,526 7,393 Aquatics 474,748 623,524 634,669 634,669 714,404 Fitness 38,359 125,677 125,677 123,820 225,961 Guest Services 277,099 350,061 354,219 353,468 415,006 Youth Programs 125,591 187,286 196,359 196,359 186,820 Communtiy Swim Program 120,140 156,770 158,888 158,888 193,057 Total Recreation 1,311,887 1,742,160 1,771,432 1,771,432 2,014,058 TOTAL OPERATING EXPENDITURES 14,810,459$ 16,114,663$ 16,940,946$ 17,107,003$ 20,265,698$ Page 9 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 SEE FUND SUMMARY EXPENDITURES BY CATEGORY The Urban Renewal Fund's main source of funding is property tax increment revenues for Urban Renewal Plan areas within the Town. The Town Center West Urban Renewal Plan Area was created in 2007, and is the only urban renewal plan area within Avon. The plan area has a 25-year life for tax increment financing. Property tax increment revenues for 2022 are based upon a preliminary increment of $29,446,870. BUDGET SUMMARY: AVON URBAN RENEWAL FUND ADMINISTRATION OF THE FUND The Avon Urban Renewal Fund is administered by the AURA Treasurer / Town of Avon Finance Director. FINANCIAL SUMMARY Page 10 Fund Summary Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 REVENUES Taxes 1,554,639$ 1,607,703$ 1,597,957$ 1,835,895$ Investment Earnings 3,503 - - - Total Operating Revenues 1,558,142 1,607,703 1,597,957 1,835,895 Other Sources Refunding Bond Proceeds 4,111,000 - - - TOTAL REVENUES 5,669,142 1,607,703 1,597,957 1,835,895 EXPENDITURES Current: General Government - 1,000 1,000 1,000 Treasurer Fees 46,567 48,231 48,231 55,077 Debt Service: Principal 636,063 600,063 605,278 619,647 Interest 122,619 149,055 143,841 129,526 Bond Issuance Costs 66,760 - - - Fiscal Charges 700 900 2,150 900 Total Operating Expenditures 872,709 799,249 800,500 806,150 Other Uses Transfers Out - Capital Projects Fund 700,000 700,000 750,000 1,000,000 Payments to Refunded Bond Escrow Agent 4,672,480 - - - Total Other Uses 5,372,480 700,000 750,000 1,000,000 TOTAL EXPENDITURES 6,245,189 1,499,249 1,550,500 1,806,150 NET SOURCE (USE) OF FUNDS (576,047) 108,454 47,457 29,745 FUND BALANCES, Beginning of Year 598,989 71,639 22,942 70,399 FUND BALANCES, End of Year 22,942$ 180,093$ 70,399$ 100,144$ AVON URBAN RENEWAL AUTHORITY #22 Summary Page 11 Debt Service Summary Final Original Revised Proposed Account Actual Budget Budget Budget Number Description 2020 2021 2021 2022 DEBT SERVICE 932 Series 2013, Tax Increment Revenue Bonds 65101 Principal -$ -$ -$ -$ 65102 Interest - - - - 65103 Fiscal Agent Fees 300 - - - 65108 Arbitrage Compliance Fees - - 1,250 - 933 Series 2017, Tax Increment Revenue Bonds 65101 Principal 176,063 176,063 181,278 186,647 65102 Interest 72,019 72,019 66,805 61,436 65103 Fiscal Agent Fees 400 400 400 400 65108 Arbitrage Compliance Fees - - - - 934 Series 2020, Tax Increment Revenue Bonds 65101 Principal 460,000 424,000 424,000 433,000 65102 Interest 50,600 77,036 77,036 68,090 65103 Fiscal Agent Fees - 500 500 500 65104 Bond Issuance Costs 66,760 - - - 65108 Arbitrage Compliance Fees - - - - 60000 TOTAL DEBT SERVICE 826,142$ 750,018$ 751,269$ 750,073$ AVON URBAN RENEWAL AUTHORITY Debt Service Page 12 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022EXPENDITURES BY CATEGORY SEE FUND SUMMARY The Community Enhancement Fund (CEF) originates from the Franchise Agreement the Town of Avon has with Holy Cross Energy to sell electricity to the Town. One percent (1%) of the revenue generated by Holy Cross Energy in the Town of Avon is placed in the Community Enhancement Fund and is restricted to the following uses: beautification projects, energy conservation projects, equipment and technology upgrades for schools, scholarship funds, acquisition of open space and/or park land and development, sponsorship of special community events, and undergrounding of overhead electric and other utility lines. Recently added to the list are distributed generation and alternative energy projects. The CEF generates approximately $80,000/year and at the end of 2022 there is estimated be $258,973 available in the CEF Fund Balance. For 2022 there is one $120,000 undergrounding project proposed to be funded by the CEF. BUDGET SUMMARY: COMMUNITY ENHANCEMENT FUND ADMINISTRATION OF THE FUND The Town Engineer administers the Community Enhancement Fund. FINANCIAL SUMMARY Page 13 Fund Summary Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 REVENUES Other Revenue: Community Enhancement Fees 81,392$ 80,000$ 80,000$ 80,000$ Total Operating Revenues 81,392 80,000 80,000 80,000 Other Sources Transfers In - General Fund - - - - TOTAL REVENUES 81,392 80,000 80,000 80,000 EXPENDITURES Public Works: Community Enhancement - - - - Total Operating Expenditures - - - - Other Uses Transfers Out - General Fund - 30,000 - - Transfers Out - Capital Projects Fund - 148,500 28,500 120,000 TOTAL EXPENDITURES - 178,500 28,500 120,000 NET SOURCE (USE) OF FUNDS 81,392 (98,500) 51,500 (40,000) FUND BALANCES, Beginning of Year 166,081 246,081 247,473 298,973 FUND BALANCES, End of Year 247,473$ 147,581$ 298,973$ 258,973$ FUND BALANCES: Restricted For: Community Enhancement Projects 247,473$ 147,581$ 298,973$ 258,973$ TOTAL FUND BALANCES 247,473$ 147,581$ 298,973$ 258,973$ MUNICIPAL SERVICES Community Enhancement Fund #23 Page 14 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 36,478$ 39,608$ 42,598$ 41,850$ Commodities - - - - Contract Services 9,104 65,000 65,000 41,000 Other Operating Costs 23,500 23,750 23,750 30,686 Capital Outlay 8,528 - - - Total 77,610$ 128,358$ 131,348$ 113,536$ Water Utilities 77,610$ 128,358$ 131,348$ 113,536$ Total 77,610$ 128,358$ 131,348$ 113,536$ EXPENDITURES BY PROGRAM PROGRAM ACTIVITIES AND OPERATIONS: WATER FUND Management of Water Fund Capital Improvement Projects: Includes initial planning, engineering, design and construction of water-related improvements. Long-Range Planning: Includes oversight of water rights and work on the resolution of issues with the Water Authority as identified in the Strategic Plan. BUDGET SUMMARY: WATER FUND ADMINISTRATION OF THE FUND The Water Fund is administered by the Town Engineer. Approximately 15% of the Engineer's total administration time is charged to the Water Fund. FINANCIAL SUMMARY EXPENDITURES BY CATEGORY The Water Fund collects revenues, which are restricted to water related projects and expenses. Revenues are generated by a $4,000 per Single Family Equivalent (SFE) water tap fee and a $3.25/SFE/month fee on the water bill. Expenditures in the Water Fund include engineering and construction of projects, water attorney fees and irrigation ditch maintenance. In addition, revenues are contributed to third parties for water quality monitoring, river clean-up and associated projects. Page 15 Fund Summary Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 REVENUES Charges for Services: Water Surcharges 159,300$ 160,000$ 160,000$ 160,000$ Tap Fees 22,684 40,000 40,000 40,000 Tap Fees - Mountain Star 8,528 - - - Total Charges for Services 190,512 200,000 200,000 200,000 Other Revenues Nonclassified Revenues - - - - TOTAL REVENUES 190,512$ 200,000$ 200,000$ 200,000$ EXPENDITURES Water Utilities 77,610 128,358 131,348 113,536 Total Operating Expenditures 77,610 128,358 131,348 113,536 Other Uses Transfers Out - Capital Projects Fund - - - 62,500 TOTAL EXPENDITURES 77,610 128,358 131,348 176,036 NET SOURCE (USE) OF FUNDS 112,902 71,642 68,652 23,964 FUND BALANCES, Beginning of Year 525,747 600,207 638,649 707,301 FUND BALANCES, End of Year 638,649$ 671,849$ 707,301$ 731,265$ FUND BALANCES: Restricted For: Water Projects 638,649$ 671,849$ 707,301$ 731,265$ TOTAL FUND BALANCES 638,649$ 671,849$ 707,301$ 731,265$ MUNICIPAL SERVICES Water Fund #24 Page 16 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 SEE FUND SUMMARY EXPENDITURES BY CATEGORY BUDGET SUMMARY: COMMUNITY HOUSING FUND The Community Housing Fund was originally established to receive housing funds from developers for employee housing impact fee and mitigation requirements. In 2020 $1.5 million was received as part of a reorganization of the equity partners of an affordable housing project, including the Town. Revenues also include leasing of three residential rental units owned by the Town. Beginning in 2020 the Town implemented a deed restriction program called Mi Casa in order to provide financial assistance for first- time homebuyers in Avon. In 2022, the Town has budgeted to transfer 10% of its real estate transfer taxes from 2020 into the Community Housing fund to further the Mi Casa program. ADMINISTRATION OF THE FUND The Town Manager administers the Community Housing Fund. FINANCIAL SUMMARY Page 17 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 REVENUES Charges for Services: Rental Revenues - Employees 49,384$ 49,068$ 49,068$ 49,068$ Investment Earnings 151 32 32 - Other Revenue: Bond Issuance Fees 9,768 10,000 9,514 9,000 Loan Principal Repayment 3,589 2,636 2,636 - Nonclassified Revenues 1,499,700 - - - Total Operating Revenues 1,562,592 61,736 61,250 58,068 Other Sources Operating Transfers-In 250,000 - - 597,699 Total Other Sources 250,000 - - 597,699 TOTAL REVENUES 1,812,592 61,736 61,250 655,767 EXPENDITURES General Government: Community Housing 479,329 900,000 1,106,731 1,200,000 Total Operating Expenditures 479,329 900,000 1,106,731 1,200,000 TOTAL EXPENDITURES 479,329 900,000 1,106,731 1,200,000 NET SOURCE (USE) OF FUNDS 1,333,263 (838,264) (1,045,481) (544,233) FUND BALANCES, Beginning of Year 832,594 1,986,773 2,165,857 1,120,376 FUND BALANCES, End of Year 2,165,857$ 1,148,509$ 1,120,376$ 576,143$ Fund Summary MUNICIPAL SERVICES Community Housing Fund #25 Page 18 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 SEE FUND SUMMARY EXPENDITURES BY CATEGORY BUDGET SUMMARY: EXTERIOR ENERGY OFFSET FUND The Exterior Energy Offset Fund (EEOP) was established to encourage sustainable, energy efficient, exterior heating solutions that conserve energy and natural resources. EEOP considers exterior energy uses over a nominal amount and establishes fees based on average British Thermal Units (BTUs) required for such amenities over a 20-year period in our climate. Fees are exempted if renewable energy system(s) are installed on-site prior to completion of the amenity which generate the equivalent of 50% of the energy needed for the exterior energy use. Any partial renewable offsets and/or energy efficiency rebates earned may be credited accordingly. System design, calculations, and field inspection are required and must be verified by the Town's Building Official. (b) The following EEOP fees shall apply at the time of Building Permit. Fees collected at building permit are placed in the EEOP fund to create financial assistance, rebates, and incentives to promote energy efficient projects elsewhere within the Town of Avon. Expenditures of EEOP funds shall be used for: a) Provide educational materials and outreach for Town of Avon residents, businesses, employees and building owners including but not necessarily limited to printed guides, efficient building educational events, a webpage with available resources, links, and information. (b) Planning, design and implementation of renewable energy generation projects. (c) Providing a community grant and/or rebate program for energy efficiency enhancements or renewable energy generation projects. (d) Funding other resources and administrative costs associated with green building and environmental sustainability oriented efforts. (e) Special consideration is given to projects that positively affect occupants of local affordable housing or low income residents in Town of Avon ADMINISTRATION OF THE FUND The Town Manager administers the Exterior Energy Offset Fund. FINANCIAL SUMMARY Page 19 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 REVENUES Licenses and Permits: Exterior Energy Offset Fee 59,760$ 5,000$ 5,000$ 5,000$ Total Operating Revenues 59,760 5,000 5,000 5,000 TOTAL REVENUES 59,760 5,000 5,000 5,000 EXPENDITURES Community Development: Energy Efficiency Projects 12,000 13,000 13,000 13,000 Total Operating Expenditures 12,000 13,000 13,000 13,000 TOTAL EXPENDITURES 12,000 13,000 13,000 13,000 NET SOURCE (USE) OF FUNDS 47,760 (8,000) (8,000) (8,000) FUND BALANCES, Beginning of Year 65,044 112,804 112,804 104,804 FUND BALANCES, End of Year 112,804$ 104,804$ 104,804$ 96,804$ Fund Summary MUNICIPAL SERVICES Exterior Energy Offset Fund #27 Page 20 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 SEE FUND SUMMARY EXPENDITURES BY CATEGORY BUDGET SUMMARY: DISPOSABLE PAPER BAG FEE FUND The Disposable Paper Bag Fee Fund was established in order to account for fees received by the Town from retailers who are required to pay ten cents ($0.10) for each disposable paper bag used during a retail purchase. Effective May 1, 2018 it is unlawful for retailers to provide disposable plastic bags to customers at point of sale. The purpose of the program is to protect the public health, safety and welfare, to address the environmental problems associated with disposable bags, and to relive taxpayers of the costs imposed upon the Town associated with disposable bags. The intent is to encourage the use of reusable bags. The fee shall be used exclusively for the following purposes: (1) producing and providing reusable bags to Town residents and guests; (2) educating Town residents, businesses and guests about the impacts of waste on the Town's environmental health, the importance of reducing the number of disposable bags entering the waste stream, and the impact of disposable bags on the Town's waterways and the environment; (3) creating public educational campaigns to raise awareness about waste reduction and recycling; (4) funding programs and infrastructure that allows the Avon community to reduce waste and recycle; (5) purchasing and installing equipment designed to minimize waste pollution, including recycling containers and waste receptacles; (6) funding community cleanup or collection events and other activities to reduce waste; (7) maintaining a public website for the purpose of educating the Town's residents and guests on waste reduction efforts; (8) providing educational information to customers about the Disposable Paper Bag Fee; (9) training retailer staff in the implementation and administration of the Disposable Paper Bag Fee; (10) improving or altering infrastructure to allow for the administration, collection, implementation, and reporting of the Disposable Paper Bag Fee; and (11) paying for the administration of the Disposable Paper Bag Fee Program. ADMINISTRATION OF THE FUND The Town Manager administers the Disposable Paper Bag Fee Fund. FINANCIAL SUMMARY Page 21 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 REVENUES Other Revenues Disposable Paper Bag Fee 27,066$ -$ 44,000$ 44,000$ Total Operating Revenues 27,066 - 44,000 44,000 TOTAL REVENUES 27,066 - 44,000 44,000 EXPENDITURES General Government: Waste Reduction and Recycling 14,669 36,000 67,000 36,000 Total Operating Expenditures 14,669 36,000 67,000 36,000 TOTAL EXPENDITURES 14,669 36,000 67,000 36,000 NET SOURCE (USE) OF FUNDS 12,397 (36,000) (23,000) 8,000 FUND BALANCES, Beginning of Year 88,733 76,787 101,130 78,130 FUND BALANCES, End of Year 101,130$ 40,787$ 78,130$ 86,130$ Fund Summary MUNICIPAL SERVICES Disposable Paper Bag Fee Fund #28 Page 22 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 SEE FUND SUMMARY The Debt Service fund is used to account for the accumulation of resources for the payment of principal and interest on the Town's debt not accounted for in any other fund. Accounted for in this fund are the Series 2020 Refunding Certificates of Participation issued for the Regional Transportation Facility, the Series 2014B Certificates of Participation issued for street improvements, and the Series 2016 Certificates of Participation that were issued to finance the construction of a new public safety facility. BUDGET SUMMARY: DEBT SERVICE FUND ADMINISTRATION OF THE FUND The Finance Director administers the Debt Service Fund. FINANCIAL SUMMARY EXPENDITURES BY CATEGORY Page 23 Fund Summary Final Original Revised Proposed Account Actual Budget Budget Budget Number Description 2020 2021 2021 2022 REVENUES Investment Earnings: 57101 Investment Earnings 3,624$ -$ -$ -$ Other Sources: 59201 Transfers-In from Capital Projects Fund 1,007,801 967,385 966,035 959,708 59305 Refunding Bond Proceeds 1,973,000 - - - 50000 TOTAL REVENUES 2,984,425 967,385 966,035 959,708 EXPENDITURES Debt Service: 924 Series 2010, Certificates of Participation 65101 Principal - - - - 65102 Interest 48,862 - - - 65103 Fiscal Agent Fees 750 - - - 65108 Arbitrage Compliance Fees - - - - 65109 Cash Management Fees 375 - - - 926 Series 2014B, Certificates of Participation (Street Improvements) 65101 Principal 235,000 235,000 245,000 250,000 65102 Interest 82,113 82,113 74,993 67,569 65103 Fiscal Agent Fees 3,000 1,500 1,500 1,500 65109 Cash Management Fees 4 50 50 50 927 Series 2016, Certificates of Participation (Public Safety Facility) 65101 Principal 285,000 285,000 290,000 295,000 65102 Interest 162,575 162,575 156,875 151,075 65103 Fiscal Agent Fees 2,250 2,250 2,250 2,250 65109 Cash Management Fees 5 50 50 50 928 Series 2020, Refunding Certificates of Participation (Series 2010 New Money) 65101 Principal 183,000 171,000 171,000 170,000 65102 Interest 6,000 22,017 22,017 19,914 65103 Fiscal Agent Fees - 2,250 2,250 2,250 65104 Bond Issuance Costs 46,765 - - - 65109 Cash Management Fees - 50 50 50 Total Debt Service 1,055,699 963,855 966,035 959,708 Other Uses 69101 Transfers-Out to Fleet Maintenance Fund 256,716 69105 Payments to Refunded Bond Escrow Agent 2,178,218 - - - 60000 TOTAL EXPENDITURES 3,490,633 963,855 966,035 959,708 NET SOURCE (USE) OF FUNDS (506,208) 3,530 - - FUND BALANCES, Beginning of Year 533,853 27,645 27,645 27,645 FUND BALANCES, End of Year 27,645$ 31,175$ 27,645$ 27,645$ MUNICIPAL SERVICES Debt Service Fund #31 Page 24 Year Principal Interest Principal Interest Principal Interest Principal Interest Principal Interest 2022 345,000.00 40,270.25 433,000.00 68,089.70 186,646.83 61,435.79 295,000.00 151,075.00 250,000.00 67,569.00 2023 353,000.00 36,026.70 442,000.00 58,956.40 192,175.11 55,907.51 300,000.00 145,175.00 260,000.00 59,994.00 2024 355,000.00 31,684.80 451,000.00 49,627.20 197,867.12 50,215.50 305,000.00 136,175.00 265,000.00 52,116.00 2025 355,000.00 27,318.30 461,000.00 40,111.10 203,727.73 44,354.89 320,000.00 127,025.00 275,000.00 44,086.50 2026 363,000.00 22,951.80 470,000.00 30,384.00 209,761.93 38,320.69 325,000.00 120,625.00 280,000.00 35,754.00 2027 369,000.00 18,486.90 480,000.00 20,467.00 215,974.84 32,107.78 330,000.00 114,125.00 290,000.00 27,270.00 2028 374,000.00 13,948.20 490,000.00 10,339.00 222,371.78 25,710.84 345,000.00 100,925.00 300,000.00 18,483.00 2029 378,000.00 9,348.00 - - 228,958.19 19,124.43 355,000.00 87,125.00 310,000.00 9,393.00 2030 382,000.00 4,698.60 - - 235,739.68 12,342.94 370,000.00 72,925.00 - - 2031 - - - - 242,721.93 5,360.69 385,000.00 58,125.00 - - 2032 - - - - - - 395,000.00 48,018.76 - - 2033 - - - - - - 405,000.00 37,650.00 - - 2034 - - - - - - 420,000.00 25,500.00 - - 2035 - - - - - - 430,000.00 12,900.00 - - Total 3,274,000.00$ 204,733.55$ 3,227,000.00$ 277,974.40$ 2,135,945.14$ 344,881.06$ 4,980,000.00$ 1,237,368.76$ 2,230,000.00$ 314,665.50$ Funding: Interest Dates: Date of Issue: Interest Rate: Issue Amount:$3,983,000 $4,111,000 $3,800,000 Series 2016Series 2017 2.00% - 4.00%2.90% $6,300,000$3,000,000 Real Estate Transfer Taxes, General Revenues of the Town Urban Renewal Fund Tax Increment Revenues June 1 and December 1June 1 and December 1 December 1, 2035December 1, 2031September 2, 2020 May 1, 2020 December 1, 2029 1.230%2.110%3.03% Real Estate Transfer Taxes, Fleet Maintenance Revenues Urban Renewal Fund Tax Increment Revenues Real Estate Transfer Taxes, General Revenues of the Town June 1 and December 1 June 1 and December 1 June 1 and December 1 Series 2020 Series 2020 Series 2014B Refunding Certificates of Participation Tax Increment Revenue Refunding Loan Certificates of ParticipationCertificates of ParticipationTax Increment Revenue Bonds TOWN OF AVON Self-Supported Bonded Debt Page 25 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 1,016,215$ 1,098,388$ 1,131,059$ 1,210,093$ Commodities 92,702 150,095 153,095 156,784 Purchased & Contract Services 93,060 92,392 135,902 104,119 Other Operating Costs 703,354 680,890 760,556 767,817 Debt Service 41,755 41,755 41,755 41,755 Capital Outlay 23,466 2,500,000 1,061,695 3,060,147 Total 1,970,552$ 4,563,520$ 3,284,062$ 5,340,715$ Administration 271,484$ 270,058$ 309,921$ 306,032$ Operations 1,199,682 3,757,918 2,408,849 4,460,407 Wash Bay 174,406 222,169 225,250 190,531 Mobility Programs 324,980 313,375 340,042 383,748 Total 1,970,552$ 4,563,520$ 3,284,062$ 5,340,718$ Mobility will continue to support the Regional Transit Authority formation effort. Unfortunately, COVID-19 will continue to impact transit service into 2022. While bus capacity limits have been removed, protective personnel equipment is still required. The Level of Service for the Skier Express and Restaurant shuttle will return to normal operations. In addition, Mobility is looking forward to the arrival of two new, all-electric, transit buses. We will continue to partner with stakeholders for a regional ebikeshare program. CDOT will be expanding its Bustang service with a new Pegasus line. Pegasus is a weekend transit service provided by smaller vans that can use the Mountain Express Lanes. Service will be from Avon Station to Denver Union Station and their vans will be housed in the ARTF. A significant milestone was reached with the Revitalizing Main Street grant award in support of safer pedestrian mobility on US6. The design and construction of the Stonebridge Dr. Roundabout and three (3) pedestrian crossings on US6 will be underway. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY PROGRAM DEPARTMENT EXPENDITURES BY CATEGORY ADMINISTRATION OF THE DEPARTMENT The Mobility Department is administered by the Mobility Director, with the assistance of the Transit/Parking Superintendent and Transit/Parking Supervisor. DEPARTMENT FINANCIAL SUMMARY The Mobility Department is responsible for multimodal (mobility) programs, transit operations, and parking management. The Department also coordinates and collaborates with Regional Transportation and other Transit organizations. The Mobility Fund receives Town general taxes (accommodation taxes), Federal and State grant funds to support fare-free transit operations. In addition, a joint funding agreement with the Beaver Creek Resort Company fund the fare-free Skier Express and Restaurant Shuttles. BUDGET SUMMARY: MOBILITY DEPARTMENT Page 26 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Mobility Director 1 1 1 1 Transit and Parking Superintendent 1 1 1 1 Transit and Parking Supervisor 0 1 1 1 Wash Bay Operator 1 1 1 1 Transit Operator 5 5 5 5 Total 8 9 9 9 2022 Avon Transportation Proposed Routes PROGRAM ACTIVITIES AND OPERATIONS: Mobility ADMINISTRATION Administration: The Mobility Director oversees the Town of Avon's multimodal transportation programs, and parking management; including but not limited to providing day-to-day bus service routes, strategic planning, budget development and management, the establishment of performance goals and passenger feedback systems, designs and implements advertising and promotion, maintains ADA certification and compliance, transit vehicle procurement, coordination with Federal Highway Administration, Colorado Department of Transportation, I70 Coalition, and other regional transportation agencies, grant solicitation/management, and Intergovernmental Agreement/Third-Party contract execution. ROUTE OPERATIONS DEPARTMENT EXPENDITURES BY CATEGORY Route Operations: Includes service design/service implementation schedule and policy, system safety and security, fleet management, customer (guest) service protocols, employee standards, seasonal employee recruitment, training, and certification, performance metric(s), and day to day field operational supervision. Winter Service: Five (5) route operations occur during the winter months: The Blue, Red, and Night Rider routes serve the Avon core and residential areas other than Wildridge; a Skier Shuttle and an evening Restaurant Shuttle is supported with a contribution from Beaver Creek. Service Hours and costs are summarized in the table below. The Town provides an in-kind bus service for the Birds of Prey World Cup, running additional buses. The Town also contribute funds for the operations of the Riverfront Gondola. Summer Service: Three (3) route operations occur during the summer months. The seven-day per week Blue, Red, and Night Rider Routes operate from mid-April to mid-Nov. Hours and route frequency are summarized in the table below. Page 27 WASH BAY Wash Bay: Located in the Mobility Center, the wash bay accommodates large buses, smaller vehicles, and equipment. The bay also includes a service station for checking fluids and daily checklists. Charges are estimated each year based upon the operational and maintenance costs of operating the wash bay, including staff time for servicing vehicles. Page 28 FinalOriginalRevised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 REVENUES Taxes 41,633$ 41,597$ 41,597$ 46,031$ Intergovernmental 646,470 2,245,980 2,013,708 2,646,000 Charges for Services 263,715 273,930 273,930 266,625 Other Revenues 108,972 107,243 115,943 151,489 Total Operating Revenues 1,060,790 2,668,750 2,445,178 3,110,145 Other Sources Sales of Capital Assets - - - - Transfers In from General Fund 1,150,000 1,300,000 1,300,000 1,300,000 Transfers In from Capital Projects Fund - 500,000 200,000 600,000 Total Other Sources 1,150,000 1,800,000 1,500,000 1,900,000 TOTAL REVENUES 2,210,790 4,468,750 3,945,178 5,010,145 EXPENDITURES Administration 271,484 270,058 309,921 306,032 Transit Operations 1,199,682 3,757,918 2,408,849 4,460,407 Washbay 174,406 222,169 225,250 190,531 Mobility Programs 324,980 313,375 340,042 383,745 TOTAL EXPENDITURES 1,970,552 4,563,520 3,284,062 5,340,715 NET SOURCE (USE) OF FUNDS 240,238 (94,770) 661,116 (330,570) FUND BALANCES, Beginning of Year 485,286 618,905 725,524 1,386,640 FUND BALANCES, End of Year 725,524$ 524,135$ 1,386,640$ 1,056,070$ Fund Summary MUNICIPAL SERVICES Mobility Enterprise Fund #52 Page 29 Final Original Revised Proposed Acct.Actual Budget Budget Budget Number Description 2020 2021 2021 2022 Taxes: Property Taxes 51101 Property Tax/ Gates GID 41,596$ 41,597$ 41,597$ 46,031$ 51103 Current & Delinquent interest 37 - - - 51000 Total Taxes 41,633 41,597 41,597 46,031 Intergovernmental: State Grants: 53205 2022 CDOT FASTER Grant - - - 800,000 Federal Grants: 53104 FTA Formula Grant for Rural Areas - 5311 245,980 245,980 245,980 246,000 53199 FTA Grant for Buses and Bus Facilities - 5 - 400,000 800,000 - 53199 FTA Low or No-Emission Vehicle Program - 1,600,000 - 1,600,000 53199 FTA - CRRSAA - 5311 - - 867,728 - 53199 CARES Act Grant Phase I 228,279 - - - 53199 CARES Act Grant Phase II 172,211 - - - 53199 CARES Act Grant Phase III - - 100,000 - 53000 Total Intergovernmental 646,470 2,245,980 2,013,708 2,646,000 Charges for Services: Transportation: 54501 Beaver Creek 119,660 127,000 127,000 119,695 54507 Wash Bay Services- External 106,242 100,000 100,000 100,000 54902 Wash Bay Services- Internal 37,813 46,930 46,930 46,930 54000 Total Charges for Services 263,715 273,930 273,930 266,625 Other Revenues: 58201 Lease of Town-owned Property 82,431 82,790 82,790 123,036 58205 Restitution and Insurance - - 8,700 - 58215 Sale of Electricty 10,877 21,453 21,453 24,453 58995 Bus Advertising Revenue 8,636 2,000 2,000 4,000 58996 Miscellaneous Reimbursement 4,169 - - - 58999 Misc. Nonclassifed Revenue 2,859 1,000 1,000 - 58000 Total Other Revenues 108,972 107,243 115,943 151,489 Revenue Detail MUNICIPAL SERVICES Mobility Enterprise Fund #52 Page 30 Final Original Revised Proposed Acct.Actual Budget Budget Budget Number Description 2020 2021 2021 2022 Revenue Detail MUNICIPAL SERVICES Mobility Enterprise Fund #52 Other Sources: 59101 Sales of Capital Assets - - - 59201 Transfers In from General Fund 1,150,000 1,300,000 1,300,000 1,300,000 59201 Transfers In from Capital Projects Fund - 500,000 200,000 600,000 59000 Total Other Sources 1,150,000 1,800,000 1,500,000 1,900,000 50000 TOTAL REVENUES 2,210,790$ 4,468,750$ 3,945,178$ 5,010,145$ Page 31 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 933,556$ 994,153$ 1,038,048$ 855,354$ Commodities 496,633 432,221 433,469 431,981 Purchased & Contract Services 61,171 52,096 85,431 57,796 Other Operating Costs 52,510 82,806 82,806 78,576 Debt Service 281,058 193,460 193,460 195,357 Capital Outlay 3,572 22,198 8,950 78,653 Total 1,828,500$ 1,776,934$ 1,842,164$ 1,697,717$ Fleet Maintenance 1,828,500$ 1,776,934$ 1,842,164$ 1,697,717$ Total 1,828,500$ 1,776,934$ 1,842,164$ 1,697,717$ Fleet Director 1 1 0 0 Administrative Assistant 0 0 0.3 0.3 Purchasing Coordinator 1 1 1 1 Fleet Maintenance Foreman 2 2 1 1 Mechanic I-II 4 4 6 6 Mechanics Helper 1 1 1 1 Total 9 9 9.3 9.3 The Fleet Maintenance Fund is an enterprise operation and is used to account for operations that are financed and operated in a manner similar to private business enterprises, where the costs of providing services to the Town's departments, other governmental third party agencies, and up to 10% private clients, can be fully recovered through user charges. Monies may also be provided to the Fleet Maintenance Fund from general taxes collected by the Town of Avon, when appropriate, to ensure a positive net income on an annual basis. The Fleet Department is the only division in the Fund and provides equipment and vehicle management and maintenance and repair services. The Fleet Department has reduced or deferred the following line items in 2022 ; Radio and Communications Equipment, Regular FT Salary, Promotional, Office Supplies, Other Specilaized Equipment, Cellular and Paging, and Misc Building Repairs BUDGET SUMMARY: FLEET MAINTENANCE DEPARTMENT DEPARTMENT EXPENDITURES BY PROGRAM AUTHORIZED POSITIONS ADMINISTRATION OF THE DEPARTMENT The Fleet Department is administered by the Fleet Director who oversees the operations of the Division, the fueling systems, statutory compliance, procurement and disposition of vehicles and equipment, policy development/compliance, monthly billing, budget development and provides the Division with leadership and managerial support. Approximately 75% of time is spent on general department administration, and the balance on mechanic training and hands-on support. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY CATEGORY Page 32 Third Party Vehicles/Rolling Stock and 10% Private Clients: Third party governmental agencies are charged a competitive “fully burdened” shop rate for regular maintenance and repair. The Fleet Department targets a cost recovery of 60% - 80% from total work through the year. The department is allowed to contract with private clients up to 10% of revenues or shop hours. Provides vehicle tracking and management for some outside agencies. Assist with procurement and product specifications and consulting. Manage Town of Avon Fleet: Procure fuel efficient, low carbon emitting, cost effective vehicles and equipment that meets the needs of departments. Monitor use and sets standards for vehicles and equipment utility with life cycle cost analysis for greatest return of investment. Procures parts and fuel for Town and user agencies. Completes vehicle and equipment specifications for specialized purchasing and governmental contracts. Complies with and monitors statutory compliance for State and Federal requirements. Complete Monthly Billing: Generate invoices, spreadsheets and work orders for all fleet users using data incorporated from a fleet management cost accounting system and fuel management program. PROGRAM ACTIVITIES AND OPERATIONS: FLEET MAINTENANCE Town of Avon Vehicles and Rolling Stock: Town departments are charged a competitive “fully burdened” shop rate for regular maintenance and repair. The Fleet Department targets a billable total cost recovery of 60% - 80% from work through the year. Page 33 Final Original Revised Adopted Actual Budget Budget Budget 2020 2021 2021 2022 REVENUES Charges for Services 1,440,345$ 1,263,542$ 1,294,164$ 1,292,929$ Other Revenue 100 - 1,890 - Total Operating Revenues 1,440,445 1,263,542 1,296,054 1,292,929 Other Sources Refunding Bond Proceeds 2,010,000 - - - Transfers-In from General Fund 475,000 400,000 400,000 300,000 Transfers-In from Debt Service Fund 256,716 - - - Transfers-In from Capital Projects Fund - 193,460 193,460 195,357 Total Other Sources 2,741,716 593,460 593,460 495,357 TOTAL REVENUES 4,182,161 1,857,002 1,889,514 1,788,286 EXPENDITURES Public Works: Fleet Maintenance 1,828,500 1,776,934 1,842,164 1,697,717 Total Operating Expenditures 1,828,500 1,776,934 1,842,164 1,697,717 Other Uses Payment to Refunding Bond Escrow Agent 2,219,131 - - - TOTAL EXPENDITURES 4,047,631 1,776,934 1,842,164 1,697,717 NET SOURCE (USE) OF FUNDS 134,530 80,068 47,350 90,569 FUND BALANCES, Beginning of Year 54,791 184,906 189,321 236,671 FUND BALANCES, End of Year 189,321$ 264,974$ 236,671$ 327,240$ Fund Summary MUNICIPAL SERVICES Fleet Maintenance Enterprise Fund #61 Page 34 Final Original Revised Adopted Acct.Actual Budget Budget Budget Number Description 2020 2021 2021 2022 Charges for Services: 54806 3rd Party Fleet Maintenance Chrgs.648,891$ 725,000$ 643,577$ 618,545$ 54901 Dept. Fleet Maintenance Chrgs.758,362 525,898 618,387 639,384 54903 Sales of Fuel 33,092 12,644 32,200 35,000 54000 Total Charges for Services 1,440,345 1,263,542 1,294,164 1,292,929 Other Revenues: 58205 Insurance Reimbursements - - 1,440 - 58217 Sales of Surplus Property - - 450 - 58999 Miscellaneous Nonclassified Revenues 100 - - - 58000 Total Other Revenues 100 - 1,890 - Other Sources: Refunding Bond Proceeds 2,010,000 - - - 59201 Transfers-In from General Fund 475,000 400,000 400,000 300,000 59201 Transfers-In from Debt Service Fund 256,716 - - - 59201 Transfers-In from Capital Projects Fund - 193,460 193,460 195,357 59000 Total Other Sources 2,741,716 593,460 593,460 495,357 50000 TOTAL REVENUES 4,182,161$ 1,857,002$ 1,889,514$ 1,788,286$ Revenue Summary MUNICIPAL SERVICES Fleet Maintenance Enterprise Fund #61 Page 35 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 SEE FUND SUMMARY EXPENDITURES BY CATEGORY The Equipment Repacement Fund is used to account for the rental of certain vehicles and equipment to other departments for the accumulation of funds for future replacements. BUDGET SUMMARY: EQUIPMENT REPLACEMENT FUND ADMINISTRATION OF THE FUND The Equipment Replacement Fund is administered by the Finance Director with assistance from other department directors. FINANCIAL SUMMARY Page 36 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 REVENUES Charges for Services: Equipment Replacement Charges -$ 750,789$ 750,789$ 1,137,033$ Other Revenue Insurance Cliam Reimbursements 29,057 - - - Total Operating Revenues 29,057 750,789 750,789 1,137,033 Other Sources Transfers-In from Capital Projects Fund - 425,000 425,000 - Sales of Fixed Assets 73,451 35,000 75,000 75,000 Total Other Sources 73,451 460,000 500,000 75,000 TOTAL REVENUES 102,508 1,210,789 1,250,789 1,212,033 EXPENDITURES Capital Outlay: Fleet and Heavy Equipment 95,880 990,505 983,133 414,862 Recreation Center Equipment 46,854 3,331 38,478 37,399 Computer and Office Equipment 81,509 24,499 34,443 214,109 Machinery and Equipment - 43,898 43,898 11,980 Heat Recovery - - - 175,000 Total Operating Expenditures 224,243 1,062,233 1,099,952 853,350 Other Uses: Transfer-Out to Capital Projects Fund - - 150,000 - TOTAL EXPENDITURES 224,243 1,062,233 1,249,952 853,350 NET SOURCE (USE) OF FUNDS (121,735) 148,556 837 358,683 FUND BALANCES, Beginning of Year 3,277,689 3,030,717 3,155,954 3,156,791 FUND BALANCES, End of Year 3,155,954$ 3,179,273$ 3,156,791$ 3,515,474$ Fund Summary MUNICIPAL SERVICES Equipment Replacement Internal Service Fund #63 Page 37 Final Original Revised Proposed Account Actual Budget Budget Budget Number Description 2020 2021 2021 2022 Charges for Services: Equipment Rental Charges 54904 Nondepartmental - 71,126 71,126 126,011 54905 Comm Dev - Building Inspection - 3,997 3,997 - 54904 Police - Administration - 32,923 32,923 42,139 54904 Police - Patrol - 103,379 103,379 175,916 54904 Police - Investigations - 17,800 17,800 17,615 54904 Engineering - 3,986 3,986 1,809 54904 Buildings and Facilities - 100,522 100,522 122,480 54904 Public Works - Roads and Bridges - 99,819 99,819 211,878 54904 Public Works - Parks - 121,542 121,542 152,885 54904 Mobility - Operations - 13,724 13,724 15,259 54904 Mobility - Wash Bay - 65,241 65,241 43,769 54904 Fleet Maintenance - 8,428 8,428 15,977 54903 Recreation - Administration - 11,804 11,804 11,473 54904 Recreation - Aquatics - 21,933 21,933 27,629 54904 Recreation - Fitness - 74,565 74,565 172,193 54000 Total Charges for Services - 750,789 750,789 1,137,033 Other Revenue 58205 Insurance Claim Reimbursements 29,057 - - - Other Sources: 59201 Transfers-In from Capital Projects Fund - 425,000 425,000 - 59101 Sale of Fixed Assets 73,451 35,000 75,000 75,000 59000 Total Other Sources 73,451 460,000 500,000 75,000 50000 TOTAL REVENUES 102,508$ 1,210,789$ 1,250,789$ 1,212,033$ Revenue Detail MUNICIPAL SERVICES Equipment Replacement Internal Service Fund #63 Page 38 TOWN OF AVON DETAILED BUDGET REQUESTS 2022 Proposed Budget Department:N/A Program: Fleet and Heavy Equipment #811 Account 2022 Proposed Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Fleet and Heavy Equipment General Goverenment: Utility 4x4 EV: Replaces #401 43,675$ Police: Utility 4x4 Hybrid: Replaces #352 43,675 Public Works - Roads & Bridges: Pickup w. Plow - Replaces #210 45,959 Public Works - Parks: Pickup w. Plow - Replaces #208 45,959 66501 Automobiles and Light-duty Trucks 179,268 Fleet Maintenance: Service Truck - Replaces #700 175,000 Public Works - Parks: Bobcat Toolcat - Replaces #214 60,594 66502 Heavy Trucks and Moving Equipment 235,594 66000 Total Capital Outlay 414,862$ Page 39 TOWN OF AVON DETAILED BUDGET REQUESTS 2021 Amended Budget Department:N/A Program: Fleet and Heavy Equipment #811 Account 2021 Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Fleet and Heavy Equipment General Government: Utility 4X4 Hybrid Replace #400, Neighborhood EV 25,000 Police: Utility 4X4 Hybrid Replace #348 57,290 Replace #349 57,290 Replace #351 57,290 Public Works - Roads and Bridges: Pickup w/ Plow (4X4) - Replace #220 35,017 Public Works - Parks: Pickup w/ Plow (4X4) - Replace #209 42,273 Flatbed- Replace #287 46,348 66501 Automobiles and Light-duty Trucks 260,491 Public Works - Roads and Bridges: Street Sweeper - Replace #216 237,926 Loader - Replace #294 169,167 Public Works - Parks: Clubcar Electric Cart - Replace #207 13,545 Tractor - Replaces #217 and #286 66,609 Bobcat/Toolcat - Replace #274 59,712 Lift Truck - Replace #104 175,683 66502 Heavy Trucks and Moving Equipment 722,642 66000 Total Capital Outlay 983,133$ Page 40 TOWN OF AVON DETAILED BUDGET REQUESTS 2022 Proposed Budget lobby furntiurN/A Program:Recreation Equipment #812 2022 Account Proposed Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Recreation Center Facilities: Lobby Furniture 14,442$ 66404 Furniture and Fixtures 14,442 Aquatics Diving Board Platform 5,788 Waterslide 10,360 Rock Wall Refurbishment 6,809 66407 Athletic and Recreational Equipment 22,957 66000 Total Capital Outlay 37,399$ Page 41 TOWN OF AVON DETAILED BUDGET REQUESTS 2021 Amended Budget Department:N/A Program:Recreation Equipment #812 2021 Account Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Recreation Center Fitness: Olympic Flat Bench #2218 553$ Preacher Curl #2220 553 Smith Machine #2219 2,225 LCD Televisions (7)7,239 Spin Bikes (11)24,530 Facilities: Dry Vacuum 1,004 Swim Suit Extractors 2,374 66407 Athletic and Recreational Equipment 38,478 66000 Total Capital Outlay 38,478$ Page 42 TOWN OF AVON DETAILED BUDGET REQUESTS 2022 Proposed Budget Department:N/A Program:Computers and Office Equipment #813 2022 Account Proposed Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Computers and Office Equipment Information Technology: Switches: Replaces #1993, #1994, #2186, #2527, #2528 #2529, #2530, #2523 111,109$ Network Storage: Replaces #2214, #2215 103,000 66402 Computers and Peripherals 214,109 66000 Total Capital Outlay 214,109$ Page 43 TOWN OF AVON DETAILED BUDGET REQUESTS 2021 Amended Budget Department:N/A Program:Computers and Office Equipment #813 2021 Account Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Computers and Office Equipment Information Technology: Wireless LAN Controller 34,443$ 66402 Computers and Peripherals 34,443 66000 Total Capital Outlay 34,443$ Page 44 TOWN OF AVON DETAILED BUDGET REQUESTS 2022 Proposed Budget Department:N/A Program:Machinery and Equipment #814 2022 Account Proposed Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Machinery and Equipment Public Works - Parks: Hotsy Pressure Washer - Replaces #222 11,980$ 66499 Other Machinery and Equipment 11,980 66000 Total Capital Outlay 11,980$ Page 45 TOWN OF AVON DETAILED BUDGET REQUESTS 2021 Amended Budget Department:N/A Program:Machinery and Equipment #814 2021 Account Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Machinery and Equipment Roads and Bridges Dept: UHF Repeater Radio - Replace #1681 8,598$ Variable Message Sign - Replace #657 27,639 Parks Dept: Snowblower - Replace #1300 7,661 66499 Other Machinery and Equipment 43,898 66000 Total Capital Outlay 43,898$ Page 46 TOWN OF AVON DETAILED BUDGET REQUESTS 2022 Proposed Budget Department:N/A Program:Heat Recovery #815 2022 Account Proposed Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Heat Recovery Buildings and Facilities: Heat Recovery Heat Pump 175,000$ 66704 Heat Recovery 175,000 66000 Total Capital Outlay 175,000$ Page 47 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 SEE CAPITAL PROJECTS FUND PROJECT DETAIL BUDGET SUMMARY: CAPITAL PROJECTS FUND The Capital Projects Fund is primarily funded with a 2% real estate transfer tax (RETT). Projected RETT revenues reflect historic collection trends and the best information available regarding the local real estate market. In addition to RETT revenues, the General Fund also makes transfers to the Capital Projects Fund, after achieving a balanced budget, and with all reserves fully funded. Certain other Town funds also occasionally contribute to capital infrastructure depending on the project, such as the Water Fund and the Community Enhancement Fund. Capital projects are selected based on several criteria including, but not limited to, the need for new streets, road and facility development, major maintenance of the Town’s existing facilities and infrastructure, investments in economic development, and projects identified that have high priorities in meeting adopted planning document objectives such as the the Town Comprehensive Plan, Nottingham Park Master Plan and the Recreation Trails Master Plan. A five-year Capital Improvements Program, required by the Town Charter and necessary to the long-term planning of infrastructure development and maintenance is also prepared and adopted annually. ADMINISTRATION OF THE FUND The Capital Projects Fund is administered by the Town Engineer. The three engineers in the Engineering Department spend a significant portion of each position's time on planning and implementation of the Fund and Five-Year Program. Proportional monies for the engineer's salary are transferred to the General Fund. FINANCIAL SUMMARY DEPARTMENT EXPENDITURES BY CATEGORY Page 48 Current Final Original Revised Revised Proposed Actual Budget Budget Budget Budget 2020 2021 2021 2021 2022 REVENUES Taxes 5,998,950$ 2,500,000$ 3,300,000$ 4,500,000$ 3,300,000$ Intergovernmental 35,000 - 69,000 69,000 25,000 Investment Earnings 92,480 50,000 50,000 50,000 25,000 Other Revenue 770 - - - - Total Operating Revenues 6,127,200 2,550,000 3,419,000 4,619,000 3,350,000 Other Sources: Operating Transfers-In 700,000 848,500 869,500 928,500 1,432,500 Total Other Sources 700,000 848,500 869,500 928,500 1,432,500 TOTAL REVENUES 6,827,200 3,398,500 4,288,500 5,547,500 4,782,500 EXPENDITURES Capital Improvements: Facilities 490,210 1,604,840 2,592,495 2,766,222 2,350,000 Land and Land Improvements 79,006 748,000 897,905 917,905 1,637,000 Roads and Streets 1,109,419 2,367,000 2,666,164 2,878,698 1,790,000 Utility Projects 289,803 - 285,894 285,894 187,500 Planning and Consulting - - - - 100,000 Communications and Technology 142,756 357,000 644,534 644,534 145,939 Debt Service: Capital Leases 81,999 81,999 81,999 81,999 81,999 Total Capital Improvements 2,193,193 5,158,839 7,168,991 7,575,252 6,292,438 Other Uses Operating Transfer-Out - General Fund 247,314 247,314 341,648 341,648 390,520 Operating Transfer-Out - Community Housing Fund - - - - 597,699 Operating Transfer-Out - Debt Service Fund 1,007,801 967,385 967,385 966,035 959,708 Operating Transfer-Out - Mobility Fund - 500,000 600,000 200,000 600,000 Operating Transfer-Out - Fleet Maintenance Fund - 193,460 193,460 193,460 195,357 Operating Transfer-Out - Equipment Replacement F - 425,000 425,000 425,000 - Total Other Uses 1,255,115 2,333,159 2,527,493 2,126,143 2,743,284 TOTAL EXPENDITURES 3,448,308 7,491,998 9,696,484 9,701,395 9,035,722 NET SOURCE (USE) OF FUNDS 3,378,892 (4,093,498) (5,407,984) (4,153,895) (4,253,222) FUND BALANCE, Beginning of Year 8,722,351 7,222,383 12,101,243 12,101,243 7,947,348 FUND BALANCE, End of Year 12,101,243$ 3,128,885$ 6,693,259$ 7,947,348$ 3,694,126$ Fund Balances Restricted For: Asphalt Overlay 455,210$ 455,210$ 455,210$ 455,210$ 455,210$ Assigned For: Asphalt Overlay - - - - 250,000 Tract G/URA Projects 484,108 1,099,108 1,099,108 1,129,108 207,108 Unassigned: Unreserved 11,161,925 1,574,567 5,138,941 6,363,030 2,781,808 Total Fund Balances 12,101,243$ 3,128,885$ 6,693,259$ 7,947,348$ 3,694,126$ Fund Summary MUNICIPAL SERVICES Capital Projects Fund #41 Page 49 CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2020 2021 2021 2021 2022 2023 2024 2025 2026 REVENUES Real Estate Transfer Tax: Base Level 5,976,990$ 2,500,000$ 3,300,000$ 4,500,000$ 3,300,000$ 3,300,000$ 3,300,000$ 3,300,000$ 3,300,000$ Penalties and Interest 21,960 - - - - - - - - Interest Earnings 92,480 50,000 50,000 50,000 25,000 35,000 70,000 105,000 150,000 Intergovernmental: Federal/State: DOLA - Broadband Grant - - 25,000 25,000 - - - - - GOCO Grant (Lee's Way Rebuild)- - - - 25,000 - - - - 2020 Charge Ahead Grant (Fast EV Charging Station)35,000 - - - - - - - - 2021 Charge Ahead Grant Fast EV Charging Station)- - 44,000 44,000 - - - - - CDOT US Hwy 6 & Stonebridge Rd. Roundabout Grant - - - - - 2,200,000 - - - Other Revenues: Nonclassified 770 - - - - - - - - Total Operating Revenues 6,127,200 2,550,000 3,419,000 4,619,000 3,350,000 5,535,000 3,370,000 3,405,000 3,450,000 Other Sources: Transfer in from General Fund - Assigned to Village at Avon Asphalt Overlays - - - - 250,000 250,000 250,000 250,000 250,000 Transfer in from the AURA - Tract G Projects 700,000 700,000 700,000 750,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Transfer in from Community Enhancement Fund - West Avon Preserve Trail Improvements - 28,500 28,500 28,500 - - - - - - Powerline Undergrounding - 120,000 - - 120,000 - - - - Transfer in from Water Fund - Nottingham-Puder Ditch Piping - - - - 62,500 625,000 - - - Transfer in from Equipment Replacement Fund Pool Replastering - - 141,000 150,000 - - - - - Total Other Sources 700,000 848,500 869,500 928,500 1,432,500 1,875,000 1,250,000 1,250,000 1,250,000 Total Revenues and Sources of Funds 6,827,200$ 3,398,500$ 4,288,500$ 5,547,500$ 4,782,500$ 7,410,000$ 4,620,000$ 4,655,000$ 4,700,000$ EXPENDITURES Capital Improvements: Facilities 490,210 1,604,840 2,592,495 2,766,222 2,350,000 3,119,705 - 155,000 - Land and Land Improvements 79,006 748,000 897,905 917,905 1,637,000 165,000 115,000 40,000 80,000 Roads and Streets 1,109,419 2,367,000 2,666,164 2,878,698 1,790,000 3,924,000 2,578,000 2,950,000 2,833,000 Utility Projects 289,803 - 285,894 285,894 187,500 625,000 - - - Planning and Consulting - - - - 100,000 175,000 - - - Communications and Technology 142,756 357,000 644,534 644,534 145,939 - - - - Projected Page 50 CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2020 2021 2021 2021 2022 2023 2024 2025 2026 Projected Debt Service: Capital Leases: - 2014 US Bank, Plow Truck 26,279 26,279 26,279 26,279 26,279 - - - - - 2017 Commerce Bank, Plow Truck, Electrician Lift Truck 55,720 55,720 55,720 55,720 55,720 55,720 55,720 - - Total Expenditures 2,193,193 5,158,839 7,168,991 7,575,252 6,292,438 8,064,425 2,748,720 3,145,000 2,913,000 Other Uses: Operating Transfers Out - General Fund: - Engineering Department Salary and Operations 247,314 247,314 341,648 341,648 390,520 402,236 414,303 426,732 439,534 Operating Transfers Out - Community Housing Fund: - Mi Casa Program - - - - 597,699 - - - - Operating Transfers Out - Debt Service Fund: - 2010 COPs (ARTF)239,363 - - - - - - - - - 2014B COPS (Street Improvements)318,613 322,493 322,493 321,543 319,119 322,494 319,616 320,587 317,254 - 2016 COPS (Public Safety Bldg.)449,825 449,375 449,375 449,175 448,375 447,675 443,675 449,525 418,425 - 2020 Refunding COPs - 195,517 195,517 195,317 192,214 194,323 196,183 190,993 192,840 Operating Transfers Out - Mobility Fund: - Diesel Buses (2) - 200,000 200,000 200,000 200,000 - - - - - Electric Buses (2) - 300,000 400,000 - 400,000 - - - - Operating Transfers Out - Fleet Maintenance Fund: - 2020 COPs (Fleet Maintenance Bldg.)- 193,460 193,460 193,460 195,357 197,204 193,002 193,825 195,612 Operating Transfers Out - Equipment Replacement Fund: - Street Sweeper and Loader - 425,000 425,000 425,000 - - - - - - Plow Trucks - - - - - - 275,000 275,000 275,000 Total Other Uses 1,255,115 2,333,159 2,527,493 2,126,143 2,743,284 1,563,932 1,841,779 1,856,662 1,838,665 Total Expenditures and Uses of Funds 3,448,308 7,491,998 9,696,484 9,701,395 9,035,722 9,628,357 4,590,499 5,001,662 4,751,665 Net Source (Use) of Funds 3,378,892 (4,093,498) (5,407,984) (4,153,895) (4,253,222) (2,218,357) 29,501 (346,662) (51,665) Fund Balance, Beginning of Year 8,722,351 7,222,383 12,101,243 12,101,243 7,947,348 3,694,126 1,475,769 1,505,271 1,158,609 Fund Balance, End of Year 12,101,243$ 3,128,885$ 6,693,259$ 7,947,348$ 3,694,126$ 1,475,769$ 1,505,271$ 1,158,609$ 1,106,944$ Page 51 CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2020 2021 2021 2021 2022 2023 2024 2025 2026 Projected Fund Balances Restricted For: Asphalt Overlay 455,210$ 455,210$ 455,210$ 455,210$ 455,210$ 455,210$ 455,210$ -$ -$ Assigned For: Asphalt Overlay - - - - 250,000 500,000 750,000 55,210 - Tract G/URA Projects 484,108 1,099,108 1,099,108 1,129,108 207,108 (967,892) (967,892) (467,892) 532,108 Unassigned:. Unreserved 11,161,925 1,574,567 5,138,941 6,363,030 2,781,808 1,488,451 1,267,953 1,571,291 574,836 Total Fund Balances 12,101,243$ 3,128,885$ 6,693,259$ 7,947,348$ 3,694,126$ 1,475,769$ 1,505,271$ 1,158,609$ 1,106,944$ Page 52 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Total Original Revised Revised Project Cost Proposed Project Audited Budget Budget Budget To-Date Budget Capital Improvement Projects Budget 2020 2021 2021 2021 2021 2022 2023 2024 2025 2026 Facilities: General Government Facilities: Town Hall Control System 10,715$ 10,924$ -$ -$ -$ 10,924$ -$ -$ -$ -$ -$ Tenant Finish Construction - NTH 4,774,516 22,914 - - - 4,887,767 - - - - - Fiber - Pavilion to NTH 70,000 6,247 - 17,561 17,561 70,000 - - - - - Level 2 EV Charging Station - NTH 5,000 5,322 - - - 5,322 - - - - - New Town Hall Security Upgrades 125,000 105,423 - - - 105,423 - - - - - New Town Hall 2nd and 3rd Floor Updates 130,000 3,335 100,000 126,665 126,665 130,000 - - - - - Office Furnture 27,000 - - - 27,000 27,000 - - - - - Building Access Control 70,000 - - - - - 70,000 - - - - Old Town Hall Site: Utility Upgrade 450,000 144,169 - 305,831 305,831 450,000 - - - - - Asbestos Mitigation/Demolition 643,359 1,200 525,000 642,159 642,159 643,359 - - - - - H.A. Nottingham Park - East Improvements 2,850,000 - 85,000 85,000 85,000 85,000 765,000 2,000,000 - - - Powerline Undergrounding 120,000 - 120,000 - - - 120,000 - - - - Public Safety Facilities: PSF Parking Lot Canopy Design 20,000 - 20,000 20,000 20,000 20,000 - - - - - Wildridge Emergency Warning Siren 26,000 - - 26,000 26,000 26,000 - - - - - Public Works Facilities Equipment / Cinder Storage - Swift Gulch or Lot 5 550,000 - - - - - 50,000 500,000 - - - Fleet and Transportation Facilities: Fleet Maintenance EPDM Roof Replacement 320,000 - 300,000 20,000 20,000 20,000 - 300,000 - - - Bus Shelter - Piedmont Apartments 30,000 - 30,000 30,000 30,000 30,000 - - - - - Fleet Maintenance - HVAC / AC 25,000 - - - - - 25,000 - - - - Bus Shelters (6)240,000 - - - - - 240,000 - - - - Bus Shelter - Metcalf Road 20,000 - - - - - 20,000 - - - - ARFT - Overhead Door Replacement 209,705 - - - - - - 209,705 - - - ARTF - BAS / HVAC PM 155,000 - - - - - - - - 155,000 - ARTF - Roof Improvements / Snow 50,000 - - - - - 50,000 - - - - Cultural and Recreational Facilities: Pavilion - Retractable Door 322,928 40,574 - - - 292,769 - - - - - Pavilion - Deck Railing and Floor Replacement 425,600 95,434 - 330,166 330,166 425,600 - - - - - Recreation Center Weight Room Expansion 500,000 3,565 - - - 460,548 - - - - - Recreation Center Locker Replacement 290,000 - - 200,000 290,000 290,000 - - - - - Recreation Center HVAC Upgrade 250,000 - 250,000 250,000 250,000 250,000 - - - - - Recreation Center ADA Parking 10,000 - 10,000 10,000 - - 10,000 - - - - Projected Page 53 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Total Original Revised Revised Project Cost Proposed Project Audited Budget Budget Budget To-Date Budget Capital Improvement Projects Budget 2020 2021 2021 2021 2021 2022 2023 2024 2025 2026 Projected Metcalf Family Cabin Feasibility Analysis 20,000 - 20,000 20,000 20,000 20,000 - - - - - Recreation Center Yoga Studio Bathroom Conversion 30,000 - - 25,000 30,000 30,000 - - - - - Recreation Center Jacuzzi Leak Repair and Pool Deck 60,000 - - 60,000 60,000 60,000 - - - - - Recreation Center Pool Replastering 205,000 - - 198,273 205,000 205,000 - - - - - Pavilion Ramp 100,000 - - - - - 100,000 - - - - Other Facilities: Swift Gulch Housing Design 175,000 - 120,000 120,000 175,000 175,000 - - - - - 2120 Saddle Ridge Loop (Fire Station) Improve.61,000 - 24,840 24,840 24,840 61,000 - - - - - 2120 Saddleridge - Windows 40,000 - - - - - 40,000 - - - - Level 3 DC Fast EV Charging Station - Tract A 75,000 51,103 - - - 51,103 - - - - - Level 2 and DC Fast EV Charging Stations - Tract A 55,000 - - 81,000 81,000 81,000 - - - - - EV Charging Stations - Swift Gulch 220,000 - - - - - 110,000 110,000 - - - 351 Benchmark Demolition 750,000 - - - - - 750,000 - - - - Land and Land Improvements: H.A. Nottingham Park Improvements: Nottingham Park West Courts Reconstruction 1,077,000 - - - 20,000 20,000 1,057,000 - - - - West Nottingham Park Improvements/Soccer Field 318,000 9,307 268,000 308,693 308,693 318,000 - - - - - Restrooms - Nottingham Lake Beach 500,000 - 50,000 50,000 50,000 50,000 450,000 - - - - Nottingham Park Benches 26,640 26,640 - - - 26,640 - - - - - Nottingham Park Light Upgrade- Phase 2 281,200 - 190,000 281,200 281,200 281,200 - - - - - Nottingham Lake Beach Expansion 100,000 - 100,000 100,000 100,000 100,000 - - - - - Lot 16 Parking Lot Asphalt Overlay 40,000 - - - - - 40,000 - - - - Nottingham Park - Irrigation Replacement Design and Plan 50,000 - - - - - 50,000 - - - - Nottingham Park - Relocate Fitness Court 100,000 - - - - - - 100,000 - - - Other Park and Land Improvements: Eagle River Whitewater Park Repair 245,758 20,200 - - - 235,958 - - - - - O'Neil Spur Park Improvements Design 20,000 - - 18,012 18,012 20,000 - - - - - Wildland Fire Mitigation 40,000 22,859 40,000 40,000 40,000 NA 40,000 40,000 40,000 40,000 40,000 O'Neil Spur Park Parking Lot Rebuild 100,000 - 100,000 100,000 100,000 100,000 - - - - - Eaglebend Park Refresh 40,000 - - - - - - - - - 40,000 Saddleridge Park Refresh 100,000 - - - - - - 25,000 75,000 - - Page 54 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Total Original Revised Revised Project Cost Proposed Project Audited Budget Budget Budget To-Date Budget Capital Improvement Projects Budget 2020 2021 2021 2021 2021 2022 2023 2024 2025 2026 Projected Roads and Streets: Streetscape Improvements: Mall Activation Elements 30,000 15,088 - 24,912 24,912 40,000 - - - - - Avon Rd./I70 Aesthetic Improvements 1,048,245 44,668 900,000 995,112 995,112 1,048,245 - - - - - Metcalf Road - Retaining Wall Stabilization 80,000 - - - - - 80,000 - - - - Street Improvements: Retaining Wall Repairs - Nottingham & Swift Gulch Rd.150,000 - 150,000 150,000 150,000 150,000 - - - - - Yoder Ave. Asphalt Overlay 550,000 202,611 - - - 206,541 - - - - - Benchmark Rd. On-Street Parking 600,000 552,940 - - - 590,892 - - - - - Mikaela Way and Benchmark Rd. Asphalt Overlay 400,000 - 400,000 400,000 400,000 400,000 - - - - - Hurd Lane Intersection Improvements 20,000 - 20,000 20,000 20,000 20,000 - - - - - WB B/C Blvd - US Hwy 6 to Avon Elem.515,000 - - - - - 515,000 - - - - Buck Creek Road Repairs 800,000 11,651 800,000 788,349 788,349 800,000 - - - - - Riverfront and Lake Street Repairs 450,000 - - - - - - 450,000 - - - Upper Buck Creek Repairs 475,000 - - - - - - - 475,000 - - Post Blvd. Repairs 1,400,000 - - - - - - - - 1,400,000 - Metcalf Road Culvert Repair 450,000 - - 237,466 450,000 450,000 - - - - - US Hwy 6 & Stonebridge Rd. Roundabout 2,500,000 - - - - - 300,000 2,200,000 - - - Annual Street Maintenance Eaglebend Dr. Resurfacing 225,000 189,189 - - - 190,229 - - - - - Annual Guard Rail Repair 40,000 38,668 40,000 40,000 40,000 NA 40,000 40,000 40,000 40,000 40,000 Fawcett Road Asphalt overlay 375,000 - - - - - 375,000 - - - - Swift Gulch Road - Buffalo Ridge Asphalt Overlay 364,000 - - - - - - 364,000 - - - Swift Gulch Road - East Asphalt overlay 400,000 - - - - - - - - - 400,000 Avon Road Asphalt Overlay 913,000 - - - - - - - 913,000 - - Millie's Lane Asphalt Overly 56,000 - - - - - - - - 56,000 - Old Trail Road Asphalt Overlay 408,000 - - - - - - - - 408,000 - Avon Elem. School Sidewalk Repair 200,000 - - - - - 200,000 - - - - Wildridge Road Asphalt Overlay 2,243,000 - - - - - - - - - 2,243,000 Avon Road Roundabout Aprons / Landscaping Refresh 750,000 - - - - - 150,000 150,000 150,000 150,000 150,000 Multi-Modal/Alternative Mobility: East and West B/C Blvd. Street Rebuild 4,025,943 2,140 - - - 3,990,383 - - - - - US Hwy 6 Crosswalks 80,000 - - - - - 80,000 - - - - West B/C Blvd./ Beach On-street Parking Imp.10,325 - - 10,325 10,325 10,325 - - - - - W. Main Street Mall Improvements 1,500,000 - - - - - - - 1,000,000 500,000 - Page 55 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Total Original Revised Revised Project Cost Proposed Project Audited Budget Budget Budget To-Date Budget Capital Improvement Projects Budget 2020 2021 2021 2021 2021 2022 2023 2024 2025 2026 Projected Recreational Trails Program: West Avon Preserve Trail Improvements 57,000 52,464 57,000 - - 52,464 - - - - - Recreation Trail Path Reconstruction 720,000 - - - - - - 720,000 - - - Lee's Way Rebuild 50,000 - - - - - 50,000 - - - - Avon Elem. School to Nottingham Lake Path Replacement 396,000 - - - - - - - - 396,000 - Utility Projects: Nottingham Rd. Debris Flow Study and Improvements 425,000 35,831 - 224,866 224,866 425,000 - - - - - Avon Road Water Quality Vault Projects 315,000 253,972 - 61,028 61,028 315,000 - - - - - GIS Implementation - Drainage Infrastructure Layers 75,000 - - - - - 75,000 - - - - Tract A Drainage Improvements 50,000 - - - - - 50,000 - - - - Nottingham / Puder Ditch Piping 687,500 - - - - - 62,500 625,000 - - - Planning and Consulting: Planning and Design / W. Main Street, Rec. Center, 351 Ben 225,000 - - - - - 100,000 175,000 - - - Communications and Technology: e-Gov.: Broadband 125,000 - - 125,000 125,000 125,000 - - - - - Fiber - CDOT Hand hold to PSF 80,000 - 80,000 80,000 80,000 80,000 - - - - - RR Bridge LED Messaging Boards 75,000 - 75,000 75,000 75,000 75,000 - - - - - Permanent Variable Message Boards (3)150,000 - 150,000 150,000 150,000 150,000 - - - - - Finance/Comm Dev./HR ERP & HRIS Systems 275,290 142,756 - 132,534 132,534 275,290 - - - - - Mini-split NTH Data Center 20,000 - 20,000 20,000 20,000 20,000 - - - - - Firearms Simulator 32,000 - 32,000 32,000 32,000 32,000 - - - - - Hybrid Meeting Technical Improvements 30,000 - - 30,000 30,000 30,000 - - - - - Microsoft Teams Phone System Migration 38,939 - - - - - 38,939 - - - - Survellance NVR Server Consolidation and Replacement 32,000 - - - - - 32,000 - - - - Nottingham Park Wi-Fi Access 150,000 - - - - - 75,000 - - - - Total Capital Improvement Projects 42,616,663$ 2,111,194$ 5,076,840$ 7,086,992$ 7,493,253$ 19,540,982$ 6,210,439$ 8,008,705$ 2,693,000$ 3,145,000$ 2,913,000$ Page 56 FinalOriginalRevised ProposedActualBudgetBudgetBudget2020202120212022 Personnel Services 1,075,166$ 1,133,317$ 1,224,634$ 1,552,284$ Commodities 91,848 8,565 48,974 54,451 Purchased & Contract Services 506,882 469,832 805,176 975,374 Other Operating Costs 755,059 593,747 599,020 729,696 Capital Outlay 32,879 1,350 12,399 12,549 Total 2,461,834$ 2,206,811$ 2,690,203$ 3,324,354$ The General Government Department includes the legislative, general administrative services, legal, municipal court, culture, arts, special events, communications and marketing, community grants and economic development functions of the Town. These functions are performed by the Council, Town Manager, Town Clerk, Town Attorney, Municipal Court Judge, and various Town Staff. SUMMARY OF CHANGES FROM PREVIOUS YEAR The Special Events Coordinator position was vacated mid-year in 2020, this position was subsequently replaced with two full-time seasonal coordinators to assist with the 2021 summer events season. That staffing model did not work out and we are proposing to reinstate one year-round Special Events Coordinator position in 2022. In addition we are proposing one full-time year-round public works operator 1 which will report to Public Works half of the year and which will report to Special Events in the summer time. In administration, we are proposing a new Grants Administrator position which will spend the majority of his/her time on writing & administering grants and which will be supplemented with admin work where possible. We propose the Clerk's Office to get 12hrs/week support from the adinistrative services officer to help with covering the clerk's office 9 hours a day. This position is paid 70% by Avon PD and 30% out of the Town Clerk budget. The recreation marketing expenses were moved from the Recreation budget to the Community Relations budget. BUDGET SUMMARY: GENERAL GOVERNMENT DEPARTMENT ADMINISTRATION OF THE DEPARTMENT The Town Manager is the Chief Executive and Administrative Officer for the Town of Avon and oversees all operations and activities of the Town. The expenditures for the Town Manager are accounted for entirely in General Government and not dispersed proportionately among departments and funds. DEPARTMENT EXPENDITURES BY CATEGORY Page 57 Mayor and Town Council 255,633$ 292,101$ 295,825$ 317,167$ Town Attorney/Legal 249,105 205,000 255,000 245,000 Town Clerk 126,689 135,652 137,754 144,693 Municipal Court 123,876 134,547 135,767 197,438 Town Manager 380,489 423,644 462,167 599,956 Community Relations 243,282 248,119 287,104 321,646 Economic Development 121,958 158,700 172,774 200,998 Special Events 305,185 514,898 844,162 1,205,206 Community Grants 92,800 94,150 99,650 92,250 COVID-10 562,817 - - - Total 2,461,834$ 2,206,811$ 2,690,203$ 3,324,354$ FinalOriginalRevised ProposedActualBudgetBudgetBudget2020202120212022Town Manager 1 1 1 1 General Government Manager 1 1 1 1 General Government Intern 1 1 1 1 Communications Manager 1 1 1 1 Town Clerk 1 1 1 1 Court Administrator 1 1 1 1 Grants Administrator 0 0 0 1 Cultural Arts and Special Events Manager 1 1 1 1 Special Events Coordinator 1 1 0 1 Total 8 8 7 9 Municipal Court: Avon’s Home Rule Charter Section 10.2 establishes the Municipal Court that has “exclusive original jurisdiction of all causes arising under the ordinances of the town as may be conferred by law”. The Town Council appoints the Town Prosecutor and the Municipal Judge, who presides over the Court to hear violations of the Town of Avon Ordinances. Town Council: The Town Council elects the Mayor, and together the elected officials serve as the legislative body for the Town, setting policy and adopting and updating the Municipal Code, as needed. Contributions to outside agencies and economic development investments, which are provided funding to other agencies, are approved by the Town Council. JUDICIAL Town Attorney: The Town Attorney, appointed by the Town Council and is a contracted position. The Attorney serves as the legal representative of the Town, advising the Town Council and staff, and coordinating with special counsel appointments. DEPARTMENT EXPENDITURES BY PROGRAM AUTHORIZED POSITIONS PROGRAM ACTIVITIES AND OPERATIONS: GENERAL GOVERNMENT LEGISLATIVE Page 58 Special Events Administration & Production: Responsible for the special event development operations of all special events in the Town of Avon, including Town-produced events, such as Salute to the USA, and events put on by outside producers. The staff provides administrative support to the Cultural, Arts and Special Events (CASE) Committee. The CASE Manager oversees one full- time employee, part-time staff including bar managers and bartenders and the Town's volunteers. Community Grants: This account includes all grant monies the Council approves for use by outside agencies, which include economic development, art and cultural programs, regional environmental projects and health and human service needs. ADMINISTRATION Town Manager: Appointed by the Council and serving as the Chief Executive and Administrative Officer, the Manager, in addition to general administrative responsibilities, is tasked with enforcing the laws and ordinances of the Town, oversight of all Town personnel, the preparation and implementation of the annual budget, attending Council meetings and participating in discussions with the Council in an advisory capacity, and establishing a system of accounting and auditing for the Town. Community Relations: The Community Relations office plays a primary role in communicating with Town of Avon residents through the accurate and consistent flow of public information, through the media and Town's website to fully inform the Town’s various constituencies on activities, agendas and programs. Town Clerk: The Town Clerk’s office is responsible for maintaining the Town’s official records and the minutes of all meetings, as well as providing notifications to the public per the Town’s Charter. The office is responsible for the administration of municipal elections and for the administration of liquor licenses. The Clerk’s office also responds to citizen inquiries concerning Town legislation and public records requests. Page 59 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 111 - MAYOR AND TOWN COUNCIL 100-111-61102 REGULAR PART-TIME SALARY 51,000.00 51,000.00 0.00 100-111-61207 TELEPHONE ALLOWANCE 480.00 0.00 -480.00 100-111-61302 PTS PENSION 1,912.00 2,029.00 117.00 100-111-61401 FICA/MEDICARE 746.00 752.00 6.00 100-111-61501 GROUP HEALTH & LIFE INSURANCE 168,654.00 171,146.00 2,492.00 100-111-61507 DENTAL INSURANCE 11,655.00 11,431.00 -224.00 100-111-61509 WORKER'S COMPENSATION INSURANCE 62.00 62.00 0.00 100-111-61510 UNEMPLOYMENT INSURANCE 153.00 162.00 9.00 100-111-63203 PRINTING & REPRODUCTION 300.00 300.00 0.00 Description Amount BUSINESS CARDS, NAME BADGES & NAME PLATES 300.00 100-111-63303 PHOTOGRAPHY SERVICES 0.00 1,000.00 1,000.00 Description Amount PHOTOGRAPHY AFTER ELECTION 1,000.00 100-111-63999 OTHER PURCHASED & CONTRACT SERVICES 3,000.00 3,000.00 0.00 Description Amount CONSULTING/TRAINING 3,000.00 100-111-64101 PROFESSIONAL DEVELOPMENT 6,900.00 11,400.00 4,500.00 Description Amount APA 1,600.00 CAST MEETINGS 6,000.00 CML VAIL 1,200.00 CREATIVE INDUSTRIES SUMMIT 1,000.00 MISC 1,600.00 100-111-64102 DUES, LICENSES & MEMBERSHIPS 38,089.00 48,854.00 10,765.00 Description Amount 1-70 COALITION 4,189.00 CAST 2,426.00 CC4CA 5,000.00 CLIMATE ACTION COLL 20,000.00 CML 10,287.00 NWCCOG 6,952.00 100-111-64104 MEETING EXPENSES 7,800.00 8,800.00 1,000.00 Description Amount MEETINGS COUNCIL MEMBERS / THIRD PARTY 1,200.00 MEETINGS MAYOR / THIRD PARTY 1,600.00 TOWN COUNCIL MEETINGS & RETREATS 6,000.00 100-111-64206 CELLULAR & PAGING 0.00 4,032.00 4,032.00 Description Amount CELLULAR PHONE ALLOWANCE 7 X $48 X 12 4,032.00 100-111-66402 COMPUTERS & PERIPHERALS 5,074.00 3,199.00 -1,875.00 Description Amount IPAD FOR NEW COUNCIL MEMBER 1,199.00 NEW LAPTOP COUNCIL CHAMBERS (1)2,000.00 Total Program: 111 - MAYOR AND TOWN COUNCIL:295,825.00 317,167.00 -21,342.00 Page 60 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 113 - TOWN ATTORNEY 100-113-63101 LEGAL SERVICES 255,000.00 245,000.00 -10,000.00 Description Amount OTHER LEGAL SERVICES 65,000.00 TOWN ATTORNEY GENERAL 180,000.00 Total Program: 113 - TOWN ATTORNEY:255,000.00 245,000.00 -10,000.00 Page 61 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 115 - TOWN CLERK 100-115-61101 REGULAR FULL-TIME SALARY 70,552.00 73,665.00 3,113.00 100-115-61106 PAID OUT LEAVE 1,002.00 668.00 -334.00 100-115-61151 OVERTIME WAGES 500.00 0.00 -500.00 100-115-61157 SPANISH FLUENCY STIPEND 2,288.00 2,288.00 0.00 100-115-61301 FT PENSION 7,640.00 8,103.00 463.00 100-115-61304 EMPLOYEE ASSISTANCE PROGRAM 24.00 24.00 0.00 100-115-61401 FICA/MEDICARE 1,014.00 1,055.00 41.00 100-115-61501 GROUP HEALTH & LIFE INSURANCE 33,031.00 34,771.00 1,740.00 100-115-61505 LONG-TERM DISABILITY INSURANCE 396.00 420.00 24.00 100-115-61507 DENTAL INSURANCE 2,464.00 2,833.00 369.00 100-115-61509 WORKER'S COMPENSATION INSURANCE 103.00 108.00 5.00 100-115-61510 UNEMPLOYMENT INSURANCE 210.00 228.00 18.00 100-115-62801 EMPLOYEE RECOGNITION EXPENSE 50.00 50.00 0.00 Description Amount EMPLOYEE RECOGNITION 50.00 100-115-62905 BOOKS & PERIODICALS 4,500.00 4,500.00 0.00 Description Amount CODIFICATION 4,500.00 100-115-62999 OFFICE SUPPLIES & MATERIALS 260.00 260.00 0.00 Description Amount GENERAL OFFICE SUPPLIES 260.00 100-115-63304 COMPUTER SERVICES 1,525.00 1,525.00 0.00 Description Amount LASERFICHE CONSULTING 1,000.00 MUNICIPAL CODE HOSTING 525.00 100-115-63504 R&M-OFFICE EQUIP & COMPUTERS 1,700.00 1,700.00 0.00 Description Amount XEROS BASE FEE 1,700.00 100-115-63603 RENTALS-OFFICE EQUIPMENT 2,400.00 2,400.00 0.00 100-115-63999 OTHER PURCHASED & CONTRACT SERVICES 500.00 500.00 0.00 Description Amount BACKGROUND CHECKS 500.00 100-115-64101 PROFESSIONAL DEVELOPMENT 2,400.00 4,400.00 2,000.00 Description Amount CLERKS INSTITUTE (1)2,000.00 CMCA CERTIFICATION (1)800.00 CMCA CONFERENCE (1)1,100.00 MISC TRAININGS 500.00 100-115-64102 DUES, LICENSES & MEMBERSHIPS 445.00 445.00 0.00 Description Amount MEMBERSHIP DUES 445.00 100-115-64301 POSTAGE & DELIVERY COSTS 50.00 50.00 0.00 Description Amount FEDEX AND UPS CHARGES 50.00 Page 62 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-115-64302 RECORDING FEES 500.00 500.00 0.00 Description Amount COUNTY RECORDING FEES 500.00 100-115-64305 ELECTION & REGISTRATION COSTS 3,000.00 3,000.00 0.00 Description Amount GENERAL ELECTION COSTS - BASED ON 3 YR AVERAGE 3,000.00 100-115-64901 ADVERTISING/LEGAL NOTICES 1,200.00 1,200.00 0.00 Description Amount TOWN CLERK LEGAL NOTICES 1,200.00 Total Program: 115 - TOWN CLERK:137,754.00 144,693.00 6,939.00 Page 63 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 121 - MUNICIPAL COURT 100-121-61101 REGULAR FULL-TIME SALARY 52,982.00 78,039.00 25,057.00 100-121-61102 REGULAR PART-TIME SALARY 24,190.00 22,260.00 -1,930.00 100-121-61106 PAID OUT LEAVE 758.00 505.00 -253.00 100-121-61157 SPANISH FLUENCY STIPEND 0.00 2,966.00 2,966.00 100-121-61301 FT PENSION 5,777.00 8,584.00 2,807.00 100-121-61302 PTS PENSION 907.00 835.00 -72.00 100-121-61304 EMPLOYEE ASSISTANCE PROGRAM 48.00 31.00 -17.00 100-121-61401 FICA/MEDICARE 1,112.00 1,471.00 359.00 100-121-61501 GROUP HEALTH & LIFE INSURANCE 11,474.00 35,083.00 23,609.00 100-121-61505 LONG-TERM DISABILITY INSURANCE 437.00 445.00 8.00 100-121-61507 DENTAL INSURANCE 726.00 2,483.00 1,757.00 100-121-61509 WORKER'S COMPENSATION INSURANCE 113.00 147.00 34.00 100-121-61510 UNEMPLOYMENT INSURANCE 230.00 314.00 84.00 100-121-62801 EMPLOYEE RECOGNITION EXPENSE 50.00 50.00 0.00 Description Amount EMPLOYEE RECOGNITION 50.00 100-121-62999 OFFICE SUPPLIES & MATERIALS 200.00 200.00 0.00 Description Amount SUPPLIES SPECIFIC TO COURT 200.00 100-121-63101 LEGAL SERVICES 23,000.00 30,000.00 7,000.00 Description Amount MUNICIPAL COURT LEGAL 30,000.00 100-121-63199 OTHER PROFESSIONAL SERVICES 500.00 500.00 0.00 Description Amount INDIGENT ATTORNEY FEES {CRLF} ATTORNEY FEES 500.00 100-121-63202 JUROR & WITNESS FEES 250.00 250.00 0.00 Description Amount JURY TRIAL REQUESTS 250.00 100-121-63304 COMPUTER SERVICES 3,438.00 3,700.00 262.00 Description Amount FULLCOURT ANNUAL 3,700.00 100-121-63999 OTHER PURCHASED & CONTRACT SERVICES 8,500.00 8,500.00 0.00 Description Amount TRANSLATION SERVICES - 23 8,500.00 100-121-64101 PROFESSIONAL DEVELOPMENT 1,000.00 1,000.00 0.00 Description Amount MISCELLANEOUS COURT 1,000.00 100-121-64102 DUES, LICENSES & MEMBERSHIPS 75.00 75.00 0.00 Description Amount CAMCA 75.00 Total Program: 121 - MUNICIPAL COURT:135,767.00 197,438.00 61,671.00 Page 64 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 131 - TOWN MANAGER 100-131-61101 REGULAR FULL-TIME SALARY 307,842.00 397,376.00 89,534.00 100-131-61106 PAID OUT LEAVE 3,595.00 2,397.00 -1,198.00 100-131-61201 AUTOMOBILE ALLOWANCE 6,000.00 6,000.00 0.00 100-131-61203 HOUSING ALLOWANCE 6,900.00 6,900.00 0.00 100-131-61301 FT PENSION 32,186.00 43,711.00 11,525.00 100-131-61304 EMPLOYEE ASSISTANCE PROGRAM 72.00 96.00 24.00 100-131-61401 FICA/MEDICARE 4,430.00 5,823.00 1,393.00 100-131-61501 GROUP HEALTH & LIFE INSURANCE 59,210.00 96,560.00 37,350.00 100-131-61505 LONG-TERM DISABILITY INSURANCE 1,668.00 2,265.00 597.00 100-131-61507 DENTAL INSURANCE 3,569.00 6,932.00 3,363.00 100-131-61509 WORKER'S COMPENSATION INSURANCE 2,801.00 3,641.00 840.00 100-131-61510 UNEMPLOYMENT INSURANCE 917.00 1,192.00 275.00 100-131-62801 EMPLOYEE RECOGNITION EXPENSE 150.00 200.00 50.00 Description Amount EMPLOYEES 200.00 100-131-62999 OFFICE SUPPLIES & MATERIALS 100.00 200.00 100.00 Description Amount GENERAL SUPPLIES 200.00 100-131-63203 PRINTING & REPRODUCTION 250.00 250.00 0.00 100-131-63999 OTHER PURCHASED & CONTRACT SERVICES 1,220.00 520.00 -700.00 Description Amount VAIL ALARM MONITORING FEE - FOR PANIC ALARM IN COU 520.00 100-131-64101 PROFESSIONAL DEVELOPMENT 6,540.00 15,000.00 8,460.00 Description Amount CCCMA CONFERENCE, HOTEL & CONF. FEES 500.00 CML CONF FEE 340.00 GG MGR MEETINGS & TRAININGS 1,500.00 GRANT WRITER MEETINGS & TRAININGS 1,000.00 ICMA ANNUAL CONFERENCE OR WORKSHOP 1,700.00 INTERN MEETINGS & TRAININGS 1,000.00 MISC MEETINGS & TRAININGS 4,460.00 TOWN MGR LEADERSHIP TRANING 4,500.00 100-131-64102 DUES, LICENSES & MEMBERSHIPS 1,375.00 1,665.00 290.00 Description Amount CCCMA (4)265.00 ICMA (1)1,400.00 100-131-64104 MEETING EXPENSES 2,500.00 2,500.00 0.00 Description Amount TOWN BUSINESS EXPENSES 2,500.00 100-131-64206 CELLULAR & PAGING 1,152.00 1,728.00 576.00 Description Amount CELLULAR PHONE ALLOWANCE 3 X $48 X 12 1,728.00 100-131-66402 COMPUTERS & PERIPHERALS 0.00 5,000.00 5,000.00 Description Amount NEW COMPUTER SETUP GRANT WRITER/ADMIN POSITION 3,000.00 REPLACE INTERN LAPTOP (1)2,000.00 Page 65 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Total Program: 131 - TOWN MANAGER:462,167.00 599,956.00 137,789.00 Page 66 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 133 - COMMUNITY RELATIONS 100-133-61101 REGULAR FULL-TIME SALARY 82,997.00 86,880.00 3,883.00 100-133-61106 PAID OUT LEAVE 1,129.00 753.00 -376.00 100-133-61157 SPANISH FLUENCY STIPEND 0.00 2,288.00 2,288.00 100-133-61301 FT PENSION 8,610.00 9,557.00 947.00 100-133-61304 EMPLOYEE ASSISTANCE PROGRAM 24.00 24.00 0.00 100-133-61401 FICA/MEDICARE 1,135.00 1,261.00 126.00 100-133-61501 GROUP HEALTH & LIFE INSURANCE 23,754.00 24,764.00 1,010.00 100-133-61505 LONG-TERM DISABILITY INSURANCE 446.00 495.00 49.00 100-133-61507 DENTAL INSURANCE 1,421.00 1,633.00 212.00 100-133-61509 WORKER'S COMPENSATION INSURANCE 116.00 121.00 5.00 100-133-61510 UNEMPLOYMENT INSURANCE 235.00 268.00 33.00 100-133-62801 EMPLOYEE RECOGNITION EXPENSE 50.00 50.00 0.00 Description Amount EMPLOYEE RECOGNITION 50.00 100-133-62999 OFFICE SUPPLIES & MATERIALS 100.00 100.00 0.00 100-133-63199 OTHER PROFESSIONAL SERVICES 7,100.00 10,600.00 3,500.00 Description Amount CREATIVE SERVICES 5,000.00 CREATIVE SUITE 6 600.00 MARKETING CONSULTING 5,000.00 100-133-63203 PRINTING & REPRODUCTION 1,500.00 1,500.00 0.00 Description Amount MISC POSTCARD MAILER 1,000.00 MISC POSTER PRINTING 500.00 100-133-63303 PHOTOGRAPHY SERVICES 10,000.00 20,000.00 10,000.00 Description Amount TOWN PHOTOGRAPHY (INCLUDES ARC)10,000.00 VIDEOGRAPHY 10,000.00 100-133-63304 COMPUTER SERVICES 1,068.00 1,068.00 0.00 Description Amount INTERNET FOR WILDRIDGE WEBCAM 1,068.00 100-133-63999 OTHER PURCHASED & CONTRACT SERVICES 33,250.00 42,250.00 9,000.00 Description Amount BANG THE TABLE 12,000.00 CIVIC PLUS HOSTING 13,500.00 CLEAR GOV - INSIGHT MODULE 3,750.00 GRANICUS GOV DELIVERY 12,000.00 MISC WEBSITE UPDATES 1,000.00 100-133-64101 PROFESSIONAL DEVELOPMENT 1,000.00 1,000.00 0.00 100-133-64206 CELLULAR & PAGING 434.00 434.00 0.00 Description Amount CELL PHONE 434.00 100-133-64901 ADVERTISING/LEGAL NOTICES 66,000.00 70,000.00 4,000.00 Description Amount AVON RECREATION CENTER 25,000.00 Page 67 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE DIGITAL ADVERTISING 25,000.00 PRINT ADVERTISING 10,000.00 RADIO ADVERTISING 10,000.00 100-133-64904 OPERATING FEES & CHARGES 46,735.00 46,600.00 -135.00 Description Amount CHANNEL 5 - 2% FRANCHISE 38,600.00 PEG FEE GRANT 8,000.00 Total Program: 133 - COMMUNITY RELATIONS:287,104.00 321,646.00 34,542.00 Page 68 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 134 - ECONOMIC DEVELOPMENT 100-134-63199 OTHER PROFESSIONAL SERVICES 24,000.00 0.00 -24,000.00 100-134-64102 DUES, LICENSES & MEMBERSHIPS 19,274.00 56,498.00 37,224.00 Description Amount EV WILDLAND 40,000.00 FRONT RANGER 16,298.00 VAIL BOARD OF REALTORS MEMBERSHIP 200.00 100-134-64902 FIN DONATIONS & CONTRIBUTIONS 129,500.00 144,500.00 15,000.00 Description Amount AVON ATHLETES - ZOE KALAPOS AND TAYLOR SEATON 2,000.00 E-BIKE INCENTIVES 25,000.00 EGE AIR ALLIANCE 20,000.00 NORTHWEST SBDC 5,000.00 VAIL VALLEY FOUNDATION - BIRDS OF PREY 40,000.00 VAIL VALLEY MOUNTAIN TRAILS ALLIANCE 5,000.00 VAIL VALLEY PARTNERSHIP 12,500.00 WALKING MOUNTAINS 35,000.00 Total Program: 134 - ECONOMIC DEVELOPMENT:172,774.00 200,998.00 28,224.00 Page 69 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 136 - SPECIAL EVENTS 100-136-61101 REGULAR FULL-TIME SALARY 89,998.00 191,727.00 101,729.00 100-136-61106 PAID OUT LEAVE 1,298.00 865.00 -433.00 100-136-61121 PTS WAGES 66,834.00 12,433.00 -54,401.00 100-136-61151 OVERTIME WAGES 15,000.00 27,050.00 12,050.00 100-136-61301 FT PENSION 9,900.00 21,090.00 11,190.00 100-136-61302 PTS PENSION 743.00 466.00 -277.00 100-136-61304 EMPLOYEE ASSISTANCE PROGRAM 24.00 60.00 36.00 100-136-61401 FICA/MEDICARE 1,592.00 3,258.00 1,666.00 100-136-61501 GROUP HEALTH & LIFE INSURANCE 33,110.00 71,872.00 38,762.00 100-136-61505 LONG-TERM DISABILITY INSURANCE 513.00 1,093.00 580.00 100-136-61507 DENTAL INSURANCE 2,464.00 5,283.00 2,819.00 100-136-61509 WORKER'S COMPENSATION INSURANCE 1,191.00 1,548.00 357.00 100-136-61510 UNEMPLOYMENT INSURANCE 270.00 694.00 424.00 100-136-62302 SPECIAL EVENT MATERIALS 1,927.00 7,625.00 5,698.00 Description Amount EGG HUNT 1,950.00 EGG HUNT 1,950.00 GENERAL 1,500.00 PADDLE BATTLES 1,250.00 SALUTE TO THE USA 900.00 SUMMERS END 75.00 100-136-62303 CONCESSIONS 18,950.00 16,700.00 -2,250.00 Description Amount AVONLIVE!5,400.00 COMMUNITY PICNIC 500.00 SALUTE TO THE USA 10,000.00 SUMMER'S END 800.00 100-136-62801 EMPLOYEE RECOGNITION EXPENSE 50.00 100.00 50.00 Description Amount EMPLOYEE RECOGNITION 100.00 100-136-62802 FOOD & BEVERAGES 21,691.00 22,740.00 1,049.00 Description Amount AVONLIVE!825.00 COMMUNITY PICNIC 7,500.00 GENERAL 500.00 PADDLE BATTLES 500.00 SALUTE TO THE USA 11,565.00 SUP RACE 350.00 TOWN CLEAN UP 1,500.00 100-136-62805 CLOTHING & UNIFORMS 300.00 1,200.00 900.00 Description Amount BAR & VOLLUNTEER STAFF 1,200.00 100-136-62899 OTHER MISC OPERATING SUPPLIES 200.00 200.00 0.00 100-136-62904 SOFTWARE 396.00 276.00 -120.00 Description Amount ADOBE ACROBAT 276.00 100-136-63199 OTHER PROFESSIONAL SERVICES 18,400.00 22,450.00 4,050.00 Page 70 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount AVONLIVE!5,000.00 EGG HUNT 6,800.00 PADDLE BATTLES 500.00 SALUTE TO THE USA 6,900.00 SUMMERS END 3,000.00 SUP RACE 250.00 100-136-63203 PRINTING & REPRODUCTION 8,460.00 12,450.00 3,990.00 Description Amount AVONLIVE!700.00 COMMUNITY PICNIC 100.00 EGG HUNT 500.00 GENERAL 3,200.00 PADDLE BATTLES 2,400.00 SALUTE TO THE USA 3,450.00 SUMMERS END 1,900.00 SUNSETLIVE!100.00 SUP RACE 100.00 100-136-63304 COMPUTER SERVICES 0.00 1,800.00 1,800.00 Description Amount COMPUTER SUPPORT - VOLUNTEERS 1,800.00 100-136-63305 AUDIO & VISUAL SERVICES 57,600.00 65,570.00 7,970.00 Description Amount AVONLIVE 29,470.00 COMMUNITY PICNIC 2,000.00 EGG HUNT 2,000.00 JULY IN JANUARY 5,500.00 PADDLE BATTLES 1,400.00 SALUTE TO THE USA 18,500.00 SUMMERS END 6,700.00 100-136-63306 SECURITY SERVICES 37,548.00 39,995.00 2,447.00 Description Amount AVONLIVE!5,517.00 JULY IN JANUARY 4,000.00 SALUTE TO THE USA 29,978.00 SUMMERS END 500.00 100-136-63606 RENTALS-TRAFFIC CNTRL EQUIP 16,016.00 26,200.00 10,184.00 Description Amount JULY IN JANUARY 11,200.00 SALUTE TO THE USA 14,600.00 SUMMERS END 400.00 100-136-63607 RENTALS-PORTABLE FACILITY 26,345.00 22,980.00 -3,365.00 Description Amount AVONLIVE!7,140.00 EGG HUNT 1,000.00 JULY IN JANUARY 3,000.00 SALUTE TO THE USA 11,840.00 100-136-63699 OTHER MISCELLANEOUS RENTALS 4,574.00 4,013.00 -561.00 Page 71 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount AVONLIVE!625.00 SALUTE TO THE USA 3,150.00 SUMMERS END 238.00 100-136-63998 ADMISSIONS FEE EXPENSE 13,296.00 8,951.00 -4,345.00 Description Amount ADMISSION FEE EXPENSES 8,951.00 100-136-63999 OTHER PURCHASED & CONTRACT SERVICES 224,746.00 396,402.00 171,656.00 Description Amount PERMANENT ART - TBD 5,000.00 AVONLIVE!132,736.00 COMMUNITY PICNIC 3,700.00 EGG HUNT 1,175.00 GENERAL ART AROUND AVON TEMP 20,000.00 JULY IN JANUARY 48,715.00 LAKESIDE CINEMA MOVIES & SCREEN 11,736.00 PADDLE BATTLES 7,400.00 POP UP MUSIC 8,800.00 SALUTE TO THE USA 125,415.00 SUMMERS END 16,550.00 SUNSETLIVE!12,250.00 SUP RACES 2,525.00 TOWN CLEAN UP - MUSIC TALENT 400.00 100-136-64101 PROFESSIONAL DEVELOPMENT 1,450.00 2,005.00 555.00 Description Amount CCI SUMMIT - CONFERENCE 400.00 CFEA - DENVER CONFERENCE 250.00 IFEA - CONFERENCE 955.00 TIPS TRAINING 400.00 100-136-64102 DUES, LICENSES & MEMBERSHIPS 1,925.00 2,080.00 155.00 Description Amount CFEA DUES 175.00 IFEA DUES 955.00 POLLSTAR 950.00 100-136-64103 MILEAGE REIMBURSEMENT & TRAVEL 2,000.00 2,000.00 0.00 Description Amount AIR TRAVEL - IFEA 450.00 GROUND TRAVEL 200.00 LODGING - IFEA/CCI 1,050.00 PER DIEM - CFEA/CCI 300.00 100-136-64104 MEETING EXPENSES 1,766.00 1,766.00 0.00 Description Amount CASE MEETINGS - ONE PER MONTH 1,716.00 OTHER - MISC.50.00 100-136-64206 CELLULAR & PAGING 1,884.00 1,272.00 -612.00 Description Amount CELL PHONES (1) COORDINATOR 636.00 Page 72 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE CELL PHONES (1) MANAGER 636.00 100-136-64306 PERMIT & LICENSING FEES 2,435.00 2,580.00 145.00 Description Amount ASCAP 365.00 BMI 350.00 OPTION PREMISE LIQUOR - LOCAL 175.00 OPTIONAL PREMISE LIQUOR - STATE RENEWAL 500.00 PERMITS AVONLIVE 200.00 PERMITS EGG HUNT 100.00 PERMITS JULY IN JANUARY 100.00 PERMITS SALUTE TO THE USA 155.00 SESAC 470.00 SUMMERS END ENV. HEALTH 65.00 SUMMERS END ERFPD INSP REPORT 100.00 100-136-64307 BANK SERVICES CHARGES & CC FEES 1,214.00 1,340.00 126.00 Description Amount CREDIT CARD & POS FEES- AVONLIVE!625.00 CREDIT CARD & POS FEES- SALUTE TO THE USA 615.00 SUMMERS END 100.00 100-136-64308 SALES TAX 3,577.00 3,597.00 20.00 Description Amount SALES TAX - AVONLIVE 1,375.00 SALES TAX - SALUTE TO THE USA 1,822.00 SUMMERS END 400.00 100-136-64901 ADVERTISING/LEGAL NOTICES 28,150.00 37,125.00 8,975.00 Description Amount AVON LIVE 15,025.00 COMMUNITY PICNIC 200.00 EGG HUNT 1,750.00 JULY IN JANUARY 2,000.00 LAKESIDE CINEMA 900.00 PADDLE BATTLES 2,300.00 SALUTE TO THE USA 1,500.00 SUMMERS END 2,550.00 SUNSET LIVE 10,500.00 SUP RACE 200.00 TOWN CLEAN UP 200.00 100-136-64902 FIN DONATIONS & CONTRIBUTIONS 119,000.00 160,000.00 41,000.00 Description Amount CIRCUS COLORADO 35,000.00 CONTINGENCY 50,000.00 DANCING IN THE PARK 30,000.00 MAN OF THE CLIFF 10,000.00 VAIL VALLEY BREW-AU 32,000.00 WEEKLY ART EXPO 3,000.00 100-136-66402 COMPUTERS & PERIPHERALS 7,325.00 3,150.00 -4,175.00 Description Amount SPECIAL EVENTS DESKTOP REPLACMENT (1)1,150.00 SPECIAL EVENTS LAPTOP REPLACEMENT (1)2,000.00 Page 73 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-136-66404 FURNITURE & FIXTURES 0.00 1,200.00 1,200.00 Description Amount FURNITURE & FIXTURES 1,200.00 Total Program: 136 - SPECIAL EVENTS:844,162.00 1,205,206.00 361,044.00 Page 74 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 137 - COMMUNITY GRANTS 100-137-64102 DUES, LICENSES & MEMBERSHIPS 250.00 250.00 0.00 Description Amount EAGLE COUNTY HISTORICAL SOCIETY 250.00 100-137-64902 FIN DONATIONS & CONTRIBUTIONS 99,400.00 92,000.00 -7,400.00 Description Amount COMMUNITY GRANT PROGRAM FUNDIING 92,000.00 Total Program: 137 - COMMUNITY GRANTS:99,650.00 92,250.00 -7,400.00 Page 75 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 477,169$ 492,531$ 499,601$ 523,958$ Commodities 12,869 30,101 38,925 34,700 Purchased and Contract Services 19,849 30,188 30,188 65,938 Other Operating Costs 22,479 40,016 40,016 57,466 Capital Outlay - 950 950 3,150 Total 532,366$ 593,786$ 609,680$ 685,212$ Human Resources 532,366$ 593,786$ 609,680$ 685,212$ Total 532,366$ 593,786$ 609,680$ 685,212$ Human Resources Director 1 1 1 1 Human Resources Manager 1 1 1 1 Human Resources & Risk Mgmt. Coordinator 1 1 1 1 Human Resources Assistant 0.7 0.7 0.7 0.7 Total 3.7 3.7 3.7 3.7 SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY CATEGORY DEPARTMENT EXPENDITURES BY PROGRAM AUTHORIZED POSITIONS HR has maintained its staffing at 3.70 FTEs through 2021 and are budgeting for the same in 2022. We partnered with Eagle Valley Behavioral Health - Mountain Strong, increasing our Employee Assistance Program (EAP) for 2021 from four to approximately 80 professional counselors. We continue to work with SpeakUp ReachOut to offer free suicide awareness trainings to staff. We partnered with a new drug and alcohol third party administrator (TPA) to ensure compliance with federal FTA and FMCSA random testing requirements. We will continue to offer Spanish classes periodically during 2022 through our Avon Habla! Spanish language initiative. BUDGET SUMMARY: HUMAN RESOURCES DEPARTMENT The Human Resources Department was established in August 2015. Essential functions of the department include assisting department directors with recruitment, hiring, employee relations and performance management; managing and administering the compensation and benefits programs; oversight of the Town’s risk management and safety programs, and drug and alcohol testing program; policy development and compliance; and, working with department directors to develop appropriate training and professional development plans for employees. ADMINISTRATION OF THE DEPARTMENT The Human Resources Department is administered by the Human Resources Director, who is responsible for providing leadership in developing and implementing the Human Resources strategic plan, and overseeing all administrative, legislative, and fiscal operations necessary to assure quality management of core human resources functions for the Town. Page 76 Compensation and Benefits Administration: Conducts and reviews salary comparisons and market adjustment surveys, evaluates and analyzes pay practice data to determine market competitiveness, and develops and administers the Town’s compensation structures and classification policies. Assist in the development and implementation of the Town’s retirement plans and group health insurance plan; providing support in the areas of plan elections, medical, dental, vision, disability coverages. PROGRAM ACTIVITIES AND OPERATIONS: HUMAN RESOURCES General Human Resources Supports the Town Leadership Team in providing highly relevant guidance and coaching on a wide array of people issues. Supports TOA employees by providing a robust series of services and benefits, seeking to make Town of Avon an attractive workplace. HR maintains currency on best HR practices in the municipal world, and in our geography, and works to keep all HR staff current on HR practices in general by providing continuing education opportunities. Compensation and Benefits Administration Organizational Culture and Employee Relations Policy Development and Compliance Recruitment and Selection Training and Development Risk Management and Safety Training and Development: Develops, in collaboration with department directors, training and professional development programs that address employee training needs and improves teamwork, through initiatives including, but not limited to, new employee orientation, performance management training, leadership training and strengthening the Town's culture. Supports department heads when subject-specific training needs to be identified. Organizational Culture and Employee Relations: Provides support to department directors to strengthen the employer-employee relationship through measuring job satisfaction, employee engagement and resolving workplace conflict. Executes a variety of employee events including Health Fair, Summer Employee Recognition, Holiday Party, Open Enrollment, and Wellness Initiatives. Policy Development and Compliance: Reviews and makes recommendations for improvement of the Town's policies, procedures and practices on personnel and risk management matters. Responsible for monitoring local, state and federal employment laws and court rulings to ensure the Town remains fully compliant with all applicable laws and/or directions. Recruitment and Selection: Works closely with the departments to assist with assessments in relation to current staffing levels and advertising for vacant positions. Arranges and participates in the interview and screening process to obtain and fill open positions with qualified candidates. Develops compensation outlines for newly created positions. Risk Management and Safety: Oversees the administration of the Town's risk management and safety programs, including workers' compensation and property and liability insurance. Manages the Town's safety committee meetings, employee workplace safety training, workplace injury and property and liability reporting, modified duty and return-to- work programs, annual property tours, facility and equipment appraisal, annual risk management and safety insurance audits and renewals, and state workers compensation recertification program. Page 77 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 132 - HUMAN RESOURCES 100-132-61101 REGULAR FULL-TIME SALARY 324,080.00 376,940.00 52,860.00 100-132-61106 PAID OUT LEAVE 4,508.00 3,006.00 -1,502.00 100-132-61121 PTS WAGES 37,784.00 2,122.00 -35,662.00 100-132-61122 PTS BONUSES 900.00 0.00 -900.00 100-132-61151 OVERTIME WAGES 600.00 0.00 -600.00 100-132-61301 FT PENSION 35,367.00 41,463.00 6,096.00 100-132-61302 PTS PENSION 1,417.00 80.00 -1,337.00 100-132-61304 EMPLOYEE ASSISTANCE PROGRAM 72.00 89.00 17.00 100-132-61401 FICA/MEDICARE 5,232.00 5,386.00 154.00 100-132-61501 GROUP HEALTH & LIFE INSURANCE 80,906.00 84,770.00 3,864.00 100-132-61505 LONG-TERM DISABILITY INSURANCE 1,833.00 2,149.00 316.00 100-132-61507 DENTAL INSURANCE 5,307.00 6,099.00 792.00 100-132-61509 WORKER'S COMPENSATION INSURANCE 513.00 537.00 24.00 100-132-61510 UNEMPLOYMENT INSURANCE 1,082.00 1,317.00 235.00 100-132-62801 EMPLOYEE RECOGNITION EXPENSE 36,025.00 28,950.00 -7,075.00 Description Amount AWARDS OF EXCELLENCE 1,250.00 EMPLOYEE APPRECIATION MERCHANDISE 2,200.00 FALL TURKEYS 4,800.00 HOLIDAY PARTY 12,000.00 RETIREMENT RECOGNITION 1,800.00 SPRING EMPLOYEE APPRECIATION LUNCH 1,700.00 SUMMER PICNIC 3,700.00 YEARS OF SERVICE AWARDS 1,500.00 100-132-62802 FOOD & BEVERAGE 0.00 1,000.00 1,000.00 Description Amount COVID MEALS 1,000.00 100-132-62805 CLOTHING & UNIFORMS 500.00 700.00 200.00 Description Amount BLUE EMPLOYEE SHIRTS 700.00 100-132-62806 SAFETY MATERIALS & SUPPLIES 800.00 1,800.00 1,000.00 Description Amount ICE CLEATS 150.00 MISC SAFETY ITEMS 150.00 SAFETY INCENTIVE AWARDS 1,500.00 100-132-62904 SOFTWARE 300.00 350.00 50.00 Description Amount ADOBE ACROBAT 350.00 100-132-62905 BOOKS & PERIODICALS 500.00 500.00 0.00 Description Amount CIRSA TRAINING VIDEOS 200.00 SAFETY PUBLICATIONS & TRAINING MATERIALS 300.00 100-132-62999 OFFICE SUPPLIES & MATERIALS 800.00 1,400.00 600.00 Description Amount OFFICE SUPPLIES 1,400.00 100-132-63205 BACKGROUND CHECKS 3,800.00 8,700.00 4,900.00 Page 78 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount BACKGROUND CHECKS 8,700.00 100-132-63301 MEDICAL SERVICES & EXAMS 12,000.00 25,800.00 13,800.00 Description Amount DOT PHYSICALS 3,800.00 EMPLOYEE COVID TESTS 10,000.00 PRE-EMPLOYMENT DRUG & ALCOHOL TESTING 3,000.00 RANDOM DRUG & ALCOHOL TESTING 9,000.00 100-132-63304 COMPUTER SERVICES 0.00 24,000.00 24,000.00 Description Amount HRIS USER FEES 24,000.00 100-132-63504 R&M-OFFICE EQUIP & COMPUTERS 1,500.00 1,500.00 0.00 Description Amount PER PAGE PRINT CHARGES 1,500.00 100-132-63603 RENTALS-OFFICE EQUIPMENT 1,788.00 1,788.00 0.00 100-132-63999 OTHER PURCHASED & CONTRACT SERVICES 11,100.00 4,150.00 -6,950.00 Description Amount FLU SHOTS 1,150.00 HEALTH & WELLNESS FAIR 3,000.00 100-132-64101 PROFESSIONAL DEVELOPMENT 5,600.00 8,900.00 3,300.00 Description Amount SHRM ANNUAL CONFERENCE 5,900.00 TRAINING FOR HR STAFF 3,000.00 100-132-64102 DUES, LICENSES & MEMBERSHIPS 7,954.00 8,104.00 150.00 Description Amount CERTIFICATION EXAM - SHRM @ $300.00 (DID NOT USE I 375.00 CERTIFICATION RENEWAL - HRCI @ $169; SHRM @$100 269.00 EMPLOYERS COUNCIL 6,500.00 HCHRA MEMBERSHIP 300.00 SHRM MEMBERSHIP 660.00 100-132-64104 MEETING EXPENSES 1,250.00 1,250.00 0.00 Description Amount BENEFITS, SAFETY AND RETIREMENT MEETINGS 1,250.00 100-132-64105 TRAINING 7,000.00 8,000.00 1,000.00 Description Amount AVON HABLA - TESTING 2,000.00 CUSTOMER SERVICE TRAINING 2,000.00 SUPERVISORY TOWN-WIDE TRAININGS 4,000.00 100-132-64206 CELLULAR & PAGING 1,212.00 1,212.00 0.00 Description Amount CELL PHONE REIMBURSEMENT - MANAGER 576.00 CELL PHONES - HR DIRECTOR 636.00 100-132-64901 ADVERTISING/LEGAL NOTICES 15,000.00 25,000.00 10,000.00 Page 79 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount ADVERTISING FOR RECRUITMENT - VAIL DAILY, INTERNET 25,000.00 100-132-64999 OTHER MISC OPERATING COST 2,000.00 5,000.00 3,000.00 Description Amount RECRUITMENT EXPENSES - DTM & DIRECTOR LEVEL 5,000.00 100-132-66402 COMPUTERS & PERIPHERALS 950.00 3,150.00 2,200.00 Description Amount DESKTOP REPLACEMENT (1)1,150.00 LAPTOP REPLACEMENT HR DIRECTOR 2,000.00 Total Program: 132 - HUMAN RESOURCES:609,680.00 685,212.00 75,532.00 Page 80 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 1,181,768$ 1,216,873$ 1,242,992$ 1,099,789$ Commodities 42,843 42,677 42,677 16,367 Purchased & Contract Services 453,731 454,118 500,107 385,549 Other Operating Costs 294,838 335,875 343,403 428,831 Capital Outlay 1,445 1,600 16,871 8,900 Total 1,974,625$ 2,051,143$ 2,146,050$ 1,939,436$ Finance 982,068$ 994,292$ 1,053,941$ 946,664$ Information Technology 456,471 457,892 473,381 574,674 Nondepartmental 536,086 598,959 618,728 418,098 Total 1,974,625$ 2,051,143$ 2,146,050$ 1,939,436$ Finance Director / Asst. Town Manager 1 1 1 1 Finance Manager 1 1 1 1 Senior Accountant 2 2 2 2 Payroll Administrator 1 1 1 1 Accounting Assistant II 2 2 2 2 IT Manager 1 1 1 1 Help Desk Technician 1 1 1 1 Building Attendant 1 1 1 0 Total 10 10 10 9 The Finance Department is responsible for all financial activities of the Town and maintaining its fiscal integrity. The Department is also responsible for the Town's information technology systems. ADMINISTRATION OF THE DEPARTMENT BUDGET SUMMARY: FINANCE AND IT DEPARTMENT AUTHORIZED POSITIONS DEPARTMENT EXPENDITURES BY PROGRAM DEPARTMENT EXPENDITURES BY CATEGORY SUMMARY OF CHANGES FROM PREVIOUS YEAR The Finance Department is administered by the Assistant Town Manager/Finance Director who spends approximately 35% of time in finance administration, accounting and auditing, and another 40% in budgeting and long-range planning activities. The remainder of the time is split between debt administration, treasury management, and benefits administration. The Finance Division is managed on a day-to-day basis by the Finance Manager. The Information Technology division is managed by the Town's Information Technology Manager. The Finance Deparment successfully went live with a new Enterprise Resource Planning system beginning in January, 2021 and a new purchasing card system in March, 2021. These changes have resulted in the improvement of many core Finance processes and increased efficiency and productivity. The Finance Department intends to replace the exitsing timekeeping system in late 2021 or early 2022 to better integrate with the new ERP system and result in additional efficiency. Page 81 PROGRAM ACTIVITIES AND OPERATIONS: FINANCE AND IT IT Network Administration: Includes maintaining the Town's computer network systems, telephone systems, servers, security, routine maintenance & upgrades of hardware and software, documentation & disaster recovery. Customer Service: Provides support and service to all Town computer and telephone users. Log calls, resolve issues, track requests for equipment, software and training. Technology Planning: Continuously evaluates new technologies that can assist the Town in being more efficient. NONDEPARTMENTAL Central Services and Stores: The nondepartmental program budgets and reports those costs that are impractical or administratively burdensome to be reported in another program. Includes the budget for the Town's central office supply stores and the Town's main Xerox copier. Also includes the Town's general property and liability insurance coverages, and the Town's telephony and internet connections. Accounting and Financial Reporting: Includes accounts payable and payroll processing and general accounting; revenue collection, compliance, licensing and administration; procurement compliance and fixed asset inventory; internal control structure and asset safekeeping; and preparation of the Town's comprehensive annual financial report. Budgeting and Long-range Planning: Includes establishing budgetary policies, coordination of the budget process and preparation of the annual budget document. Also includes the Capital Improvement Program and preparing the 5- year Capital Improvement Plan, various other financial modeling, and gathering and reporting on economic and financial statistical information and analysis. Debt Administration and Treasury Management: Debt administration includes capital planning and analysis, debt issuance, meeting on-going disclosure and bond covenant requirements, maintaining credit ratings and investing bond proceeds. Treasury management includes establishing and reviewing cash controls, monitoring cash collection and disbursement procedures, forecasting, maintaining banking relations, cash management services, establishing investment policies and portfolio management. Benefits Administration: Includes financial analysis of self-insurance pools and renewals, reconciliation of departmental claims to premium invoices, reserve accounting and human resources support. Other responsibilities include retirement plan administration and support. Finance Director and Finance Manager serve on the retirement boards. FINANCE Page 82 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 141 - FINANCE 100-141-61101 REGULAR FULL-TIME SALARY 601,803.00 545,578.00 -56,225.00 100-141-61106 PAID OUT LEAVE 7,204.00 4,823.00 -2,381.00 100-141-61121 PTS WAGES 0.00 40,885.00 40,885.00 100-141-61151 OVERTIME WAGES 5,000.00 5,304.00 304.00 100-141-61157 SPANISH FLUENCY STIPEND 2,288.00 0.00 -2,288.00 100-141-61201 AUTOMOBILE ALLOWANCE 3,600.00 3,600.00 0.00 100-141-61301 FT PENSION 64,824.00 60,014.00 -4,810.00 100-141-61302 PTS PENSION 0.00 1,533.00 1,533.00 100-141-61304 EMPLOYEE ASSISTANCE PROGRAM 168.00 144.00 -24.00 100-141-61401 FICA/MEDICARE 8,670.00 8,493.00 -177.00 100-141-61501 GROUP HEALTH & LIFE INSURANCE 151,200.00 107,800.00 -43,400.00 100-141-61505 LONG-TERM DISABILITY INSURANCE 3,359.00 3,280.00 -79.00 100-141-61507 DENTAL INSURANCE 9,602.00 7,799.00 -1,803.00 100-141-61509 WORKER'S COMPENSATION INSURANCE 3,113.00 3,033.00 -80.00 100-141-61510 UNEMPLOYMENT INSURANCE 1,794.00 1,775.00 -19.00 100-141-62801 EMPLOYEE RECOGNITION EXPENSE 350.00 350.00 0.00 Description Amount EMPLOYEE RECOGNITION COSTS 350.00 100-141-62904 SOFTWARE 950.00 2,250.00 1,300.00 Description Amount ADOBE ACROBAT FOR NEW DESKTOPS X 4 1,200.00 ADOBE ACROBAT PRO ON NEW DESKTOP FIN DIRECTOR 450.00 MISCELLENEOUS 200.00 SYMANTEC 400.00 100-141-62905 BOOKS & PERIODICALS 2,160.00 3,355.00 1,195.00 Description Amount CCH TAX GUIDE 330.00 GAAFR NEWSLETER 50.00 PAYROLL HANDBOOK 225.00 REUTERS BOOKS ONLINE 2,750.00 100-141-62999 OFFICE SUPPLIES & MATERIALS 1,455.00 1,455.00 0.00 Description Amount FINANCE SPECIFIC SUPPLIES 1,455.00 100-141-63102 AUDIT & ACCOUNTING SERVICES 24,500.00 24,300.00 -200.00 Description Amount ANNUAL AUDIT 24,300.00 100-141-63199 OTHER PROFESSIONAL SERVICES 44,950.00 5,000.00 -39,950.00 Description Amount SALES TAX AUDIT PROGRAM 5,000.00 100-141-63203 PRINTING & REPRODUCTION 1,720.00 1,720.00 0.00 Description Amount AP CHECKS AND ENVELOPES 250.00 BUDGET PRINTING 820.00 CAFR PRINTING (15)300.00 EC RETT SALES 100.00 W-2'S & 1099'S 250.00 100-141-63304 COMPUTER SERVICES 85,458.00 76,060.00 -9,398.00 Page 83 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount CLEARGOV BUDGET BOOK/TRANSPARENCY MODULE 10,750.00 CLEARGOV CAPITAL BUDGETING MODULE 4,750.00 LODGING REVS 12,000.00 MUNIREVS 19,200.00 OTHER COMPUTER SERVICES 2,500.00 TYLER TECH INCODE SUPPORT (INCLUDES EXECUTIME)26,860.00 100-141-63504 R&M-OFFICE EQUIP & COMPUTERS 1,300.00 1,300.00 0.00 Description Amount PRINT CHARGES 700.00 TONER CARTRIDGES 600.00 100-141-63603 RENTALS-OFFICE EQUIPMENT 1,860.00 1,860.00 0.00 Description Amount COPIER LEASE 1,860.00 100-141-64101 PROFESSIONAL DEVELOPMENT 10,600.00 10,000.00 -600.00 Description Amount CGFOA STATE CONFERENCE 1,950.00 CGFOA TRAINING/WEBINARS 700.00 CPFO X 1 600.00 GFOA NATIONAL (FIN DIRECTOR)1,750.00 GFOA TRAINING/WEBINARS 1,500.00 TYLER TECH CONF (INCODE AND EXECUTIME) 2 X $1500 3,500.00 100-141-64102 DUES, LICENSES & MEMBERSHIPS 1,000.00 940.00 -60.00 Description Amount AMERICAN INST. CPA 285.00 APA NATIONAL DUES - PAYROLL ADMIN 260.00 CGFOA 200.00 GFOA 150.00 NOTARY 45.00 100-141-64104 MEETING EXPENSES 1,520.00 1,620.00 100.00 Description Amount CO AMERICAN PAYROLL 90.00 CO TAX AUDIT COALITION 180.00 FINANCE COMMITTEE 900.00 STAFF & ORGINIZATIONAL 300.00 WEST SLOPE COALITION 150.00 100-141-64201 TELEPHONE 600.00 600.00 0.00 Description Amount WIFI 600.00 100-141-64206 CELLULAR & PAGING 1,808.00 1,808.00 0.00 Description Amount CELL PHONE REIMBURSEMENT - FINANCE MANAGER 574.00 DIRECTOR CELL 660.00 POWER PACK 574.00 100-141-64307 BANK SERVICES CHARGES & CC FEES 6,000.00 7,600.00 1,600.00 Page 84 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount 1ST BANK 3,500.00 MISC 600.00 VERICHECK 3,500.00 100-141-64399 OTHER ADMINISTRATIVE FEES 3,285.00 3,285.00 0.00 Description Amount GFOA CERTIFICATION OF AUDIT 485.00 RETT RECORDING FEES 2,800.00 100-141-64901 ADVERTISING/LEGAL NOTICES 200.00 200.00 0.00 Description Amount NOTICES FOR BUDGET 200.00 100-141-66402 COMPUTERS & PERIPHERALS 1,600.00 8,900.00 7,300.00 Description Amount DESKTOP RELACEMENT X 6 6,900.00 LAPTOP REPLACMENT - FIN MANAGER 2,000.00 Total Program: 141 - FINANCE:1,053,941.00 946,664.00 -107,277.00 Page 85 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 143 - INFORMATION SYSTEMS 100-143-61101 REGULAR FULL-TIME SALARY 210,424.00 222,053.00 11,629.00 100-143-61106 PAID OUT LEAVE 3,019.00 2,013.00 -1,006.00 100-143-61151 OVERTIME WAGES 1,000.00 1,061.00 61.00 100-143-61301 FT PENSION 23,026.00 24,426.00 1,400.00 100-143-61304 EMPLOYEE ASSISTANCE PROGRAM 48.00 48.00 0.00 100-143-61401 FICA/MEDICARE 3,050.00 3,174.00 124.00 100-143-61501 GROUP HEALTH & LIFE INSURANCE 44,747.00 47,027.00 2,280.00 100-143-61505 LONG-TERM DISABILITY INSURANCE 1,193.00 1,266.00 73.00 100-143-61507 DENTAL INSURANCE 3,190.00 3,666.00 476.00 100-143-61509 WORKER'S COMPENSATION INSURANCE 309.00 325.00 16.00 100-143-61510 UNEMPLOYMENT INSURANCE 631.00 669.00 38.00 100-143-62401 GASOLINE 240.00 0.00 -240.00 100-143-62801 EMPLOYEE RECOGNITION EXPENSE 100.00 100.00 0.00 Description Amount EMPLOYEE RECOGNITION COSTS 100.00 100-143-62903 DATA PROCESSING SUPPLIES 84.00 1,500.00 1,416.00 100-143-62904 SOFTWARE 1,916.00 500.00 -1,416.00 100-143-63304 COMPUTER SERVICES 154,959.00 255,890.00 100,931.00 Description Amount ANALOG VOIP GATEWAY T0A-REC-ANALOGVG01 DT2810328 1 185.00 ANALOG VOIP GATEWAY TOA-FLEET-ANALOGVG01 DT2793462 120.00 ANALOG VOIP GATEWAY TOA-OTH-ANALOGVG01 DT2761317 1 185.00 ANALOG VOIP GATEWAY TOA-PSF-VG01 DT2793428 1Y MAIN 125.00 AZURE PREMIUM $6 X 160 X 12 MOS 11,520.00 BARRACUDA BACKUP SERVER + CLOUD SERVICE 1Y MAINTEN 5,080.00 BARRACUDA EMAIL ARCHIVER 1Y MAINTENANCE 3,400.00 BU-VMHOST WZP23200U05 1Y MAINTENANCE 729.00 CLOUD TO CLOUD BACKUP IMPLEMENTATION 225.00 DC-VMHOST-01 WMP242600P0 1Y MAINTENANCE 729.00 DC-VMHOST-02 WMP242600PN 1Y MAINTENANCE 729.00 DC-VMHOST03 WZP23200U0H 1Y MAINTENANCE 729.00 DOCUSIGN ANNUAL SUPPORT 3,000.00 ELECTRONIC RECYCLING 400.00 EXCHANGE SERVER ENTERPRISE SA 814.00 EXCHANGE SERVER ENTERPRISE SA 30 CAL 640.00 FIREWALL WITH FIREPOWER SODOHVBHI6O 1Y MAINTENANCE 5,470.00 GUEST WI-FI FIREWALL PURCHASE & IMPLEMENTATION 1,700.00 JAM TREESIZE 60.00 LASERFICHE ANNUAL SUPPORT 7,300.00 LASERFICHE FORMS BUILD SUPPORT 1,700.00 LASERFICHE MAINTENANCE - FORMS 2,200.00 LASERFICHE PUBLIC PORTAL SUPPORT 1,725.00 LYNC ENTERPRISE SA 1,800.00 MACRIUM COMPUTER IMAGING SOFTWARE 340.00 MICROSOFT TEAMS DIRECT ROUTING IMPLEMENTATION REPL 38,939.00 Microsoft Windows Server Device CAL 640.00 MONTLY TEAMS COST (HALF YEAR)24,918.00 OFFICE 365 - G1 SUBSCRIPTIONS $10 X 60 X 12 MOS $8 6,960.00 OFFICE 365 - G3 SUBSCRIPTIONS $23 X 100 X 12 MOS $27,000.00 OFFICE 365 BACKUP $4 PER USER (140) PER MONTH 5,600.00 OFFICE PRO PLUS SA 5 LICENSES 625.00 OFFICE STD SA 20 LICENSES 1,800.00 OLD VMHOST NEW DC 729.00 PEI LABOR W/ MANAGED SERVICES 5,000.00 PEI LICENSE MANAGEMENT $75 X 12 900.00 PEI MANAGED SERVICES 1 YR 1,800 / MONTH 21,600.00 Page 86 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE PHONE HEADSET REPLACEMENTS REPLACED AS NEEDED 1,000.00 PRIVATE DSL LINES (3) 185 / MONTH 2,220.00 PROOFPOINT SPAM FILTER 1YR SUB 200 X $2.25 X 12 MO 5,400.00 SECURITY ASSESSMENT 15,307.00 SKYPE SUBSCRIPTION $2 X 100 X 12 MOS + $42 SECURIT 2,442.00 SMARTTAP VOICE RECORDING 1,825.00 SQL SERVIER STD SA 5 LICENSES 985.00 SWITCH FLEET-SW02 FCW1937B1NV 1Y MAINTENANCE 910.00 SWITCH HQ-CORE01 FCW1952F0DF 1Y MAINTENANCE 1,584.00 SWITCH NTH-FL1SW01 FJC2218W1Q8 1Y MAINTENANCE 197.00 SWITCH NTH-FL2CORE01 FD01708R0YL 1Y MAINTENANCE 1,070.00 SWITCH NTHFL2SW01 FOC2417L8FC 1Y MAINTENANCE 800.00 SWITCH NTH-FL3SW01 FJC2218W1S6 1Y MAINTENANCE 197.00 SWITCH NTH-FL3SW02 FJC2218W1MV 1Y MAINTENANCE 797.00 SWITCH PSF-CORE01-1 FCW2116C0RA 1Y MAINTENANCE 1,757.00 SWITCH PSF-CORE01-2 FOC2116U0UA 1Y MAINTENANCE 1,775.00 SWITCH PSF-CORE01-3 FOC2116X0RF 1Y MAINTENANCE 1,775.00 SWITCH PSF-SW01 FOC2051S1YX 1Y MAINTENANCE 875.00 SWITCH PUMPHOUSE FCW1844A3FT 1Y MAINTENANCE 400.00 SWITCH REC-02 FJC2328W0CW 1Y MAINTENANCE 798.00 SWITCH REC-FL1SW01 FJC2218W1SH 1Y MAINTENANCE 197.00 SWITCH SRVSW01 FOC2417L8BZ 1Y MAINTENANCE 800.00 SWITCH SRVSW02 FOC2417L8E9 1Y MAINTENANCE 800.00 SWITCH TOA-BB01 FJC2327W3K8 1Y MAINTENANCE 198.00 SWITCH TOA-BB02 FJC2328W02D 1Y MAINTENANCE 798.00 SWITCH TOA-BB03 FJC2328W05L 1Y MAINTENANCE 798.00 SWITCH TOA-PAVILION FCW1850B3DN 1Y MAINTENANCE 400.00 SYMANTEC ANTIVIRUS 200 DEVICES X 55 11,000.00 VMWARE MAINTENANCE 1 Y MAINTENANCE 6,300.00 WI - FI ACCESS POINTS SPECIAL EVENTS 296.00 WI-FI ACCESS POINTS INCLUDING PAVILION AP'S 1,700.00 WINDOWS ENTERPRISE SA 7 LICENSES 385.00 WINDOWS SERVER CAL SA 80 LICENSES 588.00 WINDOWS SERVER STANDARD SA 80 DUAL CORE 1,900.00 Wireless controller Maintenance 2,000.00 100-143-63504 R&M-OFFICE EQUIP & COMPUTERS 1,500.00 1,500.00 0.00 100-143-64101 PROFESSIONAL DEVELOPMENT 4,310.00 7,700.00 3,390.00 Description Amount CGAIT CONFERENCE 750.00 TRAINING CLASS ONE EACH FOR WALT AND ROBERT 3,000.00 VMWORLD CONFERENCE 3,950.00 100-143-64102 DUES, LICENSES & MEMBERSHIPS 330.00 330.00 0.00 Description Amount DUES AND MEMBERSHIPS 330.00 100-143-64206 CELLULAR & PAGING 1,426.00 1,426.00 0.00 Description Amount VERIZON CELLULAR 1,426.00 100-143-64401 FLEET MAINTENANCE 2,447.00 0.00 -2,447.00 100-143-64403 WASH BAY CHARGES 161.00 0.00 -161.00 100-143-66402 COMPUTERS & PERIPHERALS 15,271.00 0.00 -15,271.00 Total Program: 143 - INFORMATION SYSTEMS:473,381.00 574,674.00 101,293.00 Page 87 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 149 - NONDEPARTMENTAL 100-149-61101 REGULAR FULL-TIME SALARY 54,338.00 0.00 -54,338.00 100-149-61106 PAID OUT LEAVE 739.00 0.00 -739.00 100-149-61151 OVERTIME WAGES 300.00 0.00 -300.00 100-149-61301 FT PENSION 5,805.00 0.00 -5,805.00 100-149-61304 EMPLOYEE ASSISTANCE PROGRAM 24.00 0.00 -24.00 100-149-61401 FICA/MEDICARE 770.00 0.00 -770.00 100-149-61501 GROUP HEALTH & LIFE INSURANCE 23,656.00 0.00 -23,656.00 100-149-61505 LONG-TERM DISABILITY INSURANCE 301.00 0.00 -301.00 100-149-61507 DENTAL INSURANCE 1,421.00 0.00 -1,421.00 100-149-61509 WORKER'S COMPENSATION INSURANCE 2,217.00 0.00 -2,217.00 100-149-61510 UNEMPLOYMENT INSURANCE 159.00 0.00 -159.00 100-149-62401 GASOLINE 804.00 1,194.00 390.00 Description Amount BASED ON HISTORICAL PLUS 20%1,194.00 100-149-62402 DIESEL 468.00 663.00 195.00 Description Amount BASED ON HISTORICAL PLUS 20%663.00 100-149-62801 EMPLOYEE RECOGNITION EXPENSE 50.00 0.00 -50.00 100-149-62802 FOOD & BEVERAGES 2,500.00 2,500.00 0.00 Description Amount MONTHLY STAFF COFFEES 1,500.00 TOWN HALL COFFEE 1,000.00 100-149-62803 JANITORIAL CLEANING SUPPLIES 29,000.00 0.00 -29,000.00 100-149-62805 CLOTHING & UNIFORMS 100.00 0.00 -100.00 100-149-62999 OFFICE SUPPLIES & MATERIALS 2,500.00 2,500.00 0.00 Description Amount PRINTING PAPER AND GENERAL SUPPLIES TH 2,500.00 100-149-63203 PRINTING & REPRODUCTION 3,000.00 3,000.00 0.00 Description Amount PRINTING SERVICES 2,000.00 TOA LOGO ENVELOPES 1,000.00 100-149-63305 AUDIO & VISUAL SERVICES 5,500.00 5,663.00 163.00 Description Amount AV SYSTEM SUPPORT 5,663.00 100-149-63504 R&M-OFFICE EQUIP & COMPUTERS 1,000.00 1,000.00 0.00 Description Amount HIGH COUNTRY COPIERS 1,000.00 100-149-63552 JANITORIAL & CUSTODIAL SERVICES 166,104.00 0.00 -166,104.00 100-149-63603 RENTALS-OFFICE EQUIPMENT 3,000.00 3,000.00 0.00 Description Amount COPIER LEASE 2,400.00 POSTAGE METER RENTAL 600.00 100-149-63999 OTHER PURCHASED & CONTRACT SERVICES 5,256.00 5,256.00 0.00 Description Amount Page 88 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE BUS PASSES 1,000.00 COSTCO MEMBERSHIP 60.00 FSA FEES 1,296.00 SHRED IT 1,400.00 ZOOM ACCOUNTS 1,500.00 100-149-64201 TELEPHONE 33,364.00 50,200.00 16,836.00 Description Amount LEVEL3 SIP SERVICE 7,800.00 NEW HORIZON PHONE AND INTERENT SERVICE FOR LUMEN S 14,400.00 VISIONARY INTERNET AND BACKUP POINT TO POINT 28,000.00 100-149-64301 POSTAGE & DELIVERY COSTS 4,000.00 4,500.00 500.00 Description Amount NEOPOST SUPPLIES 500.00 POSTAGE & DELIVERY COSTS 4,000.00 100-149-64303 TREASURER FEES 40,978.00 40,978.00 0.00 100-149-64309 VAA RSF COLLECTION FEES 13,000.00 13,000.00 0.00 Description Amount VAA RSF COLLECTION FEES 13,000.00 100-149-64399 OTHER ADMINISTRATIVE FEES 4,500.00 10,540.00 6,040.00 Description Amount FIRST WESTERN FEES QUARTERLY RETIREMENT FULL TIME 2,200.00 FIRST WESTERN FEES QUARTERLY RETIREMENT PTS 800.00 QUARTERLY 457 FEES 7,540.00 100-149-64401 FLEET MAINTENANCE 4,341.00 7,216.00 2,875.00 Description Amount FLEET MAINTENANCE CHARGES 7,216.00 100-149-64402 EQUIPMENT REPLACEMENT 71,126.00 126,011.00 54,885.00 Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 126,011.00 100-149-64403 WASH BAY CHARGES 645.00 0.00 -645.00 100-149-64905 INSURANCE PREMIUMS 137,762.00 140,877.00 3,115.00 Description Amount 2022 PROPERTY/CASUALTY COVERAGE - CIRSA 130,215.00 EXCESS CRIME 614.00 EXCESS CYBER 6,337.00 FIDUCIARY LIABILITY - RETIREMENT BOARD 3,185.00 TREASURER BOND - FINANCE DIRECTOR 350.00 VAMP 176.00 Total Program: 149 - NONDEPARTMENTAL:618,728.00 418,098.00 -200,630.00 Page 89 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 450,606$ 493,066$ 500,013$ 544,710$ Commodities 1,841 1,671 2,171 2,652 Purchased & Contract Services 27,790 28,146 28,146 30,646 Other Operating Costs 6,415 21,278 20,778 16,164 Capital Outlay 2,087 2,250 - 2,150 Total 488,739$ 546,411$ 551,108$ 596,322$ Planning & Zoning Commission 10,291$ 21,177$ 21,177$ 17,288$ Planning 300,334 298,600 302,546 342,794 Building Inspection 178,114 224,384 227,385 236,240 Total 488,739$ 544,161$ 551,108$ 596,322$ Planning Director 1 1 1 1 Planner II 1 1 1 1 Building Official 1 1 1 1 Planning and Building Permit Tech 0 0 0 1 Permit Technician 0 0.75 0.75 0 Total 3 3.75 3.75 4 ADMINISTRATION OF THE DEPARTMENT The Community Development Department is administered by the Planning Director, who spends approximately 60% of the position’s time in managing applications, Council agenda items, Planning and Zoning Commission agendas, and special project work. The remainder of the Planning Director’s time is spent with hands-on project review and special planning work. SUMMARY OF CHANGES FROM PREVIOUS YEAR BUDGET SUMMARY: COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT EXPENDITURES BY CATEGORY DEPARTMENT EXPENDITURES BY PROGRAM AUTHORIZED POSITIONS The Community Development Department takes the lead role in ensuring the Town’s built environment maintains and advances a livable community, one which meets the needs of the residents, businesses, and visitors. The Planning Division manages all current and long-range community planning functions. The Building Official and Planning and Permit Technician provide start-to-finish permit and inspection services for residential and commercial development. In 2022 the Planning Division will be more actively involved with housing projects, including Swift Gulch and other opportunities that arise. Addtiionally, the old fire station and recreation center study will be coordinated closely between departments with front-end facilitation by planning. The Building Division budget includes additional third party inspection funds. This is a direct result of new anticipated development in Riverfront, Highway 6, McGrady Acres, and the Village (at Avon). Page 90 BUILDING PERMITS AND INSPECTIONS Building Inspection/Plan Review: The Building Division provides all construction related services in the Town. The division is responsible for the enforcement of the building, plumbing, and mechanical codes, and Title 15 of the Avon Municipal Code. On a day to day basis this division reviews and processes permit applications, performs inspections, and coordinates with other agencies that perform specialized inspections such as Eagle River Fire Protection, Eagle County Health, NWCCOG, and State Electrical Inspectors. Code enforcement matters are handled on a complaint driven basis with a gradual increase in activity year over year. PLANNING Current Planning / Land Use Applications: Review and process applications for land use under the rules and procedures of the Avon Municipal Code. Includes pre-application, public process with PZC/Council and coordinating third party and legal reviews Long-Term Planning: The Community Development Department is responsible for the development of long range planning for the Town of Avon. Implementation of capital projects from the Town's Long Range planning documents is on-going. Administration: Review all new applications and contractor registration applications, including assisting the general public with inquiries. Finance administration for permitting and planning applications, including escrow accounts. This includes administration of the department by the Planning Director. Planning & Zoning Commission: A seven (7) person board, the Commission implements as authorized the land use code regulations and leads long-range planning. PROGRAM ACTIVITIES AND OPERATIONS: COMMUNITY DEVELOPMENT Page 91 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 220 - PLANNING AND ZONING COMMISSION 100-220-61121 PTS WAGES 12,600.00 8,911.00 -3,689.00 100-220-61302 PTS PENSION 473.00 334.00 -139.00 100-220-61509 WORKER'S COMPENSATION INSURANCE 6.00 6.00 0.00 100-220-61510 UNEMPLOYMENT INSURANCE 38.00 27.00 -11.00 100-220-62801 EMPLOYEE RECOGNITION EXPENSE 500.00 450.00 -50.00 Description Amount OUTGOING MEMBER X 3 450.00 100-220-64101 PROFESSIONAL DEVELOPMENT 3,600.00 3,600.00 0.00 Description Amount APA COLORADO 3,600.00 100-220-64104 MEETING EXPENSES 3,960.00 3,960.00 0.00 Total Program: 220 - PLANNING AND ZONING COMMISSION:21,177.00 17,288.00 -3,889.00 Page 92 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 212 - PLANNING 100-212-61101 REGULAR FULL-TIME SALARY 198,449.00 209,342.00 10,893.00 100-212-61106 PAID OUT LEAVE 2,846.00 1,898.00 -948.00 100-212-61157 SPANISH FLUENCY STIPEND 2,288.00 2,288.00 0.00 100-212-61301 FT PENSION 21,708.00 23,028.00 1,320.00 100-212-61304 EMPLOYEE ASSISTANCE PROGRAM 48.00 48.00 0.00 100-212-61401 FICA/MEDICARE 2,862.00 2,990.00 128.00 100-212-61501 GROUP HEALTH & LIFE INSURANCE 35,391.00 59,712.00 24,321.00 100-212-61505 LONG-TERM DISABILITY INSURANCE 1,125.00 1,193.00 68.00 100-212-61507 DENTAL INSURANCE 2,148.00 4,466.00 2,318.00 100-212-61509 WORKER'S COMPENSATION INSURANCE 2,937.00 3,098.00 161.00 100-212-61510 UNEMPLOYMENT INSURANCE 592.00 635.00 43.00 100-213-62801 EMPLOYEE RECOGNITION EXPENSE 100.00 50.00 -50.00 Description Amount ONE PLANNER RECOGNITION 50.00 100-212-62904 SOFTWARE 500.00 0.00 -500.00 100-212-62999 OFFICE SUPPLIES & MATERIALS 400.00 400.00 0.00 100-212-63101 LEGAL SERVICES 2,000.00 2,000.00 0.00 Description Amount LAND USE APPLICATION REVIEW 2,000.00 100-212-63199 OTHER PROFESSIONAL SERVICES 6,500.00 6,500.00 0.00 Description GIS 3RD PARTY SERVICES 3,000.00 VALLEY HOME STORE CONSULTING 1,500.00 LAND USE APPLICATION REVIEW 2,000.00 100-212-63203 PRINTING AND REPRODUCTION 750.00 750.00 0.00 100-212-63304 COMPUTER SERVICES 13,896.00 13,896.00 0.00 Description DUDE SOLUTIONS PERMITTING SOFTWARE LICENSE 13,896.00 100-212-63504 R&M-OFFICE EQUIP & COMPUTERS 1,000.00 1,000.00 0.00 100-212-63603 RENTALS-OFFICE EQUIPMENT 1,500.00 1,500.00 0.00 100-212-64101 PROFESSIONAL DEVELOPMENT 2,856.00 2,700.00 -156.00 Description APA COLORADO CONFERENCE FOR 2 1,700.00 OTHER DEVELOPMENT OPPORTUNITIES 1,000.00 100-212-64102 DUES, LICENSES & MEMBERSHIPS 850.00 850.00 0.00 Description APA/AICP YEARLY MEMBERSHIP FOR 2 850.00 100-212-64104 MEETING EXPENSES 500.00 500.00 0.00 100-212-64301 POSTAGE & DELIVERY COSTS 300.00 300.00 0.00 100-212-64901 ADVERTISING/LEGAL NOTICES 1,000.00 1,500.00 500.00 100-212-66402 COMPUTERS & PERIPHERALS 0.00 2,150.00 2,150.00 Description ACCESSORIES FOR LAPTOP 150.00 LAPTOP REPLACEMENT FOR DIRECTOR 2,000.00 Total Program: 212 - PLANNING:302,546.00 342,794.00 40,248.00 Page 93 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 213 - BUILDING INSPECTION 100-213-61101 REGULAR FULL-TIME SALARY 144,255.00 163,168.00 18,913.00 100-213-61106 PAID OUT LEAVE 1,439.00 960.00 -479.00 100-213-61301 FT PENSION 15,696.00 17,948.00 2,252.00 100-213-61304 EMPLOYEE ASSISTANCE PROGRAM 48.00 48.00 0.00 100-213-61401 FICA/MEDICARE 2,069.00 2,319.00 250.00 100-213-61501 GROUP HEALTH & LIFE INSURANCE 47,455.00 36,760.00 -10,695.00 100-213-61505 LONG-TERM DISABILITY INSURANCE 813.00 930.00 117.00 100-213-61507 DENTAL INSURANCE 2,843.00 2,466.00 -377.00 100-213-61509 WORKER'S COMPENSATION INSURANCE 1,456.00 1,645.00 189.00 100-213-61510 UNEMPLOYMENT INSURANCE 428.00 490.00 62.00 100-213-62401 GASOLINE 421.00 452.00 31.00 Description Amount BASED ON HISTORICAL PLUS 20%452.00 100-213-62801 EMPLOYEE RECOGNITION EXPENSE 100.00 100.00 0.00 Description Amount 2 EMPLOYEES RECOGNITION 100.00 100-213-62807 CONSUMABLE TOOLS/SMALL EQUIP 150.00 150.00 0.00 Description Amount CONSUMABLE TOOLS 150.00 100-213-62905 BOOKS & PERIODICALS 0.00 1,050.00 1,050.00 Description Amount COMPLETE INTERNATIONAL CODE COLLECTION 1,050.00 100-213-63199 OTHER PROFESSIONAL SERVICES 2,500.00 5,000.00 2,500.00 Description Amount 3RD PARTY INSPECTION SERVICES (ADD DEVELOPMENT)3,000.00 3RD PARTY INSPECTION SERVICES (ROUTINE)2,000.00 100-213-64101 PROFESSIONAL DEVELOPMENT 1,360.00 850.00 -510.00 Description Amount MARCH INSTITUTE 850.00 100-213-64102 DUES, LICENSES & MEMBERSHIPS 585.00 105.00 -480.00 Description Amount BUILDING OFFICIAL ICC CERTIFICATION 105.00 100-213-64206 CELLULAR & PAGING 780.00 780.00 0.00 Description Amount VERIZON WIRELESS CELLULAR 780.00 100-213-64401 FLEET MAINTENANCE 829.00 858.00 29.00 Description Amount FLEET MAINTENANCE CHARGES 858.00 100-213-64402 EQUIPMENT REPLACEMENT 3,997.00 0.00 -3,997.00 100-213-64403 WASH BAY CHARGES 161.00 161.00 0.00 Total Program: 213 - BUILDING INSPECTION:227,385.00 236,240.00 8,855.00 Page 94 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 3,065,356$ 3,169,085$ 3,225,448$ 3,429,729$ Commodities 265,162 139,620 147,620 187,178 Purchased & Contracted Services 85,022 89,203 89,203 94,203 Other Operating Costs 625,287 783,899 799,333 932,574 Capital Outlay 10,108 6,750 17,450 161,600 Total 4,050,935$ 4,188,557$ 4,279,054$ 4,805,284$ ADMINISTRATION OF THE DEPARTMENT The Police Department is lead by the Police Chief, a Deputy Chief and six (6) Sergeants. The Police Chief spends 80% in general administration with 20% contributed to the oversight of community policing programs, including time on law enforcement committees and community organizations. The Deputy Chief provides general administration approximately 95% of time, including time on law enforcement committees and community organizations with the balance spent in the field. Each of the four Patrol Sergeant's oversees three (3) police officers (when at full staffing) while the Detective Sergeant supervises a detective and major programs such as police training. There is a part time (.75) sergeant who assists with patrol firearms training, virtual simulator, SWAT training, patrol coverage, special events, employment background investigations, reserve police academy, extra duty requests and other assigned projects. SUMMARY OF CHANGES FROM PREVIOUS YEAR BUDGET SUMMARY: POLICE DEPARTMENT The Avon Police Department is a full service municipal law enforcement agency responsible for 24/7 police protection in the Town of Avon for over 40 years. Avon police employees strive to meet the Department’s Mission Statement of “We serve to better our community” and to fulfill our motto of "Count on Us!", employing community policing strategies on a day-to-day basis to ensure the safety and security of our residents and guests in Avon. DEPARTMENT EXPENDITURES BY CATEGORY The most significant changes to the 2022 budget relate to reinstating some COVID related cuts from the 2020 and 2021 budgets. The most significant are town wide merit increases for staff after no merit increases for the last two years. There is a request to purchase two new patrol vehicles to replace the holdover/retired vehicles that we have been using for two of our sergeants and to put the vehicles on a replacement schedule. The COVID/economy related budget reductions in the 2021 budget included deferring the replacement of police radios for a second year, deferring the replacement of radars for a second year, not sending two officers to Police Memorial Week in Washington D.C., deferring $6k in ballistic shields, $2.5k for a patrol bike, $1.5k in audio visual repair and $25k for overtime support to the Vail PD/ Eagle County Sheriff’s Office GRANITE drug task force. We have requested reinstatement of the majority of these cuts back into 2022 to include a modest increase in the radio and radar budgets to catch back up with the capital replacement cycle over the next four years. Additionally, we are requesting a modest increase to the training budget, comparatively to other agencies, our budget is quite low, we rely on state grants that have reduced over the last few years and also due to increased training requirements derived from Senate Bill 2020- 217. Finally, we are proposing purchasing a new less lethal handheld restraint tool called a Bola Wrap, which emits an eight- foot Kevlar tether that warps around a person’s legs or arms. This is in an ongoing effort to try and resolve use of force incidents with a minimum of injury to the subject and officers involved. Page 95 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Administration 799,612$ 844,494$ 852,169$ 961,004$ Patrol 2,941,404 3,009,938 3,089,281 3,376,721 Investigation 309,919 334,125 337,604 467,559 Total 4,050,935$ 4,188,557$ 4,279,054$ 4,805,284$ Police Chief 1 1 1 1 Deputy Police Chief 1 1 1 1 Administrative Services Officer 2 2 2 2 Administrative Asst.0.5 0.5 0.75 0.75 Sergeant 3 5 5 5 Part time Sergeant 0.5 0.5 0.5 0.75 Investigator/Detective 1 1 1 1 Patrol Officer 13 12 12 12 Intern 0 0 0 0.5 Part time Community Reponse Officer 0.3 0.3 0.6 0.6 Total 22.3 23.3 23.85 24.6 PROGRAM ACTIVITIES AND OPERATIONS: POLICE Administration: The Police Chief, Deputy Chief, Supervisory Administrative Service Officer and two (2) Administrative Services Officers are responsible for the day-to-day operations of the police department and interaction with Avon Town staff on projects such as budget and department liaisons. Administration is responsible for managing the front desk, customer service, accreditation, records management, outside government liaisons, evidence/property management, policy/procedure, training, and support for police operations. The Chief and Deputy Chief sit on many law enforcement committees and community organizations. Patrol Operations: At full staff, Patrol Operations are staffed by four (4) sergeants and twelve (12) patrol officers. One sergeant and three patrol officers are assigned to each of four squads covering 24/7/365. These squads are responsible for community policing, proactive biking, walking and vehicle patrolling and responding to emergencies and calls for service. Officers are responsible for investigation of crimes to property and persons, traffic enforcement/education, traffic crash investigations and crime prevention/community outreach. AUTHORIZED POSITIONS DEPARTMENT EXPENDITURES BY PROGRAM Investigations: The Investigations Division is staffed by one (1) Detective Sergeant and (1) Detective. The Detectives are responsible to support patrol operations, investigate major crimes, conduct employment background investigations, administer the police training program, and provide administrative support to the Town Clerk for liquor licensing, booting and local peddler license locals checks. Community Programs/Outreach: Community Policing is the core philosophy of the Avon Police Department and each member is responsible to “better our community” during every contact and every shift. Approximately 5% of Avon Police time, 2000 hours is associated with community programs, community resort policing and outreach. These Community Programs include Citizens and Latino Academies, National Night Out, Neighborhood Watch, KIs, Hoops and Cops basketball program, School Resource Officer Programs; Public Safety/Community Committees, Mental Health Committees, Bike Patrol, Task Forces, Special Olympics events and Coalitions. The Community programs and outreach involves everyone in the department from Chief, Deputy Chief, officers and administrative staff. Page 96 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 311 - POLICE ADMINISTRATION 100-311-61101 REGULAR FULL-TIME SALARY 429,337.00 494,211.00 64,874.00 100-311-61106 PAID OUT LEAVE 6,145.00 4,097.00 -2,048.00 100-311-61121 PTS WAGES 36,400.00 0.00 -36,400.00 100-311-61151 OVERTIME WAGES 6,000.00 6,365.00 365.00 100-311-61157 SPANISH FLUENCY STIPEND 1,610.00 1,602.00 -8.00 100-311-61301 FT PENSION 46,871.00 54,363.00 7,492.00 100-311-61302 PTS PENSION 1,365.00 0.00 -1,365.00 100-311-61304 EMPLOYEE ASSISTANCE PROGRAM 96.00 113.00 17.00 100-311-61401 FICA/MEDICARE 6,818.00 7,065.00 247.00 100-311-61501 GROUP HEALTH & LIFE INSURANCE 132,693.00 163,962.00 31,269.00 100-311-61505 LONG-TERM DISABILITY INSURANCE 9,762.00 9,817.00 55.00 100-311-61507 DENTAL INSURANCE 9,855.00 13,317.00 3,462.00 100-311-61509 WORKER'S COMPENSATION INSURANCE 9,436.00 10,012.00 576.00 100-311-61510 UNEMPLOYMENT INSURANCE 1,411.00 1,507.00 96.00 100-311-62401 GASOLINE 5,123.00 5,123.00 0.00 Description Amount GAS FOR ADMIN VEHICLES 5,123.00 100-311-62801 EMPLOYEE RECOGNITION EXPENSE 1,500.00 2,000.00 500.00 Description Amount EMPLOYEE INCENTIVES, COMMENDATION AWARDS, RECOGNIT 2,000.00 100-311-62802 FOOD & BEVERAGES 4,600.00 4,700.00 100.00 Description Amount FAMILY NIGHT 700.00 FOOD FOR MEETINGS, INTERVIEWS, ETC 1,900.00 NATIONAL NIGHT OUT (PAID BY DONATIONS)1,200.00 TEAM MEALS $200 x 4; $100 x 1 900.00 100-311-62805 CLOTHING & UNIFORMS 1,850.00 1,850.00 0.00 Description Amount ADMIN UNIFORMS 450.00 CHIEF & DC UNIFORMS 1,400.00 100-311-62807 CONSUMABLE TOOLS/SMALL EQUIP 775.00 775.00 0.00 Description Amount MISCELLANEOUS EQUIPMENT 775.00 100-311-62808 PROMO & MARKETING MATERIALS 3,100.00 3,100.00 0.00 Description Amount CHALLENGE COINS 1,000.00 NATIONAL NIGHT OUT 800.00 PHOTOGRAPHS 800.00 STICKER, PENS, GIVEAWAYS 500.00 100-311-62901 DUPLICATING SUPPLIES 600.00 600.00 0.00 Description Amount COPIER PAPER, TONER, MISC 600.00 100-311-62902 AUDIO & VISUAL SUPPLIES 0.00 1,000.00 1,000.00 Description Amount AUDIO/ VISUAL 1,000.00 Page 97 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-311-62904 SOFTWARE 3,415.00 9,154.00 5,739.00 Description Amount ADOBE ACROBAT FOR NEW DESKTOPS IN 2022 X 2 600.00 ARX TRAINING SOFTWARE 1,250.00 GUARDIAN IA SOFTWARE 3,500.00 POWER DMS CALEA LICENSES 3,804.00 100-311-62905 BOOKS & PERIODICALS 590.00 740.00 150.00 Description Amount CRS BOOKS 350.00 ID MANUAL 150.00 POCKET PRESS MINI LAW BOOKS 240.00 100-311-62999 OFFICE SUPPLIES & MATERIALS 2,200.00 2,200.00 0.00 Description Amount MISC SUPPLIES, PENS, NOTE PADS, MEMORY CARS, FOLDE 1,900.00 NOTARY STAMPS 300.00 100-311-63203 PRINTING & REPRODUCTION 2,000.00 2,000.00 0.00 Description Amount BUSINESS CARDS, STATIONARY, PAMPHLETS, COURT ENVEL 2,000.00 100-311-63301 MEDICAL SERVICES & EXAMS 1,200.00 2,000.00 800.00 Description Amount PSYCH EXAM & POLYGRAPHS 2,000.00 100-311-63504 R&M-OFFICE EQUIP & COMPUTERS 2,200.00 2,200.00 0.00 100-311-63552 JANITORIAL & CUSTODIAL SERVICES 5,486.00 5,486.00 0.00 100-311-63603 RENTALS-OFFICE EQUIPMENT 4,200.00 4,200.00 0.00 100-311-63999 OTHER PURCHASED & CONTRACT SERVICES 10,284.00 10,284.00 0.00 Description Amount ABANDON VEHICLES 1,000.00 CALEA ACCREDITATION FEE 4,000.00 FLOOR MAT CLEANING 2,184.00 VEHICLE TOWING 3,100.00 100-311-64101 PROFESSIONAL DEVELOPMENT 8,440.00 14,950.00 6,510.00 Description Amount CACP CONFERENCE 1,000.00 DC MEMORIAL WEEK 4,000.00 EVIDENCE CERTIFICATION 500.00 IACP CONFERENCE 4,000.00 PROFESSIONAL 2,000.00 PUBLIC SAFETY AWARDS 550.00 RECORDS CERTIFICATIONS 400.00 RMAN 1,500.00 SWAT 1,000.00 100-311-64102 DUES, LICENSES & MEMBERSHIPS 2,320.00 2,320.00 0.00 Description Amount CACP 300.00 CCRN 100.00 COLORADO CHIEFS 300.00 CONSOLIDATED COMM NETWORK OF CO 100.00 Page 98 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE EAGLE RIVER YOUTH 250.00 FBI DUES 240.00 IACP DALY & COSPER 380.00 IAPE 50.00 NTOA DALY 40.00 RMTTA DALY 10.00 ROCKY MTN ACCREDIDATION NETWORK 100.00 WHEN I WORK 450.00 100-311-64206 CELLULAR & PAGING 1,199.00 1,500.00 301.00 Description Amount CELL PHONES (2)1,500.00 100-311-64301 POSTAGE & DELIVERY COSTS 900.00 900.00 0.00 Description Amount POSTAGE AND COST OF DELIVERY OF EVIDENCE ITEMS 900.00 100-311-64399 OTHER ADMINISTRATIVE FEES 10,000.00 10,000.00 0.00 100-311-64401 FLEET MAINTENANCE 13,142.00 6,240.00 -6,902.00 Description Amount FLEET MAINTENANCE CHARGES 6,240.00 100-311-64402 EQUIPMENT REPLACEMENT 32,923.00 42,139.00 9,216.00 Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 42,139.00 100-311-64403 WASH BAY CHARGES 322.00 322.00 0.00 Description Amount 2 VEHICLES X$161.23 322.00 100-311-64905 INSURANCE PREMIUMS 34,101.00 51,340.00 17,239.00 Description Amount PROPERTY/CASUALTY COVERAGE - CIRSA 51,340.00 100-311-66402 COMPUTERS & PERIPHERALS 1,900.00 7,450.00 5,550.00 Description Amount LAPTOP REPLACEMENT (2)4,000.00 PD DESKTOP REPLACEMENT (3)3,450.00 Total Program: 311 - POLICE ADMINISTRATION:852,169.00 961,004.00 108,835.00 Page 99 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 312 - PATROL 100-312-61101 REGULAR FULL-TIME SALARY 1,240,684.00 1,217,437.00 -23,247.00 100-312-61106 PAID OUT LEAVE 16,683.00 11,124.00 -5,559.00 100-312-61121 PTS WAGES 73,160.00 120,931.00 47,771.00 100-312-61122 PTS BONUSES 900.00 900.00 0.00 100-312-61151 OVERTIME WAGES 146,500.00 190,500.00 44,000.00 100-312-61156 EXTRA DUTY PAY 25,000.00 25,000.00 0.00 100-312-61157 SPANISH FLUENCY STIPEND 4,576.00 2,280.00 -2,296.00 100-312-61159 OTHER WAGES 12,000.00 12,000.00 0.00 100-312-61301 FT PENSION 134,331.00 133,918.00 -413.00 100-312-61302 PTS PENSION 2,119.00 6,128.00 4,009.00 100-312-61304 EMPLOYEE ASSISTANCE PROGRAM 384.00 360.00 -24.00 100-312-61401 FICA/MEDICARE 21,311.00 19,553.00 -1,758.00 100-312-61501 GROUP HEALTH & LIFE INSURANCE 431,751.00 376,188.00 -55,563.00 100-312-61505 LONG-TERM DISABILITY INSURANCE 39,933.00 36,523.00 -3,410.00 100-312-61507 DENTAL INSURANCE 29,375.00 32,899.00 3,524.00 100-312-61509 WORKER'S COMPENSATION INSURANCE 43,149.00 44,012.00 863.00 100-312-61510 UNEMPLOYMENT INSURANCE 4,409.00 4,149.00 -260.00 100-312-62101 POLICE OPERATING & FIELD SUPPLIES 5,000.00 8,000.00 3,000.00 Description Amount FIELD EQUIPMENT 8,000.00 100-312-62102 FIREARMS & WEAPONS SUPPLY 40,900.00 50,900.00 10,000.00 Description Amount 17 BOLAWRAPS 20,000.00 FIREARM SUPPLIES 14,000.00 SOU FIREARM 1,000.00 TASER 7- YEAR 4 OF 5 YEAR PLAN 15,900.00 100-312-62401 GASOLINE 32,153.00 32,153.00 0.00 Description Amount GASOLINE FOR (13) PATROL VEHICLES 32,153.00 100-312-62804 TRAINING SUPPLIES 1,000.00 2,000.00 1,000.00 Description Amount DEFENSIVE TACTICS /ARREST CONTROL EQUIPMENT 2,000.00 100-312-62805 CLOTHING & UNIFORMS 17,900.00 21,800.00 3,900.00 Description Amount FLEX BADGES 2,500.00 MISC UNIFORMS 6,000.00 UNIFORM (12 OFFICERS, 1PT SGT, 4 SGT & 2 PARK 13,300.00 100-312-62806 SAFETY MATERIALS & SUPPLIES 16,225.00 29,369.00 13,144.00 Description Amount BALLISTIC VESTS ( T. BALDWIN, MACKEY, HERRERA, N 4,000.00 FLARES, CONES, SAFETY EQUIPMENT, WINTER BOOTS, HI 11,400.00 HELMETS 7,968.00 NARCAN - REPLACE IN 2023 1.00 SHIELDS 6,000.00 100-312-62807 CONSUMABLE TOOLS/SMALL EQUIP 300.00 1,300.00 1,000.00 Description Amount NARCOTICS TESTING NIK KITS, SWABS 1,300.00 Page 100 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-312-62904 SOFTWARE 995.00 1,020.00 25.00 Description Amount INPUT ACE 1,020.00 100-312-63302 LABORATORY SERVICES 988.00 988.00 0.00 Description Amount BLOOD KITS $4.94X200 988.00 100-312-63304 COMPUTER SERVICES 61,045.00 64,645.00 3,600.00 Description Amount AGENCY 360 - FTO ONLINE PROGRAM 2,197.00 AXON AIR - DRONE (YEAR 3 OF 5)900.00 AXON BWC FEES, EVIDENCE.COM & RESPOND (YEAR 1 OF 5 25,062.00 AXON IN CAR CAMERA SYSTEM (YEAR 2 OF 6)29,952.00 AXON REDACTION ASSISTANT 2,592.00 LIVESCAN FINGERPRINT SYSTEM MAINTENANCE 3,942.00 100-312-64101 PROFESSIONAL DEVELOPMENT 46,794.00 61,000.00 14,206.00 Description Amount ACADEMY 9,000.00 KRAV (POST I70)20,000.00 MISC TRAINING, BIKE PATROL, COMMUNITY POLICING, ET 32,000.00 100-312-64102 DUES, LICENSES & MEMBERSHIPS 700.00 700.00 0.00 Description Amount INT. HOMICIDE 50.00 IPMBA 60.00 MISC 60.00 NATIONAL ASSOCIATION SCHOOL RESOURCE OFFICERS 80.00 NTOA LOVINGS, STAMP, DAMMEN, JAMISON, BALDWI 200.00 ROCKY MTN INFO NETWORK 100.00 ROCKY MTN TACTICAL TEAM 150.00 100-312-64206 CELLULAR & PAGING 10,055.00 10,055.00 0.00 Description Amount CELL PHONES (ALL OFFICERS)10,055.00 100-312-64401 FLEET MAINTENANCE 72,566.00 49,826.00 -22,740.00 Description Amount FLEET MAINTENANCE CHARGES 49,826.00 100-312-64402 EQUIPMENT REPLACEMENT 103,379.00 175,916.00 72,537.00 Description Amount 20-22 EQUIPMENT REPLACEMENT CHARGES 175,916.00 100-312-64403 WASH BAY CHARGES 2,257.00 2,257.00 0.00 100-312-64904 OPERATING FEES & CHARGES 437,109.00 476,740.00 39,631.00 Description Amount 800 MHZ SYSTEM FEE 33,451.00 BDA PM 1,350.00 BOARDING PRISONERS 750.00 COMCAST $180/MTH INTERNET $60/MTH CABLE 2,880.00 CRIME STOPPERS 500.00 Page 101 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE DOG FOOD/GROOMING 2,500.00 E TICKETING E CRASH MAINT, DOR INTERFACE,5,150.00 EAGLE COUNTY ANIMAL SERVICES $1500X12 +$100 F 20,000.00 EVIDENCE ON Q 868.00 HOPE CENTER/CRISIS 19,500.00 NSWC NIGHT VISION 1,500.00 RIVER BRIDGE CHILD 5,000.00 SOTAR SEX OFFENDER 1,500.00 STARTING HEARTS $1500 DUE 2024 1.00 TRANSUNION FEE $175X12 MONTHS 2,100.00 TREETOP CHILD FORENSIC 5,000.00 VAIL DISPATCH SERVICES 374,590.00 VOIANCE SIGN LANGUANGE APP 100.00 100-312-66402 COMPUTERS & PERIPHERALS 950.00 3,450.00 2,500.00 Description Amount PD DESKTOP REPLACEMENT (3)3,450.00 100-312-66406 PUBLIC SAFETY EQUIPMENT 12,700.00 42,000.00 29,300.00 Description Amount RADARS 10,000.00 RADIOS 30,000.00 SOU EQUIPMENT 2,000.00 100-312-66501 AUTOMOBILES AND LIGHT-DUTY TRUCKS 0.00 108,700.00 108,700.00 Description Amount SGT VEHICLE 1 ($40K VEHICLE + $10,700 LIMIT)50,700.00 SGT VEHICLE 1 ($40K VEHICLE + $18K EMERGENCY EQUIP 58,000.00 Total Program: 312 - PATROL:3,089,281.00 3,376,721.00 287,440.00 Page 102 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 313 - INVESTIGATIONS 100-313-61101 REGULAR FULL-TIME SALARY 182,441.00 277,605.00 95,164.00 100-313-61106 PAID OUT LEAVE 2,709.00 1,805.00 -904.00 100-313-61151 OVERTIME WAGES 20,000.00 20,000.00 0.00 100-313-61301 FT PENSION 19,860.00 30,537.00 10,677.00 100-313-61304 EMPLOYEE ASSISTANCE PROGRAM 48.00 72.00 24.00 100-313-61401 FICA/MEDICARE 2,924.00 3,965.00 1,041.00 100-313-61501 GROUP HEALTH & LIFE INSURANCE 56,911.00 71,678.00 14,767.00 100-313-61505 LONG-TERM DISABILITY INSURANCE 5,904.00 8,328.00 2,424.00 100-313-61507 DENTAL INSURANCE 3,885.00 5,299.00 1,414.00 100-313-61509 WORKER'S COMPENSATION INSURANCE 6,097.00 9,267.00 3,170.00 100-313-61510 UNEMPLOYMENT INSURANCE 605.00 840.00 235.00 100-313-62101 POLICE OPERATING & FIELD SUPPLIES 1,500.00 1,500.00 0.00 Description Amount GLOVES, EVIDENCE BAGS, GUN BOXES 1,500.00 100-313-62401 GASOLINE 6,144.00 6,144.00 0.00 Description Amount GAS FOR INVESTIGATION VEHICLES 6,144.00 100-313-62805 CLOTHING & UNIFORMS 1,400.00 1,400.00 0.00 Description Amount DETECTIVES UNIFORMS 1,400.00 100-313-62806 SAFETY MATERIALS & SUPPLIES 200.00 200.00 0.00 Description Amount GLOVES AND PPE'S 200.00 100-313-62807 CONSUMABLE TOOLS/SMALL EQUIP 150.00 150.00 0.00 Description Amount MISC SUPPLIES 150.00 100-313-63301 MEDICAL SERVICES & EXAMS 1,800.00 2,400.00 600.00 Description Amount SEX ASSAULT MEDICAL 2,400.00 100-313-64206 CELLULAR & PAGING 531.00 1,100.00 569.00 Description Amount CELL PHONES 1,100.00 100-313-64401 FLEET MAINTENANCE 4,473.00 7,332.00 2,859.00 Description Amount FLEET MAINTENANCE CHARGES 7,332.00 100-313-64402 EQUIPMENT REPLACEMENT 17,800.00 17,615.00 -185.00 Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 17,615.00 100-313-64403 WASH BAY CHARGES 322.00 322.00 0.00 100-313-66402 COMPUTERS & PERIPHERALS 1,900.00 0.00 -1,900.00 Total Program: 313 - INVESTIGATIONS:337,604.00 467,559.00 129,955.00 Page 103 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 763,352$ 777,290$ 859,704$ 1,068,673$ Commodities 55,094 62,740 62,240 128,509 Purchased & Contract Services 192,766 177,946 177,946 423,486 Other Operating Costs 337,191 532,059 532,374 587,623 Capital Outlay 4,652 3,050 4,378 195,484 Total 1,353,055$ 1,553,085$ 1,636,642$ 2,403,775$ Engineering 266,431$ 270,215$ 341,027$ 533,120$ Buildings and Facilities 1,086,624 1,282,870 1,295,615 1,870,655 Total 1,353,055$ 1,553,085$ 1,636,642$ 2,403,775$ Town Engineer 1 1 1 1 Project Engineer 1 1 2 2 Town Electrician 1 1 1 1 Facilities Superintendent 1 1 1 1 Building Technician II 2 2 2 2 Lead Building Technician 1 1 1 1 Building Attendant 0 0 0 1 Total 7 7 8 9 BUDGET SUMMARY: ENGINEERING DEPARTMENT The Engineering Department provides and maintains public infrastructure, such as roads, drainage ways, and town facilities in a safe and sound manner. Department work includes the managing capital projects, review of construction documents, and assisting in the planning for future infrastructure. The Buildings and Facilities division operates and maintains the six major buildings, pavilion and other facilities. ADMINISTRATION OF THE DEPARTMENT The Engineering Department is administered by the Town Engineer who spends approximately 15% managing the Water Fund, 15% on the Buildings and Facilities operations, and the remaining 65% on the Capital Improvement Program. The 2 Project Engineers spend the majority of their time on managing capital projects . The Facility Superintendent, Lead Building Technician, 2 Building Technicians and Electrician maintain the Town's facilities. There are 2 programs in the Department, Engineering and Buildings & Facilities. A Project Engineer was added to the Engineering program in 2021 and all other Engineering program changes are minimal because it only covers salaries. The Building and Facility program is reducing expenses by 3% with the exception of benefits and salaries wihch are flat from 2021. The Engineering Department is not proposing staff changes in 2022. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY CATEGORY DEPARTMENT EXPENDITURES BY PROGRAM AUTHORIZED POSITIONS Page 104 Subdivision and Development Review: Assisting the Community Development Department with the review of all development applications, the Engineering Department ensures conformance with the Town’s adopted design guidelines, codes and standards. PROGRAM ACTIVITIES AND OPERATIONS: ENGINEERING ENGINEERING AND CAPITAL PLANNING Capital Improvement Program: The Engineering Department oversees the Capital Improvement Program by identifying and estimating costs for needed projects, procuring engineering and architecture firms to design identified projects, preparing the contract documents, advertising and bidding out the projects, selecting the contractor and managing the projects through construction and warranty. Buildings and Facilities: The Buildings and Facilities Division is responsible for the maintenance, repair, and electrical needs of town buildings and assets. The Division reviews what can be done in-house and what should be contracted, utilizing outside resources when the Town lacks the specialized expertise or equipment for maintenance. The Division employs one Facility Supervisor, three full-time Building Technicians and one Electrician. Salary to operational budget ratio is 29%, with the Division dividing its time between building maintenance and repair (60%), operating facilities (20%) and admin. duties (20%). BUILDINGS AND FACILITIES Page 105 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 412 - ENGINEERING 100-412-61101 REGULAR FULL-TIME SALARY 233,244.00 294,708.00 61,464.00 100-412-61106 PAID OUT LEAVE 3,566.00 2,377.00 -1,189.00 100-412-61201 AUTOMOBILE ALLOWANCE 2,340.00 2,340.00 0.00 100-412-61301 FT PENSION 25,657.00 32,418.00 6,761.00 100-412-61304 EMPLOYEE ASSISTANCE PROGRAM 40.00 64.00 24.00 100-412-61401 FICA/MEDICARE 3,416.00 4,239.00 823.00 100-412-61501 GROUP HEALTH & LIFE INSURANCE 42,147.00 53,667.00 11,520.00 100-412-61505 LONG-TERM DISABILITY INSURANCE 1,073.00 1,680.00 607.00 100-412-61507 DENTAL INSURANCE 1,650.00 3,606.00 1,956.00 100-412-61509 WORKER'S COMPENSATION INSURANCE 2,801.00 3,529.00 728.00 100-412-61510 UNEMPLOYMENT INSURANCE 572.00 884.00 312.00 100-412-62401 GASOLINE 216.00 800.00 584.00 Description Amount FUEL FOR 2 VEHICLES 800.00 100-412-62801 EMPLOYEE RECOGNITION EXPENSE 100.00 150.00 50.00 Description Amount $50 X 3 150.00 100-412-62807 CONSUMABLE TOOLS/SMALL EQUIP 250.00 250.00 0.00 Description Amount ENGINEERING TOOLS 250.00 100-412-62901 DUPLICATING SUPPLIES 1,296.00 1,296.00 0.00 Description Amount SUPPLIES FOR WIDE FORMAT COPIER 1,296.00 100-412-62904 SOFTWARE 3,739.00 13,139.00 9,400.00 Description Amount 10 GIS LICENSES 6,000.00 ADOBE ACROBAT FOR TOWN ENGINEER LAPTOP 300.00 Adobe Acrobat Pro 1,350.00 AUTOCAD LICENSE 3,739.00 GIS FIELD LICENSE 1,750.00 100-412-63199 OTHER PROFESSIONAL SERVICES 0.00 10,000.00 10,000.00 Description Amount 2022 Traffic Counts 10,000.00 100-412-63304 COMPUTER SERVICES 5,230.00 5,230.00 0.00 Description Amount HP WIDE FORMAT O&M 5,230.00 100-412-63504 R&M-OFFICE EQUIP & COMPUTERS 700.00 700.00 0.00 Description Amount XEROX PER PRINT CHARGES 700.00 100-412-63603 RENTALS-OFFICE EQUIPMENT 1,788.00 1,788.00 0.00 Description Amount XEROX BASE RENTAL FEE 1,788.00 100-412-64101 PROFESSIONAL DEVELOPMENT 1,000.00 4,000.00 3,000.00 Page 106 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount GIS TRAINING FOR STAFF 3,000.00 TRAINING 1,000.00 100-412-64102 DUES, LICENSES & MEMBERSHIPS 975.00 485.00 -490.00 Description Amount ASCE 285.00 STATE ENG LICENSE 200.00 100-412-64206 CELLULAR & PAGING 1,662.00 1,400.00 -262.00 Description Amount CELL PHONES (3)1,400.00 100-412-64401 FLEET MAINTENANCE 1,340.00 0.00 -1,340.00 100-412-64402 EQUIPMENT REPLACEMENT 3,986.00 1,809.00 -2,177.00 Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 1,809.00 100-412-64403 WASH BAY CHARGES 161.00 161.00 0.00 Description Amount 1 VEHICLE X $161.23 161.00 100-412-64901 ADVERTISING/LEGAL NOTICES 750.00 750.00 0.00 100-412-66402 COMPUTERS & PERIPHERALS 1,328.00 4,300.00 2,972.00 Description Amount ENG DESKTOP REPLACEMENT(2)2,300.00 PROJ ENG LAPTOP REPLACEMENT (1)2,000.00 100-412-66501 AUTOMOBILES AND LIGHT DUTY TRUCKS 0.00 87,350.00 87,350.00 Description Amount ELECTRIC VEHICLE - PROJECT ENGINEER 87,350.00 Total Program: 412 - ENGINEERING:341,027.00 533,120.00 192,093.00 Page 107 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 418 - BUILDINGS AND FACILITIES 100-418-61101 REGULAR FULL-TIME SALARY 352,321.00 431,762.00 79,441.00 100-418-61106 PAID OUT LEAVE 6,690.00 4,953.00 -1,737.00 100-418-61151 OVERTIME WAGES 5,000.00 5,300.00 300.00 100-418-61157 SPANISH FLUENCY STIPEND 4,576.00 4,576.00 0.00 100-418-61201 AUTOMOBILE ALLOWANCE 720.00 720.00 0.00 100-418-61301 FT PENSION 38,034.00 47,494.00 9,460.00 100-418-61304 EMPLOYEE ASSISTANCE PROGRAM 125.00 149.00 24.00 100-418-61401 FICA/MEDICARE 5,097.00 6,230.00 1,133.00 100-418-61501 GROUP HEALTH & LIFE INSURANCE 108,048.00 138,805.00 30,757.00 100-418-61505 LONG-TERM DISABILITY INSURANCE 1,971.00 2,461.00 490.00 100-418-61507 DENTAL INSURANCE 7,044.00 9,749.00 2,705.00 100-418-61509 WORKER'S COMPENSATION INSURANCE 12,518.00 15,638.00 3,120.00 100-418-61510 UNEMPLOYMENT INSURANCE 1,054.00 1,324.00 270.00 100-418-62204 CONST MAINT & PERMANENT MATERIALS 4,998.00 10,498.00 5,500.00 Description Amount EXTERIOR BUILDING MATERIAL 2,000.00 HARDWARE 1,500.00 INTERIOR BUILDING MATERIAL 3,098.00 LUMBER 2,000.00 PAINT 1,900.00 100-418-62205 PLUMBING SUPPLIES 8,700.00 10,040.00 1,340.00 Description Amount BOILER & PUMP PARTS 3,000.00 PLUMBING FITTINGS 2,200.00 SHOWER VALVES 1,840.00 VALVES 3,000.00 100-418-62207 ELECTRICAL SUPPLIES 14,500.00 19,900.00 5,400.00 Description Amount 40' POLE LED REPLACEMENT 2,400.00 FIXTURE HEADS - POST/SWIFT 2,000.00 GENERAL SUPPLIES 5,000.00 LIGHT BULB RECYCLING/TRASH 1,000.00 LIGHT BULBS 1,000.00 LIGHT POLES 5,000.00 REPLACE MISSING BASES WBCB 3,500.00 100-418-62208 MECHANICAL - HVAC 2,500.00 2,500.00 0.00 Description Amount FILTERS, BELTS, GLYCOL 2,500.00 100-418-62209 MECHANICAL - OTHER 10,000.00 14,900.00 4,900.00 Description Amount CHILLER PARTS 1,000.00 DUCT WORK 500.00 MOTORS 1,000.00 PUMPS 3,400.00 REC CENTER PUMP REPLACEMENTS 4,900.00 SENSORS 500.00 SWIM SUIT EXTRACTOR 3,600.00 100-418-62401 GASOLINE 2,196.00 3,600.00 1,404.00 Description Amount Page 108 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE FUEL FOR 5 VEHICLES 3,600.00 100-418-62402 DIESEL 1,848.00 448.00 -1,400.00 Description Amount BASED ON HISTORICAL AVERAGES 248.00 PSF GENERATOR 200.00 100-418-62801 EMPLOYEE RECOGNITION EXPENSE 250.00 300.00 50.00 Description Amount $50 X 6 300.00 100-418-62803 JANITORIAL CLEANING SUPPLIES 0.00 35,000.00 35,000.00 Description Amount JANITORIAL CLEANING SUPPLIES 35,000.00 100-418-62805 CLOTHING & UNIFORMS 996.00 1,200.00 204.00 Description Amount WORK CLOTHING 1,200.00 100-418-62806 SAFETY MATERIALS & SUPPLIES 1,080.00 1,245.00 165.00 Description Amount ELECTRICIAN SAFETY GEAR 155.00 LOCKOUT/TAGOUT KITS (2)100.00 PPE (6)240.00 SAFETY FOOTWEAR (6)750.00 100-418-62807 CONSUMABLE TOOLS/SMALL EQUIP 1,800.00 3,300.00 1,500.00 Description Amount FIBERGLASS FISH TAPE 1,300.00 SMALL EQUIPMENT 1,000.00 SMALL TOOLS 1,000.00 100-418-62809 MEDICAL & 1ST AID SUPPLY 5,796.00 7,968.00 2,172.00 Description Amount FLEET & FACILITIES 1,128.00 MUNI 960.00 PARKS 2,328.00 PD 1,164.00 REC 1,224.00 TRANSIT 1,164.00 100-418-62899 OTHER MISC OPERATING SUPPLIES 1,975.00 1,975.00 0.00 Description Amount HARDWARE (NUTS, BOLTS, ETC.)850.00 LOCKER PARTS 725.00 SECURITY HARDWARE (DOOR)400.00 100-418-63104 ENGINEERING SERVICES 3,000.00 3,000.00 0.00 Description Amount REPAIR & PROJECT CONSULTING 3,000.00 100-418-63306 SECURITY & SAFETY SERVICES 20,712.00 23,700.00 2,988.00 Description Amount Page 109 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE ANNUAL INSPECTIONS (FIRE/MONITOR)1,000.00 ANNUAL MONITORING (MUNI, REC, CABIN, PAVILLION, FL 18,000.00 FIRE EXTINGUISHER MAINTENANCE (169)1,000.00 MACHINERY REPAIR 1,700.00 PANEL/SYSTEM REPAIR 2,000.00 100-418-63501 R&M-BUILDING & FACILITY 98,000.00 134,300.00 36,300.00 Description Amount AMS FLEET A/C REPAIR 3,100.00 AMS PSF COOLING TOWER REPAIR 4,000.00 AMS REC RTU #6 REPAIR 5,000.00 BOILER REPAIRS 5,000.00 BUILDING INSPECTIONS 2,500.00 CHILLER HVAC MAINT. CONT.3,700.00 ELEVATOR MAINT. CONTRACT (4 X 1900)7,600.00 FLEET HVAC MAINT. CONT.3,100.00 HEAT RECOV. HVAC MAINT. CONT.1,300.00 HVAC REPAIRS 10,000.00 MOD. HVAC MAINT. CONT.2,400.00 PAINTING ANNEX BUILDING 8,500.00 PIPING REPAIRS 3,000.00 PSF ELEVATOR 900.00 PSF HVAC MAINT. CONT.19,000.00 REC CENTER BUILDING MAINT.15,000.00 REC CENTER HVAC MAINT. CONT.10,100.00 REC DOUBLE WATER FOUNTAIN 11,000.00 REC POOL LIGHTS LED'S 5,000.00 REPAIR CONDUIT CHAPEL PLACE 10,000.00 SECURITY LOCK SERVICES 2,000.00 TOWN HALL HVAC MAINT. CONT.2,100.00 100-418-63504 R&M-OFFICE EQUIP & COMPUTERS 850.00 850.00 0.00 Description Amount PER PAGE COPIER CHARGES 600.00 PRINTER CARTRIDGES 250.00 100-418-63549 R&M-OTHER SPECIALIZED EQUIP 3,996.00 7,996.00 4,000.00 Description Amount CARDIO EQUIPMENT REPAIRS 5,000.00 HEAT RECOVERY REPAIRS 2,996.00 100-418-63551 LAUNDRY & CLEANING SERVICES 7,500.00 11,500.00 4,000.00 Description Amount CARPET CLEANING 7,500.00 WINDOW CLEANING 4,000.00 100-418-63552 JANITORIAL SERVICES 0.00 184,622.00 184,622.00 Description Amount FT CUSTODIAN VACATION COVERAGE 2,800.00 GREEN ROOM 1,015.00 MOBILITY CENTER 12,480.00 MODULAR 9,880.00 PARK RESTROOMS 7,595.00 PARKS GARAGE & FLEET GARAGE CLEANING 840.00 POLICE DEPARTMENT 20,592.00 RECREATION CENTER 106,800.00 Page 110 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE TOWN HALL 22,620.00 100-418-63599 OTHER MAINTENANCE SERVICE 11,470.00 14,000.00 2,530.00 Description Amount BUILDING PEST CONTROL 14,000.00 100-418-63603 RENTALS-OFFICE EQUIPMENT 2,400.00 1,000.00 -1,400.00 Description Amount MODULAR SMALL SCANNER 1,000.00 100-418-63699 OTHER MISC RENTALS 2,400.00 2,400.00 0.00 Description Amount WALGREENS VMS BOARD LEASE 2,400.00 100-418-63999 OTHER PURCHASED & CONTRACT SERVICES 19,900.00 22,400.00 2,500.00 Description Amount 40-FT STREETLIGHTS 8,000.00 AED DEVICES, MAINTENANCE & WARRANTIES 5,000.00 HEAT RECOVERY CHEM TEST 1,050.00 PAINT LIGHT POLES 2,500.00 PSF HVAC CHEM TEST 450.00 REC CENTER ROOF SNOW REMOVAL 4,400.00 SIGNS 1,000.00 100-418-64101 PROFESSIONAL DEVELOPMENT 2,700.00 6,620.00 3,920.00 Description Amount BACKFLOW INSPECTION CERTIFICATION (DENVER)3,920.00 BUILDING TECH TRAINING 1,500.00 ELECTRICIAN TRANING & LICENSE 1,200.00 100-418-64102 DUES, LICENSES & MEMBERSHIPS 5,436.00 5,436.00 0.00 Description Amount SHERWOOD MEADOWS HOA DUES 5,436.00 100-418-64201 TELEPHONE 17,712.00 24,144.00 6,432.00 Description Amount ANALOG TELEPHONE FAX, FIRE, ETC 18,612.00 HEAT RECOVERY ALARM 5,532.00 100-418-64202 GASOLINE 60,204.00 60,204.00 0.00 Description Amount GAS 60,204.00 100-418-64203 ELECTRIC 248,500.00 248,500.00 0.00 Description Amount ELECTRICTY 248,500.00 100-418-64204 WATER & SANITATION 62,004.00 62,004.00 0.00 Description Amount WATER 62,004.00 100-418-64205 TRASH COLLECTION & RECYCLING 15,000.00 29,000.00 14,000.00 Page 111 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount TRASH SERVICES 29,000.00 100-418-64206 CELLULAR & PAGING 3,075.00 3,075.00 0.00 Description Amount CELL PHONES 3,075.00 100-418-64401 FLEET MAINTENANCE 6,702.00 16,735.00 10,033.00 Description Amount FLEET MAINTENANCE CHARGES 16,735.00 100-418-64402 EQUIPMENT REPLACEMENT 100,522.00 122,480.00 21,958.00 Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 122,480.00 100-418-64403 WASH BAY CHARGES 645.00 820.00 175.00 Description Amount 5 VEHICLES X $164 820.00 100-418-66402 COMPUTERS & PERIPHERALS 950.00 800.00 -150.00 Description Amount DUAL COMPUTER SCREENS AND STANDS 800.00 100-418-66499 OTHER MACHINERY & EQUIP 2,100.00 16,400.00 14,300.00 Description Amount PIPE INSPECTION CAMERA 8,000.00 WATER JETTER 8,400.00 100-418-66501 AUTOMOBILES AND LIGHT-DUTY TRUCKS 0.00 86,634.00 86,634.00 Description Amount DODGE 1500 HYBRID / FACILITIES / REPLACING 280 23,497.00 DODGE 1500 HYBRID / JANITORIAL / REPLACING 279 23,497.00 FORD INTERCEPTOR / REPLACING 322 39,640.00 Total Program: 418 - BUILDINGS AND FACILITIES:1,295,615.00 1,870,655.00 575,040.00 Page 112 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 1,451,506$ 1,763,161$ 1,625,111$ 1,724,099$ Commodities 217,909 340,597 340,597 314,041 Purchased & Contracted Services 542,166 497,866 473,276 554,262 Other Operating Costs 572,488 569,710 355,268 586,708 Capital Outlay 1,993 101,498 53,678 55,850 Total 2,786,062$ 3,272,832$ 2,847,930$ 3,234,960$ Roads and Bridges 2,283,864$ 2,633,092$ 2,388,955$ 2,615,781$ Parks 502,198 639,740 458,975 619,179 Total 2,786,062$ 3,272,832$ 2,847,930$ 3,234,960$ Public Works Director 1 1 1 1 Public Works Manager 0 0 0 1 Public Works Superintendent 1 1 1 1 Public Works Supervisor 1 2 2 2 Operator II / Master Gardener 1 1 2 2 Operator I 11 11 10 10.5 Total 15 16 16 17.5 DEPARTMENT EXPENDITURES BY PROGRAM AUTHORIZED POSITIONS BUDGET SUMMARY: PUBLIC WORKS DEPARTMENT The Public Works Department is responsible for operational management and maintenance of the Town's parks, open space, streetscape, hard and soft trails, Nottingham Lake, bridges, roads and streets, sidewalks, landscaping and storm water infrastructure. The Department is managed by the Public Works Director, with supervisory support from the Public Works Superintendent and Public Works Supervisors. The Department is managed by the Public Works Director, who reports directly to the Town Manager. The Director spends approximately 75% in general department administration, including developing work plans and work supervision. Right-of-way and snow removal permit administration and inspection of permits takes 20% of the position's time, with the balance working in the field. The Public Works Superintendent spends approximately 60% in general department administration and 40% in the field, who reports directly to the Public Works Director. The Public Works Supervisors who reports directly to the Public Works Superintendent, spend approximately 10% in general department administration and 90% managing work in the field. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY CATEGORY ADMINISTRATION OF THE DEPARTMENT There is minimal change to the Public Works budget, we are operating in 2021 with the 2020 budget numbers. In the 413 budget, the weed mitigation contract service was added back in and a Master Gardener position was added for 2021. In the 415 budget, contract services was added to maintain the new landscaping on Benchmark Road, plus some additonal monies were added to replace the fence in Nottingham Park and to replace the sand at the beach. Page 113 Parks Maintenance: Maintenance of four parks, including over 65 acres of irrigated open space, the beach area at Nottingham Park, multi-use fields, playground equipment, three tennis courts, two pickle ball courts, three basketball courts, two volleyball courts, two picnic shelters, 800+ trees, 83 trash receptacles, and 24 pet stations. Winter includes set-up and care of the outdoor ice rink at Nottingham Park. Town Center West: Maintenance of the Avon pedestrian mall, including Possibilities Plaza and Lettuce Shed Lane. ROAD AND BRIDGE General Road Maintenance: The Town has approximately 60 lane miles of streets and roads, six bridges, two railroad overpasses, eight miles of sidewalk, approximately and 17 miles of soft and hard trails. Work includes guardrail repair, utility locates, Special Event assistance, street sweeping, cinder pick-up, street striping, sign production and maintenance, banner placement, and weed control. Snow Removal Operations: Work includes snow and ice removal on all streets, roads and bridges. Ditch Maintenance: Maintenance of the Town's major storm water system, includes traffic control and cleaning of ditches and hauling of waste. PARKS PROGRAM ACTIVITIES AND OPERATIONS: PUBLIC WORKS ADMINISTRATION Administration: The Public Works Director manages all work of the department, including but not limited to development, implementation and monitoring of seasonal staff work plans for snowplowing, ice management, cinder clean-up, ditch maintenance, noxious weed program, special event assistance, and parks operations and maintenance. The work also includes management of contract work, locate requests, ROW permit program, inspections of construction sites, utility projects, budgetary planning and approval of travel, training and conferences. In addition to the Director, the Parks Superintendent contributes 75% of all hours to administration. Page 114 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 413 - ROADS AND BRIDGES 100-413-61101 REGULAR FULL-TIME SALARY 1,017,935.00 1,235,351.00 217,416.00 100-413-61106 PAID OUT LEAVE 15,697.00 11,099.00 -4,598.00 100-413-61111 FT BONUSES 4,480.00 0.00 -4,480.00 100-413-61151 OVERTIME WAGES 72,400.00 123,648.00 51,248.00 100-413-61157 SPANISH FLUENCY STIPEND 5,595.00 4,347.00 -1,248.00 100-413-61301 FT PENSION 109,831.00 135,889.00 26,058.00 100-413-61302 PTS PENSION 840.00 840.00 0.00 100-413-61304 EMPLOYEE ASSISTANCE PROGRAM 406.00 418.00 12.00 100-413-61401 FICA/MEDICARE 15,527.00 18,324.00 2,797.00 100-413-61501 GROUP HEALTH & LIFE INSURANCE 430,311.00 440,537.00 10,226.00 100-413-61505 LONG-TERM DISABILITY INSURANCE 5,691.00 7,042.00 1,351.00 100-413-61507 DENTAL INSURANCE 28,379.00 31,296.00 2,917.00 100-413-61509 WORKER'S COMPENSATION INSURANCE 53,446.00 64,862.00 11,416.00 100-413-61510 UNEMPLOYMENT INSURANCE 3,213.00 3,910.00 697.00 100-413-62201 STREET REPAIR & MAINT MATERIALS AND SUPPLIES 22,000.00 26,200.00 4,200.00 Description Amount ASPHALT/COLD PATCH 6,000.00 BRICK SEALER-CROSSWALKS 5,000.00 PRE-MARK STRIPING 6,000.00 REPLENISH GUARDRAIL MATERIAL 4,000.00 STREET PAINT 5,200.00 100-413-62202 SAND & GRAVEL 45,000.00 60,000.00 15,000.00 Description Amount CINDERS 45,000.00 SHOULDER MATERIAL 15,000.00 100-413-62203 STREET SIGN MATERIALS & SUPPLY 22,650.00 30,250.00 7,600.00 Description Amount 6X6 WOOD POSTS 2,500.00 BRACKET HARDWARE 1,000.00 CONSTRUCTION SIGNS 1,000.00 DELINEATORS, REFLECTORS 5,000.00 REPLENISH CONES/BARRELS 2,000.00 SIGN MATERIALS 8,000.00 STAINS, PAINTS, BRUSHES 750.00 STEEL POSTS 6,000.00 WOOD POSTS 4,000.00 100-413-62305 CHEMICALS 25,100.00 25,100.00 0.00 Description Amount ICE SLICER 21,000.00 NEUTRO WASH/LUBRA SEAL 4,100.00 100-413-62401 GASOLINE 6,670.00 7,100.00 430.00 Description Amount HISTORICAL AVERAGES PLUS 20%7,100.00 100-413-62402 DIESEL 34,551.00 36,350.00 1,799.00 Description Amount HISTORICAL AVERAGES PLUS 20%36,350.00 100-413-62801 EMPLOYEE RECOGNITION EXPENSE 800.00 800.00 0.00 Page 115 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount $50 X 16 800.00 100-413-62802 FOOD & BEVERAGES 1,750.00 2,500.00 750.00 Description Amount COFFEE SERVICE 1,000.00 FOOD AND BEVERAGE 1,500.00 100-413-62805 CLOTHING & UNIFORMS 3,480.00 3,480.00 0.00 Description Amount 8 BIBS 1,080.00 8 COATS 1,400.00 UNIFORMS, HATS, SHIRTS 1,000.00 100-413-62806 SAFETY MATERIALS & SUPPLIES 2,600.00 6,100.00 3,500.00 Description Amount PERSONAL PROTECTIVE EQUIPMENT 2,600.00 WORK BOOTS 3,500.00 100-413-62807 CONSUMABLE TOOLS/SMALL EQUIP 4,500.00 7,100.00 2,600.00 Description Amount AIR TOOLS 1,500.00 FLAT COMPACTION PLATE 2,600.00 HAND TOOLS 3,000.00 100-413-62899 OTHER MISC OPERATING SUPPLIES 1,000.00 2,000.00 1,000.00 Description Amount BRACKET HARDWARE 1,000.00 MISCELLANEOUS HARDWARE 1,000.00 100-413-62999 OFFICE SUPPLIES & MATERIALS 800.00 1,000.00 200.00 Description Amount OFFICE SUPPLIES 1,000.00 100-413-63502 R&M-STREETS 97,000.00 133,000.00 36,000.00 Description Amount BRICK REPAIR 60,000.00 CRACKFILL MAINTENANCE 25,000.00 GUARDRAIL REPAIR 8,000.00 INFRARED PATCHING 20,000.00 MISC. PATCHING (POTHOLES, SINKHOLES)10,000.00 PAINTING LIGHT POLES 10,000.00 100-413-63504 R&M-OFFICE EQUIP & COMPUTERS 1,200.00 1,200.00 0.00 Description Amount COPIER PRINT CHARGES 1,000.00 TONER CHARGES 200.00 100-413-63506 R&M-RADIO & COMMUNIC EQUIP 12,878.00 13,400.00 522.00 Description Amount 800 MHZ RADIO 6,400.00 800 MHZ RADIO SERVICE 6,000.00 REPAIRS 1,000.00 Page 116 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-413-63603 RENTALS-OFFICE EQUIPMENT 1,200.00 1,200.00 0.00 100-413-63608 RENTALS-MACHINERY & EQUIP 5,630.00 13,280.00 7,650.00 Description Amount ALL TRAFFIC SOLUTIONS 3,000.00 FASTENAL 2,280.00 MISC. EQUIPMENT RENTALS 1,000.00 UNCC 7,000.00 100-413-63999 OTHER PURCHASED & CONTRACT SERVICES 382,522.00 276,500.00 -106,022.00 Description Amount CONCRETE REPAIRS 40,000.00 DITCH MAINTENANCE (EMERGENCY REPAIR)15,000.00 HAULING 100,000.00 MISC PAINTING 10,000.00 SNOW REMOVAL\HAND WORKD 15,000.00 SNOW REMOVAL-AVON ELEMENTARY 5,000.00 STREET STRIPING 42,000.00 VANDALISM 4,500.00 WEED MITIGATION 45,000.00 100-413-64101 PROFESSIONAL DEVELOPMENT 13,500.00 13,500.00 0.00 Description Amount EQUIPMENT OPERATOR CERTIFICATION 8,100.00 LTAP/APWA TRAINING 1,400.00 MANAGEMENT\SUPERVISORY TRAINING 4,000.00 100-413-64102 DUES, LICENSES & MEMBERSHIPS 552.00 800.00 248.00 Description Amount APWA 500.00 CO WEED ASSOCIATION 100.00 CONSOLIDATED COMMUNICATION NETWORK OF 200.00 100-413-64201 TELEPHONE 924.00 1,440.00 516.00 Description Amount PW FAX, FIRE ALARM, LONG DISTANCE 1,440.00 100-413-64203 ELECTRIC 37,000.00 37,000.00 0.00 Description Amount STREET, PATH, CHRITMAS LIGHTS 37,000.00 100-413-64205 TRASH COLLECTION & RECYCLING 9,500.00 12,000.00 2,500.00 Description Amount TRASH, LABDFILL (INCLUDES CLEAN UP WORK)12,000.00 100-413-64206 CELLULAR & PAGING 2,920.00 3,880.00 960.00 Description Amount CELL PHONE SERVICE TO (2) VARIABLE MESSAGE BOARDS 960.00 CELL PHONES 2,920.00 100-413-64301 POSTAGE & DELIVERY COSTS 400.00 400.00 0.00 Description Amount POSTAGE 400.00 Page 117 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-413-64401 FLEET MAINTENANCE 143,141.00 196,702.00 53,561.00 Description Amount FLEET MAINTENANCE CHARGES 196,702.00 100-413-64402 EQUIPMENT REPLACEMENT 99,819.00 211,878.00 112,059.00 Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 211,878.00 100-413-64403 WASH BAY CHARGES 1,451.00 1,451.00 0.00 Description Amount 9 VEHICLES/EQUIPMENT X $161.23 1,451.00 100-413-64902 FIN DONATIONS & CONTRIBUTIONS 41,366.00 41,366.00 0.00 Description Amount WESTIN RIVERFRONT PUBLIC PLAZA 41,366.00 100-413-66499 OTHER MACHINERY & EQUIP 18,000.00 419,890.00 401,890.00 Description Amount VACTOR TRUCK 419,890.00 100-413-66501 AUTOMOBILES AND LIGHT-DUTY TRUCKS 0.00 88,599.00 88,599.00 Description Amount CHEVROLET 2500 PICKUP 45,959.00 FORD INTERCEPTOR HYBRID 42,640.00 Total Program: 413 - ROADS AND BRIDGES:2,803,655.00 3,753,029.00 949,374.00 Page 118 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 415 - PARKS 100-415-62202 SAND & GRAVEL 8,500.00 8,500.00 0.00 Description Amount ATHLETIC FIELD TOP DRESSING 5,000.00 DECORATIVE ROCK 2,000.00 SAND 1,500.00 100-415-62203 STREET SIGN MATERIALS & SUPPLY 500.00 2,000.00 1,500.00 Description Amount PARK SIGNAGE 2,000.00 100-415-62204 CONST MAINT & PERMANENT MATERIALS 14,000.00 14,000.00 0.00 Description Amount ENGINEERED WOOD FIBER FOR PLAYGROUNDS 3,500.00 HARDWARE 1,000.00 MISC LUMBER 2,500.00 MISC OTHER ITEMS 3,500.00 WEED BARRIER 3,500.00 100-415-62205 PLUMBING SUPPLIES 20,500.00 20,500.00 0.00 Description Amount CONTROLLER REPLACEMENT 3,000.00 IRRIGATION ELECTRICAL 4,000.00 MISC OTHER PLUMBING 3,000.00 NOZZLES 2,000.00 PVC (PIPE)1,000.00 ROTORS 4,000.00 VALVES 3,500.00 100-415-62206 LANDSCAPING & PLANT MATERIALS 21,997.00 21,997.00 0.00 Description Amount ANNUALS/PERENNIALS 4,000.00 GRASS SEED 1,000.00 MISC OTHER ITEMS 1,500.00 MULCH 5,997.00 RIPARIAN PLANTINGS 5,000.00 SOD 1,000.00 TOPSOIL/COMPOST 1,000.00 TREES 2,500.00 100-415-62305 CHEMICALS 9,401.00 9,401.00 0.00 Description Amount FERTILIZER 4,501.00 PESTICIDES 2,000.00 SNOW MELT 2,200.00 TAGINATOR 700.00 100-415-62401 GASOLINE 7,756.00 9,307.00 1,551.00 Description Amount BASED ON HISTORICAL AVERAGES + 20%9,307.00 100-415-62402 DIESEL 1,336.00 1,603.00 267.00 Description Amount FUEL BASED ON HISTORICAL AVERAGES + 20% per Gary 1,603.00 Page 119 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-415-62802 FOOD & BEVERAGES 1,250.00 1,250.00 0.00 Description Amount FALL MEETING 350.00 MISC MEETINGS 550.00 SPRING MEETING 350.00 100-415-62803 JANITORIAL CLEANING SUPPLIES 7,148.00 9,348.00 2,200.00 Description Amount COMPOST LINERS 400.00 DOG WASTE BAGS 2,998.00 MISC CLEANING SUPPLIES 750.00 RECYCLE LINERS 2,600.00 TRASH LINERS 2,600.00 100-415-62805 CLOTHING & UNIFORMS 8,520.00 8,520.00 0.00 Description Amount OUTER WEAR 2,055.00 WORK CLOTHES 6,465.00 100-415-62806 SAFETY MATERIALS & SUPPLIES 8,128.00 8,877.00 749.00 Description Amount GLOVES 1,070.00 PPE 2,729.00 TYPE II CLOTHING 1,078.00 WORK BOOTS 4,000.00 100-415-62807 CONSUMABLE TOOLS/SMALL EQUIP 5,904.00 5,904.00 0.00 Description Amount AERIFIER TINES 2,000.00 SMALL EQUIPMENT 1,204.00 TOOLS 2,700.00 100-415-62899 OTHER MISC OPERATING SUPPLIES 28,200.00 28,200.00 0.00 Description Amount FLAGS 3,200.00 LED HOLIDAY LIGHTS 13,000.00 MISC 4,500.00 RECREATION SUPPLIES 3,000.00 SPECIAL EVENTS MATERIALS 4,500.00 100-415-63503 R&M-PARKS & ATHLETIC FACILITIES 17,000.00 17,000.00 0.00 Description Amount COURTS R&M 2,000.00 ICE RINKS 4,000.00 LOWER FIELD R&M 2,000.00 PLAYGROUND(S) R&M 5,000.00 UPPER FIELD R&M 4,000.00 100-415-63608 RENTALS-MACHINERY & EQUIP 19,500.00 19,500.00 0.00 Description Amount COMPRESSOR RENTAL 3,500.00 LIFT RENTAL 15,000.00 OTHER 1,000.00 Page 120 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-415-63999 OTHER PURCHASED & CONTRACT SERVICES 165,554.00 240,196.00 74,642.00 Description Amount ANNUALS PLANTING & MAINTENANCE 10,000.00 ASPHALT MAINTENANCE 5,000.00 CONTRACT LANDSCAPE SERVICES 120,000.00 GIS DEVELOPMENT 9,000.00 LANDSCAPE DEBRIS DUMPSTER 2,500.00 MISC 1,000.00 NOTTINGHAM LAKE ICE MAINTENANCE 26,696.00 NOXIOUS WEED SPRAYING 15,000.00 POL SERVICES 15,000.00 RODENT CONTROL 15,000.00 SEEDING 3,000.00 STATUE MAINTENANCE 7,000.00 TREE CARE 5,000.00 TURF WEED & FEED 6,000.00 100-415-64101 PROFESSIONAL DEVELOPMENT 14,995.00 14,995.00 0.00 Description Amount CONFERENCE(S)1,470.00 LODGING 5,600.00 MEAL ALLOWANCE 1,800.00 TECHNICAL TRAINING(S)6,125.00 100-415-64102 DUES, LICENSES & MEMBERSHIPS 980.00 980.00 0.00 Description Amount LICENSES & DUES 980.00 100-415-64203 ELECTRIC 24,000.00 24,000.00 0.00 Description Amount AVON STATION, MAIL, LETTUCE SHED LN.7,200.00 ONEAL SPUR PAVILION 300.00 PAVILION, PARKS GARAGE AND PUMP HOUSE 14,000.00 PUBLIC RESTROOMS 2,500.00 100-415-64204 WATER & SANITATION 18,000.00 18,000.00 0.00 Description Amount WATER (3 YR AVERAGE)18,000.00 100-415-64205 TRASH COLLECTION & RECYCLING 7,500.00 0.00 -7,500.00 100-415-64206 CELLULAR & PAGING 1,126.00 1,126.00 0.00 Description Amount CELL PHONES 1,126.00 100-415-64301 POSTAGE & DELIVERY COSTS 10,000.00 10,000.00 0.00 Description Amount NOXIOUS WEED MITIGATION POSTCARDS 10,000.00 100-415-64401 FLEET MAINTENANCE 37,186.00 45,283.00 8,097.00 Description Amount FLEET MAINTENANCE CHARGES 45,283.00 100-415-64402 EQUIPMENT REPLACEMENT 121,542.00 152,885.00 31,343.00 Page 121 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 152,885.00 100-415-64403 WASH BAY CHARGES 806.00 806.00 0.00 Description Amount 5 vehicles x $161.23 806.00 100-415-66402 COMPUTERS & PERIPHERALS 950.00 3,450.00 2,500.00 Description Amount DESKTOP REPLACEMENT (3)3,450.00 100-415-66499 OTHER MACHINERY & EQUIP 36,900.00 46,600.00 9,700.00 Description Amount 14' OPEN TRAILER 4,000.00 ARCTIC PUSHER BLADE FOR FRONT-END LOADER 15,000.00 BACKPACK BLOWERS 800.00 RAM 1500 HYBRID 26,000.00 STRING TRIMMERS 800.00 Total Program: 415 - PARKS:619,179.00 744,228.00 125,049.00 Page 122 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 1,139,877$ 1,420,409$ 1,449,681$ 1,463,224$ Commodities 50,651 70,588 68,580 78,838 Purchased & Contracted Services 36,600 34,182 36,790 46,417 Other Operating Costs 78,866 216,981 216,381 347,939 Capital Outlay 5,893 - - 77,640 Total 1,311,887$ 1,742,160$ 1,771,432$ 2,014,058$ Administration 251,322$ 263,139$ 267,702$ 271,417$ Adult Programs 24,628 35,703 36,526 7,393 Aquatics 474,748 623,524 634,669 714,404 Fitness 38,359 125,677 123,820 225,961 Guest Services 277,099 350,061 353,468 415,006 Youth Programs 125,591 187,286 196,359 186,820 Community Swim Program 120,140 156,770 158,888 193,057 Total 1,311,887$ 1,742,160$ 1,771,432$ 2,014,058$ Implications from the COVID-19 Pandemic has challenged the Recreation Department in many ways and we will continue to adapt to new challenges in the industry and move our facility, programs and staff forward. The Recreation Department has undergone reorgnization to streamline organization practices and adapt to the needs of the community. With the reorganization, three full-time posiitons were reclassified; Recreation Specialist, Recreation Coordinator-Guest Services and Programs Supervisor. Our 2022 operational budget reflects an increase in part-time staff wages, computer services for recreation management software, professional development and general program supplies. BUDGET SUMMARY: RECREATION DEPARTMENT DEPARTMENT EXPENDITURES BY CATEGORY The Recreation Department oversees the operations and management of the 45,000 square foot Avon Recreation Center, and youth, adult and senior recreational programs, which are provided at the Recreation Center and Town parks. The Department is responsible for operational oversight and management of the beach, park and lake recreational activities. SUMMARY OF CHANGES FROM THE PREVIOUS YEAR DEPARTMENT EXPENDITURES BY PROGRAM ADMINISTRATION OF THE DEPARTMENT The Recreation Department is administered by the Recreation Director, who dedicates time to strategic leadership, personnel management, financial reporting and controls, contract negotiations, and the development and implementation of operating guidelines. The Director also oversees all program development and implementation and online brochure production and distribution. DEPARTMENT FINANCIAL SUMMARY Page 123 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Recreation Director 1 1 1 1 Recreation Superintendent- Recreation Services 1 1 1 1 Recreation Superintendent-Aquatics 1 1 1 1 Recreation Services Supervisor 0 0 1 1 Swim Program Supervisor 1 1 1 1 Aquatics Supervisor 0 0 1 1 Recreation Specialist 1 1 0 0 Recreation Coordinator-Aquatics 2 2 2 2 Recreation Coordinator-Guest Services 2 2 1 1 Recreation Coordinator-Programs 0 0 1 1 Recreation Programs Supervisor 1 1 0 0 Total 10 10 10 10 Community Swim Program: The Town of Avon Community Swim Program is a year-round comprehensive plan that includes eight levels of Learn to Swim classes for youth ages 6 months-17 years old and two levels for adults ages 18 and up. The Learn to Swim progression of skills will prepare students to be proficient in basic swimming skills. Youth swimmers wishing to go beyond the Learn to Swim progression may continue with our Recreational Swim Team, or our USA Swimming registered swim team. The Avon Narwhals Swim Club is our competitive travel team that competes at the state and regional level on a year-round swim meet schedule. The program also offers private and semi-private swim lessons for all ages, levels and abilities. AQUATICS Aquatics: This division offers aquatic programming for people of all ages and abilities including: lifeguard training classes, water safety instructor courses, kayak and scuba offerings, water aerobics classes, beginning diving classes and public safety classes. The Aquatics Division devotes 60% of personnel time to pool safeguarding activities, with 5% of time to other programs, 20% spent on administration, and 15% on maintenance of the pools. Guest Services: This Division primarily provides admission to the recreation center, pass/punch card sales, and program registration. The front desk serves as the focal point for information dissemination to customers as well as personnel. The Guest Service division also oversees ice skating and swim beach based operations. The Guest Services Division spends 65% of time with front desk operations, 25% on administrative duties and 10% on hiring and training. PROGRAM ACTIVITIES AND OPERATIONS: RECREATION GUEST SERVICES AUTHORIZED POSITIONS Page 124 RECREATION PROGRAMS Adult Programs: This department focuses on meeting the needs of adult recreation program participants ages 18-85. New and innovative programming is being developed and tested to meet the needs of our ever-changing population. The Adult Program Division spends 85% of time on development and maintenance of existing program offerings and 15% on scheduling, marketing and researching new program offerings. Youth Programs: This department focuses on offering community based child care for school aged children throughout the year. In 2022 the youth programs division plans on continuing to grow its participation numbers. The Youth Program Division spends 40% of time on Summer Camp operations, 30% on After School Program operations, 15% on Schools-Out Program operations and 10% on new program development and 5% on existing programming maintenance. Fitness: The Fitness Division provides the community with instructor-led and on-demand group exercise classes to include a balanced offering of Yoga/Pilates based classes, group cycling, aerobics based and strength/conditioning based classes, as well as personal training services, fitness assessments and orientation and body composition testing. The division offers seasonal programming and classes such as Outdoor Yoga in the Park and Winter Sports Conditioning. The Fitness Division oversees the management of the fitness floor. 90% of staffing time is applied to fitness classes and programs, with the balance of 10% on administrative responsibilities for hiring, training, scheduling and marketing. FITNESS Page 125 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 514 - RECREATION ADMINISTRATION 100-514-61101 REGULAR FULL-TIME SALARY 135,544.00 97,912.00 -37,632.00 100-514-61106 PAID OUT LEAVE 1,955.00 1,303.00 -652.00 100-514-61301 FT PENSION 14,910.00 10,770.00 -4,140.00 100-514-61304 EMPLOYEE ASSISTANCE PROGRAM 24.00 24.00 0.00 100-514-61401 FICA/MEDICARE 1,965.00 1,388.00 -577.00 100-514-61501 GROUP HEALTH & LIFE INSURANCE 33,285.00 24,805.00 -8,480.00 100-514-61505 LONG-TERM DISABILITY INSURANCE 773.00 558.00 -215.00 100-514-61507 DENTAL INSURANCE 2,464.00 1,633.00 -831.00 100-514-61509 WORKER'S COMPENSATION INSURANCE 1,774.00 1,295.00 -479.00 100-514-61510 UNEMPLOYMENT INSURANCE 407.00 294.00 -113.00 100-514-62401 GASOLINE 2,124.00 2,715.00 591.00 Description Amount BASED ON HISTORICAL PLUS 20%2,715.00 100-514-62801 EMPLOYEE RECOGNITION EXPENSE 500.00 500.00 0.00 Description Amount $50 X 10 500.00 100-514-62802 FOOD & BEVERAGES 450.00 450.00 0.00 Description Amount FOOD FOR MEETINGS AND TRAININGS 450.00 100-514-62899 OTHER MISC OPERATING SUPPLIES 2,400.00 2,400.00 0.00 Description Amount OTHER SUPPLIES 2,400.00 100-514-62999 OFFICE SUPPLIES & MATERIALS 3,100.00 3,000.00 -100.00 Description Amount COPY PAPER 1,000.00 OFFICE SUPPLIES 2,000.00 100-514-63199 OTHER PROFESSIONAL SERVICES 600.00 0.00 -600.00 100-514-63304 COMPUTER SERVICES 3,800.00 16,172.00 12,372.00 Description Amount REACH MEDIA PLAYER 269.00 REACH MEDIA PLAYER LICENSES 1,065.00 SMART REC ONE-TIME PROFESSIONAL SERVICES FEE 5,250.00 SMART REC SOFTWARE FEES 9,588.00 100-514-63504 R&M-OFFICE EQUIP & COMPUTERS 2,300.00 2,300.00 0.00 Description Amount PER PAGE PRINT CHARGES 1,800.00 TONER CARTRIDGES 500.00 100-514-63603 RENTALS-OFFICE EQUIPMENT 2,412.00 2,412.00 0.00 Description Amount COPIER LEASE 2,412.00 100-514-63999 OTHER PURCHASED & CONTRACT SERVICES 3,808.00 1,200.00 -2,608.00 Description Amount FUTURIAN SERVICE & SUPPORT 1,200.00 Page 126 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-514-64101 PROFESSIONAL DEVELOPMENT 396.00 3,695.00 3,299.00 Description Amount CEUS AND TRAININGS 1,000.00 NRPA ANNUAL CONFERENCE FEES 2,695.00 100-514-64102 DUES, LICENSES & MEMBERSHIPS 0.00 875.00 875.00 Description Amount CPRA AGENCY MEMBERSHIP 875.00 100-514-64104 MEETING EXPENSES 1,080.00 1,080.00 0.00 Description Amount HEALTH & REC COMMITTEE MEETINGS 1,080.00 100-514-64201 TELEPHONE 6,456.00 8,364.00 1,908.00 Description Amount ANALOG TELEPHONE FAX, FIRE, ETC 8,364.00 100-514-64206 CELLULAR & PAGING 3,120.00 4,017.00 897.00 Description Amount CELL PHONES (5)3,645.00 TABLET (1)372.00 100-514-64301 POSTAGE & DELIVERY COSTS 200.00 200.00 0.00 Description Amount POSTAGE 200.00 100-514-64308 SALES TAX 500.00 500.00 0.00 Description Amount SALES TAX ON RESALE ITEMS 500.00 100-514-64401 FLEET MAINTENANCE 5,906.00 7,864.00 1,958.00 Description Amount FLEET MAINTENANCE CHARGES 7,864.00 100-514-64402 EQUIPMENT REPLACEMENT 11,804.00 11,473.00 -331.00 Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 11,473.00 100-514-64403 WASH BAY CHARGES 645.00 645.00 0.00 Description Amount 4 VEHICLES X $161.23 645.00 100-514-64901 ADVERTISING/LEGAL NOTICES 7,000.00 0.00 -7,000.00 100-514-64905 INSURANCE PREMIUMS 16,000.00 20,873.00 4,873.00 Description Amount PROPERTY/CASUALTY COVERAGE- CIRSA 20,873.00 100-514-66402 COMPUTERS & PERIPHERALS 0.00 2,200.00 2,200.00 Description Amount COMPUTER MONITOR AND STAND 200.00 NEW LAPTOP - REC DIRECTOR 2,000.00 Page 127 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-514-66501 AUTOMOBILES AND LIGHT-DUTY TRUCKS 0.00 38,500.00 38,500.00 Description Amount 2022 TOYOTAL HIGHLANDER - REPLACES # 331 38,500.00 Total Program: 514 - RECREATION ADMINISTRATION:267,702.00 271,417.00 3,715.00 Page 128 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 515 - ADULT PROGRAMS 100-515-61101 REGULAR FULL-TIME SALARY 14,270.00 0.00 -14,270.00 100-515-61106 PAID OUT LEAVE 823.00 549.00 -274.00 100-515-61121 PTS WAGES 7,600.00 3,342.00 -4,258.00 100-515-61122 PTS BONUSES 900.00 900.00 0.00 100-515-61301 FT PENSION 1,570.00 0.00 -1,570.00 100-515-61302 PTS PENSION 285.00 125.00 -160.00 100-515-61304 EMPLOYEE ASSISTANCE PROGRAM 6.00 0.00 -6.00 100-515-61401 FICA/MEDICARE 330.00 48.00 -282.00 100-515-61501 GROUP HEALTH & LIFE INSURANCE 8,713.00 0.00 -8,713.00 100-515-61505 LONG-TERM DISABILITY INSURANCE 81.00 81.00 0.00 100-515-61507 DENTAL INSURANCE 537.00 0.00 -537.00 100-515-61509 WORKER'S COMPENSATION INSURANCE 297.00 238.00 -59.00 100-515-61510 UNEMPLOYMENT INSURANCE 68.00 10.00 -58.00 100-515-62301 GENERAL PROGRAM SUPPLIES 996.00 2,000.00 1,004.00 Description Amount DROP IN SPORTS EQUIPMENT 226.00 VOLLEYBALL NET SYSTEM 1,774.00 100-515-62805 CLOTHING & UNIFORMS 50.00 100.00 50.00 Description Amount CLOTHING & UNIFORMS 100.00 Total Program: 515 - ADULT PROGRAMS:36,526.00 7,393.00 -29,133.00 Page 129 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 516 - AQUATICS 100-516-61101 REGULAR FULL-TIME SALARY 208,809.00 232,124.00 23,315.00 100-516-61106 PAID OUT LEAVE 2,940.00 1,959.00 -981.00 100-516-61121 PTS WAGES 211,982.00 265,546.00 53,564.00 100-516-61122 PTS BONUSES 3,500.00 3,819.00 319.00 100-516-61151 OVERTIME WAGES 2,000.00 8,494.00 6,494.00 100-516-61157 SPANISH FLUENCY STIPEND 1,019.00 936.00 -83.00 100-516-61301 FT PENSION 22,067.00 25,534.00 3,467.00 100-516-61302 PTS PENSION 7,949.00 10,420.00 2,471.00 100-516-61304 EMPLOYEE ASSISTANCE PROGRAM 96.00 96.00 0.00 100-516-61401 FICA/MEDICARE 6,062.00 7,345.00 1,283.00 100-516-61501 GROUP HEALTH & LIFE INSURANCE 71,132.00 48,697.00 -22,435.00 100-516-61505 LONG-TERM DISABILITY INSURANCE 1,143.00 1,323.00 180.00 100-516-61507 DENTAL INSURANCE 4,264.00 3,299.00 -965.00 100-516-61509 WORKER'S COMPENSATION INSURANCE 5,708.00 6,735.00 1,027.00 100-516-61510 UNEMPLOYMENT INSURANCE 1,254.00 1,533.00 279.00 100-516-62301 GENERAL PROGRAM SUPPLIES 3,900.00 3,900.00 0.00 Description Amount BUOYS FOR LAKE 300.00 LAP SWIM EQUIPMENT 200.00 POOL FLOATS 1,000.00 TRAINING COURSE MATERIALS 1,400.00 WATER EXERCISE EQUIPMENT 1,000.00 100-516-62305 CHEMICALS 22,600.00 24,525.00 1,925.00 Description Amount CALCIUM HYPOCHLORITE 12,650.00 CO2 4,775.00 FLOCCULANT 250.00 MURIATIC ACID 2,000.00 OXIDIZER 2,600.00 REAGENTS & TEST KITS 700.00 SODA ASH 300.00 SODIUM BICARBONATE 500.00 THIOSULFATE 500.00 TILE CLEANER 250.00 100-516-62805 CLOTHING & UNIFORMS 3,400.00 3,400.00 0.00 Description Amount FEMALE GUARD SHORTS 800.00 HIP PACKS 75.00 LAKE UNIFORMS/EQUIPMENT 300.00 LIFEGUARD SHIRTS 650.00 LIFEGUARD TANKS 741.00 MALE GUARD SHORTS 784.00 SUNSCREEN 50.00 100-516-62806 SAFETY MATERIALS & SUPPLIES 1,000.00 1,650.00 650.00 Description Amount AIR HORNS 100.00 CPR MANNEQUIN LUNGS 150.00 EMERGENCY RESPONSE BAG 80.00 PERSONAL PROTECTIVE EQUIPMENT 500.00 RADIO CHARGING UNIT 650.00 RESCUE TUBES 170.00 100-516-62809 MEDICAL & 1ST AID SUPPLY 2,100.00 3,100.00 1,000.00 Page 130 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount BANDAGES, GAUZE, ETC 450.00 CPR MASKS/DEVICES 200.00 ICE PACKS 250.00 NITRILE GLOVES 2,000.00 OXYGEN SUPPLIES 200.00 100-516-62899 OTHER MISC OPERATING SUPPLIES 600.00 600.00 0.00 Description Amount POOL EQUIPMENT/TOOLS 600.00 100-516-63501 R&M-BUILDING & FACILITY 8,150.00 18,150.00 10,000.00 Description Amount BUOYS/ROPE FOR SWIM AREA 150.00 CHANNEL GRATES 250.00 CLEANING SUPPLIES 250.00 POOL AREA SIGNAGE 500.00 POOL CLOSURE SUPPLIES 500.00 POOL DECK FURNITURE 4,000.00 PULSAR CHLORINATOR REPAIR 11,000.00 SOLENOID VALVES/TIMERS 1,500.00 100-516-63549 R&M-OTHER SPECIALIZED EQUIP 13,670.00 3,890.00 -9,780.00 Description Amount POOL R&M - TIMERS, SENSORS 2,500.00 POOL VACUUM MAINTENANCE 500.00 REPLACEMENT SKIMMER BASKETS 170.00 SPA WAND 120.00 STENNER PUMPS & PARTS 600.00 100-516-64101 PROFESSIONAL DEVELOPMENT 0.00 500.00 500.00 Description Amount CERTIFIED POOL OPERATOR COURSE 300.00 CONTINUING EDUCATION COURSES 200.00 100-516-64102 DUES, LICENSES & MEMBERSHIPS 6,000.00 6,160.00 160.00 Description Amount BACKGROUND CHECKS 120.00 CPR/FIRST AID COURSE 2,000.00 DIGIQUATICS MANAGEMENT SOFTWARE 1,000.00 LIFEGUARD COURSE 1,600.00 OXYGEN ADMIN COURSE 440.00 RED CROSS ANNUAL FEES 600.00 WATER SAFETY INSTRUCTOR COURSE 400.00 100-516-64399 OTHER ADMINISTRATIVE FEES 1,390.00 1,450.00 60.00 Description Amount LAKE WATER TESTING 750.00 WATER SLIDE REGISTRATION 700.00 100-516-64402 EQUIPMENT REPLACEMENT 21,934.00 27,629.00 5,695.00 Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 27,629.00 Page 131 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-516-66402 COMPUTERS & PERIPHERALS 0.00 1,590.00 1,590.00 Description Amount COMPUTER MONITOR STAND 80.00 COMPUTER MONITORS (2)360.00 DESKTOP COMPUTER (NEW)1,150.00 Total Program: 516 - AQUATICS:634,669.00 714,404.00 79,735.00 Page 132 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 518 - FITNESS 100-518-61121 PTS WAGES 43,160.00 44,374.00 1,214.00 100-518-61302 PTS PENSION 1,619.00 1,664.00 45.00 100-518-61401 FICA/MEDICARE 626.00 643.00 17.00 100-518-61509 WORKER'S COMPENSATION INSURANCE 628.00 646.00 18.00 100-518-61510 UNEMPLOYMENT INSURANCE 129.00 133.00 4.00 100-518-62301 GENERAL PROGRAM SUPPLIES 1,743.00 1,000.00 -743.00 Description Amount GROUP EXERCISE SUPPLIES 1,000.00 100-518-62899 OTHER MISC OPERATING SUPPLIES 1,000.00 1,000.00 0.00 Description Amount FITNESS FLOOR SUPPLIES 1,000.00 100-518-64101 PROFESSIONAL DEVELOPMENT 350.00 1,320.00 970.00 Description Amount FIRST AID/CPR/AED CERTIFICATION 320.00 FITNESS INSTRUCTOR CERTIFICATION 1,000.00 100-518-64102 DUES, LICENSES & MEMBERSHIPS 0.00 2,988.00 2,988.00 Description Amount WELLBEATS SUBSCRIPTION 2,988.00 100-518-64402 EQUIPMENT REPLACEMENT 74,565.00 172,193.00 97,628.00 Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 172,193.00 Total Program: 518 - FITNESS:123,820.00 225,961.00 102,141.00 Page 133 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 519 - GUEST SERVICES 100-519-61101 REGULAR FULL-TIME SALARY 160,438.00 184,155.00 23,717.00 100-519-61106 PAID OUT LEAVE 2,288.00 1,525.00 -763.00 100-519-61121 PTS WAGES 50,234.00 110,227.00 59,993.00 100-519-61122 PTS BONUSES 900.00 2,864.00 1,964.00 100-519-61151 OVERTIME WAGES 450.00 3,397.00 2,947.00 100-519-61157 SPANISH FLUENCY STIPEND 1,019.00 0.00 -1,019.00 100-519-61301 FT PENSION 17,443.00 13,372.00 -4,071.00 100-519-61302 PTS PENSION 1,884.00 4,241.00 2,357.00 100-519-61304 EMPLOYEE ASSISTANCE PROGRAM 72.00 72.00 0.00 100-519-61401 FICA/MEDICARE 3,047.00 3,438.00 391.00 100-519-61501 GROUP HEALTH & LIFE INSURANCE 68,006.00 35,641.00 -32,365.00 100-519-61505 LONG-TERM DISABILITY INSURANCE 904.00 693.00 -211.00 100-519-61507 DENTAL INSURANCE 4,612.00 2,361.00 -2,251.00 100-519-61509 WORKER'S COMPENSATION INSURANCE 2,806.00 3,900.00 1,094.00 100-519-61510 UNEMPLOYMENT INSURANCE 630.00 892.00 262.00 100-519-62301 GENERAL PROGRAM SUPPLIES 6,749.00 10,950.00 4,201.00 Description Amount COFFEE MAKER & SUPPLIES 750.00 FISH TANK SUPPLIES 200.00 GENERAL SUPPLIES 450.00 ICE SKATES & SHARPENING 2,000.00 MEMBERSHIP PASSES 3,200.00 PARK & CABIN SUPPLIES 1,000.00 TOWELS 3,350.00 100-519-62304 MERCHANDISE FOR RESALE 4,500.00 4,900.00 400.00 Description Amount LOCKS 100.00 SWIM CAPS 100 X $9 900.00 SWIM DIAPERS 400.00 SWIM GOGGLES 2,000.00 SWIM NOSE CLIPS 100 X $2.50 250.00 SWIM SUITS 1,000.00 SWIM TOYS 250.00 100-519-62802 FOOD & BEVERAGES 350.00 350.00 0.00 Description Amount STAFF MEETING FOOD 350.00 100-519-62805 CLOTHING & UNIFORMS 450.00 650.00 200.00 Description Amount STAFF SHIRTS & NAME TAGS 650.00 100-519-64101 PROFESSIONAL DEVELOPMENT 110.00 0.00 -110.00 100-519-64206 CELLULAR & PAGING 576.00 1,728.00 1,152.00 Description Amount CELL PHONE REIMBURSEMENT - FT GUEST SERVICES STAFF 1,728.00 100-519-64307 BANK SERVICES CHARGES & CC FEES 26,000.00 26,000.00 0.00 Description Amount ACH BILLING CHARGES 72.00 CREDIT CARD FEES 25,400.00 EC MERCHANT ACCOUNT 528.00 Page 134 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 100-519-66402 COMPUTERS & PERIPHERALS 0.00 3,650.00 3,650.00 Description Amount COMPUTER MONITOR AND STAND 200.00 REC DESKTOP REPLACEMENT X 3 POS1, 2 AND 3 3,450.00 Total Program: 519 - GUEST SERVICES:353,468.00 415,006.00 61,538.00 Page 135 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 521 - YOUTH PROGRAMS 100-521-61101 REGULAR FULL-TIME SALARY 42,809.00 0.00 -42,809.00 100-521-61106 PAID OUT LEAVE 823.00 549.00 -274.00 100-521-61121 PTS WAGES 96,118.00 123,460.00 27,342.00 100-521-61122 PTS BONUSES 900.00 900.00 0.00 100-521-61151 OVERTIME WAGES 500.00 1,000.00 500.00 100-521-61301 FT PENSION 4,709.00 0.00 -4,709.00 100-521-61302 PTS PENSION 3,295.00 4,630.00 1,335.00 100-521-61304 EMPLOYEE ASSISTANCE PROGRAM 18.00 0.00 -18.00 100-521-61401 FICA/MEDICARE 1,915.00 1,790.00 -125.00 100-521-61501 GROUP HEALTH & LIFE INSURANCE 26,139.00 0.00 -26,139.00 100-521-61505 LONG-TERM DISABILITY INSURANCE 244.00 244.00 0.00 100-521-61507 DENTAL INSURANCE 1,611.00 0.00 -1,611.00 100-521-61509 WORKER'S COMPENSATION INSURANCE 1,838.00 2,198.00 360.00 100-521-61510 UNEMPLOYMENT INSURANCE 396.00 370.00 -26.00 100-521-62301 GENERAL PROGRAM SUPPLIES 4,000.00 4,000.00 0.00 Description Amount AFTER-SCHOOL SUPPLIES 1,500.00 SCHOOL'S OUT SUPPLIES 1,000.00 SUMMER CAMP SUPPLIES 1,500.00 100-521-62802 FOOD & BEVERAGES 3,200.00 3,800.00 600.00 Description Amount AFTER-SCHOOL SNACKS 1,600.00 CAMP SNACKS 1,600.00 SCHOOL'S OUT SNACKS 600.00 100-521-62805 CLOTHING & UNIFORMS 348.00 1,300.00 952.00 Description Amount STAFF SHIRTS 1,300.00 100-521-62809 MEDICAL & 1ST AID SUPPLY 200.00 200.00 0.00 Description Amount FIRST AID SUPPLIES 200.00 100-521-63103 TRAINING FACILITATORS 2,050.00 2,293.00 243.00 Description Amount EMPLOYEE FINGERPRINTS 693.00 FIRST AID/CPR/AED TRAINING 560.00 MED ADMIN TRAINING 550.00 TRAILS/CHILD ABUSE CHECK 490.00 100-521-64101 PROFESSIONAL DEVELOPMENT 110.00 0.00 -110.00 100-521-64102 DUES, LICENSES & MEMBERSHIPS 1,800.00 0.00 -1,800.00 100-521-64206 CELLULAR & PAGING 576.00 576.00 0.00 Description Amount CELL PHONE REIMBURSEMENT - SUPERVISOR 576.00 100-521-64306 PERMIT & LICENSING FEES 510.00 510.00 0.00 Description Amount INSPECTIONS 60.00 LICENSE 450.00 100-521-64399 OTHER ADMINISTRATIVE FEES 2,250.00 7,500.00 5,250.00 Page 136 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount CAMP FIELD TRIPS 7,500.00 100-521-66402 COMPUTERS & PERIPHERALS 0.00 2,000.00 2,000.00 Description Amount NEW LAPTOP - YOUTH PROGRAMS 2,000.00 100-521-66501 AUTOMOBILES AND LIGHT-DUTY TRUCKS 0.00 29,500.00 29,500.00 Description Amount CHEVROLET EXPRESS VAN - REPLACES #501 HOLDOVER 29,500.00 Total Program: 521 - YOUTH PROGRAMS:196,359.00 186,820.00 -9,539.00 Page 137 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 523 - COMMUNITY SWIM PROGRAM 100-523-61101 REGULAR FULL-TIME SALARY 59,949.00 66,787.00 6,838.00 100-523-61106 PAID OUT LEAVE 886.00 591.00 -295.00 100-523-61121 PTS WAGES 41,578.00 50,996.00 9,418.00 100-523-61151 OVERTIME WAGES 3,000.00 5,919.00 2,919.00 100-523-61301 FT PENSION 6,459.00 7,347.00 888.00 100-523-61302 PTS PENSION 1,559.00 2,134.00 575.00 100-523-61304 EMPLOYEE ASSISTANCE PROGRAM 24.00 24.00 0.00 100-523-61401 FICA/MEDICARE 1,498.00 1,778.00 280.00 100-523-61501 GROUP HEALTH & LIFE INSURANCE 11,404.00 11,959.00 555.00 100-523-61505 LONG-TERM DISABILITY INSURANCE 335.00 381.00 46.00 100-523-61507 DENTAL INSURANCE 726.00 833.00 107.00 100-523-61509 WORKER'S COMPENSATION INSURANCE 1,371.00 1,590.00 219.00 100-523-61510 UNEMPLOYMENT INSURANCE 176.00 371.00 195.00 100-523-62301 GENERAL PROGRAM SUPPLIES 1,520.00 1,616.00 96.00 Description Amount 2 FINIS TEMPO TRAINERS: $120.00 120.00 3 GRUDGE BELTS : $57.00x3= $171.00 171.00 AWARDS FOR OPEN WATER: $120.00 120.00 LANE GAINER SPORTS SWIM BELTS: 2x50=$100.00 100.00 SENIOR GIFT: 3 SWIMMERSx$50.00= $150.00 150.00 STATE TEE SHIRTS: 20x14 = 280.00 280.00 TEAM GIFT: $15.00 x 40 SWIMMERS x 1 TIME A YEAR =600.00 ZONES CAPS: 5x15.00= $75.00 75.00 100-523-62802 FOOD & BEVERAGES 300.00 300.00 0.00 Description Amount TEAM BONDING EVENTS 300.00 100-523-62805 CLOTHING & UNIFORMS 1,000.00 432.00 -568.00 Description Amount COACH UNIFORMS 192.00 RASH GUARDS/SWIM SUITS 240.00 100-523-64101 PROFESSIONAL DEVELOPMENT 0.00 2,650.00 2,650.00 Description Amount WSIT CERTIFICATION COST 500.00 WSIT TRAINING FLIGHT COST 400.00 WSIT TRAINING FOOD COST 350.00 WSIT TRAINING HOTEL COST 1,200.00 WSIT TRANSPORTATION COST 200.00 100-523-64102 DUES, LICENSES & MEMBERSHIPS 5,618.00 5,618.00 0.00 Description Amount MEET MOBILE SUBSCRIPTION DUES 50.00 TEAMUNIFY SUBSCRIPTION DUES 1,300.00 USA COACH MEMBERSHIPS 518.00 USA COACHING 101 CERT.200.00 USA COACHING 201 CERT.100.00 USA SWIMMER MEMBERSHIPS 3,000.00 USA TEAM MEMBERSHIP 450.00 100-523-64103 MILEAGE REIMBURSEMENT & TRAVEL 11,200.00 16,640.00 5,440.00 Description Amount HOTEL 12,040.00 Page 138 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE MEAL ALLOWANCE 4,600.00 100-523-64206 CELLULAR & PAGING 0.00 576.00 576.00 Description Amount PHONE: $48/MONTHX12=576 576.00 100-523-64904 OPERATING FEES & CHARGES 10,285.00 14,315.00 4,030.00 Description Amount REC SUMMER LEAGUE FEE 110.00 REC SUMMER MEET FEES 180.00 USA MEET FEES 14,000.00 WESTERN SLOPE LEAGUE FEE 25.00 100-523-66402 COMPUTERS & PERIPHERALS 0.00 200.00 200.00 Description Amount COMPUTER MONITOR AND STAND 200.00 Total Program: 523 - COMMUNITY SWIM PROGRAM:158,888.00 193,057.00 34,169.00 Page 139 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 1,016,215$ 1,098,388$ 1,131,059$ 1,210,093$ Commodities 92,702 150,095 153,095 156,784 Purchased & Contract Services 93,060 92,392 135,902 104,119 Other Operating Costs 703,354 680,890 760,556 767,817 Debt Service 41,755 41,755 41,755 41,755 Capital Outlay 23,466 2,500,000 1,061,695 3,060,147 Total 1,970,552$ 4,563,520$ 3,284,062$ 5,340,715$ Administration 271,484$ 270,058$ 309,921$ 306,032$ Operations 1,199,682 3,757,918 2,408,849 4,460,407 Wash Bay 174,406 222,169 225,250 190,531 Mobility Programs 324,980 313,375 340,042 383,748 Total 1,970,552$ 4,563,520$ 3,284,062$ 5,340,718$ Mobility will continue to support the Regional Transit Authority formation effort. Unfortunately, COVID-19 will continue to impact transit service into 2022. While bus capacity limits have been removed, protective personnel equipment is still required. The Level of Service for the Skier Express and Restaurant shuttle will return to normal operations. In addition, Mobility is looking forward to the arrival of two new, all-electric, transit buses. We will continue to partner with stakeholders for a regional ebikeshare program. CDOT will be expanding its Bustang service with a new Pegasus line. Pegasus is a weekend transit service provided by smaller vans that can use the Mountain Express Lanes. Service will be from Avon Station to Denver Union Station and their vans will be housed in the ARTF. A significant milestone was reached with the Revitalizing Main Street grant award in support of safer pedestrian mobility on US6. The design and construction of the Stonebridge Dr. Roundabout and three (3) pedestrian crossings on US6 will be underway. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY PROGRAM DEPARTMENT EXPENDITURES BY CATEGORY ADMINISTRATION OF THE DEPARTMENT The Mobility Department is administered by the Mobility Director, with the assistance of the Transit/Parking Superintendent and Transit/Parking Supervisor. DEPARTMENT FINANCIAL SUMMARY The Mobility Department is responsible for multimodal (mobility) programs, transit operations, and parking management. The Department also coordinates and collaborates with Regional Transportation and other Transit organizations. The Mobility Fund receives Town general taxes (accommodation taxes), Federal and State grant funds to support fare-free transit operations. In addition, a joint funding agreement with the Beaver Creek Resort Company fund the fare-free Skier Express and Restaurant Shuttles. BUDGET SUMMARY: MOBILITY DEPARTMENT Page 140 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Mobility Director 1 1 1 1 Transit and Parking Superintendent 1 1 1 1 Transit and Parking Supervisor 0 1 1 1 Wash Bay Operator 1 1 1 1 Transit Operator 5 5 5 5 Total 8 9 9 9 2022 Avon Transportation Proposed Routes PROGRAM ACTIVITIES AND OPERATIONS: Mobility ADMINISTRATION Administration: The Mobility Director oversees the Town of Avon's multimodal transportation programs, and parking management; including but not limited to providing day-to-day bus service routes, strategic planning, budget development and management, the establishment of performance goals and passenger feedback systems, designs and implements advertising and promotion, maintains ADA certification and compliance, transit vehicle procurement, coordination with Federal Highway Administration, Colorado Department of Transportation, I70 Coalition, and other regional transportation agencies, grant solicitation/management, and Intergovernmental Agreement/Third-Party contract execution. ROUTE OPERATIONS DEPARTMENT EXPENDITURES BY CATEGORY Route Operations: Includes service design/service implementation schedule and policy, system safety and security, fleet management, customer (guest) service protocols, employee standards, seasonal employee recruitment, training, and certification, performance metric(s), and day to day field operational supervision. Winter Service: Five (5) route operations occur during the winter months: The Blue, Red, and Night Rider routes serve the Avon core and residential areas other than Wildridge; a Skier Shuttle and an evening Restaurant Shuttle is supported with a contribution from Beaver Creek. Service Hours and costs are summarized in the table below. The Town provides an in-kind bus service for the Birds of Prey World Cup, running additional buses. The Town also contribute funds for the operations of the Riverfront Gondola. Summer Service: Three (3) route operations occur during the summer months. The seven-day per week Blue, Red, and Night Rider Routes operate from mid-April to mid-Nov. Hours and route frequency are summarized in the table below. Page 141 WASH BAY Wash Bay: Located in the Mobility Center, the wash bay accommodates large buses, smaller vehicles, and equipment. The bay also includes a service station for checking fluids and daily checklists. Charges are estimated each year based upon the operational and maintenance costs of operating the wash bay, including staff time for servicing vehicles. Page 142 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 431 - MOBILITY ADMINISTRATION 520-431-61101 REGULAR FULL-TIME SALARY 64,242.00 68,144.00 3,902.00 520-431-61106 PAID OUT LEAVE 1,853.00 1,235.00 -618.00 520-431-61301 FT PENSION 7,067.00 7,496.00 429.00 520-431-61304 EMPLOYEE ASSISTANCE PROGRAM 12.00 12.00 0.00 520-431-61401 FICA/MEDICARE 932.00 965.00 33.00 520-431-61501 GROUP HEALTH & LIFE INSURANCE 16,629.00 17,499.00 870.00 520-431-61505 LONG-TERM DISABILITY INSURANCE 366.00 388.00 22.00 520-431-61507 DENTAL INSURANCE 1,232.00 1,417.00 185.00 520-431-61509 WORKER'S COMPENSATION INSURANCE 3,139.00 3,349.00 210.00 520-431-61510 UNEMPLOYMENT INSURANCE 193.00 204.00 11.00 520-431-62208 MECHANICAL - HVAC 0.00 1,050.00 1,050.00 Description Amount FILTERS & BELTS 1,050.00 520-431-62801 EMPLOYEE RECOGNITION EXPENSE 3,750.00 3,750.00 0.00 Description Amount 25 X $50 1,250.00 PTS DRIVERS 2,500.00 520-431-62899 OTHER MISC OPERATING SUPPLIES (MOBILITY)444.00 3,500.00 3,056.00 Description Amount FACILITIES DEPT. SUPPLIES 1,000.00 LIGHTING REPAIR 2,000.00 TRANSIT OPERATING SUPPLIES 500.00 520-431-62901 DUPLICATING SUPPLIES 1,800.00 0.00 -1,800.00 520-431-62904 SOFTWARE 2,315.00 2,500.00 185.00 Description Amount CADD SOFTWARE 2,500.00 520-431-62905 BOOKS & PERIODICALS 372.00 372.00 0.00 Description Amount BOOKS AND PERIODICALS 372.00 520-431-62999 OFFICE SUPPLIES & MATERIALS 948.00 2,000.00 1,052.00 Description Amount OFFICE SUPPLIES 1,000.00 PAPER 1,000.00 520-431-63203 PRINTING & REPRODUCTION 1,500.00 500.00 -1,000.00 Description Amount PRINTING SERVICES 500.00 520-431-63306 SECURITY SERVICES 2,150.00 6,850.00 4,700.00 Description Amount ALARM & SPRINKLER 4,200.00 FIRE EXTINGUISHER MAINT.500.00 SECURITY SERVICES 2,150.00 520-431-63501 R&M-BUILDING & FACILITY 61,310.00 32,050.00 -29,260.00 Description Amount BOILER INSPECTION 2,000.00 Page 143 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE BUILDING MAINTENANCE 5,000.00 BUS BARN SAFETY MARKING 1,500.00 ELEVATOR MAINTENANCE 4,500.00 GARAGE DOOR MAINTENANCE 8,000.00 HVAC MAINTENANCE 10,550.00 HVAC WATER QUALITY TESTING 500.00 520-431-63504 R&M-OFFICE EQUIP & COMPUTERS 850.00 850.00 0.00 520-431-63599 OTHER MAINTENANCE SERVICE 0.00 950.00 950.00 Description Amount PEST CONTROL 950.00 520-431-63603 RENTALS-OFFICE EQUIPMENT 655.00 1,440.00 785.00 Description Amount COPIER RENTAL 1,440.00 520-431-63999 OTHER PURCHASED & CONTRACT SERVICES 11,200.00 2,400.00 -8,800.00 Description Amount ROCKY MNT AQUATECH 2,400.00 520-431-64101 PROFESSIONAL DEVELOPMENT 3,396.00 4,000.00 604.00 Description Amount CONFERENCES 2,000.00 TRAINING 2,000.00 520-431-64201 TELEPHONE 3,684.00 5,724.00 2,040.00 Description Amount ANALOG TELEPHONE FAX, FIRE, ETC 5,724.00 520-431-64202 GAS 22,000.00 25,775.00 3,775.00 Description Amount BASED ON HISTORICAL PLUS 20%25,775.00 520-431-64203 ELECTRIC 34,000.00 34,000.00 0.00 Description Amount ELECTRIC 34,000.00 520-431-64204 WATER & SANITATION 5,000.00 5,000.00 0.00 Description Amount WATER 5,000.00 520-431-64301 POSTAGE & DELIVERY COSTS 50.00 50.00 0.00 Description Amount POSTAGE AND DELIVERY 50.00 520-431-64303 TREASURER FEES 1,186.00 1,186.00 0.00 Description Amount TREASURER FEES 1,186.00 520-431-64905 INSURANCE PREMIUMS 15,891.00 27,971.00 12,080.00 Description Amount PROPERTY/CASUALTY COVERAGE - CIRSA 27,971.00 Page 144 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 520-431-64906 INSURANCE DEDUCTIBLES 0.00 0.00 0.00 520-431-65201 CAPITAL LEASE PAYMENTS 41,755.00 41,755.00 0.00 Description Amount CAPITAL LEASE - SOLAR PANELS 41,755.00 520-431-66402 COMPUTERS & PERIPHERALS 0.00 1,650.00 1,650.00 Description Amount ADOBE SOFTWARE 500.00 MOBILITY DESKTOP REPLACEMENT DISPATCH-22 1,150.00 Total Program: 431 - MOBILITY ADMINISTRATION:309,921.00 306,032.00 -3,889.00 Program: 432 - TRANSIT OPERATIONS 520-432-61101 REGULAR FULL-TIME SALARY 415,927.00 448,489.00 32,562.00 Description Amount Imported from PB Budget Code: 4% BOY 4%MY HLT DEN 448,489.00 520-432-61106 PAID OUT LEAVE 5,831.00 3,886.00 -1,945.00 Description Amount PTO BUY BACK 3,886.00 520-432-61121 PTS WAGES 156,635.00 212,160.00 55,525.00 520-432-61122 PTS BONUSES 9,000.00 10,608.00 1,608.00 520-432-61151 OVERTIME WAGES 6,536.00 10,608.00 4,072.00 520-432-61157 SPANISH FLUENCY STIPEND 4,576.00 4,576.00 0.00 520-432-61301 FT PENSION 43,632.00 49,334.00 5,702.00 520-432-61302 PTS PENSION 5,775.00 8,752.00 2,977.00 520-432-61304 EMPLOYEE ASSISTANCE PROGRAM 168.00 168.00 0.00 520-432-61401 FICA/MEDICARE 8,210.00 9,812.00 1,602.00 520-432-61501 GROUP HEALTH & LIFE INSURANCE 116,600.00 109,113.00 -7,487.00 520-432-61505 LONG-TERM DISABILITY INSURANCE 2,261.00 2,556.00 295.00 520-432-61507 DENTAL INSURANCE 7,170.00 7,431.00 261.00 520-432-61509 WORKER'S COMPENSATION INSURANCE 27,605.00 31,746.00 4,141.00 520-432-61510 UNEMPLOYMENT INSURANCE 1,699.00 2,059.00 360.00 520-432-62208 MECHANICAL - HVAC 1,050.00 0.00 -1,050.00 520-432-62401 GASOLINE 8,556.00 8,556.00 0.00 Description Amount BASED ON HISTORICAL AVERAGES 8,556.00 520-432-62402 DIESEL 120,056.00 120,056.00 0.00 Description Amount 2021 SKI SEASON INCREASE 20,876.00 BASED ON HISTORICAL AVERAGES 99,180.00 520-432-62802 FOOD & BEVERAGES 1,500.00 2,000.00 500.00 Description Amount FOOD AND BEVERAGES 2,000.00 520-432-62805 CLOTHING & UNIFORMS 5,304.00 3,000.00 -2,304.00 Description Amount CLOTHING AND UNIFORMS 3,000.00 520-432-62899 OTHER MISC OPERATING SUPPLIES 1,000.00 4,000.00 3,000.00 Page 145 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Description Amount OPERATING SUPPLIES 1,000.00 PPE 3,000.00 520-432-63306 SECURITY SERVICES 4,704.00 0.00 -4,704.00 520-432-63506 R&M-RADIO & COMMUNIC EQUIP 18,429.00 12,929.00 -5,500.00 Description Amount RADIOS AND COMMUNICATIONS EQUIPMENT 12,929.00 520-432-63599 OTHER MAINTENANCE SERVICES 900.00 0.00 -900.00 520-432-63999 OTHER PURCHASED & CONTRACT SERVICES 21,500.00 15,900.00 -5,600.00 Description Amount CARPET CLEANING 1,800.00 JANITORIAL SERVICES 12,000.00 TRILLIUM GTFS 2,100.00 520-432-64102 DUES, LICENSES & MEMBERSHIPS 3,000.00 3,900.00 900.00 Description Amount CERTIFICATIONS, LICENSE AND CASTA MEMBERSHIPS 3,900.00 520-432-64206 CELLULAR & PAGING 1,269.00 2,500.00 1,231.00 Description Amount CELL PHONE CONTINGENCY 160.00 CELL PHONES (3)2,340.00 520-432-64401 FLEET MAINTENANCE 329,540.00 297,514.00 -32,026.00 Description Amount FLEET MAINTENANCE CHARGES 297,514.00 520-432-64402 EQUIPMENT REPLACEMENT 13,723.00 15,259.00 1,536.00 Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 15,259.00 520-432-64403 WASH BAY CHARGES 4,998.00 4,998.00 0.00 Description Amount 4 VEHICLES X $161.23 645.00 9 BUSES X $483.69 4,353.00 520-432-66501 AUTOMOBILES AND LIGHT-DUTY TRUCKS 0.00 58,497.00 58,497.00 Description Amount MINI VAN -REPLACES #800 35,000.00 RAM 1500 HYBRID - REPLACEMENT FOR #291h 23,497.00 520-432-66503 BUSES & PEOPLE MOVING VEHICLES 1,061,695.00 3,000,000.00 1,938,305.00 Description Amount 2 EV BUSES (FTA LOW OR NO EMISSION VEHICLE PROGRAM 2,000,000.00 TWO DIESEL BUSES (CDOT FASTER GRANT)1,000,000.00 Total Program: 432 - TRANSIT OPERATIONS:2,408,849.00 4,460,407.00 2,051,558.00 Program: 436 - WASHBAY 520-436-61101 REGULAR FULL-TIME SALARY 51,241.00 54,610.00 3,369.00 520-436-61106 PAID OUT LEAVE 705.00 470.00 -235.00 520-436-61121 PTS WAGES 28,600.00 26,520.00 -2,080.00 Page 146 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 520-436-61122 PTS BONUSES 900.00 955.00 55.00 520-436-61151 OVERTIME WAGES 1,040.00 2,122.00 1,082.00 520-436-61301 FT PENSION 5,375.00 6,007.00 632.00 520-436-61302 PTS PENSION 1,073.00 1,110.00 37.00 520-436-61304 EMPLOYEE ASSISTANCE PROGRAM 24.00 24.00 0.00 520-436-61401 FICA/MEDICARE 1,151.00 1,221.00 70.00 520-436-61501 GROUP HEALTH & LIFE INSURANCE 32,952.00 198.00 -32,754.00 520-436-61505 LONG-TERM DISABILITY INSURANCE 279.00 311.00 32.00 520-436-61507 DENTAL INSURANCE 2,464.00 833.00 -1,631.00 520-436-61509 WORKER'S COMPENSATION INSURANCE 3,915.00 3,978.00 63.00 520-436-61510 UNEMPLOYMENT INSURANCE 238.00 253.00 15.00 520-436-62208 MECHANICAL - HVAC 500.00 500.00 0.00 Description Amount FILTERS & BELTS 500.00 520-436-62899 OTHER MISC OPERATING SUPPLIES 5,500.00 5,500.00 0.00 Description Amount BUS SOAP & MISC SUPPLIES (MOBILITY)1,000.00 BUS SOAP & MISC. SUPPLIES (FACILITIES)2,000.00 NOZZLES 500.00 WASHBAY SUPPLIES 1,000.00 WATER SOFTENER SALT 1,000.00 520-436-63501 R&M-BUILDING & FACILITY 1,704.00 7,250.00 5,546.00 Description Amount AMS HVAC MAINT.1,750.00 GARAGE DOOR REPAIR 5,000.00 HVAC CHEM. TEST 500.00 520-436-63549 R&M-OTHER SPECIALIZED EQUIP 4,000.00 14,000.00 10,000.00 Description Amount HIGH RISK BENCH STOCK 10,000.00 PUMP & MOTOR REPAIR 4,000.00 520-436-63999 OTHER PURCHASED & CONTRACT SERVICES 6,000.00 8,000.00 2,000.00 Description Amount AUTOAUTO WASH PM 2,000.00 SLUDGE PIT CLEANING 6,000.00 520-436-64201 TELEPHONE 1,848.00 2,400.00 552.00 Description Amount ANALOG TELEPHONE FAX, FIRE, ETC 2,400.00 520-436-64204 WATER & SANITATION 10,500.00 10,500.00 0.00 Description Amount WATER 10,500.00 520-436-64402 EQUIPMENT REPLACEMENT 65,241.00 43,769.00 -21,472.00 Description Amount 2022 EQUIPMENT REPLACEMENT CHARGES 43,769.00 Total Program: 436 - WASHBAY:225,250.00 190,531.00 -34,719.00 Program: 437 - MOBILITY PROGRAMS Page 147 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE 520-437-61101 REGULAR FULL-TIME SALARY 64,242.00 68,144.00 3,902.00 520-437-61301 FT PENSION 7,067.00 7,496.00 429.00 520-437-61304 EMPLOYEE ASSISTANCE PROGRAM 12.00 12.00 0.00 520-437-61401 FICA/MEDICARE 932.00 965.00 33.00 520-437-61501 GROUP HEALTH & LIFE INSURANCE 16,629.00 17,499.00 870.00 520-437-61505 LONG-TERM DISABILITY INSURANCE 366.00 388.00 22.00 520-437-61507 DENTAL INSURANCE 1,232.00 1,417.00 185.00 520-437-61509 WORKER'S COMPENSATION INSURANCE 3,139.00 3,349.00 210.00 520-437-61510 UNEMPLOYMENT INSURANCE 193.00 204.00 11.00 520-437-63999 OTHER PURCHASED & CONTRACT SERVICES 1,000.00 1,000.00 0.00 Description Amount SOLE POWER SPONSORSHIP 1,000.00 520-437-64203 ELECTRIC 0.00 4,000.00 4,000.00 Description Amount EV CHARGER (RECOUPED VIA ECO TRANSIT)4,000.00 520-437-64902 FIN DONATIONS & CONTRIBUTIONS 245,230.00 279,271.00 34,041.00 Description Amount EAGLE VALLEY EBIKE SHARE PROGRAM 50,000.00 GONDOLA CONTRIBUTION 211,271.00 REGIONAL TRANSIT AUTHORITY PLANNING 8,000.00 STATEWIDE TRAVEL DEMAND MODELING - AVON HOUSEHOLD 10,000.00 Total Program: 437 - MOBILITY PROGRAMS:340,042.00 383,745.00 43,703.00 Page 148 Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 Personnel Services 933,556$ 994,153$ 1,038,048$ 855,354$ Commodities 496,633 432,221 433,469 431,981 Purchased & Contract Services 61,171 52,096 85,431 57,796 Other Operating Costs 52,510 82,806 82,806 78,576 Debt Service 281,058 193,460 193,460 195,357 Capital Outlay 3,572 22,198 8,950 78,653 Total 1,828,500$ 1,776,934$ 1,842,164$ 1,697,717$ Fleet Maintenance 1,828,500$ 1,776,934$ 1,842,164$ 1,697,717$ Total 1,828,500$ 1,776,934$ 1,842,164$ 1,697,717$ Fleet Director 1 1 0 0 Administrative Assistant 0 0 0.3 0.3 Purchasing Coordinator 1 1 1 1 Fleet Maintenance Foreman 2 2 1 1 Mechanic I-II 4 4 6 6 Mechanics Helper 1 1 1 1 Total 9 9 9.3 9.3 The Fleet Maintenance Fund is an enterprise operation and is used to account for operations that are financed and operated in a manner similar to private business enterprises, where the costs of providing services to the Town's departments, other governmental third party agencies, and up to 10% private clients, can be fully recovered through user charges. Monies may also be provided to the Fleet Maintenance Fund from general taxes collected by the Town of Avon, when appropriate, to ensure a positive net income on an annual basis. The Fleet Department is the only division in the Fund and provides equipment and vehicle management and maintenance and repair services. The Fleet Department has reduced or deferred the following line items in 2022 ; Radio and Communications Equipment, Regular FT Salary, Promotional, Office Supplies, Other Specilaized Equipment, Cellular and Paging, and Misc Building Repairs BUDGET SUMMARY: FLEET MAINTENANCE DEPARTMENT DEPARTMENT EXPENDITURES BY PROGRAM AUTHORIZED POSITIONS ADMINISTRATION OF THE DEPARTMENT The Fleet Department is administered by the Fleet Director who oversees the operations of the Division, the fueling systems, statutory compliance, procurement and disposition of vehicles and equipment, policy development/compliance, monthly billing, budget development and provides the Division with leadership and managerial support. Approximately 75% of time is spent on general department administration, and the balance on mechanic training and hands-on support. SUMMARY OF CHANGES FROM PREVIOUS YEAR DEPARTMENT EXPENDITURES BY CATEGORY Page 149 Third Party Vehicles/Rolling Stock and 10% Private Clients: Third party governmental agencies are charged a competitive “fully burdened” shop rate for regular maintenance and repair. The Fleet Department targets a cost recovery of 60% - 80% from total work through the year. The department is allowed to contract with private clients up to 10% of revenues or shop hours. Provides vehicle tracking and management for some outside agencies. Assist with procurement and product specifications and consulting. Manage Town of Avon Fleet: Procure fuel efficient, low carbon emitting, cost effective vehicles and equipment that meets the needs of departments. Monitor use and sets standards for vehicles and equipment utility with life cycle cost analysis for greatest return of investment. Procures parts and fuel for Town and user agencies. Completes vehicle and equipment specifications for specialized purchasing and governmental contracts. Complies with and monitors statutory compliance for State and Federal requirements. Complete Monthly Billing: Generate invoices, spreadsheets and work orders for all fleet users using data incorporated from a fleet management cost accounting system and fuel management program. PROGRAM ACTIVITIES AND OPERATIONS: FLEET MAINTENANCE Town of Avon Vehicles and Rolling Stock: Town departments are charged a competitive “fully burdened” shop rate for regular maintenance and repair. The Fleet Department targets a billable total cost recovery of 60% - 80% from work through the year. Page 150 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE Program: 434 - FLEET MAINTENANCE OPERATIONS 610-434-61101 REGULAR FULL-TIME SALARY 641,649.00 562,224.00 -79,425.00 610-434-61106 PAID OUT LEAVE 8,390.00 5,593.00 -2,797.00 610-434-61151 OVERTIME WAGES 7,955.00 9,547.00 1,592.00 610-434-61301 FT PENSION 66,676.00 61,845.00 -4,831.00 610-434-61304 EMPLOYEE ASSISTANCE PROGRAM 216.00 223.00 7.00 610-434-61401 FICA/MEDICARE 8,789.00 8,043.00 -746.00 610-434-61501 GROUP HEALTH & LIFE INSURANCE 278,584.00 188,591.00 -89,993.00 610-434-61505 LONG-TERM DISABILITY INSURANCE 3,455.00 2,899.00 -556.00 610-434-61507 DENTAL INSURANCE 20,089.00 14,298.00 -5,791.00 610-434-61509 WORKER'S COMPENSATION INSURANCE 427.00 376.00 -51.00 610-434-61510 UNEMPLOYMENT INSURANCE 1,818.00 1,715.00 -103.00 610-434-62401 GASOLINE 2,328.00 2,452.00 124.00 Description Amount BASED ON HISTORICAL PLUS 20%2,452.00 610-434-62402 DIESEL FUEL 516.00 567.00 51.00 Description Amount BASED ON HISTORICAL AVERAGES 567.00 610-434-62404 PARTS - STOCK 388,452.00 388,452.00 0.00 Description Amount PARTS FOR THIRD PARTY VEHICLES ######### PARTS FOR TOA VEHICLES ######### 610-434-62801 EMPLOYEE RECOGNITION EXPENSE 400.00 400.00 0.00 Description Amount $50 X 8 400.00 610-434-62802 FOOD & BEVERAGES 600.00 600.00 0.00 Description Amount COFFEE FOR FLEET STAFF 435.00 FOOD FOR FLEET STAFF 165.00 610-434-62805 CLOTHING & UNIFORMS 1,325.00 1,325.00 0.00 Description Amount BOOTS $150 X 8 1,200.00 WINTER AND SUMMER GLOVES 125.00 610-434-62807 CONSUMABLE TOOLS/SMALL EQUIP 9,748.00 9,500.00 -248.00 Description Amount HAND AND MISCELLANEOUS SPECIALTY TOOLS 9,500.00 610-434-62808 PROMOTIONAL, INFORMATIONAL AND MARKETING MATERIALS 1,500.00 850.00 -650.00 Description Amount CUSTOMER APPRECIATION 750.00 HOLIDAY CARDS TO CUSTOMERS 100.00 610-434-62899 OTHER MISC OPERATING SUPPLIES 27,300.00 27,335.00 35.00 Description Amount CHEMICALS 5,400.00 FILL WELDING BOTTLE 500.00 PARKS FUEL TANK REGISTRATION 35.00 Page 151 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE REPAIR RELATED HARDWARE 5,400.00 SHOP SUPPLIES 16,000.00 610-434-62999 OFFICE SUPPLIES & MATERIALS 1,300.00 500.00 -800.00 Description Amount FLEET SPECIFIC OFFICE SUPPLIES 500.00 610-434-63304 COMPUTER SERVICES 3,122.00 3,688.00 566.00 Description Amount PUBWORKS SOFTWARE SUPPORT 3,688.00 610-434-63501 R&M-BUILDING & FACILITY 12,520.00 2,500.00 -10,020.00 Description Amount MISC BUILDING REPAIRS 2,500.00 610-434-63504 R&M-OFFICE EQUIP & COMPUTERS 500.00 500.00 0.00 Description Amount R&M OFFICE EQUIPMENT 500.00 610-434-63505 R&M-VEHICLES (SUBLET REPAIRS)32,000.00 22,000.00 -10,000.00 Description Amount R&M MACHINERY & EQUIPMENT 10,000.00 R&M VEHICLES 12,000.00 610-434-63506 R&M-RADIO & COMMUNIC EQUIP 150.00 0.00 -150.00 610-434-63549 SHOP TOOLS & EQUIPMENT REPAIRS 18,031.00 10,000.00 -8,031.00 Description Amount R&M OTHER SPECIALIZED EQUIPMENT 10,000.00 610-434-63551 LAUNDRY & CLEANING SERVICES 2,700.00 2,700.00 0.00 Description Amount LAUNDRY SERVICES 2,700.00 610-434-63599 OTHER MAINTENANCE SERVICE 6,500.00 6,500.00 0.00 Description Amount PARTS WASHER SERVICE 5,000.00 TIRE DISPOSAL FEES 500.00 WASTE OIL FILTER DISPOSAL 1,000.00 610-434-63603 RENTALS-OFFICE EQUIPUIPMENT 1,908.00 1,908.00 0.00 Description Amount COPIER LEASE 1,908.00 610-434-63999 OTHER PURCHASED & CONTRACT SERVICES 8,000.00 8,000.00 0.00 Description Amount OTHER CONTRACT SERVIECS 8,000.00 610-434-64101 PROFESSIONAL DEVELOPMENT 5,652.00 5,652.00 0.00 Description Amount AC CERTIFICATIONS 250.00 ASE CERTIFICATIONS 1,000.00 CAFM CERTIFICATIONS 1,000.00 Page 152 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE EVT CERTIFICATIONS 902.00 FIRE MECHANICS ACADEMY 2,500.00 610-434-64102 DUES, LICENSES & MEMBERSHIPS 504.00 550.00 46.00 Description Amount NAFA 550.00 610-434-64202 GAS 13,400.00 16,600.00 3,200.00 Description Amount BASED ON HISTORICAL PLUS 20%16,600.00 610-434-64203 ELECTRIC 20,500.00 20,500.00 0.00 Description Amount ELECTRIC BASED ON 3 YR AVERAGE 20,500.00 610-434-64204 WATER & SANITATION 5,000.00 5,000.00 0.00 Description Amount WATER AND SANITATION BASED ON 3 YR AVG 5,000.00 610-434-64206 CELLULAR & PAGING 1,123.00 0.00 -1,123.00 610-434-64301 POSTAGE & DELIVERY COSTS 250.00 500.00 250.00 Description Amount POSTAGE 500.00 610-434-64401 FLEET MAINTENANCE 5,000.00 3,814.00 -1,186.00 Description Amount 3 VEHICLES AND 1 FORKLIFT 3,814.00 610-434-64402 EQUIPMENT REPLACEMENT 8,428.00 15,977.00 7,549.00 Description Amount 2022 EQUIPMENJT REPLACEMENT CHARGES 15,977.00 610-434-64403 WASH BAY CHARGES 322.00 322.00 0.00 Description Amount 2 VEHICLES X $161.23 322.00 610-434-64905 INSURANCE PREMIUMS 22,627.00 9,661.00 -12,966.00 Description Amount PROPERTY/CASUALTY COVERAGE - CIRSA 9,661.00 610-434-65101 PRINCIPAL 171,000.00 175,000.00 4,000.00 Description Amount PRINCIPAL ON 2020 REFUNDING COP ######### 610-434-65102 INTEREST 22,460.00 20,357.00 -2,103.00 Description Amount INTEREST ON 2020 REFUNDING COPS 20,357.00 610-434-66402 COMPUTERS & PERIPHERALS 8,950.00 13,450.00 4,500.00 Description Amount ADDITIONAL MONITORS 400.00 Page 153 Town of Avon Line Item Detail 2021 FINAL 2022 PROPOSED INCREASE / DECREASE FLEET DESKTOPS X3 FLT-ADMIN1-22, FLT ADMIN-22, FLT 3,450.00 FLEET TOUGHBOOKS X4 9,600.00 610-434-66499 OTHER MACHINERY & EQUIP 0.00 26,703.00 26,703.00 Description Amount COMPRESSOR 26,703.00 610-434-66501 AUTOMOBILES AND LIGHT DUTY TRUCKS 0.00 38,500.00 38,500.00 Description Amount TOYOTA HIGHLANDER HYBRID (REPLACES #336)38,500.00 Total Program: 434 - FLEET MAINTENANCE OPERATIONS:1,842,164.00 1,697,717.00 -144,447.00 Page 154 (970) 390-6054 swright@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Scott Wright, Assistant Town Manager and Finance Director RE: Ordinance 21-11: Community Housing Short-term Rental Tax DATE: October 18, 2021 SUMMARY: Ordinance 21-11 - Community Housing Short-term Rental Tax was passed at first reading by Town Council on September 14. On September 28 the ordinance was presented for second reading and a public hearing was opened. Upon the Town Manager's suggestion, the public hearing and action on second reading was continued to October 26 in order for the new Town Attorney to have time to review the ordinance. Since first reading there have been revisions to the new Chapter 3.29 as originally presented. For comparison purposes a red-line version of the new Chapter 3.29 has been included in this report as Attachment B. Staff believes these revisions are non-substantive and administrative in nature. The ordinance codifies a 2% Short-term Rental Tax as a dedicated funding source for Community Housing. The Tax would be applicable to short-term rentals of less than 30 days for any property that is not assessed as commercial property. The ordinance would be effective January 1, 2022 provided that the ballot question referred to the Eagle County Clerk and Recorder by the Avon Town Council on August 24 is approved by Avon voters at the general election on November 2, 2021. BACKGROUND: The 2018 Town of Avon Community Housing Plan states a goal to secure additional local funds for housing and to seek opportunities for new funding sources. The Town of Avon does not currently have a dedicated funding source for Community Housing. The Avon Town Council took action in 2020 to allow transfers of up to 10% of the Real Estate Transfer Tax each year towards Community Housing. The Town of Avon is experiencing a shortage of community housing units. A consequence of the COVID-19 pandemic is a significant influx of urban remote workers who are able to afford higher real estate prices than local residents and Eagle County employees, which has increased real estate prices dramatically over the last 18 months. ANALYSIS: The detailed provisions included in the ordinance provide the administrative processes necessary as to the collection of the Community Housing Short-term Rental Tax. As stated above, the Tax would not apply to hotel units, accommodations or short-term rental units classified as commercial property by the Eagle County Assessor. The Tax is in addition to other taxes that pertain to the rental of short-term accommodations of less than 30 days. FINANCIAL CONSIDERATIONS: A two percent Short-Term Rental Excise Tax is estimated to generate approximately $1.5 million annually and would be used exclusively for housing initiatives including housing developments and housing programs and related activities. PROPOSED MOTION: "Move to approve Ordinance 21-11, an ordinance amending Chapter 3 of the Avon Municipal Code by the addition of a new Chapter 3.29 implementing voter approval by the Town of Avon electorate of the Community Housing Short-term Rental Tax." Thank you, Scott Page 2 of 2 ATTACHMENTS: Attachment A: Ordinance 21-11 - Community Housing Short-term Rental Excise Tax Attachment B: Red-line Version of Ordinance 21-11 Presented at First Reading ORD 21-11 Community Housing Short Term Rental Tax Page 1 of 10 ORDINANCE NO. 21-11 AMENDING CHAPTER 3 OF THE AVON MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 3.29 IMPLEMENTING VOTER APPROVAL BY THE TOWN OF AVON ELECTORATE OF THE COMMUNITY HOUSING SHORT-TERM RENTAL TAX. WHEREAS, on November 2, 2021, the electorate of the Town of Avon, Colorado approved and adopted the imposition of a two percent (2.0%) excise tax on the amount charged to any person leasing a short-term rental unit, defined as leasing any property in the Town of Avon assessed as residential by the Eagle County Assessor for a period of less than thirty days (the "Community Housing Short-Term Rental Tax"); and WHEREAS, detailed provisions to be codified in the Avon Municipal Code are now needed to provide the administrative process as to the collection of the Community Housing Short-Term Rental Tax; and WHEREAS, it is the desire of the Town Council of Avon to provide and adopt a new Chapter 29 entitled "Community Housing Short-Term Rental Tax" within Title 3 of the Avon Municipal Code. 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. Addition of Chapter 3.29 Short Term Rental Tax of the Avon Municipal Code. Chapter 3.29, “Community Housing Short-Term Rental Tax” is added to Title 3, “Revenue and Finance,” of the Avon Municipal Code to read as set forth in Exhibit A to this Ordinance, which exhibit is attached hereto and incorporated in full as an exhibit to this Ordinance. 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 ATTACHMENT A ORD 21-11 Community Housing Short Term Rental Tax Page 2 of 10 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 January 1, 2022, subject to voter approval of Town of Avon Ballot Issue 2C, which ballot issue will be considered at the November 2, 2021 coordinated election. 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. 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] ATTACHMENT A ORD 21-11 Community Housing Short Term Rental Tax Page 3 of 10 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 14, 2021 and setting such public hearing for September 28, 2021 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 __________. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney ATTACHMENT A ORD 21-11 Community Housing Short Term Rental Tax Page 4 of 10 CHAPTER 3 Community Housing Short-Term Rental Tax 3.29.010 - Purpose. With an effective date of January 1, 2022, this Chapter has been enacted to implement the vote of the Town Electorate made on November 2, 2021, to adopt and impose a two percent (2.0%) excise tax on the amount charged to any person leasing a Short-Term Rental unit in the Town of Avon, but not including hotel units, accommodations, or short-term rental units classified as commercial property by the Eagle County Assessor. The purpose of the Community Housing Short-Term Rental Tax is to fund Community Housing and Community Housing programs, and the revenue shall be collected and deposited in the Town's separate fund known as the Community Housing Fund, which shall be used exclusively to fund and finance the development and preservation of Community Housing, including the acquisition of land therefor. All provisions contained within this Chapter shall be liberally interpreted and construed in furtherance of said purpose. 3.29.020 - Definitions. The following words and phrases as used in this Chapter shall have the following meaning: Community Housing Short-Term Rental Tax means the Town of Avon excise tax approved by the Town Electorate on November 2, 2021, imposing a two percent (2.0%) excise tax on the amount charged to any person leasing a Short-Term Rental unit in the Town of Avon, but not including hotel units, accommodations, or short-term rental units classified as commercial property by the Eagle County Assessor. Consumer means any person who pays to use a Short-Term Rental unit within the Town. Director means the Director of Finance for the Town. Price paid is the total amount promised or paid in cash or other consideration in exchange for use of a Short-Term Rental Unit, including but not limited to vendor mark-up, cleaning fees, service fees, or any other charge, excluding taxes, which must be paid by the Consumer for use of the rental unit. Short-Term Rental Unit, for the purposes of this Chapter only, means any room or rooms, apartment, condominium, boardinghouse, hotel room, guesthouse, lodge, campground site, recreational vehicle space, bed and breakfast, residence or similar accommodation generally used for sleeping and made available for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days, excluding any unit classified as commercial property by the Eagle County Assessor. ATTACHMENT A ORD 21-11 Community Housing Short Term Rental Tax Page 5 of 10 Vendor means a person providing a Short-Term Rental unit to a Consumer for a price paid, including marketplace facilitators as defined in Section 3.08.010. Sec. 3.29.030 - Excise tax imposed. (a) There is hereby imposed and levied in the Town, and shall be collected and paid, a two percent (2.0%) excise tax, called the Community Housing Short-Term Rental Tax, on the price paid for use of any Short-Term Rental u nit. This tax shall be levied irrespective of the location from which the reservation for the rental use is made. (b) The vendor shall separately state the Community Housing Short-Term Rental Tax amount on an invoice, sales receipt, or any similar document provided to the consumer reflecting the price paid for use of the Short-Term Rental unit. (c) It is unlawful for any consumer not to pay, and for any vendor not to collect, the Community Housing Short-Term Rental Tax. A marketplace seller as defined in Section 3.08.010 is not liable for this collection of tax; rather, any marketplace facilitator facilitating the provision of short-term rental under this Chapter is so liable. (d) This tax shall be imposed on any rental use taxable under this Chapter for which both a bona fide reservation and any part payment, including a deposit, is made after 12:00 midnight, Mountain Standard Time, December 31, 2021, pursuant to the effective date of the enabling ordinance. Sec. 3.29.040 – License. (a) Every person who has the duty to collect the tax imposed in this Chapter must first obtain, without charge, a license to collect the tax. (b) The Town Council, upon reasonable prior and written notice to the licensee and after a hearing, may revoke or suspend the license of any person found by the Town Council to have violated any provision of this Chapter. Sec. 3.29.045 - Tax credit. Notwithstanding any other provisions of this Chapter, there shall be granted to each person owing the tax imposed in this Chapter for use of property located within The Village (at Avon) a temporary tax credit against collection of the tax equal to the amount of any public accommodations fee paid by or on behalf of such person. The amount of the credit shall not exceed the amount of the tax. No such credit shall be granted subsequent to termination of the collection of the public accommodations fee pursuant to the annexation and development agreement for The Village (at Avon). Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax, or a tax policy change. ATTACHMENT A ORD 21-11 Community Housing Short Term Rental Tax Page 6 of 10 Sec. 3.29.050 - Collection and remittance of tax; interest and penalty. (a) All vendors subject to this Chapter shall timely collect and be liable for an amount equal to two percent (2.0%) of the price paid for the Short-Term Rental unit and shall, before the twentieth day of each month, make a return to the Town for the preceding calendar month and remit said collected tax amounts to the Town. (b) All returns and remittances shall be made in such a manner and upon such forms as the Director may prescribe. The Director may extend the time for making a return and paying the taxes under such reasonable rules, regulations, or conditions as he or she may determine necessary from time to time. (c) Interest shall accrue, and be owed to the Town, on all delinquent or deficient payments of the Community Housing Short-Term Rental Tax from the date the tax is first due to the date it is fully paid at the simple rate of one and one-half percent (1.5%) per month. Interest shall be calculated for each month, or portion of a month, that a tax delinquency or deficiency remains unpaid. (d) A penalty of ten percent (10%) of a delinquent or deficient tax amount shall also be assessed from the date the tax is first due unless the delinquency or deficiency is due to fraud or an intent to evade the tax, in which case the penalty shall be fifty percent (50%) of the tax owed. Interest shall accrue on unpaid penalty amounts. No interest shall be allowed or paid on any overpayment of tax. Sec. 3.29.060 - Exemption from Community Housing Short-Term Rental Tax. (a) The following shall be exempt from the tax imposed under this Chapter: (1) Rentals made to the United States government and all departments and institutions thereof, the State of Colorado and the departments, institutions, and political subdivision thereof, and the Town of Avon; but only in the exercise of their governmental functions and only when rentals and purchases are supported by official government purchase orders or other official documentation and paid for by draft or warrant drawn on the government's account directly to the vendor. (2) Rentals made to charitable organizations duly established and recognized under state or federal law, but only to the extent any such rental or sale is transacted in the conduct of the organization's regular charitable functions and activities and is paid for directly by the organization without reimbursement therefor. (3) Rentals which the Town is prohibited from taxing under the Constitution or laws of the United States or the State of Colorado. (b) The burden of proving that any rental is exempt from the tax imposed under this Chapter shall be on the person asserting such exemption under such reasonable ATTACHMENT A ORD 21-11 Community Housing Short Term Rental Tax Page 7 of 10 requirements of proof as the Director may prescribe. Sec. 3.29.070 - Review of return; notices. (a) The Director shall examine a return as soon as practicable after it is filed, and if it appears that the correct amount of tax to be remitted is other than that shown in the return, the Director shall recompute the amount of tax owed. (b) If the amount paid exceeds that which is owed, the Director shall send a notice of overpayment to the taxpayer, who may submit a refund claim or file an amended return within thirty (30) days of the notice. No refund shall be paid if a claim or amended return is not made within 30 days. (c) If the amount paid is less than the amount due, the Director shall send a notice of deficiency and demand for payment, including interest and penalty, to the taxpayer. The additional payment shall be due within fifteen (15) days of the notice. The taxpayer may appeal a notice of deficiency and demand for payment to the Town Manager as set out at Section 3.29.120. (d) All notices required under this Chapter shall be in writing and, if sent by conventional or electronic mail to the last known address of the intended recipient, shall be sufficient upon that mailing. A designated notice period begins with the date listed on the notice. Sec. 3.29.080. Refunds; taxes paid under protest or by mistake. (a) A taxpayer claiming an exemption disputed by a vendor may pay the tax under protest. Applications for a refund of such a protested tax must be made within sixty (60) days after the sale or event for which an exemption is claimed. (b) A taxpayer claiming refund for tax paid by mistake must make that claim within three (3) years from the date of sale. (c) All claims for refund shall be upon forms prescribed by the Director. The Director shall promptly review refund claims and issue a denial in writing or provide the funds requested. The taxpayer may appeal a Director’s final decision to the Town Manager as set out at Section 3.29.120. (d) A vendor may claim a refund on behalf of a consumer if: (i) The consumer could file a claim for a refund on his or her own behalf; and (ii) The vendor establishes to the Director’s satisfaction that the vendor has paid or will pay the amount claimed to the consumer. (e) No vendor shall be compelled to file a refund claim pursuant to this Chapter. ATTACHMENT A ORD 21-11 Community Housing Short Term Rental Tax Page 8 of 10 Sec. 3.29.090 - Records and audits; investigations. (a) It shall be the obligation and duty of every taxpayer required to collect and remit the Community Housing Short-Term Rental Tax imposed under this Chapter to keep accurate and suitable records of all transactions subject to the tax, along with such other books, accounts and records as may be necessary to determine the amount of any tax liability. All records and books, inclusive of invoices or other rental or purchase receipts, shall be preserved for a period of three (3) years, and all such records, books and accounts shall be open for examination at any time by the Director. (b) For the purpose of ascertaining the correctness of a return, or for the purpose of determining the amount of tax due from any taxpayer, the Director may hold investigations and hearings concerning any matters covered by this Section, and may examine any relevant books, papers, records, or memoranda of any such person, requiring the attendance of such taxpayer, or any officer or employee of such taxpayer, or of any person having knowledge of such sales, and taking such testimony and proof as may be necessary to properly ascertain any tax liability. The Director shall have power to administer oaths to any person in the course of such investigations or hearings. Production of documents and attendance of witnesses shall be requested by the Director on his or her own motion or on motion of any party; any request for production or attendance shall inform persons that compliance is voluntary but that, if the request is not complied with, the Director may apply to the Municipal Judge for issuance of a subpoena. Sec. 3.29.110 - Tax lien. (a) The taxes imposed by Section 3.29.030 shall be a first and prior lien upon the property of any person required to collect and remit taxes under this Chapter, which lien shall take precedence over all other liens, encumbrances, or claims of whatever nature and shall immediately attach to such property without the necessity of filing any notice of lien thereof. (b) If any taxes, penalty, or interest imposed by this Chapter are not timely paid after notice of deficiency is made, the Director may take action to collect such taxes, penalty, or interest, including the filing of liens. Sec. 3.29.120 - Appeals to Town Manager. (a) Any taxpayer aggrieved by a tax decision made by the Director may appeal that decision to the Town Manager. All appeals shall be made in writing, shall set forth in plain language the basis for the appeal and the relief sought, and must be delivered to the Town Manager within twenty (20) days from the date of the decision appealed from, with a copy to the Director. The Town Manager shall notify the taxpayer in writing of the time and place fixed for a hearing on the appeal at least ten (10) days in advance thereof. (b) The hearing before the Town Manager shall be informal and no transcript, rules of evidence, or filing of briefs shall be required; but the taxpayer may elect to submit a brief, in which case the Director may submit a brief. The Town Manager shall hold such hearing ATTACHMENT A ORD 21-11 Community Housing Short Term Rental Tax Page 9 of 10 and issue a decision within ninety (90) days after receipt of the taxpayer's written notice of appeal; however, the Town Manager may extend such period if the delay in holding the hearing or issuing the decision was occasioned by the taxpayer. In such event, the Town Manager shall hold the hearing and issue the decision within one hundred eighty (180) days of the taxpayer's written notice of appeal. (c) The Town Manager may, for good and just cause, abate penalty or interest on an assessment if the taxpayer submits a written request for abatement not less than two (2) business days before payment of the penalty or interest is due. All abatement decisions must be in writing and placed in the taxpayer’s records on file with the Town. (d) A taxpayer dissatisfied with the Town Manager’s decision may seek appeal in the District Court in and for the County of Eagle as may be permitted by law. Sec. 3.29.130 - Administration of tax collections; authority of Director of Finance. Administration of provisions of this Chapter is vested in the Director of Finance, who may, with the approval of the Town Manager, prescribe forms and reasonable rules and regulations in conformity with this Chapter for the making of returns, for the ascertainment, assessment and collection of the taxes imposed hereunder, and for the proper administration and enforcement hereof, a copy of which forms, rules, and regulations shall be made available to the public. Sec. 3.29.140 - Tax information confidential. (a) Except in accordance with judicial order, or as otherwise herein provided, the Town shall not divulge any information gained from any return filed or as a result of any investigation or hearing held pursuant to the provisions of this Section. (b) Nothing contained in this subsection shall be construed to prohibit: (1) The delivery to a person, or to his or her duly authorized representative, of a copy of any return filed in connection with his or her tax; (2) The publication of statistics so classified as to prevent the identification of particular reports or returns and the items thereof; (3) The inspection by the Town Attorney, or any other legal representative of the Town, of the return or other information relating to any taxpayer who may become involved in litigation with the Town in which the said information may become material; (4) Disclosure of information to an auditor or any other outside agent hired by the Town for the purpose of auditing or establishing tax liabilities. (c) Reports and returns shall be preserved for three years, and thereafter until the Director, with the approval of the Town Manager, shall order them destroyed. Sec. 3.29.150 – Limitation of actions. ATTACHMENT A ORD 21-11 Community Housing Short Term Rental Tax Page 10 of 10 No taxes imposed by this Chapter, nor interest or penalties, shall be assessed, nor shall any notice of lien be filed, distraint warrant issued, or suit for collection instituted, nor any other action to collect the same be commenced more than three (3) years after the date on which the tax was or is payable; nor shall any lien continue after such period, except for taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period, in which case such lien shall continue only for one (1) year after the filing of notice thereof. Before the expiration of such period of limitation, the taxpayer and the Town may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing. In the case of a false or fraudulent return made with intent to evade a tax, or where no return was filed for the same purpose, the tax, together with interest and penalties thereon, may be assessed, and proceedings for the collection of such taxes may be begun, at any time. Sec. 3.29.160 - Revenue dedication; Community Housing Fund. Money deposited into the Community Housing Fund as a result of this Community Housing Short-Term Rental Tax, shall, subject to duly adopted appropriation made by the Town Council from year-to-year, be expended exclusively to fund community housing, including without limitation the acquisition of land for housing, construction of housing, extension of public infrastructure to serve community housing development, purchase of deed restrictions, down payment assistance programs, partnerships with public and private entities to develop community housing and related costs for administration, design, legal, and consulting. Sec. 3.29.170 - Violation—penalty. Any person violating any of the provisions of this Chapter shall be subject to the penalties contained in Chapter 1.08 of this Code. ATTACHMENT A ORD 21-11 Community Housing Short Term Rental Tax Page 1 of 10 ORDINANCE NO. 21-11 AMENDING CHAPTER 3 OF THE AVON MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 3.29 IMPLEMENTING VOTER APPROVAL BY THE TOWN OF AVON ELECTORATE OF THE COMMUNITY HOUSING SHORT-TERM RENTAL TAX. WHEREAS, on November 2, 2021, the electorate of the Town of Avon, Colorado approved and adopted the imposition of a two percent (2.0%) excise tax on the amount charged to any person leasing a short-term rental unit, defined as leasing any property in the Town of Avon assessed as residential by the Eagle County Assessor for a period of less than thirty days (the "Community Housing Short-Term Rental Tax"); and WHEREAS, detailed provisions to be codified in the Avon Municipal Code are now needed to provide the administrative process as to the collection of the Community Housing Short-Term Rental Tax; and WHEREAS, it is the desire of the Town Council of Avon to provide and adopt a new Chapter 29 entitled "Community Housing Short-Term Rental Tax" within Title 3 of the Avon Municipal Code. 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. Addition of Chapter 3.29 Short Term Rental Tax of the Avon Municipal Code. Chapter 3.29, “Community Housing Short-Term Rental Tax” is added to Title 3, “Revenue and Finance,” of the Avon Municipal Code to read as set forth in Exhibit A to this Ordinance, which exhibit is attached hereto and incorporated in full as an exhibit to this Ordinance. 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 ATTACHMENT B ORD 21-11 Community Housing Short Term Rental Tax Page 2 of 10 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 January 1, 2022, subject to voter approval of Town of Avon Ballot Issue 2C, which ballot issue will be considered at the November 2, 2021 coordinated election. 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. 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] ATTACHMENT B ORD 21-11 Community Housing Short Term Rental Tax Page 3 of 10 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 14, 2021 and setting such public hearing for September 28, 2021 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 __________. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney ATTACHMENT B ORD 21-11 Community Housing Short Term Rental Tax Page 4 of 10 CHAPTER 3 Community Housing Short-Term Rental Tax 3.29.010 - Purpose. With an effective date of January 1, 2022, this Chapter has been enacted to implement the vote of the Town Electorate made on November 2, 2021, __________, 2021, to adopt and impose a two percent (2.0%) excise tax on the amount charged to any person leasing a Sshort- Tterm Rrental unit in the Town of Avon, but not including hotel units, accommodations, or short-term rental units classified as commercial property by the Eagle County Assessor. The purpose of the Community Housing Short-Term Rental Tax is to fund Community Housing and Community Housing programs, and the revenue shall be collected and deposited in the Town's separate fund known as the Community Housing Fund, which shall be used exclusively to fund and finance the development and preservation of Community Housing, including the acquisition of land therefor. All provisions contained within this Chapter shall be liberally interpreted and construed in furtherance of said purpose. 3.29.020 - Definitions. The following words and phrases as used in this Chapter shall have the following meaning: Community Housing Short-Term Rental Tax means the Town of Avon excise tax approved by the Town Electorate on November 2_____, 2021, imposing a two percent (2.0%) excise tax on the amount charged to any person leasing a Sshort-Tterm Rrental unit in the Town of Avon, but not including hotel units, accommodations, or short-term rental units classified as commercial property by the Eagle County Assessor. Consumer means any person who pays to use a Sshort-Tterm Rrental unit within the Town. Director of Finance means the Director of Finance for the Town. Price paid is the total amount promised or paid in cash or other consideration in exchange for use of a Short-Term Rental Unit, including but not limited to vendor mark-up, cleaning fees, service fees, or any other charge, excluding taxes, which must be paid by the Cconsumer in exchange for use of the rental unit. Short-Term Rental Unit, for the purposes of this Chapter only, means any room or rooms, apartment, condominium, boardinghouse, hotel room, guesthouse, lodge, campground site, recreational vehicle space, bed and breakfast, residence or similar accommodation generally used for sleeping and made available for a fee or other consideration to guests on an overnight basis for a period fewerof time less than thirty (30) days, excluding any unit classified as commercial property by the Eagle County Assessor. ATTACHMENT B ORD 21-11 Community Housing Short Term Rental Tax Page 5 of 10 Vendor means a person providing a Sshort-Tterm Rrental unit to a Cconsumer for a price paid, including marketplace facilitators as defined in Section 3.08.010. Sec. 3.29.030 - Excise tax imposed. (a) There is hereby imposed and levied in the Town, and shall be collected and paid, a two percent (2.0%) excise tax, called the Community Housing Short-Term Rental Tax, on the price paid for use of any Short-Term Rental uUnit. This tax shall be levied irrespective of the location from which the reservation for the rental use is made. (b) The vendor shall separately state the Community Housing Short-Term Rental Tax amount on an invoice, sales receipt, or any similar document provided to the consumer reflecting the price paid for use of the Short-Term Rental uUnit. (c) It is unlawful for any consumer not to pay, and for any vendor not to collect, the Community Housing Short-Term Rental Tax. A marketplace seller as defined in Section 3.08.010 is not liable for this collection of tax; rather, any marketplace facilitator facilitating the provision of short-term rental under this Chapter is so liable. (d) This tax shall be imposed on any rental use taxable under this Chapter for which both a bona fide reservation and any part of a payment, including a deposit, is made after 12:00 midnight, Mountain Standard Time, December 31, 2021, pursuant to the effective date of the enabling ordinance. Sec. 3.29.040 – License. (a) Every person who has the duty to collect the tax imposed in this Chapter must first obtain, without charge, a license to collect the tax. (b) The Town Council, upon reasonable prior and written notice to the licensee and after a hearing, may revoke or suspend the license of any person found by the Town Council to have violated any provision of this Chapter. Sec. 3.29.045 - Tax credit. Notwithstanding any other provisions of this Chapter, there shall be granted to each person owing the tax imposed in this Chapter for use of property located within The Village (at Avon) a temporary tax credit against collection of the tax equal to the amount of any public accommodations fee paid by or on behalf of such person. The amount of the credit shall not exceed the amount of the tax. No such credit shall be granted subsequent to termination of the collection of the public accommodations fee pursuant to the annexation and development agreement for The Village (at Avon). Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax, or a tax policy change. ATTACHMENT B ORD 21-11 Community Housing Short Term Rental Tax Page 6 of 10 Sec. 3.29.050 - Collection and remittance of tax; interest and penalty. (a) All vendors subject to this Chapter shall timely collect and be liable for an amount equal to two percent (2.0%) of the price paid for the Short-Term Rental uUnit and shall, before the twentieth day of each month, make a return to the Town for the preceding calendar month and remit said collected tax amounts to the Town. (b) All returns and remittances shall be made in such a manner and upon such forms as the Director of Finance may prescribe. The Director of Finance may extend the time for making a return and paying the taxes due under such reasonable rules, regulations, or conditions as he or she may determine necessary from time to time. (c) Interest shall accrue, and be owed to the Town, on all delinquent or deficient payments of the Community Housing Short-Term Rental Tax from the datethe the tax is first duedate of delinquency or underpayment to the date it is fully paidof full payment at the simple rate of one and one-half percent (1.5%) per month. Interest shall be calculated for each month, or portion of a month, that a tax delinquency or deficiency remains unpaid. (d) A penalty of ten percent (10%) of a delinquent or deficient tax amount shall also be assessed from the date the tax is first duedate of delinquency or underpayment, unless the delinquency or deficiency is due to fraud or an intent to evade the tax, in which case the penalty shall be fifty percent (50%) of the tax owed. Interest shall accrue on unpaid penalty amounts. No interest shall be allowed or paid on any overpayment of tax. Sec. 3.29.060 - Exemption from Community Housing Short-Term Rental Tax. (a) The following shall be exempt from the tax imposed under this Chapter: (1) Rentals made to the United States government and all departments and institutions thereof, the State of Colorado and the departments, institutions, and political subdivision thereof, and the Town of Avon; but only in the exercise of their governmental functions and only when rentals and purchases are supported by official government purchase orders or other official documentation and paid for by draft or warrant drawn on the government's account directly to the vendor. (2) Rentals made to charitable organizations duly established and recognized under state or federal law, but only to the extent any such rental or sale is transacted in the conduct of the organization's regular charitable functions and activities and is paid for directly by the organization without reimbursement therefor. (3) Rentals which the Town is prohibited from taxing under the Constitution or laws of the United States or the State of Colorado. ATTACHMENT B ORD 21-11 Community Housing Short Term Rental Tax Page 7 of 10 (b) The burden of proving that any rental is exempt from the tax imposed under this Chapter shall be on the person asserting such exemption under such reasonable requirements of proof as the Director of Finance may prescribe. Sec. 3.29.070 - Review of return; underpayment and overpayment of tax; notices. (a) The Director shall examine a return asAs soon as practicable after it is filed, and if it appears that the a return is filed, the Director of Finance shall examine it, and if it appears that the correctcorrect amount of tax to be remitted is othergreater or less than that shown in the return, the Director shall recompute the amount of tax owed. the tax shall be recomputed. (b) If the amount paid exceeds that which is due, the excess shall be refunded or credited against any subsequent remittance from the same taxpayer. If the amount paid is less than that which is due, the taxpayer shall be so notified with a demand for payment, to include appropriate interest and penalty. The taxpayer may appeal any such notice and demand for payment to the Town Manager as set out in Section 3.29.120. (b) If the amount paid exceeds that which is owed, the Director shall send a notice of overpayment to the taxpayer, who may submit a refund claim or file an amended return within thirty (30) days of the notice. No refund shall be paid if a claim or amended return is not made within 30 days. (c) If the amount paid is less than the amount due, the Director shall send a notice of deficiency and demand for payment, including interest and penalty, to the taxpayer. The additional payment shall be due within fifteen (15) days of the notice. The taxpayer may appeal a notice of deficiency and demand for payment to the Town Manager as set out at Section 3.29.120. (d) All notices required under this Chapter shall be in writing and, if sent by conventional or electronic mail to the last known address of the intended recipient, shall be sufficient upon that mailing. A designated notice period begins with the date listed on the notice. Sec. 3.29.080. Refunds; taxes paid under protest or by mistake. (a) A taxpayer claiming an exemption disputed by a vendor may pay the tax under protest. Applications for a refund of such a protested tax must be made within sixty (60) days after the sale or event for which an exemption is claimed. (b) A taxpayer claiming refund for tax paid by mistake must make that claim within three (3) years from the date of sale. (c) All claims for refund shall be upon forms prescribed by the Director. The Director shall promptly review refund claims and issue a denial in writing or provide the funds ATTACHMENT B ORD 21-11 Community Housing Short Term Rental Tax Page 8 of 10 requested. The taxpayer may appeal a Director’s final decision to the Town Manager as set out at Section 3.29.120. (d) A vendor may claim a refund on behalf of a consumer if: (i) The consumer could file a claim for a refund on his or her own behalf; and (ii) The vendor establishes to the Director’s satisfaction that the vendor has paid or will pay the amount claimed to the consumer. (e) No vendor shall be compelled to file a refund claim pursuant to this Chapter. Sec. 3.29.090 - Records and audits; investigations. (a) It shall be the obligation and duty of every taxpayer required to collect and remit the Community Housing Short-Term Rental Tax imposed under this Chapter to keep accurate and suitable records of all transactions subject to the tax, along with such other books, accounts and records as may be necessary to determine the amount of any tax liability. All records and books, inclusive of invoices or other rental or purchase receipts, shall be preserved for a period of three (3) years, and all such records, books and accounts shall be open for examination at any time by the Director of Finance. (b) For the purpose of ascertaining the correctness of a return, or for the purpose of determining the amount of tax due from any taxpayer, the Director of Finance may hold investigations and hearings concerning any matters covered by this Section, and may examine any relevant books, papers, records, or memoranda of any such person, requiring the attendance of such taxpayer, or any officer or employee of such taxpayer, or of any person having knowledge of such sales, and taking such testimony and proof as may be necessary to properly ascertain any tax liability. The Director shall have power to administer oaths to any person in the course of such investigations or hearings. Production of documents and attendance of witnesses shall be requested by the Director on his or her own motion or on motion of any party; any request for production or attendance shall inform persons that compliance is voluntary but that, if the request is not complied with, the Director may apply to the Municipal Judge for issuance of a subpoena. Sec. 3.29.110 - Tax lien. (a) The taxes imposed by Section 3.29.030 shall be a first and prior lien upon the property of any person required to collect and remit taxes under this Chapter, which lien shall take precedence over all other liens, encumbrances, or claims of whatever nature and shall immediately attach to such property without the necessity of the filing of any notice of lien thereof. (b) If any taxes, penalty, or interest imposed by this Chapter are not timely paid after notice of deficiency is made, the Director of Finance may take action to collect such taxes, penalty, or interest, including the filing of liens. ATTACHMENT B ORD 21-11 Community Housing Short Term Rental Tax Page 9 of 10 (c) All notices required under this Chapter shall be in writing and if mailed to the last known address of the intended recipient shall be sufficient upon mailing. Sec. 3.29.120 - Appeals to Town Manager. (a) Any taxpayer aggrieved by a tax decision made by the Director of Finance may appeal that decisione same to the Town Manager. All appeals shall be made in writing, shall set forth in plain language the basis for the appeal and the relief sought, and must be delivered to the Town Manager within twenty (20) days from the date of the decision appealed from, with a copy delivered also to the Director of Finance. The Town Manager shall notify the taxpayer in writing of the time and place fixed for a hearing on the appeal at least ten (10) days in advance thereof. (b) The hearing before the Town Manager shall be informal and no transcript, rules of evidence, or filing of briefs shall be required; but the taxpayer may elect to submit a brief, in which case the Director of Finance may submit a brief. The Town Manager shall hold such hearing and issue athe final decision thereon within ninety (90) days after receipt of the taxpayer's written notice of appeal; however, the Town Manager may extend such period if the delay in holding the hearing or issuing the decision thereon was occasioned by the taxpayer. In any such event, the Town Manager shall hold thesuch hearing and issue the decision thereon within one hundred eighty (180) days of the taxpayer's written notice of appealrequest in writing therefor. (c) The Town Manager may, for good and just cause, abate any penalty or interest on any assessment or deficiency for good and just cause if the taxpayer submits a written request for such abatement not less than two (2) business days before payment of the penalty or interest is due. All abatement decisions must be in writingreduced to writing and promptly placed in the taxpayer’s records for the taxpayerrecords on file with the Town. (c)(d) A taxpayer dissatisfied with the Town Manager’s decision may seek appeal in the District Court in and for the County of Eagle as may be permitted by law. Sec. 3.29.130 - Administration of tax collections; authority of Director of Finance. Administration of provisions of this Chapter is vested in the Director of Finance, who may, with the approval of the Town Manager, prescribe forms and reasonable rules and regulations in conformity with this Chapter for the making of returns, for the ascertainment, assessment and collection of the taxes imposed hereunder, and for the proper administration and enforcement hereof, a copy of which forms, rules, and regulations shall be made available to the public. Sec. 3.29.140 - Tax information confidential. ATTACHMENT B ORD 21-11 Community Housing Short Term Rental Tax Page 10 of 10 (a) Except in accordance with judicial order, or as otherwise herein provided, the Town shall not divulge any information gained from any return filed or as a result of any investigation or hearing held pursuant to the provisions of this Section. (b) Nothing contained in this subsection shall be construed to prohibit: (1) The delivery to a person, or to his or her duly authorized representative, of a copy of any return filed in connection with his or her tax; (2) The publication of statistics so classified as to prevent the identification of particular reports or returns and the items thereof; (3) The inspection by the Town Attorney, or any other legal representative of the Town, of the return or other information relating to any taxpayer who may become involved in litigation with the Town in which the said information may become material; (4) Disclosure of information to an auditor or any other outside agent hired by the Town for the purpose of auditing or establishing tax liabilities. (c) Reports and returns shall be preserved for three years, and thereafter until the Director of Finance, with the approval of the Town Manager, shall order them destroyed. Sec. 3.29.150 – Limitation of actions. No taxes imposed by this Chapter,, n or interest thereon or penalties with respect thereto,, shall be assessed, nor shall any notice of lien be filed, distraint warrant issued, or suit for collection be instituted, nor any other action to collect the same be commenced more than three (3) years after the date on which the tax was or is payable; nor shall any lien continue after such period, except for taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period, in which case such lien shall continue only for one (1) year after the filing of notice thereof. Before the expiration of such period of limitation, the taxpayer and the Town may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing. In the case of a false or fraudulent return made with intent to evade a tax, or where no return was filed for the same purpose, the tax, together with interest and penalties thereon, may be assessed, and proceedings for the collection of such taxes may be begun, at any time. Sec. 3.29.160 - Revenue dedication; Community Housing Fund. Money deposited into the Community Housing Fund as a result of this Community Housing Short-Term Rental Tax, shall, subject to duly adopted appropriation made by the Town Council from year- to- year, be expended exclusively to fund community housing, including without limitation the acquisition of land for housing, construction of housing, extension of public infrastructure to serve community housing development, purchase of deed restrictions, down payment assistance programs, partnerships with public and private entities to develop community housing and related costs for administration, design, legal, and consulting. ATTACHMENT B ORD 21-11 Community Housing Short Term Rental Tax Page 11 of 10 Sec. 3.29.170 - Violation—penalty. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.08 of this Code. ATTACHMENT B 970.748.4004 eheil@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Frontgate Avon Condominiums and Townhomes 38460 Highway 6 Development Agreement Amendments DATE: October 12, 2021 SUMMARY: The attached Development Agreement (“Attachment A”) encompasses obligations and expectations for a potential project (Plans LINK) (Elevations LINK) located at 36460 Highway 6. The Development Agreement would be between prospective new owners, BGV Avon, LLC, and the Town of Avon. It updates a previous agreement, and incorporates Council’s comments from the September 28, 2021 review. OVERVIEW OF CHANGES: Interim Town Attorney Karl Hanlon reviewed the Development Agreement and assisted with revisions. The following changes and notes were incorporated to respond to Council comments. • References to timeshares were deleted throughout. Zoning does not allow timeshares so this language seemed to confuse more than clarify. • Association Governing Documents definition revised to clarify they are recorded and run with the land. • Development Plan definition revised to better reference exact document. • Phase 1 and Phase 2 better defined throughout. • Clarified 3.1 Term. • Added 4.2 Security for Public Improvements. • Clarified 4.3 Timing of Public Improvements. • Clarified that 5.1 Water Rights/Cash in Lieu Payment is for Water rights. • Added 5.5. to state that water limitations survive any termination of the Agreement. • Clarified requirements of 7.2 Community Housing Units. • Clarified the timing of 8.3 Return of Funds. • Better defined a variety of provisions in Article X – Association Matters. OPTIONS: The Town Council can take any of the following actions: • Approve Development Agreement as drafted; or • Approved with modifications; or • Continue to future meeting. RECOMMENDED MOTION: “I move to approve the Development Agreement amendments for Frontgate Avon Condominiums and Townhomes.” Thank you, Eric ATTACHMENT A: Development Agreement ATTACHMENT B: Comparison Strikethrough Agreement DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into as of October 26, 2021, (the “Effective Date”) by and between BGV Avon LLC, a Colorado limited liability corporation (“Owner”), and the Town of Avon, a home rule municipal corporation of the State of Colorado (“Town”) (Owner and Town may be referred to individually as “Party ” and collectively as “Parties”), and, as to Article V of this Agreement only, UPPER EAGLE REGIONAL WATER AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado (“Authority”). RECITALS A. The Owner owns approximately 21.52 acres within the Town that is legally described as: A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 SOUTHEAST 1/4 SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING SOUTHERLY OF U.S. HIGHWAY 6, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP SET FOR THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 SOUTHEAST 1/4 SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE SOUTH 89 DEGREES 53 MINUTES 54 SECONDS WEST A DISTANCE OF 1302.02 FEET ALONG THE 1/16 LINE; THENCE NORTH 19 DEGREES 32 MINUTES 15 SECONDS EAST A DISTANCE OF 1097.52 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF U.S. HIGHWAY 6; THENCE ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 3770.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 27 MINUTES 57 SECONDS AN ARC DISTANCE OF 293.85 FEET AND CHORD BEARING AND DISTANCE OF SOUTH 65 DEGREES 20 MINUTES 12 SECONDS EAST 293.78 FEET; THENCE ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE SOUTH 58 DEGREES 48 MINUTES 40 SECONDS EAST A DISTANCE OF 128.74 FEET; THENCE ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE SOUTH 63 DEGREES 10 MINUTES 00 SECONDS EAST A DISTANCE OF 622.93 FEET TO A POINT ON THE EAST 1/16 LINE OF SAID SECTION 12; THENCE ALONG SAID 1/16 LINE SOUTH 00 DEGREES 12 MINUTES 20 SECONDS EAST A DISTANCE OF 561.57 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. Street address: 38460 Highway 6, Town of Avon, County of Eagle, State of Colorado (“Property”). B. The Owner submitted an application to the Town for approval of a Major Design and Development application for a condominium project referred to as Frontgate Avon Condominiums and Townhomes(“Application”). C. After holding a public hearing on September 7, 2021, the Town of Avon Planning and ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 Zoning Commission approved the Application conditioned upon the execution of this Agreement prior to a building permit. D. The Application includes a Landscape Plan and Irrigation Plan, which includes a limited irrigated area and drought tolerant species. E. The Application includes public improvements that necessitate further review, security, warranty, and acceptance upon satisfactory completion. F. The current zoning does not allow timeshare uses, and therefore, this Development Agreement does not include a requirement for a timeshare amenity fee. G. Development of the Property in accordance with this Agreement will provide for orderly growth in accordance with the policy and goals set forth in the Town’s Comprehensive Plan; ensure reasonable certainty, stability and fairness in the land use planning process; stimulate economic growth; secure the reasonable investment-backed expectations of the Owner; foster cooperation between the public and private sectors in the area of land use planning; and otherwise achieve the goals and purposes of the Town. AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions, covenants and mutual promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the Town agree as follows with respect to the development of the Property: ARTICLE I DEFINITIONS Definitions. The following terms shall have the meanings set forth below unless the context in which they are used clearly indicates otherwise: 1.1 Association. The common interest community association and/or other entity formed or to be formed for purposes of governing the rights, obligations and interests of owners of condominiums, townhomes and other interests in the Development upon completion of construction thereof and prior to the sale or conveyance of any individual residential units. Certain provisions relating to the rights and obligations of the Association are provided in Article X of this Agreement. 1.2 Association Governing Documents. The declaration of covenants (which are recorded in the Eagle County Clerk and Recorder’s Office and which run with the land), articles of incorporation, bylaws, rules and regulations, and any other documents creating or governing the Association and its members, as in existence from time to time. 1.3 Development. The project to be constructed on the Property as described in the Development Plan. ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 1.4 Development Plan. The Major Design and Development Plan entitled [INSERT TITLE], dated [INSERT DATE] that was approved by the Town through action by the Town of Avon Planning and Zoning Commission, including and incorporating any conditions of the Avon Planning and Zoning Commission, is made part of the land use approval for the Development Plan. 1.5 Development Plan Components. The following plan set sheets contained in the Development Plan are incorporated by reference into and made a part of this Agreement: [Sheet C1.0 – C6.0 – Phase 1 & Phase 2] Public Property Improvement Map [Sheets L1.0-L3.19 & IR1.0-IR1.3] Landscape Plan & Irrigation Plan [Sheets C1.0 – C6.0 – Phase 1 & Phase 2] Owner Maintained Public Improvements 1.6 Landscape & Irrigation Plan. The approved Landscape Plan and Irrigation Plans, Sheets L1.0-L3.19 & IR1.0-IR1.3 of the Development Plan, is made part of the land use approval for the Development Plan. 1.7 Municipal Code. The Avon Municipal Code, including the Avon Development Code, as may be amended from time to time. 1.8 Public Improvements. Those improvements to be acquired, constructed or installed for the benefit of the public, including, but not limited to, the Public Improvements described in Article IV and in the Public Property Improvement Map. 1.9 Public Property Improvement Map. The approved Public Property Improvement Map, Sheets C1.0 – C6.0 – Phase 1 & Phase 2 of the Development Plan, is made part of the land use approval for the Development Plan. 1.10 ROW. “ROW” shall mean that certain public right of way as described in the Development Plan. 1.11 Term. The term of this Agreement as provided in Article III. ARTICLE II DEVELOPMENT PLAN 2.1 Development Plan. The Development Plan sets forth the approved scope of development of the Property. 2.2 Compliance with General Regulations. The approval of the Development Plan and this Agreement shall not preclude the application of Town ordinances and regulations, or state or federal laws and regulations, which are general in nature and are applicable to all property subject to land use regulation by the Town, including, but not limited to, building, exterior energy offset, fire, plumbing, electrical and mechanical codes, as all such regulations exist ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 on the date of this Agreement or may be enacted or amended after the date of this Agreement. ARTICLE III TERM 3.1 Term. The term of this Agreement shall commence on the Effective Date of this Agreement and shall continue after construction of the building(s) for so long as the building(s) which comprises the Development continues to exist and for five (5) years after such time the all buildings that comprise the Development no longer exist on the Property. In the event the building(s) which comprises the Development is destroyed by fire or other calamity and then reconstructed within five (5) years, such reconstructed building shall be deemed the building(s) that comprises the Development and this Agreement shall continue in full force and effect until five (5) years after the reconstructed building(s) no longer exists. The Parties may terminate this Agreement earlier by mutual agreement. ARTICLE IV PUBLIC IMPROVEMENTS 4.1 Public Improvements. The Owner agrees to construct and install the public improvements set forth in this Agreement (the “Public Improvements”). Such obligations directly relate to the Application complying with the minimum required development standards set forth in the Code and are material to the terms, conditions, covenants and mutual promises bargained for by Town and the Owner in this Agreement. The Owner shall install or cause to be installed all Public Improvements that the Owner is required to construct in a good and workmanlike manner in accordance with the applicable regulations of the Town and applicable Utilities, as defined below, and in accordance with this Agreement. (a) Utility Improvements. The Owner agrees to install all utility improvements as described in the Development Plan. (b) Drainage Improvements. The Owner shall install drainage improvements for stormwater control and quality as described in the Development Plan. (c) Sidewalk. The Owner shall install the sidewalk adjacent to Highway 6 running the length of the project, from the west side of the Property to the east side of the Property, as described the Development Plan. (d) Turn Lanes. The Owner shall install turn lanes off Highway 6, as described in the Development Plan. 4.2 Security for Public Improvements. Owner shall post sufficient security to guarantee the installation, performance, or maintenance of any required Public Improvements, and any public facilities damaged by Developer during construction of the Development or Public Improvements. The total amount of required security for Public Improvements and the form of the Public Improvements shall comply with Avon Municipal Code 7.32.100 – Public Improvements. The required Public Improvements shall include all Public Improvements ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 for Phase 1 and 2 of the Public Improvements identified on the Public Improvement Map. As Public Improvements are completed, Developer may apply to the Town Manager for release for all or part of the security. 4.3 Timing of Public Improvements. The Owner shall complete the Public Improvements and the Town shall have provided written notification of acceptance of the Public Improvements by the Town (the “Town’s Notification of Acceptance”) on or before the earlier of (1) date of a certificate of occupancy or temporary certificate of occupancy, whichever is earlier, for Phase 1the first phase construction of the Development, or (2) within three (3) years of obtaining a grading permit, foundation permit, or building permit, whichever is earlier, or (3) December 31, 2024. The Owner shall inform the Town of all construction plans within Town property and within the ROW at least ninety (90) days prior to the start of construction that is to occur within Town property or the ROW. If the Owner has not received the Town’s Notification of Acceptance from the Town of all Public Improvements, the Town may withhold the issuance of a Temporary Certificate of Occupancy. 4.4 Warranty Period. The Public Improvements constructed and installed by the Owner shall be warranted to be free from defects in material, workmanship and quality for a period of two (2) years after the date of the Town’s Notification of Acceptance (the “Warranty Period”). In the event of any such defect arising during the Warranty Period, the Town may require the Owner to correct the defect in material, workmanship or quality. Ten percent (10%) of the total actual cost of completion of all Public Improvements to be installed and constructed by the Owner shall be collected by the Town from the Owner as security during such two (2) year period as the improvement warranty pursuant to Code § 7.32.100, as may be amended. In the event any corrective work with respect to the material, workmanship and quality is performed during the Warranty Period then the warranty on said corrected work with respect to the material, workmanship and quality shall be extended for two (2) years from the date on which it is completed. Security equal to 125% of the cost of any corrected work with respect to the material, workmanship and quality, as estimated by the Town, shall be retained by the Town or immediately paid to the Town by the Owner, if sufficient funds are not held by the Town, in accordance with Code § 7.32.100, for a period of two (2) years from the date of completion of the corrected work. 4.5 Engineering Certification. Upon completion of portions of the Public Improvements to be installed and constructed by the Owner, the Owner will cause its engineers (who shall have been actively engaged in observing to a commercially reasonable degree the construction of the Public Improvements and who are licensed in the State of Colorado) to provide a written opinion. The written opinion shall be in form and content reasonably satisfactory to the Town’s Engineer, and based upon on-site observation, review of sufficient construction- observation reports, field test reports, and material test reports and certifications by qualified personnel, shall opine that the installation of the Public Improvements, or portions thereof as may be completed from time to time, have been completed, and that to the best of the opining engineer’s knowledge and professional judgment, the Public Improvements are in conformance with all Standards (as defined below), plans, and specifications as submitted to and previously approved by the Town, or the pertinent utility supplier, as depicted on Sheets C1.0 – C6.0 of the Development Plan. Inspection reports, test results, as-constructed plans, including surveys, and other supporting documentation shall be submitted with the ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 certification. The as-constructed plans shall be submitted on paper and in a digital format, either AutoCad DWG, AutoCad DXF, or ESRI GIS shapefile. 4.6 Inspection Procedures. All Public Improvement work shall be done under the published inspection procedures and standards (collectively, “Standards”) established by the Town, Holy Cross Energy, Eagle River Water and Sanitation District, Upper Eagle Regional Water Authority, Xcel Energy, CenturyLink, Comcast, or any other utility (“Utilities”), as applicable and shall be subject to the reasonable satisfaction of the Town and applicable Utilities. No work shall be deemed complete until the reasonable approval and acceptance of the Public Improvements by the Town or the Utilities. Inspections by the Town and Utilities shall not relieve the Owner or the Owner’s agents from any responsibility or obligation to ensure that all work is completed in conformance with all Standards, plans, and specifications as submitted to and previously approved by the Town and Utilities. (a) Cost of Inspections: The cost, if any, of inspections, by Town employees, or an independent third-party inspector, shall be paid by the Owner. (b) Notice of Non-Compliance: In the event that the Town, through its inspectors, reasonably determines that the Public Improvements to be installed and constructed by the Owner are not in compliance with the Development Plan, it shall give written notice of such non-compliance (“Notice of Non-Compliance”) to the Owner. The Notice of Non-Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable construction plans and specifications with which the Public Improvements fail to comply. The Notice of Non- Compliance must be provided to the Owner within two (2) working days of the date of the inspection. 4.7 Indemnification and Hold Harmless. The Owner shall indemnify, defend and hold harmless the Town (and its officials, agents, representatives, employees, contractors, and successors and assigns) from all claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys’ fees) resulting from claims for bodily injury (including death) to any person or damage to any property, arising during the construction of the Public Improvements or otherwise arising on the Property or from the Owner’s activities while performing this Agreement (including, without limitation, maintenance, repair and replacement activities), including without limitation any claim that all or any portion of the Public Improvements installed and constructed by the Owner on Town property or ROW constitute a dangerous and/or unsafe condition within a public right-of-way; provided, however, that this indemnity shall not apply to any claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys’ fees) resulting from any act or omission of the Town or its officials, agents, representatives, employees, inspectors, including independent third-party inspectors, contractors, and successors and assigns. 4.8 Insurance. With respect to Owner’s obligation with respect to and/or any claims ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 arising from the construction or installation of the Public Improvements, all Owner’s or Owner’s contractor’s insurance policies related in any way to the Public Improvements shall be endorsed to include the Town and the Town’s officers and employees as additional insureds/loss payees, applicable within each policy. Every policy covering the Public Improvements shall be primary insurance, and any insurance carried by the Town, its officers, or its employees, or carried by or provided through any insurance pool of the Town, shall be excess and not contributory insurance to that provided by the Owner or the Owner's contractors. No additional insured endorsement to the policy required herein shall contain any exclusion for bodily injury or property damage arising from completed operations. The Owner and its contractor shall be solely responsible for endorsement/additional insured costs, premiums and deductible losses under any policy required above. ARTICLE V WATER PROVISION, WATER USE AND ENFORCEMENT 5.1 Water Rights/Cash in Lieu Payment. The Property has not been allocated water rights by the Town and must dedicate water rights to serve 84 SFEs and irrigate 0.30 acres of landscaped area as required by the Authority or, in the alternative, the Owner shall pay the Authority cash-in-lieu of a water rights dedication. The Owner shall provide proof of dedication or of payment of cash-in-lieu of water rights dedication and proof of water system impact fees in the amount of $56,379.00 prior to the issuance of a building permit. 5.2 Indoor Water Usage Limit. The Owner and Association shall adhere to an indoor usage water budget of no more than 300 gallons per day, per unit, and shall be responsible for managing use to this limit. Any use in excess of this limit may be subject to an excess use fee as determined by the Authority and may be subject to penalties and enforcement actions by the Town. 5.3 Outdoor Water Usage. (a) The Owner and Association shall install a separate irrigation meter pursuant to Avon Municipal Code 7.28.050(6)(ii)(D). This section establishes a maximum allowable outdoor water use limit for the development to ensure this Development does not exceed its outdoor water allocation as established by the Authority’s Water Dedication Requirement and Water Service Agreement between the Owner and the Authority. During the first two growing seasons, the Owner and Association shall not exceed 281,000 gallons of outdoor water use in any calendar year. Thereafter, the Owner and Association shall not exceed 114,000 gallons of outdoor water use in any calendar year. The following monthly budget is based upon a total irrigated area of 0.30 acres or 13,000 square feet. (b) Outdoor Water Usage on the Property may be curtailed by the Authority or Town during periods of low stream flows, and/or during instream flow calls. Once connected, the Authority and/or Town will monitor water usage of the Property. ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 5.4 Enforcement. (a) The Authority, upon determining that the Owner or Association has exceeded the Water Usage Limits prescribed above in this Article, may provide written notice by mail or e- mail to the Owner or its successors and assigns of the violation of this Section and demand that the excessive water usage cease immediately. The Town, in its sole discretion, may also issue a notice under this Section when it has been notified by the Authority that there is a violation of this Article. (b) In the event that the water usage of the Property exceeds the Water Usage Limits in this Article, the Owner and Association shall be obligated to either reduce its water usage to within the Water Usage Limits, or, at the Authority’s sole discretion, pay additional cash in lieu of a water rights dedication fees for the excess water use. If the Authority, in its sole discretion, does not accept an additional cash in lieu of water rights dedication fee, the Owner or its successors and assigns, and the Association, shall be obligated to reduce its water use to the Water Usage Limits in accordance with all remedies set forth in this Agreement. (c) Even if the Owner or Association ceases excessive water usage immediately, the Authority, in its sole discretion, may impose excess water usage fees on the Property for the period of excess usage. (d) Failure to correct excessive outdoor irrigation water use may result in a seven (7) day Notice of Disconnection, at the sole discretion of the Authority or other enforcement action commenced by the Authority and/or Town. (e) The Town has the right, but not the obligation, to enforce the provisions of this Article and may take such action as permitted or authorized by law, this Agreement or the ordinances of the Town, as the Town deems necessary to protect the public health, safety and welfare. Nothing in this Agreement shall be construed to restrict or limit the Town’s rights to enforce and regulate water usage as such rules and regulations may be adopted the Town generally. 5.5 Survival of Water Use Limiations. The limitations on water use and consumption in this Article V shall survive the termination or expiration of this Agreement unless mutually amended or released in writing by the Parties. ARTICLE VI MAINTENANCE AND ONGOING OBLIGATIONS 6.1 Operations and Maintenance. The Owner understands and acknowledges that those certain aspects of the maintenance, operation and use of the Development, including drainage, infrastructure, landscaping, and sidewalks (“Owner Maintained Public Improvements”), as delineated on Sheets C1.0 – C6.0 – Phase 1 & Phase 2 of the Development Plan and incorporated herein, require maintenance by Owner. ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 (a) Except in the event such liability arises from the action or omission of Town or its officials, agents, representatives, employees, inspectors, including independent third- party inspectors, contractors, and successors and assigns, but without waiving governmental immunity, the Owner agrees that the Town is not liable, and will not assume any liability, responsibility, or costs for any damage, maintenance, or repair of any Owner Maintained Public Improvements erected or maintained by the Owner under this Agreement. (b) If the Owner fails to maintain the Owner Maintained Public Improvements, the Town may perform the necessary maintenance and/or repair, as determined by the Town in its sole discretion, after providing at least thirty (30) days written notice to the Owner detailing the necessary maintenance and/or repair. If, after the remedy period set in the notice, the Owner fails to perform the necessary maintenance and/or repair, the Town may perform such maintenance and/or repair. The actual costs of the maintenance and/or repair, together with a fifteen percent (15%) charge for administration, shall be assessed against the Property. The Town shall send a notice of assessment to the Owner and upon the expiration of the thirty (30) period provided in such notice, the costs, including the administrative charge, shall be a lien upon the Property. If the assessment is not paid within thirty (30) days of the lien, the Town may impose interest upon such costs and upon the administrative charge, at the rate of eighteen percent (18%) per year. All costs, interest and charges, including the costs of collection, may be certified to the County Treasurer and collected in the same manner as taxes. ARTICLE VII SUBDIVISION 7.1 Future Subdivision. Before acceptance of the Public Improvements, the Owner shall submit a complete application for a subdivision of land pursuant to the Avon Municipal Code. Easements for Public Improvements shall be provided for public pedestrian usage of the sidewalk, and for the usage of the stormwater and drainage improvements for their intended purposes. 7.2 Community Housing Units. Owners agrees to construct, as part of Phase 1 of the Development, two (2) three-bedroom units, consisting of not less than 1,375 square feet for each unit. The use of such units shall be restricted to Community Housing (as that term is defined in the Municipal Code) in accordance with such deed restrictions as approved by the Town Council, in Town Council’s sole discretion. The form a deed restriction shall be finalized and approved by Avon Town Council prior to the date of a certificate of occupancy or temporary certificate of occupancy, whichever is earlier, for Phase 1 of the Development. ARTICLE VIII RESTORATION OF SITE 8.1 Restoration Due to Inactivity. Unless a building permit extension is granted in writing by ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 the building official upon justifiable cause demonstrated by the Owner, the building permit shall become invalid after 180 days of suspended work. If the building permit becomes invalid, the Owner shall restore the site to the condition the site was in at the time of issuance of the building permit (subject to changes reasonably necessary for public safety or preservation of land and adjoining land, or to prevent waste) within thirty (30) days from the date of notice by the Town that restoration is required. Upon restoration of the Property in accordance with this Article and to the reasonable satisfaction of the Town, this Agreement shall automatically terminate. 8.2 Restoration Funds. The Town currently holds funds deposited by the Owner in the amount of $209,475.00 as security for any possible future required restoration. If the obligation to restore arises (i.e., if the permit becomes invalid) and if the Owner thereafter fails to restore the Property in compliance with this Article and to the Town’s satisfaction, the Town may use such funds to cover the costs of any required restoration work. The Town shall maintain an accounting of such costs and once restoration work is completed, the Town shall return any remaining funds along with such accounting. If the funds are insufficient to perform the restoration work, the Owner, upon demand from the Town, shall deposit additional required funds as determined by the Town. If the Owner fails to provide such funds, the Town’s costs of restoration over the amount of funds current held, shall be a lien upon the Property to be collected in the same manner as property tax and the Town may certify such amount to the County Assessor for collection, including an additional 10% imposed by the Town for costs of collection. 8.3 Return of Funds. After the issuance of a Certificate of Occupancy for Phase 1 of the Development, the Town shall refund 50% of the restoration funds to the Owner. After the issuance of a final Certificate of Occupancy for the last building to be constructed within the Development, the Town shall refund the remaining resorations funds to the Owner. ARTICLE IX DEFAULTS, REMEDIES AND TERMINATION 9.1 Default by Town. A “breach” or “default” by the Town under this Agreement shall be defined as the Town’s failure to perform its obligations under this Agreement, after the applicable cure period described in Section 9.3, below. 9.2 Default by Owner. A “breach” or “default” by the Owner shall be defined as the Owner’s failure to fulfill or perform any obligation of the Owner contained in this Agreement following the applicable cure period described in Section 9.3, below, or the Owner’s failure to fulfill or perform any obligation of the Owner contained in any other written agreement relating to the Property between the Town and the Owner or the Town following any applicable cure period contained in such agreement. The failure by the Owner to cause the Association to collect and remit the timeshare amenities fee to the Town as provided in Section 7.2 shall constitute a default by the Owner. 9.3 Notices of Default. In the event of a default by either Party under this Agreement, the non- defaulting Party shall deliver written notice to the defaulting Party of such default, at the address specified in Section 11.6, and the defaulting Party shall have five (5) days for ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 monetary obligations and thirty (30) days for non-monetary obligations from and after receipt of such notice to cure such default. With respect to non-monetary obligations, if such default is not of a type that with the exercise of reasonable diligence can be cured within such thirty (30) day period and the defaulting Party gives written notice to the non- defaulting Party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting Party shall have a reasonable period of time up to one hundred eighty (180) days given the nature of the default to cure such default, provided that such defaulting Party is at all times within such additional time period actively and diligently pursuing such cure. 9.4 Remedies for Default by Town. If a default by Town under this Agreement is not cured as described in Section 9.3, the Owner shall have the right to enforce the Town’s obligations by an action for any equitable remedy, including, without limitation, injunction or specific performance or an action to recover damages. Each remedy in this Section 9.4 is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. 9.5 Remedies for Default by the Owner or Association. If any default by the Owner or the Association under this Agreement is not cured as described in Section 9.3, the Town shall have the right to enforce the Owner’s or the Association’s obligations hereunder by an action for any equitable remedy, including injunction or specific performance, or an action to recover damages. Each remedy in this Section 9.5 is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. In addition, if a default of this Agreement by the Owner or the Association also constitutes a violation of the Code and non- compliance with the Development Plan for this Property then the Town shall have all enforcement rights as described in the Code and other applicable sections of the Code concerning enforcement and penalties for violations, as the Code may be amended from time to time. 9.6 Mediation. The Parties agree that prior to submitting any controversy or claim arising out of or relating to this Agreement, including, without limitation, any breach, default, or interpretation hereof, to a legal process, and as a prerequisite to initiating any legal process, the Parties shall attempt to resolve the controversy or claim in good faith in accordance with the procedures stated in this Section 9.6. The Party asserting the breach, default, controversy, or claim shall first provide written notice to the other Party, citing this Section 9.6, and requesting consideration by the other Party to resolve the controversy or claim. The Parties shall use reasonable efforts to resolve the dispute within thirty (30) days from the date of the notice commencing this process. If the dispute is not resolved within thirty (30) days of the date of the notice, or by such longer period as may be mutually agreed by the Parties, then either Party may initiate a legal action. At any time after the written notice citing Section 9.6, the Parties may mutually agree to appoint an independent neutral third party (the “Mediator”) to assist them in resolving the dispute. In such an instance, (i) each Party agrees to provide the Mediator access to all relevant and non-privileged documents and may impose reasonable confidentiality provisions; (ii) the Parties may make representations and submissions to the Mediator but there shall be no formal hearing unless the Mediator requires a formal hearing and provides a written notice to the Parties; (iii) the Mediator shall make his recommendations in writing as soon as is reasonably possible but ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 not later than thirty (30) days following the receipt of representations and submissions by each Party; (iv) the Mediator’s recommendation shall not be binding upon the Parties, but would become binding upon the Parties if voluntarily accepted by both Parties in writing; and (v) the fees of the Mediator shall be paid equally by the Parties. Following receipt by the Parties of the recommendations made by the Mediator, the Parties shall have ten (10) days, or such longer period as may be mutually agreed by the Parties, to accept said recommendation or a mutually acceptable alternative. Submission of the dispute to the Mediator shall be deemed by the Parties to toll the applicable statute of limitations until the mediation process is concluded. ARTICLE X ASSOCIATION MATTERS 10.1 Formation of Association. The Owner shall form the Association upon prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy for the first building to be constructed within the Development and prior to any occupancy thereof; provided, however, that in the event that the Association has not been formed as required, the Owner shall be liable for all obligations of the Association hereunder until such time as the Association is formed. Until such time as the Owner no longer controls the Association pursuant to State law, Owner shal remain liable for all obligations of both the Owner and the Association pursuant to this Agreement. 10.2 Association Deemed to be Owner. In addition to the rights and obligations of the Association, as specifically stated in this Agreement, at such a time as the Association is formed, except for any right of Owner to a refund of any deposit or other monetary security held by Town hereunder, the Association shall be deemed to be the Owner with respect to the provisions, rights, and obligations of this Agreement. The provisions of any other Section of this Agreement necessary to give effect to the Association’s rights and obligations under the foregoing Articles and Sections shall also be deemed to control. 10.3 Indemnification of Town. The Association shall indemnify and hold harmless the Town for Owner Maintained Public Improvements. The Association Governing Documents will contain a provision stating that the Association shall be subject to this Agreement as provided herein, and recite the Association’s obligations in this Agreement, including the obligation to indemnify the Town, as described herein. In addition, the Association Governing Documents shall state that the Town is a limited third-party beneficiary solely for the purpose of enforcing the performance of the Association’s obligations under this Agreement. 10.4 Approval of Governing Documents. Owner shall submit the Association Governing Document for review and approval by the Town as to those matters described in this Section 10 prior to recordation of the Association’s Governing Documents. The Association Governing Documents shall be submitted to the Town prior to the issuance of a certificate of occupancy or temporary certificate of occupancy, whichever is earlier, for Phase 1 of the Development. 10.5 Default by Owner or Association. Any failure of the Association Governing Documents to ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 contain and maintain the provisions required by this Agreement shall be a default by the Owner and the Association under this Agreement, and the Town shall be entitled as a remedy therefor to obtain an order for reformation of the Association Governing Documents so that they are in compliance with this Agreement. 10.6 Amendments to Association’s Governing Documents. As to those matters described in Section 10, any future amendments to the Association Governing Documents shall require the written consent of the Town. ARTICLE XI MISCELLANEOUS 11.1 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 11.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and the Owner, and nothing contained in this Agreement shall be construed as making the Town and the Owner joint venturers or partners. 11.3 Applicability of Avon Municipal Code. All matters not covered by this Agreement are controlled by the Code to the extent applicable. This Agreement does not prevent the Town from imposing additional requirements not inconsistent with this Agreement as conditions for approval of a subdivision or the granting of a building permit. 11.4 Waiver. No waiver of one or more of the terms of this Agreement shall be effective unless in writing. No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. 11.5 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long at the intent of this Agreement is not frustrated. 11.6 Notices. Any notice or communication required or permitted under the terms of this Agreement shall be in writing, may be given by the Parties hereto or such Party’s respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient(s), by whatever means; (ii) three (3) business days after the same is deposited in the United States Mail, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via electronic mail to intended recipient’s electronic mail address, provided below. Any notice shall be delivered, mailed, or sent, as the case may be, to the appropriate address set forth below: If to Town: Town of Avon ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 Attention: Town Manager P.O. Box 975 Avon, Colorado 81620 Telephone: 970-748-4004 Email: townmanager@avon.org And: Town of Avon Attention: Town Attorney P.O. Box 975 Avon, Colorado 81620 Telephone: 970-748-4001 Email: townattorney@avon.org If to Owner: BGV Avon LLC Attention: Graham Frank 100 S. Main Street, P.O. Box 6879 Breckenridge, Colorado 80424 Email: gfrank@breckenridgegrandvacations.com And: John Palmquist GC Legal Strategies 2520 S. St. Paul St. Denver, Colorado 80210 Email: john@jpalmquistlaw.com Each Party may change its addresses and/or email addresses for notices pursuant to a written notice that is given in accordance with the terms hereof. As used herein, the term “business day” shall mean any day other than a Saturday, a Sunday or a legal holiday for which U.S. Mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 11.7 Amendment of Agreement. For the purpose of any amendment to this Agreement, “Owner” shall mean only the Owner as defined herein and those parties, if any, who have specifically been granted, in writing by the Owner, the power to enter into such amendments. No amendment to this Agreement shall be valid unless signed in writing by Owner and Town. 11.8 Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest or the legal representatives of the Parties hereto. The Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement: (a) to the Association; and (b) to an entity or entities formed for the purpose of developing the Property which are managed by an affiliate of the Owner and comprised of affiliates of the Owner. Further, the Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to third ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 parties acquiring an interest or estate in the Property, including, but not limited to, purchasers or long-term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property. Notwithstanding the forgoing, any assignee shall fully assume in writing all obligations of the Owner assigned to such assignee and Owner must obtain the Town’s written consent to such assignment, which consent will not be unreasonably withheld or delayed if the Owner has reasonably demonstrated to the Town that the assignee has the financial capability to perform the obligations under this Agreement so assigned. In no event shall any time-share Owner be individually liable for any obligations of the Owner or the Association pursuant to this Agreement. Nothing in this Section shall be deemed to limit or in any way restrict the sale or other conveyance of property within the Property. 11.9 Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Any electronically delivered counterparts shall have the same force and effect as an “ink-signed” original. 11.10No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. [EXECUTION PAGE FOLLOWS] ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 IN WITNESS WHEREOF, the Owner and the Town have executed this Agreement as of the date first written above. TOWN: BY:_________________________________ ATTEST:__________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: BY:_________________________________ Karl Hanlon, Town Attorney OWNER: By: Its: STATE OF COLORADO ) ) ss. COUNTY OF__________________ ) Acknowledged before me this ____ day of _______________ 2021, by ____________________ as ____________________ of BGV Avon, LLC., a Colorado limited liability company, on behalf of the limited liability company. My commission expires: ______________________________________ Notary Public As to Article V of the Agreement only: AUTHORITY: BY:___________________________________ ATTEST:___________________________ ATTACHMENT A: FRONTGATE DEVELOPMENT AGREEMENT 10-21-21 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into as of , 2019, October 26, 2021, (the “Effective Date”) by and between COLORADO WORLD RESORTS,BGV Avon LLC.,, a Colorado limited liability corporation (“Owner”), and the Town of Avon, a home rule municipal corporation of the State of Colorado (“Town”) (Owner and Town may be referred to individually as “Party” and collectively as “Parties”), and, as to Article V of this Agreement only, UPPER EAGLE REGIONAL WATER AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado (“Authority”). RECITALS as: A. The Owner owns approximately 21.52 acres within the Town that is legally described as: 38388A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 SOUTHEAST 1/4 SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING SOUTHERLY OF U.S. HIGHWAY 6, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP SET FOR THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 SOUTHEAST 1/4 SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE SOUTH 89 DEGREES 53 MINUTES 54 SECONDS WEST A DISTANCE OF 1302.02 FEET ALONG THE 1/16 LINE; THENCE NORTH 19 DEGREES 32 MINUTES 15 SECONDS EAST A DISTANCE OF 1097.52 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF U.S. HIGHWAY 6; THENCE ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 3770.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 27 MINUTES 57 SECONDS AN ARC DISTANCE OF 293.85 FEET AND CHORD BEARING AND DISTANCE OF SOUTH 65 DEGREES 20 MINUTES 12 SECONDS EAST 293.78 FEET; THENCE ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE SOUTH 58 DEGREES 48 MINUTES 40 SECONDS EAST A DISTANCE OF 128.74 FEET; THENCE ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE SOUTH 63 DEGREES 10 MINUTES 00 SECONDS EAST A DISTANCE OF 622.93 FEET TO A POINT ON THE EAST 1/16 LINE OF SAID SECTION 12; THENCE ALONG SAID 1/16 LINE SOUTH 00 DEGREES 12 MINUTES 20 SECONDS EAST A DISTANCE OF 561.57 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. Street address: 38460 Highway 6, Town of Avon, County of Eagle, State of Colorado as is also described in the Quit Claim Deed recorded in the Eagle County Clerk and Recorder’s office at Reception Number 201803580 (“Property”). B. The Owner submitted an application to the Town for approval of a Major Design and ATTACHMENT B: Frontgate COMPARISON Development application for a condominium project referred to as Colorado World Resorts Frontgate Avon Condominiums and Townhomes(“Application”). C. After holding a public hearing on September 18, 20187, 2021, the Town of Avon Planning and Zoning Commission approved the Application conditioned upon the execution of this Agreement prior to a building permit. D. The Application includes a Landscape Plan and Irrigation Plan, which includes a limited irrigated area and drought tolerant species. E. The Application includes public improvements that necessitate further review, security, warranty, and acceptance upon satisfactory completion. F. The current zoning does not allow timeshare uses, and therefore, this Development Agreement does not include a requirement for a timeshare amenity fee. F.G. Development of the Property in accordance with this Agreement will provide for orderly growth in accordance with the policy and goals set forth in the Town’s Comprehensive Plan; ensure reasonable certainty, stability and fairness in the land use planning process; stimulate economic growth; secure the reasonable investment-backed expectations of the Owner; foster cooperation between the public and private sectors in the area of land use planning; and otherwise achieve the goals and purposes of the Town. AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions, covenants and mutual promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the Town agree as follows with respect to the development of the Property: ATTACHMENT B: Frontgate COMPARISON ARTICLE I DEFINITIONS Definitions. The following terms shall have the meanings set forth below unless the context in which they are used clearly indicates otherwise: 1.1 Association. The common interest community association and/or other entity formed or to be formed for purposes of governing the rights, obligations and interests of owners of Time- Share Interestscondominiums, townhomes and other interests in the Development upon completion of construction thereof and prior to the sale or conveyance of any individual residential units. Certain provisions relating to the rights and obligations of the Association are provided in Article X of this Agreement. 1.2 Association Governing Documents. The declaration of covenants, (which are recorded in the Eagle County Clerk and Recorder’s Office and which run with the land), articles of incorporation, bylaws, rules and regulations, and any other documents creating or governing the Association and its members, as in existence from time to time. 1.3 Development. The project to be constructed on the Property as described in the Development Plan. 1.4 Development Plan. The approved Major Design and Development PlanThe Major Design and Development Plan entitled [INSERT TITLE], dated [INSERT DATE] that was approved by the Town through action by the Town of Avon Planning and Zoning Commission, including and incorporating any conditions of the Avon Planning and Zoning Commission, is made part of the land use approval for the Development Plan. 1.5 Development Plan Components. The following plan set sheets contained in the Development Plan are incorporated by reference into and made a part of this Agreement: [Sheet C1.0 – C6.0 – Phase 1 & Phase 2] Public Property Improvement Map [Sheets L1.0-L3.019 & IR1.0-IR1.3}] Landscape Plan & Irrigation Plan [Sheets C1.0 – C6.0 – Phase 1 & Phase 2] Owner Maintained Public Improvements 1.6 Exhibits. The following Exhibit is to this agreement is incorporated by reference and made part of this Agreement: Exhibit A Amenity Fees 1.71.6 Landscape & Irrigation Plan. The approved Landscape Plan and Irrigation Plans, Sheets L1.0-L3.019 & IR1.0-IR1.3of3 of the Development Plan, is made part of the land use approval for the Development Plan. 1.81.7 Municipal Code. The Avon Municipal Code, including the Avon Development Code, as may be amended from time to time. 1.91.8 Public Improvements. Those improvements to be acquired, constructed or installed for ATTACHMENT B: Frontgate COMPARISON the benefit of the public, including, but not limited to, the Public Improvements described in Article IV and in the Public Property Improvement Map. ATTACHMENT B: Frontgate COMPARISON 1.101.9 Public Property Improvement Map. The approved Public Property Improvement Map, Sheets C1.0 – C6.0of0 – Phase 1 & Phase 2 of the Development Plan, is made part of the land use approval for the Development Plan. 1.111.10 ROW. “ROW” shall mean that certain public right of way as described in the Development Plan. 1.121.11 Term. The term of this Agreement as provided in Article III. ARTICLE II DEVELOPMENT PLAN 2.1 Development Plan. The Development Plan sets forth the approved scope of development of the Property and has been approved by the Town through action by the Town of Avon Planning and Zoning Commission. 2.2 Compliance with General Regulations. The approval of the Development Plan and this Agreement shall not preclude the application of Town ordinances and regulations, or state or federal laws and regulations, which are general in nature and are applicable to all property subject to land use regulation by the Town, including, but not limited to, building, exterior energy offset, fire, plumbing, electrical and mechanical codes, as all such regulations exist on the date of this Agreement or may be enacted or amended after the date of this Agreement. ARTICLE III TERM 3.1 Term. The term of this Agreement shall becommence on the Effective Date of this Agreement and shall continue after construction of the building(s) for so long as the building(s) which comprises the Development continues to exist and for five (5) years after such time the buildingall buildings that comprisescomprise the Development is no longer in existenceexist on the Property. In the event the building(s) which comprises the Development is destroyed by fire or other calamity and then reconstructed within five (5) years, such reconstructed building shall be deemed the building(s) that comprises the Development and this Agreement shall continue in full force and effect until five (5) years after the reconstructed building(s) no longer exists. The Parties may terminate this Agreement earlier by mutual agreement. ARTICLE IV PUBLIC IMPROVEMENTS 4.1 Public Improvements. The Owner agrees to construct and install the public improvements set forth in this Agreement (the “Public Improvements”). Such obligations directly relate ATTACHMENT B: Frontgate COMPARISON to the Application complying with the minimum required development standards set forth in the Code and are material to the terms, conditions, covenants and mutual promises bargained for by Town and the Owner in this Agreement. The Owner shall install or cause to be installed all Public Improvements that the Owner is required to construct in a good and workmanlike manner in accordance with the applicable regulations of the Town and applicable Utilities, as defined below, and in accordance with this Agreement. ATTACHMENT B: Frontgate COMPARISON (a) Utility Improvements. The Owner agrees to install all utility improvements as described in the Development Plan. (b) Drainage Improvements. The Owner shall install drainage improvements for stormwater control and quality as described in the Development Plan. (c) Sidewalk. The Owner shall install the sidewalk adjacent to Highway 6 running the length of the project, from the west side of the Property to the east side of the Property, as described the Development Plan. (d) Turn Lanes. The Owner shall install turn lanes off Highway 6, as described in the Development Plan. 4.2 Security for Public Improvements. Owner shall post sufficient security to guarantee the installation, performance, or maintenance of any required Public Improvements, and any public facilities damaged by Developer during construction of the Development or Public Improvements. The total amount of required security for Public Improvements and the form of the Public Improvements shall comply with Avon Municipal Code 7.32.100 – Public Improvements. The required Public Improvements shall include all Public Improvements for Phase 1 and 2 of the Public Improvements identified on the Public Improvement Map. As Public Improvements are completed, Developer may apply to the Town Manager for release for all or part of the security. 4.24.3 Timing of Public Improvements. The Owner shall complete the Public Improvements and the Town shall have provided written notification of acceptance of the Public Improvements fromby the Town (the “Town’s Notification of Acceptance”) on or before the earlier of (1) date of completiona certificate of occupancy or temporary certificate of occupancy, whichever is earlier, for Phase 1the first phase construction of the Development. The date of completion of the Development shall be defined as the date that the Owner receives from the Town a Temporary Certificate of Occupancy for the Development, or (2) within three (3) years of obtaining a grading permit, foundation permit, or building permit, whichever is earlier, or (3) December 31, 2024. The Owner shall inform the Town of all construction plans within Town property and within the ROW at least ninety (90) days prior to the start of construction that is to occur within Town property or the ROW. If the Owner has not received the Town’s Notification of Acceptance from the Town of all Public Improvements, the Town may withhold the issuance of a Temporary Certificate of Occupancy. 4.3 Warranty Period. The Public Improvements constructed and installed by the Owner shall be warranted to be free from defects in material, workmanship and quality for a period of two 4.4 (2) years after the date of the TownTown’s Notification of Acceptance (the “Warranty Period”). In the event of any such defect arising during the Warranty Period, the Town may require the Owner to correct the defect in material, workmanship or quality. Ten percent (10%) of the total actual cost of completion of all Public Improvements to be installed and ATTACHMENT B: Frontgate COMPARISON constructed by the Owner shall be collected by the Town from the Owner as security during such two (2) year period as the improvement warranty pursuant to Code § 7.32.100, as may be amended. In the event any corrective work with respect to the material, workmanship and quality is performed during the Warranty Period then the warranty on said corrected work with respect to the material, workmanship and quality shall be extended for two (2) years from the date on which it is completed. Security equal to 125% of the cost of any corrected work with respect to the material, workmanship and quality, as estimated by the Town, shall be retained by the Town or immediately paid to the Town by the Owner, if sufficient funds are not held by the Town, in accordance with Code § 7.32.100, for a period of two (2) years from the date of completion of the corrected work. 4.4 Engineering Certification. Upon completion of portions of the Public Improvements to be installed and constructed by the Owner, the Owner will cause its engineers (who shall have been actively engaged in observing to a commercially reasonable degree the construction of the Public Improvements and who are licensed in the State of Colorado) to provide a written opinion. The written opinion shall be in form and content reasonably satisfactory to the Town’s Engineer, and based upon on-site observation, review of sufficient construction- observation reports, field test reports, and material test reports and certifications by qualified personnel, shall opine that the installation of the Public Improvements, or portions thereof as may ATTACHMENT B: Frontgate COMPARISON 4.5 be completed from time to time, have been completed, and that to the best of the opining engineer’s knowledge and professional judgment, the Public Improvements are in conformance with all Standards (as defined below), plans, and specifications as submitted to and previously approved by the Town, or the pertinent utility supplier, as depicted on Sheets C1.0 – C6.0 of the Development Plan. Inspection reports, test results, as-constructed plans, including surveys, and other supporting documentation shall be submitted with the certification. The as-constructed plans shall be submitted on paper and in a digital format, either AutoCad DWG, AutoCad DXF, or ESRI GIS shapefile. 4.54.6 Inspection Procedures. All Public Improvement work shall be done under the published inspection procedures and standards (collectively, “Standards”) established by the Town, Holy Cross Energy, Eagle River Water and Sanitation District, Upper Eagle Regional Water Authority, Xcel Energy, CenturyLink, Comcast, or any other utility (“Utilities”), as applicable and shall be subject to the reasonable satisfaction of the Town and applicable Utilities. No work shall be deemed complete until the reasonable approval and acceptance of the Public Improvements by the Town or the Utilities. Inspections by the Town and Utilities shall not relieve the Owner or the Owner’s agents from any responsibility or obligation to ensure that all work is completed in conformance with all Standards, plans, and specifications as submitted to and previously approved by the Town and Utilities. (a) Cost of Inspections: The cost, if any, of inspections, by Town employees, or an independent third-party inspector, shall be paid by the Owner. (b) Notice of Non-Compliance: In the event that the Town, through its inspectors, reasonably determines that the Public Improvements to be installed and constructed by the Owner are not in compliance with the Development Plan, it shall give written notice of such non-compliance (“Notice of Non-Compliance”) to the Owner. The Notice of Non-Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable construction plans and specifications with which the Public Improvements fail to comply. The Notice of Non- Compliance must be provided to the Owner within two (2) working days of the date of the inspection. 4.6 Indemnification and Hold Harmless. The Owner shall indemnify, defend and hold harmless the Town (and its officials, agents, representatives, employees, contractors, and successors and assigns) from all claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys’ fees) resulting from claims for bodily injury (including death) to any person or damage to any property, arising during the construction of the Public Improvements or otherwise arising on the Property or from the Owner’s activities while performing this Agreement (including, without limitation, maintenance, repair and replacement activities), including without limitation any claim that all or any portion of the Public Improvements installed and constructed by the Owner on Town property or ROW constitute a dangerous and/or unsafe condition within a public right-of-way; provided, however, that this indemnity shall not apply to any claims, demands, damages (including, without limitation, ATTACHMENT B: Frontgate COMPARISON consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys’ fees) resulting from any act or omission ATTACHMENT B: Frontgate COMPARISON 4.7 of the Town or its officials, agents, representatives, employees, inspectors, including independent third-party inspectors, contractors, and successors and assigns. 4.74.8 Insurance. With respect to Owner’s obligation with respect to and/or any claims arising from the construction or installation of the Public Improvements, all Owner’s or Owner’s contractor’s insurance policies related in any way to the Public Improvements shall be endorsed to include the Town and the Town’s officers and employees as additional insureds/loss payees, applicable within each policy. Every policy covering the Public Improvements shall be primary insurance, and any insurance carried by the Town, its officers, or its employees, or carried by or provided through any insurance pool of the Town, shall be excess and not contributory insurance to that provided by the Owner or the Owner's contractors. No additional insured endorsement to the policy required herein shall contain any exclusion for bodily injury or property damage arising from completed operations. The Owner and its contractor shall be solely responsible for endorsement/additional insured costs, premiums and deductible losses under any policy required above. ARTICLE V WATER PROVISION, WATER USE AND ENFORCEMENT 5.1 Water Rights/Cash in Lieu Payment. The Property has not been allocated water rights by the Town and must dedicate water rights to serve 8184 SFEs and irrigate 0.9130 acres of landscaped area as required by the Authority or, in the alternative, the Owner shall pay the Authority cash-in- lieu of a water rights dedication. The Owner shall provide proof of dedication or of payment of cash-in-lieu of water rights dedication and proof of water system impact fees in the amount of $56,379.00 prior to the issuance of a building permit. 5.2 Indoor Water Usage Limit. The Owner and Association shall adhere to an indoor usage water budget of no more than 300 gallons per day, per unit, and shall be responsible for managing use to this limit. Any use in excess of this limit may be subject to an excess use fee as determined by the Authority and may be subject to penalties and enforcement actions by the Town. Colorado World Resorts Indoor Water Usage Limit Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Use per Unit 9.3 8.4 9.3 9 9.3 9 9.3 9.3 9 9.3 9 9.3 110 (kgal) Total existing (kgal) 753.3 680.4 753.3 729.0 753.3 729.0 753.3 753.3 729.0 753.3 729.0 753.3 8870 ATTACHMENT B: Frontgate COMPARISON 5.3 Outdoor Water Usage. (a) The Owner and Association shall install a separate irrigation meter pursuant to Avon Municipal Code § 7.28.050(6)(ii)(D). This section establishes a maximum allowable outdoor water use limit for the development to ensure this Development does not exceed its outdoor water allocation as established by the Authority’s Water Dedication Requirement and Water Service Agreement between the Owner and the Authority. During the first two growing seasons, the Owner and Association shall not exceed 639,832281,000 gallons of outdoor water use in any calendar year. Thereafter, the Owner and Association shall not exceed 319,916114,000 gallons of outdoor water use in any calendar year. The following monthly budget is based upon a total irrigated area of 0.9130 acres or 39,78713,000 square feet:. Colorado World Resorts Outdoor Water Usage Limit May Jun July August September Total Gallons 54,641 71,763 78,060 66,350 49,102 319,916 (b) Outdoor Water Usage on the Property may be curtailed by the Authority or Town during periods of low stream flows, and/or during instream flow calls. Once connected, the Authority and/or Town will monitor water usage of the Property. 5.4 Enforcement. (a) The Authority, upon determining that the Owner or Association has exceeded the Water Usage Limits prescribed above in this Article, may provide written notice by mail or e- mail to the Owner or its successors and assigns of the violation of this Section and demand that the excessive water usage cease immediately. The Town, in its sole discretion, may also issue a notice under this Section when it has been notified by the Authority that there is a violation of this Article. (b) In the event that the water usage of the Property exceeds the Water Usage Limits in this Article, the Owner and Association shall be obligated to either reduce its water usage to within the Water Usage Limits, or, at the Authority’s sole discretion, pay additional cash in lieu of a water rights dedication fees for the excess water use. If the Authority, in its sole discretion, does not accept an additional cash in lieu of water rights dedication fee, the Owner or its successors and assigns, and the Association, shall be obligated to reduce its water use to the Water Usage Limits in accordance with all remedies set forth in this Agreement. (c) Even if the Owner or Association ceases excessive water usage immediately, the ATTACHMENT B: Frontgate COMPARISON Authority, in its sole discretion, may impose excess water usage fees on the Property for the period of excess usage. (d) Failure to correct excessive outdoor irrigation water use may result in a seven (7) day Notice of Disconnection, at the sole discretion of the Authority or other enforcement action commenced by the Authority and/or Town. ATTACHMENT B: Frontgate COMPARISON (e) The Town has the right, but not the obligation, to enforce the provisions of this Article and may take such action as permitted or authorized by law, this Agreement or the ordinances of the Town, as the Town deems necessary to protect the public health, safety and welfare. Nothing in this Agreement shall be construed to restrict or limit the Town’s rights to enforce and regulate water usage as such rules and regulations may be adopted the Town generally. 5.5 Survival of Water Use Limiations. The limitations on water use and consumption in this Article V shall survive the termination or expiration of this Agreement unless mutually amended or released in writing by the Parties. ARTICLE VI MAINTENANCE AND ONGOING OBLIGATIONS 6.1 Operations and Maintenance. The Owner understands and acknowledgeacknowledges that those certain aspects of the maintenance, operation and use of the Development, including drainage, infrastructure, landscaping, and sidewalks (“Owner Maintained Public Improvements”), as delineated on Sheets C1.0 – C6.0 – Phase 1 & Phase 2 of the Development Plan and incorporated herein, require maintenance by Owner. (a) Except in the event such liability arises from the action or omission of Town or its officials, agents, representatives, employees, inspectors, including independent third- party inspectors, contractors, and successors and assigns, but without waiving governmental immunity, the Owner agrees that the Town is not liable, and will not assume any liability, responsibility, or costs for any damage, maintenance, or repair of any Owner Maintained Public Improvements erected or maintained by the Owner under this Agreement. (b) If the Owner fails to maintain the Owner Maintained Public Improvements, the Town may perform the necessary maintenance and/or repair, as determined by the Town in its sole discretion, after providing at least thirty (30) days written notice to the Owner detailing the necessary maintenance and/or repair. If, after the remedy period set in the notice, the Owner fails to perform the necessary maintenance and/or repair, the Town may perform such maintenance and/or repair. The actual costs of the maintenance and/or repair, together with a fifteen percent (15%) charge for administration, shall be assessed against the Property. The Town shall send a notice of assessment to the Owner and upon the expiration of the thirty (30) period provided in such notice, the costs, including the administrative charge, shall be a lien upon the Property. If the assessment is not paid within thirty (30) days of the lien, the Town may impose interest upon such costs and upon the administrative charge, at the rate of eighteen percent (18%) per year. All costs, interest and charges, including the costs of collection, may be certified to the County Treasurer and collected in the same manner as taxes. ATTACHMENT B: Frontgate COMPARISON ARTICLE VII SUBDIVISION 7.1 Future Subdivision. Before acceptance of the Public Improvements, the Owner shall submit a complete application for a subdivision of land pursuant to the Avon Municipal Code. Easements for Public Improvements shall be provided for public pedestrian usage of the sidewalk, and for the usage of the stormwater and drainage improvements for their intended purposes. 7.2 Timeshare Amenities Fee. Though not currently permitted, in the event future zoning provides for such use, if any portion of the property is turned into timeshare intervals, vacation membership or other similar program, the applicable amenity fee per timeshare interval as set forth in Exhibit A hereto shall be paid by the Owner for each interval period created e.g., if one week ATTACHMENT B: Frontgate COMPARISON intervals, then for each week or, if calendar quarter intervals, then for each calendar quarter. Such fee shall be due prior to the conveyance of the first timeshare interest is sold to a third party. 7.2 Community Housing Units. Owners agrees to construct, as part of Phase 1 of the Development, two (2) three-bedroom units, consisting of not less than 1,375 square feet for each unit. The use of such units shall be restricted to Community Housing (as that term is defined in the Municipal Code) in accordance with such deed restrictions as approved by the Town Council, in Town Council’s sole discretion. The form a deed restriction shall be finalized and approved by Avon Town Council prior to the date of a certificate of occupancy or temporary certificate of occupancy, whichever is earlier, for Phase 1 of the Development. ARTICLE VIII RESTORATION OF SITE 8.1 Restoration Due to Inactivity. Unless a building permit extension is granted in writing by the building official upon justifiable cause demonstrated by the Owner, the building permit shall become invalid after 180 days of suspended work. If the building permit becomes invalid, the Owner shall restore the site to the condition the site was in at the time of issuance of the building permit (subject to changes reasonably necessary for public safety or preservation of land and adjoining land, or to prevent waste) within thirty (30) days from the date of notice by the Town that restoration is required. Upon restoration of the Property in accordance with this Article and to the reasonable satisfaction of the Town, this Agreement shall automatically terminate. 8.2 Restoration Funds. The Town currently holds funds deposited by the Owner in the amount of $209,475.00 as security for any possible future required restoration. If the obligation to restore arises (i.e., if the permit becomes invalid) and if the Owner thereafter fails to restore the Property in compliance with this Article and to the Town’s satisfaction, the Town may use such funds to cover the costs of any required restoration work. The Town shall maintain an accounting of such costs and once restoration work is completed, the Town shall return any remaining funds along with such accounting. If the funds are insufficient to perform the restoration work, the Owner, upon demand from the Town, shall deposit additional required funds as determined by the Town. If the Owner fails to provide such funds, the Town’s costs of restoration over the amount of funds current held, shall be a lien upon the Property to be collected in the same manner as property tax and the Town may certify such amount to the County Assessor for collection, including an additional 10% imposed by the Town for costs of collection. 8.3 Return of Funds. After the issuance of a final Certificate of Occupancy for Phase 1 of the Development, the Town shall refund 50% of the restoration funds to the Owner. After the issuance of a final Certificate of Occupancy for the last building to be constructed within the Development, the Town shall refund the remaining resorations funds to the Owner. ARTICLE IX DEFAULTS, REMEDIES AND TERMINATION ATTACHMENT B: Frontgate COMPARISON 9.1 Default by Town. A “breach” or “default” by the Town under this Agreement shall be defined as the Town’s failure to perform its obligations under this Agreement, after the applicable cure period described in Section 9.3, below. 9.2 Default by Owner. A “breach” or “default” by the Owner shall be defined as the Owner’s failure to fulfill or perform any obligation of the Owner contained in this Agreement following the applicable cure period described in Section 9.3, below, or the Owner’s failure to fulfill or perform any obligation of the Owner contained in any other written agreement relating to the Property between the Town and the Owner or the Town following any applicable cure period contained in such agreement. The failure by the Owner to cause the Association to collect and remit the timeshare amenities fee to the Town as provided in Section 7.2 shall constitute a default by the Owner. ATTACHMENT B: Frontgate COMPARISON 9.3 Notices of Default. In the event of a default by either Party under this Agreement, the non- defaulting Party shall deliver written notice to the defaulting Party of such default, at the address specified in Section 11.6, and the defaulting Party shall have five (5) days for monetary obligations and thirty (30) days for non-monetary obligations from and after receipt of such notice to cure such default. With respect to non-monetary obligations, if such default is not of a type that with the exercise of reasonable diligence can be cured within such thirty (30) day period and the defaulting Party gives written notice to the non- defaulting Party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting Party shall have a reasonable period of time up to one hundred eighty (180) days given the nature of the default to cure such default, provided that such defaulting Party is at all times within such additional time period actively and diligently pursuing such cure. 9.4 Remedies for Default by Town. If a default by Town under this Agreement is not cured as described in Section 9.3, the Owner shall have the right to enforce the Town’s obligations by an action for any equitable remedy, including, without limitation, injunction or specific performance or an action to recover damages. Each remedy in this Section 9.4 is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. 9.5 Remedies for Default by the Owner or Association. If any default by the Owner or the Association under this Agreement is not cured as described in Section 9.3, the Town shall have the right to enforce the Owner’s or the Association’s obligations hereunder by an action for any equitable remedy, including injunction or specific performance, or an action to recover damages. Each remedy in this Section 9.5 is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. In addition, if a default of this Agreement by the Owner or the Association also constitutes a violation of the Code and non- compliance with the Development Plan for this Property then the Town shall have all enforcement rights as described in the Code and other applicable sections of the Code concerning enforcement and penalties for violations, as the Code may be amended from time to time. 9.6 Mediation. The Parties agree that prior to submitting any controversy or claim arising out of or relating to this Agreement, including, without limitation, any breach, default, or interpretation hereof, to a legal process, and as a prerequisite to initiating any legal process, the Parties shall attempt to resolve the controversy or claim in good faith in accordance with the procedures stated in this Section 9.6. The Party asserting the breach, default, controversy, or claim shall first provide written notice to the other Party, citing this Section 9.6, and requesting consideration by the other Party to resolve the controversy or claim. The Parties shall use reasonable efforts to resolve the dispute within thirty (30) days from the date of the notice commencing this process. If the dispute is not resolved within thirty (30) days of the date of the notice, or by such longer period as may be mutually agreed by the Parties, then either Party may initiate a legal action. At any time after the written notice citing Section 9.6, the Parties may mutually agree to appoint an independent neutral third party (the “Mediator”) to assist them in resolving the dispute. In such an instance, (i) each Party agrees to provide the Mediator access to all relevant and non-privileged documents and may impose reasonable confidentiality provisions; ATTACHMENT B: Frontgate COMPARISON (ii) the Parties may make representations and submissions to the Mediator but there shall be no formal hearing unless the Mediator requires a formal hearing and provides a written notice to the Parties; (iii) the Mediator shall make his recommendations in writing as soon as is reasonably ATTACHMENT B: Frontgate COMPARISON 9.6 possible but not later than thirty (30) days following the receipt of representations and submissions by each Party; (iv) the Mediator’s recommendation shall not be binding upon the Parties, but would become binding upon the Parties if voluntarily accepted by both Parties in writing; and (v) the fees of the Mediator shall be paid equally by the Parties. Following receipt by the Parties of the recommendations made by the Mediator, the Parties shall have ten (10) days, or such longer period as may be mutually agreed by the Parties, to accept said recommendation or a mutually acceptable alternative. Submission of the dispute to the Mediator shall be deemed by the Parties to toll the applicable statute of limitations until the mediation process is concluded. ARTICLE X ASSOCIATION MATTERS 10.1 Formation of Association. The Owner shall form the Association upon completion ofprior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy for the first building to be constructed within the Development and prior to any occupancy thereof; provided, however, that in the event that the Association has not been formed as required, the Owner shall be liable for all obligations of the Association hereunder until such time as the Association is formed. Until such time as the Owner no longer controls the Association pursuant to State law, Owner shal remain liable for all obligations of both the Owner and the Association pursuant to this Agreement. 10.2 Association Deemed to be Owner. In addition to the rights and obligations of the Association, as specifically stated in this Agreement, at such a time as the Association is formed, except for any right of Owner to a refund of any deposit or other monetary security held by Town hereunder, the Association shall be deemed to be the Owner with respect to the provisions, rights, and obligations of this Agreement. The provisions of any other Section of this Agreement necessary to give effect to the Association’s rights and obligations under the foregoing Articles and Sections shall also be deemed to control. 10.210.3 Indemnification of Town. The Association shall indemnify and hold harmless the Town for Owner Maintained Public Improvements. The Association Governing Documents will contain a provision stating that the Association shall be subject to this Agreement as provided herein, and recite the Association’s obligations in this Agreement, including the obligation to indemnify the Town, as described herein. In addition, the Association Governing Documents shall state that the Town is a limited third-party beneficiary solely for the purpose of enforcing the performance of the Association’s agreementsobligations under Section 4.1 and Article VI of this Agreement. 10.3 The Association Governing Documents will contain an acknowledgement and disclosure to each owner of a time-share in the Development (“Time-share Owner”) that, in the event the Time-share Owner shall rent its time-share period, the Time-share Owner or its rental management company must obtain a Town business license and the Public Accommodations Tax shall apply to such rental as described in the Code. 10.4 Approval of Governing Documents. Owner shall submit the Association Governing ATTACHMENT B: Frontgate COMPARISON Document for review and approval by the Town as to those matters described in this Section 10 prior to recordation of the Association’s Governing Documents. The Association Governing Documents shall be submitted to the Town prior to the issuance of a certificate of occupancy or temporary certificate of occupancy, whichever is earlier, for Phase 1 of the Development. 10.410.5 Default by Owner or Association. Any failure of the Association Governing Documents to contain and maintain the provisions required by this Agreement shall be a default by the Owner and the Association under this Agreement, and the Town shall be entitled as a remedy therefor to obtain an order for reformation of the Association Governing Documents so that they are in compliance with this Agreement. 10.6 Amendments to Association’s Governing Documents. As to those matters described in Section 10, any future amendments to the Association Governing Documents shall require the written consent of the Town. ARTICLE XI MISCELLANEOUS 11.1 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. ATTACHMENT B: Frontgate COMPARISON 11.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and the Owner, and nothing contained in this Agreement shall be construed as making the Town and the Owner joint venturers or partners. 11.3 Applicability of Avon Municipal Code. All matters not covered by this Agreement are controlled by the Code to the extent applicable. This Agreement does not prevent the Town from imposing additional requirements not inconsistent with this Agreement as conditions for approval of a subdivision or the granting of a building permit. 11.4 Waiver. No waiver of one or more of the terms of this Agreement shall be effective unless in writing. No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. 11.5 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long at the intent of this Agreement is not frustrated. 11.6 Notices. Any notice or communication required or permitted under the terms of this Agreement shall be in writing, may be given by the Parties hereto or such Party’s respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient(s), by whatever means; (ii) three (3) business days after the same is deposited in the United States Mail, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via electronic mail to intended recipient’s electronic mail address, provided below. Any notice shall be delivered, mailed, or sent, as the case may be, to the appropriate address set forth below: If to Town: Town of Avon Attention: Town Manager P.O. Box 975 Avon, Colorado 81620 Telephone: 970-748-4004 Email : townmanager@avon.org And: Town of Avon Attention: Town Manager Attorney P.O. Box 975 Avon, Colorado 81620 ATTACHMENT B: Frontgate COMPARISON Telephone: 970-748-4005 4001 Email : eheil@avon.orgtownattorney@avon.org And: Town of Avon Attention: Paul Wisor 0070 Benchmark Road, Unit 104 PO Box 5450 Email: pwisor@garfieldhecht.com If to Owner: Colorado World Resorts, LLC 6460 S Quebec St, Building 5, Centennial, CO 80111 Attn: Ranko Mocevic ATTACHMENT B: Frontgate COMPARISON If to Owner: BGV Avon LLC Attention: Graham Frank 100 S. Main Street, P.O. Box 6879 Breckenridge, Colorado 80424 Email: gfrank@breckenridgegrandvacations.com And: Les Roos Leslie J. Roos, LLC 303-916-7145 5555 DTC Parkway Suite 340 Greenwood VillageJohn Palmquist GC Legal Strategies 2520 S. St. Paul St. Denver, Colorado 80111 80210 Email: les@lesroos.comjohn@jpalmquistlaw.com Each Party may change its addresses and/or email addresses for notices pursuant to a written notice that is given in accordance with the terms hereof. As used herein, the term “business day” shall mean any day other than a Saturday, a Sunday or a legal holiday for which U.S. Mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 11.7 Amendment of Agreement. For the purpose of any amendment to this Agreement, “Owner” shall mean only the Owner as defined herein and those parties, if any, who have specifically been granted, in writing by the Owner, the power to enter into such amendments. No amendment to this Agreement shall be valid unless signed in writing by Owner and Town. 11.8 Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest or the legal representatives of the Parties hereto. The Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement: (a) to the Association; and (b) to an entity or entities formed for the purpose of developing the Property which are managed by an affiliate of the Owner and comprised of affiliates of the Owner. Further, the Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property, including, but not limited to, purchasers or long-term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property. Notwithstanding the forgoing, any assignee shall fully assume in writing all obligations of the Owner assigned to such assignee and Owner must obtain the Town’s written consent to such assignment, which consent will not be unreasonably withheld or delayed if the Owner has reasonably demonstrated to the Town that the assignee has the financial capability to perform the obligations under this Agreement ATTACHMENT B: Frontgate COMPARISON so assigned. In no event shall any time-share Owner be individually liable for any obligations of the Owner or the Association pursuant to this Agreement. Nothing in this Section shall be deemed to limit or in any way restrict the sale or other conveyance of property within the Property. 11.9 Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Any electronically delivered counterparts shall have the same force and effect as an “ink-signed” original. 11.10 No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to ATTACHMENT B: Frontgate COMPARISON 11.10 the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes... [SIGNATURE[EXECUTION PAGE FOLLOWS] ATTACHMENT B: Frontgate COMPARISON ATTACHMENT B: Frontgate COMPARISON IN WITNESS WHEREOF, the Owner and the Town have executed this Agreement as of the date first written above. TOWN: ATTEST By:_ BY:_________________________________ ATTEST:__________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: BY:_________________________________ Karl Hanlon, Town Attorney OWNER: By:_ : Its: STATE OF COLORADO ) ) ss. COUNTY OF__________________ ) Acknowledged before me this ____ day of , 20 , _______________ 2021, by ____________________ as _________________ ___ of COLORADO WORLD RESORTSBGV Avon, LLC., a Colorado corporationlimited liability company, on behalf of the corporation.limited liability company. My commission expires: ATTACHMENT B: Frontgate COMPARISON ______________________________________ Notary Public As to Article V of the Agreement only: AUTHORITY: ATTEST: , Secretary ATTACHMENT B: Frontgate COMPARISON EXHIBIT A AMENITY FEES Amenities Fee. Commencing as of a first-time sale and conveyance of a Fractional Interest to a third-party purchaser and continuing in perpetuity with respect to such Fractional Interest, the Owner or property owner's association for any Fractional Interest Ownership subdivision within the Colorado World Resorts condominium project ("Association") is obligated to collect from each Fractional Interest Owner and remit to the Town on a semi-annual basis an Amenities Fee in the initial amount of $39.30 per year per Fractional Interest or the equivalent if conveyed in some Fractional Interest other than a one-week period. The Owner is exempt from the obligation for the Amenities Fee until the first-time sale of a Fractional Interest. The provisions for the obligation for each Fractional Interest Owner to pay shall be a covenant running with the land and reflected accordingly on the Resubdivision Plat and Association covenants. Prior to the assignment of this Agreement to an Association, the Owner shall be obligated to collect and remit any and all Amenities Fees. The amount of the semi-annual payments will be calculated according to the following formula: Number of existing or newly deeded fractional interests per semiannual period (January- June, calculated as of June 1, and July-December calculated as of December 1), multiplied by an amount equivalent to $39.30 per weekly interest (as adjusted by CPI-U, as defined below), divided by 2. The due dates for the semiannual payment are August 20 and February 20 for the previous semiannual calculation period. On January 1, 2020, and on the first day of each year thereafter, the amount of the fee shall be increased, but not decreased, by the percentage increase from the prior year average consumer price index for All Urban Consumers for the Denver-Boulder-Greeley metropolitan area as published semiannually and appearing in the January and July issues of the CPI Detailed. Report published by the Bureau of Labor Statistics (the "CPI-U"). In the event that the CPI-U remains the same as the prior year or decreases from the prior year, the amount of the fee shall not be adjusted for that year. It shall be the duty of the Association to keep and preserve such records as are necessary to determine the amount of fees due hereunder. Such records shall be preserved for a period of three years and shall be open for inspection by representatives of the Town during regular business hours. Prior to the formation of the Association, the Owner shall have the above-referenced obligation to keep and preserve such records. If a remittance to the Town is delinquent, or the remittance is less than the full amount due, the Town shall make a written demand of the amount due and deliver or mail the same to the office of the Association. The amount properly determined to be owing shall bear interest from the due date ATTACHMENT B: Frontgate COMPARISON Development Agreement: BGV Avon LLC – Town of Avon October 26, 2021 Page 31 of 31 of the remittance at the rate of one and one-half percent per month until paid. Prior to formation of the Association such written demand will be delivered to the Owner. BY:___________________________________ ATTEST:___________________________ ATTACHMENT B: Frontgate COMPARISON 970.748.4413 mpielsticker@avon.org TO: FROM: RE: DATE: Honorable Mayor Smith Hymes and Council Matt Pielsticker, Planning Director Professional Service Agreement with 2575 Design Co. Swift Gulch Housing Project October 18, 2021 SUMMARY: The Town Council is asked to authorize Mayor Smith Hume to sign a Professional Service Agreement (“PSA”) for Architecture, Engineering, and Price Estimating Services for the Swift Gulch housing project, with 2757 Design Co. This request follows a Request for Proposal (“RFP”) process and interviewing multiple design teams. The attached PSA (“Attachment A”) includes design services for the project. At the conclusion of this design phase, the project scope will be fully defined, and construction documentation will follow. BACKGROUND: The concept for housing at Swift Gulch originated in a 2015 planning effort where multiple Town properties and facilities were being studied. The Swift Gulch Master Plan Update identified the “upper bench” of Swift Gulch as a candidate for housing. In 2018, the Town-Owned Properties Plan the Community Housing Plan solidified interest and direction in pursuing a project on this parcel. On July 30, 2021, a RFP was posted to bidnet direct to solicit interested firms and teams with experience planning and designing Community Housing projects. Of the proposals received, staff narrowed the field to four (4) firms to interview. An interview and selection committee was established, including: Councilor Lindsay Hardy, Town Manager Eric Heil, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, and Eagle County Resiliency Director Tori Franks. The range of relevant experience, creative expertise and ability to work successfully in a public process to develop the site varied across the firms. 2757 Design Co (and assembled team) was selected as the preferred firm based on approach, depth of experience and programming expertise housing projects. Of particular interest was their recent local experience assisting the Eagle County School District through a similar process and project. Staff then worked with the firm to modify the services to contemplate a front- loaded design process to develop block diagrams and density study to better understand the Swift Gulch capacity. After the initial site design alternatives are developed (December), the potential public partnerships will reconvene in early 2022 to analyze and confirm project direction. SCHEDULE: The design process is expected to take approximately six months. As mentioned, we envision a pause once enough material is provided to fully understand potential size and scale of a project, so that stakeholders have the chance to ‘buy in’ and the Town can execute any contemporaneous agreements. Upon completion of the design services, a presentation will be made to Town Council for approval and then construction documentation can proceed under a separate contract. PROJECT FUNDING: While partnerships are in the infancy stage, it is anticipated that other agencies will be interested and able to contribute to a project based upon agreed to terms and inventory after construction. Staff will begin modeling financing mechanisms, expected revenue, and a complete construction proforma as data is available. The Federal Recovery Funds will be evaluated for potential use, in particular for front end utility work that would be necessary to connect the site with nearby facilities. Page 2 of 3 PROJECT SITE: The project site measures approximately 2 acres. Surrounding the site is open space to the west, north, and east. The regional transportation facility and fleet maintenance building are nearby to the south. Various public works functions originate in the vicinity: cinder storage, covered equipment storage, parking, etc. The site may be reduced on the south side to allow for construction of additional Public Works facilities and improvements, which may include covered or indoor garage storage for snow plows and covered storage for cinders. SCOPE OF SERVICES: Services are detailed in Exhibit A to the PSA, and generally include: (a) Site Planning & Charrette: Site driveway access, parking, Public Works vehicle storage, cinder storage, and site/building programming for the intended uses. (b) Civil Engineering: Utility design and opinion of probable cost for utility extensions for full build out of the site. JVA provides these professional services. (c) Concept Plans & 3D Modeling: Graphic studies and concept plans for full buildout and potential phasing of the construction. Concept Plans will include building footprints, building elevations, preliminary site layout including parking, grading, utilities, drainage and retaining walls, 3-D studies, and site cross sections. Page 3 of 3 (d) Analysis of Alternatives: Analysis of potential alternatives and concepts (e) Cost Estimating: Assistance with determining reasonable costs ranges at varies stages of design and development. Services provided by Johan Kemp Estimating Services, Inc. OPTIONS: • Approve PSA as drafted; or • Approve PSA with modifications; or • Continue action until future meeting date. RECOMMENDED MOTION: “I motion to approve the PSA for 2757 Design Co. to complete Architectural, Engineering, and Cost Estimating services for the Swift Gulch Housing Project.” Thank you, Matt ATTACHMENT A: Professional Service Agreement for 2757 Design Co. PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 1 of 14 2021 Professional Service Agreement Project/Services Name: Swift Gulch Housing Design THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) dated as of Oct. 26, 2021 is entered into by and between Two Seven Inc. dba: 2757 design co, an architectural design firm, licensed with the State of Colorado, whose business address is 417 Main St Suite Y (PO Box 1764) (“Contractor”) and the Town of Avon, Colorado, a home rule municipality of the State of Colorado (“Town” and, together with the Contractor, “Parties”). RECITALS AND REPRESENTATIONS WHEREAS, the Town desires to have performed certain professional services as described in this Agreement; and WHEREAS, the Contractor represents that the Contractor has the skill, ability, and expertise to perform the services described in this Agreement and within the deadlines provided by the Agreement; and WHEREAS, the Town desires to engage the Contractor to provide the services described in this Agreement subject to the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, the Parties mutually agree as follows: 1.0 SERVICES AND CONTRACTOR PERFORMANCE 1.1 Services and Work Product. As directed by and under the supervision of the Town Manager for the Town of Avon, the Contractor shall provide the Town with the services described in Exhibit A, attached hereto and incorporated herein (“Services”). For purposes of this Agreement, “Work Product” shall consist of deliverables and/or product to be created, provided or otherwise tendered to the Town as described in the Services. 1.2 Changes to Services. At any time the Town may request a change or changes in the Services. Any changes that are mutually agreed upon between the Town and the Contractor shall be made in writing and upon execution by both Parties shall become an amendment to the Services described in this Agreement. To be effective, any written change must be signed by the Contractor and by the Avon Town Council (“Town Council”). 1.3 Independent Contractor. The Contractor shall perform the Services as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee or other relationship with the Town other than as a contracting party and independent contractor. The Town shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor’s employees, sub- Attachment A PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 2 of 14 consultants, contractors, agents, or representatives, including coverage or benefits related but not limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or health; professional liability insurance, errors and omissions insurance; or retirement account contributions. 1.4 Standard of Performance. In performing the Services, the Contractor shall use that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing in the State of Colorado. Contractor represents to the Town that the Contractor is, and its employees performing such Services are, properly licensed and/or registered within the State of Colorado for the performance of the Services (if licensure and/or registration is required by applicable law) and that the Contractor and employees possess the skills, knowledge, and abilities to competently, timely, and professionally perform the Services in accordance with this Agreement. 1.5 Patent Indemnification. Contractor shall indemnify, defend and hold Town harmless from any and all claims, demands, and causes of action (including reasonable attorneys’ fees and costs of suit) for actual or asserted infringement or actual or asserted appropriation or use by Town of trade secrets, proprietary information, know-how, copyright rights, or patented inventions included in any design or specification furnished by Contractor or arising from the use or sale of materials, equipment, methods, processes, designs and information, furnished by Contractor in connection with the Services. Contractor shall include the foregoing indemnification provision as a term of each agreement utilized by it in the performance of its work which shall extend expressly from the vendor or subcontractor to Town. 1.6 Safety. When and to the extent that Contractor or any of its employees, agents or subcontractors are working under the terms of this Agreement, Contractor will comply, and cause all its employees, agents and subcontractors to comply, with applicable safety rules and security requirements. 1.7 Qualified Personnel. Contractor will make available all qualified Contractors, drafters, technical and clerical personnel necessary to fulfill its obligations under this Agreement. Prior to commencement of work, Contractor will provide Town with the names of all Contractor personnel and their then current hourly rates, if applicable, whose services are to be employed in performance of the Services. Removal or re- assignment of personnel by Contractor will only be done with prior written approval of Town, which approval shall not be unreasonably withheld. 1.8 Removal of Personnel by Town. Town may, in its discretion, require Contractor to dismiss from performance of the Services any personnel of Contractor or any subcontractor for any reason, effective upon written notice from Town of such dismissal. Town will not be required to pay salary, or any other costs associated with dismissed personnel effective upon Contractor’s receipt of notice to dismiss from Town. 1.9 Representations and Warranties. Contractor represents and warrants that the Services will be performed in a manner consistent with other reasonable professionals providing similar services under similar circumstances. Contractor will complete the Services in accordance with the Agreement and applicable United States laws, regulations, ordinances, and codes in existence at the time the Agreement is executed. 1.10 Maintenance of and Access to Records. Contractor will maintain detailed records of all matters relating to the Services during the term of the Agreement and for a period after its cancellation or termination of not less than five (5) years. Town will have the right to copy and audit during regular business PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 3 of 14 hours all records of any kind which in any way relate to the Services, whether created before, during or after the termination of this Agreement. Access to such records will be provided to Town at no cost. 1.11 Colorado Open Records Act. The parties understand that all material provided or produced under this Agreement may be subject to the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. In the event of the filing of a lawsuit to compel such disclosure, the Town shall inform the Contractor and will tender all such material to the court for judicial determination of the issue of disclosure and the Contractor agrees to intervene in such lawsuit to protect and assert its claims of privilege and against disclosure of such material or waive the same 1.12 Disclosure of Adverse Information. Contractor will promptly disclose to Town any and all information which Contractor may learn, or which may have a material adverse impact on the Services or the Work Product or Town’s ability to utilize the Work Product in the manner and for the purpose for which the Work Product is intended. 2.0 COMPENSATION 2.1 Commencement of and Compensation for Services. Following execution of this Agreement by the Town, the Contractor shall be authorized to commence performance of the Services as described in Exhibit A subject to the requirements and limitations on compensation as provided by this Section 2.0 COMPENSATION and its Sub-Sections. A. Time and Materials Contract – Not to Exceed Amount. The Contractor shall perform the Services and shall invoice the Town for work performed based on the rates and/or compensation methodology described in Exhibit A. Total compensation (including all reimbursable expenses) shall not exceed One Hundred Sixty-Nine Thousand, Nine Hundred and Twenty-Five Dollars ($151,512.00). B. Reimbursable Expenses. The following shall be considered “reimbursable expenses” for purposes of this Agreement and may be billed to the Town without administrative mark-up but which must be accounted for by the Contractor and proof of payment shall be provided by the Contractor with the Contractor’s monthly invoices: • Vehicle Mileage (billed at not more than the prevailing per mile charge permitted by the Internal Revenue Service as a deductible business expense) • Printing and Photocopying Related to the Services • Charges incidental to securing needed information (e.g., charges imposed to obtain recorded documents) • Postage and Delivery Services • Lodging and Meals (only with prior written approval of the Town as to dates and maximum amount permitted) C. Non-reimbursable Costs, Charges, Fees, or Other Expenses. Any fee, cost, charge, fee, or expense incurred by the Contractor not otherwise specifically authorized by this Agreement shall be deemed a non-reimbursable cost and shall be borne by the Contractor and shall not be billed or invoiced to the Town and shall not be paid by the Town. PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 4 of 14 D. Increases in Compensation or Reimbursable Expenses. Any increases or modification of compensation or reimbursable expenses shall be subject to the approval of the Town and shall be made only by written amendment of this Agreement executed by both Parties. 2.2 Payment Processing. The Contractor shall submit invoices and requests for payment in a form acceptable to the Town. Invoices shall not be submitted more often than once each month unless otherwise approved by this Agreement or in writing by the Town. Unless otherwise directed or accepted by the Town, all invoices shall contain sufficient information to account for all Contractor time (or other appropriate measure(s) of work effort) and all authorized reimbursable expenses for the Services during the stated period of the invoice. Following receipt of a Contractor’s invoice, the Town shall promptly review the Contractor’s invoice. 2.3 Town Dispute of Invoice or Invoiced Item(s). The Town may dispute any Contractor time, reimbursable expense, and/or compensation requested by the Contractor described in any invoice and may request additional information from the Contractor substantiating any and all compensation sought by the Contractor before accepting the invoice. When additional information is requested by the Town, the Town shall advise the Contractor in writing, identifying the specific item(s) that are in dispute and giving specific reasons for any request for information. The Town shall pay the Contractor within forty-five (45) days of the receipt of an invoice for any undisputed charges or, if the Town disputes an item or invoice and additional information is requested, within thirty (30) days of acceptance of the item or invoice by the Town following receipt of the information requested and resolution of the dispute. To the extent possible, undisputed charges within the same invoice as disputed charges shall be timely paid in accordance with this Agreement. Payment by the Town shall be deemed made and completed upon hand delivery to the Contractor or designee of the Contractor or upon deposit of such payment or notice in the U.S. Mail, postage pre-paid, addressed to the Contractor. 3.0 CONTRACTOR’S GENERAL RESPONSIBILITIES 3.1 The Contractor shall become fully acquainted with the available information related to the Services. The Contractor is obligated to affirmatively request from the Town such information that the Contractor, based on the Contractor’s professional experience, should reasonably expect is available and which would be relevant to the performance of the Services. 3.2 The Contractor shall perform the Services in accordance with this Agreement and shall promptly inform the Town concerning ambiguities and uncertainties related to the Contractor’s performance that are not addressed by the Agreement. 3.3 The Contractor shall provide all the Services in a timely and professional manner. 3.4 The Contractor shall promptly comply with any written Town request from the Town or any of the Town’s duly authorized representatives to reasonably access and review any books, documents, papers, and records of the Contractor that are pertinent to the Contractor’s performance under this Agreement for the purpose of the Town performing an audit, examination, or other review of the Services. 3.5 The Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations, and resolutions. 3.6 The Contractor shall be responsible at the Contractor’s expense for obtaining, and maintaining in a valid and effective status, all licenses and permits necessary to perform the Services unless specifically stated otherwise in this Agreement. PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 5 of 14 4.0 TERM AND TERMINATION 4.1 Term. The provision of services under this Agreement shall commence on 10/26/2021 and will terminate on 6/01/2022; provided, however, under no circumstances will the Term exceed the end of the current Town Fiscal year (January 1 – December 31). The Contractor understands and agrees that the Town has no obligation to extend this Agreement’s term, or contract for the provision of any future services, and makes no warranties or representations otherwise. Notwithstanding the foregoing,; the Parties may mutually agree in writing to the monthly extension of this Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the Town Council and the Contractor and such extension does not alter or amend any of the terms or provisions of this Agreement. 4.2 Continuing Services Required. The Contractor shall perform the Services in accordance with this Agreement commencing on the Effective Date until such Services are terminated or suspended in accordance with this Agreement. The Contractor shall not temporarily delay, postpone, or suspend the performance of the Services without the written consent of the Town Council. 4.3 Town Unilateral Termination. This Agreement may be terminated by the Town for any or no reason upon written notice delivered to the Contractor at least ten (10) days prior to termination. In the event of the Town’s exercise of the right of unilateral termination as provided by this paragraph: A. Unless otherwise provided in any notice of termination, the Contractor shall provide no further services in connection with this Agreement after receipt of a notice of termination; and B. All finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Agreement shall be delivered by the Contractor to the Town and shall become the property of the Town; and C. The Contractor shall submit to the Town a final accounting and final invoice of charges for all outstanding and unpaid Services and reimbursable expenses performed prior to the Contractor’s receipt of notice of termination and for any services authorized to be performed by the notice of termination as provided by Sub-Section 4.3(A) above. Such final accounting and final invoice shall be delivered to the Town within thirty (30) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. 4.4 Termination for Non-Performance. Should a party to this Agreement fail to materially perform in accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the performing party if the performing party first provides written notice to the non-performing party which notice shall specify the non-performance, provide both a demand to cure the non-performance and reasonable time to cure the non-performance, and state a date upon which the Agreement shall be terminated if there is a failure to timely cure the non-performance. For purpose of this Sub-Section 4.4, “reasonable time” shall be not less than five (5) business days. In the event of a failure to timely cure a non-performance and upon the date of the resulting termination for non-performance, the Contractor shall prepare a final accounting and final invoice of charges for all performed but unpaid Services and authorized reimbursable expenses. Such final accounting and final invoice shall be delivered to the Town within fifteen (15) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. Provided that notice of non-performance is provided in accordance with this Sub-Section 4.4, nothing in this Sub-Section 4.4 shall prevent, preclude, or limit any claim or action for default or breach of contract resulting from non-performance by a Party. PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 6 of 14 4.5 Unilateral Suspension of Services. The Town may suspend the Contractor’s performance of the Services at the Town's discretion and for any reason by delivery of written notice of suspension to the Contractor which notice shall state a specific date of suspension. Upon receipt of such notice of suspension, the Contractor shall immediately cease performance of the Services on the date of suspension except: (1) as may be specifically authorized by the notice of suspension (e.g., to secure the work area from damage due to weather or to complete a specific report or study); (2) for the submission of an invoice for Services performed prior to the date of suspension in accordance with this Agreement or (3) as required by law. 4.6 Reinstatement of Services Following Town’s Unilateral Suspension. The Town may at its discretion direct the Contractor to continue performance of the Services following suspension. If such direction by the Town is made within thirty (30) days of the date of suspension, the Contractor shall recommence performance of the Services in accordance with this Agreement. If such direction to recommence suspended Services is made more than thirty-one (31) days following the date of suspension, the Contractor may elect to: (1) provide written notice to the Town that such suspension is considered a unilateral termination of this Agreement pursuant to Sub-Section 4.3; or (2) recommence performance in accordance with this Agreement; or (3) if suspension exceeded sixty (60) consecutive days, request from the Town an equitable adjustment in compensation or a reasonable re-start fee and, if such request is rejected by the Town, to provide written notice to the Town that such suspension and rejection of additional compensation is considered a unilateral termination of this Agreement pursuant to Sub-Section 4.3. Nothing in this Agreement shall preclude the Parties from executing a written amendment or agreement to suspend the Services upon terms and conditions mutually acceptable to the Parties for any period of time. 4.7 Delivery of Notice of Termination. Any notice of termination permitted by this Section 4.0 TERM AND TERMINATION and its subsections shall be addressed to the persons identified in Section 9.17 herein and at the addresses provided therein or such other address as either party may notify the other of and shall be deemed given upon delivery if personally delivered, or forty-eight (48) hours after deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested. 5.0 INSURANCE 5.1 Insurance Generally. The Contractor shall obtain and shall continuously maintain during the term of this Agreement insurance of the kind and in the minimum amounts specified in this Sub-Section 5.1. The Required Insurance shall be procured and maintained with insurers with an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor. The Contactor shall secure and maintain the following (“Required Insurance”): A. Worker’s Compensation Insurance in the minimum amount required by applicable law for all employees and other persons as may be required by law. Such policy of insurance, if any, shall be endorsed to include the Town as a Certificate Holder. B. Comprehensive General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000.00) Dollars each occurrence and of Two Million Dollars ($2,000,000.00) aggregate. The policy shall be applicable to all premises and all operations of the Contractor. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 7 of 14 Coverage shall be provided on an “occurrence” basis as opposed to a “claims made” basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees and agents as additional insured parties. C. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury of not less than of One Hundred Thousand Dollars ($100,000.00) each person and each accident and for property damage of not less than Fifty Thousand Dollars ($50,000.00) each accident with respect to each of the Contractor’s owned, hired and non-owned vehicles assigned to or used in performance of the Services. The policy shall contain a severability of interests provision. Such insurance coverage must extend to all levels of subcontractors. Such coverage must include all automotive equipment used in the performance of the Agreement, both on the work site and off the work site, and such coverage shall include non-ownership and hired cars coverage. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees and agents as additional insured parties. D. Professional Liability (errors and omissions) Insurance with a minimum limit of coverage of One Million Dollars ($1,000,000.00) per claim and annual aggregate. Such policy of insurance shall be obtained and maintained for one (1) year following completion of all Services under this Agreement. Such policy of insurance shall be endorsed to include the Town as a Certificate Holder. 5.2 Additional Requirements for All Policies. In addition to specific requirements imposed on insurance by this Section 5.0 INSURANCE and its subsections, insurance shall conform to all of the following: A. For Required Insurance and any other insurance carried by Contractor (“Contractor Insurance”), all policies of insurance shall be primary insurance, and any insurance carried by the Town, its officers, or its employees shall be excess and not contributory insurance to that provided by the Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any insurance whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the Services. The Contractor shall not be an insured party for any Town-obtained insurance policy or coverage. B. For both Required Insurance and Contractor Insurance, the Contractor shall be solely responsible for any deductible losses. C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or property damage arising from completed operations. D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no less than thirty (30) days prior to any cancellation, termination, or a material change in such policy. 5.3 Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously maintain policies of insurance in accordance with this Section 5.0 INSURANCE and its subsections shall not limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the Contractor arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 8 of 14 demand by the Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums against any monies due to the Contractor from the Town pursuant to this Agreement. 5.4 Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to the Town applicable certificates of insurance for all Required Insurance. Insurance limits, term of insurance, insured parties, and other information sufficient to demonstrate conformance with this Section 5.0 INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of insurance shall reference the “Project Name” as identified on the first page of this Agreement. The Town may request, and the Contractor shall provide within three (3) business days of such request a current certified copy of any policy of Required Insurance and any endorsement of such policy. The Town may, at its election, withhold payment for Services until the requested insurance policies are received and found to be in accordance with the Agreement. 6.0 OWNERSHIP OF DOCUMENTS 6.1 Work Product is Property of Town. Upon complete payment for services rendered, the Work Product, as defined in Sub-Section 1.1, shall be deemed work made for hire and made in the course of Services performed under this Agreement and will be the property of Town and shall be considered as co- owned with Contractor. Town will have the right to use, reproduce, and distribute the Work Product, in whole or in part, or combine the Work Product with other matter, or not use the Work Product at all, as it sees fit. Any reuse of the Work Product produced under this Agreement for any purpose not directly related to this Agreement will be at the sole risk of Town. The use of the Work Product shall be limited to use for the project and property specified and may not be re-used elsewhere or sold to third parties. 6.2 Obligations of Contractor’s Personnel and Subcontractors. Contractor warrants it has enforceable written agreements with all of its personnel and subcontractors to be involved in performing the Services that: A. assign to Contractor ownership of all patents, copyrights and other proprietary rights created in the course of their employment or engagement; and B. obligate such personnel or subcontractors, as the case may be, upon terms and conditions no less restrictive than are contained in this Section 6.0 OWNERSHIP OF DOCUMENTS, not to use or disclose any proprietary rights or information learned or acquired during the course of such employment or engagement including, without limitation, any Work Product, all Contractor property and any other information pursuant to this Section 6.0 OWNERSHIP OF DOCUMENTS. 6.3 Assignment of Proprietary Rights. To the extent that any title to any Work Product may not, by operation of law, vest in Town, or such Work Product may not be considered to be work made for hire, Contractor hereby irrevocably transfers and assigns to Town in perpetuity all worldwide right, title and interest in and to the patent rights, copyrights, trade secrets and other proprietary rights in and ownership of, the Work Product. 6.4 Town Furnished Information. Title to all materials and all documentation furnished by the Town to Contractor will remain in the Town. Contractor will deliver to the Town any all Work Product and property, including copies thereof on whatever media rendered, upon the first to occur of: A. the Town’s written request; or B. completion of the Services under this Agreement; or PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 9 of 14 C. termination of this Agreement. 6.5 The Contractor waives any right to prevent its name from being used in connection with the Services. 7.0 CONFLICT OF INTEREST The Contractor shall refrain from providing services to other persons, firms, or entities that would create a conflict of interest for the Contractor with regard to providing the Services pursuant to this Agreement. The Contractor shall not offer or provide anything of benefit to any Town official or employee that would place the official or employee in a position of violating the public trust as provided by C.R.S. §24-18-109, as amended, the Avon Town Code of Ethics, as amended or the Town’s ethical principles. 8.0 REMEDIES In addition to any other remedies provided for in this Agreement, and without limiting its remedies available at law, the Town may exercise the following remedial actions if the Contractor substantially fails to perform the duties and obligations of this Agreement. Substantial failure to perform the duties and obligations of this Agreement shall mean a significant, insufficient, incorrect, or improper performance, activities or inactions by the Contractor. The remedial actions include: 8.1 Suspend the Contractor’s performance pending necessary corrective action as specified by the Town without the Contractor’s entitlement to an adjustment in any charge, fee, rate, price, cost, or schedule; and/or 8.2 Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; and/or 8.3 Deny payment for those services which have not been satisfactorily performed, and which, due to circumstances caused by the Contractor, cannot be performed, or if performed would be of no value to the Town; and/or 8.4 Terminate this Agreement in accordance with this Agreement. The foregoing remedies are cumulative and the Town, it its sole discretion, may exercise any or all of the remedies individually or simultaneously. 9.0 MISCELLANEOUS PROVISIONS 9.1 No Waiver of Rights. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. The Town’s approval or acceptance of, or payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by the Town except in writing signed by the Town Council or by a person expressly authorized to sign such waiver by resolution of the Town Council of the Town of Avon, and any written waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver unless specifically stated. 9.2 No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 10 of 14 9.3 Affirmative Action. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 9.4 Binding Effect. The Parties agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns; provided that this Section 9.4 shall not authorize assignment. 9.5 No Third-Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Contractor. Absolutely no third-party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 9.6 Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Town, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. 9.7 Governing Law, Venue, and Enforcement. This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado and the parties consent and agree to the jurisdiction of such courts. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. 9.8 Survival of Terms and Conditions. The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. 9.9 Assignment and Release. All or part of the rights, duties, obligations, responsibilities, or benefits set forth in this Agreement shall not be assigned by Contractor without the express written consent of the Town Council. Any written assignment shall expressly refer to this Agreement, specify the particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not be effective unless approved by resolution or motion of the Town Council. No assignment shall release the Applicant from performance of PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 11 of 14 any duty, obligation, or responsibility unless such release is clearly expressed in such written document of assignment. 9.10 Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 9.11 Integration and Amendment. This Agreement represents the entire and integrated agreement between the Town and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Any amendments to this must be in writing and be signed by both the Town and the Contractor. 9.12 Severability. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 9.13 Incorporation of Exhibits. Unless otherwise stated in this Agreement, exhibits, applications, or documents referenced in this Agreement shall be incorporated into this Agreement for all purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the provisions of this Agreement shall govern and control. 9.14 Employment of or Contracts with Illegal Aliens. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this Agreement, Contractor certifies as of the date of this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the Contractor will participate in the e-verify program or department program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. The Contractor is prohibited from using either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall be required to notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien. The Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving the notice regarding Contractor’s actual knowledge. The Contractor shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The Contractor is required to comply with any reasonable request made by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state law. If the Contractor violates this provision, the Town may terminate this Agreement, and the Contractor may be liable for actual and/or consequential damages incurred by the Town, notwithstanding any limitation on such damages provided by such Agreement. 9.15 Non-Liability of Town for Indirect or Consequential Damages or Lost Profits. Parties agree that the Town shall not be liable for indirect or consequential damages, including lost profits that result from the Town’s declaration that the Contractor is in default of the Agreement, so long as the Town acts in good faith. PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 12 of 14 9.16 Indemnity. To the fullest extent permitted by law, Contractor shall indemnify and defend the Town, its members, affiliates, officers, directors, partners, employees, and agents (collectively referred to as the “Town” for the purposes of this Section 9.16) from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney’s fees (collectively referred to “Losses”), arising out of the performance of the Services, provided that (a) any such claim, damage, loss or expense is caused by any negligent act or omission of (i) Contractor, (ii) anyone directly or indirectly employed by Contractor or (iii) anyone for whose acts Contractor may be liable; and (b) such indemnification shall not apply to the extent that such Losses are caused by the negligence of the Town or other party indemnified hereunder. If Contractor is providing architectural, engineering, or surveying services; design; construction; alteration; repair; or maintenance of any building, structure, highway, bridge, viaduct, water, sewer, or gas distribution system, or other works dealing with construction, or any moving, demolition, or excavation connected with such construction, the extent of Contractor's obligation to indemnify and defend the Town is enforceable only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Contractor or the Contractor's agents, representatives, subcontractors, or suppliers. If the Contractor is a person or entity providing architectural, engineering, surveying, or other design services, then the extent of Contractor's obligation to indemnify and defend the Town may be determined only after the Contractor's liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the Contractor and Town. The indemnification in this Section 9.16 shall be construed to comply with C.R.S. § 13-50.5-102(8) et. seq. 9.17 Notices. Unless otherwise specifically required by a provision of this Agreement any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address set forth below or at such other address as has been previously furnished in writing, to the other Party. Such notice shall be deemed to have been given when deposited in the United States Mail properly addressed to the intended recipient. Written notice may also be provided by electronic mail which shall be deemed delivered when receipt is acknowledged by reply of the recipient. If to the Town: If to the Contractor: Eric Heil, Town Manager Town of Avon 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 eheil@avon.org Erica Stahl Golden, Principal 2757 Design Co 417 Main St. Suite Y (UPS+Fedex) PO Box 1764 (USPS only) Carbondale, CO 81623 erica@2757design.co With Copy to: Town Attorney 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 townattorney@avon.org PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 13 of 14 Matt Pielsticker 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 mpielsticker@avon.org 10.0 AUTHORITY The individuals executing this Agreement represent that they are expressly authorized to enter into this Agreement on behalf of Town of Avon and the Contractor and bind their respective entities. THIS AGREEMENT is executed and made effective as provided above. TOWN OF AVON, COLORADO By: _______________________________ ATTEST: ________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED TO FORM: By:_________________________________ Karl Hanlon, Town Attorney CONTRACTOR: By: Name: Erica Stahl Golden, AIA Position: principal / owner at Two Seven Inc. dba: 2757 design co. PSA-Two Seven Inc. dba: 2757 design co. Oct 26, 2021 Page 14 of 14 EXHIBIT A 2757 design co po box 1764 carbondale, co 81623 2 7 5 7 d e s i g n c o Exhibit A | Oct 20, 2021 Town of Avon – Swift Gulch Employee Housing Project re: Request for Detail on Phases and Deliverables Pre-Contract Phase: Oct 11 – Oct 26, 2021 · Project kick-off meeting w/ Town Staff – completed Oct 11th · Professional Services Agreement (PSA) Review / Approval – in progress · Design Schedule Revisions - Review / Approval - in progress · Creation of CORE team, consisting of Town Staff, select elected officials, representatives of potential housing partners, identify other potential CORE team members and scheduling of weekly meetings · Identify project goals/program by CORE team (incl. Climate Action Goals) · Town Staff to lead effort to evaluate Public Works / Police existing uses/needs at Swift Gulch site · Town Staff to work to define Boundaries of the Site · Design Team to review available site information provided by Town Staff (survey, adjacent soils, debris/mud analysis) · Town Council (TC) Meeting – Oct 26th (contract approval / present potential partnerships project goals + program) Charrette Phase: Oct 27 – Dec 6, 2021 · Pre-charrette: Review of guiding principles, programming, initial spatial and conceptual planning, design character and identify additional site-specific studies · Pre-charrette: Site diagramming for passive design/ sustainable strategies · Pre-charrette: Access diagrams / parking diagrams · Pre-charrette: 3D modeling of Topography (CAD requested from Surveyor on 10/13/21) · Pre-charrette: Precedent project review / image gathering / unit size studies/examples 2757 design co po box 1764 carbondale, co 81623 · Charrette Week – schedule meeting times w/ CORE team providing for time between meetings to allow design progress by Design Team – incl. initial site meeting and ideally 1- 2 in person meetings supported by virtual meetings · Charrette Goals: Options/Alternatives studying Site Fit, Density, Access, Utility connections, Parking, Drainage, Site Amenities, Response to Existing Structures, Passive/Active Sustainable Strategies, Unit mix/ unit design Concepts, Diversity/Character · Post-Charrette Deliverables: Design Team to compile a Charrette Book which graphically organizes and presents the ideas/options/alternatives studied in the pre-charrette and charrette process. Site Photos/ diagrams will be included Partnership / Contributor Feedback Phase: Dec 6, 2021 – Jan 25, 2022 · Drawings/documentation from the Charrette Book will be presented to the potential Partnership Groups and Town of Avon Contributors (Staff, Council / P&Z) in small group meetings to obtain detailed feedback · Produce Sketch Overlays at/after each meeting to document feedback and allow for integration and further develop the Conceptual Plan, increasing level of specificity and graphic quality of overall plan and supporting materials Integration + Cost Estimating Phase: Jan 26 – Mar 2, 2021 · Incorporate feedback from Partnership Groups and Town of Avon Contributors into dimensional concept drawings that can be used for Cost Estimating/Budgeting · Design Team prepare initial cost estimating of final conceptual plans and alternatives Partnership / Contributor Feedback Phase: Feb 28 – Mar 18, 2022 · CORE team to check in on whether project phasing considerations or overall cost savings should be evaluated based on results of cost estimating · Present Concept Design Progress + Cost Estimates to Partnership Groups and Town of Avon Contributors Final Concept Design Deliverables: Mar 18 – Apr 1, 2022 · Integrate any final feedback, cost savings revisions into final concept package · Drawing Package includes Site Plan w/ Concept Grading + Amenities; Building Plans, Elevations, Sections, Unit Plans + Cost Estimating to represent the Conceptual Direction for the Swift Gulch Employee Housing Development 2757 design co po box 1764 carbondale, co 81623 proposed fee schedule + basis for the fee (included in original submitted RFP documents) continued on next page 2757 design co po box 1764 carbondale, co 81623 970.748.4413 mpielsticker@avon.org Staff Recommendation TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, Planning Director RE: PUBLIC HEARING and Second Reading of Ordinance 21-13 Adopting the 2021 Avon Community Housing Plan DATE: October 14, 2021 SUMMARY: The Avon Community Housing Plan (“Plan”) was adopted by Avon Town Council (“Council”) with passage of Ordinance 18-07 Adopting the Avon Community Housing Plan on August 28, 2018. Since adoption, several housing related efforts have taken place. Those activities are summarized below. The purpose of the Plan amendments is to update the Town’s policy direction moving forward with Community Housing projects. Council initiated the process to update and revise the Avon Community Housing Plan as part of adopting Department goals for 2021. Additional revisions were based on Town Council’s review on October 12, 2021 for first reading. Ordinance 21-13 (“Attachment A”, which includes a clean version of the updated Plan) is drafted to approve the Plan amendments. A redline (“Attachment B”) of the Plan are also attached for Council review and final consideration. All changes to the Plan since first reading are tracked and incorporated in both attachments. NOTE: Staff will add representative pictures and graphics to the Plan document in the 30-day period after adoption, before posting. ACTION ACTIONS: • Approve 2nd Reading of Ordinance 21-13, as drafted; or • Approve 2nd Reading of Ordinance 21-13, with modifications; or • Continue PUBLIC HEARING and 2nd Reading of Ordinance 21-13 to November 9, 2021. RECOMMENDATION: The attached Plan amendments have been vetted and updated based upon Planning and Zoning Commission (“PZC”), Town Council, and staff reviews. I find that the changes bring the document up to speed with current policy directives. The amendments provide clear direction moving forward, while being broad enough to explore new ideas and opportunities in the future. I recommend approval of second reading and adoption of the amended Plan. PROCESS: The Plan is defined as a supplement to the Avon Comprehensive Plan. Procedures for amendments to the Avon Comprehensive Plan include a public hearing and recommendation from PZC to the Town Council. The PZC conducted a number of work sessions and held a public hearing on October 5, 2021. They made a recommendation for approval at the October 5, 2021 meeting, and their findings for such recommendation have been incorporated into the Ordinance. The Town Council shall render the final decision after two readings of an Ordinance and conducting a published public hearing. PZC Public Hearing & Recommendation to Council Town Council First and Second Reading - Ordinance Page 2 of 3 ACCOMPLISHMENTS: The following policies and projects have been completed or are currently in process: • Tax and Fee Waiver Ordinance approved by Town Council for Community Housing projects • Mi Casa Deed Restriction Purchase Program, with 19 units to date. • Wildwood Housing Plan Work Session with public input • Wildridge Survey / Wildwood & Firehouse with Public input • Inclusionary Housing Regulations and Fee in Lieu Resolution • Completed Reserve Study for Wildwood South Deed Restricted Units. Council approved a Resolution to waive sales tax and fees related to eventual roofing and siding project. • Amendments to Light Industrial Zone District to permit and promote Community Housing REVIEW CRITERIA: According to Section §7.16.030(c) of the Development Code, the following criteria are to be used when evaluating the Plan: (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; (2) Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; (3) Public services and facilities have adequate current capacity, or planned capacity, to serve the land use proposed in the plan amendment; (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; (6) The proposed plan amendment will promote the purposes stated in this Development Code; and, (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. CRITERIA RESPONSE: Since adoption of the Plan in 2018, the implementation of housing policies have yielded new employee units and secured restrictions on existing free market units through the Mi Casa program. The Plan amendments respond to further changes in the market, an d also seek to shift focus to addressing other land use impacts (i.e. progression toward more short term rental properties) that have been emerging. Not only have housing construction and ownership costs been escalating quicker than ever, rental rates and inventory have not kept pace with the demand as new residents and guests continue to seek out the experience of mountain life in Avon. Review Criteria (1) through (5) are not applicable as this is not a change in land use(s), per se. The Plan promotes the health, safety and welfare of the Avon Community with a concerted effort toward new housing opportunities and maintaining existing affordable stock. The Plan complies with the purpose statements of the Development Code, including but not limited to Development Code Section 7.04.030 (n): “Achieve a Page 3 of 3 diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy;” TOWN MANAGER COMMENTS: Council identified Short Term Rentals as an important influence on Community Housing. Language has been added to provide a str uctured approach to revisit Avon’s current Short Term Rental Overlay District and consider revisions to these regulations. Revisions to the Investment Guidelines include additional language to better frame these considerations as guidelines along with acknowledgement that it is rare for any specific property to squarely meet all the guidelines. Overall, the work completed since 2018 has been significant and has laid the foundation for the Town of Avon to take larger steps forward over the next three years to increase Community Housing opportunities in Avon. Thank you, Matt ATTACHMENT A: Ordinance 21-13, Adopting the 2021 Avon Community Housing Plan ATTACHMENT B: Redline Copy of Avon Community Housing Plan Res 21-13 Adoption of 2021 Avon Community Housing Plan October 26, 2021 Page 1 of 3 ORDINANCE NO. 21-13 ADOPTING THE 2021 AVON COMMUNITY HOUSING PLAN WHEREAS, the Avon Town Council (“Council”) has the authority to adopt planning documents as described in Section 7.04.010 of the Avon Development Code; and WHEREAS, updates, revisions and amendments to the 2018 Community Housing Plan were presented to the Avon Planning and Zoning Commission in accordance with the procedures set forth in Section 7.16.030 – Comprehensive Plan Amendment; and WHEREAS, the Avon Planning and Zoning Commission conducted a public hearing on October 5, 2021 and took action to recommend adoption of the 2021 Avon Community Housing Plan after considering all comments and information presented at such public hearing; and WHEREAS, Council finds that the orderly and efficient implementation of housing programs and housing development projects will promote stability and cohesion as a community and will support Avon businesses by providing additional workforce housing; and WHEREAS, Council desires to adopt the 2021 Avon Community Housing Plan as a supplement to the Avon Comprehensive Plan and Section 7.16.030(b) of the Avon Development Code states that amendments to the Avon Comprehensive Plan shall be approved by the ordinance of the Town Council; and WHEREAS, the Town Council finds that adoption of the 2021 Avon Community Housing Plan will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Adoption of 2021 Avon Community Housing Plan. The 2021 Avon Community Housing Plan is hereby adopted as a supplement to the Avon Comprehensive Plan. Attachment A Res 21-13 Adoption of 2021 Avon Community Housing Plan October 26, 2021 Page 2 of 3 The 2021 Avon Community Housing Plan shall replace and supersede in its entirety the Avon Community Housing Plan adopted in 2018. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Attachment A Res 21-13 Adoption of 2021 Avon Comprehensive Plan October 26, 2021 Page 3 of 2 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on October 12, 2021 and setting such public hearing for October 26, 2021 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. AVON TOWN COUNCIL By:_________________________________ Attest:_____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING, after conducting a public hearing, on October 26, 2021. AVON TOWN COUNCIL By:_________________________________ Attest:_____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________________ Karl Hanlon, Interim Town Attorney Attachment A 2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 1 of 10 2021 Avon Community Housing Plan “Avon’s vision is to provide a high quality of life, today and in the future, for a diverse population; and to promote their ability to live, work, visit, and recreate in the community.” - TOWN OF AVON COMPREHENSIVE PLAN, MAY 2017 INTRODUCTION: The Town of Avon seeks to build upon its long history as a high amenity year-round resort community through the adoption of the 2021 Avon Community Housing Plan and implementation of the strategies within. The Comprehensive Plan sets a vision for diverse opportunities for residents, businesses, and visitors. The current housing market, which offers very few affordable opportunities for year-round residents to put down roots in Avon, poses a challenge to this vision. The potential community benefits of increasing Community Housing efforts include: •More housing choices; •Increased economic stability and a more active year-round economy for local residents and businesses; •Greater ability to retain individuals and families throughout life and career phases, strengthening the sense of community, opportunity, and quality of life; •Increase Community Housing supply for job recruitment purposes; •Create Community Housing in closer proximity to job centers with pedestrian connections and availability of transit, in alignment with the Climate Action Plan goals; and •More full time residents to sustain arts and culture activities. GOALS AND OBJECTIVES: The Comprehensive Plan sets two housing goals (each with numerous supporting policies): •Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. •Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families. Goals and Objectives of this Housing Plan are as follows: •Support the establishment of a dedicated funding source to sustain the Community Housing Fund; •Focus on increasing deed restricted homeownership opportunities for households making equivalent of 140% or less of the Area Median Income (“AMI”). A household of three earning 140% AMI is expected to be able to afford a home price of $571,000 in 2021. 2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 2 of 10 •Grow the inventory of homeownership and “missing middle” inventory, in place of additional rental housing stock, to create a more balanced portfolio with a long-term goal of more home ownership opportunities; •When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120% AMI level; •Stabilize or increase the percentage of owner-occupied year-round residents; currently 56.5% of all dwelling units in Avon are owner-occupied by year-round residents; •Stabilize or increase the percentage of Qualified Employees residing in Avon; •Seek to add deed restricted units to the inventory through the Mi Casa program and other mechanisms; •Partner with other communities and entities (i.e. Habitat for Humanity, Vail, Eagle County), and private employers to combine buying power and construct new housing units: •As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase housing serving the local year-round population; and •Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of new projects and housing stock in the mid-valley; appendices may be updated by Community Development Department pending updated information. The challenges with regard to housing needs are significant. With this Plan, the Town of Avon is setting goals, objectives, and action steps to respond. The Town’s resources include land, funding, staff time, and policy making. Recognizing that the Town of Avon alone cannot address the housing need, these resources will be used to leverage opportunities and create partnerships. COMMUNITY HOUSING DEMAND: Since 2010, and during the COVID-19 pandemic, unfilled job openings and population have been increasing much more rapidly than housing inventory, creating many challenges: •Employers facing unfilled positions, turnover, higher training costs, and lost productivity; •Precipitous increases in home prices, well beyond the means of most local residents; •Loss of historically affordable purchase options to short term rental (STR) use; •Extremely low vacancy rates, resulting in limited choices and rising costs for renters; •Negative impacts on individuals and families, who are spending a disproportionate amount of their income on housing, commuting long distances, and living in locations or situations that are not sustainable for the long term; and •Difficulty for growing families seeking permanent housing or upsizing due to escalating costs. It is important to review the availability of properties that are attainable for local and evaluate the percentage of homes purchased for primary residency in these neighborhoods. The median price for all dwelling units sold in Avon in 2020 was $575,000. Condominiums accounted for 72% of these sales, with a median price of $575,000. The median price for single family dwellings, duplexes and townhomes was $987,500. A family 2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 3 of 10 of three with a median income makes approximately $90,000 per year. This income cannot support mortgage payments for any median price dwelling units in Avon. The rental market is similarly challenging for local residents. Vacancy rates have been approaching zero, and since 2007, average rental rates have risen 48% across the Eagle River Valley. Recent rental projects have experienced an accelerated cost as compared to increases in the consumer index. Projects completed in 2021 have included rental rates between $1,320 for a studio to over $3,000 per month for a 3-bedroom unit. To meet the needs of local employees in the Eagle River Valley, it is estimated that over 5,900 additional dwelling units will be required by 2025.1 In the “mid-valley”, which includes Eagle-Vail, Avon, and Edwards, 1,500 dwelling units will be needed to accommodate a growing population. It is anticipated that subsidies or public/private partnerships will be required to make it financially feasible to construct a majority of these dwelling units. Avon and the rest of the “mid-valley” are highly desired locations for local residents. In a 2018 survey of Eagle River Valley households, 40% of renters and 39% of owners selected “mid-valley” as their first choice for where they want to live.2 STRENGTHS AND ASSETS: Avon can build upon existing assets and previous housing initiatives, including: • Adoption of the Mi Casa Avon deed restriction purchase program, with 19 deed restricted units in the first year. • Several large-scale Town-sponsored rental projects in the 1990s and 2000s, resulting in an inventory of 544 price-controlled units, • 63 deed restricted for sale units that were a result of successful PUD negotiations; • A Community Housing Fund balance of $1,150,000. As the Community Housing Fund increases, the additional funds should be leveraged to meet the goals of the plan; • Community Housing mitigation requirements for new multi-family and commercial development; • History of regional collaboration with public sector, non-profit and private sector on housing issues; • Significant opportunities for development and redevelopment, with water rights, transit access, and existing available density on vacant and underutilized public and private parcels; • Codified Community Housing tax and fee waiver incentives; • Allowing increased deed-restricted residential density on commercially zoned land that may also be appropriate for residential development; and • Adopted Comprehensive Plan, which sets housing as a top policy priority. 1 Eagle River Valley Housing Needs and Solutions 2018, Rees and Williford 2 Ibid. 2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 4 of 10 TOOLS AND STRATEGIES: The following tools and strategies are identified as means to achieve the stated goals and objectives. Tools and strategies are organized into three categories: Housing Policy, Community Housing Development and Retention, and Funding. Appendix C includes an updated inventory of all policy and related Community Housing strategies implemented since this Plan was originally adopted. Housing Policy The Town of Avon seeks to use both incentives and regulations to create a policy environment that is favorable for local housing. The Town has a strong track record in including Community Housing in PUD approvals. The Town will continue to require community housing mitigation for new planning approvals. Initiatives to update and strengthen housing policies will include the regular review of existing code provisions for opportunities to increase the year-round occupancy of the existing housing stock, including consideration of short term rentals, accessory dwelling units, and lock-off incentives and regulations. Exploring the regulation of accessory dwelling units in the Wildridge Subdivision may result in additional housing options. Additionally, the Mi Casa program must be reviewed routinely to determine its effectiveness and whether changes to the parameters of the program are necessary given the rapidly changing market conditions. Exploring buy down of free market units to be included in Mi Casa can be evaluated. Short Term Rentals Short Term Rentals have grown in popularity nationwide and have the potential to adversely impact the availability of residential housing for long-term rental opportunities. The Town of Avon has a mixture of neighborhoods which do not allow Short Term Rentals (i.e. Wildridge) along with neighborhoods where Short Term Rentals were planned and permitted before the adoption of the Short Term Rental Overlay District. A top priority is to evaluate Short Term Rentals and consider revisions to the existing Short Term Rental regulations, including but not limited to: • Evaluation of properties which operate as a condo-hotel or timeshare; have traditionally hosted Short Term Rentals; provide amenities that are visitor oriented; or are in close proximity to Avon’s commercial core. • Evaluation of residential properties that have traditionally not had a significant number of Short Term Rental licenses or units; or are in proximity to community anchors, such as the Avon elementary school, which are more oriented for full-time resident use. • Reconsideration of the existing boundaries of the Short Term Rental Overlay District. • Consideration of a second tier Short Term Rental Overlay that requires owner occupancy of the residence while allowing Short Term Rental of a portion of the residence to defray housing costs. • Consideration of minimum standards for operation and maintenance of Short Term Rental units. • Review of Short Term Rental regulations adopted by other mountain resort communities, including a cap on licenses. Community Housing Development and Retention 2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 5 of 10 Cultivating additional public/private partnerships with Eagle County, other municipalities, and local employers are imperative when fostering new opportunities for housing development and retention. Given the lack of available land and escalating construction prices, bold measures must be taken with these partners to make a measurable impact on housing stock. Collaborative partnerships must include land acquisition and producing shovel ready plans in the short term. Leveraging partnerships with state and federal housing assistance money and grants will be imperative. A top priority is pursuing housing development on Town owned land. Development of housing on the Swift Gulch property is the best opportunity to build new housing product on Town owned land. The Town of Avon Properties Plan identified development of Swift Gulch as a priority and it continues to be viewed as a prime property for new housing development. Preliminary site and design analysis for Swift Gulch takes place in 2021 and 2022, and will include a detailed financial analysis and exploration of public/private partnerships. To preserve attainable housing that is currently at risk of being lost to locals through rapid price increases and/or redevelopment two strategies are identified. One strategy is to “buy-down” market rate units and preserve their affordability by reducing the resale price and adding permanent deed restriction. Mi Casa will continue to grow and evolve as the primary source of new deed restricted Community Housing stock preserved for local residents. Another strategy is to explore zoning protections or development incentives that will maintain affordability of our mobile home community, to preserve properties that currently house locals. Zoning protections could include a special zoning category to be applied so that redevelopment for other uses is barred. Or in the event of redevelopment, density and affordability are maintained. Investing in maintenance of current inventory of deed restricted housing is an important component of housing development and retention. Much of the affordable rental housing inventory has recently been renovated, however, the homeownership inventory needs capital planning and reinvestment. The Town can assist our deed restricted multi-family projects by coordinating capital needs assessments and making a plan for funding and implementing capital improvements. This effort is anticipated to begin in 2022. Funding Local funding is a key ingredient to building and maintaining housing units. Investing (or “leveraging”) local funds is essential to attracting the outside funding sources such as grants, loans, tax credits and private investments that, when combined, make housing development financially feasible.. It is anticipated that the Avon Community Housing Fund will be invested in the efforts outlined in this Plan, and that additional funds will be needed moving forward. A two-step process is envisioned to secure additional local funds for housing. The first step will be to review current revenue streams and determine if additional funds can be directed to housing efforts through the annual budgeting process. In order to build upon the strength of an increased Avon Community Housing Fund, the Town must then seek opportunities for new funding sources, which could include approaches 2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 6 of 10 such as increased linkage fees, use tax on construction materials, regional collaboration, and/or support for a local ballot initiative. Potential revenue from a use tax, for the sole purpose of supplying the Community Housing Fund, were modeled and presented to Planning and Zoning Commission and the Finance Committee for consideration in 2021. Public/private partnerships are also a funding strategy, generating potential access to grants, below market loans, and resources such as the Low Income Housing Tax Credit. The Town of Avon understands the regional nature of housing, transportation and employment in the Eagle River Valley. In pursuit of local year-round housing, the Town will continue to participate in regional studies, seek opportunities to participate in regionally significant housing developments beyond Town boundaries, and participate in employer forums, and be an advocate for other regional initiatives including the establishment of a regional transit authority. INVESTMENT GUIDELINES: The Town must invest limited financial resources wisely to meet the goals of this Community Housing Plan. The Town recognizes that Community Housing development opportunities are often specific and unique to an available property, potential partnerships, and financial guidelines for state and federal funding; therefore, differences are expected between ideal projects that clearly meet all guidelines and possible projects. Community Housing programs and projects are not expected to meet all guidelines described below. Rather, the following guidelines are intended to assist with the evaluation of proposed programs and projects. These guidelines are not intended to be exhaustive and additional considerations may be relevant. • The program, policy or project meets the goals and objectives of the Comprehensive Plan and this Community Housing Plan; • The investment bridges a financial gap between free market conditions and Community Housing economics that enables a potential program or project to proceed; • The program or project encourages or incorporates resource conservation, energy efficiency, sustainable development and climate action goals to the extent financially feasible; • The location of the program or project has reasonable access to public services and amenities that support full-time residential use, including schools, parks, trails, transit, multi-modal transportation options, job centers, neighborhood commercial businesses, and public services; • The program or project attracts and utilizes the financial participation of partners, including other local governments, state and federal funding, non-profits, and private investors; and, • The program or project results in positive leveraging of the Town of Avon’s financial investment. 2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 7 of 10 APPENDIX A – Definitions and Best Practices Topic Definition Best Practices Inclusionary Housing A percentage of residential units in new subdivisions/PUDs are workforce housing. Market homes support workforce units. Only effective if new subdivisions/PUDs are developed/ redeveloped. Carbondale, Eagle, Eagle County, San Miguel County Linkage/Mitigation Requiring new residential and/or commercial development to contribute to workforce housing relative to demand generated by the new construction. For residential, mitigation rate often increases with house size, and deed restricted units are typically exempt. Fees in lieu provides revenue stream that fluctuates with building activity. Documented relationship between fee and impact required. Telluride, Aspen, Mt. Crested Butte Fee Waivers Water/sewer tap fees, building permit or other fees waived in part or whole to reduce cost to build affordable housing. General funds or other source need to cover cost of fees waived. Breckenridge, Crested Butte Dedicated Funding Source Funding is a core component of building housing and running successful housing programs. Few programs begin with funding; rather finding funding is an incremental process that goes hand in hand with creating goals and objectives, developing policies, securing appropriate land for housing, and moving forward with public/private partnerships. Dedicated funding sources take many forms including grants, fee in lieu payments, taxes, voluntary assessments, proceeds from rents or sales. Summit County, Steamboat Springs, Crested Butte, Aspen, Telluride Public/Private Partnerships Partnering with developers to build attainable units, typically on publicly owned sites, or using other public resources such as property tax exemption. RFQ/RFP process effective for selecting development partners. Ownership of land can be retained with long-term land leases. Eagle County, Vail, Breckenridge, Boulder Qualified Employee An individual who is an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence subject to this deed restriction is the primary residence for that person Vail, Eagle County 2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 8 of 10 Buy Down of Market Homes Usually involves buying down units with public funds. Deed restrictions imposed for permanent affordability. Inability to obtain condo mortgages can result in units being rented. Public sector purchases can drive up prices for low-end market units. Breckenridge, Telluride, Whitefish MT No Net Loss Policy Requiring replacement of housing occupied by the workforce when redevelopment occurs. Similarly-priced units should be replaced on site or another site, or a fee- in-lieu of replacement could be allowed. Boulder, Basalt 2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 9 of 10 APPENDIX B - Area Median Income for Eagle County 2021 Area Median Income for Eagle County, 2021 Household Size 1 2 3 4 5 6 AMI Classifications Extremely Low (30% AMI) $21,000 $24,000 $27,000 $30,000 $32,400 $34,800 Very Low (50% AMI) $35,000 $40,000 $45,000 $50,000 $54,000 $58,000 60% AMI (LIHTC max) $42,000 $48,000 $50,000 $54,000 $64,800 $69,600 Low (80% AMI) $56,000 $64,000 $72,000 $80,000 $86,400 $92,800 Median (100% AMI) $70,000 $80,000 $90,000 $100,000 $108,000 $116,000 Moderate/Middle (140% AMI) $98,000 $112,000 $126,000 $140,000 $151,200 $162,400 Upper (200% AMI) $140,000 $160,000 $180,000 $200,000 $216,000 $232,000 Source: CHFA Affordable Home Price Calculation by AMI, 2021 AMI % 30% 60% 100% 140% 200% Household Income – 3 persons $26,541 $53,082 $88,470 $123,858 $176,940 Affordable Purchase price Affordable monthly payment (30%) $664 $1,327 $2,212 $3,096 $4,424 Principal & interest (80% of pmt) $531 $1,061 $1,769 $2,477 $3,539 HOA, taxes, insurance (20% of pmt) $133 $266 $442 $619 $885 Mortgage Interest rate 3.5% 3.5% 3.5% 3.5% 3.5% Max mortgage $118,000 $236,000 $394,000 $552,000 $788,000 Max Affordable Price -5% down $122,130 $244,260 $407,790 $571,320 $815,580 Affordable Rent $675 $1,350 $2,250 $3,150 $4,500 Affordable purchase prices were calculated assuming that a household would have 5% for a down payment, and would qualify for a loan at 30% of their monthly income. HOA, property taxes and insurance of 20% were included in loan amount. The maximum mortgage assumes an interest rate of 5%, which is about half point higher than prevailing rates for 30-year fixed rate mortgages. Interest rates are rising, however, and will have a profound impact on housing affordability. A one-point increase in the rate, as occurred in 2013, would drop the affordable purchase price for a median income household by $30,000 to $35,000. 2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 10 of 10 APPENDIX C – Implemented Community Housing Strategies Since this Plan was originally adopted on August 24, 2018, the following policies and resultant projects have been established: • Ordinance 2019-01, Community Housing Incentives for Sales Tax and Fee Waivers • Ordinance 2019-03, Inclusionary Housing regulations to include mitigation for new multi-family and commercial developments. • Ordinance 2019-06, Industrial Commercial Zone District Amendments to permit Community Housing as a Use by Right. • 2 Deed Restricted for sale units constructed at 1 Waterfront Way. • Council Resolution 2020-25, Approving Fee Waivers and Deed Restrictions for 9 Rental Units at 77 Metcalf. • 1 Deed Restricted for sale unit at 1 Riverfront (proposed, yet to be constructed). • 19 Mi Casa Units with recorded Deed Restrictions. • 2 3-bedroom Deed Restricted Units at 38460 Highway 6 (proposed, yet to be constructed). • Council Resolution 2021-08, Approving Fee Waivers for Capital Improvement Project at 1011 West Wildwood Road. • Council Resolution 2021-20, Approving Short-Term Rental Tax Ballot Question for Community Housing funding. Page 1 of 10 2021 Avon Community Housing Plan “Avon’s vision is to provide a high quality of life, today and in the future, for a diverse population; and to promote their ability to live, work, visit, and recreate in the community.” - TOWN OF AVON COMPREHENSIVE PLAN, MAY 2017 Introduction The Town of Avon seeks to build upon its long history as a high amenity year-round resort community through the adoption of the Avon Community Housing Plan and implementation of the strategies within. The Comprehensive Plan sets a vision for diverse opportunities for residents, businesses, and visitors. The current housing market, which offers very few affordable opportunities for year-round residents to put down roots in Avon, poses a challenge to this vision. The potential community benefits of increasing Community Housing efforts include: • More housing choices; • Increased economic stability and a more active year-round economy for local residents and businesses; • Greater ability to retain individuals and families throughout life and career phases, strengthening the sense of community, opportunity, and quality of life; • Increase Community Housing supply for job recruitment purposes; • Create Community Housing in closer proximity to job centers with pedestrian connections and availability of transit, in alignment with the Climate Action Plan goals; and • More full time residents to sustain arts and culture activities. Goals and Objectives The Comprehensive Plan sets two housing goals (each with numerous supporting policies): • Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. • Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families. Goals and Objectives of this Housing Plan are as follows: • Support the establishment of a dedicated funding source to sustain the Community Housing Fund; • Focus on increasing deed restricted homeownership opportunities for households making equivalent of 140% or less of the Area Median Income (“AMI”). A household of three is expected to be able to afford a home price of $477,000 in 2021. • Grow the inventory of homeownership and “missing middle” inventory, in place of additional rental housing stock, to create a more balanced portfolio with a long-term goal more home ownership opportunities • When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120% AMI level; Deleted: Prepared by Willa Williford for the Town of Avon Deleted: a Deleted: , strengthening its vibrant and inclusive community culture… Deleted: current Deleted: the Deleted: and exciting Deleted: workforce housing Deleted: to Deleted: Further the goals of Deleted: by reducing single occupant vehicle commuting… Deleted: Greater opportunities for Deleted: to thrive Deleted: - $430,000 for a household of three people in 2018.… Deleted: of 50% rental, 50% Deleted: . Deleted: . Attachment B Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 2 of 10 • Stabilize or increase the percentage of owner-occupied year-round residents; currently 56.5% of all dwelling units in Avon are owner-occupied by year-round residents; • Stabilize or increase the percentage of Qualified Employees residing in Avon; • Seek to add deed restricted units to the inventory through the Mi Casa program and other mechanisms; • Partner with other communities and entities (i.e. Habitat for Humanity, Vail, Eagle County), and private employers to combine buying power and construct new housing units: • As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase housing serving the local year-round population; and • Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of new projects and housing stock in the mid-valley; appendices may be updated by by Community Development Department pending updated information. The challenges with regard to housing needs are significant. With this Plan, the Town of Avon is setting goals, objectives, and action steps to respond. The Town’s resources include land, funding, staff time, and policy making. Recognizing that the Town of Avon alone cannot address the housing need, these resources will be used to leverage opportunities and create partnerships. The Need Since 2010, and during the COVID-19 pandemic, unfilled job openings and population have been increasing much more rapidly than housing inventory, creating many challenges: • Employers facing unfilled positions, turnover, higher training costs, and lost productivity; • Precipitous increases in home prices, well beyond the means of most local residents; • Loss of historically affordable purchase options to short term rental (STR) use; • Extremely low vacancy rates, resulting in limited choices and rising costs for renters; • Negative impacts on individuals and families, who are spending a disproportionate amount of their income on housing, commuting long distances, and living in locations or situations that are not sustainable for the long term; and • Difficulty for growing families seeking permanent housing or upsizing due to escalating costs. It is important to review the availability of properties that are attainable for local workers and evaluate the percentage of homes purchased for primary residency in these neighborhoods. The median price for all dwelling units sold in Avon in 2020 was $575,000. Condominiums accounted for 72% of these sales, with a median price of $575,000. The median price for single family dwellings, duplexes and townhomes was $987,500. A family of three with a median income makes approximately $90,000 per year. This income cannot support mortgage payments for any median price dwelling units in Avon.. The rental market is similarly challenging for local residents. Vacancy rates have been approaching zero, and since 2007, average rental rates have risen 48% across the Eagle River Valley. Recent rental projects have experienced an accelerated cost as compared to increases in the consumer index. Projects completed in 2021 have included rental rates between $1,320 for a studio, to over $3,000 per month for a 3-bedroom unit. Deleted: 55 Deleted: . Deleted: Eagle County Deleted: working Deleted: residents Deleted: . Deleted: in the short term Deleted: . Deleted: Strengthen regional partnerships Deleted: other municipalities Deleted: make projects happen Deleted: . Deleted: . Deleted: . Deleted: Resolution Moved (insertion) [1] Deleted: the end of the recession Deleted: s Deleted: growing Moved down [2]: <#>Frustration for locals seeking housing;¶ Deleted: and Deleted: . Moved (insertion) [2] Deleted: Frustration Deleted: locals Deleted: ; Deleted: Median Deleted: 2017 Deleted: 438,000 Deleted: 71 Deleted: 358,500 Deleted: 850,000 Deleted: The price affordable to a median income Deleted: is Deleted: less than half than that, at about Deleted: 316,000 Deleted: Only four dwelling units were on the market for $316,000 or lower in early 2018 Deleted: : Deleted: vacancy Attachment B Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 3 of 10 To meet the needs of local employees in the Eagle River Valley, it is estimated thatover 5,900 additional dwelling units will be required by 2025.1 In “mid-valley”, which includes Eagle-Vail, Avon, and Edwards, 1,500 dwelling units will be needed to accommodate a growing population. It is anticipated that subsidies or public/private partnerships will be required to make it financially feasible to construct a majority of these dwelling units. Avon and the rest of the “mid-valley” are highly desired locations for local residents. In a 2018 survey of Eagle River Valley households, 40% of renters and 39% of owners selected “mid-valley” as their first choice for where they want to live.2 Strengths and Assets Avon can build upon existing assets and previous housing initiatives, including: • Adoption of the Mi Casa Avon deed restriction purchase program, with 19 deed restricted units in the first year. • Several large scale Town sponsored rental projects in the 1990s and 2000s, resulting in an inventory of 544 price-controlled housing units. • 63 deed restricted for sale units that were a result of successful PUD negotiations; • A Community Housing Fund balance of $1,150,000. As the Community Housing Fund increases, the additional funds should be leveraged to meet the goals of the plan; • Community Housing mitigation requirements for new multi-family and commercial development; • History of regional collaboration with public sector, non-profit and private sector on housing issues; • Significant opportunities for development and redevelopment, with water rights, transit access, and existing available density on vacant and underutilized public and private parcels; • Codified Community Housing tax and fee waiver incentives; • Allowing increased deed-restricted residential density on commercially zoned land that may also be appropriate for residential development; and • Adopted Comprehensive Plan, which sets housing as a top policy priority. Tools and Strategies In order to achieve these goals and objectives, the following tools and strategies should be pursued. Tools and strategies are organized into three categories: Housing Policy, Community Housing Development and Retention, and Funding. Appendix C includes an updated inventory of all policy and related Community Housing strategies implemented since this Plan was originally adopted. Housing Policy The Town of Avon seeks to use both incentives and regulations to create a policy environment that is favorable for local housing. The Town has a strong track record in including Community 1 Eagle River Valley Housing Needs and Solutions 2018, Rees and Williford 2 Ibid. Deleted: 4,000 Deleted: 2020 Deleted: Subsidies Deleted: are anticipated to Deleted: for the majority of these dwelling units to be financially feasible and affordable to local employees Deleted: . Deleted: households Deleted: recent Moved up [1]: The challenges with regard to housing need are significant. With this Plan, the Town of Avon is setting goals, objectives, and action steps to respond. The Town’s resources include land, funding, staff time, and policy making. Recognizing that the Town of Avon alone cannot address the housing need, these resources will be used to leverage opportunities and create partnerships. ¶ Deleted: on Deleted: A Deleted: 670 Deleted: , Deleted: of which are Deleted: n Deleted: Affordable Deleted: 675,000 Deleted: <#>A partnership with The Valley Home Store for monitoring and compliance of deed restrictions on for-sale units;¶ Employee Deleted: <#>housing Deleted: <#>some new commercial Deleted: C Deleted: , and Housing Policy. A timeline for implementation is included in Appendix A Deleted: employee housing Attachment B Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 4 of 10 Housing in PUD approvals. The Town will continue to require community housing mitigation for new planning approvals. Initiatives to update and strengthen housing policies will include theregular review of existing code provisions for opportunities to increase the year-round occupancy of the existing housing stock, including consideration of short term rental, accessory dwelling units, and lock-off incentives and regulations. Exploring the regulation of accessory dwelling units in the Wildridge subdivision may result in additional housing options. Additionally, the Mi Casa program must be reviewed routinely to determine its effectiveness and whether changes to the parameters of the program are necessary given the rapidly changing market conditions. Exploring buy down of free market units to be included in Mi Casa can be evaluated. Short Term Rentals have grown in popularity nationwide and have the potential to adversely impact the availability of residential housing for long-term rental opportunities. The Town of Avon has a mixture of neighborhoods which do not allow Short Term Rentals (Wildridge) along with neighborhoods where Short Term Rentals were planned and permitted before the adoption of the Short Term Rental Overlay District. A top priority is to evaluate Short Term Rentals and consider revisions to the existing Short Term Rental regulations, including but not limited to: • Evaluation of properties which operate as a condo-hotel or timeshare; have traditionally hosted Short Term Rentals; provide amenities that are visitor oriented; or are in close proximity to Avon’s commercial core. • Evaluation of residential properties that have traditionally not had a significant number of Short Term Rental licenses or units; or are in proximity to community anchors, such as the Avon elementary school, which are more oriented for full-time resident use. • Reconsideration of the existing boundaries of the Short Term Rental Overlay District. • Consideration of a second tier Short Term Rental Overlay that requires owner occupancy of the residence while allowing Short Term Rental of a portion of the residence to defray housing costs. • Consideration of minimum standards for operation and maintenance of Short Term Rental units. • Review of Short Term Rental regulations adopted by other mountain resort communities, including a cap on licenses. Community Housing Development and Retention Cultivating additional public/private partnerships with Eagle County, other municipalities, and local employers are imperative when fostering new opportunities for housing development and retention. Given the lack of available land and escalating construction prices, bold measures must be taken with these partners to make a measurable impact on housing stock. Collaborative partnerships must include land acquisition and producing shovel ready plans in the short term. Leveraging partnerships with state and federal housing assistance money and grants will be imperative. A top priority is pursuing housing development on Town owned land. Development of housing on the Swift Gulch property is the best opportunity to build new housing product on Town owned land. The Town of Avon Properties Plan identified development of Swift Gulch as a priority and it continues to be viewed as a prime property for new housing development. Deleted: encourage, and, in some instances, Deleted: local Deleted: in Deleted: :¶ ¶ Deleted: R Deleted: . Deleted: efficacy Deleted: <#>Update mitigation/linkage policies to be more proactive in addressing housing needs. Current policies are limited to very narrowly defined locations and development requests, and the current mitigation rate is low compared with peer communities. ¶ Consider implementing an inclusionary housing policy. Inclusionary housing was considered in the 2010 code update, but was not adopted at that time. Inclusionary housing is a tool to create housing affordable to locals. It is recommended to look at inclusionary housing and mitigation/linkage at the same time, to better understand how the two tools complement each other, support policy goals, and maintain a level playing field for commercial and residential development.¶ Conduct a comprehensive review of fees associated with new construction and formalize a fee waiver/reimbursement process for new housing that meets the goals of the plan Deleted: <#>. ¶ Formatted: Font: Bold Formatted: Indent: Left: 0.25", Hanging: 0.31" Formatted: Normal, Indent: Left: 0.25", Hanging: 0.31", No bullets or numbering Formatted: Font: (Default) Arial, Font color: Text 1 Formatted: Font: Not Italic Moved (insertion) [3] Deleted: for housing are additional strategies that will be ongoing. Collaborative efforts Deleted: are Deleted: Two parcels, identified in the Town of Avon Properties Plan, are appropriate to move forward with housing development in the next three years. These sites are Wildwood and Attachment B Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 5 of 10 Preliminary site and design analysis for Swift Gulch takes place in 2021 and 2022, and will include a detailed financial analysis and exploration of public/private partnerships. To preserve attainable housing that is currently at risk of being lost to locals through rapid price increases and/or redevelopment two strategies are identified. One strategy is to “buy-down” market rate units and preserve their affordability by reducing the resale price and adding a permanent deed restriction. Mi Casa will continue to grow and evolve as the primary source of new deed restricted Community Housing stock preserved for local residents. Another strategy is to explore zoning protections or development incentives that will maintain affordability of our mobile home community , to preserve properties that currently house locals. . Zoning protections could include a special zoning category to be applied so that redevelopment for other uses is barred. Or in the event of redevelopment, density and affordability are maintained. Investing in maintenance of current inventory of deed restricted housing is an important component of housing development and retention. Much of the affordable rental housing inventory has recently been renovated, however, the homeownership inventory needs capital planning and reinvestment. The Town can assist our deed restricted multi-family projects by coordinatingcapital needs assessments and making a plan for funding and implementing capital improvements. This effort is anticipated to begin in 2022. Funding Local funding is a key ingredient to building and maintaining housing units. Investing (or “leveraging”) local funds is essential to attracting the outside funding sources such as grants, loans, tax credits and private investments that, when combined, make housing development financially feasible.. It is anticipated that the Avon Community Housing Fund will be invested in the efforts outlined in this Plan, and that additional funds will be needed moving forward. A two-step process is envisioned to secure additional local funds for housing. The first step will be to review current revenue streams and determine if additional funds can be directed to housing efforts through the annual budgeting process. In order to build upon the strength of an increased Avon Community Housing Fund, the Town must then seek opportunities for new funding sources, which could include approaches such as increased linkage fees, use tax on construction materials, regional collaboration, and/or support for a local ballot initiative. Potential revenue from a use tax, for the sole purpose of supplying the Community Housing Fund, were modeled and presented to Planning and Zoning Commission and the Finance Committee for consideration in 2021. Public/private partnerships are also a funding strategy, generating potential access to grants, below market loans, and resources such as the Low Income Housing Tax Credit. The Town of Avon understands the regional nature of housing, transportation and employment in the Eagle River Valley. In pursuit of local year-round housing, the Town will continue to participate in regional studies, seek opportunities to participate in regionally significant housing developments beyond Town boundaries, and participate in employer forums, and be an advocate for other regional initiatives including the establishment of a regional transit authority. Investment Guidelines Deleted: This Plan is recommending that public outreach and feasibility analysis for Wildwood move forward this year. Deleted: can begin when there is a clear path forward for finance, entitlements, and construction for Wildwood. Both sites are anticipated to be developed Deleted: through Deleted: Two strategies have been identified to Deleted: market rate Deleted: The first Deleted: attainable Deleted: with a Deleted: Nearby precedents for this approach include Vail InDEED and Eagle Valley Ranch. This is a homeownership strategy. Deleted: The second Deleted: mechanisms Deleted: such as Deleted: preservation Deleted: acquisition, and right of first refusal Deleted: A right of first refusal creates the opportunity for the Town to purchase and preserve these assets, if the owner decides to sell and the Town decides the property is a priority and is able to secure finance timely. This is a mobile home and multi-family housing strategy Deleted: This program development is anticipated to begin in 2019. Commented [MP3]: Commented [MP2]: Deleted: is in need of Deleted: The Town of Avon has recently contracted ... Deleted: next phase of this effort will be to Deleted: conduct a Deleted: of the home ownership assets Deleted: e Deleted: 2020 Moved up [3]: Cultivating additional public/private Deleted: Currently, the Avon Housing Fund has a ... Deleted: those Deleted: funds Deleted: This review will begin at the end of 2018. ... Deleted: r Deleted: Criteria Attachment B Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 6 of 10 The Town must invest limited financial resources wisely to meet the goals of this Community Housing Plan. The Town recognizes that Community Housing development opportunities are often specific and unique to an available property, potential partnerships, and financial guidelines for state and federal funding; therefore, differences are expected between ideal projects that clearly meet all guidelines and possible projects. Community Housing programs and projects are not expected to meet all guidelines described below. Rather, the following guidelines are intended to assist with the evaluation of proposed programs and projects. These guidelines are not intended to be exhaustive and additional considerations may be relevant. • The program, policy or project meets the goals and objectives of the Comprehensive Plan and this Community Housing Plan; • The investment bridges a financial gap between free market conditions and Community Housing economics that enables a potential program or project to proceed; • The program or project encourages or incorporates resource conservation, energy efficiency, sustainable development And climate action goals; • The location of the program or project has reasonable access to public services and amenities that support full-time residential use, including schools, parks, trails, transit, multi-modal transportation options, job centers, neighborhood commercial businesses, and public services; • The program or project attracts and utilizes the financial participation of partners, including other local governments, state and federal funding, non-profits, and private investors; and, • The program or project results in positive leveraging of the Town of Avon’s financial investment. Deleted: ¶ As the Town of Avon seeks to deploy monies from the Avon Housing Fund, the Town will evaluate opportunities based on the following criteria: Deleted: Does t Deleted: ? Deleted: Does t Deleted: fill Deleted: that would otherwise keep the proposed Deleted: from moving forward? Deleted: Does t Deleted: and Deleted: ? Does the location offer access to multi- model transportation options and other services? Deleted: Is there Deleted: from other regional partners, public and/or private?… Attachment B Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 7 of 10 APPENDIX A – Definitions and Best Practices Topic Definition Best Practices Inclusionary Housing A percentage of residential units in new subdivisions/PUDs are workforce housing. Market homes support workforce units. Only effective if new subdivisions/PUDs are developed/ redeveloped. Carbondale, Eagle, Eagle County, San Miguel County Linkage/Mitigation Requiring new residential and/or commercial development to contribute to workforce housing relative to demand generated by the new construction. For residential, mitigation rate often increases with house size, and deed restricted units are typically exempt. Fees in lieu provides revenue stream that fluctuates with building activity. Documented relationship between fee and impact required. Telluride, Aspen, Mt. Crested Butte Fee Waivers Water/sewer tap fees, building permit or other fees waived in part or whole to reduce cost to build affordable housing. General funds or other source need to cover cost of fees waived. Breckenridge, Crested Butte Dedicated Funding Source Funding is a core component of building housing and running successful housing programs. Few programs begin with funding; rather finding funding is an incremental process that goes hand in hand with creating goals and objectives, developing policies, securing appropriate land for housing, and moving forward with public/private partnerships. Dedicated funding sources take many forms including grants, fee in lieu payments, taxes, voluntary assessments, proceeds from rents or sales. Summit County, Steamboat Springs, Crested Butte, Aspen, Telluride Public/Private Partnerships Partnering with developers to build attainable units, typically on publicly-owned sites, or using other public resources such as property tax exemption. RFQ/RFP process effective for selecting development partners. Ownership of land can be retained with long-term land leases. Eagle County, Vail, Breckenridge, Boulder Qualified Employee An individual who is an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that Vail, Eagle County Deleted: APPENDIX A – Work Plan¶ Deleted: Deleted: B Attachment B Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 8 of 10 the residence subject to this deed restriction is the primary residence for that person Buy Down of Market Homes Usually involves buying down units with public funds. Deed restrictions imposed for permanent affordability. Inability to obtain condo mortgages can result in units being rented. Public sector purchases can drive up prices for low-end market units. Breckenridge, Telluride, Whitefish MT No Net Loss Policy Requiring replacement of housing occupied by the workforce when redevelopment occurs. Similarly-priced units should be replaced on site or another site, or a fee- in-lieu of replacement could be allowed. Boulder, Basalt APPENDIX B - Area Median Income for Eagle County 2021 Area Median Income for Eagle County, 2021 Household Size 1 2 3 4 5 6 AMI Classifications Extremely Low (30% AMI) $21,000 $24,000 $27,000 $30,000 $32,400 $34,800 Very Low (50% AMI) $35,000 $40,000 $45,000 $50,000 $54,000 $58,000 60% AMI (LIHTC max) $42,000 $48,000 $50,000 $54,000 $64,800 $69,600 Low (80% AMI) $56,000 $64,000 $72,000 $80,000 $86,400 $92,800 Median (100% AMI) $70,000 $80,000 $90,000 $100,000 $108,000 $116,000 Moderate/Middle (140% AMI) $98,000 $112,000 $126,000 $140,000 $151,200 $162,400 Upper (200% AMI) $140,000 $160,000 $180,000 $200,000 $216,000 $232,000 Source: CHFA Affordable Home Price Calculation by AMI, 2021 AMI % 30% 60% 100% 140% 200% Household Income – 3 persons $26,541 $53,082 $88,470 $123,858 $176,940 Affordable Purchase price Affordable monthly payment (30%) $664 $1,327 $2,212 $3,096 $4,424 Principal & interest (80% of pmt) $531 $1,061 $1,769 $2,477 $3,539 HOA, taxes, insurance (20% of pmt) $133 $266 $442 $619 $885 Mortgage Interest rate 3.5% 3.5% 3.5% 3.5% 3.5% Max mortgage $118,000 $236,000 $394,000 $552,000 $788,000 Max Affordable Price -5% down $122,130 $244,260 $407,790 $571,320 $815,580 Deleted: Land Banking Deleted: Acquiring land for eventual housing development ... Deleted: Summit County, Vail, Boulder County, ... Deleted: C … - Area Median Income for Eagle ... Deleted: 2018 Deleted: 18,270 Deleted: 20,880 Deleted: 23,490 Deleted: 26,070 Deleted: 28,170 Deleted: 30,270 Deleted: 30,450 Deleted: 34,800 Deleted: 39,150 Deleted: 43,450 Deleted: 46,950 Deleted: 50,450 Deleted: 36,540 Deleted: 41,760 Deleted: 46,980 Deleted: 52,140 Deleted: 56,340 Deleted: 60,540 Deleted: 48,720 Deleted: 55,680 Deleted: 62,640 Deleted: 69,520 Deleted: 75,120 Deleted: 80,720 Deleted: 60,900 Deleted: 69,600 Deleted: 78,300 Deleted: 86,900 Deleted: 93,900 Deleted: 100,900 Deleted: 85,260 Deleted: 97,440 Deleted: 109,620 Deleted: 121,660 Deleted: 131,460 Deleted: 141,260 Deleted: 121,800 Deleted: 139,200 Deleted: 156,600 Deleted: 173,800 Deleted: 187,800 Deleted: 201,800 Deleted: 2018 Attachment B Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 9 of 10 Affordable Rent $675 $1,350 $2,250 $3,150 $4,500 Affordable purchase prices were calculated assuming that a household would have 5% for a down payment, and would qualify for a loan at 30% of their monthly income. HOA, property taxes and insurance of 20% were included in loan amount. The maximum mortgage assumes an interest rate of 5%, which is about half point higher than prevailing rates for 30-year fixed rate mortgages. Interest rates are rising, however, and will have a profound impact on housing affordability. A one-point increase in the rate, as occurred in 2013, would drop the affordable purchase price for a median income household by $30,000 to $35,000. Deleted: 587 Deleted: 1,175 Deleted: 1,958 Deleted: 2,741 Deleted: 3,915 Attachment B Avon Community Housing Plan Adopted August 24, 2018 (Last Updated October 26, 2021) Page 10 of 10 APPENDIX C – Implemented Community Housing Strategies Since this Plan was originally adopted on August 24, 2018, the following policies and resultant projects have been established: • Ordinance 2019-01, Community Housing Incentives for Sales Tax and Fee Waivers • Ordinance 2019-03, Inclusionary Housing regulations to include mitigation for new multi-family and commercial developments. • Ordinance 2019-06, Industrial Commercial Zone District Amendments to permit Community Housing as a Use by Right. • 2 Deed Restricted for sale units constructed at 1 Waterfront Way. • Council Resolution 2020-25, Approving Fee Waivers and Deed Restrictions for 9 Rental Units at 77 Metcalf. • 1 Deed Restricted for sale unit at 1 Riverfront (proposed, yet to be constructed). • 19 Mi Casa Units with recorded Deed Restrictions. • 2 3-bedroom Deed Restricted Units at 38460 Highway 6 (proposed, yet to be constructed). • Council Resolution 2021-08, Approving Fee Waivers for Capital Improvement Project at 1011 West Wildwood Road. • Council Resolution 2021-20, Approving Short-Term Rental Tax Ballot Question for Community Housing funding. Attachment B 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Ord 21-12 Department Consolidation DATE: October 8, 2021 SUMMARY: This report presents Ordinance No. 21-12 to consolidate departments. Specifically, this Ordinance will result in consolidating Public Works, Engineering, Mobility and Fleet into one Public Works Department. Public Operations, Engineering, Mobility and Fleet would become divisions under the Public Works Department. Council approved first reading on October 12, 2021. My overall recommendation as the Town Manager is to consolidate from 10 Departments to 5 Departments and create two high level leadership positions – Public Works Director and Deputy Town Manager. The transition from existing 10 Departments to 5 Departments is proposed to be implemented in two phases, with the first phase occurring in 2022 to consolidate Public Works, Engineering, Mobility and Fleet into one Public Works Department. The second phase to consolidate General Government, Finance and Human Resources is proposed for consideration in 2023 when circumstances can be evaluated during the 2023 budget process. Please see ATTACHMENT B for Phase I and Phase II Organization Charts. BACKGROUND: Council has recognized that the number of existing Departments and direct reports to the Town Manager is not ideal or efficient. Exploration of department re-organization to consolidate Departments and reduce the number of direct reports has been an identified goal for 2½ years. Department consolidation has been actively researched and discussed internally with current Department Directors. Avon has amended Departments several times in the past 20 years. This is a chronology of the changes: 2002 Established 9 Departments: Administrative Services, Finance, Human Resources, Community Development, Engineering, Public Works, Police, Recreation and Transportation. Ord 02-04 (NOTE: Human Resources did not have a department director from 2008 through 2015. Patty McKenny served as Town Clerk and Director of Administrative Services and oversaw Human Resources). 2013 Established 8 Departments; created Parks and Recreation Department and eliminated Human Resources Department: Administrative Services, Finance, Community Development, Engineering, Public Works, Police, Parks and Recreation and Transportation. Ord. 13-04 2015 Established 10 Departments, added Human Resources and Fleet: General Government (formerly Administrative Services), Finance, Human Resources, Community Development, Engineering, Public Works, Fleet, Police, Parks and Recreation and Transportation. Ord 15-08 2017 Changed the name of Transportation Department to Mobility Department. Ord. 17-21 POLICY CONSIDERATION: The goals of department consolidation include: 1. Improve strategic leadership, improve implementation of Council direction and goals, and extend our forward thinking into meeting the needs of a growing community. 2. Improve coordination across existing Departments, especially coordination of design of new public infrastructure with efficient operations and maintenance of such infrastructure. Page 2 of 5 3. Reduce the number of direct reports to the Town Manager to improve the ability of the Town Manager to provide strategic guidance and direction, allow the Town Manager to effectively allocate time towards regional issues and partnerships, and allow greater attention towards advancing a culture of excellence in the organization. 4. Create Town Manager succession positions. Both the Public Works Director position and a future Deputy Town Manager Position should possess credentials that would establish these positions as succession candidates for the Town Manager position in the future. SPAN OF CONTROL: “Span of Control” is the term used in executive management structures to describe the number of director reports to any one manager. A variety of management articles and recommendations suggest a range of 5 to 9 direct reports and recognize 7 as a decent number. “Around five direct reports seems to be the optimum number, according to Mark and Alison, although there are some scenarios where up to nine can work. When it comes to the senior team in a company, however, too many people reporting directly to the owner manager can really hold the business back. Alison recalls working with someone who had 13 people reporting directly to her. ‘She had to do 13 appraisals at the end of every year!’ she says. ‘It simply wasn’t an effective use of her time. She was a superb client-facing leader and developing client relationships was where she needed to focus to grow her business.’” People Puzzles - I've got too many direct reports! A larger number of direct reports is appropriate for organizations which have routine, re-occurring operations while a smaller number of direct reports is recommended for organizations with a high level of innovation and implementation of new programs and policies. “Dynamic environment The final element in determining the ideal ratio of direct reports to managers is to evaluate how dynamic the work or market environment is. As a rough rule, the more dynamic things are, the narrower the span of control should be. For example, if you operate in the tech industry, where new products are coming out monthly or even weekly, you risk overloading your managers by having too many people reporting to them. The opposite is true, of course, if you work in a very predictable and stable environment.” Inc. How Many Direct Reports Should You Have? The proposal to consolidate Departments from 10 Departments to 5 Departments is in response to a clear desire by Council for Avon to innovate, rapidly implement new programs and projects, and advance a culture of excellence. NEAR TERM AND LONG TERM GOALS: A question was posed to me if it is better to propose a reorganization structure that best fits the talent and experience of existing Department Directors or if it is better to propose a structure that is the most effective for the Avon community over the long run. The answer is that it is best to meet both goals. It is the intention of this reorganization plan to create a more nimble organizational structure that can improve and implement best practices and advance a culture of excellence in Town government WHILE implementing these reorganization changes at a pace that is the Page 3 of 5 least disruptive to the current structure AND continuing to utilize the existing Department Director talent and leadership that Avon enjoys. It is my intention and hope that this reorganization will create an efficient and effective leadership structure that will function best for the Town of Avon for the next ten years and beyond. INTERNAL REVIEW: The goal to implement department consolidation was introduced to the existing Department Directors and the larger Leadership team in fall of 2020. The goal was raised again in early 2021. I asked Department Directors to meet as a team without to discuss Department consolidation and present their perspective and recommendations. The Department Directors presented a reorganization plan that created a consolidated Public Works Department consisting of Public Works, Engineering and Fleet and a Deputy Town Manager position overseeing a consolidated General Government and Human Resources Department. As proposed by the Department Directors, Finance and Mobility would continue as separate Departments. I appreciate the proposal by Department Directors and agree with several elements of the proposal; however, I believe Mobility should become part of a consolidated Public Works Department to best coordinate transit and multi-modal planning with future development and construction and believe that Finance should become part of a consolidated General Government Department to better implement long- range financial planning. Another important consideration for me is that both of the Department Director positions for consolidated departments benefit from overseeing the scope of Town functions as potential Town Manager succession candidates. PEER COMMUNITY REVIEW: The department organization or our peer communities is as follows; Breckenridge: 7 Departments – Administration, Community Development, Finance, Golf, Public Safety, Public Works, Recreation. NOTE: Breckenridge currently has a consolidated Public Works Department that is similar to the Phase I Department consolidation proposal presented in this report. Frisco: 6 Departments – Community Development, Finance, Public Works, Police, Marketing & Communications, Recreation and Culture. Silverthorne: 5 Departments – Administration, Community Development, Public Works, Police, Recreation & Culture. NOTE: Silverthorne has a very similar structure as proposed for Phase I and Phase II Department consolidation. Snowmass: 10 Departments – Administration, Finance, Community Development, Public Safety, Housing, Transportation, Tourism, Parks & Recreation, Public Works, Human Resources. Telluride: 9 Departments – Administrative, Finance, Town Clerk, Marshall, Rental Housing, Public Works, Parks & Recreation, Planning & Building, Historic Preservation. NOTE: Telluride currently has a consolidated Public Works Department that is similar to the Phase I Department consolidation proposal presented in this report. Vail: 13 Departments – Police, Fire, Public Works/Transportation, Community Development, Library, Town Clerk, Human Resources, Communications, Finance, Housing, Information Technology, Economic Development, Environmental Sustainability. NOTE: Vail currently has a consolidated Public Works Department that is similar to the Phase I Department consolidation proposal presented in this report. Page 4 of 5 Please see ATTACHMENT C for Peer Community Organization Charts. Breckenridge, Frisco, Silverthorne, Telluride and Vail all have Public Works Departments that are similar to this Phase I Department Consolidation proposal. ENGAGEMENT PRACTICES: Consolidating departments and reducing the number of direct reports can have the potential for reducing engagement from the Town Manager. I practice different forms of engagement with different size groups. The reduction of direct reports is not intended nor expected to reduce engagement. In other words, I have no intention, nor do I think it is appropriate or effective, to limit and isolate my engagement to 5 Department Directors. See ATTACHMENT D for Engagement Chart. INCREASED STAFF WORKLOAD: Avon staff has experienced an increased workload over the last two years which directly impacts most Departments. New streetscape and landscaping improvements, the introduction of ice skating, dramatic increase of public usage in Harry A. Nottingham Park and full calendar of Special Events has increased the workload for Public Works. Construction of public improvements and facilities has increased the workload for Engineering. The implementation and increase of Town’s marketing activities for Town produced Special Events, implementation of Mi Casa Avon housing program, community survey, and climate action collaborative participation have all increased the workload for General Government and Finance. COVID-19 safety protocols and the increased rate of employee turn- over throughout Town has increased the workload for Human Resources. Execution of the 2021 Department Goals along with the increase of general activity in Avon has kept all Department Directors plenty busy. Due to the increase in workload over the last two years, I would not recommend eliminating or reducing any existing Department Director positions with regard to current job descriptions and salary ranges. The Department Reorganization will result in changes to titles and changes to the chain of command and reporting, but will not result in any significant changes to job descriptions, duties and responsibilities of existing Department Directors. PHASED APPROACH: A phased approach was suggested to me, which I believe is appropriate and practical. The higher priority is consolidating the Public Works Department and recruiting a new Public Works Director that could ideally commence employment in the 1st quarter of 2022. A phased approach allows for re-assessment of Town’s needs and financial position during the 2023 budget cycle. A phased approach also minimizes disruption and staggers the administrative logistics of implementing a new position. FINANCIAL CONSIDERATIONS: Council expressed a preference to not increase the cost of executive level personnel as part of a department consolidation. A direct comparison of “before and after” is difficult because there are many variables and changes over the last two years. It seems most appropriate to use a comparison of the salary of Directors that existed in fall of 2019 to this Phase I reorganization proposal. As of this fall, the General Government Director position and the Fleet Director position are vacant and the Recreation Director position is filled with an interim position. The ‘hold’ on filling any existing vacancies was intentional to allow opportunity for implementation of department consolidation. At this time, executive level expenditure is $247,045 less than in fall of 2019. The addition of a Public Works Director position to oversee a consolidated Public Works Department would result in $87,045 less expenditures than in fall of 2019. The proposed allocation of this salary is 60% General Fund and 40% CIP Fund, which would result in a net expenditure to the General Fund that is $151,045 less than fall of 2019. Page 5 of 5 In comparison to fall of 2019, Phase II Department Consolidation to implement a Deputy Town Manager position would result in a net expenditure increase to the General Fund that is $9,000 more than fall of 2019. RECRUITMENT PROCESS: Recruitment of a new Public Works Director position would include updating our executive recruitment brochure and Avon profile, advertisement across multiple local government publications for leadership level positions, and involvement of stakeholder committees to review resumés and participate in interviews. I believe it is appropriate and beneficial to include two or more Council members in this process because this position is expected to attend all Council meetings as well as serve an active leadership role in implementing Council goals and policy decisions. RECOMMENDATION: I recommend approval of Ordinance No. 21-12 Amending Avon Municipal Code Section 2.02.010 – Departments Enumerated in order to implement Phase I of Department Consolidation. PROPOSD MOTION: “I move to approve Ordinance No. 21-12 Amending Avon Municipal Code Section 2.02.010 – Departments Enumerated.” Thank you, Eric ATTACHMENT A: Ordinance No. 21-12 Department Consolidation ATTACHMENT B: Phase I and Phase II Department Consolidation Organization Charts ATTACHMENT C: Organization Charts from Peer Communities ATTACHMENT D: Town Manager Engagement Diagram Ord 21-12 Amending Section 2.02.010 – Departments Enumerated Page 1 of 3 ORDINANCE NO. 21-12 AMENDING AVON MUNICIPAL CODE SECTION 2.02.010 – DEPARTMENTS ENUMERATED 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, Section 8.8 – Administrative departments of the Avon Home Rule Charter provides that Council shall consolidate departments upon recommendation of the Town Manager; and WHEREAS, consolidation of Department and reduction of direct reports to the Town Manager has been studied over the last two years; and WHEREAS, consolidation of Public Works, Engineering, Mobility and Fleet into one Public Works Department will promote efficiency and coordination across these existing departments, and will thereby improve the effectiveness of providing government services and overseeing the design, construction and maintenance of public facilities and infrastructure; and WHEREAS, the Town Council finds that consolidation of the will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed and Re-enacted. Avon Municipal Code Section 2.02.010 – Departments enumerated is hereby repealed in its entirety and re-enacted to read as follows: 2.02.010 – Departments enumerated. The administrative departments of the Town shall be as follows: ATTACHMENT A: ORDINANCE 21-12 Ord 21-12 Amending Section 2.02.010 – Departments Enumerated Page 2 of 3 (a) General Government (b) Finance (c) Human Resources (d) Community Development (e) Public Works (f) Police (g) Recreation Section 3. Transition and Implementation. The Town Manager is authorized and directed to administer the transition from existing departments to consolidated departments in a manner and timeframe which is efficient and which minimizes disruption in the Town Manager’s discretion. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall 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 ATTACHMENT A: ORDINANCE 21-12 Ord 21-12 Amending Section 2.02.010 – Departments Enumerated Page 3 of 3 for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. 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 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on October 12, 2021 and setting such public hearing for October 26, 2021 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 October 26, 2021. BY:_________________________________ ATTEST:___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________________ Karl Hanlon, Interim Town Attorney ATTACHMENT A: ORDINANCE 21-12 Council Elected by Citizens - 7 Members Council appoints Mayor, Legal Counsel, Municipal Judge, Town Manager, Boards, Commissions and Committees Council serves as Local Liquor Authority, Board of Adjustments, and Board of Directors for Avon Urban Renewal Authority Town Attorney Municipal Prosecutor Special Legal Counsel TOWN MANAGER Oversees Departments and Personnel, Prepares Budget, Administers Contracts, Implements Policies and Projects as Directed by Council Municipal Judge Community Development Police Recreation Public Works General Government Avon Citizens Home Rule Charter adopted and amended by Avon voters Planning & Zoning Commission (PZC) Culture, Arts & Special Events Committee (CASE) Finance Committee Health & Recreation Committee DEPARTMENTS Town Clerk Communications & Marketing CASE Municipal Court Building Inspections Information Technologies Risk Management Planning Engineering Building & Facility Maintenance Custodial Services Admin Patrol Recreation Programs Admin Council Support Investigations Public Operations Fleet Maintenance Admin ORGANIZATIONAL CHART PHASE I Mobility Finance Human Resources Council Elected by Citizens - 7 Members Council appoints Mayor, Legal Counsel, Municipal Judge, Town Manager, Boards, Commissions and Committees Council serves as Local Liquor Authority, Board of Adjustments, and Board of Directors for Avon Urban Renewal Authority Town Attorney Municipal Prosecutor Special Legal Counsel TOWN MANAGER Oversees Departments and Personnel, Prepares Budget, Administers Contracts, Implements Policies and Projects as Directed by Council Municipal Judge Avon Citizens Home Rule Charter adopted and amended by Avon voters Community Development Planning & Zoning Commission (PZC) Culture, Arts & Special Events Committee (CASE) Finance Committee Health & Recreation Committee DEPARTMENTS Police Human Resources Recreation Public Works General Government Town Clerk Communications & Marketing CASE Municipal Court Building Inspections Finance Information Technologies Risk Management Planning Engineering Building & Facility Maintenance Custodial Services Admin Patrol Recreation Programs Admin Council Support Investigations Public Operations Fleet Maintenance Admin ORGANIZATIONAL CHART PHASE II Mobility Citizens of the Town of Breckenridge Mayor & Town Council Advisory Boards, Panels, and Commissions Municipal Court Judge Prosecuting Attorney Town Attorney Town Manager and Assistant Town Manager Administration Community Development Finance Golf Public Safety Public Works Recreation Government The Town of Breckenridge is a political subdivision of the State of Colorado organized as a Home Rule Municipality with a Council-Manager form of government. The Town's legislative authority is vested in an elected seven-member Town Council, which includes the Mayor. The council shall determine policies, enact local legislation, adopt budgets and appoint the Town Manager. The Town Manager shall execute the laws and administer the town government. Advisory Boards, Panels, and Commissions In addition to the Town Council, there are volunteer Citizen Advisory boards, committees, and panels that advise the Town Council on the proper course of action on any number of subjects. Through this system, civic-minded citizens can get involved in Town government. The Town, in turn, benefits from citizen knowledge, experience, and expertise. Breckenridge Open Space Advisory Commission (BOSAC): A Town Council-appointed advisory body that helps oversee the Town’s Open Space program. The Town’s Open Space program was established in 1997 when Town voters approved a 0.5% sales tax to be dedicated exclusively to open space acquisition and management. BOSAC is responsible for reviewing open space activities including property purchases, forest management, trail construction and maintenance, natural area research, and more. BOSAC develops and approves annual work plans and provides budgetary recommendations for Town Council consideration. BOSAC members are appointed for two-year terms by Town Council. Liquor & Marijuana Licensing Authority: Conducts public hearings for consideration of all applications relating to new alcohol beverage and marijuana licenses; the consideration of a change of location for a current license; alleged violations of the Colorado Liquor and Beer Codes; and controversial issues pertaining to the liquor/marijuana licensing process and/or laws. 26 ATTACHMENT C: Peer Community Organization Charts 25 communIty develoPment dePartment Town Attorney Prosecuting Attorney Municipal Court Judge town councIl Marketing Special Events Information Center recreatIon and cultural dePartment organIZatIonal chart cItIZens oF FrIsco Town Manager Boards & Commissions Town Clerk Executive Assistant Planning Zoning Building PuBlIc worKs dePartment Streets Buildings Fleet Grounds Water FInance dePartment Audit Budget Revenue Human Resources Payroll Accounts Payable Utility Billing PolIce dePartment Administration Municipal Court Law Enforcement Investigation Adventure Park Marina Historic Park Summer/ Winter Programs & Activities Athletic Events marKetIng & communIcatIons dePartment For more detailed information, please refer to the individual department organization charts in the Policy Questions section. ATTACHMENT C: Peer Community Organization Charts Town of Silverthorne Organizational Chart The Town of Silverthorne’s form of municipal government is known as the council-manager government per the Home Rule Charter. The Town Council shall “enact local legislation, adopt budgets, determine policies and appoint the Town Manager who shall execute the laws and administer the Town government.” The following organizational charts reflect the Town Council as elected by the citizens of Silverthorne and complying with federal and state law. The Home Rule Charter provides for boards as appointed by the Council and a six-member Planning Commission which is responsible for long range community planning (Comprehensive Plan implementation). The second chart highlights the key policy documents the Town has adopted, to follow when making operational and long-term community decisions. STATE LAW CITIZENS FEDERAL LAW SILVERTHORNE TOWN COUNCIL Ann-Marie Sandquist - Mayor JoAnne Nadalin – Mayor Pro-Tem Kelly Baldwin - Council Member Derrick Fowler – Council Member Robert Kieber – Council Member Kevin McDonald – Council Member Tanya Shattuck – Council Member PLANNING COMMISSION Michael Bohlender Les Boeckel Jenny Gloudemans Michael Molloy Donna Pacetti Natalia Ruiz Rob Murphy TOWN ATTORNEY Karl Hanlon MUNICIPAL COURT JUDGE Ron Carlson TOWN MANAGER Ryan Hyland ADMINISTRATIVE SERVICES Financial Administration Public Policy & Administration Human Resources Economic Development Municipal Court PUBLIC SAFETY Community Policing Law Enforcement Inter-Agency Cooperation Public Assistance Administration PUBLIC WORKS Street Maintenance Parks Maintenance Utilities Maintenance Capital Projects Mgmnt New Development Review Fleet Management Facilities Maintenance COMMUNITY DEVELOPMENT Long Range Planning Current Planning Building Code Zoning Code GIS/MIS Administration RECREATION & CULTURE Trails Open Space Recreation Center Park Development Town Pavilion Performing Arts Center TOWN ATTORNEY Suzanne Rogers Page 20 of 204 ATTACHMENT C: Peer Community Organization Charts Organizational Chart 2019-2020 The Citizens Town Council Town Manager Assistant Town Manager Finance Department Community Development Department Public Safety Department Housing Department Transportation Dept. Snowmass Tourism Department Public Works Administration Road Solid Waste Fleet Services Town council, Grants & Donations, Special Projects, & Town Attorney Administration Administration, Community Relations, Legislative Support, Town Clerk, Information Systems & Court Finance, Personnel & Risk Management Planning Building Administration, Patrol & Code Enforcement Administration, Bus Program, Parking Program & Parcel C Housing Apartments & Carriage Way Marketing & Special Events Group Sales Facilities Maintenance Parks and Recreation Human Resources 21 ATTACHMENT C: Peer Community Organization Charts Town of Telluride Organizational Chart - 2020 Citizens of Telluride Mayor & Town Council Town Attorney Town Manager Municipal Judge / Legal Assistant Program Director Hearing Officers Open Space Rangers Finance Town Clerk's Marshal's Administrative Rental Housing Public Works Parks & Recreation Planning & Building Historic Preservation Department Department Department Services Department Department Department Department Department Finance Director Town Clerk Chief Marshal Admin Director Rental Housing Director Public Works Director Parks & Rec Director Planning & Building Director Historic Pres Director Senior Accountant Assistant Clerks (3) Sergeants (2) IT Coordinator Admin Assistant Administrative Assist. Project Coordinator Planner II Planner I or II Accounting Tech II (1.63) Detective Admin Assistant Maint. Supervisor Facilities Maint Coordinator Admin Assistant Accounting Tech Deputy Marshals (6) Maint. Workers (2) Building Division: Code Enforcement (3) Boarding House Mgr (.63)Street & Utilities Division:Recreation Division: Building Official Executive Assistant Superintendent Recreation Supervisor Building Inspector Admin Assistant Mechanics (2) Recreation Coordinators (2) Building Permit Tech Crew Supervisor Event /Rec Aide Equipment Operators (7) Sports Aides/Coaches Equip.Op.Seasonal (.5) Summer Seasonal Positions Main St Ranger (.5) Parks Division: Water/Wastewater Division: Parks Supervisor Superintendent Assistant Parks Supervisor (2) Plant Operators (4.5) Park Aides (3) Lab Technician (1.5) Seasonal Park Aides Transit Division: Transit Manager Bus Operations Supervisor Lead Shift Drivers Bus Drivers Env. & Engineering Division Manager Town Engineer 60 ATTACHMENT C: Peer Community Organization Charts FIRE COMMUNICATIONS LIBRARY INFORMATION TECHNOLOGY POLICE PUBLIC WORKS / TRANSPORTATION ECONOMIC DEVELOPMENT FINANCE COMMUNITY DEVELOPMENT HOUSING TOWN CLERK HUMAN RESOURCES TOWN MANAGER MAYOR TOWN COUNCIL TOWN OF VAIL CITIZENS ENVIRONMENTAL SUSTAINABILITY MUNICIPAL JUDGE TOWN ATTORNEY 10 ATTACHMENT C: Peer Community Organization Charts TOWN MANAGER STAFF ENGAGEMENT DIAGRAM Department Directors • New Policies • Performance Evaluations • Merit Increases • COVID-19 Policies • Leadership Strategies • Department Goals • Meet as Needed – Once per Month on Average Leadership Team (Directors and managers within each Department) • Review Council meetings • Review Upcoming Council • Review general administrative matters • Ability to Raise Topics for Discussion • Meet on Wednesday after Council meeting and more often as needed Special Projects (Department Directors, managers and others as appropriate) • Meet as Needed • e.g. Vehicle Replacement, Lake Ice Skating, East Nottingham Park Design Department Staff (Town Manager and all staff within a Department) • Meetings for Specific Topics • General Attendance • Sometimes informal lunch meeting • Meet at least once per year, more often as needed Department Directors Individually (one on one, Town Manager and Department Director) • Once a month generally, but sometimes difficult to schedule • Once every other month to review progress on Dept Goals All Staff Meetings • Staff Coffee (monthly) • Annual Employee Picnic • Holiday Party • Annual Pulse Survey ATTACHMENT D: Engagement Diagram 970-748-4061 emyler@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Emily Myler, General Government Intern RE: Vehicle Idling Prevention DATE: 10/12/2021 SUMMARY: While an individual car waiting motionless with its propulsion engine on at a drive-thru or school pickup line may not appear to cause much harm to the environment, the impact of vehicle idling on a population scale is enough to warrant efforts against it. The U.S. Dept. of Energy reports that idling wastes nearly 6 billion gallons of fuel and generates 30 tons of CO2 nationally each year, with about half of that coming from personal vehicles [Attachment 1]. Idling also attributes to noise pollution and exposes passengers and passers-by to harmful exhaust. Several home-rule municipalities in Colorado have taken steps to reduce idling by increasing awareness of its detriments, limiting areas where idling happens or outlawing it altogether. Based on Avon’s commitment to sustainability and greenhouse gas reduction goals, as well as care for public health and the quiet environment of a small town, it would be in the Avon’s best interest to reduce emissions from vehicle idling using one or more of the measures examined in this report. BACKGROUND: In 2011, Colorado passed House Bill 11-1275, which sets a state-wide idling limit of five minutes in one hour and allows local municipalities to set their own limits [Attachment 2]. HB11-1275 has exemptions for: • Drivers stuck in traffic out of their control • Stopping at a traffic control device such as a stop light • Stopping at the direction of a law enforcement officer • When heating or cooling systems must be operated for safety, not just the comfort of the passengers • Vehicles used to respond to an emergency or train for an emergency • When required for maintenance, service, repairs or inspections • If necessary for operating work-related equipment such as a crane or food truck • Armored vehicles when someone is inside to guard contents or during loading/unloading • Passenger busses when non-driving passengers are on board • Semi-trailer sleeper berths at a designated rest area or parking spot • Increased idling up to 20 minutes is allowed when the temperature is less than 10 degrees. Later, House Bill 16-1122 declared that vehicles cannot be left unattended while idling for any length of time, but vehicles started remotely are allowed if the owner takes measures to prevent theft such as keeping the doors locked. ANALYSIS: The Environmental Protection Agency produced a study which estimates how much greenhouse gas an idling vehicle emits [Attachment 3]. According to the Eagle County Department of Motor Vehicles, there are 6,588 personal cars registered in Avon. Based on the EPA’s numbers, these vehicles alone have the potential to contribute up to 1034.47 pounds of carbon monoxide gas to the atmosphere in one hour of idling along with multiple other pollutants and toxins. Idling serves very little purpose for anyone and can be costly to individuals as even just 10 seconds wastes more fuel and wears on a vehicle’s engine more than turning it off and on again. Therefore, reducing idling often has widespread benefits for many stakeholders. Even so, the habit can be difficult to break, prompting the need for preventative measures or an outright ban. Page 2 of 4 Education: It can be difficult for a single individual to quantify the effect of a few seconds extraneous idling on the environment, their wallet, their vehicle and their health. On top of the emissions impact described above, the Dept. of Energy report states that most modern cars don’t need to idle to warm up and in fact most manuals recommend against it. Instead, driving slowly for about 30 seconds is the best way to help the engine reach ideal operating temperatures. Additionally, the average driver can save about one tank of gas per year by not idling. Finally, the EPA finds that cars at a standstill leak toxic gasses into the cabin as well as into the air to be inhaled by passers-by. These gasses can contribute to a variety of lung ailments. An educational campaign can raise awareness and combat the idea that idling is necessary in a drive-thru or beneficial on a chilly morning. Tools may include informational signage, a page online, a public pledge against idling and partnerships with local schools. Idling Prevention: An effective way to combat idling is to prevent drivers from entering situations where they might be tempted to do so. Situations where Avon drivers may idle their vehicles include but are not limited to: • Traffic congestion • Looking for parking • Using the device charging or media capabilities of the car (e.g., listening to music) • Drive-thrus or cubside pickup • Warming up the engine/scraping snow and ice • Picking up children from school For example, Avon has already installed roundabouts in its major intersections, eliminating the need to stop and wait at a traffic light. There are other creative solutions the Town might consider, such as partnering with owners of private parking lots and drive-thrus, directing the public to buy magnetic windshield covers that eliminate the need to scrape ice and snow, and making parking easier to find. Town Fleet: Town employees set the example for the rest of the public. The nature of municipal employees’ work often supports idling as drivers may go out daily and make several short stops on a route. While the City of Fort Collins doesn’t have an anti-idling ordinance, it does have an employee policy that prevents idling in its fleet [Attachment 4]. Even though Avon has long-term plans to eliminate petrol vehicles from its fleet, this type of measure can reduce emissions in the meantime. The Town can also provide windshield covers for vehicles so that scraping snow and ice is unnecessary. Anti-Idling Ordinance: The main tool in Avon’s pocket would be to institute an outright ban of idling in town, entombed in the Municipal Code and enforced by Police. Several municipalities have done this, the most comparable to Avon being Aspen, Vail and Winter Park [Attachment 5]. An ordinance would make idling for more than a set length of time unlawful. Time limits in peer communities range from five minutes in Aspen (the shortest time allowed by the State of Colorado) to 20 minutes in Vail. The ordinance is usually housed under noise reduction or environmental health portions of the municipality’s code. Enforcing such an ordinance is the largest obstacle to overcome. This report considers the insight of Avon Police Chief Greg Daly as well as experience from representatives at the City of Aspen. Page 3 of 4 Chief Daly brought up several items for Council to consider: • Whether to allow remote starting and how to ascertain that an idling vehicle has been started remotely • Whether to focus on only unlocked idling vehicles, how to ascertain a vehicle is unlocked and how to prevent theft • How the ordinance extends to hybrid and electric vehicles • How to determine the vehicle has been idling longer than the time limit He envisioned a program which starts with education followed by a period when the public is given warnings only when caught idling. After that, officers can begin to issue citations to those who continue to break the law. Peer Community Interviews: A representative from the City of Aspen’s police department reported that enforcing their idling ordinance can be challenging, especially with visitors arriving frequently with little knowledge of local rules or opportunity to learn. Most enforcement is triggered by civilian complaints, and the first action is usually to try to contact the vehicle’s owner and request that they turn it off. If there is no contact or the owner does not comply, then a ticket is issued. The Department of Environmental Health does occasional patrols with the aim to reward people for not idling or educate idlers about the detriments of their behavior, and the School District partners to post signage and raise awareness. A representative from the Environmental Health Department said that police and staff rarely have the time to truly enforce the ordinance. It is easier to enforce the State’s unattended idling rules since there is no need to wait five minutes before ticketing. They suggested Avon look closely at where idling happens and connect with target groups individually, such as taxi and delivery companies, HOA’s and schools. Positive reinforcement for not idling and appealing to individual and community values like saving money are important tools to change behaviors. RECOMMENDATION: I recommend that Council establish an idling ordinance in Avon only if they would like to set different time limits than the State already sets. Any action should be based in a strong educational and awareness campaign that promotes self-enforcement due to the challenges I believe Police will face upholding the new law. I also recommend the Town consider tactics to reduce idling opportunities during future strategic planning processes and implement policies that disincentivize employees from engaging in this behavior in fleet vehicles. OPTIONS: 1. Do not act to reduce idling in Avon 2. Launch an education campaign to raise awareness 3. Focus on preventing idling situations 4. Implement an employee idling policy 5. Establish an ordinance to outlaw idling 6. Design a program which implements some or all the above actions Thank you, Emily Page 4 of 4 ATTACHMENTS: Attachment 1: U.S. Dept. of Energy Report Attachment 2: House Bill 11-1275 Attachment 3: EPA Emissions Study Attachment 4: City of Fort Collins Employee Idling Policy Attachment 5: Peer Community Review Aspen 5 minutes when attended, no unattended idling vehicles for any length of time Exceptions: Vehicles that must be operated in idling or idle for some time to warm up or cool down (e.g., construction equipment) Time spent loading/unloading passengers or property Vail 20 minutes in commercial zones Exceptions: Refrigeration vehicles in commercial zones Winter Park 15 minutes None AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 12, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 Part One The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council members present in person were Amy Phillips, Scott Prince, Lindsay Hardy, Tamra Underwood, and RJ Andrade. Councilor Chico Thuon joined via Zoom. Also present were Public Works Director Gary Padilla, Chief of Police Greg Daly, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:25 Part One Mayor Smith Hymes mentioned tonight’s agenda is a revised agenda of the one posted yesterday. Councilor Underwood asked, moving forward, to make it clear in print when the agenda and the website packet had been updated. There were no changes made to the agenda. Councilor Prince moved to approve the agenda as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:00 Part One Councilor Hardy said, that even though it is a work session and there is no voting, she wanted to disclose a conflict of interest with agenda item 5.6 and her employment at Zehren & Associates, who is the architect and designer on this project, and she recused herself from this item. Councilor Underwood moved to recuse Councilor Hardy from agenda item 5.6 Harry A. Nottingham Park Restrooms Design Update work session. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy abstained from the vote. 4. PUBLIC COMMENT Video Start Time: 00:04:58 Part One Mayor Smith Hymes explained to the public that comments in person will be taken first, then those via Zoom. Comments made in-person: Kelly Alter and Lelia Conlin introduced themselves and expressed they are running for open seats on the Eagle County school board. Kelly Alter said it is an important election as there are 11 candidates that are running for 5 open seats, out of 7 seats total. She said to visit the website eaglecountyschoolboard.com to check information on the elections. Kathleen Walsh, Avon resident, commented. She encouraged people to vote and to please vote NO on the recall and expressed this recall is hurting Avon both economically and socially. She asked to speak about lighting at the Piedmont apartments again and said maybe it is the angle of the external lighting and then the internal lights on the third floor are really lit up and intrusive and invasive. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 12, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM There were no virtual public comments. 5. BUSINESS ITEMS 5.1. JOINT MEETING OF CULTURAL ARTS AND SPECIAL EVENTS WITH COUNCIL (CASE MANAGER DANITA DEMPSEY) Video Start Time: 00:11:19 Part One CASE Manager Danita Dempsey and Town Manager Eric Heil presented and answered questions from Council. CASE members present were Chair member Lisa Mattis, and committee members Chris Cofelice and Kathy Ryan. Present virtually were committee members Justin Chesney and Ruth Stanley. Committee member Pedro Campos joined in person at 5:20 p.m. Council and CASE members talked about the 2021 season. CASE Manager Danita Dempsey said the 2021 event season was a huge success. Lisa Mattis said one of the decisions to make tonight is to decide if the 2021 season should be replicated in 2022. Councilor Underwood said her favorite event was the art walk and asked to separate a blanket zone and a chair zone at the next park event. Councilor Prince asked to keep the stage doors open during events and at the next Salute event he requested to close the south side area of the stage near the dock when it is time to set up for the event and not all day. Councilor Hardy said her favorite event was Pride in the Park and said she would love to see fireworks in January, and it does not have to be a long display. She asked the committee to find the right piece of art for the roundabout. Mayor Smith Hymes mentioned some friends of hers told her that the Sunset Live events are the best addition to the Valley ever made, and she suggested to watch the quality and variety of alcohol offered in the events. Mayor Pro Tem Phillips said she supports the idea of adding a new public works staffmember for the events. Town Manager Eric Heil said CASE is not recommending doing the fireworks this year and asked Council for direction whether this should be done this January or not. Councilor Underwood said she loves the fireworks, but she will go with CASE recommendation and mentioned to think in a more sustainable way. CASE Manager Danita Dempsey supported this idea and explained costs. Councilor Thuon suggested to do a drone show and requested CASE to look into this financially. Councilor Andrade said Avon could be the first ones with a drone show, so he supported this idea. After Council input, majority supported to not have fireworks in January 2022 and agreed Council should rethink fireworks in July 2022 and years beyond. After Council discussion, majority supported for music on Labor Day Monday, but no need to replicate a big act and agreed to have a more local flavor with local bands. Councilor Underwood suggested to have more events not only music, but poetry, writing, storytelling, etc. There will be a follow up joint meeting in February to discuss the 10-year vision. Mayor Smith Hymes called for public comments and Kris Miller commented virtually. He thanked Council and the committee for rethinking the fireworks as it is affecting veterans and wildlife and said a laser show could be a great alternative. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 12, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Kathleen Walsh commented in-person. She expressed the Town should be thinking of new ideas and offer local things outside of just music events. She said the cinema events on Fridays were great, but it was a lot of money, and the Town should be able to come up with a better solution than having a company from the front range drive up for this every Friday, like owning the equipment. She suggested a Cinco de Mayo event. 5.2. APPROVAL OF CDOT GRANT FUNDING CONTRACT (TOWN MANAGER ERIC HEIL) Video Start Time: 01:24:12 Part One Town Manager Eric Heil presented the approval of this funding contract and laid out the next steps that will follow , including an IGA with Eagle County. Councilor Underwood expressed she would like the County to make a bigger contribution financially since Avon is taking the lea d on this on the planning and management side. Councilor Prince moved to approve the grant funding Contract – US6 Mobility Improvement Project and authorize Mayor Smith Hymes to execute the Contract on behalf of the Town. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.3. WORK SESSION: HARRY A. NOTTINGHAM PARK IMPROVEMENTS FOLLOW UP (INTERIM RECREATION DIRECTOR MICHAEL LABAGH ) Video Start Time: 01:32:00 Part One Interim Recreation Director Michael Labagh presented the park improvements and summer operations. He explained this is a follow up to last month's work session. He said that based on comments received from all Councilors, he compiled and presented a list of supported projects and a list of projects for future discussion. Councilor Hardy suggested to add rocks in the shoreline area, to make steps and be a potential area to watch the fireworks display on the soft recreation path, to create more picnic areas around the lake, to move the fit court, and she said the south lake landscaping is awful and suggested a landscaping with trees that do not grow too tall. She said Council should considered the pedestrian connection to Liftview as it is heavily used and unsafe. She closed her comments stating her support to the tennis, pickle-ball and basketball courts, a mural at the Avon Elementary School and to the un- leashed well behaved dog areas. Interim Recreation Director Michael Labagh said he will summarize and present this as a written report. Mayor Smith Hymes called for public comments and no public comments were made. 5.4. PUBLIC HEARING: FIRST READING OF ORDINANCE NO. 21-13 ADOPTING 2021 AVON COMMUNITY HOUSING P LAN (PLANNING DIRECTOR MATT P IELSTICKER ) Video Start Time: 01:56:05 Part One Planning Director Matt Pielsticker presented the proposed amendments to the Avon Community Housing Plan. He mentioned more changes can be incorporated before the second reading on the October 26 th meeting. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 12, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Underwood asked for some clarification around the 50/50 part-time and full-time occupancy goal and said the right ratio should be figured out . She suggested other various edits and asked to add information on affordable housing Avon already ha s and to recognize Avon's successes on the rental side. Council suggested many other edits , mostly about fixing the language on different sections. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve on first reading Ordinance 21 -13 Adopting the 2021 Avon Community Housing Plan and setting a public hearing date for a second reading , with incorporation of tonight's discussed changes. Councilor Hardy seconded th e motion and the motion passed with a vote of 7 to 0. 5.5. FIRST READING ORDINANCE 21-12 AMENDING MUNICIPAL CODE TO CONSOLIDATE DEPARTMENTS (TOWN MANAGER ERIC HEIL ) Video Start Time: 02:43:23 Part One Town Manager Eric Heil explained that this has been a work in progress since he was hired as the Avon Town Manager 2.5 years ago. Mayor Pro Tem Phillips asked him when Phase II is planned to be implemented and he said sooner rather than later so he can assess next year what the Town can afford in 2023 and what the workload is . Councilor Underwood asked him to rework the organization chart for Phase II to clarify the line s under the assistant Town Manager which are not linear as shown in the packet. Councilor Hardy , Mayor Smith Hymes, and Councilor Thuon expressed their support. Mayor Smith Hymes called for public comments and no public comments were made Councilor Prince moved to approve on first reading of Ordinance No. 21 -12 Amending Avon Municipal Code Section 2.02.010 – Departments Enumerated. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.6. WORK SESSION: HARRY A. NOTTINGHAM PARK RESTROOMS DESIGN UPDATE (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:00:10 Part Two Councilor Hardy recused for this agenda item and stepped out of the room at 7:57 p.m. Planning Director Matt Pielsticker introduced this item and was joined by Pedro Campos with Zehren & Associates , who took Council through the renderings of the East Park improvements and answered questions from Council. Councilor Thuon asked if there is any family restroom. Pedro Campos said there is one north of the women’s restroom entrance. Councilor Thuon would also like to incorporate the heat exchange . Councilor Andrade asked how much lighting will be in the picnic area and mentioned the boulders for sitting should be facing the stage . Councilor Prince suggested to add additional overhang or add a structure to provide shade/cover when it rains, when people look for shelter . AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 12, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Pro Tem Phillips wanted the record to reflect that not adding a small concession area with an ice machine is a mistake and requested to remove the oval in the parking lot that is showed in the design as it takes one more parking spot. Mayor Smith Hymes supported her comment on the concession area. Town Manager Eric Heil said that, if that is Council direction to add a concessions area in the design, a second option will be presented. C ouncilor Thuon and Councilor Underwood also supported this idea, but Councilor Prince and Councilor Andrade opposed. Pedro Campos then presented the North Restroom project. Council or Andrade asked if the changing area could maybe be added to this restroom, as it more serves the beach than the east park restrooms . Councilor Prince said the window is very small and questioned the natural light, he asked if more windows can be added to allow m ore daylight. He also asked if another shortcut from the bathroom entrance could be added to prevent social paths through the grass. Councilor Hardy returned to the room at 9:29 p.m. but stepped away again. 6. MINUTES 6.1. APPROVAL OF SEPTEMBER 24, 2021 BUDGET RETREAT MEETING MINUTES (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 01:33:30 Part Two Councilor Underwood moved to approve the minutes from the September 24th budget retreat meeting as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy was not present. 6.2. APPROVAL OF SEPTEMBER 28, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 01:34:09 Part Two Councilor Underwood moved to approve the minutes from the September 28th regular meeting as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy was not present. Councilor Hardy returned to the room after the approval of the minutes. 7. WRITTEN REPORTS 7.1. Draft September 23rd Culture, Arts & Special Events Committee Meeting Minutes (General Government Intern Emily Myler) 7.2. Upper Eagle Regional Water Authority Sept 23, 2021 Meeting Summary (Mayor Smith Hymes) 7.3. Mi Casa Avon Update (General Government Manager Ineke de Jong) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:34:45 Part Two Councilor Hardy asked Town Manager Eric Heil to give an update on architectural firms for the Swift Gulch Project. He said after several interviews one firm is selected and a contract will be brought to Council on October 26th. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 12, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Hardy raised the idea of a temporary dog park at the lot across from the Piedmont apartments. She said she wanted to talk about housing again as rents exceed mortgages and there was a recent listing in Eagle County Classifieds social media group for a 1BR apartment in Vail at $3,900/month, just to mention. She expressed it is unrealistic to afford this rent, even with a professional career and a 5-year degree. She said Beaver Creek should be the ski resort and Avon be the community. She said Council needs to really dive into short-term rentals regulations and that housing goes hand in hand with climate action and mental health. Mayor Smith Hymes then read the rental rates at Buffalo Ridge and the importance of those non-profit organizations in our community. Councilor Hardy clarified there is an approximated one-year waiting list. Mayor Pro Tem Phillips wanted to bring up ADU's (Accessory Dwelling Units) in Wildridge and that Council should perhaps re-open that discussion. Mayor Smith Hymes talked about the time limit for public comments and that all 3-minute comments typically get extended to 4-minutes. She is suggesting to only allow 3 minutes from now on and not to allow the additional minute. She took a poll from Council and the majority of Council wanted to keep the benefit of 1 additional minute in place. Council agreed to be more disciplined in providing the additional minute, add a timer to give a warning at 2:30 minutes mark, and deny the extra minute if they think it is not necessary. Councilor Thuon got disconnected at 9:49 p.m. Councilor Underwood reminded the public that election day is November 2nd and to please be sure to vote. She mentioned that the 24-hr Ballot box next to Avon Liquors is open. General Government Manager Ineke de Jong reminded everyone that voter services will be available at Avon Town Hall starting on Monday October 25th. Mayor Smith Hymes said that do not mail your ballot after October 25th. Councilor Price mentioned the Ballot tracking service. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 10:07 p.m. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 12, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 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 Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade 970-748-4019 jmccracken@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Joel McCracken, Senior Accountant RE: Financial Report August and September 2021 Revenues DATE: October 15th, 2021 SUMMARY: The content of this report will reflect the revenues for sales, accommodations, tobacco and cigarette tax for the period of August 2021. Further, revenues for real estate transfer tax and recreation admissions & program fees for the period of September 2021 will be reported upon. Lastly, a summary table of all revenues with a 2020 v 2021 YTD comparison. This is submitted as a written report and no action by Council is being requested. BACKGROUND: The Town’s 2021 budget was adopted in December 2020. The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for the periods of August and September revenues in 2021. Tax revenues are not budgeted on a monthly basis. However, for purposes of analysis, monthly budget variances are based on a 5-year average of actual revenues. Sales Tax Revenues – August 2021 August sales tax revenues totaled $863,504. This is an increase of $179,996 or 26.33% compared to August 2020 sales tax revenue of $683,538. AUGUST 2020 v AUGUST 2021, SALES TAX COMPARISON BY INDUSTRY August 2020 August 2021 Increase/Decrease Home/Garden $75,083.88 $95,738.76 $20,654.88 Grocery/Specialty/Health $208,325.46 $203,786.86 ($4,538.60) Sporting Goods Retail/Rental $42,009.31 $41,639.12 ($370.21) Miscellaneous Retail $23,590.65 $25,579.52 $1,988.87 Accommodations $104,452.35 $175,745.27 $71,292.92 Restaurants/Bars $124,157.39 $180,039.54 $55,882.15 Other $7,632.82 $11,405.51 $3,772.69 Service Related $9,259.72 $15,867.83 $6,608.11 Liquor Stores $35,033.42 $29,695.27 (5,338.15) E-Commerce Retail 14,492.10 $42,374.23 27,882.13 Manufacturing/Wholesale $8,235.16 $6,899.54 (1,335.62) Construction Related Services $24,742.16 $22,194.13 ($2,548.03) Digital Media Suppliers/Sellers $4,919.74 $6,431.19 $1,511.45 Commercial/Industrial Equipment $475,54 $1,168.63 $693.09 Special Events $1,128.47 $4,938.86 $3,810.39 TOTAL $683,538.19 $863,504.26 $179,996.07 Page 2 of 7 Note: Since the SUTS system was first implemented in the Town of Avon in late 2020, more than 100 businesses have registered to remit sales tax which has resulted in e-commerce retail sales tax revenues to dramatically increase. August 2021 Proposed Budget v Actual Collections: August 2021 sales tax revenues totaled $863,504. This is an increase of $95,301 over the proposed August 2021 estimates of $768,202. This is 12.41% over the 2021 proposed budget, which is calculated based on a 5-year average. AUGUST 2020 v AUGUST 2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - SALES TAX 2021 Budget 2021 Actual Dollar Variance Percentage Variance Sales Tax $768,202.80 $863,504.26 $95,301.46 12.41% 618,515.44 639,569.12 677,421.62 683,538.19 863,504.26 3.40%5.92%0.90% 26.33% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 2017 2018 2019 2020 2021 2017 -2021 August Sales Tax Revenue Trend Page 3 of 7 Accommodation Tax Revenues – August 2021 August 2021: Accommodation tax revenues totaled $186,774 for the month of August. This is an increase of $85,317 or 84.09% compared to August 2020 accommodation tax revenues, which totaled $101,457. Accommodation tax collections by industry type for August 2021 compared to August 2020 reported an increase for Vacation Rentals, Time Shares and Hotels. AUGUST 2020 v AUGUST 2021 ACCOMMODATION TAX COMPARISON BY INDUSTRY August 2020 August 2021 Increase/(Decrease) Timeshares $27,299.44 $32,105.11 $4,805.67 Hotels $60,863.49 $83,530.89 $22,667.40 Vacation Rentals $13,294.69 $71,138.35 $57,843.66 TOTAL $101,457.62 $186,774.35 $85,316.73 August 2021 Proposed Budget v Actual Collections: August 2021 accommodation tax revenues totaled $186,774. This is an increase of $73,922 over the proposed August 2021 estimates of $112,852. This is 65.50% over the 2021 proposed budget. 2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2021 Budget 2021 Actual Dollar Variance Percentage Variance Acc. Tax $112,852.60 $186,774.35 $73,921.75 65.50% 100,628 98,193 110,203 101,458 186,774 -2.42% 12.23% -7.94% 84.09% $75,000 $125,000 $175,000 2017 2018 2019 2020 2021 2017-2021 August Accommodation Tax Revenue Trend Page 4 of 7 Tobacco & Cigarette Tax Revenues – August 2021 August 2021: Tobacco tax revenues totaled $26,253 and cigarette tax revenues totaled $23,967 for August 2021. Compared to August 2020 revenues, this is a decrease of $1,879 for tobacco tax revenues, which totaled $28,132 and a decrease of $1,734 for cigarette tax revenues, which totaled $25,701. August 2021 Proposed Budget v Actual Collections: August 2021 tobacco and cigarette tax revenues totaled $26,253 and $23,967, respectively. This is an increase of $2,529 over the proposed August 2021 budget for tobacco tax, which is $23,724 and an increase of $6,231 over for the proposed August 2021 budget for cigarette tax estimates, which is $17,736 which is based on a 5-year average. 6,141 25,701 23,967 318.50% -6.75% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2019-2021 August Cigarette Excise Tax Revenue Trend 15,381 28,132 26,253 82.90% -6.68% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2019-2021 August Tobacco Tax Revenue Trend Page 5 of 7 2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2021 Budget 2021 Actual Dollar Variance Percentage Variance Tobacco $26,532.63 $26,252.64 ($279.99) -1.06% Cigarettes $17,736.30 $23,967.00 $6,230.70 35.13% $5,950.71 NOTE: Walgreens has a pricing and point of sale issues resulting in removing cigarettes and tobacco from their shelves. Real Estate Transfer Tax Revenues – September 2021 September 2021 September 2021 Real estate transfer tax totaled $573,882. Compared to September 2020, which totaled $732,112, this is a decrease of $158,289. $423,014 $311,023 $604,159 $732,112 $573,822 -36.01% 48.52% 17.48% -27.59% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2017 2018 2019 2020 2021 Real Estate Transfer Tax September Revenue Trends Page 6 of 7 Recreation Center Revenues – September 2021 Admissions & Program Fees September 2021: Recreation admission revenues for September 2021 totaled $56,634, an increase of $22,150 compared to September 2020, which totaled $34,484. This is $25,519 over the original 2021 budget estimates of $31,115. Recreation program fee revenues for September 2021 totaled $24,458. This is a decrease of $10,381 compared to 2020, which totaled $34,839. This is $4,268 under the original 2021 budget estimates, which is $28,726 which is calculated based on a 5-year average. 49,018 49,316 55,599 34,484 56,634 0.60% 11.30% -61.23% 39.11% - 10,000 20,000 30,000 40,000 50,000 60,000 2017 2018 2019 2020 2021 Recreation Admissions September Revenue Trends $30,853 $41,464 $34,705 $34,839 $24,458 34.39% -16.30% 0.39% -29.80% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 2017 2018 2019 2020 2021 Recreation Program Fees September Revenue Trends Page 7 of 7 Tax Revenue Comparison – YTD 2020 v 2021 Actual 2020 v 2021 All revenues are reporting an increase for 2021 compared to 2020. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2021 v Actual 2021 All revenues reflect a positive variance over the Adopted 2021 budget. Below is a table which reflects the dollar change and percentage variance. Thank you, Joel 2020 v 2021 Year-to-Date Revenue Comparison 2020 YTD 2021 YTD Dollar Variance Percentage Variance Sales Tax $5,493,700.52 $7,177,760.05 $1,684,059.53 30.65% Acc. Tax $820,886.40 $1,364,326.35 $543,439.95 66.20% Tobacco Tax $132,417.66 $201,560.39 $74,079.67 52.22% Cigarette Tax $169,905.42 $173,232.00 $3,326.58 1.96% RETT $2,718,749.52 $3,985,719.05 $1,266,969.53 46.60% Rec Admissions $279,737.29 $461,297.97 $181,560.68 64.90% Rec Program Fees $256,415.27 $284,277.35 $27,862.18 10.87% 2021 Revenue Comparison – Budget v Actual 2021 YTD Budget 2021 YTD Dollar Variance Percentage Variance Sales Tax $6,541,352.14 $7,177,760.05 $636,407.91 9.73% Acc. Tax $1,076,391.58 $1,364,326.35 $287,934.77 26.75% Tobacco Tax $138,405.47 $201,560.39 $63,154.92 45.63% Cigarette Tax $169,948.63 $173,232.00 $3,283.37 1.93% RETT 2,023,361.04 $3,985,719.05 $1,266,969.53 96.99% Rec Admissions $356,888.75 $461,297.97 $104,409.22 29.26% Rec Program Fees $257,695.56 $284,277.35 $26,581.79 10.32% 970-748-4069 kmartinez@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Kristin Martinez, Accountant RE: 3rd Quarter RETT Sales and Exemption Report DATE: October 13, 2021 SUMMARY: The 3rd quarter of 2021 has generated less RETT revenues compared to prior years. While there has been a significant amount of revenues generated through RETT, nine primary exemptions were applied for in the 3rd quarter of 2021. There were six Mi Casa applications approved in the 3rd quarter of 2021. BACKGROUND: Prior to 2020, section 17 and 18 were the only primary residence exemptions available to buyers in Avon. On November 12th, 2019, Council adopted Ordinance 19-05 which provides a 3rd primary residence RETT exemption. Under this new exemption, purchasers may apply for an exemption up to $240,000 of consideration paid, or up to $4,800 in RETT Relief. There are new conditions which must be met in order to qualify for section 19, which are highlighted Attachment A, SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS. In 2020, Mi Casa was approved to provide $650,000 in funds to qualifying participants. Of the $650,000 approved, $464,760 was contributed by the Town for 8 properties. In 2021, Council approved $900,000 in funds for Mi Casa with the goal to provide financial assistance for 12-16 homebuyers in 2021, this is an increase of $250,000, compared to 2020. ANALYSIS: RETT Exemptions Granted 2019 – 2021 In 2021, nine primary residence exemptions were granted in the 3rd quarter. This is a decrease of 8 exemptions granted in the 3rd quarter of 2019 and a decrease of 11 exemptions granted in the 3rd quarter of 2020. In the 3rd quarter of 2021, $28,800 was granted in RETT Relief, which is $43,150 less than 2020, which granted $71,950 and $23,987 less than 2019, which granted $52,787. RETT Exemptions Granted 3rd Quarter Trend Exemption Type 2019 2020 2021 Section (17) 17 13 9 Section (18) 0 0 0 Section (19) 0 7 0 Total 17 20 9 Page 2 of 4 3rd Quarter Primary Residence Exemptions Granted Month Avon Neighborhood Purchase Price of Property Exemption Section Amount Exempt July East Avon $710,000 17 $3,200 July Mountain Star $885,000 17 $3,200 August Wildridge $1,550,000 17 $3,200 August Wildridge $830,000 17 $3,200 August Wildridge $990,000 17 $3,200 August East Avon $2,625,000 17 $3,200 August West Avon $265,000 17 $3,200 September West Avon $560,000 17 $3,200 September East Avon $895,000 17 $3,200 Total 9 $28,800 52,787 71,950 28,800 26.63% -149.83% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 2019 2020 2021 3rd Quarter RETT Relief Granted Page 3 of 4 3rd Quarter Activity Actual RETT revenue for the 3rd quarter of 2021 totaled $1,545,433, This correlates to a total of $78 million in property sales. Total RETT Activity – 3rd Quarter 2021 July August September Total RETT Revenue $463,719.52 $507,891.58 $573,822.37 Total Exemptions $6,400.00 $16,000.00 $6,400.00 Total RETT $470,119.52 $523,891.58 $580,222.37 Total Sales $23,505,976.00 $26,194,579.00 $29,011,118.50 3-Year Average RETT Activity Based on a 3-year average, July and August 2021 RETT revenues reflect a positive variance of 77.18%, .49%, respectively. There is a negative variance of 9.88% for September 2021 RETT revenues. 3-Year Average RETT Revenue Trend 2019-2021 July August September Total RETT Revenue $261,726 $505,416 $636,698 Total Exemptions $19,130 $18,663 $13,387 Total RETT $280,856 $524,079 $650,085 Total Sales $14,042,800 $26,203,950 $32,504,250 % Variance 77.18% .49% -9.88% RECOMMENDATION: This is submitted as a written report; therefore, I have no recommendations for Council. Thank you, Kristin Page 4 of 4 ATTACHMENT A: SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS Exemptions Section (17) Section (18) Section (19) Amount $160,000 $160,000 $240,000 Home Value Cap None None $700,000 Eagle County Employee N/A Yes Yes Affidavit of Primary Residence Yes Yes Yes Promissory Note 1 year 1 year 3 years Lien Yes Yes Yes 970-748-4004 eheil@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Quarterly Update on 2021 Department Goals DATE: October 18, 2021 SUMMARY: During the two January Council meetings, we presented an overview of the many goals and plans of the Town of Avon Departments. This list of Department Goals presents an ambitious and full list of intended activities in addition to the regular function of each Department. An update on progress and/or completion will be presented quarterly. Council will have the opportunity to review progress and ask questions, make comments and provide further direction if desired, including additional, removal or re- prioritization of goals. Q1 updates. Q2 updates. Q3 updates. THIRD QUARTER UPDATE: GENERAL GOVERNMENT 1. Establish a “State of Town” Document or Video: Avon will create a “State of the Town” presentation that will review highlights from 2020 and provide an overview and outlook for significant projects in 2021. State of the Town video presentation is scheduled to be presented to Council at the April 27, 2021 Council meeting. Staff prepared a comprehensive presentation for the spring Avon Business community outreach which was presented at the Westin on May 26, 2021. [Here is a link to the presentation] COMPLETED. 2. Holy Cross Electric Franchise Agreement Renewal: The Holy Cross Electric Franchise Agreement is required to be renewed. This is a twenty-year agreement that expires on February 28, 2021 and needs to be renewed. A report and draft ordinance for first reading will be presented in January to Council. COMPLETED. 3. Implement Bang the Table Community Engagement Platform: Council approved the “Bang the Table” Community Engagement Platform in fall of 2020. Staff is preparing a variety of Town projects to post on this new platform. The goal is post approximately nine separate projects by the beginning of February and then review performance, functionality and usage with Council in April. First phase is completed with 5 projects published. Community Survey and Harry A. Nottingham Park East Design Project is planned to be published by mid-April. Presentation to Council was provided on March 23, 2021, along with review of performance and usage. Follow-up on review of performance and usage is planned to occur during the 3rd quarter. No update. This is continuous and a total of 9 projects are published. The 2021 Avon Community Survey was executed through this platform during the 3rd quarter. Our contract with Bang the Table will not be renewed past January 3, 2022 and a Council report with more details will be coming in Q4. Page 2 of 22 4. Update Procurement Code: The existing Procurement Code was adopted in 2010. Staff has a working draft of a revised and updated Procurement Code to present to Council at the end of February. Adoption of the revised Procurement Code would occur by Resolution. Updates the Procurement Code are planned to be presented to Council at the May 11, 2021 Council meeting. This project has been deferred and is planned to be presented to Council at the August 10th Council meeting. The project has been deferred until Q4 when we have a new interim Town Attorney hired. 5. Update Avon Brand Guidelines: Avon adopted Brand Guidelines in 2016 which establishes colors, fonts and standards for use of the Town logo. Since its adoption, Avon has not used some color formats, has integrated other colors, has returned to the “Heart of the Valley” tag line and has established the Heartbeat Newsletter. The update to the Avon Brand Guidelines document will incorporate current practices for marketing, communications and documents and will bring the document in-house so that it can be updated more easily. Brand guidelines were updated in February and a written report was presented to Council. There were some questions raised during presentation to Council. Council direction is requested on whether to bring the Avon Brand Guidelines back for further review and discussion. No update. 6. Update Contract Archive Procedures: All contracts are public documents and are required to be archived by the Town Clerk. Avon has not established written or uniform procedures for transmitting contracts to the Town Clerk’s office. Staff is currently creating a transmittal letter and uniform process for all Departments to transmit executed contracts to the Town Clerk’s office. We are also exploring placing all Town contracts in a designated folder under public records that can be accessible on the Town’s website. General Government has updated is procedures for contract archiving and is in the process of implementing with all departments. A written report from Town Clerk Brenda Torres was sent to Council for the May 11, 2021 Council meeting. COMPLETED. 7. Promote Recycling for Multi-Family and Accommodations Buildings in the Town Core: The West Town Center area has the highest concentration of multi-family and accommodations buildings. Staff will develop a contact list, determine existing practices, organize open house meetings with the building managers, and identify opportunities to promote recycling for these properties. Staff is in the process of contacting existing multi-family buildings and is scheduled to present a report to Council on May 11, 2021. This project is deferred to late summer. General Government staff resources were re-allocated to support Special Events when we were not able to fill both full- time seasonal Event Coordinator positions. Now that the event season has concluded, this project will be picked up in Q4. 8. Collect Residential Sales Data: Currently, approximately 50% of residences in Avon are occupied by full-time residents as their primary residence. The Avon Community Housing Plan states the goal to preserve this ratio of at least 50% primary residence occupancy of residential properties. In order to monitor and track compliance with this goal, residential sales data should be collected each year to determine the loss or gain in primary residence occupancy as well as to track real estate prices in relationship to affordable and accessible housing. Staff is scheduled to determine the process to collect residential sales data and present to Council at the April 27, 2021 Council meeting. This project is deferred to the 3rd quarter. Now that the event season has concluded, this project will be picked up in Q4. Page 3 of 22 9. Adopt Recall Procedures by Ordinance: Avon Home Rule Charter states that Avon may adopt Recall Procedures by ordinance. Avon has not adopted Recall Procedures. Other municipalities have adopted Recall Procedures which typically include forms and instructions which are more accessible to the public. This goal is on hold until the Eagle County District Court rules on the pending recall declaratory judgment action. The Eagle County District Court ruled on the declaratory judgment action on June 23. The Appeal of this judgment may take several months, so this project is deferred until further notice. This project will be delayed until after the November election. 10. Establish a Climate Action Investment Matrix: Avon appropriates and invests funds every year to implement greenhouse gas reduction and advance climate action goals. Establishment of an investment matrix is a carry-over project from 2020. The intent is to summarize various climate action projects, the financial investment for each project, the reduction of greenhouse gas and then provide a comparison of return on investment for various projects. Staff is scheduling time in April to gather data from each Department on greenhouse gas emissions and how to present this information in an investment matrix. We have scheduled to present information to Council at the May 11, 2021 Council meeting. This project is deferred to fall due to several Department Director and re-prioritizing to support continuity of daily operations. Now that the event season has concluded, this project will be picked up in Q4. 11. Research Net Zero Communities: Avon endorses the Net Zero Mountain Town 2030 goals of reducing community greenhouse gas emissions to a “net zero” level. This goal involves researching and presenting the actions, economy and lifestyle of communities that have achieved net zero greenhouse gas emissions. Staff is compiling research and information on net zero communities and provide a presentation to Council in work session during the 4th quarter 2021. This project is deferred to fall due to re-allocation of resources to support Special Events during the summer. Now that the event season has concluded, this project will be picked up in Q4. 12. Comcast Franchise Renewal: The current Comcast Franchise Agreement expires at the end of 2022. A cable franchise agreement renewal process typically requires a year. The goal is to review the process and then commence by the end of 2021 and conduct the majority of the renewal process in 2022. This goal is planned to start in the 4th quarter of 2021. No update. No update. 13. Trademark Logos and Names: Identify various logos, marks, event names and tag lines used for Avon’s brand and file appropriate action to trademark and protect this branding and marketing intellectual property. This goal is planned to start in the 2nd quarter of 2021. A written report is scheduled to be provided to Council in the 3rd quarter of 2021. No update. No update. 14. Art in Avon: Art in Avon will solicit artists to create outdoor art works that can be displayed in various locations in Avon for a year and then would be replaced each year with new artwork. Artists receive a modest commission to assist with material costs and the artwork is displayed for potential sale. It would be featured each year and would be promoted with self-guided walking tours. This goal is substantially underway. A written report was provided to Council on February 23, 2021. A follow-up work session is scheduled for June 22, 2021. Sculptures were selected and installed. Avon’s inaugural Art Walk was held on Friday, June 11, 2021. COMPLETED. Page 4 of 22 15. Recreation Center Mural: The Avon Recreation Center has three large blank cinder block walls on the south side of the building facing the Avon Main Street Mall. This area was identified for installation of mural art in a manner similar to Lettuce Shed Lane. This goal is substantially underway. A diverse review committee has been established to review over 25 mural submissions. This project is on track to be implemented in early summer. An artist was selected, and the Recreation Center Mural was installed in June 2021. COMPLETED. 16. Conduct 2021 Community Survey: A biennial survey would be conducted in the late spring to solicit input on Town services and pending policy questions. The community survey will be sent to residents, property owners and business owners in Avon. Staff is in the process of working with the CASE Committee and Health and Recreation Committee on various survey questions. The 2021 Community Survey was reviewed at two Council work sessions and is currently live through July 30th. The community survey results were presented to Council on September 14 and the reports are available on the website. Staff has been instructed to reference/include survey results in staff memos where appropriate over the next 24 months. COMPLETED. 17. Conduct Long Range Avon Vision Process to Replace Former Strategic Plan: A vision document will be created that describes how the Avon community desires to see Avon in 10 to 20 years along with strategic policies to achieve this vision. This goal will start in the 3rd Quarter after the results of the Community Survey have been compiled. No update. No update. 18. Establish Winter Marketing Plan for 2021-2022 Ski Season: A winter marketing plan will be created which reflects the values of the Avon community and seeks to attract visitors during the winter which are compatible with Avon’s community values. This goal will start in the 3rd Quarter in preparation for the 2021-2022 Winter Season. No update. No update. 19. Update discoveravon.org website: The Discover Avon Website will be updated to establish a more attractive and user-friendly destination marketing website ready to serve the Town’s future marketing plan. Updates to Discover Avon Website are nearly finished and this marketing website will be presented to Council at a work session in the 2nd Quarter. Discover Avon went live in Q2 and was presented to Council at the May 25, 2021 meting. COMPLETED. 20. Research Home Office Licenses: A business license is required for residents working from their home office in Avon. Staff will research best practices in peer communities. A written report will be presented to Council on the April 13, 2021 Council packet and a work session for review and direction will be scheduled in the 2nd Quarter. This report was submitted to Council on April 13, 2021. Council did not provide direction to take any further action. COMPLETED. Page 5 of 22 THIRD QUARTER UPDATE: FINANCE 1. Implement Tyler Incode ERP System: The Finance Department proceeded with the Tyler Technologies software upgrades to replace Sungard and PowerPlan in the fall of 2020. All of the Town’s accounts will be transferred over and entered into the Tyler Technologies software platform and Staff will be trained on using this new platform for all budgeting and financial matters. An overview of the new platform and functionality will be presented to Council in early 2021. Finance staff has been involved with the implementation of the new ERP (Enterprise Resource Planning) system since the first quarter of 2020 when the planning process with Tyler began. The implementation has been done entirely remotely which I believe was a first for Tyler. Planning. The planning phase consisted of sharing information with Tyler in order for them to begin the task of setting up our new systems with the Town’s chart of accounts, vendors, banking information, personnel files, payroll data, budget, general ledger balances, fixed asset records, forms and much more. Amy Greer, Robert McKenner, and I held biweekly project planning meetings with our Tyler project manager through the end of the year. Implementation. Beginning November 1, we began configuration meetings with our implementation consultant. These meetings ran 4 days per week for 4-6 hours per day for several weeks through the end of December. These meetings involved various staff based on the module being implemented and included administrative setup and security, user setup, establishment of internal processes, review of converted data, reporting, etc. This also included two parallel payroll runs at the end of December and beginning of January. A parallel run involves preparing and running the Town’s entire payroll on the old SunGard system as well as on the new Tyler Incode ERP system in order to make sure all payroll totals, taxes, benefits, and deductions match each other. Go Live. The Town went live with the general ledger in Incode on January 4, the first workday of the new year. Since then we have gone live with all modules with the exception of Accounts Receivable. This includes cashiering, purchasing, accounts payable, personnel management, payroll administration, fixed assets, project accounting, and bank reconciliations. The position budgeting module and the budget portion of general ledger have been implemented but not really used yet. The Go Live process ran 1–5 days for each module averaging 4–6 hours per day over several weeks with staff working through remote screensharing with our Tyler Go Live consultant. Shortly after each module went live for Finance, the Finance staff then trained departments to utilize various components including creating requisitions, approving requisitions, viewing and managing purchase orders, and invoice entry. As Finance continues to use and better learn the Incode system and the myriad of reports available, we will assist end users in setting up and customizing their dashboards. We will train on and begin using the position budgeting module and budget as we get closer to budget season this summer. The 2020 year-end audit is a hybrid of two systems and may be a little challenging as only general ledger balances from SunGard (not detailed transactions) were migrated into Tyler. Reporting and system integration is Page 6 of 22 significantly improved and should enhance end user’s experience and efficiency in gathering management data. With the exception of position budgeting and budget input, the implementation of the initial ERP system is complete. On July 14, finance staff and staff from other departments will demo three additional software modules: Executime Timekeeping, HR Onboarding, and Content Management. Position budgeting and budget input have been implemented and are currently in use in preparing the 2022 budget. Executive will be implemented during the laset quarter of 2021. 2. Implement ClearGov Budget Platform: Council approved the Clear Gov Budget website platform to improve the public’s ability to review and understand the Town’s budget. A presentation to Council will be scheduled in early 2021. A demonstration of the platform is scheduled for the April 27 Town Council meeting. For the 2022 budget year we plan to add information regarding capital projects, maps, project descriptions, budgets, and more detail. This platform is very dynamic and the Town can upload additional information to the Transparency platform at any time. COMPLETED. 3. Create a Public Real Estate Transfer Tax Analysis Document: Questions concerning the Town’s real estate transfer tax arise periodically. A comprehensive analysis of the Town’s real estate transfer tax will be prepared and presented to Council in early 2021. A follow-up with the Town Manager is needed to decide next steps, if any. COMPLETED. 4. Broadband Planning Project: Town has contracted with HR Green to conduct a Broadband planning analysis, which will include conducting a market assessment, determining community preferences, and analyzing the broadband activities of our peer mountain resort communities. Phase 1 – Public Outreach Task 1 – Community Needs Assessment March - April Task 2 – Market Assessment March – April Task 3 – Assessment of Private Broadband Resources April – May Task 4 – Peer Community Summary March - April Task 5 – Inventory & Assess Assets/GIS Tool March – May Task 6 – Establish Community Broadband Vision May Task 7 – Identify Smart City Synergies April - May Phase 2 – Planning Task 1 – Conceptual Network and Infrastructure Requirements May-June Task 2 – Develop Financial Feasibility Model June – July Task 3 – Complete Broadband Master Plan & Executive Summary July - August Meeting – Final Report & Presentation August 2021 A kick-off meeting with HR Green was held in late February. Tasks for the projects and completions dates were agreed on (See task list below). A residential/business broadband survey has been published on the Engage website. The survey closes April 30. Participation in the survey so far has Page 7 of 22 been very limited. An advertising plan to increase survey participation as been implemented. Next, HR Green will be scheduling individual and group meetings with key anchor institution. All tasks in phase 1 are complete except Task 6. Task 6 requires Council’s input to establish a vision. This is a two-step process. The first step would be to have a working session with Town Council and HR Green. The meeting would focus on gaining direction from council through question and answers. The second step would be providing a written report and a Council presentation. A Council presentation is scheduled for November. 5. Research Sales Tax on Vehicle Purchases and Leases: Staff will research the total sales tax paid for vehicle purchases in the Town of Avon in order to present information on the potential financial incentive for sales tax waivers for electric vehicle purchases. No update. COMPLETED 6. Refresh Financial and Budgetary Policies: The Town’s budget includes Financial and Budgetary Policies which are re-adopted each year. Staff will review and present proposed revisions to the Financial and Budgetary Policies to the Finance Committee for inclusion in the draft budget for 2022. This will begin in August during the 2022 budget process. Financial and Budgetary Policies have been reviewed and have been revised within the various fund narratives. Final versions of policies will be included in the ClearGov Digital Budget Book that will be published in early January. 7. Update Financial Comparison of Peer Communities: Town conducted comprehensive comparisons of the Town’s tax structure with neighboring communities in Eagle County. Staff will update those comparisons and expand to include our primary comparator communities of Breckenridge, Frisco, Silverthorne, Snowmass, Steamboat Springs, Telluride and Vail. & 8. Research Portion of Avon’s Revenues from Visitor Economy: Staff will conduct an analysis to determine the share of the Town’s revenues that are derived from the visitor economy. For goals 7 & 8 Staff has held a meeting with EPS, the firm that did the original Fiscal Analysis and Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Transfer Tax Impacts. EPS has submitted a proposal which is currently under review by the Town Manager. No update. 9. Establish Long-Range Planning Projection per Budget Policies: The Budget Policies state that long-range planning projections should be established. Staff will prepare long-range planning projections for presentation and review by the Finance Committee. This will begin in late July during the 2022 budget process. This has been delayed and will begin in November 2021 and continue into the 2022 budget year. 10. Establish Improved Public Involvement Process and Budget Schedule: Staff will establish and execute an improved budget schedule for public involvement for the 2022 budget process. The first step of drafting a list of vision and strategy ideas is set to begin in early July. This has been delayed and will begin in November 2021 and continue into the 2022 budget year. 11. Establish Improved Assessment of Revenues and Costs for Identified Activities: Staff will utilize the Tyler Technology platform to identify activity areas, such as Recreation Center, Transit, Fleet operations, and Special Events, and present revenues and expenses with those activity areas to promote understanding of cost and financial goals to balance revenues and expenses in specific activity areas where possible. This will begin in August during the 2022 budget process. A presentation was given to the Finance Committee regarding the Town's projections of revenues, particularly sales Page 8 of 22 and accommodation taxes. The committee seemed satisfied that the Finance Dept's projections were data-driven, conservation, and appropriate. COMPLETED. 12. Present Legal and Financial Analysis of Use Tax: Staff will prepare an overview of sales and use tax as commonly used throughout Colorado, potential revenues, potential dedication of such revenues for designated purposes such as capital improvements or community housing, and present that information to the Finance Committee. Staff will be presenting a report and PowerPoint presentation regarding construction materials use tax at the July 13 Town Council meeting. The purpose of this presentation is to encourage Council to move forward with a ballot question in November to approve a construction materials use tax. A use tax presentation was given to Town Council on two separate occasions in August. The Town Council decided to not pursue a ballot question at this time. Town staff will regroup and develop a work plan for construction use tax ballot question for the 2022 elections. 13. Research Marijuana Tax: Staff will research this opportunity and prepare a report and present that information to the Town Council. No update. Finance will provide tax information from Eagle County for a report from Community Development. 14. Research & Implement Blended Virtual/In-Person Format: Council indicated they would like to offer virtual participation as an option once/after Council goes back to meeting in-person in Council Chambers. Staff will research and implement the technology to host such a “blended” meeting. On April 1 and 2 JK Perry and Robert McKenner tested a hybrid solution. On April 5 JK and Robert are presenting the recommended solution to the Town Manager, Mayor and Mayor Pro Temp. If the solution is acceptable a budget will need to be developed to modify the audio/visual system in Council chambers. COMPLETED. OTHER PROJECTS NOT INCLUDED IN TOWN COUNCIL GOALS Online Travel Company (OTC) setup: Pursuant to the Town’s recent sales tax and accommodation tax ordinances Finance staff has been communicating and setting up licenses for marketplace retailers to collect and remit taxes to the Town. Ongoing. Purchasing Card Systems: As of 4/1/2021 we have completed the migration to a new purchasing card system with UMB Bank and are no longer using First Bank debit cards. The new purchasing cards allow users to upload receipts and coding electronically and allow finance to upload and post transactions electronically to our general ledger. This is a much more efficient process for Finance, and will eliminate the need for most petty cash checks. COMPLETED. Annual Audit: The final draft of the audit report will be presented to Town Council for acceptance on July 13. COMPLETED. Page 9 of 22 THIRD QUARTER UPDATE: HUMAN RESOURCES 1. Comparison of Benefits in Peer Communities: Staff will conduct a comprehensive review of employee benefits offered in our peer communities, including our primary comparator communities. This research was completed in 1Q21. In addition, we completed a separate review of how our comparators (and other communities of interest) have treated merit increases and range adjustments in 2020 and for 2021. An updated report for Council is being prepared, and will be delivered in mid-August. Report was submitted as a written report in the August 25th Council Packet. 2. Implementation of Customer Service Training Program: Staff will establish and implement a customer service training program that provides uniform training and sets uniform expectations for how Town Staff interacts with the general public. The first draft of this has been reviewed with the Town Manager, and will be rolled out in early Fall. Final draft was provided to the Town Manager. 3. Implementation of Performance Evaluation Training Program: Staff will establish a training program for Directors and Supervisors to conduct performance evaluations with the updated performance evaluation criteria. This initiative has moved into the Summer as we adjusted the Town to a focal point structure for Performance Reviews and Merit Increases. Performance Evaluation process is underway; workshops for supervisors were held, and all forms have been distributed. We expect to complete this according to the schedule provided. 4. Implementation of Annual or Semi-Annual Pulse Survey: Staff will establish and implement a ‘pulse survey’ to be sent to all Town employees to gather input on working conditions, concerns, and recommendations for improved practices. A Pulse survey for fulltime employees was completed in in 1Q21. The results were reviewed with the Town Manager, and a communication to employees is being developed. Results may drive some additional initiatives for the year. No update. 5. Update American with Disabilities Act Coordinator: The Town adopted by resolution designations and processes for an American with Disabilities Act Coordinator in 1993. Staff will update this document in 2021. An initial review of what other towns are doing has been completed. The next step is to draft a new resolution to comply with ADA and ADAAA, appoint a Coordinator, and implement. No update. 6. Assess Human Resources Information Systems (HRIS): Staff will assess the utility, functionality, costs and benefits for a Human Resources Information System in 2021 and propose options and recommendations for adoption in 2022. An RFI document was developed, and HR has completed demo’s with a number of providers. Tyler Incode had been reviewed in 2019, and had Page 10 of 22 insufficient functionality, but has enhanced their system over the last two years. Finance, IT and HR will be reviewing a deeper demo into Tyler Incode in mid-July. Our current goal is to complete the review process quickly, and get a system installed prior to the end of the calendar year. This project is ongoing. We have conducted online demonstrations of four HRIS solutions, and two more are scheduled in October. We will narrow this further to two targets. IT and Finance are closely involved in this process. This project is ongoing. THIRD QUARTER UPDATE: COMMUNITY DEVELOPMENT 1. Implement Bang the Table for Planning Projects: Approximately half of the Bang the Table projects will be planning and development projects overseen or administered by the Community Development Department. Staff will actively participate in developing content for the Bang the Table platform. Content was created for USFS 779, with a high volume of comments related to the OHV Ordinance. East Harry A. Nottingham Park improvements are live and currently being ‘pushed’ for input as this project gains traction. An emergency response plan for Wildridge- Wildwood-Mtn Star is being developed for the 4th Quarter. Content will be created for Swift Gulch housing project in 2022. COMPLETED. 2. Update Avon Community Housing Plan: Staff will update the Avon Community Housing Plan to reflect decisions and direction since its adoption. Work Sessions took place in Q2. The plan has moved through the PZC and is before Council for final review of Ordinance 21-13. 3. Implement SmartGov Permit and Planning Software: Staff will implement the SmartGov Permit and Planning Software to improve Department efficiency. The new Community Development software went live in mid-April and continues to be configured to maximize efficiency in the review processes for the Department. All building permits and planning applications are now administered through the software. COMPLETED. 4. June Creek Road Emergency Egress: Staff will lead Town’s efforts to coordinate with the Berry Creek Metropolitan District, Eagle River Fire Protection District, Eagle County Emergency Management and other stake holders to pursue establishment of an emergency vehicle access on June Creek road. Marcin Engineering completed survey work of the corridor connecting Wildridge and June Creek Point Road to Singletree. First draft of engineered grading plan for safe road platform connecting to Singletree Road has been completed. Next steps include consultation with Singletree Property Owners Association and Eagle County to determine if a variance is required. 5. USFS Road 779: Staff will lead Town’s efforts to solicit community input regarding recreational use of USFS Road 779, coordinate with the US Forest Service, determine Council direction where Page 11 of 22 appropriate, and implement such direction. Engage Avon page was created to begin collecting related comments during the OHV Ordinance preparation. Memo of Understanding with USFS drafted. Town Council was addressed by the White River National Forest District Ranger as well as community members and representatives from a local non-profit trail group. Memo of Understanding and grant request coming from OHV recreational group for 779 improvements. 6. Swift Gulch Employee Housing Planning: Staff will lead efforts to conduct initial schematic designs, cost estimating and financial options for the development of Town owned employee housing at the Swift Gulch site. RFP process to obtain architectural services August-September. The Professional Service Agreement is now before Council for project launch in November. Initial schematic drawings will be vetted with stakeholders and presented to Council in Q1, 2022. 7. Title 7 Development Code updates: Staff will present updates to the Development Code including updates to the Sign Code to address revisions on electronic signs and political signs. Drafted amendments were vetted with staff and PZC. Approved in August by Ordinance and codified. COMPLETED. 8. East Harry A. Nottingham Park Planning Project: Staff will lead a community-based design effort to consider improvements to Nottingham Park, including construction of restrooms and related facilities to support events on the main field and the Avon pavilion. Conceptual design alternatives were produced, following input from the Leadership Team members who directly interact with Nottingham Park. In addition to CASE and PZC involvement, public engagement included AvonLIVE! concerts in the summer and some utilization of Engage Avon. The 3rd Quarter included schematic design development. Final programming and design will be completed in Q4. 9. Implement Historic Monument Project: Staff will oversee installation of historic photo monuments around Avon and assist with the creation of a walking tour document. Danita Dempsey led the coordination of the Historic Monument Project’s sign content. Sign designer produced initial layout for signage. Design should be completed in Q4. 10. Early Education Capacity Research: Staff will research child care needs for the Avon Community and capacity of local early education providers. Regional meetings were launched by Eagle County to explore this issue valley wide. Initial meetings commenced with an interested party would could develop a facility. 11. Customer Service Survey: Staff will establish a customer service survey that can be provided to development applicants each year to gauge the Town’s customer service and solicit input on recommendations for improvement. A survey was provided in January to all planning application applicants. Overall, positive remarks were received all around. This survey tool will be expanded in scope to include building permit applicants, with increased frequency (i.e. quarterly) to garner a better response rate and capture all “customers” of our Department. COMPLETED. Page 12 of 22 Other Identified Projects: 1. Emergency Notification Planning: Following Council direction at a recent meeting, Community Development will lead a comprehensive review of emergency notification tactics for the Mountain Star, Wildwood and Wildridge communities. Initial analysis of the northern hillside communities has been coordinated with Police, Engineering. The Mountain Star community has indicated they are interested in reviewing alternatives. Findings from study will be posted to Engage and community input will be brought to PZC, before returning to Council in Q4. 2. Dark Sky Ordinance: Council expressed interest at the June 22, 2021 meeting to explore updates to the Dark Sky Ordinance to address interior lighting. This was prompted in part by comments received related to the new Piedmont Apartment Project. The Building Official has been working with Piedmont property management to mitigate installed garage structure lights and stair core lighting. Studying the Dark Sky Ordinance and reviewing how other communities address outdoor (and interior) lighting has not commenced. 3. Marijuana Zoning: After Amendment 64 was approved by Colorado voters in 2013 the Town Council adopted a moratorium while considering a local Ordinance to permit the cultivation, processing and retail sales of Marijuana. After a thorough analysis and presentation to Council in 2014 (here.) retail and other commercial uses were prohibited indefinitely. Direction is being sought on this work item, which is expected to consume multiple departments’ attention. The 1,000’ buffer analysis from Public Park Parcels with the current Zoning/PUD prohibition (notably, Village at Avon), is included here to demonstrate the small number of parcels potentially availing themselves to the discussion. The map demonstrates that in order to permit marijuana from a zoning standpoint, the following actions would be necessary: 1) Amend the Village at Avon PUD. The map demonstrates that if the PUD were amended, the area north of Interstate 70, referred to as “Planning Area J”, could meet federal distancing requirements and be a potential area for sales; or 2)Amend Municipal Code for Shopping Center and Neighborhood Zone Districts. An Ordinance approving the designation of retail marijuana in the Shopping Center (SC) and Neighborhood Commercial (NC) districts could result in retail sales taking place on the parcels surrounding the main Avon Road Interstate 70 exit, Avon Plaza, 51 Beaver Creek Place, and the City Market property; and/or 3) Amend the Chapel Square PUD. An Ordinance could permit sales in the entire Chapel Square complex. Chapel Square PUD and the Village PUD are the only PUD zoned properties that are commercial in nature and outside the 1000’ buffer requirement. The Finance Department is reviewing other municipalities and counties to understand financial impacts where this use has been licensed and regulated. The results from that study will be presented to Town Council when available. Page 13 of 22 THIRD QUARTER UPDATE: ENGINEERING 1. Implement Capital Improvements Projects Plan for 2021: Provide written status reports on capital improvements projects to Council at first Council meetings in April, June, August, October and December. The Second update is included in the July 13, 2021, Council Packet. The Third update will be included in the November 9th, 2021, Council Packet. 2. Create Public Infrastructure Schedule: Staff will establish a comprehensive schedule of the Town’s public infrastructure, with replacement costs for the next 20 years, including roads, buildings and public facilities. A comprehensive schedule is complete and will be presented to Council at the April 13, 2021 meeting. This information will be re-introduced as part of the 2022 Capital Page 14 of 22 Improvements Plan budget process this fall. The complete scheduled for assets will be included in our annual budgets going forward. No update. 3. Research Best Practices by Peer Communities on Site Security Obligations: Staff will research the best practices for site security obligations for construction projects and present a written report to Council with recommendations. Conditions to ensure completion were added to the Riverfront Grading Permit and Letter of Credit. Additional conditions ensuring completion will be added to future grading permits. This information will be presented in the 4th quarter. No update. 4. Prepare Grading Regulations for Utility Maintenance Work: Staff will review existing grading regulations for utility maintenance work and provide recommendations for revisions. A written report will be prepared for Council in the 3rd quarter. A written report will be prepared for Council in the 4th quarter. 5. Add Additional Layers of GIS: Staff will continue to develop and add additional layers of GIS to build the Town’s GIS system. The first layers are currently being uploaded to the Town’s GIS system. The irrigation and street light layers will be completed by the 3rd quarter. Staff is preparing a budget that will be presented as part of the 2022 Capital Projects Fund budget proposal. [No change from 1st quarter report]. The first layers, including the streetlights and irrigation system are currently being uploaded to the Town’s GIS system. The 2022 GIS implementation program will include the Town’s drainage infrastructure, Planning Department layers, and Transit System. 6. Village (at Avon) Water Bank: Staff will finalize the Village (at Avon) Water Bank schedule and procedures in cooperation with the Village (at Avon) Development Agreement. Staff met with the Traer Creek Development Team in December and are researching other communities’ procedures. They are considering a process where a new development provides an irrigation plan with projected water use and then Traer Creek will evaluate the actual use 3 to 5 years after construction and finalize the allocation. Traer Creek hired hired a water rights consultant to develop a process. 7. Mayor’s Water Challenge: Staff will research what is involved to participate in this national challenge for potential implementation in 2022. In order to compete, the Town and Mayor sign up for the Challenge and agree to distribute Public Relations documents promoting the challenging. The Challenge runs from April 1 to April 30 every year. I recommend we sign up in January 2022 for the April 2022 challenge. We can outreach to the District and neighboring communities and partner together for the 2022 challenge. [No further action is required this year] No update. 8. Review Water Allocation: Staff will review the Avon water rights allocation to determine if projected water demands for future redevelopment are aligned with water rights and existing water service agreements. This is on-going and is part of each development plan submittal. The Town is currently developing at a lower density then projected in the UERWA Lease Agreement. Staff plans to begin review of overall projected water allocations with UERWA in the 2nd Quarter and complete review as well as reconcile any differences before the end of the 4th Quarter. No update. Page 15 of 22 9. Energy Conservation Measures. Staff is continually evaluating energy conservation measures at all of our facilities. An energy audit of the Recreation Center was completed in April 2021 and the results are under consideration. The HVAC upgrade project will evaluate energy conservation measures and a transition to electrical system from natural gas. Staff will evaluate future photovoltaic systems on town facilities including the Fleet and Recreation Center buildings. THIRD QUARTER UPDATE: PUBLIC WORKS 1. Prepare Level of Service for All Park, Landscape and Streetscape Maintenance: Staff will prepare a document that describes the level of service for park, landscaping and streetscape maintenance that meets the expectations of the Avon community. A draft has been submitted for internal review. A Level of Service document with a description of resources and costs will be presented to Council as part of the Public Works Department Presentation at the September 24, 2021 Council Budget Retreat. This document is sitting with Eric, we are waiting to hear back from him. 2. Create a Schedule of Park, Trails and Streetscape Capital Assets and Maintenance Plan: Staff will create a schedule of Parks, Trails and Streetscape infrastructure that is similar to and will compliment the Public Infrastructure Schedule to be created by the Engineering Department. A draft has been submitted for internal review. A Public Works Asset Inventory document with cost estimates for repair and replacement and priority recommendations will be presented to Council as part of the Capital Improvements Fund presentation at the August 24th Council meeting. We are waiting to hear back from Justin’s comments, the document is almost completed. 3. Implement Timely and Effective Richardson Ground Squirrel Control Program: Staff will implement the control programs for the Richardson Ground Squirrel in spring 2021, before the population grows. Bait boxes will be set in place mid-April, May or soon as the ground squirrels start coming out for the summer. There is a window for best practice to eliminate these squirrels. Orkin was contracted in March and bait boxes were installed in April. They have been on site once a week checking to see what they are doing is working. I am waiting for a detailed memo from them telling us what they have been doing and what they are going to do moving forward. Done for 2021, moving forward we are working with Orkin to see what more lethal legal ways they can be controlled, will not get rid of them 100% 4. Implement Pilot Bio-Char Program: Staff will research and implement a pilot bio-char program to use wildfire mitigation materials and organic yard wastes to create bio-char that can be used as a soil Page 16 of 22 amendment. Currently staff is researching topics with a high emphasis on safety measures. Findings will be shared with the Town Manager and implemented this fall. We are currently looking for flower beds where this can be used within the Town of Avon, especially flower beds that are going to be freshly planted. Have done nothing with this, summer to busy and at the end of the summer, short staffed. We will continue with research on this, this winter. 5. Install Outdoor Music Equipment: Staff will install outdoor music equipment near the Avon Recreation Center and by the Avon playground in spring, 2021. Staff has installed all the outdoor music equipment pieces. COMPLETED. THIRD QUARTER UPDATE: RECREATION 1. Facilitate Health and Recreation Committee input on Recreation Questions Community Survey: Staff will prepare questions for the Community Survey related to Health and Recreation and will submit the questions for review and input by the Health and Recreation Committee. March 2021 Health and Recreation Committee meeting work session produced a final draft of recommended questions for the 2021 Town of Avon Community Survey. All questions were reviewed and finalized for the distribution of the community survey. Survey questions were reviewed and will be a reference for future direction and consideration. COMPLETED. 2. Implement Covid-19 Public Health Orders as Amended: Staff will continue to implement COVID- 19 Public Health Orders as appropriate. Most recent update to the public health order provided opportunity to increase capacity in the pool area and combine Cardio Room with Functional training Room as one space, not separate reservations. The recreation center has transitioned out of all COVID-19 policies and procedures as of Sunday, June 20. Reservations are no longer required in any area of the facility, but two lap swimming lanes are available for reservation Monday-Friday, between 11:30 AM and 4:00 PM. The department continues to strongly encourage patrons who are not vaccinated to wear a face covering while using the recreation center. Staff will remain adaptable as the indoor winter season approaches. COMPLETED. 3. Develop Landscaping Plan to Enhance Outside Appearance of the Recreation Center: Staff will develop a landscape plan to improve the outdoor appearance of the Avon Recreation Center. Project moved to early second quarter to allow Public Works to finish their winter season schedule. Project moved to early third quarter to allow Public Works to finish the busy summer season schedule. A site walk has been scheduled with the Public Works Department Page 17 of 22 to determine scope of work and timeline of the project for Spring/Summer 2022 implementation. 4. Update White Water Park Signage: Staff will review and assess current signage. Signage will be updated and increased in the area. Proofs of new signage have been drafted and will work with staff to finalize and implement by the end of July. Staff is currently working with Community Development to produce new informational, black, powder coated signage for all areas of the White-Water Park. Signage communicating general park rules and regulations will be installed April 2022 prior to the boating season. 5. Organize Cardboard Boat Regatta: Staff will collaborate with Special Events Department to provide this race during the Summer’s End event over Labor Day weekend. Staff is currently planning the event with the Special Events team. The Cardboard Boat Regatta was offered during the town’s inaugural Summer’s End event over Labor Day weekend. This event was run in conjunction with competitive and recreational SUP races. Six cardboard boat teams entered the event. COMPLETED. 6. Replaster Slide and Leisure Pools: Staff will oversee and implement re-plaster the middle leisure pools with Diamond Brite finish and will complete jacuzzi leak repairs. We received three quotes, (277k, 165k and 144k). Amount available in the 2021 replacement fund, $123,000. Staff will present options to either reduce scope of work and replaster the three leisure pools and defer the lap pool; or request additional funds from the Capital budget and complete the project for all four pools. Staff is finalizing scope of work to and replaster the hot tub, leisure pools and lap pool, repair hot tub leak and repair several sections of the pool deck concrete and trench drains. Construction is in progress for replastering all pools and repairing the hot tub leak. This project is maintaining its original timeline with an anticipated completion date by October 29, 2021 and full facility reopening on November 1, 2021. Concrete and trench drain repair will be proposed for an Spring 2022 completion. 7. Execute Nottingham Lake winter Ice Program: Staff will execute the opening of Lake Nottingham for public ice skating in 2021. Offered skating seven days per week January 1, through February 28, 2021. Staff will finalize 2021-2022 season dates transitioning into the Fall. Staff is working closely with the Public Works Department to confirm ice rink dates and operational adjustments for the 2021-2022 season. Programs planning to be added for the 2022 season include hockey, tea kettle curling and broomball. COMPLETED. 8. Expand Adult Programs: Staff will develop plans to increase adult programs for the Fall/Winter (September-December) program cycle. Staff is currently finalizing program offerings for the Fall/Winter 2021 program cycle. Programs will include: adult drop-in sports, adult sports leagues and senior programming through Eagle County Healthy Aging. The department’s Fall/Winter (September-December) programs were released in early August. New programs include: Pumpkin 2K Family Fun Run, adult dodgeball tournament, volleyball tournament and basketball tournament. Drop-in sports (pickleball, volleyball, soccer and basketball) return beginning November 1 out of the Avon Elementary School Gymnasium. 9. Enhance Open Water Swim Championships with CASE: Staff will seek to enhance the Open Water Swim Championships, will seek to graduate six senior swimmers to collegiate level swimming, Page 18 of 22 and will apply for USA Swimming Foundation grant to increase subsidized swim programs. Staff will organize a collaborative meeting in April to begin discussions with the Special Events Manager. The USA Swimming Grant has been submitted and is under review. Staff will organize a collaborative meeting in July to continue discussions with the Special Events Team. The meet is in under review for approval and sanction through USA Swimming and United States Masters Swimming (USMS). The town successfully ran this event for the fourth year in a row with support from Public Works and CASE departments. The swim meet brought 87 swimmers and 16 teams from Colorado USA Swimming organizations over the course of the two-day event weekend. Attempts were made to enhance this event by adding food and clothing vendors. Unfortunately, all vendors who were solicited for the event were not able to attend due to unforeseen circumstances. Staff will continue to make operational adjustments and work closely with CASE to enhance this event in the future. COMPLETED. 10. Provide Recreational Input for Nottingham Park Improvements: Staff will solicit input from the Health and Recreation Committee on Nottingham Park Improvements. May 2021 agenda will include written report and Staff presentation for a discussion on park improvements. August 2021 agenda will include written report and staff presentation for a discussion on park improvements. Staff conducted two work sessions at Town Council meetings in September and October 2021. Staff was able to obtain feedback regarding several areas of improvement for consideration in Harry A. Nottingham Park. Consensus was met among several proposed improvements and there will be further discussion regarding other park improvements. A final report is being produced that staff will reference for future discussions and when planning to implement several of the proposed improvements. COMPLETED. 11. Improve Trash and Recycling Aesthetics and Function: Staff will coordinate with capital improvements and public works to address trash receptacles outside Recreation Center to improve the outdoor appearance of the Recreation Center on the southeast side of the building. Proposal with illustrations and concept sent to Public Works and Engineering for approval. Recreation center trash, recycling and compost receptacles have been removed from the exterior of the building. Staff and JJ Company Services are removing refuse from the building daily to the Public Works garage receptacles. Daily trash removal service to the Public Works garage receptacles has proven sustainable for staff and contracted custodial services. This area will continue to be improved as discussions surrounding improvements to the overall recreation center landscaping is finalized. COMPLETED. 12. Yoga Studio Bathroom to Kitchen Conversion: Staff will propose and oversee a kitchen remodel in the yoga studio to enhance community functionality, including senior programs. Illustration and design concept sent to Engineering for capital consideration. An update on costs and potential schedule will be provided to Council in the 2nd Quarter. Project is scheduled for completion in October 2021. Design and scope of work is being finalized with community partners and Engineering Department. Construction is in progress and is expected to be completed by November 1, 2021. 13. Develop Recreation Department Patron Survey: Staff will collaborate with Community Development and the Health and Recreation committee to form a patron survey to gauge the Recreational needs, interests, and desires of the community. Project has been introduced to Community Development and will be discussed at the August 2021 Health and Recreation Page 19 of 22 committee meeting. Community Survey results pertaining to parks and recreation were reviewed at the August 2021 Health and Recreation Committee meeting. Staff will develop recreation department specific survey questions with the Health and Recreation Committee at its November 2021 scheduled meeting. Staff will plan to distribute a “Recreation Department Patron” survey within the 1st quarter of 2022. THIRD QUARTER UPDATE: POLICE 1. Firearms Training Simulator: Staff will implement the Firearms Training Simulator at the Avon Police Department in partnership with Eagle County Sheriff’s Department and will seek to offer simulator training to other police departments in Eagle County. Firearms training simulator has been fully installed. Planning to have a soft opening with Sheriff Van Beek. Sgt. Dammen has reached out to ECSO to train instructors but delay on their end. Otherwise, simulator ready to go for internal training. Offered show and tell Avon Town Council members at their convenience to come and interact on the simulator. COMPLETED. 2. Implement Requirements of HB 217: Staff will implement procedures and acquisition of equipment as required by House Bill 217, which mandated additional minimum standards for police departments in Colorado. Staff has implemented procedures and acquisition of equipment as required by House Bill 217, which mandated additional minimum standards for police departments in Colorado. COMPLETED. 3. Analysis of Individually Assigned Take-home Vehicles: Staff will prepare a comprehensive analysis of the cost and benefits of individually assigned take-home vehicles. Staff prepared a comprehensive analysis of the cost and benefits of individually assigned take-home vehicles. Report was presented to Town Council. COMPLETED. 4. Incorporate Designated Comparator Communities into Annual Report: Staff will incorporate our primary comparator communities into the annual Police Department Report. Staff prepared a report incorporating our primary comparator communities into the annual Police Department Report. Report was presented to Town Council with Annual report on June 22. COMPLETED. 5. Review of ATV Use and Laws for Wildridge Roads: Staff will prepare a review of existing laws for Wildridge Road and a review of ATV laws and practices in our peer communities. Staff prepared a review of existing laws for Wildridge Road and a review of ATV laws and practices in our peer communities. Ordinance was passed and will begin enactment/ enforcement on June 24. COMPLETED. 6. Adopt Updated Model Traffic Code: Staff will present adoption of the latest version of the Model Traffic Code. Staff presented an adoption of the latest version of the Model Traffic Code. Passed at second reading on June 22. COMPLETED. Page 20 of 22 THIRD QUARTER UPDATE: MOBILITY 1. Support Regional Transit Optimization Plan Efforts: Staff will continue to support efforts to research enhance regional transportation in 2021. Town Manager Eric Heil has been leading the focus group (Eagle County, Beaver Creek, Town of Vail, Town of Eagle, Business Leaders) Efforts: a. Update Employer/Employee Survey. The Service Agreement was executed on September 23, 2021. Stakeholders and staff will be reviewing survey questions and deciding on the optimal survey window for distribution. b. Joint effort to operate a 2021-2022 Skier Shuttle between Vail/EagleVail/Avon/Beaver Creek Village. The Joint effort to operate a 2021-2022 Skier Shuttle between Vail/EagleVail/Avon/Beaver Creek Village failed due to non-participation from Beaver Creek. c. Pursue a CDOT Planning Grant in support of a Regional Transit Authority option. Awaiting award announcement that is scheduled for Nov 2021. d. The MOU for a Regional Transportation Authority Formation Committee was completed by all stakeholders. 2. Update and Prepare Avon Parking Management Plan: Staff will update Avon’s Parking Management Plan and will present plans for implementation of paid parking for such time as when Council deems paid parking is appropriate. Staff is compiling information on existing public parking, signage, and enforcement and is researching paid parking options. A Council work session to present information is scheduled for Aug 10, 2021. A Council work session to present information is scheduled for Nov 9, 2021. 3. Research E-Bike and other Regional Bike Share Programs: Staff will research potential E-Bike programs and participation with regional bike share programs. The joint CDOT Can Do Colorado eBike Bikeshare Pilot Program Grant request with the Town of Vail was not successful. Outreach to local bike share is completed. Partnership options for 2022, including proposed budget line items, will be presented at the Council budget retreat on September 24, 2021. Staff continues to work with local municipalities for an e-bike share program for 2022. $50,000 is proposed in the 2022 budget. 4. Implement Electric Buses into the Avon Transit Fleet: Staff will oversee the acquisition and establishment of two new electric busses into Avon’s Transit Fleet, including required electrical upgrades and determining appropriate routes and schedules for the use of electric busses. The bus build is complete. The currently scheduled delivery date is February 2022. The Charging System at the Avon Regional Transportation Facility (ARTF) will be upgraded this summer. Training and route testing will take approximately two months after delivery. The Charging Page 21 of 22 System at the Avon Regional Transportation Facility (ARTF) is scheduled to be upgraded in Oct/Nov 2021. 5. Federal Transit Authority Triannual Review: Staff will prepare and oversee the triannual review of the Avon Regional Transit Facility. The 2020 National Transit Database (NTD) Report was submitted to Federal Transit Administration (FTA). The Title VI Plan (Civil Rights Act of 1964) has been updated, submitted, and approved by CDOT. CDOT Site inspection is to be determined. COMPLETED. 6. US 6 Pedestrian Crossing Solution: Staff will continue to pursue pedestrian crossing improvements for US Highway 6 between Avon Road and Stonebridge. The Council Work Session on April 27, 2021, with Legislators, CDOT, Eagle County, and EagleVail decided to pursue the CDOT Revitalizing Main Street grant to construct a roundabout at Stonebridge Bridge Dr and slow the prevailing speed on US6 to permit pedestrian crossings at transit stops. Staff submitted a grant application for the round-about at Stone Bridge and US Highway 6 intersection and three pedestrian crossings for US Highway 6. The “Revitalizing Main Street” grant award announcement is scheduled for July 2021. The next steps will be determined once we receive news of the grant award. The Town of Avon received the $2M CDOT Revitalizing Main Street Grant for the US6 Multimodal Safety and Mobility Improvements project. Staff is working on completing the CDOT Grant Agreement which is needed prior to the start of any reimbursable work. Once the Agreement is executed, preliminary engineering will begin, starting with a land survey of the project sites. 7. Create Transit Plan for the Village (at Avon): Staff will create a transit plan for the Village (at Avon) that is comparable to the transit service provided in the West Town Center and East Town Center areas. Staff is preparing the Transit Plan for the Village (at Avon). The presentation to the Council will be scheduled for the 3rd Quarter, 2021. The presentation to the Council is scheduled for Oct 26, 2021. 8. Tennessee Pass Railroad Project: Staff will participate in an Eagle County based regional group to research the Federal and State approval process for re-activating the Union Pacific Railroad rail line through Eagle County, to solicit input from the Avon community, and to determine appropriate issues, policies, and positions for the Avon community. The Surface Transportation Board (STB) denied Colorado Midland and Pacific Rail Company’s (CMPC) request to operate train service through the expedited Class Exemption process due to the complexity of their proposal and the required environmental impact review. Staff will continue to look for opportunities to use the UPRR ROW for the benefit of Avon citizens. No update. Page 22 of 22 THIRD QUARTER UPDATE: FLEET 1. Develop Plan to Balance Expenses with Revenues by End of 2022: Staff will continue efforts to balance operational revenues with expenses in the Fleet Department and will establish a plan to achieve break-even financial status by the end of 2022 (i.e. for the 2023 budget). Staff is reviewing expenses and revenues along with implications for potential reorganization or merging with another Department to achieve operation cost savings. Fleet Staff is also exploring opportunities to enhance Avon’s third-party customer base. Fleet Staff has contacted all existing customers to assure our customers of our commitment to quality service. Fleet has experienced an increase in Beaver Creek maintenance requests and is currently in discussions to provide fleet maintenance services for two other public entities in our immediate area. Fleet did acquire two new entities to add to our workload during the last quarter: Eagle River Water and Sanitation, and Turtle Bus. Fleet also gained back business from three customers: Town of Minturn, Peak1 and Bachelor Gulch. At the start of the 2nd quarter Fleet was short two employees, and since have hired one, with an add out for another. Being fully staffed will allow us to keep up with the bigger work load, helping to reach this goal. 2. Update Vehicle/Equipment Replacement Fund: Staff will work with the Finance Department to update the vehicle and equipment replacement fund to reflect current conditions. Staff expects to update the vehicle and equipment replacement fund in the 2nd Quarter prior to the start of the annual budget process. This work has been started and expected to be completed in July. The updates will improve the format and presentation of information so that it includes all vehicles owned by Avon and provides additional description on each vehicle and piece of equipment. Fleet is working with all Department to identify hold-over vehicles which are not needed and can be disposed and which vehicles need to be recognized as part of the fleet and included in the budget for replacement purposes. COMPLETED. 3. Track and Update Vehicle Emissions: Staff will continue to track and update vehicle emissions from Avon’s vehicle fleet. Staff is reviewing and updating vehicle emissions information as well as reviewing vehicle purchasing guidelines that incorporate review of emissions. Information is scheduled to be presented to Council by the end of the 2nd Quarter. Fleet staff has developed a tracking spreadsheet and is compiling information for past years. Information for past years is not complete and not accurate due to past practice of not entering accurate vehicle mileage when fueling. Fleet has implemented procedures at the Avon fuel pump to require all vehicle users to enter mileage when fueling so that we will have an accurate data base going forward of fuel used per mileage. Fleet continues to work on getting accurate data for this goal, with the correct mileage now being tracked it is only a matter of time before this reporting will be effective. We are already seeing the cost difference and effectiveness of the new vehicle acquisitions in Police Department with the Hybrid Interceptors. 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer Tim Thompson, Project Engineer RE: Update – Metcalf Road Culvert Repair Project DATE: October 19, 2021 SUMMARY: Town Council approved a Notice of Award on August 5, 2021, to American West Construction (AWC) for the Metcalf Road Culvert Repair Project contract. The 130-FT long pipe in Metcalf Gulch, 25-FT below Metcalf Road, has a collapsed section that must be repaired. The recommended in-place repair system that did not require excavating Metcalf Road is now no longer feasible. Some additional deformation of the culvert and debris from the rupture above are preventing use of the sliplining – inserting a smaller diameter pipe into the existing larger culvert – method that was planned. Staff is postponing this project until Spring 2022 because of the challenges of working in the winter and to allow time to develop a different approach. Site location Map DISCUSSION: The Metcalf Road Culvert Repair Project consists of repairing a 60-FT long section of 7-FT diameter corrugated metal pipe (CMP) located by the upper exit of the Metcalf Lofts while minimizing disruption to utilities, traffic, and Wildridge / Wildwood residents. Since slipelining is no longer feasible, the current plan is to replace 60-FT of culvert on the southern end. Replacement of the culvert requires a large excavator to remove earthen material above the CMP and installing a temporary retaining wall to keep the soil stable. Once the damaged pipe is exposed, new 7-FT diameter CMP will be connected to the existing culvert and the hillside will be restored to its existing condition. Ancillary activities include traffic control using signage, flaggers and shifting traffic on the road about ten feet, rip rap, spoils disposal, and revegetation seeding. Below is a current picture of the CMP. Page 2 of 2 October 2021 photo of the damaged culvert under Metcalf Road looking from the Southern end. This previously approved project budget was $237,466 funded from the Capital Projects Fund. A revised Notice of Award will be presented to Council in January after Staff and the contractor finalize the new project scope and cost. It is expected the new project scope will cost approximately $400,000 - $500,000. CONSTRUCTION SCHEDULE: The proposed work is scheduled to start around April 1, 2022 and be completed by May 31, 2022. Thank you, Justin (970) 390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eva Wilson, Mobility Director RE: Nottingham and Metcalf Rd Transit Service Analysis DATE: October 4, 2021 SUMMARY: Avon Town Council requested information on the costs and feasibility of operating transit on Metcalf and Nottingham Rd when results of the 2020 Wildridge survey showed interest in transit service. A route from Wildwood to Avon Station was proposed. Providing full transit service, 6:30 am to 10 pm, between Avon Station and Wildwood is estimated to cost $470,000. At a lower Level of Service (LOS), operating between 6:30 am to 6 pm, the cost is estimated at $350,000. Infrastructure improvements and bus drivers will be needed to expand transit services. Currently, hiring new bus drivers is unlikely. BACKGROUND: In 2017, with a budget of $50K, a winter pilot transit service from Avon Station to Wildridge operated between Feb 2 to April 16, 2017. The fixed-route service (8 am – 9 am and 3:30p – 4:30 pm) provided 32 trips over 22 days. Due to the low ridership, the service was changed to an On- Request service. A 24-hr notice reservation was required. The On-Request service provided 19 trips over 11 days. With the low ridership, the pilot winter transit service was discontinued. The Night Rider, an extension of transit service into the evening, proved to be very successful. The Night Rider connected all the core residential communities to amenities like Walmart and City Market as well as to Avon Station, a critical connection to our regional transit service, ECO Transit. The Night Rider route was adopted permanently after providing an average of 49 trips/day over a 4-hr. period for a duration of 67 days. In 2019, Avon provided 50,000 trips on the Night Rider, our highest ridership per hour route. Page 2 of 2 In the September 2020 Wildridge Survey, 54% of respondents supported trying another transit pilot program based on a ride-hailing service to/from Wildridge during ski season. 13% of the respondents said they would use it at least once a week. 80% said they would be willing to pay a $5 fare. In 2020, Jared Barnes, Avon Planning Commissioner, conducted a Case Study on Transportation Solutions for Rural-Resor communities. He concluded that Wildridge, similar to suburban neighborhoods, lacks the population density to support fix-route transit service. SERVICE ANALYSIS: The roundtrip, 5-mile, loop from the Wildwood Bus Stop to Avon Station would take approximately 20-25 minutes. A 30-minute headway schedule is recommended. There are 281 residential units along the new route includes. With the anticipated lower ridership, the smaller, cutaway buses with a capacity of 20 passengers, would be used for the route. Various cost scenarios are presented below. There are several challenges to operating the new route. Infrastructure improvements will be needed for safe operations. The steep grade at the turn-around loop on Wildridge Rd will be a challenge, especially during inclement weather. The Wildwood bus stop area will provide limited space for a Park & Ride. There are existing paved areas for bus pullouts at the Metcalf Lofts. Stops on lower Metcalf Rd and Nottingham Rd will have to be on the roadway with traffic stoppage and potential traffic congestion. Currently, there is sufficient fleet inventory to support the proposed route. A minimum of two full-time drivers would be needed to operate this route 7days a week. There are no drivers available for this route and new hires for bus drivers are not likely this year. FINANCIAL: The 2019 transit operating budget was approximately $2,100,000. Expanded transit service will require additional support from the General Fund. COUNCIL DIRECTION (?) Thank You, Eva 970.748.4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director Greg Daly, Chief of Police RE: Emergency Planning for Northern Hillside Communities DATE: October 11, 2021 SUMMARY: The purpose of this report is to provide an update on emergency response planning for the “northern hillside” communities. The northern hillside includes Mountain Star, Wildwood, and Wildridge. A comprehensive mass notification system, as well as evacuation route planning, continue to progress as new information becomes available. This report discusses the difference between a traditional siren system, like that installed at the top of Wildridge, and a newer technology approach through a series of High Powered Speaker Array (“HPSA”) devices. Lastly, an update on the emergency vehicular route between Wildridge and Singletree is included. EXISTING SIREN: The current siren system stemmed from feedback received during prior evacuation drills in Wildridge. Specifically, several occupants at home for evacuation drills did not receive the phone alert and were unaware of drills taking place. Chief Daly pursued a siren, like the one in Bachelor Gulch, to provide effective communication to the greatest number of residents. Staff approved a Minor Development Plan application for the design and location of the siren on Town owned property. The system was installed in Spring 2021 on Tract J, Wildridge Subdivision. It is located next to existing radio equipment and water storage infrastructure. The coverage map provided by the manufacturer, Sentry Sirens, estimated a consistent spread (see map on next page) across the subdivision. The 2021 test during the wildfire evacuation drill determined that the siren could be heard throughout Wildridge, but was diminished in volume in lower elevations. This has prompted not only the exploration of additional sirens (or other devices) in lower portions of Wildridge, but other locations throughout the northern hillside communities so that all residents and guests in this high-risk area of Town can be promptly notified in the event of an emergency. Computer Generated Coverage for existing siren Siren in Wildridge Page 2 of 6 NEW TECHNOLOGY: The HPSA approach to emergency notification is quickly becoming accepted as a more flexible, cost effective, user friendly alternative to traditional siren systems. These systems are easier to deploy and have the added benefit of being able to provide text-to-speech messaging. HPSA and siren technology carry their own strengths and weaknesses. While a hybrid system (Siren(s) + HPSA combination) may be the ultimate solution for our northern hillside communities, the pros and cons of each system are included here for consideration: Sirens Pros: Proven mechanical technology with effective range. This technology is long life (20-25 years), and typically few installations necessary to serve a large area. Low to no maintenance required other than occasional testing. Cons: High Power demand = higher installation cost per unit. Less possible locations due to size of pole and power. No spoken word or variations in tone is possible. (Additional 10V units estimated at $20K/per) HPSA Pros: Low profile design that can be mounted closer to the ground. Spoken word announcements in addition to siren tones. Can be mounted to existing infrastructure (i.e. building), with less power demand. These systems are easier to deploy. Claimed to be maintenance free. Cons: More units are necessary to cover the same area as a siren system. Shorter life span per unit, estimated at 10-15 years. Intelligibility of spoken word announcements is highly variable depending on location. (Estimated at $23K/per) ELECTRICAL SERVICE: Given the high cost in running new electric service to the existing Siren location, and other contemplated areas, proximity to existing power infrastructure is key when evaluating different system types and resultant implementation cost. The HPSA systems requires 120v power, as opposed to 240v, and therefore the cost to site a system is less in upfront costs. The existing siren on Tract J, Wildridge, currently does not have permanent power and is running on a generator system. The decision to hold off on running power was based on the estimated cost ($50,000) to run power to the facility and to finally determine if this is the best location for the infrastructure to be placed. O’Neal Spur Pocket park, the Wildridge Fire house, and the Avon Annex locations all have electric service. Other locations (Mountain Star) will likely require new service ($5,000-$10,000), with escalating costs the further from the road the facility is located. The Tract J service cost is high given the length of the run up the hill to the location. COVERAGE: The inclusion of additional (smaller) sirens at O’Neal Spur Park and the former Wildridge Fire Station site would support a more consistent siren volume throughout Wildridge. HPSAs installed at O’Neal Spur Park and the former Wildridge Fire Station may be equally effective for this subdivision. The Wildwood subdivision can be accommodated by a single HPSA (or siren) located at the Town’s Annex property. Mountain Star has been surveyed by Sentry Siren company, and two general locations were identified for testing purposes. Page 3 of 6 Estimated coverage with existing 15V2T Siren on Tract J, and five (5) additional pieces of Equipment WILDRIDGE EMERGENCY EGRESS ROUTE: The Wildridge subdivision contains one point of vehicular egress with Metcalf Road. This results in the potential for the primary evacuation route to become obstructed in the event of a disaster. The annual Wildridge Wildfire Evacuation drill recognizes this limitation and includes practicing a physical exit out the west side of Wildridge on a secondary unpaved route. The drill includes vehicles traveling out June Creek Point Road, through access easement to United States Forest Service (“USFS”) boundary and Road 717.1B (aka June Creek Spur), USFS 717 (aka June Creek), USFS 717.1A, to USFS 774 to exit through the Edwards trailhead at Berry Creek Road. The route requires high clearance vehicles, steep elevation profiles, and excessive time. This extensive route also travels west toward other potential hazard locations. The concept to evaluate an egress route directly from Wildridge to the Singletree community has been discussed for years. Physical obstructions (rocks) and narrow platform make this route unsafe, especially for the last stretch before meeting Singletree Road. Staff met with members of Berry Creek Metro District and Singletree Community, Avon Police, Engineering Department, Community Development, and Eagle River Fire Protection District to walk the route and determine feasibility this past spring. It was decided to survey the last stretch before Singletree subdivision to come up with a formal design and plan to evaluate further. A survey was completed in July. The survey confirms the narrower width of tread and the exact location of the existing pedestrian and bicycle only alignment. The survey also reveals the proximity to June Creek drainage. Page 4 of 6 Staff engaged Yarnell Consulting & Civil Design, LLC, to design a safe road platform design for consideration by the Singletree community. The design (see next page) indicates that an import of materials to make a wider driving surface is warranted. Retaining wall(s) may be necessary to avoid disturbance in the riparian setback of June Creek. Lastly, the plan would include removing the boulders at either end of the route and replacing with emergency-only gate features. DRAFT grading plan from Singletree Road to existing drivable surface Page 5 of 6 Evacuation Route/Emergency Access Route between Singletree and Wildridge Page 6 of 6 NEXT STEPS FOR AUDIBLE EMERGENCY NOTIFICATIONS: The evaluation process continues to proceed as follows: 1. Test HPSA unit(s) in northern hillside areas in Fall 2021, and document effectiveness. 2. Publish plan and background information on Engage Avon and other outlets for feedback. 3. Refine plan with siren(s) and HPSA unit(s) and present to Planning and Zoning Commission (“PZC”) for referral and recommendation. 4. Return to Town Council will summary and description of recommended proposal, costs, and public comments received. NEXT STEPS FOR EMERGENCY EGRESS: 1. Complete engineering drawings, confirm necessity or not for floodplain permits. 2. Notify and consult with adjacent landowners the proposed plans. 3. Survey route as it travels from June Creek Trail to USFS boundary to confirm confinement in access easement. 4. Meet with Singletree Property Owners Association (“SPOA”) and Berry Creek Metropolitan District.. 5. Eagle County application for variance to work within stream setback, if necessary. 6. Update to Town Council, and next steps outlined. Thank you, Matt (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager Ad Hoc Review Committee: Ineke de Jong, General Government Manager Elizabeth Wood, Communications and Marketing Manager Sarah Smith Hymes, Mayor | JK Perry, High Five Access Media Kim Schlaepfer, Climate Action Collaborative | Katie Zinn, Access Unbound RE: 2022 Community Grant Program DATE: October 8, 2021 SUMMARY: On July 26 2021, the application materials for the 2022 Town of Avon Community Grant Program, found as Attachment A, were published on the Town website and advertised for a thirty-five (35) day period. In addition to posting on the Town’s website, a press release was submitted on July 26, 2021 announcing the availability of application materials. Regular social media posts were published on the Town of Avon Government Facebook page. Over the course of soliciting funding requests, the Town received seventeen (17) funding applications. The Avon Town Manager and Finance Director provided direction to set $92,000 as the maximum amount of money for the 2022 Community Grant Program funding that the Ad Hoc Review Committee’s funding recommendations shall not exceed. The Ad Hoc Review Committee met on October 5, 2021 to review the submitted applications. The review focused on the Application Review Guidelines included in the application materials. Committee members considered proposals that provided the most public benefit to Avon residents and visitors in the areas of arts, culture, education, environment, health, heritage, human services and recreation in the Town of Avon. Past funding levels, available funds, potential for on-going requests, filling a funding or service gap and general priorities for all applications were also considered in the funding level recommendation, which has been provided in this packet for Council consideration. The Ad Hoc Review Committee reviewed seventeen (17) applications for funding in 2022, totaling $92,700 in cash requests and $1,084 for in-kind contributions. The Committee has recommended funding in the total amount of $88,950 in cash and $1,084 for in-kind contributions. The committee set aside a recommended amount of $3,050 as a contingency for unforeseen contributions. The contingency amount, combined with the recommended cash funding amount, equals $92,000. The recommended contingency amount is approximately 3% of the approved maximum amount. Community Grant Program cash funding in 2021 equaled $99,400. 2022 COMMUNITY GRANT PROGRAM REQUESTS AND RECOMMENDATIONS: Attachment B – 2022 Community Grant Program Requests and Recommendations Funding Summary includes recommendations for funding (both cash contributions and in-kind requests), conditions of funding, if any, and supporting information. ATTACHMENTS: Attachment A - 2022 Town of Avon Community Grant Program Application Materials Attachment B - 2022 Community Grant Program Requests and Recommendations Funding Summary Thank you, Liz COMMUNITY GRANTS PROGRAM 2022 INTRODUCTION: Welcome to the Town of Avon Community Grants Program! The Town of Avon accepts applications for community grant funding from non-profit organizations that provide programs and services in the areas of arts, culture, education, environment, health, heritage, housing, human services and recreation. The overall intent of this program is to provide financial support to programs and services that benefit the Avon community which are not otherwise provided through the Town of Avon municipal government. Community Grant Applications are reviewed on an annual basis. Grant funding is prioritized and approved through our annual budgeting process. The Community Grant Program Criteria and Application packet is available online. Please note that the Program Criteria has been revised for this year. Applications must be submitted electronically no later than Monday, August 30, 2021. Notices are not sent to past funding recipients. Interested organizations must reapply for any additional funding request. An Ad Hoc Community Grants Review Committee will review all applications and make funding recommendations to the Avon Town Council. Funding decisions are based on the completeness the application, supporting documentation, eligibility, compliance with review guidelines, recommendation from the Ad Hoc Grant Review Committee and availability of funds. The Grants Review Committee does not anticipate conducting presentation meetings with applicants; however, the Grants Review Committee may have questions or requests for additional information from applicants prior to convening as a Committee to review applications. The Avon Town Council approved $91,000 for community grants in 2021. This funding level is anticipated in 2022, but it is not guaranteed and is at the complete discretion of the Town Council. The Ad Hoc Review Committee’s funding recommendations will be incorporated into the annual proposed budget. Council will take final action on the 2022 budget in December, 2021. Applicants may receive full funding, partial funding or no funding. The Town of Avon reserves the sole right and discretion to determine the level of funding for all community grant applications. THE APPLICATION CLOSING DATE IS AUGUST 30, 2021 If you have any questions, please feel welcome to call 970-748‐4087 or email ewood@avon.org. Sincerely, Elizabeth Wood Communications & Marketing Manager 2022 Town of Avon Community Grant Program Page 2 of 5 2022 TOWN OF AVON COMMUNITY GRANT PROGRAM: ELIGIBILITY: Applications must meet the following minimum requirements to eligible: 1.Applications must be complete and received by the Closing Date. 2.The applicant must be a nonprofit (501(c)(3)) organization in good standing with the IRS, State of Colorado and Town of Avon, and all funding-related local, state and federal agencies. The applicant must be registered as a Colorado nonprofit organization with the Colorado Secretary of State and be organized in the State of Colorado in order to be considered a nonprofit organization. 3.The application must propose a service or program that is offered to and benefits the Avon community, including residents and businesses. 4.Grant requests may not exceed $10,000 per organization. 5.Grant funds may not be used for political or religious purposes. APPLICATION REVIEW GUIDELINES: The Grant Committee will use the following review guidelines to evaluate eligible applications and provide funding recommendations: 1.The application proposes a program or service that supports arts, culture, education, environment, health, heritage, housing, human services or recreation in the Town of Avon. 2.The proposed program or service meets a need in the Avon community that is not met by other existing organizations, by the Town of Avon, or by other local, state or federal governments. 3.The proposed program or service will not directly or unreasonably compete with existing private businesses in Avon. 4.The applicant demonstrates a need for financial assistance. 5.Applications that request one-time funding to provide a new or expanded program or service will be evaluated on the level of matching funds from other sources and on the likelihood of success of the new or expanded program. 6.The applicant demonstrates broad community financial partnerships. (Applications which demonstrate broad community partnerships and funding contributions from multiple sources will be viewed favorably. Applications which involve services or programs that serve a region greater that the Town of Avon should include financial contributions from other communities and neighborhoods.) 7.The application proposes clearly defined goals and outcomes which can be measured, including evaluation of benefits to Avon community (e.g. number of Avon residents served). 8.The application requests financial support that is proportionate to the expected benefits for the Avon community. 9.The applicant has a capable organizational structure to provide the stated programs or services and to comply with grant reporting requirements (consideration will be given to the length of time for the organization and staffing resources). 2022 Town of Avon Community Grant Program Page 3 of 5 APPLICATION REQUIREMENTS & SUBMITTAL GUIDELINES THE APPLICATION CLOSING DATE IS AUGUST 30, 2021 Application Requirements: (Please do not exceed three pages) 1.Organization Executive Summary: Please provide a one-page Executive Summary of the service your organization provides. Please include the mission of your organization, an overview of how your organization is funded and whether they have received funding from the Town of Avon in the past, the target demographic of your organization, the number of recipients who participated in a program, and the specific results. 2.Organization Name ___________________________________________________________ 3.Program Title ________________________________________________________________ 3.1 Contact Person__________________________ 3.2 Title___________________________________ 3.3 Phone_________________________________ 3.4 E-mail_________________________________ 4.Dollar amount granted by the Town of Avon for years 2016-2020 (if applicable): $_________________ 5.Dollar amount granted by the Town of Avon for 2021 (if applicable): $_________________ 6.Dollar amount requested for 2022 (if applicable): $_________________ 7. Description of in-kind services granted over the past two years, and requested for 2022, if applicable: _____________________________________________________________________________ _____________________________________________________________________________ 8.Please provide IRS Form 990 (Return of Organization Exempt from Income Tax) to help us assess your agency’s current non-profit status. 9.Describe the proposed program or services for which Town of Avon financial support is requested including a description of the program or services are expected to benefit the Avon community. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 2022 Town of Avon Community Grant Program Page 4 of 5 _____________________________________________________________________________ _____________________________________________________________________________ 10.Describe the number of Town of Avon residents or businesses that are expected to benefit directly from the proposed program or services. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 11.Please attach your anticipated detailed line-item budget for the requested 2022 support, including in the revenues all other funding partners, specifically listing all local government or municipal funding. Funds are not available for capital improvements, equipment or supplies. 12.Describe how you will measure the success of the program or service for which funding is requested. Please include clear objectives, outcomes, metrics and expectations. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 13.Describe the need for the Town of Avon’s financial support for the proposed program or service. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 14.Please list all anticipated funding sources for the current (2021) and coming year (2022). Be sure to highlight any opportunities to leverage Town funds with external funds. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 2022 Town of Avon Community Grant Program Page 5 of 5 I affirm that all of the information included in this application, its attachments, and its supplemental documents is true and correct to the best of my knowledge. _______________________________________________ _________________________ Authorized Signature Date Printed Name: _____________________________________ Application Submittal Guidelines: 1. Send the completed application, via email as a PDF document, to Elizabeth Wood at ewood@avon.org. 2. Number each item in the application to correspond to the Application Requirements stated above. 3. Do not exceed three (3) pages excluding attachments. 4. Only one application may be submitted per organization. 5. Incomplete or late applications will not be considered. Please note that no additional materials will be accepted. Do not send newspaper clippings, letters of support or promotional materials. Review Process & Schedule: July 26, 2021 August 30, 2021 Week of September 13, 2021 (tentative) October 29, 2021 (tentative) December 14, 2021 (tentative) December 17, 2021 (tentative) 2022 Town of Avon Community Grant Program Application Materials Available Closing Date for Applications Funding Recommendations by Ad Hoc Review Committee Council Budget Retreat to Review and Provide Direction on 2022 Community Grant Program Funding, as Recommended by the Ad Hoc Review Committee Public Hearing and Adoption of 2022 General Fund Budget Notification of Awards Disclosures to all applicants: •Funds will not be available until after January 1, 2022, and may be dispersed in installments, if awarded. •Notification of awards will be sent after the Town Council approves the final budget in December, 2021. ORGANIZATION2022 CASH REQUEST2022 IN‐KIND 2021 CASH AWARD2020 CASH AWARD2019 CASH AWARD2018 CASH AWARD990 ProvidedEXPLANATION OF FUNDING REQUESTCOMMITTEE CASH COMMITTEE IN‐KIND RECOMMENDATIONCOMMITTEE COMMENTS/CONDITIONS OF FUNDINGALZHEIMER'S ASSOCIATION OF COLORADO$1,000 $0 $0 $500 $0 YESSupport for Vail Valley Walk to End Alzheimer's 5th anniversary in 2022.$750 The walk does not take place in Avon but includes Avon residents. It would be helpful to know how many people from Avon participate in the walk. The walk occurs in Eagle, and they contribute $1,000. Their budget does not show any other municipal support. For future applications, the Ad Hoc Committee would like to know how much of the money raised at the event goes to the local community vs the national organization. BRIGHT FUTURE FOUNDATION$6,000Ten (10) ARC 10‐Punch Cards valued at $740$0 $5,000 $5,000 $4,000 YESYouth Violence Prevention services: interactive, social‐emotional educational programming within ECSD. $6,000.00Ten (10) ARC 10‐Punch Cards valued at $740The Ad Hoc Committee felt this organization is involved in life or death situations within the organization. We would like to track in‐kind use and increase the donation from ten punch cards if it is being used.BUDDY WERNER LEAGUE$1,000 $1,000 $1,000 $1,000 $1,000 YESVolunteer coaches training program, including on‐mountain and off‐mountain training with the USSA.$1,000.00The committee would like to understand what BWL is doing to be self‐sustaining? What are they doing to keep growing/evolving/improving? What is demographic of participants? CATHOLIC CHARITIES$3,000 $3,000 $3,000 $3,000 $3,000 YESCommunity Integration Services ‐ Helps immigrants with interpretation and translation, victim assistance, wage theft investigation, mediation of housing disputes, life‐skills coaching and $3,000.00The committee commented that the CC application is one of few purely immigrant‐focused applications. According to their application, there is a large year‐over‐year deficit. They currently get front range support and are looking to be more self sufficient. We will give a gentle nudge to ask for more funding in future years.EAGLE VALLEY LAND TRUST$6,000 $5,000 $5,000 $1,500 $1,000 YESStewardship & Outreach ‐ Future Conservationists program, Community Land Connection Series, Weed Warriors.$6,000.00The committee expressed concern that we are billed for trail management and oversight as a Town ‐ but that program is through Vail Valley Mountain Trails Alliance. The Land Trust does not receive any separate funding for trail maintenance and oversight. In the future, we would like to see an Executive Summary (as requested) in order to better understand the organization's mission and purpose. The committee would also like to see more specificity in reporting of who is participating in these programs, when they occur, and a unit of measurement of how many weeds are being pulled. Town leadership will discuss whether this organization should become a community partner instead of a grant.ATTACHMENT 2 ‐ 2022 COMMUNITY GRANT PROGRAM REQUESTS AND RECOMMENDATIONS FUNDING SUMMARYTOTAL AWARDED IN 2021 = $99,4002022 NOT‐TO‐EXCEED AMOUNT = $92,000 EDUCATION FOUNDATION OF EAGLE COUNTY$10,000 $10,000 $12,500 $4,500 $4,500 NOMental Health Resources for teachers (meditations, gratitude gifts, meals, teacher awards and scholarships)Classroom grants for equity in STEM education.$10,000.00In order to fund this organization, we will need to see the Form 990. In addition, their proposed budget only allocates $7,500 in Town funding. The committee would like to see the remaining $2,500 go to equity in STEM education as proposed in the application. HOPE CENTER OF THE EAGLE RIVER VALLEY$10,000The Hope Center just launched as a separate 501(c)3; thus, the agency Mental health clinicians at Avon Elementary School offering free clinical behavioral health support.$10,000.00The Hope Center also receives $19,500 in funding from Avon PD as part of their crisis contract. The Community Grant funding is completely separate from the crisis contract and specific to funding a full‐time clinician at Avon Elementary School.LOAVES AND FISHES CAFÉ ‐ EAGLE RIVER PRESBYTERIAN CHURCH$3,000 $0 $0 $0 $0 NOWednesday Night Dinners at Eagle River Presbyterian Church.$3,000.00The committee would like to see data tracking the people served through these dinners and recommended working with the United Way to understand where people live and who is being served. The committee recommended using the TOA grant funding as a match for individual contributions because their budget is not sustainable. Use our funding as an incentive to increase additional sources. In addition, more detailed financials for this specific program would be helpful. The committee expressed concern over the $2k spend on advertising.MOUNTAIN YOUTH$5,000Four (4) 5‐punch ARC cards valid at $216$5,000 $5,000 $3,500 $2,500 YESOutreach programming including Eat Chat Parent family behavioral health series; Aprendiendo Juntos, Families in Action, Communities that Care.$5,000.00Four (4) 5‐punch ARC cards valid at $216The committee noted that TOA is the highest municipal funder. They would like to see tracking on how the punch cards are used.RED RIBBON PROJECT$1,200One (1) 5‐punch ARC Card (valued at $54)$1,200 $1,200 $1,000 $1,000 YESYouth Skills Building Program ‐ prevention and intervention of risky youth behaviors.$1,200.00One (1) 5‐punch ARC Card (valued at $54)The committee noted that this organization could ask for more in‐kind support. It would be helpful to share direct results of program and how their programming is positively impacting their participants.SOS OUTREACH$8,500 $4,000 $7,500 $4,000 $2,000 YESOutdoor mentor‐based programs for Eagle County Youth ‐ four year program that matches peer group with positive adult mentor.$8,500.00The committee noted that this is a large organization operating outside of Eagle County and some members have worked directly with them. It was also noted that $900k annually go to salaries and no other local municipalities support them financially but they get huge in‐kind donations from Vail Resorts. They are not able to serve people with physical disabilities. A large portion of the population they serve is Latino. SPEAKUP REACHOUT$5,000 $5,000 $5,000 $5,000 $5,000 YESSuicide prevention and stigma reduction project ‐ includes formal training programs for suicide prevention ‐ including Unlocking Behavioral Health in Eagle County course. In addition, they are funding a mural art installation.$5,000.00There were several questions about he mural project including where it will be located and whether the Town has a recommended location for the mural. Based on the budget presented, Avon is funding 1/3 of entire project budget. If mural falls through, the committee would like the funds to be reallocated to another area of SURO and would rather have all funding go towards suicide prevention training programs. The lack of funding from a diverse group is concerning. Funding will require clarification on the mural so funds go to suicide prevention programs. UNITED WAY OF EAGLE RIVER VALLEY$5,000 YESYouth Closet & Toy Chest ‐ provides free clothing, school supplies, diapers and wipes and case management to caregivers of infants and youth.$5,000.00This was a first‐time application from this organization, who does not get any funding from other municipalities. It was started last summer in response to COVID and the cancellation of the annual rummage sale. They may lose the operating space in the next year and the committee asked whether Avon has any in kind space to use. VAIL MOUNTAINEER HOCKEY CLUB$3,000One (1) 10‐punch ARC card valued at $74$0 $3,000 YESProgram of Excellence ‐ Scholarship fund for families who cannot financially afford to support their children to play club hockey.$2,000.00One (1) 10‐punch ARC card valued at $74Although the application disclosed that there are 22 players from Avon, next year the committee would like to see more detail on who receives the scholarships, including whether they are serving a diverse population through that fund. The committee would like to know what funds are needed to sponsor one Avon player and the income level of scholarship recipients.VAIL VALLEY ART GUILD$5,000 $2,500 $6,000 $4,000 $4,400 YESArt the Valley ‐ Promote awareness and growth in the visual arts in the community. Programs include Art Institute Workshops, First and Second Friday, Guest artist demonstrations and discussions.$2,500.00Formerly located in Avon, the Art Guild now has a gallery in Eagle. Although the application shared the impact of the work, it was not clear how the Art Guild is delivering their mission in Avon and it feels like less impact in Avon than years past. In the future, we would like to know what percentage of the members are Avon residents.VAIL VALLEY CHARITABLE FOUNDATION$10,000 $5,000 YESDirect Aid grants to people who experience a medical crisis; individual grants up to $5,000.$10,000.00The committee would like to know how many Avon residents are impacted by this funding and stipulates the funds are used only for Avon residents.VAIL VALLEY SALVATION ARMY$10,000 $10,000 $5,000 $5,000 $5,000 YESGet Out and Grow Avon ‐ Includes Growing Gardners program for local youth, free plants, individual and group horticultural therapy, discounted garden plots.$10,000.00In the future, the committee would like to know how many Avon residents (vs non‐residents) take advantage of the garden plots.TOTAL$92,700 $1,084 $88,950In the future, the committee would like to know how many Avon residents (vs non‐residents) take advantage of the garden plots. 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer RE: Mud Flow Future Mitigation Actions DATE: October 21, 2021 SUMMARY: On July 22, 2021, an intense thunderstorm dropped 0.8 to 2.0-inches of rain within an hour on the hillside north of I70 in Avon. The subsequent runoff caused the largest water and mud flows seen in decades. The runoff and debris clogged storm drainage infrastructure and damaged 7 residential properties. This memo summarizes the steps for future mitigation actions. STORM EVENT: At 3 pm on Thursday, July 22, 2021, a large thunderstorm tracked over Avon dumping between 0.8 to 2.0-inches of rain. The closest rain gage, operated by the United States Geologic Survey (USGS) at the Avon Wastewater Treatment Plant, measured 0.85-Inches of rainfall between 3 and 4pm. The regional National Weather Service radar indicated that the center of the storm was located over the hills north of Nottingham and Swift Gulch Roads and dropped upwards of 2 inches. We estimate the storm was a 20-year event or has a 5 percent probability of occurring in a year. For reference, a 100-year rain event drops 2.8” of rain and has a 1 percent probability of occurring in a given year. RAIN AND MUD IMPACTS: The hillside north of Nottingham and Swift Gulch Roads is very steep and poorly vegetated. As a result, the rain runoff occurs quickly and contains significant debris, rocks and mud. The debris quickly clogged the drainage pipes under Nottingham and Swift Gulch Roads. Water and mud flowed from Swift Gulch Road onto Avon Road and eventually to the Eagle River causing traffic disruptions. Runoff also went through the pipes under I70 where possible but near the 600 block of Nottingham Road, the I70 drainage pipe was blocked and debris ran over the interstate, causing a temporary closure (shown below). Flow continued to Nottingham Park and over West Beaver Creek Blvd. toward the residential units and lake. Photo: Rainfall runoff, mud and debris flowing over Interstate 70. Page 2 of 3 Nottingham and Swift Gulch Roads historically encounter mud and debris flows during large thunderstorms and the Public Works crews clean up the debris and unclog drainage pipes after each event. This runoff flooded several units at the Sonnen Halde and Beaver Bench Condominium developments. These two complexes have experienced flooding during past rainfall events, although this was the largest that the residents recall. MITIGATION STEPS: The most effective solution to fully mitigate mud and debris flow is to construct large sediment basins but this in not practical because there is not enough land available north of Nottingham and Swift Gulch Roads to accommodate them. Sediment detention basins have been constructed above Buffalo Ridge Apartments and have successfully mitigated mud and debris flows. The two ponds have 40- foot tall dams and retain 102,800 and 375,616 cubic feet respectively. Sediment Ponds above Buffalo Ridge Apartment Complex Staff is working with contractors to complete the following tasks to mitigate damage from future events: 1. Analyze available rainfall information to better understand the magnitude of the storm and potential frequency of it re-occurring. The rain gage at the sewer plant measured 0.8” of rainfall, while the NEXRAD radar showed over 2” of rainfall. Determining the rainfall is important first step to verify the accuracy of rainfall values in the Stormwater Master Plan. Accurate rainfall projections dictate the runoff and flows which are used to size drainage and infrastructure improvements. This analysis shall include an assessment of future rainfall events as a result of climate change. 2. Develop recommendations for site specific mitigation measures for the Beaver Bench and Sonnen Halde Home Owner Associations to implement. The report outlining the recommendations should be completed in 30-days. Page 3 of 3 3. The high amount of mud and debris generated from the rainfall events can always be expected to result in clogging of drainage pipes. TetraTech will assess the existing drainage pipe infrastructure and develop surface routes when feasible – rather than pipes – to reduce risks from clogging and subsequent flooding damage. 4. Develop regional mitigation measures along Nottingham Road, Swift Gulch Road and West Beaver Creek Blvd. to reduce future damage to private developments and public infrastructure including Avon Road. These projects will take at least a year to design and implement. Additional drainage easements on private property will likely be required depending on final project designs. 5. Explore Federal and State grant opportunities available for funding mitigation projects such as the Building Resilient Infrastructure and Communities (BRIC) grant. The first grant cycle deadline is December 1st. They require a cost share of 25% with the Federal portion being 75% plus preparation and management costs. Locations of future flood and debris mitigation projects Thank you, Justin