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TC Packet 12-14-2021_______________________________________________________________________________ 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, December 14, 2021 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON TOWN COUNCIL EXECUTIVE SESSION BEGINS AT 4:00 PM An Executive Session pursuant to CRS 24-6-402(4)(b) and (e) to receive legal advice on specific legal issues and to develop strategy for negotiations and instruct negotiators related to the Legacy Mountain Development Tract Y funding commitment and terms of funding (Interim Town Attorney Karl Hanlon) (45 Minutes) 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. Resolution No. 21-23 Approving Tax and Fee Waivers for Community Housing Development on Tract Y (Town Manager Eric Heil) (35 minutes) 5:05 5.2. 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 (Finance Director Scott Wright) (30 Minutes) 5:40 o Resolution 21-25, Amending the 2021 Town of Avon Operating Funds Budgets o Resolution 21-26, Amending the 2021 Town of Avon Capital Projects Fund Budget o Resolution 21-27, Adopting the 2022 Town of Avon Operating Funds Budget o Resolution 21-28, Adopting the Town of Avon Long-Range Capital Program and Simultaneously Adopt the 2022 Capital Projects Fund Budget o Resolution 21 -29, Levying General Property Taxes for the Avon General Improvement District No. 1 for the 2022 Budget Year o Resolution 21 -30, Levying General Property Taxes for the Town of Avon for the 2022 Budget Year RECESS to allow Avon Town Council to Convene as the Avon Urban Renewal Authority Board See attached Avon Urban Renewal Authority Agenda (10 Minutes) 6:10 RECONVENE the Avon Town Council Meeting 5.3. Consideration of Professional Service Agreement for Zehren and Associates Design Work for East Nottingham Park Restroom, Concession and Park Improvements (Town Engineer Justin Hildreth) (10 Minutes) 6:20 6. MINUTES 6.1. Approval of November 16, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5 _______________________________________________________________________________ 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. Minutes) 6:30 7. WRITTEN REPORTS 7.1. Planning and Zoning Commission December 7, 2021 Meeting Abstract (Planning Director Matt Pielsticker) 7.2. Draft November 16th Health & Recreation Committee Meeting Minutes (General Government Intern Emily Myler) 7.3. Monthly Financials (Senior Accountant Joel McCracken) 7.4. Upper Eagle Regional Water Authority November 18, 2021 Meeting Summary (Mayor Smith Hymes) 7.5. Eagle County Regional Transportation Authority November 10, 2021 Meeting Minutes (Mayor Pro Tem Amy Phillips) 7.6. E-Bike Incentive Program Update (Communications Manager Liz Wood) 7.7. Bang The Table Community Engagement Update (Communications Manager Liz Wood) 7.8. 2021 Election Results Update (Town Clerk Brenda Torres) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 6:35 9. ADJOURN 6:50 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in 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 • Presentation: Municipal Broadband Study Results • North and East Nottingham Park Development Plan Review • Work Session: Village at Avon Transit • Procurement Code • Update on Construction Contracts Forms • Green House Gas Investment Matrix 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Res 21-23 Tax and Fee Waiver for Tract Y DATE: December 10, 2022 SUMMARY: This report presents Resolution No. 21-23 to the Avon Town Council for consideration. Resolution 21-23 would approve a waiver of taxes and fees for the development of Community Housing on Tract Y. Attached is a letter from Legacy Mountain Development whereby Legacy Mountain Development proposes to construct 52 Duplexes and Townhomes for Community Housing. Council reviewed this proposal at its November 16, 2021 Council meeting and expressed some concerns about the structure of the Town’s commitment. The recommendation to Council is to define the Town’s “pledge” as a providing deed restriction purchase funds in the amount of 12% or $100,000 per residence, whichever is less, for home purchasers (not employers purchasing for employees), and limit the pledge to 1/3rd of the proposed development of 52 duplex or townhome units, or 17 units, which would amount to not more than $1.7 Million. A “pledge” of these funds would mean that the Town of Avon is not legally obligated to provided these funds, that the allocation of these funds would be subject to annual budget and appropriation, and the Town of Avon reserves the right to change the terms and conditions of providing funds. This is presented as an appropriate level of commitment at this time by the Town with the understanding that more project details will be identified, there may be a need for additional public funding to assist with infrastructure, and the expectation is that Avon will pursue partnerships with Town of Vail and Eagle County to secure pledges for the other 2/3rds of funding. Options for Council consideration include the following: (1) A approve a deed restriction with a price cap, or a price cap for a limited number of years (e.g. 3 years), to minimize speculation with the use of public deed purchase funds [the owners have indicated a preference for the non-price cap deed restriction that Avon currently uses]; (2) Research, consider and negotiate a public funding contribution upfront with review of the project finances and commitments on product type and offering cost [the owners have indicated that they desire to avoid an approach that involves this level of government review with multiple government agencies due to the impact on timeframe and complexity of the project]; (3) Determine at this time that the project proposal and terms are not the appropriate priority for Avon’s investment in Community Housing goals [Avon Town Council can consider approving the Resolution for Tax and Fee waivers without any reference or commitment to pledging funds for the purchase of deed restrictions in the Deed Restriction or Resolution]. BACKGROUND: The Town Council amended the Avon Municipal Code in 2019 to adopt guidelines for tax and fee waivers to promote Community Housing. This action implemented an identified goal of the 2018 Avon Community Housing Plan. The Town Council also amended the Avon zoning regulations in 2020 to allow “Community Housing” in the Industrial/Commercial Zone District. TAX AND FEE WAIVER: Avon Municipal Code, Chapter 3.14 – Community Housing Incentives sets forth guidelines for tax and fee waivers which requires the adoption of a Deed Restriction on the property to be eligible for tax and fee waivers. The tax and fee waivers include: (1) Real Estate Transfer Tax, (2) Sales Page 2 of 2 Tax on Construction Material, (3) Development Application Fees; and (4) Building Permit Fees. Avon’s water tap fees are NOT included in this waiver. Prior analysis indicated that the collective amount of these tax and fee waivers are estimated to amount to $18,000 to $20,000 per unit. DEED RESTRICTION: The form of the Deed Restriction is attached and would apply to the entire Property once executed and recorded. The Deed Restriction does not restrict owners, but rather limits the use of any residences to at least one full-time resident who meets the definition of “Eagle County Employee”. Paragraph 12 of the Deed Restriction states that these residential properties are eligible for the ¡MI CASA AVON! program and funding assistance. The ¡MI CASA AVON! program is considered essential to deliver new construction to market for full-time residents at an obtainable price point. Legacy Mountain Development proposes this approach for funding assistance so that it tracks the Town of Avon’s existing programs and simplifies the public-private partnership to develop Community Housing in Avon. PROPOSED MOTION: “I move to approve Resolution No. 21-23 Waiving Real Estate Transfer Tax, Sales Tax, Development Code Fees, and Building Permit Fees for the Development of Community Housing on 382 Metcalf Road.” Thank you, Eric ATTACHMENT A: Chapter 3.14 Community Housing Incentive code language ATTACHMENT B: Letter from Legacy Mountain Development ATTACHMENT C: Resolution No. 21-23 Tax Fee Waiver and Deed Restriction (COMPARISON versions showing changes from November 16, 2021 materials) AVON MUNICIPAL CODE CHAPTER 3.14 Community Housing Incentives Avon, Colorado, Home Rule Charter and Code Created: 2021-09-28 07:49:46 [EST] (Supp. No. 28) Page 1 of 2 CHAPTER 3.14 Community Housing Incentives 3.14.010 Purpose. Council may elect to promote Community Housing through the use of Community Housing Incentives, including the credit, exemption or waiver of taxes and/or fees which are otherwise applicable to residential development. The approval of Community Housing Incentives shall be in Council's sole discretion. The value of any Community Housing Incentive approved by Council shall be less than or reasonably commensurate with the value of the proposed Community Housing, which shall be determined in Council's sole discretion. The Community Housing Incentive shall not apply and shall not be granted to any Community Housing that is provided to satisfy employee housing mitigation required pursuant to Title 7 - Development Code. (Ord. No. 19-01, §4) 3.14.020 Definitions. Community Housing means residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. Community Housing Incentive means a tax and/or fee credit, exemption, waiver or refund approved by resolution in accordance with this Chapter 3.14. (Ord. No. 19-01, §4) Cross reference(s)—Development, § 7.08.010. 3.14.030 Approval by resolution. Any credit, exemption or waiver of taxes or fees shall be approved by Council by resolution, which approval shall be in Council's sole discretion. The resolution shall include the following minimum elements: (1) The Community Housing project shall be defined by location, type of residential units, and quantity of residential units; (2) The taxes and/or fees that are subject to a credit, exemption and/or waiver shall be defined, and may be apportioned for a development project with mixed Community Housing and commercial uses and/or free market residential uses; (3) The form of the deed restriction that shall protect and maintain such Community Housing for the benefit of the Town shall be included with the resolution and the resolution shall accept or authorize the acceptance and execution of the deed restriction; (4) The resolution shall include a finding that the tax and/or fee credits, exemptions and/or waivers are necessary to promote Community Housing that meets a current or projected housing need for the Avon community; and, (5) The resolution shall include a finding of public benefit for providing such tax and/or fee credit, exemption and/or waiver. (Ord. No. 19-01, §4) ATTACHMENT A: AMC 3.14 Community Housing Incentives Created: 2021-09-28 07:49:46 [EST] (Supp. No. 28) Page 2 of 2 3.14.040 Sales tax. Council may provide a tax credit for the amount of sales tax imposed upon building materials and fixtures delivered, installed and/or consumed in Community Housing projects. Council may determine to provide a partial tax credit as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. Neither the ability of the Town to grant this tax credit nor the termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. (Ord. No. 19-01, §4) 3.14.050 Real property transfer tax. Council may provide an exemption for the real property transfer tax on property that is conveyed to construct or otherwise provide a Community Housing project. Council may determine to provide a partial tax credit as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. Neither the ability of the Town to grant this tax credit nor the termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. (Ord. No. 19-01, §4) 3.14.060 Development Code fees. Council may provide a waiver, refund or reimbursement of Development Application review fees that are required pursuant to Title 7 - Development Code. The cost for third party consultants and professionals, studies and reports are not included in the Development Application review fees that can be waived, refunded or reimbursed under this Chapter 3.14. Council may determine to provide a partial fee waiver, refund or reimbursement as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) 3.14.070 Avon tap fees. Council may allow the tap fees to be credited towards the cost of required water line upgrades or extensions, may allow deferment of tap fee payment, or may allow a combination of credit and/or deferment of tap fees that are required pursuant to Chapter 13.08 - Rates and Charges of Title 13 - Public Services. Council may determine to provide a partial fee credit or fee deferment as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) 3.14.080 Building permit fees. Council may provide a waiver of Plan Review and Building Permit fees that are required pursuant to Title 15 - Building Code. Council may determine to provide a partial fee waiver, refund or reimbursement as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) ATTACHMENT A: AMC 3.14 Community Housing Incentives ATTACHMENT B: Project Letter ATTACHMENT B: Project Letter ATTACHMENT B: Project Letter Resolution 21-23 Tax and Fee Waiver for 382 Metcalf Rd November 16December 14, 2021 Page 1 of 3 RESOLUTION 21-23 WAIVING REAL ESTATE TRANSFER TAX, SALES TAX, DEVELOPMENT CODE FEES, AND BUILDING PERMIT FEES FOR THE DEVELOPMENT OF COMMUNITY HOUSING ON 382 METCALF RD WHEREAS, [DEVELOPMENT ENTITY], with an address of PO Box 2181, Edwards, Colorado 81632 (the “Declarant”) owns the real property and improvements now or hereafter situated thereon, located at 382 Metcalf Road, Avon, Colorado 81620 and legally described as TRACT Y, FINAL PLAT, MOUNTAIN STAR FILING NO. 3, ACCORDING TO THE PLAT RECORDED JANUARY 23, 1997 IN BOOK 717 AT PAGE 2, COUNTY OF EAGLE, STATE OF COLORADO (the “Property”); and WHEREAS, the Avon Town Council adopted Ordinance 19-01 on June 25, 2019, an ordinance setting forth a process whereby the Avon Town Council may waive or reduce certain fees related to the development of Community Housing projects; and WHEREAS, Declarant intends to construct residential dwelling units for Community Housing (“Community Housing Project”) which meets the requirements of the Avon Municipal Code and the requirements of the Community Housing Deed Restriction attached to this Resolution as Exhibit A: FORM OF DEED RESTRICTION (“Deed Restriction”); and WHEREAS, Declarant submitted a written request on November 8, 2021 explaining the proposal to construct residential dwelling units for Community Housing, along with a request to waive applicable development related fees and taxes (“Waiver”) for its Community Housings Project; and WHEREAS, in exchange for the Waiver, Declarant has agreed to execute the Deed Restriction, which Deed Restriction provides the Community Housing units to be constructed shall only be utilized for Eagle County Employees, as defined; and WHEREAS, the Avon Town Council finds that the construction of the Community Housing Project will promote and support, benefit, and enhance the Avon community by providing housing in the vicinity of a regional job center in the IC zone district; and, WHEREAS, the Avon Town Council finds that the promotion and support through the waiver of real estate transfer tax, sales tax on construction materials and fixtures delivered to the Community Housing Project, and waiver of development application and building code fees will promote the health, safety and general welfare of the Avon community. ATTACHMENT C: Resolution No. 21-23 Resolution 21-23 Tax and Fee Waiver for 382 Metcalf Rd November 16December 14, 2021 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby approves the request for the Waiver and execution of the Deed Restriction as follows: 1. The Town Council hereby finds the Waiver is necessary to promote Community Housing that will meet the current and projected housing needs for the Avon community. 2. The Town Council hereby finds the public as a whole will benefit from the Community Housing Project. 3. The Town hereby grants a waiver of real estate transfer tax for the transfer of title to the Property. 4. The Town hereby grants a waiver of sales tax applicable to the Community Housing Project, which waiver shall only apply to the purchase of construction materials and fixtures delivered to the Community Housing Project which are purchased on or before December 31, 2021. 5. The Waiver provided herein shall only become effective upon execution of the Deed Restriction by Declarant and the Town and the recording of the Deed Restriction in the Eagle County Clerk and Recorder’s Office. 6. Declarant shall provide records, receipts and documentation to the Town of the construction materials purchased on or prior December 31, 2021to issuance of a Certificate of Occupancy for each residence and shall maintain such records as is required by the Chapter 3.12 Sales Tax of the Avon Municipal Code. 7. This Waiver is conditioned upon development of the Property exclusively for Community Housing. 8. The Town of Avon pledges to make funds available to assist primary resident owners with the purchase of residences on the Property in accordance with the following policies: (a) Funds shall be provided for the purchase of an additional or replacement Community Housing deed restriction which limits use of the residence purchased to full-time, primary residence use by the owner/purchaser for a minimum period of 3 years and limits the use of the residence to at least one full-time resident who meets the definition of an employee in Eagle County and includes such other terms and conditions as the Town of Avon may require in its sole discretion. (b) The amount of the funds shall be limited to 12% of the purchase price or appraised value (whichever is less) and shall not exceed a maximum amount of $100,000 per residence. Council may revise the percentage funding terms or the maximum amount in its sole discretion. (c) Avon shall pledge to make funds available to assist primary residents with the purchase of 1/3rd of the residences on the Property (estimated to be 17 residences), which total pledged amount will not exceed $1.7 Million. The Town of Avon’s pledge of funds is subject to annual budget and appropriation by the Avon Town Council. The Avon Town Council may revise, increase, reduce or rescind its pledge of funds in its sole discretion. (d) The Town of Avon pledges its intent to pursue partnership funding contributions by the Town of Vail and Eagle County to match the Town of Avon’s pledge of funds. ATTACHMENT C: Resolution No. 21-23 Resolution 21-23 Tax and Fee Waiver for 382 Metcalf Rd November 16December 14, 2021 Page 3 of 3 ADOPTED November 16December 14, 2021 by the AVON TOWN COUNCIL By: Attest: ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT C: Resolution No. 21-23 Page 1 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 TOWN OF AVON - EMPLOYEE OCCUPIED DEED RESTRICTION THIS COMMUNITY HOUSING DEED RESTRICTION (the “Deed Restriction”) is entered into on , 202__ (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (the “Town”), and [DEVELOPMENT ENTITY], with an address of PO Box 2181, Edwards, Colorado 81632 (the “Declarant”) . WHEREAS, Declarant owns the real property and the improvements now or hereafter situated thereon, located at 382 Metcalf Road, Avon, Colorado 81620 and legally described as TRACT Y, FINAL PLAT, MOUNTAIN STAR FILING NO. 3, ACCORDING TO THE PLAT RECORDED JANUARY 23, 1997 IN BOOK 717 AT PAGE 2, COUNTY OF EAGLE, STATE OF COLORADO (the “Property”); and WHEREAS, Declarant intends to develop the Property exclusively for full time residential which meets the requirements and restrictions in this Deed Restriction; and WHEREAS, in compliance with the allowed uses on the Property, and further to the goals of the Town and Declarant to provide housing for Eagle County Employees (hereinafter defined), Declarant has agreed to place certain restrictions on the use of the Homes (hereinafter defined) to be constructed on the Property for the benefit of the Town by restricting occupancy of the Homes as provided in this Deed Restriction. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the parties agree as follows: COVENANTS 1. Restriction. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The use and development of the Property shall be restricted solely and exclusively to residential development for Community Housing as specified in this Deed Restriction and commercial and light industrial uses permitted by the underlying zone district shall not be permitted. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the Home is the Primary Residence for that person. EXHIBIT A: FORM OF DEED RESTRICTION Page 2 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 b. Home means each separate single-family or multi-family dwelling constructed within the Property and the real property upon or within which such dwelling is located. c. Owner means any person who acquires an ownership interest in a Home. d. Qualified Resident means an Eagle County Employee who occupies the applicable Home as their Primary Residence. e. Non-Qualified Resident means any person who does not meet the definition of Qualified Resident, including persons who originally qualified as a Qualified Resident but whose circumstances change and who no longer meets the definition of Qualified Resident. f. Primary Residence means the occupation and use of a Home as a person’s primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the occupant is continuously occupying and using the Home as a primary residence. Primary residence status may be maintained if unforeseen circumstances arise that requires the resident Eagle County Employee to temporarily leave the Home for a period not to exceed nine (9) months with the intent to return, and the Home is leased or subleased to another Qualified Resident after receiving written approval from the Town Manager. g. Second Home shall mean the status of a Home when occupied by any person who has a primary residence that is other than that Home. h. Short Term Rental shall mean the rental or lease of a Home for a period of time that is fewer than thirty (30) days. i. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Occupancy of the Homes. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, Declarant shall cause this Deed Restriction to be recorded against the Property in the real property records of Eagle County. b. Occupancy. Every Home developed within the Property shall be occupied by at least one (1) Qualified Resident. Permitted occupancy and use shall include immediate family members of the Qualified Resident(s) and temporary invitees who do not provide compensation for temporary residence at the Home. Any lease of a Home shall be for EXHIBIT A: FORM OF DEED RESTRICTION Page 3 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 periods of thirty (30) days or longer. Use or lease of a Home as a Second Home or for Short Term Rental is prohibited. Any use or lease of a Home that is not allowed or is prohibited by this Deed Restriction shall constitute a default of this Deed Restriction applicable to that Home only (and not any other Home or any other portion of the Property) and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction against the Owner of the Home that is not compliant with this Deed Restriction but not any other Owner. c. Exceptions. It shall not be deemed a violation of Section 3(b) above if: i. The occupant of a Home who was a Qualified Resident at the time their occupancy began becomes a Non-Qualified Resident because the occupant becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The occupant of a Home who was a Qualified Resident at the time their occupancy began becomes a Non-Qualified Resident because the occupant has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. A Home is unoccupied and the Owner of the Home is actively seeking to sell or lease the Home to a Qualified Resident, provided that the period of vacancy of the Home shall not exceed twelve (12) months. d. Every Owner, by taking title to a Home, covenants that the Owner shall not permit any occupancy, use or lease of the Owner’s Home in violation of this Section 3. No Owner of a Home, nor Declarant, shall be liable for any default under this Deed Restriction by any other Owner. e. Every Owner, by taking title to a Home, covenants that any lease of the Home shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Home and cooperation on providing required documentation for verification of Qualified Resident status. f. No later than February 1st of each year, the Owner of each Home shall submit to the Town a certification setting forth evidence establishing that the occupancy and use of the Home complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office or may be emailed if Owner elects to receive electronic communication. 4. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of a Home is in violation of any provision of this Deed Restriction, the Town may inspect the applicable Home (but not any other Home not alleged to be in violation of this Deed Restriction) between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner EXHIBIT A: FORM OF DEED RESTRICTION Page 4 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the applicable Home. This Deed Restriction shall constitute permission to enter the applicable Home (but not any other Home not alleged to be in violation of this Deed Restriction) during such times upon such notice without further consent. A default by an Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Occupancy of the Home by a person who is a Qualified Resident prior to obtaining certification from the Town that such person is a Qualified Resident. b. Any use or occupancy of the Home in violation of Section 3 above. c. Failure to submit an annual certification of occupancy and use as described in Section 3.f above. d. Failure to make payments and comply with the terms of any deed of trust placed on the Home after any period for notice and cure provided in said deed of trust. e. Any action by the Owner to encumber the Home in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. f. Permitting the use of the Home as a Short Term Rental or Second Home. 5. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the applicable Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation, which is not subject to appeal, shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. EXHIBIT A: FORM OF DEED RESTRICTION Page 5 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 In the event of any lease of a Home to a person who is not a Qualified Resident or use of a Home as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner of that Home (but not any Owner of any other Home) or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 6. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by an Owner, Town shall have the right to enforce that Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court filing costs and county recording costs against a defaulting Owner (but not any Owner of any other Home). In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Home that is in default (but not any other Home) and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the defaulting Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of a Home that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee of that Home (but not any Owner of any other Home) shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 7. Liquidated Damages. Each Owner acknowledges and agrees that in the event of a violation of this Deed Restriction by an Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and each Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that an Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 6 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance against a defaulting Owner (but not any other Owner). In the event of any lease or use of a Home as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the defaulting Owner (but not any other Owner) or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by the defaulting Owner (but not any other Owner) prior to receipt of a Notice of Default and prior to expiration of the sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 8. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation (“Freddie Mac”) or the Federal National Mortgage Association (“Fannie Mae”) holds or is assigned a deed of trust for any Home, the rights of the Town pursuant to the provisions of Sections 6 and 7 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Home, EXHIBIT A: FORM OF DEED RESTRICTION Page 6 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 6 or 7. 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. c. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Sections 9.e. and 9.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. In addition to the Town’s rights pursuant to Section 10 hereinbelow, the Town shall have thirty (30) days after issuance of the public trustee’s deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, plus interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee’s deed or the recording of a deed in lieu of foreclosure through the date of the Town’s purchase. If the Town shall not exercise its right to purchase as contained in this Section 9.e, then immediately upon expiration of the Town’s right to purchase this Deed Restriction shall be deemed terminated and released of record, and of no further force or effect with respect to the Home or other portion of the Property that was the subject of the foreclosure. The Town shall provide written confirmation, in recordable form, of the termination and release of this Deed Restriction as provided in this Section 9.e within ten (10) days after written demand from an Owner. f. Notwithstanding Section 10.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development (“HUD”) and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. EXHIBIT A: FORM OF DEED RESTRICTION Page 7 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a Notice of Election and Demand, other notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have the option to purchase (“Option to Purchase”) the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above (“Option Period”). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. c. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances, which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re-conveyance to a subsequent owner. d. The Town shall have the right to assign the Town’s right to purchase the Property to any party provided that this Deed Restriction shall remain in effect and burden the Property. e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, “and warrant title against all persons claiming under me.” f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 9.d above, subject, however, to Sections 9.e and 9.f above. In the event that Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. Mi Casa Program. The Town acknowledges and agrees that the Homes will qualify for buyer participation in the Town’s ¡Mi Casa Avon! Community Housing program, or future similar program, including the purchase and sale of a Deed Restriction with such terms as is determined by the Town and with such funds as may be available in the Town of Avon Community Housing EXHIBIT A: FORM OF DEED RESTRICTION Page 8 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 Fund. Individual buyers must meet the qualifications the Town’s ¡Mi Casa Avon! Community Housing program in order to participate. Any funding by the Town shall be subject to annual budget and appropriation by the Avon Town Council. The Town shall have the right, in its sole discretion, to revise and amend the requirements for the ¡Mi Casa Avon! Community Housing program from time to time. The Town may approve and require, without consent of the Declarant, a release of this Deed Restriction on a Home concurrently with executing, imposing and recording in the Eagle County Clerk and Recorder’s Office a new Deed Restriction under the ¡Mi Casa Avon! Community Housing program in order to avoid duplication of Deed Restrictions on a Home. 12. 13.12. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner with respect to such Owner’s Home only and the Town, and Declarant if Declarant holds title to any Home or any portion of the Property affected by the amendment, and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. e. Recording. Declarant shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and recorded document must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of any Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. EXHIBIT A: FORM OF DEED RESTRICTION Page 9 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The covenants shall be a burden upon and run with the Property and each Home for the benefit of the Town or the Town’s assigns. j. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. k. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. l. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property or a Home; or, by hand-delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to any Owner at the address provided by the Eagle County Assessor’s office for such Owner’s Home. [signature page follows] EXHIBIT A: FORM OF DEED RESTRICTION Page 10 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: [______________________________________] By:_________________________________ Name: ______________________________ Its: _________________________________ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ____________________, 202__, by ___________________________________, as _______________ of [DECLARANT ENTITY]. Witness my hand and official seal. ______________________________ Notary Public My commission expires: ________________ EXHIBIT A: FORM OF DEED RESTRICTION Page 11 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 TOWN OF AVON, COLORADO: By:__________________________________ Attest:______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Subscribed before me this ______ day of _______________, 2020, by Sarah Smith Hymes, as Mayor, and Brenda Torres, as Town Clerk of the Town of Avon, a Colorado home rule municipal corporation. Witness my hand and official seal. ______________________________ Notary Public My commission expires: ______________ EXHIBIT A: FORM OF DEED RESTRICTION (970) 748-4055 swright@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Scott Wright, Finance Director RE: 2022 Proposed Budget and 2021 Final Revised Budget DATE: December 9, 2021 SUMMARY: This report is presented to Council for adoption of the final revised 2021 operating funds and capital projects fund budgets, adoption of the proposed 2022 operating funds and capital projects fund budgets and long-range capital improvements program, and property tax levies for the Avon General Improvement District No.1.and for Town of Avon general operation purposes. 2021 Final Revised Budgets Resolutions No. 21-25 and 21-26 present the Town’s final revised operating budgets and capital project fund budgets for 2021 and are submitted for adoption by the Avon Town Council. Changes to the 2021 final revised budgets since the budget retreat held on October 29 are as follows: • Increased estimated sales tax revenues by $348,246. Since the budget retreat, actual sales tax revenues from August, September, and October have been received and have exceeded our original projections by this amount. • Increased estimated accommodation tax revenues by $223,941. Since the budget retreat, actual accommodation tax revenues from August, September, and October have been received and have exceeded our original projections by this amount. • Increased Buildings and Facilities appropriations by $58,668. This increase was due to unexpected security and safety repairs, new cameras, painting of the Parks garage and fencing and consolidation of trash services into this program. 2022 Proposed Budgets Resolutions No. 21-27 and 21-28 present the Town’s proposed operating budgets and capital project fund budgets and long-range capital improvements program for 2022 and are submitted for adoption by the Avon Town Council. The Town Manager and staff presented the proposed budgets at a Council budget retreat held on October 29 and subsequent public hearings on November 9th and 16th. Changes and additions to the 2022 proposed budgets since these hearings are identified and described as follows for Council consideration: General Fund • Increased estimated sales tax revenues by $358,683 for 2022 based on the increase realized in actual revenues through October, 2021. • Increased estimated accommodation tax revenues by $230,659 for 2022 based on the increase realized in actual revenues through October, 2021. • Added a proposed Planner I position that would be ½ planner and ½ Climate Action planner. Total cost of this position is $104,136 for salary and benefits. Community Development has operated with a very small staff since the recession in 2008. Prior to the recession, Community Development had a Planning Director, Planning Manager, two Planners and a part-time office administrator (4.5 total positions). Community Development has been operating with only 2 positions for years. The Community Development budget includes the replacement of the recently vacated Planner II Page 2 of 4 position with either a Planning Manager or Senior Planner (more years of experience). Community Housing efforts requires greater expertise and experience; therefore, staffing Community Development with two experienced planners is appropriate at this time. The addition of a Planner I is intended to provide support for routine and minor development applications as well as provide administrative support for data gathering and research for Climate Action work. The proposed job description is no a “Climate Action Coordinator” but rather administrative support for Climate Action work by the Leadership Team. The focus of the Climate Action Collaborative is expected to be on promoting building electrification. This focus is most relevant and applicable to the Community Development Department. • Added a proposed Operator II position to the Public Operations budget. Total cost of this position is $100,465. • Added $12,000 for leadership team training to the HR budget. The Town Manager enrolled in the Professional Development Academy for leadership training this fall. This on-line course is offered through the International City Managers Association (“ICMA”). This course provides valuable leadership information in an accessible and convenient on-line format. Many attendees of this course were department directors and leadership team members within municipalities across the country. The course is offered twice per year and includes milestones where attendees share what they are learning with their supervisor or manager. The cost per person is $2,000. The Town Manager would like to offer this course to 2-3 members of the Leadership team twice per year (i.e. up to 6 attendees per year) as a best resource to advance leadership development. • Added $4,750 for an administrative fee related to the Town’s participation in the Mountain Strong/Eagle Valley Behavioral Health program. Community Enhancement Fund • Add a ½ day Building Conference on Electrification and Net Zero Construction in the amount of $16,000 to be hosted by the Town of Avon at the Westin in mid-November, 2022. Promotion of building electrification is an identified Climate Action priority. Effective promotion will require support and endorsement of local contractors for building electrification and net zero construction. Building Inspector Derek Place has many ideas and a network of presenters to help shape this conference. Derek has been a leader on Climate Action strategies and crafted Avon’s building code amendments to adopt several identified Climate Action implementation goals. More information and definition of this Building Conference will be presented to Council as it is developed. Community Housing Fund • Added estimated tax revenues of $750,000 from the recently approved Short-Term Rental Tax of 2%. Disposable Paper Bag Fee Fund • Increase appropriations by $24,000 for additional two-can trash/recycle containers and other items yet to be determined. There are still several areas where Town of Avon trash cans do not have an accompanying recycle can. Page 3 of 4 Capital Projects Fund • Increased estimated real estate transfer tax revenues by $1,500,000 to a total of $6 million. • Added grant funding for EV charging stations in the amount of $45,000. The Town of Avon (Intern Emily) successfully applied for grant funds. • Added to the long-range capital project program the purchase of plow trucks in 2024 and 2026 for $301,181 and $319,512 respectively. • Council approved the addition of $100,000 for initial space planning and site design of a new Public Works Facility. Public Works is currently spread out across many sites in Town. Build and Facilities is also spread-out across different sites. With the growth of transit and pending full utilization of the Avon Regional Transit Facility for transit, Public Works has been displaced. The funding will help with initial space planning and design for a facility at Lot 5 which would serve Public Works (Public Operations under the reorganization), Engineering and Building and Facilities, including garage space for plows and sweepers and storage space for public works and building and facilities. 2021 Property Tax Mill Levies Resolutions No. 21-29 and 21-30 levying property taxes for the Avon General Improvement District No. 1 and for Town of Avon general operating purposes are submitted for adoption. The property tax mill rates will be levied as follows: • General operating purposes - 8.956 mills, no change from the previous year; • Avon General Improvement District No. 1 - 15.186 mills, no change from the previous year. According to State Statute, because the Town levies a property tax, the budget must be adopted by December 15, and filed with the Division of Local Governments no later than January 31. This budget meets this and all other legal requirements for submission. Public Hearings As required by Town Charter, public hearings have previously been held regarding the proposed 2022 budget on November 9 and November 16, 2021. On December 14, 2021 a final public hearing will be held for members of the public to comment on the proposed 2022 budget, as well as the final supplemental amendment to the 2021 budget. RECOMMENDATION: Staff recommends that Council adopt the resolutions discussed above as presented. PROPOSED MOTION: “I move to approve Resolutions 21-25 through 20-30 as listed on the Town Council meeting agenda for December 14, 2021, adopting the final revised 2021 operating funds and capital projects fund budgets, adopting the proposed 2022 operating funds and capital projects fund budgets and long-range capital improvements program, and levying property taxes for the Avon General Improvement District No.1 and for Town of Avon general operation purposes." Page 4 of 4 ATTACHMENTS: Attachment A - Resolution No. 21-25 Attachment B - Resolution No. 21-26 Attachment C - Resolution No. 21-27 Attachment D - Resolution No. 21-28 Attachment E - Resolution No. 21-29 Attachment F - Resolution No. 21-30 Attachment G - Financial Overview, Total All Funds Attachment H - Financial Overview, Total by Fund Attachment I - Long-range Capital Plan Thank you, Scott Resolution No. 21-25 December 14, 2021 Page 1 of 3 RESOLUTION NO. 21-25 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2021 OPERATING BUDGETS FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2021 AND ENDING ON THE LAST DAY OF DECEMBER, 2021 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2021 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2021; and WHEREAS, the Town Council finds it necessary to amend the 2021 budget to more accurately reflect the revenues and expenditures for 2021; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed supplemental amendment to the 2021 budget was open for inspection by the public at a designated place, a public hearing was held on December 14, 2021 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON:: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2021: Original or Previously Amended 2021 Budget Current Proposed Amended 2021 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 10,202,887 19,349,086 18,640,946 $ 10,202,887 21,326,845 18,807,003 Ending Fund Balance $ 10,911,027 $ 12,722,729 ATTACHMENT A Resolution No. 21-25 December 14, 2021 Page 2 of 3 Original or Previously Amended 2021 Budget Current Proposed Amended 2021 Budget Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 246,081 80,000 178,500 $ 247,473 80,000 28,500 Ending Fund Balance $ 147,581 $ 298,973 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 600,207 200,000 128,358 $ 638,649 200,000 131,348 Ending Fund Balance $ 671,849 $ 707,301 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 2,165,857 61,250 1,106,731 $ 2,165,857 61,250 1,302,231 Ending Fund Balance $ 1,120,376 $ 924,876 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 112,804 5,000 13,000 $ 112,804 5,000 13,000 Ending Fund Balance $ 104,804 $ 104,804 Disposable Paper Bag Fee Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 101,100 0 67,000 $ 101,130 44,000 67,000 Ending Fund Balance $ 34,100 $ 78,130 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 27,645 967,385 963,855 $ 27,645 968,485 968,485 Ending Fund Balance $ 31,175 $ 27,645 ATTACHMENT A Resolution No. 21-25 December 14, 2021 Page 3 of 3 Mobility Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Original or Previously Amended 2021 Budget $ 716,522 5,936,478 5,284,063 Current Proposed Amended 2021 Budget $ 725,524 3,955,178 3,304,062 Ending Fund Balance $ 1,368,937 $ 1,376,640 Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 189,321 1,857,002 1,826,024 $ 189,321 1,889,514 1,842,164 Ending Fund Balance $ 220,299 $ 236,671 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,157,454 1,210,789 1,212,233 $ 3,155,954 1,250,789 1,249,952 Ending Fund Balance $ 3,156,010 $ 3,156,791 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED December 14, 2021 by the AVON TOWN COUNCIL By:______________________________ Attest:________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT A Resolution No. 21-26 December 14, 2021 Page 1 of 2 RESOLUTION NO. 21-26 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2021 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2021 AND ENDING ON THE LAST DAY OF DECEMBER 2021 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2021 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2021; and WHEREAS, the Town Council finds it necessary to amend the 2021 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2021; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed supplemental amendment to the 2021 budget was open for inspection by the public at a designated place, a public hearing was held on December 14, 2021 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That estimated revenues and expenditures for the Capital Projects Fund are revised as follows for 2021: Original or Previously Amended 2021 Budget Current Proposed Amended 2021 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 12,101,243 4,288,500 9,696,484 $ 12,101,243 7,076,000 9,418,845 Ending Fund Balance $ 6,693,259 $ 9,758,398 ATTACHMENT B Resolution No. 21-26 December 14, 2021 Page 2 of 2 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget as hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED December 14, 2021 by the AVON TOWN COUNCIL By:______________________________ Attest:________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT B Resolution No. 21-27 December 14, 2021 Page 1 of 2 RESOLUTION NO. 21-27 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2022 AND ENDING ON THE LAST DAY OF DECEMBER, 2022 WHEREAS, the Town Council of the Town of Avon has appointed the town Manager to prepare and submit a proposed budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. Public hearings were held on November 9, November 16, and December 14, 2021, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That estimated revenues and expenditures for the operating funds of the Town of Avon are presented as follows for 2022: 2022 Proposed Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 12,664,061 22,411,420 22,199,792 Ending Fund Balance $ 12,875,689 Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 298,973 80,000 136,000 Ending Fund Balance $ 242,973 ATTACHMENT C Resolution No. 21-27 December 14, 2021 Page 2 of 2 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2022 Proposed Budget $ 707,301 200,000 177,308 Ending Fund Balance $ 729,993 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 924,876 1,405,767 1,200,000 Ending Fund Balance $ 1,130,643 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 104,804 5,000 13,000 Ending Fund Balance $ 96,804 Disposable Paper Bag Fee Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 78,130 44,000 60,000 Ending Fund Balance $ 62,130 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 27,645 959,708 959,708 Ending Fund Balance $ 27,645 Mobility Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,376,640 4,567,025 5,554,578 Ending Fund Balance $ 389,087 ATTACHMENT C Resolution No. 21-27 December 14, 2021 Page 3 of 2 2022 Proposed Budget Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 236,671 1,788,286 1,733,702 Ending Fund Balance $ 291,255 Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,156,791 1,206,958 853,350 Ending Fund Balance $ 3,510,399 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED December 14, 2021 by the AVON TOWN COUNCIL By:______________________________ Attest:________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT C Resolution No. 21-28 December 14, 2021 Page 1 of 2 RESOLUTION NO. 21-28 A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG- RANGE CAPITAL PROGRAM AND SUMMARIZE EXPENDITURES AND REVENUES FOR THE CAPITAL PROJECTS FUND AND ADOPT A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2022 AND ENDING ON THE LAST DAY OF DECEMBER 2022 WHEREAS, the Town Council of the Town of Avon has directed the Town Manager to prepare and submit a long-range capital program to said governing body for its consideration; and WHEREAS, the Town Council of the Town of Avon has directed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. Public hearings were held on November 9, November 16, and December 14, 2021, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That long-range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2022: ATTACHMENT D Resolution No. 21-28 December 14, 2021 Page 2 of 2 2022 Proposed Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 9,758,398 4,577,500 8,014,795 Ending Fund Balance $ 6,321,103 Section 3. That the budget, as submitted, and hereinabove summarized by fund, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED December 14, 2021 by the AVON TOWN COUNCIL By:______________________________ Attest:________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT D Resolution No. 21-29 December 14, 2021 Page 1 of 2 RESOLUTION NO. 21-29 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE YEAR 2021, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2022 BUDGET YEAR WHEREAS, on August 28, 2007, the Town Council of the Town of Avon passed on second reading Ordinance No. 07-07 declaring the Town of Avon General Improvement District No. 1 (District) organized and submitted to the electors of the District the question of imposing an ad valorem tax to pay the annual expenses of the District; and WHEREAS, on November 6, 2007, an election was held under the requirements and procedures of the Uniform Election Code, the Mail Ballot Election Act, and TABOR, and a majority of the votes cast on the question were in favor of incurring such levy as provided in such question; and WHEREAS, the Town Council is authorized to act as the ex-officio Board of Directors of the District and is authorized to proceed with the necessary action to levy the ad valorem taxes so authorized; and WHEREAS, the authority to levy ad valorem taxes as conferred by the results of the election, is deemed and considered a continuing authority to levy the ad valorem taxes so authorized; and WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on December 14, 2021; and WHEREAS, the estimated cost of providing transportation and recreation services to and within the District is $46,004; and WHEREAS, the 2021 net total assessed valuation for the property included in the District as certified by the County Assessor is $3,029,370. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: ATTACHMENT E Resolution No. 21-29 December 14, 2021 Page 2 of 2 Section 1. That for the purpose of providing transportation and recreation services to and within the District during the 2022 budget year there is levied a tax of 15.186 mills upon each dollar of the net total assessed valuation of all taxable property within the District for the year 2021. Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon Local Improvement District No. 1 as hereinabove determined and set. ADOPTED December 14, 2021 by the AVON TOWN COUNCIL By:______________________________ Attest:________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT E Resolution No. 21-30 December 14, 2021 Page 1 of 1 RESOLUTION 21-30 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2021, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2022 BUDGET YEAR WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on December 14, 2021; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $2,103,515; and WHEREAS, the 2021 net total assessed valuation for the Town of Avon, as certified by the County Assessor is $234,872,120. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That for the purpose of meeting general operating expenses of the Town of Avon during the 2022 budget year there is levied a tax of 8.956 mills upon each dollar of the net total assessed valuation of all taxable property within the Town of Avon for the year 2021. Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon as hereinabove determined and set. ADOPTED December 14, 2021 by the AVON TOWN COUNCIL By:______________________________ Attest:________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT F Final Original Revised Proposed Actual Budget Budget Budget 2020 2021 2021 2022 REVENUES Taxes 22,054,652$ 17,674,978$ 25,227,754 24,401,628$ Licenses and Permits 388,494 305,100 325,325 325,325 Intergovernmental 2,428,203 3,255,460 3,262,486 3,958,987 Charges for Services 2,877,581 3,597,111 3,858,645 4,364,073 Fines and Forfeitures 39,693 46,900 38,700 38,700 Investment Earnings 288,927 200,032 125,032 100,000 Other Revenue 2,505,527 688,379 784,983 787,989 Total Operating Revenues 30,583,077 25,767,960 33,622,925 33,976,702 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 4,757,093 5,029,857 Total Other Sources 12,254,282 4,946,659 4,832,093 5,104,857 TOTAL REVENUES 42,837,359 30,714,619 38,455,018 39,081,559 EXPENDITURES General Government and Finance 5,509,390 5,836,971 6,877,395 7,260,375 Community Development 500,739 557,161 551,108 716,454 Public Safety 4,050,935 4,188,557 4,279,054 4,834,501 Public Works, Engineering and Utilities 4,067,683 4,916,403 5,249,492 7,150,729 Transportation and Fleet Maintenance 3,476,237 6,105,239 4,911,011 7,051,168 Recreation 1,311,887 1,742,160 1,771,432 2,097,618 Total Operating Expenditures 18,916,871 23,346,491 23,639,492 29,110,845 Debt Service 2,286,655 2,031,087 2,036,968 2,028,892 Capital Improvements and Equipment Replacement 2,335,437 6,139,073 8,308,205 6,538,789 Other Uses Payments to Refunded Bond Escrow Agent 9,069,829 - - - Transfers-Out To Other Funds 4,086,831 4,911,659 4,757,093 5,029,857 TOTAL EXPENDITURES 36,695,623 36,428,310 38,741,758 42,708,383 NET SOURCE (USE) OF FUNDS 6,141,736 (5,713,691) (286,740) (3,626,824) FUND BALANCES, Beginning of Year 23,549,693 22,626,569 29,691,429 29,404,689 FUND BALANCES, End of Year 29,691,429$ 16,912,878$ 29,404,689$ 25,777,865$ TOTAL - ALL FUNDS TOWN OF AVON Financial Overview ATTACHMENT G Urban Community Community General Renewal Enhancement Water Housing Fund Fund Fund Fund Fund REVENUE Taxes 18,469,729$ 1,835,895$ -$ -$ 750,000$ 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 21,916,827 1,835,895 80,000 200,000 808,068 Other Sources Sales of Fixed Assets - - - - - Capital Lease Proceeds - - - - - Bond and Loan Proceeds - - - - - Transfers-In From Other Funds 494,593 - - - 597,699 TOTAL REVENUES 22,411,420 1,835,895 80,000 200,000 1,405,767 EXPENDITURES General Government, HR and Finance 5,944,298$ 56,077 - - 1,200,000 Community Development 703,454 - - - - Public Safety 4,834,501 - - - - Public Works and Engineering 7,019,921 - 16,000 114,808 - Mobility and Fleet Maintenance - - - - - Recreation 2,097,618 - - - - Total Operating Expenditures 20,599,792 56,077 16,000 114,808 1,200,000 Debt Service - 750,073 - - - Capital Expenditures - - - - - Other Uses Payments to Refunded Bond Escrow Agent - - - - - Transfers-Out To Other Funds 1,600,000 1,000,000 120,000 62,500 - TOTAL EXPENDITURES 22,199,792 1,806,150 136,000 177,308 1,200,000 NET SOURCE (USE) OF FUNDS 211,628 29,745 (56,000) 22,692 205,767 FUND BALANCES, Beginning of Year 12,664,061 70,399 298,973 707,301 924,876 FUND BALANCES, End of Year 12,875,689$ 100,144$ 242,973$ 729,993$ 1,130,643$ Special Revenue Funds TOTAL - BY FUND TOWN OF AVON Financial Overview ATTACHMENT H Page 1 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$ 46,004$ -$ -$ 24,401,628$ 5,000 - - - - - - 325,325 - - - 70,000 2,802,907 - - 3,958,987 - - - - 266,625 1,292,929 1,131,958 4,364,073 - - - - - - - 38,700 - - - 25,000 - - - 100,000 - 44,000 - - 151,489 - - 787,989 5,000 44,000 - 3,395,000 3,267,025 1,292,929 1,131,958 33,976,702 - - - - - - 75,000 75,000 - - - - - - - - - - - - - - - - - - 959,708 1,182,500 1,300,000 495,357 - 5,029,857 5,000 44,000 959,708 4,577,500 4,567,025 1,788,286 1,206,958 39,081,559 - 60,000 - - - - - 7,260,375 13,000 - - - - - - 716,454 - - - - - - - 4,834,501 - - - - - - - 7,150,729 - - - - 5,512,823 1,538,345 - 7,051,168 - - - - - - - 2,097,618 13,000 60,000 - - 5,512,823 1,538,345 - 29,110,845 - - 959,708 81,999 41,755 195,357 - 2,028,892 - - - 5,685,439 - - 853,350 6,538,789 - - - - - - - - - - - 2,247,357 - - - 5,029,857 13,000 60,000 959,708 8,014,795 5,554,578 1,733,702 853,350 42,708,383 (8,000) (16,000) - (3,437,295) (987,553) 54,584 353,608 (3,626,824) 104,804 78,130 27,645 9,758,398 1,376,640 236,671 3,156,791 29,404,689 96,804$ 62,130$ 27,645$ 6,321,103$ 389,087$ 291,255$ 3,510,399$ 25,777,865$ Enterprise Funds TOTAL - BY FUND Special Revenue Funds TOWN OF AVON Financial Overview ATTACHMENT H Page 2 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$ 6,000,000$ 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 - - - - - 2022 Charge Ahead Grant Fast EV Charging Station)- - - - 45,000 - - - - CDOT US Hwy 6 & Stonebridge Rd. Roundabout Grant - - - - - 2,200,000 - - - Other Revenues: Project Cost Reimbursement - - - 28,500 - - - - - Nonclassified 770 - - - - - - - - Total Operating Revenues 6,127,200 2,550,000 3,419,000 6,147,500 3,395,000 5,535,000 3,370,000 3,405,000 3,450,000 Other Sources: Transfers In - General Fund - Assigned to Village at Avon Asphalt Overlays - - - - - 250,000 250,000 250,000 250,000 Transfers In - Avon URA - 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 Transfers In - Community Enhancement Fund - West Avon Preserve Trail Improvements - 28,500 28,500 28,500 - - - - - - Powerline Undergrounding - 120,000 - - 120,000 - - - - Transfers In - Water Fund - Nottingham-Puder Ditch Piping - - - - 62,500 625,000 - - - Transfers In - Equipment Replacement Fund Pool Replastering - - 141,000 150,000 - - - - - Total Other Sources 700,000 848,500 869,500 928,500 1,182,500 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$ 7,076,000$ 4,577,500$ 7,410,000$ 4,620,000$ 4,655,000$ 4,700,000$ EXPENDITURES Capital Improvements: Facilities 490,210 1,604,840 2,592,495 2,571,222 1,705,000 3,889,705 - 155,000 - Land and Land Improvements 79,006 748,000 897,905 817,905 1,657,000 165,000 115,000 40,000 80,000 Roads and Streets 1,109,419 2,367,000 2,666,164 2,888,698 1,890,000 3,924,000 2,578,000 2,950,000 2,833,000 Utility Projects 289,803 - 285,894 285,894 187,500 625,000 - - - Projected ATTACHMENT I Page 1 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 Planning and Consulting - - - - 100,000 175,000 - - - Communications and Technology 142,756 357,000 644,534 644,534 145,939 - - - - 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 7,290,252 5,767,438 8,834,425 2,748,720 3,145,000 2,913,000 Other Uses: Transfers Out - General Fund: - Engineering Department Salary and Operations 247,314 247,314 341,648 341,648 494,593 509,431 524,714 540,455 556,669 Transfers Out - Community Housing Fund: - Mi Casa Program - - - - 597,699 - - - - Transfers Out - Debt Service Fund: - 2010 COPs (ARTF)239,363 - - 700 - - - - - - 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.)449,825 449,375 449,375 450,925 448,375 447,675 443,675 449,525 418,425 - 2020 Refunding COPs - 195,517 195,517 195,317 192,214 194,323 196,183 190,993 192,840 Transfers Out - Mobility Fund: - Diesel Buses (2) - 200,000 200,000 200,000 - - - - - - Electric Buses (2) - 300,000 400,000 - - - - - - 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 Transfers Out - Equipment Replacement Fund: - Street Sweeper and Loader - 425,000 425,000 425,000 - - - - - - Snow Plow - - - - - - 301,181 - 319,512 Total Other Uses 1,255,115 2,333,159 2,527,493 2,128,593 2,247,357 1,671,127 1,978,371 1,695,385 2,000,312 Total Expenditures and Uses of Funds 3,448,308 7,491,998 9,696,484 9,418,845 8,014,795 10,505,552 4,727,091 4,840,385 4,913,312 Net Source (Use) of Funds 3,378,892 (4,093,498) (5,407,984) (2,342,845) (3,437,295) (3,095,552) (107,091) (185,385) (213,312) Fund Balance, Beginning of Year 8,722,351 7,222,383 12,101,243 12,101,243 9,758,398 6,321,103 3,225,551 3,118,460 2,933,075 Fund Balance, End of Year 12,101,243$ 3,128,885$ 6,693,259$ 9,758,398$ 6,321,103$ 3,225,551$ 3,118,460$ 2,933,075$ 2,719,764$ ATTACHMENT I Page 2 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 8,174,080 5,408,785 3,238,233 2,881,142 3,345,757 2,187,656 Total Fund Balances 12,101,243$ 3,128,885$ 6,693,259$ 9,758,398$ 6,321,103$ 3,225,551$ 3,118,460$ 2,933,075$ 2,719,764$ ATTACHMENT I Page 3 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 51,000 - - 26,000 26,000 26,000 25,000 - - - - Public Works Facilities Facilities/ Equipment / Cinder Storage Planning 600,000 - - - - - 100,000 500,000 - - - 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 - - - - 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 - - - - Metcalf Family Cabin Feasibility Analysis 20,000 - 20,000 20,000 - - - 20,000 - - - Projected ATTACHMENT I Page 4 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 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 - - - - - Recreation Center Aquatics Remodel Plan and Design 50,000 - - - - - 50,000 - - - - Pavilion Ramp 100,000 - - - - - 100,000 - - - - Other Facilities: Swift Gulch Housing Design - - 120,000 120,000 - - - - - - - 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 Planning 20,000 - 100,000 100,000 - - 20,000 - - - - 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 - - ATTACHMENT I Page 5 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 - June Creek Emergency Access 110,000 - - - 10,000 10,000 100,000 - - - - ATTACHMENT I Page 6 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 42,576,663$ 2,111,194$ 5,076,840$ 7,086,992$ 7,208,253$ 19,255,982$ 5,685,439$ 8,778,705$ 2,693,000$ 3,145,000$ 2,913,000$ ATTACHMENT I Page 7 _______________________________________________________________________________ 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. 1 AVON URBAN RENEWAL AUTHORITY MEETING AGENDA TUESDAY, DECEMBER 14, 2021 MEETING BEGINS AT 6:10 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON URBAN RENEWAL AUTHORITY MEETING IS SCHEDULED TO BEGIN AT 6:10PM. THIS START TIME IS APPROXIMATE AND COULD START EARLIER OR LATER THAN 6:10PM. 1. CALL TO ORDER AND ROLL CALL 6:10 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. BUSINESS ITEMS 4.1. PUBLIC HEARING FOR THE ADOPTION OF THE 2022 PROPOSED AND 2021 FINAL REVISED AVON URBAN RENEWAL AUTHORITY ANNUAL BUDGETS (TREASURER SCOTT WRIGHT)(5 Minutes) 6:10 • RESOLUTION 21-01, AMENDING THE 2021 AVON URBAN RENEWAL AUTHORITY BUDGET • RESOLUTION 21-02, SUMMARIZING EXPENDITURES AND REVENUES AND ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2022 AND ENDING ON THE LAST DAY OF DECEMBER 2022 4.2. APPROVAL OF DECEMBER 8, 2020 URA MEETING MINUTES (DEPUTY AUTHORITY CLERK KENDALL MOORE) (5 Minutes) 6:15 5. ADJOURNMENT 6:20 *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 Co uncil 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 i ncreased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. (970) 748-4055 swright@avon.org TO: Chairperson Sarah Smith Hymes and URA Commissioners FROM: Scott Wright, Authority Treasurer RE: 2022 Proposed and 2021 Revised Budgets DATE: December 9, 2021 Introduction and Action Before the Board Adoption of the 2022 Proposed and 2021 Final Revised Avon Urban Renewal Authority annual budgets. Summary Attached are the final proposed and revised budget resolutions for the Avon Urban Renewal Authority. The Authority is considered a separate legal entity from the Town authorized by the Colorado Urban Renewal Act. The Authority’s budget summary is attached as an exhibit to this memorandum and is also included for informational purposes in the Town’s budget summary as a component unit of the Town. Public hearings were previously held on November 9 and November 16. There have been no changes to either the 2021 final revised budget or the 2022 proposed budget since the budget retreat held on October 29, 2021. Proposed Motion “I move to approve Resolutions 21-01 and 21-02 to amend the final revised 2021 annual budget and adopt the proposed 2022 annual budget for the Avon Urban Renewal Authority.” Recommendation Staff recommends that the Board adopt the resolutions as presented. Exhibits and Attachments: Attachment A - Resolution No. 21-01 Attachment B - Resolution No. 21-02 Attachment C - Avon Urban Renewal Authority Fund Summary Thank you, Scott Resolution No. 21-01 December 14, 2021 Page 1 of 2 AVON URBAN RENEWAL AUTHORITY RESOLUTION NO. 21-01 A RESOLUTION AMENDING THE 2021 AVON URBAN RENEWAL AUTHORITY BUDGET WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has previously adopted the 2021 budget; and WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority reviewed the revised estimated revenues and expenditures for all funds for 2021; and WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority finds it necessary to amend the 2021 budget to more accurately reflect the revenues and expenditures for 2021; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2021 budget was open for inspection by the public at a designated place, a public hearing was held on December 14, 2021 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are revised as follows for 2021: Original or Previously Amended 2021 Budget Current Proposed Amended 2021 Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 71,639 1,607,703 1,499,249 $ 180,093 $ 22,942 1,597,957 1,550,500 $ 70,399 ATTACHMENT A Resolution No. 21-01 December 14, 2021 Page 2 of 2 Section 2. That the budget, as submitted and amended hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED December 14, 2021 by the AVON URBAN RENEWAL AUTHORITY BOARD OF COMMISSIONERS By:______________________________ Attest:________________________ Sarah Smith Hymes, Chairman Scott Wright, Treasurer CERTIFIED: _____________________________ Brenda Torres, Authority Clerk ATTACHMENT A Avon Urban Renewal Authority Resolution No. 21-02 December 14, 2021 Page 1 of 2 AVON URBAN RENEWAL AUTHORITY RESOLUTION NO. 21-02 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2022, AND ENDING ON THE LAST DAY OF DECEMBER, 2022. WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has directed the Authority’s Executive Director to prepare and submit a proposed budget for its consideration; and WHEREAS, Scott Wright, Treasurer, has submitted a proposed budget and held a budget retreat with said governing body on October 29, 2021; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, public hearings were held on November 9, November 16, and December 14, 2021 and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are as follows for 2022: 2022 Proposed Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 70,399 1,835,895 1,806,150 Ending Fund Balance $ 100,144 ATTACHMENT B Avon Urban Renewal Authority Resolution No. 21-02 December 14, 2021 Page 2 of 2 Section 2. That the budget, as submitted, hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED December 14, 2021 by the AVON URBAN RENEWAL AUTHORITY BOARD OF COMMISSIONERS By:______________________________ Attest:________________________ Sarah Smith Hymes, Chairman Scott Wright, Treasurer CERTIFIED: _____________________________ Brenda Torres, Authority Clerk ATTACHMENT B 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 ATTACHMENT C MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING WEDNESDAY DECEMBER 8, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 1. CALL TO ORDER AND R OLL CALL The meeting was hosted in a virtual format, using Zoom.us. Chairwoman Smith Hymes called the meeting to order at 6:19 p.m. A roll call was taken, and Authority members present by video/audio were Jennie Fancher, Jake Wolf, Tamra Underwood, Amy Phillips, Scott Prince, and Chico Thuon. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Director of Engineering Justin Hildreth, Director of Planning and Development Matt Pielsticker, Director of Human Resources Lance Richards, Finance Director Scott Wright, General Government Manager Ineke de Jong, and Deputy Town Clerk Kendall Moore. 2. A PPROVAL OF AGENDA The Video Start Time: 01:18:34 No Changes were made to the agenda. Authority Member Fancher moved to approve the agenda. Authority Member Underwood seconded the motion and it passed with a vote of 7 to 0. 3. PUBLIC C OMMENT The Video Start Time: 01:19:27 Chairwoman Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. No public comments were made. 4. B USINESS I TEMS 4.1 PUBLIC HEARING FOR THE ADOPTION OF THE 2021 PROPOSED AND 2020 FINAL REVISED AVON URBAN RENEWAL AUTHORITY ANNUAL BUDGETS (FINANCE DIRECTOR SCOTT WRIGHT) The Video Start Time: 01:19:45 Finance Director Scott Wright mentioned that the savings of $100,000 in Debt Savings that we realized last year is reflected in the Proposed 2021 Budget. Chairwoman Smith Hymes called for public comments and no public comments were made. Authority Member Underwood moved to approve Resolution 20-05 and Resolution 20-06 to amend the Final Revised 2020 Annual Budget and Adopt the Proposed 2021 Annual Budget for the Avon Urban Renewal Authority. Authority Member Phillips seconded the motion and the motion passed with a vote of 7 to 0. 4.2 APPROVAL OF THE MAY 26, 2020 URA MEETING MINUTES (AUTHORITY CLERK BRENDA TORRES) The Video Start Time: 01:22:26 Authority Member Fancher moved to approve the May 26, 2020 URA Meeting Minutes. Authority Member Prince seconded the motion and the motion passed with a vote of 7 to 0. Authority Member Thuon was skipped in the roll call, but he announced his vote to the Town Manager and his vote was counted. MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING WEDNESDAY DECEMBER 8, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5. ADJOURNMENT There being no further business to come before the Authority, Chairwoman Smith Hymes moved to adjourn the meeting. The time was 7:22 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ______________________________ Kendall Moore, Deputy Authority Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood 970.748.4045 JHildreth@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Justin Hildreth, Town Engineer RE: Professional Service Agreement with Zehren and Associates Harry A. Nottingham Park - East Park Improvements DATE: December 9, 2021 SUMMARY: The Town Council is asked to authorize Mayor Smith Hymes to sign a Professional Service Agreement (“PSA”) for Professional Design Services for the Harry A. Nottingham Park - East Park Improvements with Zehren and Associates, Inc. The attached PSA (“Attachment A”) includes preparation of Design Development and Construction Documents, and assistance with the Bid Process. Zehren and Associates, Inc. is recommended by staff because they have assisted with project scoping and prepared the conceptual and schematic design documents. BACKGROUND: During the Capital Improvement Plan (CIP) budget process last year, staff was directed to proceed with design of restrooms and ancillary improvements, including a picnic and seating area and retaining wall replacement. The Town retained Zehren and Associates, Inc. to develop concepts for the site, solicit public feedback, and present them to Town Council for review and comment. On October 06, 2021, Town Council approved the site program which includes restrooms to accommodate events up to 3,000 people, concessions stand, picnic area, retaining walls, and special event support facilities. The project is scheduled to be presented to Planning and Zoning Commission on December 21, 2021, and Town Council on January 11, 2021 for Final Design Review approval. SCHEDULE: Upon execution of the PSA, Zehren and Associates will prepare Design Development Documents and estimate of probable cost by February with final Construction Documents by April 1. The project will be bid out in April and the Notice of Award presented to Town Council at the May 24, 2022 meeting. Construction will start on July 5, 2022 and be completed by May 1, 2023. The west parking lot will be kept open until September 6, 2022 to accommodate the summer event season. PROJECT FUNDING: The current construction cost estimate based on schematic design is $3,000,000. More detailed cost estimates will be presented to Council upon completion of Design Development and Construction Documents. $2,850,000 is currently budgeted in the Capital Projects Fund with revenues from the Avon Urban Renewal Authority and Capital Project Funds budget. SCOPE OF SERVICES: Services are detailed in Exhibit A to the PSA, and generally include the following tasks: (a) Final Design Review with the Planning and Zoning Commission and Town Council (b) Design Development Documents (60% approximate completion) (c) Construction Documents (d) Assistance with bid process The documents will include the following disciplines: (a) Architectural and Interiors (b) Civil: grading, drainage and utility plans (c) Landscaping: site plan, plantings, site materials, furnishings (d) Mechanical, electrical and plumbing plans Page 2 of 2 (e) Structural plans (f) Irrigation plans (g) Cost estimates at design development and construction document stages (h) Specifications, supplemental conditions, and instructions to bidders (i) Meetings and project coordination COUNCIL OPTIONS: • Approve PSA as drafted; or • Approve PSA with modifications; or • Continue action until future meeting date. RECOMMENDED MOTION: “I motion to approve the Professional Services Agreements with Zehren and Associates to complete Architectural, Engineering, and Cost Estimating services for the Harry A. Nottingham Park – East Park Improvements Project.” Thank you, Justin ATTACHMENT A: Professional Service Agreement for Zehren and Associates, Inc. Page 1 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 2021 Professional Service Agreement HARRY A. NOTTINGHAM PARK EAST PARK IMPROVEMENTS THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) dated as of DECEMBER 15, 2021 is entered into by and between ZEHREN AND ASSOCIATES, INC., a Colorado CORPORATION whose business address is PO BOX 1976, AVON, CO 81620 (“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- 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’ Page 2 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 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. 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 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. Page 3 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 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 Contract 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 $ TWO HUNDRED TEN THOUSAND FIVE HUNDRED NINETY Dollars ($210,590.00). 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. 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. Page 4 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 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. 4.0 TERM AND TERMINATION Page 5 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 4.1 Term. The provision of services under this Agreement shall commence on JANUARY 01, 2022 and will terminate on DECEMBER 31, 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 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. 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 Page 6 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 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. Coverage shall be provided on an “occurrence” basis as opposed to a “claims made” basis. Such Page 7 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 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 Page 8 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 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 exclusive property of Town. Town will have unlimited right to make, have made, use, reconstruct, repair, modify, reproduce, publish, distribute and sell 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. 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 C. termination of this Agreement. Page 9 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 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. Page 10 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 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 Page 11 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN resolution or motion of the Town Council. No assignment shall release the Applicant from performance of 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 Workers without authorization. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. This paragraph shall not apply to any services falling under the exceptions provided for in C.R.S. 8-17.5- 101(b)(I)-(V). Contractor shall not knowingly employ or contract with an worker without authorization 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 workers without authorization. By entering into this Agreement, Contractor certifies as of the date of this Agreement it does not knowingly employ or contract with an worker without authorization 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 worker without authorization, 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 worker without authorization. The Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the worker without authorization 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 worker without authorization. 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 Page 12 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 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. 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 Attention: , Page 13 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN With Copy to: Town Attorney 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 townattorney@avon.org JUSTIN HILDRETH, PE 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 JHILDRETH@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. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK-SIGNATURE PAGE FOLLOWS] Page 14 of 15 PSA – EAST PARK IMPROVEMENTS, ZEHREN 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: Position: PSA – EAST PARK IMPROVEMENTS, ZEHREN Page 15 of 15 EXHIBIT A Project/Services Name: WORK RELEASE FOR PROFESSIONAL DESIGN SERVICES, DATED DECEMBER 08, 2021 HARRY A. NOTTINGHAM PARK – EAST PARK IMPROVEMENTS ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES December 9, 2021 Justin Hildreth / Matt Pielsticker Town of Avon, Post Office Box 975, Avon, CO 81620 Email: jhildreth@avon.org / mpielsticker@avon.org / Phone: 970-748-4009 / 748-4045 RE: Harry A. Nottingham Park – East Park Improvements Fee Proposal Zehren and Associates, Inc. Project No: 2021.2859.01 Dear Justin and Matt, Thank you for the opportunity for Zehren and Associates to submit the attached fee proposal to continue to assist the Town of Avon with the design of the East Park Improvements at the Harry A. Nottingham Park (herein referenced as the ‘Park’). It is a privilege to have a strong professional relationship with the Town, and to continue to work together on improvements that enhance the quality of life for residents and guests. This fee proposal builds on the previously completed conceptual and schematic design stages of the East Park Improvements project. The next stages of work consist of design development, construction documents and bid process to prepare the project for construction. Therefore, the fee proposal includes a full team of interdisciplinary professional consultants and a coordinated scope of work structured to deliver the required professional services and deliverables. The team we have assembled is almost exclusively locally based with long-time collaborators of Zehren and Associates and the Town of Avon. The Scope of Work and professional fee proposal have been generated based on coordination meetings to review the approved design direction and discuss the next steps of the project with yourselves, the Town Manager, and other staff. The proposal is also based on interim reviews with the Planning and Zoning Commission and the Town Council to confirm the overall program and design direction for the improvements. Final design review with the Planning and Zoning Commission and with the Town Council is included in the proposed scope of work as part of the design development process. We have completed the scope of work under the current and initial contract for conceptual alternatives, community engagement and schematic design. The total fee of the first contract was $54,000. With the last invoice through November 30 our team expended $48,174, resulting in a $5,826 in savings to the Town. The work moving forward will be a new contract governed by the Town’s standard Professional Services Agreement. The schedule is to complete Construction Documents by April 1, 2022 and conduct a bid process to select a Contractor by May 30, 2022 and to start the project in the summer of 2022. Justin and Matt, thank you and the Town of Avon for your consideration in retaining our design services to continue to assist with the realization of this special project on the east side of Nottingham Park. Please feel free to call with any questions or concerns regarding this Work Release Proposal. Very Sincerely, Pedro Campos, PLA / Principal Zehren and Associates, Inc. ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES EXHIBIT ‘A’ Work Release for Professional Design Services Harry A. Nottingham Park – East Park Improvements December 9, 2021 Justin Hildreth / Matt Pielsticker Town of Avon, Post Office Box 975, Avon, CO 81620 Email: jhildreth@avon.org / mpielsticker@avon.org / Phone: 970-748-4009 / 748-4045 RE: Harry A. Nottingham Park – East Park Improvements Zehren and Associates, Inc. Project No: 2021.2859.01 Dear Justin and Matt, Thank you for the opportunity for Zehren and Associates to submit this fee proposal to continue to assist the Town of Avon with the design of the East Park Improvements at the Harry A. Nottingham Park (herein referenced as the ‘Park’). It is a privilege to have a strong professional relationship with the Town, and to continue to work together on improvements that enhance the quality of life for residents and guests. This fee proposal builds on the previously completed conceptual and schematic design stages of the East Park Improvements project. The next stages of work consist of design development, construction documents and bid process to prepare the project for construction. Therefore, the fee proposal includes a full team of interdisciplinary professional consultants and a coordinated scope of work structured to deliver the required professional services and deliverables The Scope of Work and professional fee proposal have been generated based on coordination meetings to review the approved design direction and discuss the next steps of the project with yourselves, the Town Manager, and other staff. The proposal is also based on interim reviews with the Planning and Zoning Commission and the Town Council to confirm the overall program and design direction for the improvements. SCOPE OF WORK The proposed scope of work for is for design development, construction documentation and the bid process stages of the project. Each stage of work and the resulting deliverables are summarized below: 1. Design Development (60% Level of Design) In Design Development the team will refine the Schematic Design into more detailed Design Development drawings (approximately 60% level of design). The design of the new building will advance significantly during Design Development and the required materials will be developed for the project to be estimated. Likewise, the design and layout of the new park areas and elements will evolve in design development with assignment of materials and finishes. Landscape Plan, Materials and Layout Plans, Grading and Drainage Plans, and Infrastructure and Utilities plans will be coordinated by the Landscape Architect and Civil Engineer. A detailed and itemized cost estimate will be prepared by a Pre-Construction consultant at this stage in the process to determine if the design fits within the project budget. The design development plans will be reviewed with staff for approval before moving forward into Construction Documents. ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES 2. Construction Documents (90% Level of Design) In the Construction Documents stage the team will further evolve the design development plans developed in the previous stage of the project and produce a construction level set of documents (approximately 90% level of design) to be used for bidding the project and to guide new construction of the East Park Improvements. The construction documents set will include complete and coordinated plans and details between all disciplines that are part of the project team. A second itemized opinion of probably costs will be prepared by the Pre-Construction consultant to continue to help establish the construction budget and to identify any areas where cost savings may be able to be achieved. If value-engineering is necessary, it will be accomplished prior to the Bid Process. 3. Bid and Contractor Selection Process In the Bid and Contractor Selection Process stage of work the project team will assist the Town of Avon with the public bidding of the project with the goal to retain the lowest qualified bidder to build and implement the project. The team will assist the Town with the preparation and issuance of bid documents including the bid advertisement, the bid schedule, bid evaluation tab, and the project manual. Select members of the team will attend a pre-proposal meeting and a bid opening, as well as a bid evaluation meeting to evaluate proposals and make a recommendation of a Contractor selection. Sub Tasks and Deliverables Following are Deliverable and sub-tasks that will be performed by the team in the completion of the scope of work and stages of work included in this fee proposal. The documents below will be issued at 60% and 90% level of completion, unless indicated differently. a) Final Design review with the Town’s Planning and Zoning Commission and Town Council. b) Architectural & Interiors: scaled and detailed exterior and interior elevations, floor plans, and details (inclusive of finish specifications, furniture, door swings, etc.) c) Civil: horizontal control, grading, drainage, utility plan(s) and details. d) Landscape: site plan, landscape planting plan, materials plan, layout plan, and details for the overall project area with enlargement of key areas if necessary. e) MEP: HVAC, electrical, plumbing, fire, alarm, data, and communications. f) Structural: framing and foundation plans and associated details. g) Irrigation Plan: detailed irrigation plans showing main line, laterals, valves and emitters. h) Compliance with applicable building, fire, occupancy, and accessibility codes, laws, and regulations. i) (2) Opinion of Probable Cost based on issuance of 60% and 90% documents. j) Value Engineering: perform one round of value-engineering revisions if necessary. k) Specifications and Supplemental Conditions and Instructions to Bidders for the Bid Process. l) Meetings and Coordination: participate in bi-monthly meetings with the Town and Project team representatives during the progress and delivery of work. SCHEDULE We are prepared to commence the proposed services immediately upon receipt of a signed contract or written communication to proceed. The project schedule is for Construction Documents to be completed no later than April 1, 2022 and the for the bid process to be completed no later than May 30, 2022. ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES FEE PROPOSAL The fee for the Scope of Work described above is as follows: Architecture $65,390 Interiors $ 5,940 Landscape Architecture $43,560 Civil Engineering: $39,300 Structural Engineering $10,650 MEP Engineering $23,140 Irrigation Design $ 4,500 Pre-Construction: $15,000 (allowance) Sub-Total: $207,480 Expenses $ 3,110 (1.5% of Sub-total) TOTAL $210,590 These fees are proposed to be billed based on the progress of completion of each Stage of Work with a lump sum fee by Stage. These fees include the costs for consultants listed and for reimbursable expenses. Additional work outside of the described Scope of Work and deliverables listed above will be performed as additional services only with pre-approval of the Town. A bill for our services and expenses will be sent on a monthly basis, and we ask that payment be made within 30 days of our billing. EXCLUSIONS • Construction Administration and Observation. • Permitting of Utilities under the Union Pacific Railroad right-of-way. • Artistic perspective renderings (available upon request). • Procurement of exterior furnishing / furniture (available upon request) • Field Surveying CONTRACT TERMS The terms governing this contract shall be in accordance with the Town of Avon’s Professional Services Agreement, to which this work release is part of as Exhibit ‘A’. ARCHITECTURE • PLANNING • LANDSCAPE • INTERIORS P.O. BOX 1976, Avon, CO 81620 • 970.949.0257 • www.zehren.com ZEHREN AND ASSOCIATES Justin and Matt, thank you for your consideration in retaining our design services for this special project. Please feel free to call with any questions or concerns regarding the Scope of Work and this Work Release Proposal. Otherwise, if the terms of this Proposal are acceptable to you, please indicate your agreement with the terms of the letter by countersigning below and returning a copy to us. Again, we very much appreciate the opportunity to submit this proposal to you and the Town of Avon for the East Park Improvements project. Sincerely, Pedro Campos, PLA / Principal Zehren and Associates, Inc. AGREED TO BY (print name) : TITLE/ ENTITY: SIGNATURE: DATE: AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 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 delayed the start time of the meeting by 15 minutes due to technical difficulties with the server that is needed to run the hybrid Zoom meeting format. She called the Council regular meeting to order at 5:15 p.m. A roll call was taken, and Council members present in person were Amy Phillips, Scott Prince, RJ Andrade, Chico Thuon, and Lindsay Hardy. Councilor Tamra Underwood was absent. Also present were Planning Director Matt Pielsticker, 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: 00:01:29 Part One There were no changes made to the agenda. Councilor Thuon moved to approve the agenda as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:47 Part One For agenda item 5.2, Work session on the East Harry A. Nottingham Park Improvements, Councilor Hardy disclosed that she works for Zehren and Associates. Mayor Smith Hymes said Council has voted on that before, therefore no motion to recuse Councilor Hardy is needed again tonight. 4. PUBLIC COMMENT Video Start Time: 00:02:09 Part One Mayor Smith Hymes explained to the public that comments in person will be taken first, then those via Zoom. She also explained how to participate via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes. No public comments were made. 5. BUSINESS ITEMS 5.1. JOINT WORK SESSION WITH PZC, MARIJUANA BUSINESSES (TOWN PLANNER DAVID MCWILLIAMS) Video Start Time: 00:03:34 Part One Planning and Zoning Committee Commissioners introduced themselves, and those present in person were Anthony Sekinger, Marty Golembiewsky, and Jared Barnes. Commissioner Steven Nusbaum was present virtually via Zoom. Town Planner David McWilliams presented a PPT presentation on the marijuana business and expressed that staff is soliciting direction which can include doing nothing, conducting further research, doing public outreach and/or proceeding with potential ballot measure(s) in 2022. Commissioner Golembiewsky said that not selling marijuana would be a loss in revenue for the town, but cultivation and location/signage should be considered. Commissioner Sekinger agreed and said that a few licenses could go a long way. Commissioner Barnes pointed out that people already see AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM the retail stores in Eagle-Vail as part of Avon so why not capitalize that revenue. Commissioner Nusbaum also agreed with all his fellow Commissioners’ comments and supports moving forward. Councilor Thuon agreed with Commissioner Golembiewsky’s comments on the revenue and signage. He talked about the cultivation and the smell and said that it needs to be regulated to be enforced. He is a proponent of doing it correctly, not rushing it. Mayor Pro Tem Phillips thanked the PZC Commissioners for their observations and said that staff needs to study the issue, consider rules and regulations and do community outreach Councilor Andrade is in favor with the retail, and he does not see signage as an issue, but his concern is the smell from cultivation. Councilor Prince said this would have been a great question to be added in the community survey. He supports community outreach. Councilor Hardy is in favor with the retail store and agreed with being thoughtful with the signage and green lights and having a few licenses. She said this should go to the ballot in 2022 and that she is in favor of moving forward. Mayor Smith Hymes expressed to absolutely cap it and suggested having only a couple of licenses, to study, do community outreach, not only to the public but also to businesses to get their input, and potentially go on the ballot in 2022. She said her concern is any sort of cultivation issue in terms of the water resources/treatment. Town Manager Eric Heil said more information will be presented after doing community outreach. He expressed cultivation is not workable for Avon. Mayor Smith Hymes called for public comments and no public comments were made. 5.2. WORK SESSION: EAST HARRY A. NOTTINGHAM PARK IMPROVEMENTS (PLANNING DIRECTOR MATT PIELSTICKER AND PEDRO CAMPOS, ZEHREN AND ASSOCIATES) Video Start Time: 00:32:30 Part One Councilor Hardy was recused and left the room at 5:48 p.m. Planning Director Matt Pielsticker presented. He was joined by Pedro Campos and Tim Losa from Zehren and Associates , who presented the design and graphics for the restrooms and concessions area . Mayor Pro Tem Phillips asked about existing trees, the garden, electrical boxes, ramp, and the grading. She supports the concessions stand. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Prince said he is generally not in favor of the concessions, that it seems to work just fine as it is now , and that it is not too big of an issue i f it is well managed, and it would be okay to set up the bones. He said he would probably leave it out and preserve the character of the park without the commercial nature. Councilor Andrade said he is in favor of the concession storage but not concession vending, and he also commented on the mural . Councilor Thuon is in favor, and he proposed Pedro Campos to give Council other ideas such as a cafeteria plan. Pedro Campos said this area woul d be multiuse, not only serve as concessions but also, for example, as a check -in/registration area for tournaments, etc. Councilor Thuon reminded to keep in mind to utilize the hot water that is available just across the street via the Heat Recovery System. Mayor Smith Hymes said she wants to keep the overhangs for architectural visuals and to provide shade and she also commented on the pathways. Councilor Prince strongly supports having a larger overhang than the current one by the concessions area. Mayor Smith Hymes called for public comments and no public comments were made. Town Manager Eric Heil recapped: 3 Councilors favored adding concessions, 1 was not opinionated, and 1 was opposed, therefore, moving forward with the concession s, and to increase the overhang. Councilor Prince asked him to reach out to Councilor Underwood to get her opinion. Councilor Hardy returned to the room at 6:31 p.m. 5.3. WORK SESSION: WILDRIDGE OFF HIGHWAY VEHICLE (OHV) ORDINANCE FOLLOW UP (CHIEF OF POLICE GREG DALY) Video Start Time: 01:15:04 Part One Chief Daly presented and recapped his memo on OHV use on public roads in Wildridge this summer since the ordinance was passed in June 2021. He then opened it up to Council questions. Councilor Andrade asked if any injuries were reported. Chief Daly said no accidents were reported . Mayor Smith Hymes called for public comments and several comments were made. Comments made in-person: -Charlie Sherwood commented about covenants, definitions and who enforces those. He also talked about parking. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM -Craig Lathram commented that he supports OHV and said it is working pretty well but expressed the 15MPH speed limit is an issue. He said he got passed by an e-biker up the hill which does not help with safety. -Dave Dantas commented he supports OHV and said it is working well. He agreed with comments about speed limit and parking. He thanked Council for looking at it. -Rick Smith commented that the Chief's report is spot on and said there is no increase in traffic and the ordinance is working, but said his only concern is the 15MPH speed limit. -Charley Viola complimented Council and commented that he supports OHV. He said it is a huge improvement to keep peace in the neighborhood. He said OHV users are making others aware of the privilege of riding from your house and to behave and be nice to your neighbors. He said it is working and people are slowing down and it has been a great change in the rules. -Patricia Plavec agreed with the support. She said people are not speeding, but people may assume they are as the vehicles tend to be loud. She said not a lot has changed but people are aware and keeping each other responsible to keep the privilege. -Sean Reynolds commented that he echoes all the comments and said everyone cares and goes slow to keep this going and said the Town did the right thing with this ordinance. Comments made via Zoom: -Peter Warren commented about road violence. He voiced concerns about traffic safety in general including but not limited to OHV. He said he has witnessed violations and heard others witness violations. He invited Council to come to his house and observe the speeding from his house. He expressed how he wants to see results and that we can do better. Mayor Smith Hymes said that she does not sense that there is a consensus from Council to change/reverse the ordinance. Councilor Prince expressed how he and his wife have noticed a shift in complying with speed limits, except for an occasional violator. He said passing the ordinance worked and most people are not speeding up or down as they know they can do it legally. He supports leaving the ordinance as it is and raising the 15 MPH limit to keep up with the speed limit for other vehicles for the benefits of public safety. Mayor Pro Tem Phillips asked Chief Daly to look into the speed limit to be more consistent with other vehicles. She said there are other areas in town where the speed limit is an issue, such as on Hurd Lane and Eaglebend Drive. Councilor Thuon believes keeping the speed limits consistent at 25MPH makes sense. Council consensus was that this ordinance was passed for public safety and staff should assess the best speed limit for safety. Mayor Smith Hymes said that staff and Chief Daly can decide if the speed limit needs to be brought back to Council. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 5.4. WORK SESSION: METCALF FOREST SERVICE ROAD (FSR) #779 HEAVY MAINTENANCE SUPPORT GRANT (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:49:24 Part One Planning Director Matt Pielsticker presented the grant application and explained that the draft grant application is included in the Council packet. He thanked General Government Intern Emily Myler for putting this all together. He said the proposed maintenance would be maintenance to preserve the st atus quo as a level 2 road. Councilor Thuon said two of the largest diminishing sports are hunting and fishing and that it is very important to keep some of the roads open, and this is one access point. He said keeping it open on level 2 would be perfec t. Councilor Hardy and Councilor Prince also expressed that they support the grant and agreed on keeping it on level 2 . Mayor Smith Hymes expressed how she supports the grant but hopes the trail coalition can address the road/social trails that have developed over time. She asked that the grant be rewritten to specify that access to public lands is for everyone, not just W ildridge residents. She hopes Cou ncil will entertain a few parking spaces at the trailhead for a few cars. Mayor Pro Tem Phillips and Councilor Prince agreed to rewrite the grant to be inclusive. Mayor Smith Hymes called for public comments and several comments were made. Comments made i n-person: -Charlie Sherwood commented and asked Council to proceed and do the work now in order to get the money soon. He said the road as it looks on level 2 is going to be maintainable and that the users are already doing tree cutting dow n, so it is not going to be expensive. -Rick Smith commented that this is a gold standard on how government can work with local non-profits together and wishes the Federal government would take a look at how this was done. Comments made via Zoom: -Jack Gardner commented that Council needs to consider the info rmation from the community survey conducted in 2020 about support for motorized use on Road 779 and address these issues in the grant application. He said that the budget seems susp ect and questioned if the County is really going to contribute $10 ,000. -Pam Warren commented and encouraged the W ildridge Trail Coalition to apply through the Town's grant application and asked what message would the Town send to other non -profits if it allow s one group to receive funding that circumvents the established process. She recommended to just follow the process. More in-person comments followed: -Craig Lathram commented that the road helps with safety concerns as the road is also a way to get down and that the 43% references in the community survey is the total of "no opinion or do not support" looped together as one answer so the question was not specific. He expressed AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM this road also supports mountain bikers, hikers, and other recreation users. -Dave Dantas commented that the Town has supported keeping this trail open since 2011 or so. He talked about the "dead zone" and this grant helps get the road maintenance needed to keep it open for fire mitigation access. -Charley Viola commented and expressed how this grant will help to not only keep this road open but also help with safety and maintenance . He said the bid is a well vetted number as the contractor has done a lot of work for the USFS. Councilor Thuon expressed that as a family this is a surreal place. Councilor Prince moved to approve the Colorado Parks and Wildlife OHV Grant application and budget. Councilor Hardy seconded th e motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 5.5. PUBLIC HEARING: P ROPOSED 2022 BUDGET (TOWN MANAGER ERIC HEIL) Video Start Time: 00:00:01 Part Two Town Manager Eric Heil presented this item and the two budget items for follow up , first the public works facility planning and second the four snowplow purchase options. Councilor Hardy asked if there are any green options , Town Manager Eric Heil said he has not seen any green technology on these large pieces of equipment yet. She also asked if any money can be recovered from selling or scrapping the old oneswhich he responded yes to, and he said it is part of the balancing that they get sold before they get too old to get a better price. Mayor Smith Hymes support ed option 3 (lease -purchase financing). Councilor Hardy support ed option 1 (cash outright ) and said to not spend money we do not have. Councilor Andrade also supported option 1 and said to go the safe way. Councilor Prince said he is an advocate for future Councilors and requested staff to always present multiple options and all sides in order to take a decision. Mayor Smith Hymes called for public comments and no public comments were made. Council consensus was to go for option 1 and Council can always revert to option 3 if interest rates are attractive or the future economic climate is different. 5.7. RESOLUTION NO . 21-23 APPROVING TAX AND FEE WAIVERS FOR COMMUNITY HOUSING DEVELOPMENT ON TRACT Y (TOWN MANAGER ERIC HEIL ) Video Start Time: 00:23:22 Part Two Mayor Smith Hymes switched the order for items 5.6 and 5.7 to give the opportunity to the public present to comment. Town Manager Eric Heil introduced the topic and explained Resolution 21 -23 would approve a waiver of taxes and fees for the development of Community Housing on Tract Y. He was joined by the three developers with the Legacy Mountain Development group, who presented graphics AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM and explained the deed restriction waivers . Councilor Thuon asked if the owner does or does not have to live in Eagle County and he said his concern is that there is no cap for rental. Councilor Hardy said she is in favor but expressed her concern about outsiders taking advantage of what insiders need. Town Manager Eric Heil said the language for the Eagle County Employee in the agreement was already discussed when the Mi Casa program wa s discussed, to read “OR a person who works for an employer outside Eagle County if that person can demonstrate that the Home is the Primary Residence for that person.” Councilor Hardy said that that is exactly her concern. Mayor Smith Hymes said the Town is not looking only for housing, but for affordable options. Councilor Prince said the Mi Casa program helps the very first buyers and not repeated buyers. He said the Town needs to think in different options such a down payment assistance, second mortgage, or similar programs. After a lengthy Council discussion including whether Mi Casa Avon is the right program on this project that is already deed restricted , Council a sked for more time to think this over, consult with the Town of Vail and Eagle County to inquire about their investment in this project and consult with Councilor Underwood who could not be here this evening. Mayor Smith Hymes said the intention is to move forward but Council needs to agree with all the details to do it right. Mayor Pro Tem Phillips moved to continue Resolution 21-23 Waiving Real Estate Transfer Tax, Sales Tax, Development Code Fees, and Building Permit Fees for the Development of Community Housing on 382 Metcalf Road to the December 14 th meeting. Councilor Hardy seconded th e motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 5.6. WORK SESSION: UPDATE AND REVIEW OF CAPITAL IMPROVEMENTS PROJECTS (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 01:19:30 Part Two Town Engineer Justin Hildreth provided an update on CIP projects including the Recreation Center pools, jacuzzi and lockers, the Harry A. Nottingham West Landscape Improvements Project, the courts resurfacing project, the North restrooms, the old T own Hall, the street improvements including the I -70 underpass, and the digital messaging signs. Councilor Prince asked why the pool deck and the drain replacement w ere not under the radar at the time the pool was closed in October. Town Engineer Justin Hildreth explained it is a very complex project and an architect was still not on board in the project and needed to prese nt all details to Council first as it is an expensive project. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Thuon thanked Town Engineer Justin Hildreth for filling in the manhole cover on Metcalf Road today. 6. MINUTES 6.1. APPROVAL OF NOVEMBER 9, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 01:33:25 Part Two Councilor Thuon moved to approve the minutes from the November 9th regular meeting as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 7. WRITTEN REPORTS 7.1. Draft October 21st Culture, Arts & Special Events Committee Meeting Minutes (General Government Intern Emily Myler) 7.2. Upper Eagle Regional Water Authority October 28, 2021 Meeting Summary (Mayor Smith Hymes) 7.3. Update on Inntopia Systems Service Agreement (CASE Manager Danita Dempsey) 7.4. Lot B Hotel Development Plan Expiration (Planning Director Matt Pielsticker) 7.5. Monthly Financials (Senior Accountant Joel McCracken) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:33:44 Part Two Councilor Hardy expressed the bridge between Liftview and Sunridge has a lot of ice damming and is very unsafe, she said there were cars splashing pedestrians and that the mini culvert was clogged with leaves, and she would like Council to address this on a future agenda as it is very trafficked, and it is a hazard. She said the architects working on the Swift Gulch planning process are doing great job and expressed it is very exciting to see the potential. She mentioned that the Town Manager Eric Heil is doing also a great job facilitating and navigating the process. Mayor Pro Tem Phillips commented that the light fixtures on the Stone Bridge Road bridge are all burned out. Town Manager Eric Heil confirmed they got vandalized years ago and they have not been fixed yet. Councilor Andrade said he has had residents complaining on the size of the print on the digital signs, saying they do not feel safe trying to read the sign while driving. He suggested to keep the messages within two lines. Councilor Hardy agreed and said she has mentioned before to lower the brightness at night. Councilor Thuon said to pray for snow as Beaver Creek is opening November 24 th. He announced that free vaccines and boosters are available in front of the Sun & Ski store, and they are accepting walk-ins for sure on Saturdays, and people can also get the flu shot the same day. Mayor Smith Hymes commented that Lt. Governor Dianne Primavera came out to Avon today to talk about Mental Health in Eagle County. She said she met with Chief Daly before the meeting and expressed that the list of things that Avon PD, under the leadership of Chief Daly does to assist with behavioral health in our community is very remarkable, and that our Town is taking the lead and we are so fortunate AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM to have our Avon Police Department. She learned that there is a lot of grant money available as this is a huge issue. She closed her comments complimenting Chief Daly. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:25 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade _______________________________________________________________________________ 1 AVON PLANNING AND ZONING COMMISSION MEETING ABSTRACT FOR TUESDAY, DECEMBER 7, 2021 1. CALL TO ORDER AND ROLL CALL THE MEETING WAS CALLED TO ORDER AT 5:02 BY CHAIRPERSON BARNES. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE STEVE NUSBAUM, JARED BARNES, DONNA LANG, AND ANTHONY SEKINGER. ALSO PRESENT WAS MATT PIELSTICKER, PLANNING DIRECTOR. 2. APPROVAL OF AGENDA COMMISSIONER NUSBAUM MOTIONED TO APPROVED THE AGENDA. THE MOTION PASSED UNANIMOUSLY. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS NO CONFLICTS OF INTEREST WERE NOTED. 4. BUSINESS ITEMS 4.1. MCGRADY ACRES ENCLAVE / MAJOR DEVELOPMENT PLAN / 86 & 95 POST BOULEVARD - PUBLIC HEARING – DEVELOPMENT REVIEW OF TWENTY -FOUR (24) UNIT TOWNHOME DEVELOPMENT WITH PRIVATE INTERNAL ACCESS ROADS (PLANNING DIRECTOR MATT PIELSTICKER). PUBLIC COMMENTS : BUZ DIDIER AND KEDAR GURJAR COMMENTED ON THE APPLICATION. ACTION: COMMISSIONER NUSBAUM MOTIONED TO CONTINUE THE FILE TO THE DECEMBER 21, 2021 REGULAR MEETING ; SECONDED BY COMMISSIONER LANG. THE MOTION PASSED UNANIMOUSLY WITH 4- 0 VOTE. 4.2. MCGRADY ACRES ENCLAVE / PRELIMINARY SUBDIVISION (MAJOR ) / 86 & 95 POST BOULEVARD– PUBLIC HEARING –PRELIMINARY SUBDIVISION REVIEW AND RECOMMENDATION TO TOWN COUNCIL (P LANNING DIRECTOR MATT PIELSTICKER ). PUBLIC COMMENTS : KEDAR GURJAR COMMENTED ON THE APPLICATION . ACTION: C OMMISSIONER SEKINGER MOTIONED TO CONTINUE THE FILE TO THE DECEMBER 21, 2021 REGULAR MEETING; SECONDED BY COMMISSIONER NUSBAUM. THE MOTION PASSED UNANIMOUSLY WITH 4 -0 VOTE. 4.3. 2022 REGULAR MEETING SCHEDULE - REVIEW AND APPROVE 2022 MEETING SCHEDULE (PLANNING DIRECTOR MATT PIELSTICKER ) ACTION: COMMISSIONER BARNES MOTI ONED TO APPROVE THE 2022 MEETING SCHEDULE; SECONDED BY COMMISSION ER NUSBAUM. ALL COMMISSIONERS WERE IN FAVOR THE MOTION PASSED UNANIMOUSLY WITH 4-0 VOTE. 5. CONSENT AGENDA 5.1. APPROVAL OF MINUTES FROM OCTOBER 5, 2021 PZC MEETING 5.2. APPROVAL OF RECORD OF DECISION FOR 2841 DRAW SPUR, UNIT 3 FENCE / MNR21034 & AEC21007 5.3. APPROVAL OF RECORD OF DECISION FOR COMMUNITY HOUSING PLAN AMENDMENTS / CPA21001 _______________________________________________________________________________ 2 ACTION: C OMMISSIONER BARNES MOTI ONED FOR A CONTINUANCE OF THE CONSENT AGENDA DUE TO A LACK OF QUORUM FOR RELATED MATTERS; SECONDED BY COMMISSIONER S EKINGER. ALL COMMISSIONERS WERE IN FAVOR THE MOTION PASSED UNA NIMOUSLY WITH 4-0 VOTE. 6. STAFF UPDATES - VILLAGE AT AVON DUAL BRAND HOTEL UPDATES - P LANNER P OSITIONS WITH TOWN 7. ADJOURN THE MEETING WAS ADJOURNED AT APPROXIMATELY 7:12PM. These meeting notes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office. RESPECTFULLY SUBMITTED: Matt Pielsticker, Planning Director HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 16, 2021 TOWN HALL COUNCIL CHAMBERS HEALTH AND RECREATION COMMITTEE MEETING MINUTES, NOVEMBER 16, 2021 PAGE 1 | 3 1. ROLL CALL Present- Committee Members: Chairperson Tom Kiddoo, Vice Chair Pat Nolan and Members Pam Warren and Kathy Ryan (via phone). Staff: Interim Recreation Director Michael Labagh, Recreation Services Superintendent Jerrica Miller, Aquatics Superintendent Casey Carmichael, General Government Manager Ineke de Jong and General Government Intern Emily Myler. Absent- Town Council: Councilors Scott Prince and Lindsay Hardy and Mayor Sarah Smith Hymes. Committee Chair Tom Kiddoo opened the meeting at 10:02 a.m. 2. APPROVAL OF THE AGENDA Committee Chair Tom Kiddoo made a motion to approve the agenda for the November 16 meeting. Committee vice chair Pat Nolan seconded the motion and Kiddoo declared the agenda approved. 3. APPROVAL OF THE July 20, 2021 MEETING MINUTES Committee Chair Tom Kiddoo made a motion to approve the minutes from September 14. Committee Vice-Chair Pat Nolan seconded the motion and Kiddoo declared the minutes approved. 4. PUBLIC COMMENT No public comments were made. 5. BUSINESS ITEMS Recreation Staffing Interim Recreation Director Michael Labagh said the Recreation Center is now fully staffed for full time employees and introduced the two new superintendents present at the meeting. The Center still needs more part time staff. They recently launched a new online platform to make reservations, buy memberships, check in and other customer services. The new website is a huge upgrade from the previous one which was outdated and didn’t offer the various services needed. Avon Recreation is working with Vail Recreation and Mountain Recreation to give access to county-wide recreation in one place. The site can collect and portray data trends and will eventually allow users to submit feedback as well. It can fully embed into the Town’s website, Avon.org. There are sales coming up for memberships and punch cards which will be on the website. The Committee commented/inquired: A. How is staffing for classes? B. It’s important to continue to offer lots of classes because they’re very popular and offer a valuable social opportunity C. The Recreation Center should do whatever it can to attract good staff D. Will senior and adult programs be separate on the site? E. The site looks really good. It’s great that the Recreation Center is getting to upgrade Interim Recreation Director Labagh said he has had to cancel a few fitness classes due to lack of staff. The Recreation Center is working hard to hire more staff as quickly as possible. Current staff has the opportunity to train in different skills in order to take on additional responsibilities. For now, senior programs are under the adult tab, but it may make sense to separate them out as the site becomes more popular. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 16, 2021 TOWN HALL COUNCIL CHAMBERS HEALTH AND RECREATION COMMITTEE MEETING MINUTES, NOVEMBER 16, 2021 PAGE 2 | 3 Recreation Center Renovations Interim Recreation Director Labagh updated the Committee on the renovations at the Recreation Center. The locker rooms are nearly done, just waiting on a few finishing details and change orders. The pool replastering went well. The hot tub is more difficult as the initial excavation was unsuccessful at locating the leak. More issues were discovered, and the project has become larger than expected. The hot tub should reopen in a few weeks. The old lockers will be recycled to various other places soon. The Committee commented/inquired: A. It’s nice that the shower and toilet stall doors close all the way now B. Is there handicap accessibility to get into the women’s locker room C. Is the kitchen almost done? D. Are there any new cleaning protocols that would help people feel more comfortable using amenities like the steam room during COVID-19? E. Compliments on finishing the project mostly on time Interim Recreation Director Labagh said there haven’t been any updates to accessibility, but it is something to consider moving forward in the project or added to the list for next year. The kitchen is close, but cabinets have been slow to arrive. They should be here soon and the project can be completed. Access to the new kitchen, as well as meeting room rentals, birthday parties and picnic shelter rentals are all on the new website. The Recreation Staff and contracted cleaning company have been diligent about cleaning the spaces, and will advertise their protocols as people move their recreation inside for the winter. Tennis and Pickleball Court Resurfacing Interim Recreation Director Labagh said the pickleball survey is complete and provided feedback on how to resurface the tennis courts for tennis and pickleball players. The most popular choice was to put six pickleball courts and two tennis courts in the space. His goal is to obtain more feedback from the Committee and make a decision on which option to recommend to Town Council based on survey results. The Committee commented/inquired: A. Is there fencing between the pickleball and tennis courts? B. Does the surface material need to change for pickleball users? C. It makes sense to adhere to the majority of survey responses and select option three D. More people can play pickleball than tennis E. What is the timeline? Interim Recreation Director Labagh said there is a fence between the courts. The surface can be the same across the pad for both tennis and pickleball. The concrete pad will be expanded a few feet towards Nottingham Lake to give the courts more space. He has some concern that the survey was disproportionately used by pickleball users, but he doesn’t think the hybrid court is a good option. He asked if everyone agreed to recommend option three and the Committee members all responded yes. The courts will be open for a short period in the spring and then closed most of the summer since the construction has to happen in good weather. Recreation Survey Interim Recreation Director Labagh said there is budgeting for long-range planning in 2022 for updates to the campus of recreation in and surrounding the Recreation Center. Right now there are plans to do a longer survey for Recreation Center patrons and people who participate in general recreation in the valley. He asked the Committee what information the survey should gather. He also showed the answers to the recreation questions on the 2021 Community Survey, many of which were addressed during the recent renovations. He’s excited to gather new ideas and find out what’s within the realm of possibilities. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 16, 2021 TOWN HALL COUNCIL CHAMBERS HEALTH AND RECREATION COMMITTEE MEETING MINUTES, NOVEMBER 16, 2021 PAGE 3 | 3 The Committee commented/inquired: A. Other recreation departments in the valley attempted to merge in 2021 in a ballot measure which didn’t pass. What did those who worked on that learn about county-wide collaboration that Avon can benefit from? B. The survey should help people prioritize projects rather than allowing them to come up with whatever project they want C. Parking is going to be a huge barrier to any growth projects across town D. What are the measures of success? Committee Member Pat Nolan left the meeting at 10:58 a.m. Interim Recreation Director Labagh said the voters didn’t seem to approve of the expense of that project and are generally happy with the current offerings. He agreed that in past feedback gathering there were too many options and no research on what would be feasible. He will bring a second draft of survey questions in the Committee’s January meeting and aim to have the survey live in February or March. His number one metric for success is supporting the staff he already has through creating efficient and sustainable best practices. Second is the connection the community has with the Recreation Center and meeting its needs. 2022 Committee Meeting Schedule Interim Recreation Director Labagh showed the Committee the tentative dates for meetings in 2022 and asked if there were any initial concerns. He asked what time would work best and the Committee members responded that 10:00 a.m. works for them. He asked members to let him know if any issues arise that would require amending the schedule. 6. ADJOURNMENT Committee Chair Kiddoo motioned to adjourn the meeting and Committee Member Pam Warren seconded the motion. Committee Chair Tom Kiddoo declared the meeting adjourned at 11:11 a.m. Respectfully Submitted by Emily Myler General Government Intern 970-748-4019 jmccracken@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Joel McCracken, Senior Accountant RE: Financial Report October and November 2021 Revenues DATE: December 6th, 2021 SUMMARY: The content of this report will reflect the revenues for sales, accommodations, tobacco and cigarette tax for the period of October 2021. Further, revenues for real estate transfer tax for the period of November 2021 will be reported upon. Recreation recently implemented a new POS system which caused a lag and November 2021 revenues will be reported on in January. 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 October and November 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. ANALYSIS: Sales Tax Revenues – October 2021 October 2021: October sales tax revenues totaled $747,175. This is an increase of $136,103 or 22.27% compared to October 2020 sales tax revenue of $611,072. OCTOBER 2020 v OCTOBER 2021, SALES TAX COMPARISON BY INDUSTRY October 2020 October 2021 Increase/Decrease Home/Garden $109,398.94 $92,466.76 ($16,932.18) Grocery/Specialty/Health $163,868.27 $155,632.52 ($8,235.75) Sporting Goods Retail/Rental $29,102.05 $41,118.11 $12,016.06 Miscellaneous Retail $20,618.13 $27,694.38 $7,076.25 Accommodations $57,187.36 $143,157.02 $85,969.66 Restaurants/Bars $98,161.87 $142,885.10 $44,723.23 Other $3,900.83 $7,368.70 $3,467.87 Service Related $22,142.53 $22,497.65 $355.12 Liquor Stores $24,379.71 $20,824.92 ($3,554.79) E-Commerce Retail $36,623.56 $38,672.54 $2,048.98 Manufacturing/Wholesale $10,964.64 $10,109.88 ($854.76) Construction Related Services $27,632.14 $35,810.72 $8,178.58 Page 2 of 7 Digital Media Suppliers/Sellers $5,522.82 $7,811.26 $2,288.44 Commercial/Industrial Equipment $1,172.58 $1,120.62 ($51.96) Special Events $396.08 $4.94 ($391.14) TOTAL $611,071.51 $747,175.12 $136,103.61 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. October 2021 Proposed Budget v Actual Collections: October 2021 sales tax revenues totaled $747,175. This is an increase of $159,448 over the proposed October 2021 estimates of $587,727. This is 27.13% over the 2021 proposed budget, which is calculated based on a 5-year average. OCTOBER 2020 v OCTOBER 2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - SALES TAX 2021 Budget 2021 Actual Dollar Variance Percentage Variance Sales Tax 587,726.55 $747,175.12 $159,448.57 27.13% 458,645.68 490,977.90 445,742.30 611,071.51 747,175.12 7.05% -9.21% 37.09% 22.27% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 2017 2018 2019 2020 2021 2017 -2021 October Sales Tax Revenue Trend Page 3 of 7 Accommodation Tax Revenues – October 2021 October 2021: Accommodation tax revenues totaled $154,516 for the month of October. This is an increase of $97,837 or 172.62 % compared to October 2020 accommodation tax revenues, which totaled $56,679. Accommodation tax collections by industry type for October 2021 compared to October 2020 reported an increase for Vacation Rentals, Time Shares and Hotels. OCTOBER 2020 v OCTOBER 2021 ACCOMMODATION TAX COMPARISON BY INDUSTRY October 2020 October 2021 Increase/(Decrease) Timeshares $16,791.10 $23,278.12 $6,487.02 Hotels $34,799.57 $48,213.02 $13,413.45 Vacation Rentals $5,088.48 $83,024.91 $77,936.43 TOTAL $56,679.15 $154,516.05 $97,836.90 October 2021 Proposed Budget v Actual Collections: October 2021 accommodation tax revenues totaled $154,516. This is an increase of $97,958 over the proposed October 2021 estimates of $56,557. This is 173.20% over the 2021 proposed budget. 2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2021 Budget 2021 Actual Dollar Variance Percentage Variance Acc. Tax $56,557.73 $154,516.05 $97,958.32 173.20% Page 4 of 7 Tobacco & Cigarette Tax Revenues – October 2021 October 2021: Tobacco tax revenues totaled $21,262 and cigarette tax revenues totaled $20,685 for October 2021. Compared to October 2020 revenues, this is an increase of $2,967 for tobacco tax revenues, which totaled $18,295 and a decrease of $1,378 for cigarette tax revenues, which totaled $22,063. 48,223 53,237 45,781 56,679 154,516 10.40% -14.01% 23.80% 172.62% $30,000 $80,000 $130,000 $180,000 2017 2018 2019 2020 2021 2017-2021 October Accommodation Tax Revenue Trend 15,297 22,063 20,685 44.23% -6.25% - 5,000 10,000 15,000 20,000 25,000 2019 2020 2021 2019-2021 October Cigarette Excise Tax Revenue Trend Page 5 of 7 October 2021 Proposed Budget v Actual Collections: October 2021 tobacco and cigarette tax revenues totaled $21,262 and $20,685, respectively. This is an increase of $4,949 over the proposed October 2021 budget for tobacco tax, which is $16,313 and a decrease of $125 over for the proposed October 2021 budget for cigarette tax estimates, which is $20,810 which is based on a 5-year average. 2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2021 Budget 2021 Actual Dollar Variance Percentage Variance Tobacco $16,313.65 $21,262.24 $4,948.59 30.33% Cigarettes $20,809.69 $20,684.76 ($124.93) -0.60% $4,823.66 NOTE: Walgreens has a pricing and point of sale issues resulting in removing cigarettes and tobacco from their shelves. 8,459 18,295 21,262 116.29% 16.22% - 5,000 10,000 15,000 20,000 25,000 2019 2020 2021 2019-2021 October Tobacco Tax Revenue Trend Page 6 of 7 Real Estate Transfer Tax Revenues – November 2021 November 2021 November 2021 Real estate transfer tax totaled $1,049,676. Compared to November 2020, which totaled $461,399, this is an increase of $588,277. Recreation Center Revenues – November 2021 Admissions & Program Fees November 2021: Recreation Center Revenues for November 2021 will be reported in January due to the implementation of their new software. $425,403 $211,819 $570,245 $461,399 $1,049,676 -50.21% 169.21% -19.09% 127.50% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 2017 2018 2019 2020 2021 Real Estate Transfer Tax October 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 McCracken 2020 v 2021 Year-to-Date Revenue Comparison 2020 YTD 2021 YTD Dollar Variance Percentage Variance Sales Tax $6,998,949.38 $8,992,913.71 $1,993,964.33 28.49% Acc. Tax $972,752.26 $1,683,641.69 $710,889.43 73.08% Tobacco Tax $170,043.17 $246,775.07 $76,711.90 45.11% Cigarette Tax $215,940.81 $216,257.76 $316.95 0.15% RETT $4,086,991.41 $6,050,904.93 $1,963,913.52 48.05% Rec Admissions Rec Program Fees 2021 Revenue Comparison – Budget v Actual 2021 YTD Budget 2021 YTD Dollar Variance Percentage Variance Sales Tax $8,046,616.33 $8,992,913.71 $946,297.38 11.76% Acc. Tax $1,228,047.43 $1,683,641.69 $455,594.26 37.10% Tobacco Tax $174,217.56 $246,775.07 $72,537.51 41.64% Cigarette Tax $212,937.53 $216,257.76 $3,320.23 1.56% RETT $2,623,510.63 $6,050,904.93 $3,427,394.30 130.64% Rec Admissions Rec Program Fees     MEMORANDUM TO: Board of Directors FROM: Beth Doliboa, District Administrator DATE: December 6, 2021 RE: Summary of Authority’s November 18, 2021, Board Meeting The following is a summary of items discussed at the November 18, 2021, Authority Board Meeting. Board members present and acting were Chair George Gregory, Vice-Chair Sarah Smith Hymes, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Pam Elsner and Mick Woodworth. FY 2022 Budget and Rates Public hearings were held to discuss the proposed 2022 budget and the 2022 rates; no public comment was received during either public hearing. The board unanimously approved the budget and related resolutions to appropriate sums of money. They also unanimously adopted the 2022 rates. 2022 Ops Agreement The board approved the 2022 Authority Operations Agreement with the Eagle River Water and Sanitation District, which included updated rates and fees per the 2022 ERWSD budget. Avon Town Hall Update Sarah Smith Hymes reported the old Avon Town Hall was demolished. In the spring, the garden will be xeriscaped and serve as a demonstration of efficient irrigation practices for the community. The board thanked the Town of Avon for dedicating this space to the important topic of water conservation. West End Development Jason Cowles discussed the request of a conditional capacity to serve letter for the West End Development. He noted that the project’s water augmentation needs fall within the Authority’s existing water service commitment and will have no impact on the Authority’s projected unallocated water supply. General Counsel Updates Jim Collins updated the board on the restructure of his firm and the board approved the new letter of engagement, which will be effective Jan.1. REGULAR MEETING MINUTES ECRTA BOARD MEETING November 10, 2021 Eagle County Room 500 Broadway Eagle, CO 81631 Virtually via Google meets Authority Members Present Avon - Amy Phillips Beaver Creek - Jennifer Brown Eagle County - Jeanne McQueeney Gypsum - Jeremy Rietmann Red Cliff - Dana Veljacic Eagle - Ellen Bodenheimer Authority Members Absent Vail - Brian Stockmar Minturn - Tom Sullivan Guests Bill Ray (Consultant for the RTA formation) Ms. Brown called the meeting to order at 12:05 P.M 1. Roll Call All members were present with the exception of Brian Stockmar and Tom Sullivan. 2. Additions to the Agenda None 3. Approval of August 11, 2021 special meeting minutes Ms. Brown moved to approve the minutes. Motion carried unanimously. 4. Public Comments None 5. Discussion and Action Items ●Operational/COVID Updates (Information) Ms. Allen gave a winter update and stated that the ridership during the third quarter has increased, getting close to 2019 levels. She said that the expectation is for ridership to continue to increase during the winter season. Ms. Allen explained that the Winter season is set to start on November 28th with some staffing challenges. The operations team is currently looking for 7 new drivers. Regarding COVID updates, Ms. Allen said 85% of staff members have 2 doses of the COVID vaccine and they are starting to get the booster shots as well. Face coverings are still required and she does not anticipate this will change any time soon. About new services during the Winter season, Ms. Allen explained ECO Transit will increase services in Minturn with connections to Red Cliff three times per day. The Vail-Beaver Creek Express shuttle has additional morning and afternoon trips with a reduced fare of $4 per ride. We anticipate increased ridership on this route. Ms. Brown asked if the increased ridership was something happening locally or nationally. Ms. Allen replied that it varies a lot, but the ridership ECO Transit is experiencing is consistent with other local agencies like RFTA. Mr. Rietman asked if ECO is still planning on doing the Eagle/Gypsum circulator with all the staff challenges? Ms. Allen answered that the expectation is to start service during the Summer season hoping that some of the seasonal drivers will stay and work year-round. Ms. Brown asked if starting the circulator service earlier would be possible if adequate staffing was available? Ms. Allen answered that April will be the earliest the service will start and Mr. Wetzel added that another factor is that new buses are required for this route. ●Review of 2022 Meeting Dates (Action) Ms. Brown moved to approve the 2022 meeting dates. Mr. Rietman seconded and motion was carried unanimously. ●RTA Discussion Update (Information) Mr. Ray, consultant for the RTA formation, gave an update on his recent work. Mr. Ray explained that the RTA process allows for regional collaboration between county, local governments, businesses and nonprofits. He stated that the next steps needed over the next year will be the formation of committees to represent the different towns and metro districts. He said the goal was to craft an agreement that will gain broad acceptance from the community, with the first step of this process being approval of the MOU (Memorandum of Understanding). This has already been approved by the county and other towns and metro districts. He said that this process will include multiple points of engagement with the community such as open meetings, regular updates to BoCC, and the creation of a website with all RTA materials available. Mr. Ray also said that some of the planning goals were to enhance transit services and increase ridership, to explore administrative and operational efficiencies, and to have the ability to expand in the future to include areas like Leadville and Lake County. He elaborated that specific transit enhancements will be explored such as: improvements to frequency and pricing for ECO routes; free and frequent transit between Vail and Beaver Creek; the establishment of the Eagle/Gypsum route; climate action goals including electric buses; and, the support for air services at EGE. Mr. Ray showed that some of the short-term tasks were: to create an employee survey that will go out to local employees to assess different transportation needs; to work on the RTA borders and potential funding sources; and, a RFP for legal counseling and planning of community engagement. He showed that the long-term tasks were the creation of intergovernmental agreements and the different definitions of services such as regional transit, local services and air support. Ms. Veljacic asked what the timeframe was for the process to be completed. Mr. Ray answered that in order to have this in the 2022 ballot for voters to approve the formation of the RTA and any tax or bonding for the RTA, it has to be forwarded to ballot by the end of August 2022. Ms. Brown emphasized that the group of people working on this process have been really pushing it forward and all of the collaboration between government, transit agencies and different towns have been very strong. Commissioner McQueeney asked if there will be some type of process to know if 2022 will be the right year to have this in the ballot. Mr. Ray answered explaining the different types of surveys that were involved in the RFTA formation and said that this data is what helps to answer this type of questions. Mr. Barnes asked who ultimately makes the decision to forward the ballot question. Mr. Ray said that it will be the members of the formation committee. Commissioner McQueeney said that Mr. Blankenship from RFTA is willing to give an insight on the formation of an RTA and will be a guest in the next technical meeting. Ms. Brown also stated that some of the components to think down the line will be the role of the ECRTA board in the process. ●ECO Social Media Launch (Information) Ms. Herr gave an overview of the ECO Transit social media launch, stating that the process to launch or re-launch the different social media channels started back in August. She explained that currently ECO Transit is present in three different platforms, Instagram, Facebook and Twitter, and showed what these profiles look like. She explained that posts are shared in English and Spanish in each platform to have consistency in the message. The main goal is for these platforms to be the main point of communication with riders. She stated that currently the accounts have around 60-67 followers which means each post is gaining approximately 6 followers. ●Fare Policy Review (Part 1)(Discussion) Mr. Barnes presented the first part of the fare policy review, he explained that the last fare update was in 2013 and the only change since then has been the reduction in price for the 30 Day regular pass in 2017 and the reduction fare for the Vail/BC express in 2021. He said that in addition to this there has been a lot of public feedback asking for fare revisions. This will be an opportunity to increase ridership and to improve fare options, with the goal to achieve operational efficiencies through fare policy. He explained that during the ECRTA retreat there were some items that came up such as equity and inclusion in the planning, management and delivery of transit and transportation services, creating questions like “Are we looking at our fares through the equity lens?” or “How do we deliver value to our riders in our community?”. He said that this could also be used as an opportunity to achieve continuous innovation and improvements. Mr. Barnes explained that some of the goals for this first part are: to establish guiding principles for fare policy; to provide a recommendation for a specific fare schedule, including passes and concession fares, for approval by BoCC; to develop guidelines for temporary incentive fare program that could be implemented at a staffing level without having to come back to the ECRTA and BoCC for approval; and, to look at the fare collection media and cashless payment transition. He said that by the end of this process the idea is to have an overall fare policy plan with a revised fare schedule, and to have procedures and guidelines for future adjustments. The main goal is to try to present a draft fare schedule at the February 2022 ECRTA meeting. Mr. Barnes then gave an insight on the difference between a fare policy and a fare structure. He said that the policy intent is to clearly communicate the priorities when creating a fare structure with the policy considering trade offs between ridership impacts and revenue impacts and looking to optimize both. In addition, the policy considers the operational realities and the administration and collection of these fare products versus environmental and congestion benefits. Mr. Barnes then presented and discussed a table showing the different fare structures that ECO Transit currently has including regular and premium routes, employer discount pass program, and different pass types, such as 1-Ride, 30-Day, and 10-Ride. He then presented an yearly analysis of the financial performance of the average fare paid, the operational subsidy, and the farebox recovery ratio. Mr. Barnes proceeded to explain the difference between flat fares and zonal fares, highlighting that ECO Transit currently uses flat fares which means a passenger pays the same amount for a trip whether they ride for one or multiple stops. For distance based or zonal fares, he said that the rider will pay an increasing amount based on how further the trip is, similar to Bustang’s model where they set a “per-mile” fare. Zonal fares divide the system into zones then charge a fare based on the number of zones traveled into or through, similar to RFTA’s BRT system. He discussed some of the pros and cons of each type of fare structure. He asked the ECRTA Board some guiding questions for the discussion. Commissioner McQueeney asked how any of these decisions will impact the RTA. Ms. Allen answered that she sees them working in parallel with the RTA discussion. Mr. Rietman said that he sees two different needs of transportation in the area. One being, the guest service needs for the tourist interest and economy in the valley, and the needs from the local workforce. He said they are two fundamentally different things that will need a different approach. Ms. Veljacic said that she thinks the people that live further away from their destination are typically frequent riders or car owners, and perhaps working on a “punch card” system will be something to think about. Commissioner McQueeney asked how much it will cost to have a “free fare” across the county. Ms. Allen answered that fares are roughly $2 million, but the challenge is that this does not cover operational implications such as increased ridership and vehicle maintenance. Commissioner McQueeny then asked if it could be possible to gather enough data for the ECRTA board to set a “floor” to have a minimum percentage of fare collection. Ms. Allen said that this was possible looking at what other agencies have done in that area. Mr. Rietman asked if the data for farebox of 2020 was available, and asked how bad it was just to have it as a point of reference. Mr. Barnes answered that the data is available but did not have it with him at the moment. Mr. Barnes presented the difference between regular and premium fares, which are allocated based on the route type. He highlighted that the current premium fare for the Leadville route acts as a “distance based” trip. He then proceeded to ask guiding questions for this discussion. Commissioner McQueeney said that she thinks express routes should have a premium cost. Mr. Rietman agreed and said that there could be a benefit for the Leadville workforce if other counties are covering costs for the Leadville route. Commissioner McQueeney suggested that there could be an extra value to ride an electric bus, that there may be some riders willing to support this type of service. Ms. Phillips asked if from a funding perspective a climate action goal to get people out of their cars and onto an electric bus would be a challenge. 6. Information/Updates ●Q&A - Director and Staff Updates (Information) Mr. Sharkey gave an update on the Fundraising of the Eagle Valley Trail completion. He said that a contract with a fundraiser and a marketing person has started. He explained that the plan for the fundraising is to first enter a “quiet” phase and to start a feasibility study to find out the data needed for this. Hopefully by the end of next year, we will be in the main phase with public outreach. He said that the design for all the missing segments for the EV Trail are getting closer to completion. Mr. Sharkey updated the Board on the two recent ribbon cuttings and plans for additional ribbon cuttings for Dotsero and the Dowd Junction part of the Trail next year. Ms. Allen added that Trails is currently recruiting Trails Committee members to help with the fundraising process. ●Board Member Roundtable Information (local transit projects, construction, events, etc. which may impact ECO operations or for which ECO support may be requested) (Information) Ms. Brown mentioned the Birds of Prey event coming back this year to Beaver Creek. And said there has been great partnership with different towns and Transit agencies in order to have a successful event. The meeting was adjourned at 1:52pm. The next meeting will be held Wednesday, February 9th. 2022 in the Eagle County Room at the Main Eagle County Building. Dayana Herr Clerk to the ECRTA advisory board Date Seal Clerk’s note: Notice for this meeting was properly posted as required. (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: E-Bike Purchase Incentive DATE: December 8, 2021 SUMMARY: On August 10, 2021, an E-Bike Purchase Incentive proposal was presented to the Avon Town Council for consideration. Direction was given to move forward with the program and to complete a budget amendment and launch the program before the end of the calendar year. A total of $10,000 was earmarked for 2021 e-bike purchase incentives with an additional $25,000 budgeted for 2022. Direction was given by the Town Manager to model the program after Holy Cross Energy’s E-Bike Rebate Program, which has been in place for three years. That program offers a $200 rebate for e-bike purchases to customers with a Holy Cross Energy account who are offsetting vehicle mileage. Direction was also given to offer a smaller incentive ($100) for used e-bikes purchased by Avon residents. The e-bike rebate was launched on Saturday, November 20 in advance of Black Friday. A webpage was created on Avon.org that includes e-bike rebate information and the complete application. The program is only available to full-time Avon residents who are using the e-bike to offset vehicle mileage. E-bikes can be purchased at any brick-and-mortar retailer or online and must be purchased after November 20, 2021 to be eligible for a rebate. Applications must be received within 180 days of the original purchase. All information is available at www.avon.org/ebike. The program has been advertised through a press release and on social media. No paid advertisement has been planned. We have not received any e-bike rebate applications at the time of this report. ATTACHMENTS: Attachment A – E-bike Rebate Press Release issued 11/15/21 Thank you, Liz For Immediate Release | November 15, 2021 Avon Launches E-Bike Incentive for Full-Time Residents Avon residents who purchase a new or used E-bike after November 20, 2021 can receive a rebate Avon, CO – Electric bikes (E-bikes) are gaining popularity as community members seek alternative ways to run errands, commute to work, reduce carbon emissions, and get some exercise. An E-bike is a motor assisted ride that combines conventional bike mechanics with a battery and motor which takes some of the effort out of pedaling. The Town of Avon is excited to launch an E-Bike rebate for residents who purchase an E-bike after November 20, 2021. The $200 rebate is eligible to full-time Avon residents who purchase a new E-bike through a local retailer or online with a minimum purchase price of $1,000. A $100 rebate is also available on used E-bikes with a minimum purchase price of $500. There is a limit of one rebate per person and two E-bike rebates per household, regardless of whether the E-bikes are new or used. Additionally, the E-bike must be used to offset vehicle mileage. The E-bike rebate application can be completed through the Town of Avon website. Rebates are only available on E-bikes purchased after November 20, 2021, and detailed invoices and receipts for E-bike purchases must be furnished. The rebate application and associated receipts must be received no later than 180 days from the date of purchase. Rebate checks will be distributed within 4-6 weeks of receiving the completed rebate application. Rebates are for Avon residents only and proof of residency is required. The resident must intend to replace trips otherwise taken by an automobile by using and E-bike. There is no rebate for recreational use. Rebates are subject to change and/or discontinuation without notice. Funding is limited. Applications will be accepted on a first come, first serve basis. Currently, Holy Cross Energy (HCE) offers a $200 rebate for e-bike purchases to customers with a Holy Cross Energy account who are offsetting vehicle miles. It is their most popular rebate, and in 2020 and thus far in 2021, HCE issued more than 520 rebates. The Edwards Metro District also offers a $200 e-bike purchase rebate for full-time residents who intend to use the e-bike to offset vehicle miles with a limit of two rebates per household. To learn more about the Town of Avon E-bike rebate program or to complete a rebate application, visit https://www.avon.org/2375/E-Bike-Rebate. # # # (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: Bang the Table Community Engagement Platform DATE: December 1, 2021 BACKGROUND: On August 11, 2020, the Avon Town Council recommended purchasing Bang the Table Engagement HQ to grow community engagement and participation in Town projects in a virtual format. In October 2020, staff determined the annual cost was eligible for reimbursement under the CARES Act because the COVID-19 pandemic required changes to our community engagement strategies. Engage Avon launched December 29, 2020 with five projects. The $12,000 annual cost was reimbursed by the CARES Act. SUMMARY: Over the course of 2021, 12 projects were published on Engage Avon, including the 2021 Avon Community Survey and the Avon Pulse Survey issued to Town staff (which required site registration). Although the site has a total of 314 active registered participants, an average of one person engages with the site monthly. The project that saw the most engagement was US Forest Service Road Access, which was published in February and had a total of 35 written comments (a small % in comparison to the 165+ comments received via email to council@avon.org and most were duplicates after staff encouraged those citizens to repeat their comments on this platform). The last entry was received seven months ago. Most of the comments were also received as emails to Town staff and Avon Town Council. One person has registered to use the site in the past 45 days. We have received a total of three ‘open’ comments since the site launched. In addition to the low engagement, Town staff experienced technical challenges with the platform, including registration challenges, layout and formatting difficulties, survey analytics and reporting problems and limited technical support. After 12 months of using the platform, some of these technical challenges have still not been addressed or resolved. Town staff has made the decision to transition Engage Avon content back to the Town of Avon municipal website due to the lack of community engagement and platform difficulties and limitations. The annual cost of the site is no longer eligible for reimbursement and the community using this site to engage also uses other methods to reach Town staff and leadership. A “Town Initiatives” section of the municipal website will be revamped to provide a low-cost method of communicating information on upcoming projects, including park projects, climate-based initiatives, and new initiatives similar to the e-bike rebate. Town staff will continue to research and explore new platforms in 2022 with a focus on ease of registration, formatting flexibility, and superior technical support. Thank you, Liz (970) 748-4001 btorres@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Brenda Torres, Town Clerk RE: 2021 Official Election Results Update DATE: December 7, 2021 SUMMARY: The official election results of the November 2, 2021 coordinated election have been published by the Eagle County Clerk & Recorder on the County’s website, and the Town of Avon received the certified official results on November 19, 2021. BACKGROUND: The November 2, 2021 election was administered as a coordinated mail ballot election by Eagle County Clerk and Recorder Regina O’Brien. The Town of Avon had three questions included in the ballot, one for TABOR (2C) and two for the recall of Sarah Smith Hymes and Tamra Underwood. Regarding ballot issue 2C, Short-Term Rental Tax for Community Housing, Ordinance 21-11 will be effective January 1, 2022, as a majority of the voters voted “yes/for” with a total of 1,128 votes, of which 800 were in favor. Regarding the recall questions, the officers subject to the recall shall continue in office as a majority of the voters voted “no”. For Sarah Smith Hymes, there were a total of 1,092 votes, with 806 voting “no/against”, and for Tamra Underwood there were a total of 1,095 votes, with 809 voting “no/against”. ANALYSIS: Per the County, 1,159 ballots were scanned with the TOA questions, out of 3,164 eligible voters on election day. The final official results for 2021 are as follows: Official Election Results from November 2, 2021 Ballot Issue: Total Votes Received: Yes/For: No/Against: 2C 1,128 800 328 Recall - Hymes 1,092 286 806 Recall - Underwood 1,095 286 809 3164 Total Active Avon Voters in 2021 Ballot Issue: Total Votes Received: Did Not Vote: % of Participation: 2C 1,128 2,036 35.65% Recall - Hymes 1,092 2,072 34.51% Recall - Underwood 1,095 2,069 34.61% The comparison from previous years for “Active Avon Voters” is as follows: 3054 Total Active Avon Voters in 2020 Ballot Issue: Total Votes Received: Did Not Vote: % of Participation: All Issues 2,522 532 82.58% Page 2 of 2 3621 Total Active Avon Voters in 2018 Ballot Issue: Total Votes Received: Did Not Vote: % of Participation: All Issues 1,982 1,639 54.74% 3519 Total Active Avon Voters in 2017 Ballot Issue: Total Votes Received: Did Not Vote: % of Participation: All Issues 882 2,637 25.06% Please note that there were no elections for the Town of Avon held in 2019, only a community survey regarding the Hahnewald Barn. PROPOSED MOTION: This is submitted as a written report and no action by Council is requested. ATTACHMENTS: ATTACHMENT 1: 2021 Coordinated Election Official Results Election Summary Report (please go to pages 6 and 7) ATTACHMENT 2: 2021 Eagle County TABOR Notice (please go to page 12) ATTACHMENT 3: 2021 Eagle County Composite Ballot (Please go to page 17 for Issue 2C and pages 20-21 for recall) ATTACHMENT 4: Ordinance 21-11 Community Housing Short-Term Rental Tax Thank you, Brenda Torres Candidate Total Judson Haims 853 13.99% Weston Arbogast 626 10.27% Jamie Woodworth Foral 625 10.25% Janet Bartnik 1,038 17.03% Nick Sunday 1,153 18.91% Sarah Parrish 965 15.83% Shawn Bruckman 836 13.71% Total Votes 6,096 Total Times Cast 2,769 / 4,951 55.93% Town of Eagle - Councilmember - Two-Year Term (Vote for 3) Candidate Total Geoffrey Grimmer 1,309 59.37% Weston Gleiss 896 40.63% Total Votes 2,205 Total Times Cast 2,769 / 4,951 55.93% Town of Eagle - Councilmember - Four-Year Term (Vote for 1) Candidate Total Jermaine A. Wates 235 3.88% Kathryn Middleton 637 10.51% Kirk Hansen 439 7.24% Jonathan Staufer 686 11.32% Pete Seibert Jr. 898 14.82% Brian Stockmar 649 10.71% Niko Sayag 435 7.18% Kim Newbury Rediker 642 10.59% Travis Coggin 732 12.08% Barry Davis 707 11.67% Total Votes 6,060 Total Times Cast 1,839 / 4,044 45.47% Town of Vail - Council Members At-Large (Vote for 4) Voters Cast: 15,664 of 35,053 (44.69%) Election Summary Report November 2, 2021 Coordinated Election Eagle County, Colorado Official Results 11/17/2021 12:10:05 PMPage: 1 of 7 ATTACHMENT 1 Candidate Total Andrew Keiser 4,155 36.29% Kelly Alter 7,294 63.71% Total Votes 11,449 Total Times Cast 13,293 / 29,699 44.76% Eagle County School District - School Board Director - District A (Vote for 1) Candidate Total Lelia Conlin 7,438 67.15% Kyla Sink 3,585 32.37% Write-in 53 0.48% Total Votes 11,076 Total Bridget Russell WRITE-IN 53 0.48% Total Times Cast 13,293 / 29,699 44.76% Eagle County School District - School Board Director - District B (Vote for 1) Candidate Total Heather Bergquist 4,138 35.63% Juan Peña 7,476 64.37% Total Votes 11,614 Total Times Cast 13,293 / 29,699 44.76% Eagle County School District - School Board Director - District E (Vote for 1) Candidate Total Michelle Hartel Stecher 8,547 85.31% Write-in 1,472 14.69% Total Votes 10,019 Total Maribel G. Avila WRITE-IN 1,472 14.69% Total Times Cast 13,293 / 29,699 44.76% Eagle County School District - School Board Director - District F (Vote for 1) 11/17/2021 12:10:05 PMPage: 2 of 7 Candidate Total Dan Reynolds 7,875 70.17% Susan Cunningham 3,347 29.83% Total Votes 11,222 Total Times Cast 13,293 / 29,699 44.76% Eagle County School District - School Board Director - District G (Vote for 1) Candidate Total Kenneth "Kenny" Teitler 1,328 74.27% Chase McWhorter 460 25.73% Total Votes 1,788 Total Times Cast 2,285 / 5,341 42.78% Roaring Fork School District - Board of Education School Director - District A (Vote for 1) Candidate Total Kathryn Kuhlenberg 1,358 80.64% Steven G. Fotion 326 19.36% Total Votes 1,684 Total Times Cast 2,285 / 5,341 42.78% Roaring Fork School District - Board of Education School Director - District E (Vote for 1) Candidate Total Shawn Lechman 2 20.00% H. Lee Bruchez 2 20.00% Gordon Stuart Heller 2 20.00% Brad Probst 0 0.00% Mitch Lockhart 2 20.00% Ralph Graves 0 0.00% Jackie Roppel 0 0.00% Wes Howell 2 20.00% Bryan Klotz 0 0.00% Total Votes 10 Total Times Cast 4 / 13 30.77% West Grand School District Board of Education Candidates (Vote for 5) 11/17/2021 12:10:05 PMPage: 3 of 7 Candidate Total YES/FOR 5,797 39.78% NO/AGAINST 8,774 60.22% Total Votes 14,571 Total Times Cast 15,582 / 35,053 44.45% Amendment 78 (CONSTITUTIONAL) (Vote for 1) Candidate Total YES/FOR 7,476 48.97% NO/AGAINST 7,790 51.03% Total Votes 15,266 Total Times Cast 15,582 / 35,053 44.45% Proposition 119 (STATUTORY) (Vote for 1) Candidate Total YES/FOR 6,138 42.07% NO/AGAINST 8,453 57.93% Total Votes 14,591 Total Times Cast 15,582 / 35,053 44.45% Proposition 120 (STATUTORY) (Vote for 1) Candidate Total YES/FOR 8,516 57.60% NO/AGAINST 6,268 42.40% Total Votes 14,784 Total Times Cast 15,582 / 35,053 44.45% Eagle County Ballot Issue 1A: Modifying term limits for the Office of County Commissioner (Vote for 1) Candidate Total YES/FOR 800 70.92% NO/AGAINST 328 29.08% Total Votes 1,128 Total Times Cast 1,159 / 3,164 36.63% Town of Avon Ballot Issue 2C: Short-Term Rental Tax for Community Housing (Vote for 1) 11/17/2021 12:10:05 PMPage: 4 of 7 Candidate Total YES/FOR 286 26.19% NO/AGAINST 806 73.81% Total Votes 1,092 Total Times Cast 1,159 / 3,164 36.63% Town of Avon Recall Election - Mayor Sarah Smith Hymes (Vote for 1) Candidate Total Write-in 15 100.00% Total Votes 15 Total Tamra Nottingham Underwood WRITE-IN 15 100.00% Total Times Cast 1,159 / 3,164 36.63% Town of Avon - Candidates for Town Council - Recall Hymes (Vote for 1) Candidate Total YES/FOR 286 26.12% NO/AGAINST 809 73.88% Total Votes 1,095 Total Times Cast 1,159 / 3,164 36.63% Town of Avon Recall Election - Tamra Underwood (Vote for 1) Candidate Total Write-in 13 100.00% Total Votes 13 Total Sarah Smith Hymes WRITE-IN 13 100.00% Total Times Cast 1,159 / 3,164 36.63% Town of Avon - Candidates for Town Council - Recall Underwood (Vote for 1) 11/17/2021 12:10:05 PMPage: 5 of 7 Candidate Total YES/FOR 642 65.85% NO/AGAINST 333 34.15% Total Votes 975 Total Times Cast 985 / 2,108 46.73% Town of Basalt Ballot Issue 3A: Basalt Forward Program (Vote for 1) Candidate Total YES/FOR 969 53.54% NO/AGAINST 841 46.46% Total Votes 1,810 Total Times Cast 1,839 / 4,044 45.47% Town of Vail Ballot Issue 2A: Authorization of an increase of 0.5% in the Town's existing sales tax, other than on food for home (Vote for 1) Candidate Total YES/FOR 1,584 70.34% NO/AGAINST 668 29.66% Total Votes 2,252 Total Times Cast 2,285 / 5,341 42.78% Roaring Fork School District Ballot Issue 5B: Mill Levy Override (Vote for 1) Candidate Total YES/FOR 0 0.00% NO/AGAINST 2 100.00% Total Votes 2 Total Times Cast 4 / 13 30.77% West Grand School District #1-JT. Ballot Issue 5A (Vote for 1) Candidate Total YES/FOR 3,678 48.29% NO/AGAINST 3,939 51.71% Total Votes 7,617 Total Times Cast 7,765 / 16,675 46.57% Mountain Recreation Metropolitan District Ballot Issue 6A: Funding for the All Access Rec Program and Other District Costs. (Vote for 1) 11/17/2021 12:10:05 PMPage: 6 of 7 Candidate Total YES/FOR 37 78.72% NO/AGAINST 10 21.28% Total Votes 47 Total Times Cast 47 / 0 N/A Town of Eagle Downtown Development Authority Ballot Issue 2B (Vote for 1) 11/17/2021 12:10:05 PMPage: 7 of 7 TO: ALL REGISTERED VOTERS ELECTION MATERIAL RETURN SERVICE REQUESTED Regina O’Brien Eagle County Clerk and Recorder P.O. Box 537 Eagle, CO 81631 NONPROFIT ORG U.S. POSTAGE PAID GLENWOOD SPGS, CO PERMIT NO. 22 COORDINATED ELECTION November 2, 2021 Eagle County, Colorado IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE X, SECTION 20 OF THE STATE CONSTITUTION Election Date: Tuesday, November 2, 2021 Election Type: Mail Ballot Election Hours: 7 a.m. to 7 p.m. All active registered voters will be mailed ballots on October 8, 2021. The ballot issued to you will only contain those questions on which you are eligible to vote based on your place of residence listed on your voter registration. Voter registration changes can be made online by visiting GoVoteColorado.gov. The last day to request a ballot to be mailed is October 25, 2021. Voters who make changes to their registration online after October 25, 2021 must visit a Voter Service and Polling Center to obtain a ballot. Services available at Voter Service and Polling Centers include voter registration up to and including Election Day, accessible voting, in-person voting, ballot drop boxes and replacement ballots. ADA accessible voting machines are available at any Voter Service and Polling Center. The information contained in this notice was prepared by persons required by law to provide summaries of ballot issues and fiscal information. Eagle County Elections 970-328-8715 elections@eaglecounty.us 24-Hour Ballot Box Locations - Open October 8 Eagle Clerk and Recorder’s Office 500 Broadway Eagle, CO 81631 Edwards Mountain Recreation Field House 450 Miller Ranch Rd. Edwards, CO 81632 Town of Gypsum 50 Lundgren Blvd. Gypsum, CO 81637 Avon Clerk and Recorder’s Office 100 W. Beaver Creek Blvd. Avon, CO 81620 Town of Basalt 101 Midland Ave. Basalt, CO 81621 El Jebel Clerk and Recorder’s Office 20 Eagle County Dr. El Jebel, CO 81623 Town of Vail 75 S. Frontage Rd. W. Vail, CO 81657 Dates and HoursVoter Service andPolling Centers Weekdays: Oct 25 – Nov 1 8 a.m. – 5 p.m. Saturday: Oct 30 9 a.m. – 1 p.m. Election Day: Nov 2 7 a.m. – 7 p.m. Thursday: Oct 28 1 p.m. – 5 p.m. Friday: Oct 29 8 a.m. – 5 p.m. Saturday: Oct 30 9 a.m. – 1 p.m. Monday: Nov 1 8 a.m. – 5 p.m. Election Day: Nov 2 7 a.m. – 7 p.m. Eagle Clerk and Recorder’s Office 500 Broadway Eagle, CO 81631 Town of Avon Municipal Office 100 Mikaela Way Avon, CO 81620 El Jebel Clerk and Recorder’s Office 20 Eagle County Dr. El Jebel, CO 81623 The Grand View Atop the Lionshead Parking Structure 395 S. Frontage Rd. W. Vail, CO 81657 5 Year Fiscal Information Fiscal Year Ending 06/30/2021 (projected) Revenues:$6,015,313 Expenditures:$6,011,123 Ending Fund Balance: $1,035,732 Fiscal Year Ending 06/30/2020 Audited Revenues:$6,414,423 Expenditures:$5,960,435 Ending Fund Balance: $1,972,332 Fiscal Year Ending 06/30/2019 Audited Revenues:$6,025,489 Expenditures:$5,426,369 Ending Fund Balance: $2,257,694 Fiscal Year Ending 06/30/2018 Audited Revenues:$5,428,932 Expenditures:$4,938,336 Ending Fund Balance: $2,427,965 Fiscal Year Ending 06/30/2017 Audited Revenues:$5,242,141 Expenditures:$4,639,307 Ending Fund Balance: $2,501,121 West Grand School District #1-JT audited financial statements are available at West Grand School District Office, 715 Kinsey Avenue, Kremmling, Colorado, between the hours of 8:00 am - 4:30 pm, Monday - Thursday. Audited financial statements are also, available on our webpage, www.wgsd.us West Grand School District 1-Jt emergency reserve required by TABOR has been and is currently funded by cash. The expenditure overall dollar change from the period from fiscal year ending 06/30/2017 to fiscal year ending 06/30/2020 is an increase of $1,321,128. The overall percentage change for the same period is an increase of 28.5%. TO ALL REGISTERED VOTERS NOTICE OF ELECTION on a referred measure ROARING FORK SCHOOL DISTRICT GARFIELD, EAGLE, AND PITKIN COUNTIES, COLORADO Election Date & Hours: Tuesday, November 2, 2021; Election by Mail Ballot Designated Election Official: Angie Davlyn, Roaring Fork School District, 400 Sopris Ave., Carbondale CO 81623; telephone number (970) 384-6013 Coordinated Election Official: Regina O’Brien, Eagle County Clerk and Recorder; 500 Broadway, PO Box 537, Eagle, Colorado, 81631; telephone number (970) 328-8715 Ballot title and text: Roaring Fork School District Ballot Issue 5B: Mill Levy Override SHALL ROARING FORK SCHOOL DISTRICT NO. RE-1 TAXES BE INCREASED BY A MAXIMUM OF $7.7 MILLION ANNUALLY IN 2022 AND IN EACH YEAR THEREAFTER AS ADJUSTED ANNUALLY FOR INFLATION TO PAY FOR: • INCREASING TEACHER AND STAFF SALARIES TO A LIVING WAGE; AND • STUDENT, TEACHER AND STAFF RETENTION AND RECRUITMENT EFFORTS; WITH SUCH TAXES TO BE DEPOSITED INTO THE DISTRICT’S GENERAL FUND, THE REVENUES AND EXPENDITURES OF WHICH ARE SUBJECT TO AN ANNUAL AUDIT CONDUCTED BY AN INDEPENDENT AUDITOR, AND PROVIDED THAT NO REVENUE FROM THIS TAX WILL BE USED FOR SENIOR DISTRICT LEADERSHIP SALARIES, SUCH TAX INCREASE TO BE AN ADDITIONAL PROPERTY TAX MILL LEVY SUFFICIENT TO PRODUCE THE AMOUNT SPECIFIED ABOVE? _____ YES/FOR _____ NO/AGAINST ACTUAL HISTORICAL AND CURRENT ESTIMATED FISCAL YEAR SPENDING INFORMATION Fiscal Year 2022 (estimated) Expenditures:$63,871,346 $ Change:$6,696,728 % Change:12% Fiscal Year Ending 2021 (estimated) Expenditures:$57,174,618 $ Change:-$5,968,121 % Change:$1,972,332 2020 Expenditures:$63,142,739 $ Change:$921,360 % Change:1% 2019 Expenditures:$62,221,379 $ Change:$4,417,535 % Change:8% 2018 Expenditures:$57,803,844 Overall change form 2018-2022 $ Change:$6,067,502 % Change:10% Estimate the maximum dollar amount of the proposed tax increase for fiscal year 2022 (the first full year of the proposed tax increase): $7,700,000 Anticipated tax revenue without the tax increase: $66,744,779 Summaries of written comments filed with the election officer: The following summaries were prepared from comments filed by persons FOR Roaring Fork School District Ballot Issue 5B: Mill Levy Override No comments were filed by the constitutional deadline. The following summaries were prepared from comments filed by persons AGAINST Roaring Fork School District Ballot Issue 5B: Mill Levy Override No comments were filed by the constitutional deadline. TO: ALL REGISTERED VOTERS Notice of Election to Increase Taxes on a Referred Measure MOUNTAIN RECREATION METROPOLITAN DISTRICT Eagle County, Colorado Election Date:Tuesday, November 2, 2021 Election Hours:7:00 a.m. to 7:00 p.m. Local Election Office Address and Telephone Number: Marchetti & Weaver 28 Second St. Suite 213 Edwards, CO 81632 Telephone: (970) 926-6060 Ballot Title and Text: BALLOT ISSUE NO. 6A: SHALL MOUNTAIN RECREATION METROPOLITAN DISTRICT TAXES BE INCREASED UP TO $3.813 MILLION IN TAX COLLECTION YEAR 2022 AND BY WHATEVER AMOUNT IS GENERATED ANNUALLY THEREAFTER FROM AN INCREASE IN THE DISTRICT’S MILL LEVY OF 4.505 MILLS (FOR A TOTAL MAXIMUM MILL LEVY OF 8.155 MILLS) PROVIDED THAT THE DISTRICT MAY ADJUST ITS MAXIMUM MILL LEVY IN ANY YEAR TO OFFSET PROPERTY TAX REFUNDS OR ABATEMENTS OR REDUCTIONS IN THE PERCENTAGE OF ACTUAL VALUATION USED TO DETERMINE ASSESSED VALUATION AND THE PROCEEDS OF SUCH TAX INCREASE SHALL BE USED TO PAY DISTRICT OPERATIONS AND MAINTENANCE COSTS AND FUND THE ALL ACCESS REC PROGRAM INCLUDING: • RENOVATING AND EXPANDING RECREATION FACILITIES IN EDWARDS, EAGLE, AND GYPSUM TO PROVIDE NEW RECREATION SPACES, EQUIPMENT, AND PROGRAMS AND COMMUNITY HEALTH AND WELLBEING SERVICES FOR CHILDREN, TEENS, ADULTS, FAMILIES, AND SENIORS; • PROVIDING YEAR-ROUND ACCESS FOR ALL WITH UPDATED AND NEW COMMUNITY SPACES, BEHAVIORAL HEALTH PROGRAMS, LOCAL NONPROFIT SERVICES, AND SOCIAL ACTIVITIES TO IMPROVE THE QUALITY OF LIFE FOR OUR COMMUNITY; AND • IMPROVING TRAILHEAD, SWIMMING, AND RECREATIONAL FACILITIES TO PROVIDE MORE ACCESS FOR ACTIVE OUTDOOR RECREATION, SUMMER CAMPS, AND YOUTH AND ADULT RECREATION PROGRAMS AND ACTIVITIES; ALL REVENUES OF THE DISTRICT SHALL BE COLLECTED, RETAINED, AND SPENT AS A VOTER APPROVED REVENUE CHANGE WITHOUT REGARD TO ANY LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW BUT WITH OVERSIGHT OF THE EXPENDITURE OF FUNDS BY THE ELECTED BOARD OF DIRECTORS AND SUBJECT TO INDEPENDENT AUDIT PUBLISHED ON THE DISTRICT WEBSITE? Total District Fiscal Year Spending Fiscal Year 2021 (estimated) $ 5,141,899 2020 (actual) $ 4,910,718 2019 (actual) $ 5,641,699 2018 (actual) $ 5,247,028 2017 (actual) $ 4,914,494 Overall percentage change from 2017 to 2021 4.63 % Overall dollar change from 2017 to 2021 $227,405 Proposed Tax Increase District Estimate of the Maximum Dollar Amount of the Proposed Tax Increase For Fiscal Year 2022 (the First Full Fiscal Year of the Proposed Tax Increase): BALLOT ISSUE NO. 6A: $3,813,000 District Estimate of 2022 Fiscal Year Spending Without Proposed Tax Increase: $6,082,234 Summary of Written Comments FOR Ballot Issue No. 6A: Voting YES on 6A (All Access Rec) allows Mountain Recreation Metropolitan District to improve its facilities and enhance programs for kids, families, adults and seniors. Voting YES on 6A recognizes that recreation and exercise plays an important role in individual and community health and wellbeing. Voting YES on 6A signifies an investment in our community that reaches across age, cultural and economic divides. It is a vote to preserve and enhance quality of life for the district’s year-round residents. THE ISSUE Mountain Rec plays a vital role in meeting the physical and emotional health needs of Eagle County, but our facilities were built to serve about half of the current population. Facilities and programs are over capacity and struggling to meet demands. Complicating matters further, the district’s population has almost doubled over the past 20 years and will likely continue to grow. THE SOLUTION Mountain Rec has worked with the community, local businesses, nonprofits and local governments over the past three years to identify and prioritize the most important upgrades and improvements to the district’s facilities. The result is the All Access Rec program (6A). WHAT DOES A YES VOTE MEAN FOR YOU? • Transforming Mountain Rec’s current facilities into community centers and social hubs for children, teens, adults, families and seniors. It’s a smart investment in our community’s overall mental and physical health. • Year-round access to new community spaces, behavioral health programs and social activities. • The All Access Rec pass which includes access to all Mountain Rec Facilities for one low rate. • Improvements to trailhead, swimming, and recreational facilities to provide more access for active outdoor recreation and summer camps. • Improved amenities, venues and facilities for clubs, leagues and youth and adult recreation programs, among them basketball, baseball/softball, hockey/ice skating, lacrosse, pickleball and more. The district’s board incorporated thoughtful community feedback and lowered the overall cost of 6A by $20 million. Additionally, the district’s foundation is diligently working with community partners to raise additional funds, with $6 million already raised. With the passage of 6A, significant additional grant dollars also become possible. The district’s work to reduce the cost reinforces its conservative fiscal track record. Mountain Rec’s previous mill levy increase came nearly 20 years ago, and the district’s last bond was paid off 10 years early. In addition, Mountain Rec is working with an independent, experienced construction manager to manage costs and timelines to deliver these projects on time and on (or under) budget. With constructioncosts on the rise, our window of possibility is closing. Planned improvements will cost the average homeowner about $18 a month, but the return to the community is substantial. 6A solves our current issues and lays the groundwork to meet the needs of a rapidly growing community. By pairing our capable and dedicated staff with your support we can achieve something truly amazing. Together, we can make our valley a better place to live. Please vote Yes on 6A when your ballot arrives. Summary of Written Comments AGAINST Ballot Issue No. 6A: No comments were filed by the constitutional deadline. As required by Colorado Revised Statutes (C.R.S. § 1-7-905), I hereby certify the ballot issue notices are complete as submitted by the political subdivisions. Regina O’Brien, Eagle County Clerk & Recorder. 45 ATTACHMENT 2 TO ALL REGISTERED VOTERS NOTICE OF ELECTION TO INCREASE TAXES ON A REFERRED MEASURE TOWN OF VAIL, COLORADO Election Date & Hours: November 2, 2021, 7:00 a.m. to 7:00 p.m. Local Election Official: Tammy Nagel, Town Clerk 75 South Frontage Road West Vail, CO 81657 970-479-2136 Ballot Title: Authorization of an increase of 0.5% in the Town’s existing sales tax, other than on food for home consumption, to fund housing initiatives, housing developments and housing programs. Ballot Text: SHALL TOWN OF VAIL TAXES BE INCREASED $4,300,000 IN THE FIRST FISCAL YEAR AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY AN INCREASE OF 0.5% IN THE TOWN’S EXISTING SALES TAX (FROM 4.0% TO 4.5%), TO TAKE EFFECT ON JANUARY 1, 2022 AND TO TERMINATE ON DECEMBER 31, 2052; EXCEPT THAT FOOD FOR HOME CONSUMPTION SHALL BE EXEMPT FROM SUCH TAX INCREASE; WITH THE REVENUES FROM SUCH TAX INCREASE TO BE USED TO FUND HOUSING INITIATIVES, HOUSING DEVELOPMENTS AND HOUSING PROGRAMS AND RELATED ACTIVITIES INSIDE AND OUTSIDE THE TOWN; AND SHALL THE REVENUES FROM SUCH TAX INCREASE AND ANY INVESTMENT EARNINGS THEREON BE COLLECTED AND SPENT BY THE TOWN FOR THE ABOVE-STATED PURPOSES AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE- RAISING OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ___________YES/FOR ____________NO/AGAINST TOTAL TOWN FISCAL YEAR SPENDING: FISCAL YEAR 2021 (ESTIMATED) $ 75,854,555 2020 (ACTUAL) $ 74,228,594 2019 (ACTUAL) $ 79,858,202 2018 (ACTUAL) $ 103,451,083 2017 (ACTUAL) $ 66,936,720 OVERALL PERCENTAGE CHANGE FROM 2017 TO 2021: 11.8% OVERALL DOLLAR CHANGE FROM 2017 TO 2021: $ 8,917,835 FIRST FULL FISCAL YEAR ESTIMATES: TOWN ESTIMATE OF THE MAXIMUM DOLLAR AMOUNT OF THE PROPOSED TAX INCREASE FOR FISCAL YEAR 2022 (THE FIRST FULL FISCAL YEAR OF THE PROPOSED TAX): BALLOT ISSUE NO. 2A: $ 4,500,000 TOWN ESTIMATED 2022 FISCAL YEAR SPENDING WITHOUT THE TAX INCREASE PROPOSED BY BALLOT ISSUE NO. 2A: $71,723,029 Summaries of Written Comments FOR Ballot Issue No. 2A: Accessible and attainable housing has always been a challenge for many individuals and families in the Vail community. However, the lack of available long-term rental and homeownership opportunities has never threatened our quality of life as it does today. Great people make a great community, and our teachers, firefighters, nurses, police, wait staff, sales clerks and baristas need a place to live. Simply put, if the housing crisis is not addressed, our way of life will be gone. Voter approval of Ballot Issue 2A will help address the housing crisis by creating a dedicated funding source for housing initiatives, developments, and programs now and in the future. The $3.5 million raised by the 0.5% sales tax increase will fund housing developments like Chamonix Neighborhood in West Vail, Residences at Main Vail, and the redevelopment of Timber Ridge. Another reason to vote for Ballot Issue 2A is to continue the Vail InDeed program. The program has already helped hundreds of Vail residents and their families find a home or stay in their home. In fact, among Vail’s 5,600 year-round residents, about 2,000 people live in the Town’s 930 deed-restricted homes. Nobody likes to increase their local sales taxes. Yet, a 0.5% sales tax increase that costs 50 cents on a $100 purchase and exempts food and groceries to create a dedicated funding source and address our housing crisis is affordable to most individuals and families in our community. Finally, the Vail sales tax has not been increased since 1974. Saving our quality of life and putting “local” back in Vail are good reasons to vote YES on Ballot Issue 2A. 2A is a pragmatic, thoughtful approach to addressing the workforce housing challenge in the Town of Vail. This ballot issue: 1. Demonstrates Vail’s commitment to the future through incorporating resident occupied workforce housing units/employee housing units in new developments and within currently developed units. Deed restrictions work and are a market-driven model to ensure future sustainable housing; 2. Supports the Vail InDeed program, which has great momentum and is being modeled around the country to address workforce housing solutions. 2A will allow this program to expand and create new workforce units; 3. Allow the Town of Vail to continue to be leaders in the development of workforce housing through appropriate in-fill locations and in areas designated and zoned for housing development; 4. Supports the climate action plan by reducing commuting times and reducing regional transit and transportation impacts to mitigate greenhouse gas emissions; 5. Supports Vail’s future as a sustainable community by ensuring a year-round community population; The lack of available housing creates pressures on the community in terms of employee attraction and retention, and in the employee experience working and living in Vail and Eagle County, with up to 95% of those reporting indicating workforce housing is a frustration. We want to ensure our community can remain competitive to keep locals local and encourage you to vote YES to support ballot issue 2A. Summaries of Written Comments AGAINST Ballot Issue No. 2A: No vote recommended: The Town of Vail has proposed a .05% increase in the sales tax (groceries exempted) to fund “ housing initiatives, housing developments and housing programs and related activities.” For a number of reasons, a No vote is urged on this tax increase. First, there are no defined purposes or restrictions in the ballot measure for how the tax will be spent other than it must be used for housing and “related activities.” That latter catch-all is a huge loophole that could be used to justified a lot of presently unknown and unannounced uses. When the matter was before the Council, it was said that the money would be used for the redevelopment of Timber Ridge, the Indeed program and some unidentified “CDOT properties” and Minturn references, but none of that is binding, making the tax increase a gigantic “trust me” proposition. Second, the tax increase was launched on the basis of polling that allegedly showed support for the tax. Too often those polling studies become self-fulfilling prophesies. Third, as originally conceived, the tax was supposed to fund the Vail Housing 2027 Strategic Plan. That plan was to acquire 1,000 housing units by 2027, six years from now. However, when it adopted the ballot issue the Council decided to extend the tax for 30 years, thereby, extending the housing plan for an additional 24 years and making it a “generational” tax. Fourth, there is already going to be a property tax increase because of the escalation in the real estate market over the recent past. County- wide residential property assessments are up 7.2%; in Vail there have been reassessments of up to 50%. Fifth, there is a matter of trust. Is it in the communities’ best interest to tum over $250 million or more to the Vail Local Housing Authority (VLHA) which so far has exercised no restraint in its efforts to build housing wherever it can, including on open space (both the Donavan Park Middle Bench and the West Middle Creek open space have been on its agenda) and on the golf course? As yet, the VLHA has not demonstrated that it can balance aesthetics and the environment with building more housing. Nor does Vail need more architecturally deficit big-box apartment buildings doting the landscape. Sixth, this proposed tax increase should be balanced against other needs that will require tax increases. Finally, had the purpose for this tax increase been precisely set out and had it been limited to just the remaining six years of the 2017 Housing Plan, it might have gained an endorsement. Other tax increases have been supported where there was a clear need and defined purpose and supports the provision of more workforce housing. But tying up a significant part of the Town’ s taxing ability for 30 years is imprudent, especially when it does not contain precise guardrails for its expenditure. For those reasons, a No vote on the sales tax increase is recommended. To: All REGISTERED VOTERS NOTICE OF ELECTION ON A REFERRED MEASURE TOWN OF AVON Election Date:November 2, 2021 Election Hours:7:00 a.m. to 7:00 p.m. Local Election Official: Brenda Torres, Town Clerk Avon Town Hall 100 Mikaela Way Avon, Colorado 81620 (970) 748-4000 Ballot title and text: Short-Term Rental Tax for Community Housing SHALL THE TOWNOF AVON’S TAXES BE INCREASED BY ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) IN THE FIRST YEAR (2022), AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY LEVYING AN EXCISE TAX OF 2% ON THE AMOUNT CHARGED TO ANY PERSON LEASING A SHORT-TERM RENTAL UNIT, DEFINED AS LEASING ANY PROPERTY ASSESSED AS RESIDENTIAL BY THE EAGLE COUNTY ASSESSOR FOR A PERIOD LESS THAN THIRTY DAYS, FOR THE PURPOSE OF FUNDING COMMUNITY HOUSING, INCLUDING 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 ADMINSTRATION, DESIGN, LEGAL AND CONSULTING, ALL IN ACCORDANCE WITH ORDINANCE NO. 21-11 ADOPTED BY THE AVON TOWN COUNCIL, AND SHALL THE TOWN BE PERMITTED TO COLLECT, RETAIN, AND EXPEND ALL REVENUES DERIVED FROM SUCH TAX AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ___________YES/FOR ____________NO/AGAINST FISCAL INFORMATION Actual Histories and Current Estimated Fiscal Year Spending Year Fiscal Year Spending 2021 (estimated)$24,459,200 2020 (actual)$27,655,006 2019 (actual)$26,721,671 2018 (actual) $23,100,037 2017 (actual)$22,959,545 Overall percentage change in fiscal year spending over the five-year period from 2017 to 2021: 6.53% Overall dollar change in fiscal year spending over the five-year period from 2017 through 2021: $1,499,655 Proposed Tax Increase Town estimate of the Maximum Dollar Amount of the Proposed Tax Increase for Fiscal Year 2022 (the First Full Year of the Proposed Tax Increase): $1,500,000 Town estimate of 2022 Fiscal Year Spending Without Proposed Tax Increase: $25,959,200 Summary of Written Comments in SUPPORT of Ballot Question: The 2% Short Term Rental Tax will establish dedicated revenues for Community Housing in Avon. The lack of affordable housing is a very important issue in Avon that will require significant financial investment to create new affordable housing opportunities. 100% of the Short Term Rental Tax revenue will be dedicated to Avon’s Community Housing fund. Creating more affordable housing opportunities in Avon will both stabilize the Avon community as well as support local businesses by providing needed housing for employees. The 2% Short Term Rental Tax will apply to residential properties that are rented on AirBnB, VRBO, and other on-line short-term rental websites. This tax will be paid by visitors to Avon and will not be paid by residents or property owners. It is unlikely that the 2% tax increase will discourage visitors from staying in Avon because Avon’s lodging rates are less expensive than Beaver Creek or Vail. This tax will not apply to commercial hotels and lodges that are assessed as commercial properties. Summary of Written Comments in OPPOSITION of Ballot Question: This tax won’t benefit travelers, owners, or people trying to purchase real estate. People have no appetite for more taxes or regulations on what we can and can’t do with our property. Vote No! TO: ALL REGISTERED VOTERS NOTICE OF ELECTION TO INCREASE DEBT ON A REFERRED MEASURE TOWN OF BASALT, COLORADO EAGLE AND PITKIN COUNTIES, COLORADO Election Date and Hours: Tuesday,November 2,2021, 7:00 AM to 7:00 PM Local election office address and phone number: Designated Election Official: Pamela Schilling, Town Clerk; Basalt Town Hall, 101 Midland Avenue, Basalt, CO, 81621; telephone number (970) 927-4701. Coordinated Election Official: Regina O’Brien, Eagle County Clerk and Recorder; 500 Broadway, PO Box 537, Eagle, Colorado, 81631; telephone number (970) 328-8715 Ballot Title and Text: 3A. Basalt Forward Program WITHOUT IMPOSING ANY NEW TAX, SHALL THE TOWN OF BASALT’S DEBT BE INCREASED BY $18,000,000, WITH A MAXIMUM TOTAL REPAYMENT COST OF NOT MORE THAN $23,065,450, FOR THE PURPOSE OF FINANCING THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, REPAIR, IMPROVEMENT, AND PROVISION OF THE FOLLOWING PROJECTS AS PART OF THE BASALT FORWARD PROGRAM: • INCREASING THE SUPPLY OF AFFORDABLE HOUSING IN THE TOWN MASTER PLAN’S URBAN GROWTH BOUNDARY, SUCH AS THROUGH PURCHASING REAL PROPERTY, PARTNERSHIPS WITH PRIVATE, NON-PROFIT, AND GOVERNMENT SECTORS, ACQUIRING DEED RESTRICTIONS, AND SUPPORTING HOUSING PROGRAMS; • STREETSCAPE, SIDEWALK, AND RELATED INFRASTRUCTURE IMPROVEMENTS ON MIDLAND AVENUE IN DOWNTOWN BASALT; • “GREEN” PROJECTS, SUCH AS SOLAR DEVELOPMENT, VEHICLE CHARGING STATIONS, AND OTHER IMPROVEMENTS; AND SHALL THE PROPERTY TAXES AUTHORIZED AT THE TOWN’S BOND ELECTIONS IN 2001 AND 2013 BE EXTENDED AND AUTHORIZED TO BE USED TO PAY THE DEBT AUTHORIZED AT THIS ELECTION IN ADDITION TO THE DEBT AUTHORIZED AT SUCH PRIOR ELECTIONS; AND SHALL SUCH TAXES BE LEVIED ANNUALLY AT A RATE SUFFICIENT TO PAY SUCH DEBT OR ANY REFUNDING DEBT WHEN DUE (OR TO CREATE A RESERVE FOR SUCH PAYMENT) BUT NOT MORE THAN $950,000 ANNUALLY; AND MAY SUCH DEBT BE EVIDENCED BY THE ISSUANCE OF GENERAL OBLIGATION BONDS OR OTHER MULTIPLE FISCAL YEAR OBLIGATIONS TO BE SOLD IN ONE SERIES OR MORE, FOR A PRICE ABOVE OR BELOW THE PRINCIPAL AMOUNT THEREOF, ON TERMS AND CONDITIONS, AND WITH SUCH MATURITIES AS PERMITTED BY LAW AND AS THE TOWN MAY DETERMINE? Total Town Fiscal Year Spending: Fiscal Year 2021 (estimated) $ 14,834,928 2020 (actual)$ 13,352,870 2019 (actual)$ 13,447,091 2018 (actual)$ 11,636,649 2017 (actual)$ 9,392,434 Overall percentage change from 2017 to 2021 58% Overall dollar change from 2017 to 2021 $5,442,494 Information on Town’s Proposed Debt BALLOT ISSUE NO. 3A: Principal Amount of Proposed Bonds: Not to exceed $18,000,000 Maximum Annual Town Repayment Cost: Not to exceed $950,000 Total Town Repayment Cost: Not to exceed $23,065,450 Information on Town’s Current Debt* Principal Amount Outstanding Debt: $1,529,000 Maximum Annual Repayment Cost:$ 950,000 Remaining Total Repayment Cost:$1,578,162 *Excluded from debt are enterprise and annual appropriation obligations. Summary of Written Comments FOR Ballot Issue 3A: Voting Yes on Issue 3A will allow the Town of Basalt to fund three projects identified in Basalt’s current Master Plan. Basalt residents worked together in 2019 and 2020 to develop a Master Plan that identified our community’s highest priorities over the coming years, including affordable housing, green initiatives, Midland Avenue streetscape and many other projects. Without raising taxes, Issue 3A authorizes the Town to issue up to $17 million in bonds to help finance three key projects that were listed in the Master Plan and then reviewed by the Town’s Capital Needs Committee and by residents and local business owners as part of this summer’s Basalt Forward 2030 community-engagement effort. Specifically, Issue 3A will: • Increase the Town of Basalt’s supply of affordable housing by purchasing land and property, partnering with private, nonprofit or government housing entities, acquiring deed restrictions, and/ or supporting housing programs; • Allow the Town to begin the Midland Avenue streetscape project in downtown, including improvements to sidewalks, lighting and other infrastructure, to help support local businesses and the Town’s economy; and • Develop Green Initiatives, including a solar project, vehicle- charging stations, energy-efficiency upgrades and other improvements, to help reduce the Town’s reliance on fossil fuels. If approved, Issue 3A will extend previously voter-approved property taxes that were used to repay bonds issued to complete the Basalt River Park and Old Pond Park projects. Since these will be fully paid by 2023, the Town can ask voters to extend the property taxes and then issue new bonds for the Master Plan projects. That will allow the Town to maintain its current property tax to fund these new capital-improvement projects while keeping property taxes the same for residents and local businesses. Using bonds is the most fiscally responsible way for the Town to finance these Master Plan projects. With inflation and rising construction costs, coupled with historically low bond interest rates, now is the time for Basalt to begin these projects before the price tag is out of reach. As part of the Town’s commitment to fiscal accountability, it has hired an independent, experienced construction manager to ensure that the Town manages costs, materials and timelines to maximize bond dollars and deliver quality projects for our community. Issue 3A deserves our community’s support. It allows Basalt to complete projects that were identified by community members in the Master Plan without raising taxes. Please be sure to vote Yes on 3A when your ballot arrives. Summary of Written Comments AGAINST Ballot Issue 3A: No comments were filed by the constitutional deadline. To: ALL REGISTERED VOTERS NOTICE OF ELECTION ON A REFERRED MEASURE WEST GRAND SCHOOL DISTRICT #1-JT Election Date:November 2, 2021 Election Hours: 7:00 a.m. to 7:00 p.m. Local Election Office Address and Telephone Number: Kylee Miller, DEO West Grand School District #1-JT. 715 Kinsey Ave. Kremmling, CO 970-724-3217 Ballot title and text: WEST GRAND SCHOOL DISTRICT #1-JT. BALLOT ISSUE 5A: SHALL WEST GRAND SCHOOL DISTRICT #1-JT. TAXES BE INCREASED BY $550,000 IN THE 2021-2022 BUDGET YEAR, AND ANNUALLY THEREAFTER, OR BY SUCH LESSER AMOUNT AS THE BOARD OF EDUCATION MAY ANNUALLY DETERMINE, BY THE IMPOSITION AND COLLECTION OF AN ADDITIONAL PROPERTY TAX LEVY SUFFICIENT TO PRODUCE THE AMOUNTS REFERENCED ABOVE FOR DEPOSIT IN THE DISTRICT’S GENERAL FUND FOR EDUCATIONAL PURPOSES TO BE APPROVED BY THE BOARD OF EDUCATION, INCLUDING, BUT NOT LIMITED TO IMPROVEMENT OF SCHOOL SECURITY; MAINTENANCE AND ENHANCEMENT OF INSTRUCTIONAL PROGRAMS; MAINTENANCE AND ENHANCEMENT OF INSTRUCTIONAL TECHNOLOGY; RECRUITMENT, TRAINING AND RETENTION OF HIGH QUALITY TEACHERS AND SUPPORT STAFF BY MAINTAINING COMPETITIVE SALARIES AND BENEFITS; AND CAPITAL NEEDS AND IMPROVEMENTS AND MAINTENANCE OF FACILITIES, WITH SUCH TAXES TO BE IN EXCESS OF PROPERTY TAX REVENUES THAT WOULD BE PROVIDED BY THE GENERAL FUND MILL LEVY PERMITTED UNDER STATE LAW WITHOUT SUCH INCREASE AND, TOGETHER WITH REVENUES FROM SPECIFIC OWNERSHIP TAXES ATTRIBUTABLE THERETO AND THE EARNINGS ON SUCH TAXES AND REVENUES, TO CONSTITUTE A VOTER APPROVED REVENUE AND SPENDING CHANGE UNDER, TO BE COLLECTED AND SPENT EACH YEAR WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF, AND WITHOUT AFFECTING THE DISTRICT’S ABILITY TO COLLECT AND SPEND OTHER REVENUES OR FUNDS UNDER, ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ___________YES/FOR ____________NO/AGAINST No comments were filed by the constitutional deadline. 1 2 3 TO ALL REGISTERED VOTERS NOTICE OF ELECTION TO INCREASE TAXES ON A REFERRED MEASURE TOWN OF VAIL, COLORADO Election Date & Hours: November 2, 2021, 7:00 a.m. to 7:00 p.m. Local Election Official: Tammy Nagel, Town Clerk 75 South Frontage Road West Vail, CO 81657 970-479-2136 Ballot Title: Authorization of an increase of 0.5% in the Town’s existing sales tax, other than on food for home consumption, to fund housing initiatives, housing developments and housing programs. Ballot Text: SHALL TOWN OF VAIL TAXES BE INCREASED $4,300,000 IN THE FIRST FISCAL YEAR AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY AN INCREASE OF 0.5% IN THE TOWN’S EXISTING SALES TAX (FROM 4.0% TO 4.5%), TO TAKE EFFECT ON JANUARY 1, 2022 AND TO TERMINATE ON DECEMBER 31, 2052; EXCEPT THAT FOOD FOR HOME CONSUMPTION SHALL BE EXEMPT FROM SUCH TAX INCREASE; WITH THE REVENUES FROM SUCH TAX INCREASE TO BE USED TO FUND HOUSING INITIATIVES, HOUSING DEVELOPMENTS AND HOUSING PROGRAMS AND RELATED ACTIVITIES INSIDE AND OUTSIDE THE TOWN; AND SHALL THE REVENUES FROM SUCH TAX INCREASE AND ANY INVESTMENT EARNINGS THEREON BE COLLECTED AND SPENT BY THE TOWN FOR THE ABOVE-STATED PURPOSES AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE- RAISING OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ___________YES/FOR ____________NO/AGAINST TOTAL TOWN FISCAL YEAR SPENDING: FISCAL YEAR 2021 (ESTIMATED)$ 75,854,555 2020 (ACTUAL)$ 74,228,594 2019 (ACTUAL)$ 79,858,202 2018 (ACTUAL)$ 103,451,083 2017 (ACTUAL)$ 66,936,720 OVERALL PERCENTAGE CHANGE FROM 2017 TO 2021: 11.8% OVERALL DOLLAR CHANGE FROM 2017 TO 2021: $ 8,917,835 FIRST FULL FISCAL YEAR ESTIMATES: TOWN ESTIMATE OF THE MAXIMUM DOLLAR AMOUNT OF THE PROPOSED TAX INCREASE FOR FISCAL YEAR 2022 (THE FIRST FULL FISCAL YEAR OF THE PROPOSED TAX): BALLOT ISSUE NO. 2A: $ 4,500,000 TOWN ESTIMATED 2022 FISCAL YEAR SPENDING WITHOUT THE TAX INCREASE PROPOSED BY BALLOT ISSUE NO. 2A: $71,723,029 Summaries of Written Comments FOR Ballot Issue No. 2A: Accessible and attainable housing has always been a challenge for many individuals and families in the Vail community. However, the lack of available long-term rental and homeownership opportunities has never threatened our quality of life as it does today. Great people make a great community, and our teachers, firefighters, nurses, police, wait staff, sales clerks and baristas need a place to live. Simply put, if the housing crisis is not addressed, our way of life will be gone. Voter approval of Ballot Issue 2A will help address the housing crisis by creating a dedicated funding source for housing initiatives, developments, and programs now and in the future. The $3.5 million raised by the 0.5% sales tax increase will fund housing developments like Chamonix Neighborhood in West Vail, Residences at Main Vail, and the redevelopment of Timber Ridge. Another reason to vote for Ballot Issue 2A is to continue the Vail InDeed program. The program has already helped hundreds of Vail residents and their families find a home or stay in their home. In fact, among Vail’s 5,600 year-round residents, about 2,000 people live in the Town’s 930 deed-restricted homes. Nobody likes to increase their local sales taxes. Yet, a 0.5% sales tax increase that costs 50 cents on a $100 purchase and exempts food and groceries to create a dedicated funding source and address our housing crisis is affordable to most individuals and families in our community. Finally, the Vail sales tax has not been increased since 1974. Saving our quality of life and putting “local” back in Vail are good reasons to vote YES on Ballot Issue 2A. 2A is a pragmatic, thoughtful approach to addressing the workforce housing challenge in the Town of Vail. This ballot issue: 1. Demonstrates Vail’s commitment to the future through incorporating resident occupied workforce housing units/employee housing units in new developments and within currently developed units. Deed restrictions work and are a market-driven model to ensure future sustainable housing; 2. Supports the Vail InDeed program, which has great momentum and is being modeled around the country to address workforce housing solutions. 2A will allow this program to expand and create new workforce units; 3. Allow the Town of Vail to continue to be leaders in the development of workforce housing through appropriate in-fill locations and in areas designated and zoned for housing development; 4. Supports the climate action plan by reducing commuting times and reducing regional transit and transportation impacts to mitigate greenhouse gas emissions; 5. Supports Vail’s future as a sustainable community by ensuring a year-round community population; The lack of available housing creates pressures on the community in terms of employee attraction and retention, and in the employee experience working and living in Vail and Eagle County, with up to 95% of those reporting indicating workforce housing is a frustration. We want to ensure our community can remain competitive to keep locals local and encourage you to vote YES to support ballot issue 2A. Summaries of Written Comments AGAINST Ballot Issue No. 2A: No vote recommended: The Town of Vail has proposed a .05% increase in the sales tax (groceries exempted) to fund “ housing initiatives, housing developments and housing programs and related activities.” For a number of reasons, a No vote is urged on this tax increase. First, there are no defined purposes or restrictions in the ballot measure for how the tax will be spent other than it must be used for housing and “related activities.” That latter catch-all is a huge loophole that could be used to justified a lot of presently unknown and unannounced uses. When the matter was before the Council, it was said that the money would be used for the redevelopment of Timber Ridge, the Indeed program and some unidentified “CDOT properties” and Minturn references, but none of that is binding, making the tax increase a gigantic “trust me” proposition. Second, the tax increase was launched on the basis of polling that allegedly showed support for the tax. Too often those polling studies become self-fulfilling prophesies. Third, as originally conceived, the tax was supposed to fund the Vail Housing 2027 Strategic Plan. That plan was to acquire 1,000 housing units by 2027, six years from now. However, when it adopted the ballot issue the Council decided to extend the tax for 30 years, thereby, extending the housing plan for an additional 24 years and making it a “generational” tax. Fourth, there is already going to be a property tax increase because of the escalation in the real estate market over the recent past. County- wide residential property assessments are up 7.2%; in Vail there have been reassessments of up to 50%. Fifth, there is a matter of trust. Is it in the communities’ best interest to tum over $250 million or more to the Vail Local Housing Authority (VLHA) which so far has exercised no restraint in its efforts to build housing wherever it can, including on open space (both the Donavan Park Middle Bench and the West Middle Creek open space have been on its agenda) and on the golf course? As yet, the VLHA has not demonstrated that it can balance aesthetics and the environment with building more housing. Nor does Vail need more architecturally deficit big-box apartment buildings doting the landscape. Sixth, this proposed tax increase should be balanced against other needs that will require tax increases. Finally, had the purpose for this tax increase been precisely set out and had it been limited to just the remaining six years of the 2017 Housing Plan, it might have gained an endorsement. Other tax increases have been supported where there was a clear need and defined purpose and supports the provision of more workforce housing. But tying up a significant part of the Town’ s taxing ability for 30 years is imprudent, especially when it does not contain precise guardrails for its expenditure. For those reasons, a No vote on the sales tax increase is recommended. To: All REGISTERED VOTERS NOTICE OF ELECTION ON A REFERRED MEASURE TOWN OF AVON Election Date:November 2, 2021 Election Hours: 7:00 a.m. to 7:00 p.m. Local Election Official: Brenda Torres, Town Clerk Avon Town Hall 100 Mikaela Way Avon, Colorado 81620 (970) 748-4000 Ballot title and text: Short-Term Rental Tax for Community Housing SHALL THE TOWN OF AVON’S TAXES BE INCREASED BY ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) IN THE FIRST YEAR (2022), AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY LEVYING AN EXCISE TAX OF 2% ON THE AMOUNT CHARGED TO ANY PERSON LEASING A SHORT-TERM RENTAL UNIT, DEFINED AS LEASING ANY PROPERTY ASSESSED AS RESIDENTIAL BY THE EAGLE COUNTY ASSESSOR FOR A PERIOD LESS THAN THIRTY DAYS, FOR THE PURPOSE OF FUNDING COMMUNITY HOUSING, INCLUDING 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 ADMINSTRATION, DESIGN, LEGAL AND CONSULTING, ALL IN ACCORDANCE WITH ORDINANCE NO. 21-11 ADOPTED BY THE AVON TOWN COUNCIL, AND SHALL THE TOWN BE PERMITTED TO COLLECT, RETAIN, AND EXPEND ALL REVENUES DERIVED FROM SUCH TAX AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ___________YES/FOR ____________NO/AGAINST FISCAL INFORMATION Actual Histories and Current Estimated Fiscal Year Spending Year Fiscal Year Spending 2021 (estimated) $24,459,200 2020 (actual)$27,655,006 2019 (actual)$26,721,671 2018 (actual) $23,100,037 2017 (actual)$22,959,545 Overall percentage change in fiscal year spending over the five-year period from 2017 to 2021: 6.53% Overall dollar change in fiscal year spending over the five-year period from 2017 through 2021: $1,499,655 Proposed Tax Increase Town estimate of the Maximum Dollar Amount of the Proposed Tax Increase for Fiscal Year 2022 (the First Full Year of the Proposed Tax Increase): $1,500,000 Town estimate of 2022 Fiscal Year Spending Without Proposed Tax Increase: $25,959,200 Summary of Written Comments in SUPPORT of Ballot Question: The 2% Short Term Rental Tax will establish dedicated revenues for Community Housing in Avon. The lack of affordable housing is a very important issue in Avon that will require significant financial investment to create new affordable housing opportunities. 100% of the Short Term Rental Tax revenue will be dedicated to Avon’s Community Housing fund. Creating more affordable housing opportunities in Avon will both stabilize the Avon community as well as support local businesses by providing needed housing for employees. The 2% Short Term Rental Tax will apply to residential properties that are rented on AirBnB, VRBO, and other on-line short-term rental websites. This tax will be paid by visitors to Avon and will not be paid by residents or property owners. It is unlikely that the 2% tax increase will discourage visitors from staying in Avon because Avon’s lodging rates are less expensive than Beaver Creek or Vail. This tax will not apply to commercial hotels and lodges that are assessed as commercial properties. Summary of Written Comments in OPPOSITION of Ballot Question: This tax won’t benefit travelers, owners, or people trying to purchase real estate. People have no appetite for more taxes or regulations on what we can and can’t do with our property. Vote No! TO: ALL REGISTERED VOTERS NOTICE OF ELECTION TO INCREASE DEBT ON A REFERRED MEASURE TOWN OF BASALT, COLORADO EAGLE AND PITKIN COUNTIES, COLORADO Election Date and Hours: Tuesday, November 2, 2021, 7:00 AM to 7:00 PM Local election office address and phone number: Designated Election Official: Pamela Schilling, Town Clerk; Basalt Town Hall, 101 Midland Avenue, Basalt, CO, 81621; telephone number (970) 927-4701. Coordinated Election Official: Regina O’Brien, Eagle County Clerk and Recorder; 500 Broadway, PO Box 537, Eagle, Colorado, 81631; telephone number (970) 328-8715 Ballot Title and Text: 3A. Basalt Forward Program WITHOUT IMPOSING ANY NEW TAX, SHALL THE TOWN OF BASALT’S DEBT BE INCREASED BY $18,000,000, WITH A MAXIMUM TOTAL REPAYMENT COST OF NOT MORE THAN $23,065,450, FOR THE PURPOSE OF FINANCING THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, REPAIR, IMPROVEMENT, AND PROVISION OF THE FOLLOWING PROJECTS AS PART OF THE BASALT FORWARD PROGRAM: • INCREASING THE SUPPLY OF AFFORDABLE HOUSING IN THE TOWN MASTER PLAN’S URBAN GROWTH BOUNDARY, SUCH AS THROUGH PURCHASING REAL PROPERTY, PARTNERSHIPS WITH PRIVATE, NON-PROFIT, AND GOVERNMENT SECTORS, ACQUIRING DEED RESTRICTIONS, AND SUPPORTING HOUSING PROGRAMS; • STREETSCAPE, SIDEWALK, AND RELATED INFRASTRUCTURE IMPROVEMENTS ON MIDLAND AVENUE IN DOWNTOWN BASALT; • “GREEN” PROJECTS, SUCH AS SOLAR DEVELOPMENT, VEHICLE CHARGING STATIONS, AND OTHER IMPROVEMENTS; AND SHALL THE PROPERTY TAXES AUTHORIZED AT THE TOWN’S BOND ELECTIONS IN 2001 AND 2013 BE EXTENDED AND AUTHORIZED TO BE USED TO PAY THE DEBT AUTHORIZED AT THIS ELECTION IN ADDITION TO THE DEBT AUTHORIZED AT SUCH PRIOR ELECTIONS; AND SHALL SUCH TAXES BE LEVIED ANNUALLY AT A RATE SUFFICIENT TO PAY SUCH DEBT OR ANY REFUNDING DEBT WHEN DUE (OR TO CREATE A RESERVE FOR SUCH PAYMENT) BUT NOT MORE THAN $950,000 ANNUALLY; AND MAY SUCH DEBT BE EVIDENCED BY THE ISSUANCE OF GENERAL OBLIGATION BONDS OR OTHER MULTIPLE FISCAL YEAR OBLIGATIONS TO BE SOLD IN ONE SERIES OR MORE, FOR A PRICE ABOVE OR BELOW THE PRINCIPAL AMOUNT THEREOF, ON TERMS AND CONDITIONS, AND WITH SUCH MATURITIES AS PERMITTED BY LAW AND AS THE TOWN MAY DETERMINE? Total Town Fiscal Year Spending: Fiscal Year 2021 (estimated) $ 14,834,928 2020 (actual)$ 13,352,870 2019 (actual)$ 13,447,091 2018 (actual)$ 11,636,649 2017 (actual)$ 9,392,434 Overall percentage change from 2017 to 2021 58% Overall dollar change from 2017 to 2021 $5,442,494 Information on Town’s Proposed Debt BALLOT ISSUE NO. 3A: Principal Amount of Proposed Bonds: Not to exceed $18,000,000 Maximum Annual Town Repayment Cost: Not to exceed $950,000 Total Town Repayment Cost: Not to exceed $23,065,450 Information on Town’s Current Debt* Principal Amount Outstanding Debt: $1,529,000 Maximum Annual Repayment Cost:$ 950,000 Remaining Total Repayment Cost:$1,578,162 *Excluded from debt are enterprise and annual appropriation obligations. Summary of Written Comments FOR Ballot Issue 3A: Voting Yes on Issue 3A will allow the Town of Basalt to fund three projects identified in Basalt’s current Master Plan. Basalt residents worked together in 2019 and 2020 to develop a Master Plan that identified our community’s highest priorities over the coming years, including affordable housing, green initiatives, Midland Avenue streetscape and many other projects. Without raising taxes, Issue 3A authorizes the Town to issue up to $17 million in bonds to help finance three key projects that were listed in the Master Plan and then reviewed by the Town’s Capital Needs Committee and by residents and local business owners as part of this summer’s Basalt Forward 2030 community-engagement effort. Specifically, Issue 3A will: • Increase the Town of Basalt’s supply of affordable housing by purchasing land and property, partnering with private, nonprofit or government housing entities, acquiring deed restrictions, and/ or supporting housing programs; • Allow the Town to begin the Midland Avenue streetscape project in downtown, including improvements to sidewalks, lighting and other infrastructure, to help support local businesses and the Town’s economy; and • Develop Green Initiatives, including a solar project, vehicle- charging stations, energy-efficiency upgrades and other improvements, to help reduce the Town’s reliance on fossil fuels. If approved, Issue 3A will extend previously voter-approved property taxes that were used to repay bonds issued to complete the Basalt River Park and Old Pond Park projects. Since these will be fully paid by 2023, the Town can ask voters to extend the property taxes and then issue new bonds for the Master Plan projects. That will allow the Town to maintain its current property tax to fund these new capital-improvement projects while keeping property taxes the same for residents and local businesses. Using bonds is the most fiscally responsible way for the Town to finance these Master Plan projects. With inflation and rising construction costs, coupled with historically low bond interest rates, now is the time for Basalt to begin these projects before the price tag is out of reach. As part of the Town’s commitment to fiscal accountability, it has hired an independent, experienced construction manager to ensure that the Town manages costs, materials and timelines to maximize bond dollars and deliver quality projects for our community. Issue 3A deserves our community’s support. It allows Basalt to complete projects that were identified by community members in the Master Plan without raising taxes. Please be sure to vote Yes on 3A when your ballot arrives. Summary of Written Comments AGAINST Ballot Issue 3A: No comments were filed by the constitutional deadline. To: ALL REGISTERED VOTERS NOTICE OF ELECTION ON A REFERRED MEASURE WEST GRAND SCHOOL DISTRICT #1-JT Election Date:November 2, 2021 Election Hours: 7:00 a.m. to 7:00 p.m. Local Election Office Address and Telephone Number: Kylee Miller, DEO West Grand School District #1-JT. 715 Kinsey Ave. Kremmling, CO 970-724-3217 Ballot title and text: WEST GRAND SCHOOL DISTRICT #1-JT. BALLOT ISSUE 5A: SHALL WEST GRAND SCHOOL DISTRICT #1-JT. TAXES BE INCREASED BY $550,000 IN THE 2021-2022 BUDGET YEAR, AND ANNUALLY THEREAFTER, OR BY SUCH LESSER AMOUNT AS THE BOARD OF EDUCATION MAY ANNUALLY DETERMINE, BY THE IMPOSITION AND COLLECTION OF AN ADDITIONAL PROPERTY TAX LEVY SUFFICIENT TO PRODUCE THE AMOUNTS REFERENCED ABOVE FOR DEPOSIT IN THE DISTRICT’S GENERAL FUND FOR EDUCATIONAL PURPOSES TO BE APPROVED BY THE BOARD OF EDUCATION, INCLUDING, BUT NOT LIMITED TO IMPROVEMENT OF SCHOOL SECURITY; MAINTENANCE AND ENHANCEMENT OF INSTRUCTIONAL PROGRAMS; MAINTENANCE AND ENHANCEMENT OF INSTRUCTIONAL TECHNOLOGY; RECRUITMENT, TRAINING AND RETENTION OF HIGH QUALITY TEACHERS AND SUPPORT STAFF BY MAINTAINING COMPETITIVE SALARIES AND BENEFITS; AND CAPITAL NEEDS AND IMPROVEMENTS AND MAINTENANCE OF FACILITIES, WITH SUCH TAXES TO BE IN EXCESS OF PROPERTY TAX REVENUES THAT WOULD BE PROVIDED BY THE GENERAL FUND MILL LEVY PERMITTED UNDER STATE LAW WITHOUT SUCH INCREASE AND, TOGETHER WITH REVENUES FROM SPECIFIC OWNERSHIP TAXES ATTRIBUTABLE THERETO AND THE EARNINGS ON SUCH TAXES AND REVENUES, TO CONSTITUTE A VOTER APPROVED REVENUE AND SPENDING CHANGE UNDER, TO BE COLLECTED AND SPENT EACH YEAR WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF, AND WITHOUT AFFECTING THE DISTRICT’S ABILITY TO COLLECT AND SPEND OTHER REVENUES OR FUNDS UNDER, ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ___________YES/FOR ____________NO/AGAINST No comments were filed by the constitutional deadline. 1 2 3 TO ALL REGISTERED VOTERS NOTICE OF ELECTION TO INCREASE TAXES ON A REFERRED MEASURE TOWN OF VAIL, COLORADO Election Date & Hours: November 2, 2021, 7:00 a.m. to 7:00 p.m. Local Election Official: Tammy Nagel, Town Clerk 75 South Frontage Road West Vail, CO 81657 970-479-2136 Ballot Title: Authorization of an increase of 0.5% in the Town’s existing sales tax, other than on food for home consumption, to fund housing initiatives, housing developments and housing programs. Ballot Text: SHALL TOWN OF VAIL TAXES BE INCREASED $4,300,000 IN THE FIRST FISCAL YEAR AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY AN INCREASE OF 0.5% IN THE TOWN’S EXISTING SALES TAX (FROM 4.0% TO 4.5%), TO TAKE EFFECT ON JANUARY 1, 2022 AND TO TERMINATE ON DECEMBER 31, 2052; EXCEPT THAT FOOD FOR HOME CONSUMPTION SHALL BE EXEMPT FROM SUCH TAX INCREASE; WITH THE REVENUES FROM SUCH TAX INCREASE TO BE USED TO FUND HOUSING INITIATIVES, HOUSING DEVELOPMENTS AND HOUSING PROGRAMS AND RELATED ACTIVITIES INSIDE AND OUTSIDE THE TOWN; AND SHALL THE REVENUES FROM SUCH TAX INCREASE AND ANY INVESTMENT EARNINGS THEREON BE COLLECTED AND SPENT BY THE TOWN FOR THE ABOVE-STATED PURPOSES AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE- RAISING OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ___________YES/FOR ____________NO/AGAINST TOTAL TOWN FISCAL YEAR SPENDING: FISCAL YEAR 2021 (ESTIMATED)$ 75,854,555 2020 (ACTUAL)$ 74,228,594 2019 (ACTUAL)$ 79,858,202 2018 (ACTUAL)$ 103,451,083 2017 (ACTUAL)$ 66,936,720 OVERALL PERCENTAGE CHANGE FROM 2017 TO 2021: 11.8% OVERALL DOLLAR CHANGE FROM 2017 TO 2021: $ 8,917,835 FIRST FULL FISCAL YEAR ESTIMATES: TOWN ESTIMATE OF THE MAXIMUM DOLLAR AMOUNT OF THE PROPOSED TAX INCREASE FOR FISCAL YEAR 2022 (THE FIRST FULL FISCAL YEAR OF THE PROPOSED TAX): BALLOT ISSUE NO. 2A: $ 4,500,000 TOWN ESTIMATED 2022 FISCAL YEAR SPENDING WITHOUT THE TAX INCREASE PROPOSED BY BALLOT ISSUE NO. 2A: $71,723,029 Summaries of Written Comments FOR Ballot Issue No. 2A: Accessible and attainable housing has always been a challenge for many individuals and families in the Vail community. However, the lack of available long-term rental and homeownership opportunities has never threatened our quality of life as it does today. Great people make a great community, and our teachers, firefighters, nurses, police, wait staff, sales clerks and baristas need a place to live. Simply put, if the housing crisis is not addressed, our way of life will be gone. Voter approval of Ballot Issue 2A will help address the housing crisis by creating a dedicated funding source for housing initiatives, developments, and programs now and in the future. The $3.5 million raised by the 0.5% sales tax increase will fund housing developments like Chamonix Neighborhood in West Vail, Residences at Main Vail, and the redevelopment of Timber Ridge. Another reason to vote for Ballot Issue 2A is to continue the Vail InDeed program. The program has already helped hundreds of Vail residents and their families find a home or stay in their home. In fact, among Vail’s 5,600 year-round residents, about 2,000 people live in the Town’s 930 deed-restricted homes. Nobody likes to increase their local sales taxes. Yet, a 0.5% sales tax increase that costs 50 cents on a $100 purchase and exempts food and groceries to create a dedicated funding source and address our housing crisis is affordable to most individuals and families in our community. Finally, the Vail sales tax has not been increased since 1974. Saving our quality of life and putting “local” back in Vail are good reasons to vote YES on Ballot Issue 2A. 2A is a pragmatic, thoughtful approach to addressing the workforce housing challenge in the Town of Vail. This ballot issue: 1. Demonstrates Vail’s commitment to the future through incorporating resident occupied workforce housing units/employee housing units in new developments and within currently developed units. Deed restrictions work and are a market-driven model to ensure future sustainable housing; 2. Supports the Vail InDeed program, which has great momentum and is being modeled around the country to address workforce housing solutions. 2A will allow this program to expand and create new workforce units; 3. Allow the Town of Vail to continue to be leaders in the development of workforce housing through appropriate in-fill locations and in areas designated and zoned for housing development; 4. Supports the climate action plan by reducing commuting times and reducing regional transit and transportation impacts to mitigate greenhouse gas emissions; 5. Supports Vail’s future as a sustainable community by ensuring a year-round community population; The lack of available housing creates pressures on the community in terms of employee attraction and retention, and in the employee experience working and living in Vail and Eagle County, with up to 95% of those reporting indicating workforce housing is a frustration. We want to ensure our community can remain competitive to keep locals local and encourage you to vote YES to support ballot issue 2A. Summaries of Written Comments AGAINST Ballot Issue No. 2A: No vote recommended: The Town of Vail has proposed a .05% increase in the sales tax (groceries exempted) to fund “ housing initiatives, housing developments and housing programs and related activities.” For a number of reasons, a No vote is urged on this tax increase. First, there are no defined purposes or restrictions in the ballot measure for how the tax will be spent other than it must be used for housing and “related activities.” That latter catch-all is a huge loophole that could be used to justified a lot of presently unknown and unannounced uses. When the matter was before the Council, it was said that the money would be used for the redevelopment of Timber Ridge, the Indeed program and some unidentified “CDOT properties” and Minturn references, but none of that is binding, making the tax increase a gigantic “trust me” proposition. Second, the tax increase was launched on the basis of polling that allegedly showed support for the tax. Too often those polling studies become self-fulfilling prophesies. Third, as originally conceived, the tax was supposed to fund the Vail Housing 2027 Strategic Plan. That plan was to acquire 1,000 housing units by 2027, six years from now. However, when it adopted the ballot issue the Council decided to extend the tax for 30 years, thereby, extending the housing plan for an additional 24 years and making it a “generational” tax. Fourth, there is already going to be a property tax increase because of the escalation in the real estate market over the recent past. County- wide residential property assessments are up 7.2%; in Vail there have been reassessments of up to 50%. Fifth, there is a matter of trust. Is it in the communities’ best interest to tum over $250 million or more to the Vail Local Housing Authority (VLHA) which so far has exercised no restraint in its efforts to build housing wherever it can, including on open space (both the Donavan Park Middle Bench and the West Middle Creek open space have been on its agenda) and on the golf course? As yet, the VLHA has not demonstrated that it can balance aesthetics and the environment with building more housing. Nor does Vail need more architecturally deficit big-box apartment buildings doting the landscape. Sixth, this proposed tax increase should be balanced against other needs that will require tax increases. Finally, had the purpose for this tax increase been precisely set out and had it been limited to just the remaining six years of the 2017 Housing Plan, it might have gained an endorsement. Other tax increases have been supported where there was a clear need and defined purpose and supports the provision of more workforce housing. But tying up a significant part of the Town’ s taxing ability for 30 years is imprudent, especially when it does not contain precise guardrails for its expenditure. For those reasons, a No vote on the sales tax increase is recommended. To: All REGISTERED VOTERS NOTICE OF ELECTION ON A REFERRED MEASURE TOWN OF AVON Election Date:November 2, 2021 Election Hours:7:00 a.m. to 7:00 p.m. Local Election Official: Brenda Torres, Town Clerk Avon Town Hall 100 Mikaela Way Avon, Colorado 81620 (970) 748-4000 Ballot title and text: Short-Term Rental Tax for Community Housing SHALL THE TOWNOF AVON’S TAXES BE INCREASED BY ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) IN THE FIRST YEAR (2022), AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY LEVYING AN EXCISE TAX OF 2% ON THE AMOUNT CHARGED TO ANY PERSON LEASING A SHORT-TERM RENTAL UNIT, DEFINED AS LEASING ANY PROPERTY ASSESSED AS RESIDENTIAL BY THE EAGLE COUNTY ASSESSOR FOR A PERIOD LESS THAN THIRTY DAYS, FOR THE PURPOSE OF FUNDING COMMUNITY HOUSING, INCLUDING 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 ADMINSTRATION, DESIGN, LEGAL AND CONSULTING, ALL IN ACCORDANCE WITH ORDINANCE NO. 21-11 ADOPTED BY THE AVON TOWN COUNCIL, AND SHALL THE TOWN BE PERMITTED TO COLLECT, RETAIN, AND EXPEND ALL REVENUES DERIVED FROM SUCH TAX AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ___________YES/FOR____________NO/AGAINST FISCAL INFORMATION Actual Histories and Current Estimated Fiscal Year Spending YearFiscal Year Spending 2021 (estimated)$24,459,200 2020 (actual)$27,655,006 2019 (actual)$26,721,671 2018 (actual) $23,100,037 2017 (actual)$22,959,545 Overall percentage change in fiscal year spending over the five-year period from 2017 to 2021: 6.53% Overall dollar change in fiscal year spending over the five-year period from 2017 through 2021: $1,499,655 Proposed Tax Increase Town estimate of the Maximum Dollar Amount of the Proposed Tax Increase for Fiscal Year 2022 (the First Full Year of the Proposed Tax Increase): $1,500,000 Town estimate of 2022 Fiscal Year Spending Without Proposed Tax Increase: $25,959,200 Summary of Written Comments in SUPPORT of Ballot Question: The 2% Short Term Rental Tax will establish dedicated revenues for Community Housing in Avon. The lack of affordable housing is a very important issue in Avon that will require significant financial investment to create new affordable housing opportunities. 100% of the Short Term Rental Tax revenue will be dedicated to Avon’s Community Housing fund. Creating more affordable housing opportunities in Avon will both stabilize the Avon community as well as support local businesses by providing needed housing for employees. The 2% Short Term Rental Tax will apply to residential properties that are rented on AirBnB, VRBO, and other on-line short-term rental websites. This tax will be paid by visitors to Avon and will not be paid by residents or property owners. It is unlikely that the 2% tax increase will discourage visitors from staying in Avon because Avon’s lodging rates are less expensive than Beaver Creek or Vail. This tax will not apply to commercial hotels and lodges that are assessed as commercial properties. Summary of Written Comments in OPPOSITION of Ballot Question: This tax won’t benefit travelers, owners, or people trying to purchase real estate. People have no appetite for more taxes or regulations on what we can and can’t do with our property. Vote No! TO: ALL REGISTERED VOTERS NOTICE OF ELECTION TO INCREASE DEBT ON A REFERRED MEASURE TOWN OF BASALT, COLORADO EAGLE AND PITKIN COUNTIES, COLORADO Election Date and Hours: Tuesday,November 2,2021, 7:00 AM to 7:00 PM Local election office address and phone number: Designated Election Official: Pamela Schilling, Town Clerk; Basalt Town Hall, 101 Midland Avenue, Basalt, CO, 81621; telephone number (970) 927-4701. Coordinated Election Official: Regina O’Brien, Eagle County Clerk and Recorder; 500 Broadway, PO Box 537, Eagle, Colorado, 81631; telephone number (970) 328-8715 Ballot Title and Text: 3A. Basalt Forward Program WITHOUT IMPOSING ANY NEW TAX, SHALL THE TOWN OF BASALT’S DEBT BE INCREASED BY $18,000,000, WITH A MAXIMUM TOTAL REPAYMENT COST OF NOT MORE THAN $23,065,450, FOR THE PURPOSE OF FINANCING THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, REPAIR, IMPROVEMENT, AND PROVISION OF THE FOLLOWING PROJECTS AS PART OF THE BASALT FORWARD PROGRAM: • INCREASING THE SUPPLY OF AFFORDABLE HOUSING IN THE TOWN MASTER PLAN’S URBAN GROWTH BOUNDARY, SUCH AS THROUGH PURCHASING REAL PROPERTY, PARTNERSHIPS WITH PRIVATE, NON-PROFIT, AND GOVERNMENT SECTORS, ACQUIRING DEED RESTRICTIONS, AND SUPPORTING HOUSING PROGRAMS; • STREETSCAPE, SIDEWALK, AND RELATED INFRASTRUCTURE IMPROVEMENTS ON MIDLAND AVENUE IN DOWNTOWN BASALT; • “GREEN” PROJECTS, SUCH AS SOLAR DEVELOPMENT, VEHICLE CHARGING STATIONS, AND OTHER IMPROVEMENTS; AND SHALL THE PROPERTY TAXES AUTHORIZED AT THE TOWN’S BOND ELECTIONS IN 2001 AND 2013 BE EXTENDED AND AUTHORIZED TO BE USED TO PAY THE DEBT AUTHORIZED AT THIS ELECTION IN ADDITION TO THE DEBT AUTHORIZED AT SUCH PRIOR ELECTIONS; AND SHALL SUCH TAXES BE LEVIED ANNUALLY AT A RATE SUFFICIENT TO PAY SUCH DEBT OR ANY REFUNDING DEBT WHEN DUE (OR TO CREATE A RESERVE FOR SUCH PAYMENT) BUT NOT MORE THAN $950,000 ANNUALLY; AND MAY SUCH DEBT BE EVIDENCED BY THE ISSUANCE OF GENERAL OBLIGATION BONDS OR OTHER MULTIPLE FISCAL YEAR OBLIGATIONS TO BE SOLD IN ONE SERIES OR MORE, FOR A PRICE ABOVE OR BELOW THE PRINCIPAL AMOUNT THEREOF, ON TERMS AND CONDITIONS, AND WITH SUCH MATURITIES AS PERMITTED BY LAW AND AS THE TOWN MAY DETERMINE? Total Town Fiscal Year Spending: Fiscal Year 2021 (estimated) $ 14,834,928 2020 (actual)$ 13,352,870 2019 (actual)$ 13,447,091 2018 (actual)$ 11,636,649 2017 (actual)$ 9,392,434 Overall percentage change from 2017 to 2021 58% Overall dollar change from 2017 to 2021 $5,442,494 Information on Town’s Proposed Debt BALLOT ISSUE NO. 3A: Principal Amount of Proposed Bonds: Not to exceed $18,000,000 Maximum Annual Town Repayment Cost: Not to exceed $950,000 Total Town Repayment Cost: Not to exceed $23,065,450 Information on Town’s Current Debt* Principal Amount Outstanding Debt: $1,529,000 Maximum Annual Repayment Cost: $ 950,000 Remaining Total Repayment Cost: $1,578,162 *Excluded from debt are enterprise and annual appropriation obligations. Summary of Written Comments FOR Ballot Issue 3A: Voting Yes on Issue 3A will allow the Town of Basalt to fund three projects identified in Basalt’s current Master Plan. Basalt residents worked together in 2019 and 2020 to develop a Master Plan that identified our community’s highest priorities over the coming years, including affordable housing, green initiatives, Midland Avenue streetscape and many other projects. Without raising taxes, Issue 3A authorizes the Town to issue up to $17 million in bonds to help finance three key projects that were listed in the Master Plan and then reviewed by the Town’s Capital Needs Committee and by residents and local business owners as part of this summer’s Basalt Forward 2030 community-engagement effort. Specifically, Issue 3A will: • Increase the Town of Basalt’s supply of affordable housing by purchasing land and property, partnering with private, nonprofit or government housing entities, acquiring deed restrictions, and/ or supporting housing programs; • Allow the Town to begin the Midland Avenue streetscape project in downtown, including improvements to sidewalks, lighting and other infrastructure, to help support local businesses and the Town’s economy; and • Develop Green Initiatives, including a solar project, vehicle- charging stations, energy-efficiency upgrades and other improvements, to help reduce the Town’s reliance on fossil fuels. If approved, Issue 3A will extend previously voter-approved property taxes that were used to repay bonds issued to complete the Basalt River Park and Old Pond Park projects. Since these will be fully paid by 2023, the Town can ask voters to extend the property taxes and then issue new bonds for the Master Plan projects. That will allow the Town to maintain its current property tax to fund these new capital-improvement projects while keeping property taxes the same for residents and local businesses. Using bonds is the most fiscally responsible way for the Town to finance these Master Plan projects. With inflation and rising construction costs, coupled with historically low bond interest rates, now is the time for Basalt to begin these projects before the price tag is out of reach. As part of the Town’s commitment to fiscal accountability, it has hired an independent, experienced construction manager to ensure that the Town manages costs, materials and timelines to maximize bond dollars and deliver quality projects for our community. Issue 3A deserves our community’s support. It allows Basalt to complete projects that were identified by community members in the Master Plan without raising taxes. Please be sure to vote Yes on 3A when your ballot arrives. Summary of Written Comments AGAINST Ballot Issue 3A: No comments were filed by the constitutional deadline. To: ALL REGISTERED VOTERS NOTICE OF ELECTION ON A REFERRED MEASURE WEST GRAND SCHOOL DISTRICT #1-JT Election Date: November 2, 2021 Election Hours: 7:00 a.m. to 7:00 p.m. Local Election Office Address and Telephone Number: Kylee Miller, DEO West Grand School District #1-JT. 715 Kinsey Ave. Kremmling, CO 970-724-3217 Ballot title and text: WEST GRAND SCHOOL DISTRICT #1-JT. BALLOT ISSUE 5A: SHALL WEST GRAND SCHOOL DISTRICT #1-JT. TAXES BE INCREASED BY $550,000 IN THE 2021-2022 BUDGET YEAR, AND ANNUALLY THEREAFTER, OR BY SUCH LESSER AMOUNT AS THE BOARD OF EDUCATION MAY ANNUALLY DETERMINE, BY THE IMPOSITION AND COLLECTION OF AN ADDITIONAL PROPERTY TAX LEVY SUFFICIENT TO PRODUCE THE AMOUNTS REFERENCED ABOVE FOR DEPOSIT IN THE DISTRICT’S GENERAL FUND FOR EDUCATIONAL PURPOSES TO BE APPROVED BY THE BOARD OF EDUCATION, INCLUDING, BUT NOT LIMITED TO IMPROVEMENT OF SCHOOL SECURITY; MAINTENANCE AND ENHANCEMENT OF INSTRUCTIONAL PROGRAMS; MAINTENANCE AND ENHANCEMENT OF INSTRUCTIONAL TECHNOLOGY; RECRUITMENT, TRAINING AND RETENTION OF HIGH QUALITY TEACHERS AND SUPPORT STAFF BY MAINTAINING COMPETITIVE SALARIES AND BENEFITS; AND CAPITAL NEEDS AND IMPROVEMENTS AND MAINTENANCE OF FACILITIES, WITH SUCH TAXES TO BE IN EXCESS OF PROPERTY TAX REVENUES THAT WOULD BE PROVIDED BY THE GENERAL FUND MILL LEVY PERMITTED UNDER STATE LAW WITHOUT SUCH INCREASE AND, TOGETHER WITH REVENUES FROM SPECIFIC OWNERSHIP TAXES ATTRIBUTABLE THERETO AND THE EARNINGS ON SUCH TAXES AND REVENUES, TO CONSTITUTE A VOTER APPROVED REVENUE AND SPENDING CHANGE UNDER, TO BE COLLECTED AND SPENT EACH YEAR WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF, AND WITHOUT AFFECTING THE DISTRICT’S ABILITY TO COLLECT AND SPEND OTHER REVENUES OR FUNDS UNDER, ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ___________YES/FOR ____________NO/AGAINST No comments were filed by the constitutional deadline. 12 3 TO: ALL REGISTERED VOTERS ELECTION MATERIAL RETURN SERVICE REQUESTED Regina O’Brien Eagle County Clerk and Recorder P.O. Box 537 Eagle, CO 81631 NONPROFIT ORG U.S. POSTAGE PAID GLENWOOD SPGS, CO PERMIT NO. 22 COORDINATED ELECTION November 2, 2021 Eagle County, Colorado IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE X, SECTION 20 OF THE STATE CONSTITUTION Election Date: Tuesday, November 2, 2021 Election Type: Mail Ballot Election Hours: 7 a.m. to 7 p.m. All active registered voters will be mailed ballots on October 8, 2021. The ballot issued to you will only contain those questions on which you are eligible to vote based on your place of residence listed on your voter registration. Voter registration changes can be made online by visiting GoVoteColorado.gov. The last day to request a ballot to be mailed is October 25, 2021. Voters who make changes to their registration online after October 25, 2021 must visit a Voter Service and Polling Center to obtain a ballot. Services available at Voter Service and Polling Centers include voter registration up to and including Election Day, accessible voting, in-person voting, ballot drop boxes and replacement ballots. ADA accessible voting machines are available at any Voter Service and Polling Center. The information contained in this notice was prepared by persons required by law to provide summaries of ballot issues and fiscal information. Eagle County Elections 970-328-8715 elections@eaglecounty.us 24-Hour Ballot Box Locations - Open October 8 Eagle Clerk and Recorder’s Office 500 Broadway Eagle, CO 81631 Edwards Mountain Recreation Field House 450 Miller Ranch Rd. Edwards, CO 81632 Town of Gypsum 50 Lundgren Blvd. Gypsum, CO 81637 Avon Clerk and Recorder’s Office 100 W. Beaver Creek Blvd. Avon, CO 81620 Town of Basalt 101 Midland Ave. Basalt, CO 81621 El Jebel Clerk and Recorder’s Office 20 Eagle County Dr. El Jebel, CO 81623 Town of Vail 75 S. Frontage Rd. W. Vail, CO 81657 Dates and HoursVoter Service andPolling Centers Weekdays: Oct 25 – Nov 1 8 a.m. – 5 p.m. Saturday: Oct 30 9 a.m. – 1 p.m. Election Day: Nov 2 7 a.m. – 7 p.m. Thursday: Oct 28 1 p.m. – 5 p.m. Friday: Oct 29 8 a.m. – 5 p.m. Saturday: Oct 30 9 a.m. – 1 p.m. Monday: Nov 1 8 a.m. – 5 p.m. Election Day: Nov 2 7 a.m. – 7 p.m. Eagle Clerk and Recorder’s Office 500 Broadway Eagle, CO 81631 Town of Avon Municipal Office 100 Mikaela Way Avon, CO 81620 El Jebel Clerk and Recorder’s Office 20 Eagle County Dr. El Jebel, CO 81623 The Grand View Atop the Lionshead Parking Structure 395 S. Frontage Rd. W. Vail, CO 81657 5 Year Fiscal Information Fiscal Year Ending 06/30/2021 (projected) Revenues:$6,015,313 Expenditures:$6,011,123 Ending Fund Balance: $1,035,732 Fiscal Year Ending 06/30/2020 Audited Revenues:$6,414,423 Expenditures:$5,960,435 Ending Fund Balance: $1,972,332 Fiscal Year Ending 06/30/2019 Audited Revenues:$6,025,489 Expenditures:$5,426,369 Ending Fund Balance: $2,257,694 Fiscal Year Ending 06/30/2018 Audited Revenues:$5,428,932 Expenditures:$4,938,336 Ending Fund Balance: $2,427,965 Fiscal Year Ending 06/30/2017 Audited Revenues:$5,242,141 Expenditures:$4,639,307 Ending Fund Balance: $2,501,121 West Grand School District #1-JT audited financial statements are available at West Grand School District Office, 715 Kinsey Avenue, Kremmling, Colorado, between the hours of 8:00 am - 4:30 pm, Monday - Thursday. Audited financial statements are also, available on our webpage, www.wgsd.us West Grand School District 1-Jt emergency reserve required by TABOR has been and is currently funded by cash. The expenditure overall dollar change from the period from fiscal year ending 06/30/2017 to fiscal year ending 06/30/2020 is an increase of $1,321,128. The overall percentage change for the same period is an increase of 28.5%. TO ALL REGISTERED VOTERS NOTICE OF ELECTION on a referred measure ROARING FORK SCHOOL DISTRICT GARFIELD, EAGLE, AND PITKIN COUNTIES, COLORADO Election Date & Hours: Tuesday, November 2, 2021; Election by Mail Ballot Designated Election Official: Angie Davlyn, Roaring Fork School District, 400 Sopris Ave., Carbondale CO 81623; telephone number (970) 384-6013 Coordinated Election Official: Regina O’Brien, Eagle County Clerk and Recorder; 500 Broadway, PO Box 537, Eagle, Colorado, 81631; telephone number (970) 328-8715 Ballot title and text: Roaring Fork School District Ballot Issue 5B: Mill Levy Override SHALL ROARING FORK SCHOOL DISTRICT NO. RE-1 TAXES BE INCREASED BY A MAXIMUM OF $7.7 MILLION ANNUALLY IN 2022 AND IN EACH YEAR THEREAFTER AS ADJUSTED ANNUALLY FOR INFLATION TO PAY FOR: • INCREASING TEACHER AND STAFF SALARIES TO A LIVING WAGE; AND • STUDENT, TEACHER AND STAFF RETENTION AND RECRUITMENT EFFORTS; WITH SUCH TAXES TO BE DEPOSITED INTO THE DISTRICT’S GENERAL FUND, THE REVENUES AND EXPENDITURES OF WHICH ARE SUBJECT TO AN ANNUAL AUDIT CONDUCTED BY AN INDEPENDENT AUDITOR, AND PROVIDED THAT NO REVENUE FROM THIS TAX WILL BE USED FOR SENIOR DISTRICT LEADERSHIP SALARIES, SUCH TAX INCREASE TO BE AN ADDITIONAL PROPERTY TAX MILL LEVY SUFFICIENT TO PRODUCE THE AMOUNT SPECIFIED ABOVE? _____ YES/FOR _____ NO/AGAINST ACTUAL HISTORICAL AND CURRENT ESTIMATED FISCAL YEAR SPENDING INFORMATION Fiscal Year 2022 (estimated) Expenditures:$63,871,346 $ Change: $6,696,728 % Change:12% Fiscal Year Ending 2021 (estimated) Expenditures:$57,174,618 $ Change:-$5,968,121 % Change:$1,972,332 2020 Expenditures:$63,142,739 $ Change:$921,360 % Change:1% 2019 Expenditures:$62,221,379 $ Change:$4,417,535 % Change:8% 2018 Expenditures:$57,803,844 Overall change form 2018-2022 $ Change:$6,067,502 % Change:10% Estimate the maximum dollar amount of the proposed tax increase for fiscal year 2022 (the first full year of the proposed tax increase): $7,700,000 Anticipated tax revenue without the tax increase: $66,744,779 Summaries of written comments filed with the election officer: The following summaries were prepared from comments filed by persons FOR Roaring Fork School District Ballot Issue 5B: Mill Levy Override No comments were filed by the constitutional deadline. The following summaries were prepared from comments filed by persons AGAINST Roaring Fork School District Ballot Issue 5B: Mill Levy Override No comments were filed by the constitutional deadline. TO: ALL REGISTERED VOTERS Notice of Election to Increase Taxes on a Referred Measure MOUNTAIN RECREATION METROPOLITAN DISTRICT Eagle County, Colorado Election Date: Tuesday, November 2, 2021 Election Hours: 7:00 a.m. to 7:00 p.m. Local Election Office Address and Telephone Number: Marchetti & Weaver 28 Second St. Suite 213 Edwards, CO 81632 Telephone: (970) 926-6060 Ballot Title and Text: BALLOT ISSUE NO. 6A: SHALL MOUNTAIN RECREATION METROPOLITAN DISTRICT TAXES BE INCREASED UP TO $3.813 MILLION IN TAX COLLECTION YEAR 2022 AND BY WHATEVER AMOUNT IS GENERATED ANNUALLY THEREAFTER FROM AN INCREASE IN THE DISTRICT’S MILL LEVY OF 4.505 MILLS (FOR A TOTAL MAXIMUM MILL LEVY OF 8.155 MILLS) PROVIDED THAT THE DISTRICT MAY ADJUST ITS MAXIMUM MILL LEVY IN ANY YEAR TO OFFSET PROPERTY TAX REFUNDS OR ABATEMENTS OR REDUCTIONS IN THE PERCENTAGE OF ACTUAL VALUATION USED TO DETERMINE ASSESSED VALUATION AND THE PROCEEDS OF SUCH TAX INCREASE SHALL BE USED TO PAY DISTRICT OPERATIONS AND MAINTENANCE COSTS AND FUND THE ALL ACCESS REC PROGRAM INCLUDING: • RENOVATING AND EXPANDING RECREATION FACILITIES IN EDWARDS, EAGLE, AND GYPSUM TO PROVIDE NEW RECREATION SPACES, EQUIPMENT, AND PROGRAMS AND COMMUNITY HEALTH AND WELLBEING SERVICES FOR CHILDREN, TEENS, ADULTS, FAMILIES, AND SENIORS; • PROVIDING YEAR-ROUND ACCESS FOR ALL WITH UPDATED AND NEW COMMUNITY SPACES, BEHAVIORAL HEALTH PROGRAMS, LOCAL NONPROFIT SERVICES, AND SOCIAL ACTIVITIES TO IMPROVE THE QUALITY OF LIFE FOR OUR COMMUNITY; AND • IMPROVING TRAILHEAD, SWIMMING, AND RECREATIONAL FACILITIES TO PROVIDE MORE ACCESS FOR ACTIVE OUTDOOR RECREATION, SUMMER CAMPS, AND YOUTH AND ADULT RECREATION PROGRAMS AND ACTIVITIES; ALL REVENUES OF THE DISTRICT SHALL BE COLLECTED, RETAINED, AND SPENT AS A VOTER APPROVED REVENUE CHANGE WITHOUT REGARD TO ANY LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW BUT WITH OVERSIGHT OF THE EXPENDITURE OF FUNDS BY THE ELECTED BOARD OF DIRECTORS AND SUBJECT TO INDEPENDENT AUDIT PUBLISHED ON THE DISTRICT WEBSITE? Total District Fiscal Year Spending Fiscal Year 2021 (estimated) $ 5,141,899 2020 (actual) $ 4,910,718 2019 (actual) $ 5,641,699 2018 (actual) $ 5,247,028 2017 (actual) $ 4,914,494 Overall percentage change from 2017 to 2021 4.63 % Overall dollar change from 2017 to 2021 $227,405 Proposed Tax Increase District Estimate of the Maximum Dollar Amount of the Proposed Tax Increase For Fiscal Year 2022 (the First Full Fiscal Year of the Proposed Tax Increase): BALLOT ISSUE NO. 6A: $3,813,000 District Estimate of 2022 Fiscal Year Spending Without Proposed Tax Increase: $6,082,234 Summary of Written Comments FOR Ballot Issue No. 6A: Voting YES on 6A (All Access Rec) allows Mountain Recreation Metropolitan District to improve its facilities and enhance programs for kids, families, adults and seniors. Voting YES on 6A recognizes that recreation and exercise plays an important role in individual and community health and wellbeing. Voting YES on 6A signifies an investment in our community that reaches across age, cultural and economic divides. It is a vote to preserve and enhance quality of life for the district’s year-round residents. THE ISSUE Mountain Rec plays a vital role in meeting the physical and emotional health needs of Eagle County, but our facilities were built to serve about half of the current population. Facilities and programs are over capacity and struggling to meet demands. Complicating matters further, the district’s population has almost doubled over the past 20 years and will likely continue to grow. THE SOLUTION Mountain Rec has worked with the community, local businesses, nonprofits and local governments over the past three years to identify and prioritize the most important upgrades and improvements to the district’s facilities. The result is the All Access Rec program (6A). WHAT DOES A YES VOTE MEAN FOR YOU? • Transforming Mountain Rec’s current facilities into community centers and social hubs for children, teens, adults, families and seniors. It’s a smart investment in our community’s overall mental and physical health. • Year-round access to new community spaces, behavioral health programs and social activities. • The All Access Rec pass which includes access to all Mountain Rec Facilities for one low rate. • Improvements to trailhead, swimming, and recreational facilities to provide more access for active outdoor recreation and summer camps. • Improved amenities, venues and facilities for clubs, leagues and youth and adult recreation programs, among them basketball, baseball/softball, hockey/ice skating, lacrosse, pickleball and more. The district’s board incorporated thoughtful community feedback and lowered the overall cost of 6A by $20 million. Additionally, the district’s foundation is diligently working with community partners to raise additional funds, with $6 million already raised. With the passage of 6A, significant additional grant dollars also become possible. The district’s work to reduce the cost reinforces its conservative fiscal track record. Mountain Rec’s previous mill levy increase came nearly 20 years ago, and the district’s last bond was paid off 10 years early. In addition, Mountain Rec is working with an independent, experienced construction manager to manage costs and timelines to deliver these projects on time and on (or under) budget. With constructioncosts on the rise, our window of possibility is closing. Planned improvements will cost the average homeowner about $18 a month, but the return to the community is substantial. 6A solves our current issues and lays the groundwork to meet the needs of a rapidly growing community. By pairing our capable and dedicated staff with your support we can achieve something truly amazing. Together, we can make our valley a better place to live. Please vote Yes on 6A when your ballot arrives. Summary of Written Comments AGAINST Ballot Issue No. 6A: No comments were filed by the constitutional deadline. As required by Colorado Revised Statutes (C.R.S. § 1-7-905), I hereby certify the ballot issue notices are complete as submitted by the political subdivisions. Regina O’Brien, Eagle County Clerk & Recorder. 4 5 TO: ALL REGISTERED VOTERS ELECTION MATERIAL RETURN SERVICE REQUESTED Regina O’Brien Eagle County Clerk and Recorder P.O. Box 537 Eagle, CO 81631 NONPROFIT ORG U.S. POSTAGE PAID GLENWOOD SPGS, CO PERMIT NO. 22 COORDINATED ELECTION November 2, 2021 Eagle County, Colorado IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE X, SECTION 20 OF THE STATE CONSTITUTION Election Date: Tuesday, November 2, 2021 Election Type: Mail Ballot Election Hours: 7 a.m. to 7 p.m. All active registered voters will be mailed ballots on October 8, 2021. The ballot issued to you will only contain those questions on which you are eligible to vote based on your place of residence listed on your voter registration. Voter registration changes can be made online by visiting GoVoteColorado.gov. The last day to request a ballot to be mailed is October 25, 2021. Voters who make changes to their registration online after October 25, 2021 must visit a Voter Service and Polling Center to obtain a ballot. Services available at Voter Service and Polling Centers include voter registration up to and including Election Day, accessible voting, in-person voting, ballot drop boxes and replacement ballots. ADA accessible voting machines are available at any Voter Service and Polling Center. The information contained in this notice was prepared by persons required by law to provide summaries of ballot issues and fiscal information. Eagle County Elections 970-328-8715 elections@eaglecounty.us 24-Hour Ballot Box Locations - Open October 8 Eagle Clerk and Recorder’s Office 500 Broadway Eagle, CO 81631 Edwards Mountain Recreation Field House 450 Miller Ranch Rd. Edwards, CO 81632 Town of Gypsum 50 Lundgren Blvd. Gypsum, CO 81637 Avon Clerk and Recorder’s Office 100 W. Beaver Creek Blvd. Avon, CO 81620 Town of Basalt 101 Midland Ave. Basalt, CO 81621 El Jebel Clerk and Recorder’s Office 20 Eagle County Dr. El Jebel, CO 81623 Town of Vail 75 S. Frontage Rd. W. Vail, CO 81657 Dates and HoursVoter Service andPolling Centers Weekdays: Oct 25 – Nov 1 8 a.m. – 5 p.m. Saturday: Oct 30 9 a.m. – 1 p.m. Election Day: Nov 2 7 a.m. – 7 p.m. Thursday: Oct 28 1 p.m. – 5 p.m. Friday: Oct 29 8 a.m. – 5 p.m. Saturday: Oct 30 9 a.m. – 1 p.m. Monday: Nov 1 8 a.m. – 5 p.m. Election Day: Nov 2 7 a.m. – 7 p.m. Eagle Clerk and Recorder’s Office 500 Broadway Eagle, CO 81631 Town of Avon Municipal Office 100 Mikaela Way Avon, CO 81620 El Jebel Clerk and Recorder’s Office 20 Eagle County Dr. El Jebel, CO 81623 The Grand View Atop the Lionshead Parking Structure 395 S. Frontage Rd. W. Vail, CO 81657 5 Year Fiscal Information Fiscal Year Ending 06/30/2021 (projected) Revenues:$6,015,313 Expenditures:$6,011,123 Ending Fund Balance: $1,035,732 Fiscal Year Ending 06/30/2020 Audited Revenues:$6,414,423 Expenditures:$5,960,435 Ending Fund Balance: $1,972,332 Fiscal Year Ending 06/30/2019 Audited Revenues:$6,025,489 Expenditures:$5,426,369 Ending Fund Balance: $2,257,694 Fiscal Year Ending 06/30/2018 Audited Revenues:$5,428,932 Expenditures:$4,938,336 Ending Fund Balance: $2,427,965 Fiscal Year Ending 06/30/2017 Audited Revenues:$5,242,141 Expenditures:$4,639,307 Ending Fund Balance: $2,501,121 West Grand School District #1-JT audited financial statements are available at West Grand School District Office, 715 Kinsey Avenue, Kremmling, Colorado, between the hours of 8:00 am - 4:30 pm, Monday - Thursday. Audited financial statements are also, available on our webpage, www.wgsd.us West Grand School District 1-Jt emergency reserve required by TABOR has been and is currently funded by cash. The expenditure overall dollar change from the period from fiscal year ending 06/30/2017 to fiscal year ending 06/30/2020 is an increase of $1,321,128. The overall percentage change for the same period is an increase of 28.5%. TO ALL REGISTERED VOTERS NOTICE OF ELECTION on a referred measure ROARING FORK SCHOOL DISTRICT GARFIELD, EAGLE, AND PITKIN COUNTIES, COLORADO Election Date & Hours: Tuesday, November 2, 2021; Election by Mail Ballot Designated Election Official: Angie Davlyn, Roaring Fork School District, 400 Sopris Ave., Carbondale CO 81623; telephone number (970) 384-6013 Coordinated Election Official: Regina O’Brien, Eagle County Clerk and Recorder; 500 Broadway, PO Box 537, Eagle, Colorado, 81631; telephone number (970) 328-8715 Ballot title and text: Roaring Fork School District Ballot Issue 5B: Mill Levy Override SHALL ROARING FORK SCHOOL DISTRICT NO. RE-1 TAXES BE INCREASED BY A MAXIMUM OF $7.7 MILLION ANNUALLY IN 2022 AND IN EACH YEAR THEREAFTER AS ADJUSTED ANNUALLY FOR INFLATION TO PAY FOR: • INCREASING TEACHER AND STAFF SALARIES TO A LIVING WAGE; AND • STUDENT, TEACHER AND STAFF RETENTION AND RECRUITMENT EFFORTS; WITH SUCH TAXES TO BE DEPOSITED INTO THE DISTRICT’S GENERAL FUND, THE REVENUES AND EXPENDITURES OF WHICH ARE SUBJECT TO AN ANNUAL AUDIT CONDUCTED BY AN INDEPENDENT AUDITOR, AND PROVIDED THAT NO REVENUE FROM THIS TAX WILL BE USED FOR SENIOR DISTRICT LEADERSHIP SALARIES, SUCH TAX INCREASE TO BE AN ADDITIONAL PROPERTY TAX MILL LEVY SUFFICIENT TO PRODUCE THE AMOUNT SPECIFIED ABOVE? _____ YES/FOR _____ NO/AGAINST ACTUAL HISTORICAL AND CURRENT ESTIMATED FISCAL YEAR SPENDING INFORMATION Fiscal Year 2022 (estimated) Expenditures:$63,871,346 $ Change:$6,696,728 % Change:12% Fiscal Year Ending 2021 (estimated) Expenditures:$57,174,618 $ Change:-$5,968,121 % Change:$1,972,332 2020 Expenditures:$63,142,739 $ Change:$921,360 % Change:1% 2019 Expenditures:$62,221,379 $ Change:$4,417,535 % Change:8% 2018 Expenditures:$57,803,844 Overall change form 2018-2022 $ Change:$6,067,502 % Change:10% Estimate the maximum dollar amount of the proposed tax increase for fiscal year 2022 (the first full year of the proposed tax increase): $7,700,000 Anticipated tax revenue without the tax increase: $66,744,779 Summaries of written comments filed with the election officer: The following summaries were prepared from comments filed by persons FOR Roaring Fork School District Ballot Issue 5B: Mill Levy Override No comments were filed by the constitutional deadline. The following summaries were prepared from comments filed by persons AGAINST Roaring Fork School District Ballot Issue 5B: Mill Levy Override No comments were filed by the constitutional deadline. TO: ALL REGISTERED VOTERS Notice of Election to Increase Taxes on a Referred Measure MOUNTAIN RECREATION METROPOLITAN DISTRICT Eagle County, Colorado Election Date:Tuesday, November 2, 2021 Election Hours:7:00 a.m. to 7:00 p.m. Local Election Office Address and Telephone Number: Marchetti & Weaver 28 Second St. Suite 213 Edwards, CO 81632 Telephone: (970) 926-6060 Ballot Title and Text: BALLOT ISSUE NO. 6A: SHALL MOUNTAIN RECREATION METROPOLITAN DISTRICT TAXES BE INCREASED UP TO $3.813 MILLION IN TAX COLLECTION YEAR 2022 AND BY WHATEVER AMOUNT IS GENERATED ANNUALLY THEREAFTER FROM AN INCREASE IN THE DISTRICT’S MILL LEVY OF 4.505 MILLS (FOR A TOTAL MAXIMUM MILL LEVY OF 8.155 MILLS) PROVIDED THAT THE DISTRICT MAY ADJUST ITS MAXIMUM MILL LEVY IN ANY YEAR TO OFFSET PROPERTY TAX REFUNDS OR ABATEMENTS OR REDUCTIONS IN THE PERCENTAGE OF ACTUAL VALUATION USED TO DETERMINE ASSESSED VALUATION AND THE PROCEEDS OF SUCH TAX INCREASE SHALL BE USED TO PAY DISTRICT OPERATIONS AND MAINTENANCE COSTS AND FUND THE ALL ACCESS REC PROGRAM INCLUDING: • RENOVATING AND EXPANDING RECREATION FACILITIES IN EDWARDS, EAGLE, AND GYPSUM TO PROVIDE NEW RECREATION SPACES, EQUIPMENT, AND PROGRAMS AND COMMUNITY HEALTH AND WELLBEING SERVICES FOR CHILDREN, TEENS, ADULTS, FAMILIES, AND SENIORS; • PROVIDING YEAR-ROUND ACCESS FOR ALL WITH UPDATED AND NEW COMMUNITY SPACES, BEHAVIORAL HEALTH PROGRAMS, LOCAL NONPROFIT SERVICES, AND SOCIAL ACTIVITIES TO IMPROVE THE QUALITY OF LIFE FOR OUR COMMUNITY; AND • IMPROVING TRAILHEAD, SWIMMING, AND RECREATIONAL FACILITIES TO PROVIDE MORE ACCESS FOR ACTIVE OUTDOOR RECREATION, SUMMER CAMPS, AND YOUTH AND ADULT RECREATION PROGRAMS AND ACTIVITIES; ALL REVENUES OF THE DISTRICT SHALL BE COLLECTED, RETAINED, AND SPENT AS A VOTER APPROVED REVENUE CHANGE WITHOUT REGARD TO ANY LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW BUT WITH OVERSIGHT OF THE EXPENDITURE OF FUNDS BY THE ELECTED BOARD OF DIRECTORS AND SUBJECT TO INDEPENDENT AUDIT PUBLISHED ON THE DISTRICT WEBSITE? Total District Fiscal Year Spending Fiscal Year 2021 (estimated) $ 5,141,899 2020 (actual) $ 4,910,718 2019 (actual) $ 5,641,699 2018 (actual) $ 5,247,028 2017 (actual) $ 4,914,494 Overall percentage change from 2017 to 2021 4.63 % Overall dollar change from 2017 to 2021 $227,405 Proposed Tax Increase District Estimate of the Maximum Dollar Amount of the Proposed Tax Increase For Fiscal Year 2022 (the First Full Fiscal Year of the Proposed Tax Increase): BALLOT ISSUE NO. 6A: $3,813,000 District Estimate of 2022 Fiscal Year Spending Without Proposed Tax Increase: $6,082,234 Summary of Written Comments FOR Ballot Issue No. 6A: Voting YES on 6A (All Access Rec) allows Mountain Recreation Metropolitan District to improve its facilities and enhance programs for kids, families, adults and seniors. Voting YES on 6A recognizes that recreation and exercise plays an important role in individual and community health and wellbeing. Voting YES on 6A signifies an investment in our community that reaches across age, cultural and economic divides. It is a vote to preserve and enhance quality of life for the district’s year-round residents. THE ISSUE Mountain Rec plays a vital role in meeting the physical and emotional health needs of Eagle County, but our facilities were built to serve about half of the current population. Facilities and programs are over capacity and struggling to meet demands. Complicating matters further, the district’s population has almost doubled over the past 20 years and will likely continue to grow. THE SOLUTION Mountain Rec has worked with the community, local businesses, nonprofits and local governments over the past three years to identify and prioritize the most important upgrades and improvements to the district’s facilities. The result is the All Access Rec program (6A). WHAT DOES A YES VOTE MEAN FOR YOU? • Transforming Mountain Rec’s current facilities into community centers and social hubs for children, teens, adults, families and seniors. It’s a smart investment in our community’s overall mental and physical health. • Year-round access to new community spaces, behavioral health programs and social activities. • The All Access Rec pass which includes access to all Mountain Rec Facilities for one low rate. • Improvements to trailhead, swimming, and recreational facilities to provide more access for active outdoor recreation and summer camps. • Improved amenities, venues and facilities for clubs, leagues and youth and adult recreation programs, among them basketball, baseball/softball, hockey/ice skating, lacrosse, pickleball and more. The district’s board incorporated thoughtful community feedback and lowered the overall cost of 6A by $20 million. Additionally, the district’s foundation is diligently working with community partners to raise additional funds, with $6 million already raised. With the passage of 6A, significant additional grant dollars also become possible. The district’s work to reduce the cost reinforces its conservative fiscal track record. Mountain Rec’s previous mill levy increase came nearly 20 years ago, and the district’s last bond was paid off 10 years early. In addition, Mountain Rec is working with an independent, experienced construction manager to manage costs and timelines to deliver these projects on time and on (or under) budget. With construction costs on the rise, our window of possibility is closing. Planned improvements will cost the average homeowner about $18 a month, but the return to the community is substantial. 6A solves our current issues and lays the groundwork to meet the needs of a rapidly growing community. By pairing our capable and dedicated staff with your support we can achieve something truly amazing. Together, we can make our valley a better place to live. Please vote Yes on 6A when your ballot arrives. Summary of Written Comments AGAINST Ballot Issue No. 6A: No comments were filed by the constitutional deadline. As required by Colorado Revised Statutes (C.R.S. § 1-7-905), I hereby certify the ballot issue notices are complete as submitted by the political subdivisions. Regina O’Brien, Eagle County Clerk & Recorder. 4 5 SA M P L E Town of Eagle Town of Vail Eagle County School District Re50J Roaring Fork School District West Grand School District #1-JT. Ballot Measures Ballot questions referred by the general  assembly or any political subdivision are  listed by letter, and ballot questions initiated  by the people are listed numerically.  A ballot  question listed as an 'amendment' proposes  a change to the Colorado constitution, and a  ballot question listed as a 'proposition'  proposes a change to the Colorado Revised  Statutes.  A 'yes/for' vote on any ballot  question is a vote in favor of changing current  law or existing circumstances, and a  'no/against' vote on any ballot question is a  vote against changing current law or existing  circumstances. State Measures Town of Eagle - Councilmember -  Two-Year Term Vote for not more than three (3) Judson Haims Weston Arbogast Jamie Woodworth Foral Janet Bartnik Nick Sunday Sarah Parrish Shawn Bruckman Town of Eagle - Councilmember -  Four-Year Term Vote for not more than one (1) Geoffrey Grimmer Weston Gleiss Town of Vail - Council Members At-Large Vote for FOUR (4) The three candidates receiving the highest  number of votes shall be elected to  four-year terms. The candidate receiving the  next highest number of votes shall be  elected to a two-year term. Jermaine A. Wates Kathryn Middleton Kirk Hansen Jonathan Staufer Pete Seibert Jr. Brian Stockmar Niko Sayag Kim Newbury Rediker Travis Coggin Barry Davis School Board Director - District A Two Year Term (Vote for One) Andrew Keiser Kelly Alter School Board Director - District B Four Year Term (Vote for One) Lelia Conlin Kyla Sink Write-In: School Board Director - District E Two Year Term (Vote for One) Heather Bergquist Juan Peña School Board Director - District F Four Year Term (Vote for One) Michelle Hartel Stecher Write-In: School Board Director - District G Four Year Term (Vote for One) Dan Reynolds Susan Cunningham Board of Education School Director -  District A 4 year term - VOTE FOR ONE Kenneth "Kenny" Teitler Chase McWhorter Board of Education School Director -  District E 4 year term - VOTE FOR ONE Kathryn Kuhlenberg Steven G. Fotion Christopher Becker Board of Education Candidates Term of four years (Vote for Five) Shawn Lechman H. Lee Bruchez Gordon Stuart Heller Brad Probst Mitch Lockhart Ralph Graves Jackie Roppel Wes Howell Bryan Klotz Amendment 78 (CONSTITUTIONAL) Shall there be an amendment to the  Colorado Constitution and a change to the  Colorado Revised Statutes concerning  money that the state receives, and, in  connection therewith, requiring all money  received by the state, including money  provided to the state for a particular purpose,  known as custodial money, to be subject to  appropriation by the general assembly after a  public hearing; repealing the authority to  disburse money from the state treasury by  any other means; requiring all custodial  money to be deposited into the newly created  custodial funds transparency fund and the  earnings on those deposits to be transferred  to the general fund; and allowing the state to  retain and spend all custodial money and  earnings and revenue on that custodial  money as a voter-approved revenue change? YES/FOR NO/AGAINST   VOTE BOTH SIDES OF BALLOT.  COMPOSITE Ballot for Coordinated Election Eagle County, Colorado - Tuesday, November 2, 2021  . Clerk and Recorder Ballot Style: COMPOSITE This is a composite ballot which includes all districts, races, and issues for the entire county.  The format and order of races and measures will differ on actual ballots.  Voters will receive the ballot style containing only those districts, races, and issues which are specific to their residential address. WARNING: Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or  counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both. Section  1-7.5-107(3)(b), C.R.S. ATTACHMENT 3 SA M P L E State Measures Eagle County Town of Vail Town of Avon Proposition 119 (STATUTORY) SHALL STATE TAXES BE INCREASED  $137,600,000 ANNUALLY ON RETAIL  MARIJUANA SALES BY A CHANGE TO  THE COLORADO REVISED STATUTES  CONCERNING THE CREATION OF A  PROGRAM TO PROVIDE  OUT-OF-SCHOOL LEARNING  OPPORTUNITIES FOR COLORADO  CHILDREN AGED 5 TO 17, AND, IN  CONNECTION THEREWITH, CREATING  AN INDEPENDENT STATE AGENCY TO  ADMINISTER THE PROGRAM FOR  OUT-OF-SCHOOL LEARNING  OPPORTUNITIES CHOSEN BY PARENTS;  FUNDING THE PROGRAM BY  INCREASING THE RETAIL MARIJUANA  SALES TAX BY 5% BY 2024 AND  REALLOCATING A PORTION OF THE  PUBLIC SCHOOL LANDS INCOME;  AUTHORIZING TRANSFERS AND  REVENUE FOR PROGRAM FUNDING AS A  VOTER-APPROVED REVENUE CHANGE;  SPECIFYING THAT LEARNING  OPPORTUNITIES INCLUDE TUTORING  AND EXTRA INSTRUCTION IN SUBJECTS  INCLUDING READING, MATH, SCIENCE,  WRITING, MUSIC, AND ART, TARGETED  SUPPORT FOR CHILDREN WITH SPECIAL  NEEDS AND LEARNING DISABILITIES,  CAREER AND TECHNICAL EDUCATION  TRAINING, AND OTHER ACADEMIC OR  ENRICHMENT OPPORTUNITIES; AND  PRIORITIZING PROGRAM FINANCIAL AID  FOR LOW-INCOME STUDENTS? YES/FOR NO/AGAINST Proposition 120 (STATUTORY) Shall there be a change to the Colorado  Revised Statutes concerning property tax  reductions, and, in connection therewith,  reducing property tax revenue by an  estimated $1.03 billion in 2023 and by  comparable amounts thereafter by reducing  the residential property tax assessment rate  from 7.15% to 6.5% and reducing the  property tax assessment rate for all other  property, excluding producing mines and  lands or leaseholds producing oil or gas, from  29% to 26.4% and allowing the state to  annually retain and spend up to $25 million of  excess state revenue, if any, for state fiscal  years 2022-23 through 2026-27 as a  voter-approved revenue change to offset lost  revenue resulting from the property tax rate  reductions and to reimburse local  governments for revenue lost due to the  homestead exemptions for qualifying seniors  and disabled veterans? YES/FOR NO/AGAINST Eagle County Ballot Issue 1A:  Modifying term limits for the Office of  County Commissioner Shall persons elected to the Office of County  Commissioner be limited to serving three (3)  consecutive terms, a modification of the  current limits permitted by Article XVIII,  Section 11 of the Colorado Constitution? YES/FOR NO/AGAINST Town of Vail Ballot Issue 2A:  Authorization of an increase of 0.5%  in the Town's existing sales tax, other  than on food for home consumption,  to fund housing initiatives, housing  developments and housing programs. SHALL TOWN OF VAIL TAXES BE  INCREASED $4,300,000 IN THE FIRST  FISCAL YEAR AND BY WHATEVER  AMOUNTS ARE RAISED ANNUALLY  THEREAFTER, BY AN INCREASE OF 0.5%  IN THE TOWN'S EXISTING SALES TAX  (FROM 4.0% TO 4.5%), TO TAKE EFFECT  ON JANUARY 1, 2022 AND TO TERMINATE  ON DECEMBER 31, 2052; EXCEPT THAT  FOOD FOR HOME CONSUMPTION SHALL  BE EXEMPT FROM SUCH TAX INCREASE;  WITH THE REVENUES FROM SUCH TAX  INCREASE TO BE USED TO FUND  HOUSING INITIATIVES, HOUSING  DEVELOPMENTS AND HOUSING  PROGRAMS AND RELATED ACTIVITIES  INSIDE AND OUTSIDE THE TOWN; AND  SHALL THE REVENUES FROM SUCH TAX  INCREASE AND ANY INVESTMENT  EARNINGS THEREON BE COLLECTED  AND SPENT BY THE TOWN FOR THE  ABOVE-STATED PURPOSES AS A  VOTER-APPROVED REVENUE CHANGE,  WITHOUT REGARD TO ANY SPENDING,  REVENUE-RAISING OR OTHER  LIMITATION CONTAINED IN ARTICLE X,  SECTION 20 OF THE COLORADO  CONSTITUTION OR ANY OTHER LAW? YES/FOR NO/AGAINST Town of Avon Ballot Issue 2C:  Short-Term Rental Tax for Community  Housing SHALL THE TOWN OF AVON'S TAXES BE  INCREASED BY ONE MILLION FIVE  HUNDRED THOUSAND DOLLARS  ($1,500,000) IN THE FIRST YEAR (2022),  AND BY WHATEVER ADDITIONAL  AMOUNTS ARE RAISED ANNUALLY  THEREAFTER BY LEVYING AN EXCISE  TAX OF 2% ON THE AMOUNT CHARGED  TO ANY PERSON LEASING A  SHORT-TERM RENTAL UNIT, DEFINED AS  LEASING ANY PROPERTY ASSESSED AS  RESIDENTIAL BY THE EAGLE COUNTY  ASSESSOR FOR A PERIOD LESS THAN  THIRTY DAYS, FOR THE PURPOSE OF  FUNDING COMMUNITY HOUSING,  INCLUDING 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, ALL  IN ACCORDANCE WITH ORDINANCE NO.  21-11 ADOPTED BY THE AVON TOWN  COUNCIL, AND SHALL THE TOWN BE  PERMITTED TO COLLECT, RETAIN, AND  EXPEND ALL REVENUES DERIVED FROM  SUCH TAX AS A VOTER APPROVED  REVENUE CHANGE AND AN EXCEPTION  TO LIMITS WHICH WOULD OTHERWISE  APPLY UNDER ARTICLE X, SECTION 20  OF THE COLORADO CONSTITUTION OR  ANY OTHER LAW? YES/FOR NO/AGAINST   VOTE BOTH SIDES OF BALLOT.  SA M P L E Town of Basalt West Grand School District #1-JT.Roaring Fork School District Town of Basalt Ballot Issue 3A: Basalt  Forward Program WITHOUT IMPOSING ANY NEW TAX,  SHALL THE TOWN OF BASALT'S DEBT BE  INCREASED BY $18,000,000, WITH A  MAXIMUM TOTAL REPAYMENT COST OF  NOT MORE THAN $23,065,450, FOR THE  PURPOSE OF FINANCING THE  ACQUISITION, DEVELOPMENT,  CONSTRUCTION, REPAIR,  IMPROVEMENT, AND PROVISION OF THE  FOLLOWING PROJECTS AS PART OF THE  BASALT FORWARD PROGRAM: INCREASING THE SUPPLY OF· AFFORDABLE HOUSING IN THE TOWN MASTER PLAN'S URBAN GROWTH BOUNDARY, SUCH AS THROUGH PURCHASING REAL PROPERTY, PARTNERSHIPS WITH PRIVATE, NON-PROFIT, AND GOVERNMENT SECTORS, ACQUIRING DEED RESTRICTIONS, AND SUPPORTING HOUSING PROGRAMS; STREETSCAPE, SIDEWALK, AND· RELATED INFRASTRUCTURE IMPROVEMENTS ON MIDLAND AVENUE IN DOWNTOWN BASALT; "GREEN" PROJECTS, SUCH AS· SOLAR DEVELOPMENT, VEHICLE CHARGING STATIONS, AND OTHER IMPROVEMENTS; AND SHALL THE PROPERTY TAXES  AUTHORIZED AT THE TOWN'S BOND  ELECTIONS IN 2001 AND 2013 BE  EXTENDED AND AUTHORIZED TO BE  USED TO PAY THE DEBT AUTHORIZED  AT THIS ELECTION IN ADDITION TO THE  DEBT AUTHORIZED AT SUCH PRIOR  ELECTIONS; AND SHALL SUCH TAXES BE  LEVIED ANNUALLY AT A RATE  SUFFICIENT TO PAY SUCH DEBT OR ANY  REFUNDING DEBT WHEN DUE (OR TO  CREATE A RESERVE FOR SUCH  PAYMENT) BUT NOT MORE THAN  $950,000 ANNUALLY; AND MAY SUCH  DEBT BE EVIDENCED BY THE ISSUANCE  OF GENERAL OBLIGATION BONDS OR  OTHER MULTIPLE FISCAL YEAR  OBLIGATIONS TO BE SOLD IN ONE  SERIES OR MORE, FOR A PRICE ABOVE  OR BELOW THE PRINCIPAL AMOUNT  THEREOF, ON TERMS AND CONDITIONS,  AND WITH SUCH MATURITIES AS  PERMITTED BY LAW AND AS THE TOWN  MAY DETERMINE? YES/FOR NO/AGAINST West Grand School District #1-JT.  Ballot Issue 5A SHALL WEST GRAND SCHOOL DISTRICT  #1-JT. TAXES BE INCREASED BY $550,000  IN THE 2021-2022 BUDGET YEAR, AND  ANNUALLY THEREAFTER, OR BY SUCH  LESSER AMOUNT AS THE BOARD OF  EDUCATION MAY ANNUALLY  DETERMINE, BY THE IMPOSITION AND  COLLECTION OF AN ADDITIONAL  PROPERTY TAX LEVY SUFFICIENT TO  PRODUCE THE AMOUNTS REFERENCED  ABOVE FOR DEPOSIT IN THE DISTRICT'S  GENERAL FUND FOR EDUCATIONAL  PURPOSES TO BE APPROVED BY THE  BOARD OF EDUCATION, INCLUDING, BUT  NOT LIMITED TO IMPROVEMENT OF  SCHOOL SECURITY; MAINTENANCE AND  ENHANCEMENT OF INSTRUCTIONAL  PROGRAMS; MAINTENANCE AND  ENHANCEMENT OF INSTRUCTIONAL  TECHNOLOGY; RECRUITMENT, TRAINING  AND RETENTION OF HIGH QUALITY  TEACHERS AND SUPPORT STAFF BY  MAINTAINING COMPETITIVE SALARIES  AND BENEFITS; AND CAPITAL NEEDS  AND IMPROVEMENTS AND  MAINTENANCE OF FACILITIES, WITH  SUCH TAXES TO BE IN EXCESS OF  PROPERTY TAX REVENUES THAT  WOULD BE PROVIDED BY THE GENERAL  FUND MILL LEVY PERMITTED UNDER  STATE LAW WITHOUT SUCH INCREASE  AND, TOGETHER WITH REVENUES FROM  SPECIFIC OWNERSHIP TAXES  ATTRIBUTABLE THERETO AND THE  EARNINGS ON SUCH TAXES AND  REVENUES, TO CONSTITUTE A VOTER  APPROVED REVENUE AND SPENDING  CHANGE UNDER, TO BE COLLECTED  AND SPENT EACH YEAR WITHOUT  LIMITATION BY THE REVENUE AND  SPENDING LIMITS OF, AND WITHOUT  AFFECTING THE DISTRICT'S ABILITY TO  COLLECT AND SPEND OTHER  REVENUES OR FUNDS UNDER, ARTICLE  X, SECTION 20 OF THE COLORADO  CONSTITUTION OR ANY OTHER LAW? YES/FOR NO/AGAINST Roaring Fork School District Ballot  Issue 5B: Mill Levy Override SHALL ROARING FORK SCHOOL  DISTRICT NO. RE-1 TAXES BE  INCREASED BY A MAXIMUM OF $7.7  MILLION ANNUALLY IN 2022 AND IN EACH  YEAR THEREAFTER AS ADJUSTED  ANNUALLY FOR INFLATION TO PAY FOR: INCREASING TEACHER AND STAFF· SALARIES TO A LIVING WAGE; AND STUDENT, TEACHER AND STAFF· RETENTION AND RECRUITMENT EFFORTS; WITH SUCH TAXES TO BE DEPOSITED  INTO THE DISTRICT'S GENERAL FUND,  THE REVENUES AND EXPENDITURES OF  WHICH ARE SUBJECT TO AN ANNUAL  AUDIT CONDUCTED BY AN  INDEPENDENT AUDITOR, AND PROVIDED  THAT NO REVENUE FROM THIS TAX WILL  BE USED FOR SENIOR DISTRICT  LEADERSHIP SALARIES, SUCH TAX  INCREASE TO BE AN ADDITIONAL  PROPERTY TAX MILL LEVY SUFFICIENT  TO PRODUCE THE AMOUNT SPECIFIED  ABOVE? YES/FOR NO/AGAINST   VOTE BOTH SIDES OF BALLOT.  SA M P L E Mountain Recreation Metropolitan  District Downtown Development Authority    Note:  This measure will appear on a  separate ballot sent to elegible  Downtown Development Authority  electors.  It will not appear on the  comprehensive Eagle County ballot. Mountain Recreation Metropolitan  District Ballot Issue 6A: Funding for  the All Access Rec Program and Other  District Costs. SHALL MOUNTAIN RECREATION  METROPOLITAN DISTRICT TAXES BE  INCREASED UP TO $3.813 MILLION IN TAX  COLLECTION YEAR 2022 AND BY  WHATEVER AMOUNT IS GENERATED  ANNUALLY THEREAFTER FROM AN  INCREASE IN THE DISTRICT'S MILL LEVY  OF 4.505 MILLS (FOR A TOTAL MAXIMUM  MILL LEVY OF 8.155 MILLS) PROVIDED  THAT THE DISTRICT MAY ADJUST ITS  MAXIMUM MILL LEVY IN ANY YEAR TO  OFFSET PROPERTY TAX REFUNDS OR  ABATEMENTS OR REDUCTIONS IN THE  PERCENTAGE OF ACTUAL VALUATION  USED TO DETERMINE ASSESSED  VALUATION AND THE PROCEEDS OF SUCH  TAX INCREASE SHALL BE USED TO PAY  DISTRICT OPERATIONS AND  MAINTENANCE COSTS AND FUND THE ALL  ACCESS REC PROGRAM INCLUDING: RENOVATING AND EXPANDING· RECREATION FACILITIES IN EDWARDS, EAGLE, AND GYPSUM TO PROVIDE NEW RECREATION SPACES, EQUIPMENT, AND PROGRAMS AND COMMUNITY HEALTH AND WELLBEING SERVICES FOR CHILDREN, TEENS, ADULTS, FAMILIES, AND SENIORS; PROVIDING YEAR-ROUND ACCESS· FOR ALL WITH UPDATED AND NEW COMMUNITY SPACES, BEHAVIORAL HEALTH PROGRAMS, LOCAL NONPROFIT SERVICES, AND SOCIAL ACTIVITIES TO IMPROVE THE QUALITY OF LIFE FOR OUR COMMUNITY; AND IMPROVING TRAILHEAD, SWIMMING,· AND RECREATIONAL FACILITIES TO PROVIDE MORE ACCESS FOR ACTIVE OUTDOOR RECREATION, SUMMER CAMPS, AND YOUTH AND ADULT RECREATION PROGRAMS AND ACTIVITIES; ALL REVENUES OF THE DISTRICT SHALL  BE COLLECTED, RETAINED, AND SPENT AS  A VOTER APPROVED REVENUE CHANGE  WITHOUT REGARD TO ANY LIMITATION  CONTAINED IN ARTICLE X, SECTION 20 OF  THE COLORADO CONSTITUTION OR ANY  OTHER LAW BUT WITH OVERSIGHT OF THE  EXPENDITURE OF FUNDS BY THE  ELECTED BOARD OF DIRECTORS AND  SUBJECT TO INDEPENDENT AUDIT  PUBLISHED ON THE DISTRICT WEBSITE? YES/FOR NO/AGAINST Town of Eagle Downtown  Development Authority Ballot Issue 2B SHALL TOWN OF EAGLE DEBT BE  INCREASED $27,000,000 WITH A  REPAYMENT COST OF $47,079,661, FOR  THE PURPOSE OF FINANCING THE  COSTS OF DEVELOPMENT OR  REDEVELOPMENT PROJECTS TO BE  UNDERTAKEN BY THE EAGLE  DOWNTOWN DEVELOPMENT AUTHORITY  OR THE TOWN OF EAGLE PURSUANT TO  THE EAGLE DOWNTOWN DEVELOPMENT  AUTHORITY PLAN OF DEVELOPMENT, AS  IT MAY BE AMENDED FROM TIME TO  TIME, AND APPLICABLE PROVISIONS OF  COLORADO LAW; SUCH DEBT AND THE  INTEREST THEREON TO BE PAYABLE  FROM AND SECURED BY A PLEDGE OF  THE SPECIAL FUND OF THE TOWN  WHICH SHALL CONTAIN TAX INCREMENT  REVENUES LEVIED AND COLLECTED  WITHIN THE BOUNDARIES OF THE  AUTHORITY; AND SHALL SUCH DEBT BE  EVIDENCED BY BONDS, NOTES,  CONTRACTS OR OTHER FINANCIAL  OBLIGATIONS BEARING INTEREST AT A  NET EFFECTIVE INTEREST RATE NOT IN  EXCESS OF SIX PERCENT (6%) TO BE  SOLD IN ONE SERIES OR MORE FOR A  PRICE ABOVE OR BELOW THE  PRINCIPAL AMOUNT THEREOF, ON  TERMS AND CONDITIONS, AND WITH  SUCH MATURITIES AS PERMITTED BY  LAW AND AS THE TOWN MAY  DETERMINE, INCLUDING PROVISIONS  FOR REDEMPTION OF THE DEBT PRIOR  TO MATURITY WITH OR WITHOUT  PAYMENT OF THE PREMIUM; AND SHALL  THE TOWN AND THE AUTHORITY BE  AUTHORIZED TO COLLECT, RETAIN AND  SPEND THE TAX INCREMENT  REVENUES, THE BOND PROCEEDS AND  INVESTMENT INCOME THEREON AS A  VOTER-APPROVED REVENUE CHANGE,  AND EXCEPTION TO THE LIMITS WHICH  WOULD OTHERWISE APPLY UNDER  ARTICLE X, SECTION 20 OF THE  COLORADO CONSTITUTION OR ANY  OTHER LAW? YES/FOR NO/AGAINST   VOTE BOTH SIDES OF BALLOT.  SA M P L E Town of Avon Recall Election Town of Avon Recall Election - Mayor Sarah Smith Hymes Reasons set forth in the petition for demanding the recall of Mayor Sarah Smith Hymes: The Avon Recall Committee believes that Avon Mayor Sarah Smith Hymes is acting contrary to Avon residents' desires. For example, the  Vail Daily reported member's arrogance, that there is no appetite among taxpayers to use public funds to move the barn, and quoted a  council member stating "I do not support sending this to the ballot, because it won't pass." Citizens pressured the council to do a public  survey about spending millions to move the barn. The survey revealed a whopping 891 against the move and only 104 for it. It is clear that  Sarah Smith Hymes is putting her own opinion in front of those of the community. Sarah Smith Hymes has not eliminated a 2% Avon real  estate transfer tax. This tax can result in a $20,000 expense to buyers or sellers of a $1 million property in Avon. The tax is collected even if  the property has decreased in value. This tax is not imposed in neighboring EagleVail, Edwards or Singletree. It puts property sellers at a  disadvantage when compared to other communities. The HUGE additional tax is not borrowed money and can cause sales to fall through if  buyers don't have the additional cash to close. Response of Mayor Sarah Smith Hymes: Avon has been my home for 28 years. I raised my family here and love this town. For the past seven years on the town council, I have  been committed to managing the town's finances to provide great public services, support a vibrant visitor-based economy, and plan for a  sustainable future. I have lead in COVID response, water management and drought planning, affordable housing, climate action, public  lands access, transportation, and collaboration. I listen to all voices in our diverse community, and embrace transparency and outreach to  all neighborhoods. Opposition is inevitable, but policy differences shouldn't be grounds for recall.  Every two years, elections are held for  three or four Council seats, so there is ample and timely opportunity for those who oppose the direction of Council to run for office  themselves, or support candidates who share their views. The grounds for this particular recall are baseless: historic preservation is a  common economic driver in mountain towns. Repurposing the Hahnewald Barn was presented at numerous public meetings and was  supported by the Planning and Zoning Commission and the majority of the Town Council. I respected the outcome of the survey I initiated  to gauge public support, and the barn was demolished. The Real Estate Transfer Tax (RETT) has been supported by Avon's town councils  since its inception 40 years ago, and was unanimously reaffirmed as recently as March 2019. To single out any councilor for recall for a  policy supported by the entire council is unjust. Please vote NO to keep me in office to work on your behalf for my final year in office.  Equally important, you will send a message to potential future candidates that you will not tolerate frivolous recall efforts to overturn regular  election results and suppress voting rights. Shall Sarah Smith Hymes be recalled from the office of Town Councilor? YES/FOR NO/AGAINST Candidate to succeed Sarah Smith Hymes if she is recalled from the office of Town Councilor: (Vote for One) Write-In:   VOTE BOTH SIDES OF BALLOT.  SA M P L E Town of Avon Recall Election - Tamra Underwood Reasons set forth in the petition for demanding the recall of Councilor Tamra Underwood: The Avon Recall Committee believes that Avon Council Member Tamra Underwood is acting contrary to Avon residents' desires. For  example, the Vail Daily reported member's arrogance, that there is no appetite among taxpayers to use public funds to move the barn, and  quoted a council member stating "I do not support sending this to the ballot, because it won't pass." Citizens pressured the council to do a  public survey about spending millions to move the barn. The survey revealed a whopping 891 against the move and only 104 for it. It is  clear that Council Member Tamra Underwood is putting her own opinion in front of those of the community. Tamra Underwood has not  eliminated a 2% Avon real estate transfer tax. This tax can result in a $20,000 expense to buyers or sellers of a $1 million property in Avon.  The tax is collected even if the property has decreased in value. This tax is not imposed in neighboring EagleVail, Edwards or Singletree. It  puts property sellers at a disadvantage when compared to other communities. The HUGE additional tax is not borrowed money and can  cause sales to fall through if buyers don't have the additional cash to close. Response of Councilor Tamra Underwood: Dear Avon Voter, I am grateful to you for taking the time to make your voice heard.  It's my hope that you will vote NO on recalling me from  the Avon Town Council. It is important to set a good example for our future local leaders and candidates - being brave and bold in our  debate and decision-making should not be viciously attacked or subject to a recall demanded by a small but vocal minority. Instead, public  service by those of us who are willing and able to listen, learn, think and make policy in the best interests of Avon must be supported. Avon  has been my hometown for nearly 50 years and I want to continue to serve you with an abundance of homegrown pride. The work I've  carried out alongside my fellow council members is far greater and more substantive than the issues I'm being attacked for.  I support  maintaining a balanced budget, retaining a high quality of life for all residents, supporting Avon business success, creating affordable  housing, practicing environmental sustainability and more. Yes, I supported repurposing Avon's historic Hahnewald Barn as an iconic  multi-functional space in our town but when the community survey showed this wasn't wanted, I voted to let the barn be demolished. As to  the RETT, all councilors agree that it's the essential revenue source to fund the town's capital expenditures; I worked hard on the new  policy to increase the local homebuyers' exemption to the tax. In addition to being a fulltime lawyer and mom, and my service on the Avon  Town Council, I presently volunteer as the town's representative on the Boards of Directors of Avon's three affordable housing non-profit  corporations and to the Northwest Colorado Council of Governments. Please vote NO on the recalls.  Thank you, Tamra Nottingham  Underwood  Shall Tamra Underwood be recalled from the office of Town Councilor? YES/FOR NO/AGAINST Candidate to succeed Tamra Underwood if she is recalled from the office of Town Councilor: (Vote for One) Write-In:   VOTE BOTH SIDES OF BALLOT.  ATTACHMENT 4