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TC Packet 07-23-2024 _____________________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES 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 MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, July 23, 2024 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom Zoom registration is on the header at Avon.org AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. CONSENT AGENDA 5.1. Approval of July 9, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. Approval of Amendment to the Town Manager Employment Agreement (Mayor Amy Phillips) 5.3. Approval of Easements with Holy Cross Energy for Relocation of Electric Transformer to Accommodate New Trail Section connecting to West Beaver Creek Blvd (Town Engineer Nicole Mosby) 5.4. Approval of Notice of Award: Fleet Bus Lift contract (Mobility Manager Jim Shoun) 5.5. First Amendment to IGA between Town of Avon and Eagle County for Avon Station Bus Shelter (Town Attorney Nina Williams) 5.6. Assignment of the IGA, as amended for Avon Station Bus Shelter (Town Attorney Nina Williams) 5.7. Assignment of the Walmart Bus Shelter IGA (Town Attorney Nina Williams) 6. BUSINESS ITEMS 6.1. Work Session: Use Tax Voter Opinion Results (Chief Financial Officer Paul Redmond and Town Manager Eric Heil) 6.2. Presentation and Acceptance of 2023 Annual Comprehensive Financial Report (Chief Financial Officer Paul Redmond) 6.3. Work Session: Capital Improvement Plan Program Updates on Design & Construction (Public Works Director Eva Wilson) 6.4. Work Session: Review of the amended Town Council Handbook (Town Attorney Nina Williams) 6.5. PUBLIC HEARING: Second Reading Ordinance 24-08: Amendments to Town Code for Removal of Council Members (Town Attorney Nina Williams) 7. WRITTEN REPORTS 7.1. Draft June 18 CASE Committee Meeting Minutes (Special Events Coordinator Mike Pasquarella) 7.2. July 8th Planning & Zoning commissions Meeting Abstract (Planner II Max Morgan) 7.3. Draft July 15 Finance Committee Meeting Minutes (Chief Administrative Officer Ineke de Jong) 7.4. Monthly Financials (Senior Accountant Dean Stockdale) 7.5. Quarterly RETT Report (Financial Analyst Chase Simmons) 7.6. Quarterly ¡Mi Casa Avon! Program Update (Housing – Long Range Planner Patti Liermann) 7.7. Second Quarter 2024 Department Goal Update (Town Manager Eric Heil) _____________________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES 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 MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. 7.8. Summary of Signed Letters of Support (Town Manager Eric Heil) 7.9. Digital Accessibility Compliance Update (Marketing & Communications Manager Elizabeth Wood) 7.10. Transit Ridership Update (Mobility Manager Jim Shoun) 7.11. Upper Eagle Regional Water Authority June 27, 2024 Meeting Summary (Mayor Pro Tem Tamra Underwood) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. ADJOURN 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 May or 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 minut es 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. AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via Zoom.us. Mayor Amy Phillips called the July 9, 2024, Council regular meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Rich Carroll, Lindsay Hardy, Ruth Stanley, RJ Andrade, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips. Councilor Chico Thuon was absent at time of roll call and joined the meeting in person at 5:19 p.m. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Avon Rec Director Michael Labagh, Chief Financial Officer Paul Redmond, Financial Analyst Chase Simmons, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Housing Coordinator Patti Liermann, Planner II Max Morgan, General Government Intern Arnell Wade, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:01:30 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Carroll asked to pull Written Report 7.3 for discussion among Councilors as Business Item 5.0. Mayor Pro Tem Underwood motioned to approve the Agenda, as amended by Councilor Carroll. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:03:17 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:03:30 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom’s video/audio, via telephone, or via email. She added that the public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room or virtually and Mr. Tim Drescher, resident of Avon, who is the Avon Wastewater Treatment Plant Supervisor with the Eagle River Water and Sanitation District took the podium in person and stated that after 41 months of capital improvements and $57 Million in spending, they have concluded upgrades to the Avon Waste Water Treatment Plant. He invited the public to join him at their Open House on July 24th, 2024, from 10 to 11:30 a.m. He also thanked the public and staff in Avon for their support on this capital improvement project. He was joined by Mr. Jeff Schneider with Eagle River Water and Sanitation who took the podium in person to speak of the impact of this project on environmental health in the community and thanked Avon for being good neighbors throughout the project. No other public comment was made in person nor virtually. AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 5. BUSINESS ITEMS 5.0. Written Report 7.3. Monthly Financials (Senior Accountant Dean Stockdale) Video Start Time: 00:09:04 Councilor Carroll asked for dialogue and discussion on the trends presented in this Report, asking when staff should begin paying attention to them. Town Manager Eric Heil indicated this is the same financial snapshot he gets to analyze the Town’s financial condition and it gets closely monitored. Mr. Heil added the historical context of this Report and its contents. He noted accommodations revenue is down and impacting sales tax from seeing less visitors staying in Town and confirmed that Town Staff is paying close attention and have begun adjusting their thinking on budgeting and spending in the two months preceding. He added that Staff is preparing the 2025 budget with a focus on keeping expenses flat, yet without panicking over these trends which can vary over the course of months. Mr. Heil added that there is a big variable in trends that is impacted by revenue in December, and that December revenue is wholly dependent on snowfall which directly impacts income and the financial close to the year. He closed remarks by stating that most mountain towns are seeing a decrease in visitors as compared to the end of the pandemic. Mayor Pro Tem Underwood added anecdotal evidence from her short-term rental which in summer of 2024 has seen very low occupancy compared to Summer of 2021. She asked Town Manager Heil to also speak of the use of DestiMetrics. Town Manager Heil indicated that in the past, only 4 properties were reporting occupancy to DestiMetrics but there are now considerably more hotels that could report to DestiMetrics so in 2024, the Town is looking at reactivating DestiMetrics and collecting data to track the performance of the lodging community. He added the Town would be paying for the cost of DestiMetrics and would consider an ordinance in fall of 2024 that would force the lodging community to report occupancy to DestiMetrics over winter. Mayor Phillips asked for the summer and winter occupancy trends to be measured separately, and added she feels that occupancy is now also up in summer months. Councilor Thuon joined the meeting in person at 5:19 p.m., before beginning Business Item 5.1. 5.1. Work Session: Quasi-Judicial Hearings Workshop (Town Attorney Nina Williams) Video Start Time: 00:18:20 Town Attorney Nina Williams delivered a presentation and workshop related to Quasi-Judicial Hearings. She discussed the difference between quasi-judicial hearings, legislative hearings, public hearings, the need for impartiality in all hearings, cures and remedies for conflicts, ex-parte issues, the open meetings law, and fielded questions from Councilors on these topics. Additional deliberations from Council included the retention and publicity of public comments and feedback received ahead of Council Meetings by text and/or email. Councilor Carroll asked staff to label hearings that are Quasi-Judicial as such in the Agenda, which Town Manager Heil agreed to by stating that future agendas that contain public hearings will also include quasi-judicial in parenthesis when applicable. No public comment was made in person nor virtually. As this was a work session, staff received feedback and no motion was requested. 5.2. PUBLIC HEARING: Resolution 24-19: Lot Split in Wildridge (Planner II Max Morgan) Video Start Time: 00:57:11 Planner II Max Morgan delivered a presentation related to Resolution 24-19: Lot Split in Wildridge. Councilor Carroll asked Staff to clarify if you can build a single-family home in a duplex lot, and was AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 advised it is an option. He referred to page 26 in the spreadsheet and asked if there is evidence to back up the hypotheticals it contains. Councilor Andrade asked a question of curb cuts. Mayor Pro Tem Underwood asked Staff for more detailed information on undevelopable land on the lot and to speak in more detail of romanette vii. relative to scale and square footage of neighboring properties. She also asked questions related to setbacks and the inexistence of envelopes for the PUD. Mayor Phillips asked questions about the grid included on page 26 and asked if the addresses at 2730 and 4691 were originally lot splits. Mayor Pro Tem Underwood mentioned that lot splits are listed in Table 1-1 in page 23. Councilor Carroll asked questions related to the Glass Ceiling of 8608 feet that was proposed by the developer. Architect Bobby Ladd took the podium in person to deliver a presentation on behalf of the developer which covered the architectural project, design guidelines, glass ceiling of 8608 feet proposed as an area of reduced building height for future development to lessen impacts to Lot 51. Mayor Phillips opened the floor to public comment and Mr. Colin Meiring, resident of Avon, took the podium in person to state he opposes the lot split based on his understanding of Wildridge covenants. He indicated he believes the split has negative impact to neighbors, wildlife and property boundaries on the basis that the structure of a duplex would have been centered on the lot. He added that if the lot split is approved, he would appreciate a notice from the developer on when construction will begin given the congestion impacts it will cause to the neighborhood. Mayor Phillips acknowledged that Council also received an email from him in support of rejecting the split which Councilors took note of. Ms. Carol Hahn, resident of Avon, took the podium in person to state that she owns the duplex south of the project and she is the owner-applicant. She indicated she has lived there for 10 years and has been visiting Avon for 20 years. She added they would like to build a house for their expanding family and closed remarks stating she wants to be a good neighbor. No other public comment was made in person nor virtually. Councilor Thuon stated the owner could have built a structure ‘coast to coast’ and fill the lot and other things that would be more intrusive and egregious that what was presented by the applicant, and his personal view is that this project has gone above and beyond to mitigate impacts to view corridors and view ceilings and advised the developers they did a good job in spite of disagreement from others in the room, closing with the thought that this is a good plan. Councilor Andrade stated he is glad he is looking at this plan in lieu of a huge structure placed in the middle of the lot. Councilor Thuon highlighted that design would not have come before Council and could’ve simply been approved at the Planning and Zoning Commission level which would have been worse. Councilor Carroll agreed with Councilors Thuon and Andrade. Councilor Hardy stated that there is some congruency in the variety of housing afforded by this type of lot split, which she believes is consistent with the style of homes in Wildridge. She added she agrees with Staff findings in the report and believes this meets the criteria for the lot split. Councilor Stanley stated that the developer checked all the boxes and agreed with the statements of Councilor Andrade, acknowledging this is esthetically positive and she approves. Mayor Pro Tem Underwood stated that she is interested in the mitigations included at the end of the review criteria for lot splits in Avon and she believes that Council should tie them to the plat notes. She AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 highlighted that there should be plat notes for one curb cut, the glass ceiling of 8608, and the building envelope presented during the meeting so that she can approve of the findings. Councilor Carroll agreed with Mayor Pro Tem Underwood that plat notes should be a condition of the approval. Architect Bobby Ladd indicated that he would be happy for these conditions to be a part of the approval process. Councilor Carroll questioned Staff Recommended Findings Paragraph 3 which indicates that this project could help alleviate available local workforce housing, stating he doubts homes of this size would be used by local workforce. Councilor Thuon noted that the owner-developer will be moving out and selling their smaller home to move into this larger home and that the smaller home might benefit local workforce and the After deliberations, Mayor Pro Tem Underwood motioned to approve Resolution 24-19 based on the findings presented in the staff report, amending Paragraph 3 of the Staff Recommended Findings to read “the lot split amendment promotes public safety and general welfare by promoting two residences on these lots, and furthermore, based on the following conditions: (i) access and maintenance agreement for the shared driveway and snow storage area to be recorded prior to signature of the minor Subdivision plat, (ii) the plat will include that there shall only be one curb cut off of North Point Road, (iii) there shall be a plat note that the design is not to exceed the building height as represented made during the hearing tonight, and (iv) the plat shall show the building envelopes as represented at the hearing tonight. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 5.3. PUBLIC HEARING: Second Reading Ordinance 24-11: Amendments to Town Code on Primary Residence RETT Exemptions (Financial Analyst Chase Simmons) Video Start Time: 02:21:24 Financial Analyst Chase Simmons delivered a presentation related to the Second Reading of Ordinance 24-11, including a note that they adjusted the changes requested from Council during First Reading. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. Councilor Carroll thanked Mr. Simmons for making these adjustments at his request. He added he understands that there could be a recession that lowers home prices in the future, but he is comfortable with the numbers included in this packet. Councilor Andrade stated that case-by-case, it’s a greater benefit to the purchase than the 0.8% difference, and Councilor Hardy noted that this will help full-time locals. After deliberations, Councilor Thuon motioned to approve the second reading of Ordinance 24-11. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 5.4. Presentation: Regional Housing Needs Assessment Update (Housing Planner Patti Liermann) Video Start Time: 02:27:10 Housing Planner Patti Liermann delivered a presentation and update related to Regional Housing Needs in Avon. Town Manager Eric Heil announced that Staff applied for a $160k grant as the next step in creating a multijurisdictional housing authority, and it was granted, adding an additional source of funding which will bring forth a lot of conversation to determine where consensus lies and how Avon will participate. He reminded Council that this project involved Vail, Avon and Eagle County to match $160k. Town Manager Heil indicated this process will be very analogous to the creation of the Eagle Valley Transportation Authority. As this was a presentation, staff received feedback and no motion was requested. AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 5.5. Review: draft of a Request for Proposal Slopeside Community Housing Project (Housing Planner Patti Liermann) Video Start Time: 02:44:15 Housing Planner Patti Liermann delivered a presentation and reviewed the draft of a Request for Proposal of the Slopeside Community Housing Project. Consensus from Council indicated Housing Planner Liermann can move forward with the ‘Request for Qualifications’ or RFQ to seek developer partners for Benchmark at Beaver Creek Tract Y “Slopeside”. Councilors Stanley and Hardy volunteered to review the respondents to the RFQ. As this was a presentation, staff received feedback and no motion was requested. 5.6. First Reading Ordinance 24-08: Amendments to Town Code for Removal of Council Members (Town Attorney Nina Williams) Video Start Time: 02:56:10 Town Attorney Nina Williams delivered a presentation related to the first reading of Ordinance 24-08 and explained the types of offenses that would trigger the process of removal of a Council Member . Councilor Andrade asked how Councilors would initiate the process. Town Manager Eric Heil added the suggestion that the Ordinance should be updated on second reading to include that it will occur “upon a concurring vote of 5 members of Council” and should remove the reference to a Calendar Year. They fielded questions and entertained deliberations from Councilors. Mayor Phillips indicated that Councilors would receive a copy of an updated Council Handbook during second reading. Councilor Andrade asked about the use of conviction in present tense, and asked if it should be convicted while serving in office or anytime in the past. Town Attorney Nina Williams indicated that the changes brought up by Council included: 2.05.03(a) add at a regular or special meeting, 2.05.04(a) upon a concurring vote of 5 members of Council, 2.05.04(c) delete ‘in the same calendar year’, 2.05.04(d) delete this subsection, and in 2.05.50 delete (b). Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Councilor Thuon motioned to approve the first reading of Ordinance 24-08 with the amendments summarized by Town Attorney Williams. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 6. CONSENT AGENDA Video Start Time: 03:38:27 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 6.1 Approval of June 11, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 6.2 Approval of Easements with Holy Cross Energy for Underground Electric Conversion at the Harry A. Nottingham East Park (Town Engineer Nicole Mosby) 6.3 Resolution 24-20 Approving the Expenditure of Community Enhancement Funds (Chief Administrative Officer Ineke de Jong) 6.4 Notice of Award: Swift Gulch Overlay Project (Town Engineer Nicole Mosby) 6.5 Change Order for Subgrade Replacement on Trail Project (Town Engineer Nicole Mosby and Town Manager Eric Heil) Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Without further deliberations, Councilor Thuon presented a motion to approve the Consent Agenda. Councilor Carroll seconded the motion. It was approved unanimously with AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 a 7 -0 vote. 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority May 23, 2024 Meeting Summary (Mayor Pro Tem Tamra Underwood) 7.2. June 10th Planning & Zoning commissions Meeting Abstract (Planner II Max Morgan) 7.3. Monthly Financials (Senior Accountant Dean Stockdale) 7.4. Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin) 7.5. Special Events Marketing Update (CASE Manager Danita Dempsey) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:20:17 Councilors Carroll and Thuon congratulated staff on their work during Salute to the USA on July 3 rd, highlighting the success brough by the musical act of Melissa Etheridge and the fireworks show. Councilor Stanley mentioned that she was present at the last board meeting of the Vail Valley Art Guild and delivered a summary of the meeting to her fellow Councilors. She also invited the public to visit the guild at their website at www.vvagco.org. She also invited the public to participate in the Community Survey that went live on Monday , July 8, 2024. Mayor Phillips reminded the public that the Eagle Valley Transit Authority will have a meeting tomorrow, July 10 , 2024 , at Council Chambers at 12:30 p.m. She noted the new name for this organization will be announced in the next week or so. She also thanked staff for the Salute to the USA event. She continued by stating she is sensitive to the speed of e -bikes on paths , and cyclists knocking down signage and being rude to pedestrians , so a more robust signage may be necessary to remind cyclists that it is a shared space with pedestrians. She added that Councilors received a note from an Avon Resident who is disabled that was asking for more care of pedestrian paths in the area and asked for staff to begin talking about bike regulations ahead of the results of the community survey. Town Manager Heil indicated that more signage will be placed at Nottingham Park to raise awareness and there will be a debrief of improvements needed, increased regulations for the use of e -bikes in the park, and dismount zones may make sense going forward. Mayor Phillips asked that REC staff ensure that signs are visible at the park, perhaps throughout the day. Councilor Thuon added that the Town of Eagle also passed some regulations on e -bikes recently. Mayor Pro Tem Underwood attended a special tour with the Vail Symposium of the National Renewable Energy Lab in Golden compliments of Avon constituent Bill Ferris . On Thursday, July 11, 2024, as Avon’s representative of the Upper Eagle Regional Water Authority, she will attend a tour of the Eagle Mine with the Eagle River Coalition . As a result of an invitation received last month, Mayor Phillips and she will attend a tour of the Mountain Family Health Center and invited her fellow Councilors to attend. She added she has received compliments on the repairs of the paved trails in Avon. She also congratulated staff on Salute to the USA. She closed remarks stating that she and Amy have completed the Town Manager’s review and will circulate it to fellow Councilors tomorrow, July 10, 2024. AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 8:32 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: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon 970.748.4004 eric@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager RE: Town Manager Employment Agreement DATE: 6.6.24 SUMMARY: Town Council conducted my annual performance review in May this spring. Compensation adjustments are presented as following the Town of Avon Employee Policies for all employees. The Town conducts a biennial review of salary ranges to remain competitive with our peer communities. When new salary ranges are adopted there is an automatic adjustment of salaries in accordance with the Town’s Employee Policies. Every year merit increases are determined by the end of the year and then effective for the first payroll in the new year. SALARY CHANGES: The Town Manager’s base salary under the current Employment Agreement is $229,000. Council provided direction to award a 3% base salary increase in consideration of salaries and total compensation for town managers in peer communities, effective in the first pay roll for July. A 3% increase will raise the base salary to $236,700 (the Town’s policy is to round salaries up to one hundred dollar increments). Council provided direction to award merit increase of 4% of base salary effective for the first payroll in the new year. A 4% increase will raise the base salary to $246,200. The attached revised Employment Agreement includes these revisions and is presented to Council for adoption on the Consent Agenda. OUTSIDE EMPLOYMENT: I proposed to Council the opportunity to teach one political science class at Colorado Mountain College next year. These classes include State and Local Government in the fall and Current Political Issues in the spring. Council expressed willingness to allow teaching these courses with the condition that this outside employment would be reviewed as part of the 2025 annual performance review to determine if this outside commitment negatively impacted or interfered with my full-time commitment to the Town of Avon. Thank you, Eric ATTACHMENT A: Revised Town Manager Employment Agreement Town Manager Employment Agreement July 23, 2024 Page 1 of 16 TOWN OF AVON TOWN MANAGER AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS TOWN MANAGER AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is originally effective April 9, 2019 and amended and restated as of June 11, 2024 by and between Eric J. Heil, (the “Manager”) and the Town of Avon, Colorado (the “Town”), a Home Rule municipality in the State of Colorado (individually, a “Party” and collectively, the “Parties”), and is made to set forth the terms and conditions of Manager’s employment with the Town. WHEREAS, this Agreement shall replace and supersede the prior Agreement, dated April 9, 2019 and all other prior agreements regarding employment prior to this Agreement. NOW, THEREFORE, in consideration of the mutual promises and payments herein contained, the Parties agree to the following terms and conditions: 1.0 EMPLOYMENT. Manager is employed as Town Manager of the Town for an indefinite period as an at-will employee, subject to: the terms and conditions of this Agreement; the Town of Avon Employee Policies, effective June 22, 2023 and the Avon Home Rule Charter, as each and all may be amended from time to time. 2.0 DUTIES. Manager is employed as Town Manager in a full-time capacity, with such duties and functions as are specified in the Town of Avon Home Rule Charter, as may be specified by ordinance or in the Avon Municipal Code, and as may be directed by the Town Council. 3.0 COMPENSATION. 3.1 BASE SALARY. The Town agrees to pay Manager a base annual salary (“Base Salary”) of TWO HUNDRED THIRTY SIX THOUSAND SEVEN HUNDRED DOLLARS ($236,700.00), which shall be paid on and from July 1, 2024, through December 31, 2024, and then shall be increased to TWO HUNDRED FORTY SIX THOUSAND TWO HUNDRED DOLLARS ($246,200.00) on January 1, 2025. Payment of the Base Salary under this Agreement shall be made in equal installments on a biweekly basis during the term of this Agreement. The Base Salary shall be prorated for any calendar year in which the Manager is employed for fewer than 12 months. 3.2 AUTOMOBILE ALLOWANCE. Manager shall receive FIVE HUNDRED SEVENTY-FIVE DOLLARS ($575.00) per month, effective July 1, 2023, as additional, taxable compensation in return for his use of his own, owned automobile in conducting Town business, which shall be paid on and from July 1, 2023. The Manager shall be ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 2 of 16 expected to use his personal vehicle for travel to and from business meetings and on trips related to performance of Town Manager duties. The Manager shall, therefore, not be eligible for mileage reimbursement. 3.3 HOUSING ALLOWANCE. Manager shall receive ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) per month, effective July 1, 2023, as additional, taxable compensation to defray the costs of maintaining a primary residence in Avon, Colorado. 3.4 RETIREMENT. Beginning on the Commencement Date, the Town shall contribute an amount into the Town of Avon Public Employees Money Purchase Pension Plan (the “401(a) Plan”) equal to that amount the Manager defers into the 401(a) Plan. As of the Commencement Date, that amount is eleven percent (11%) of the Manager’s Base Salary. The Town’s matching contribution shall be paid into the 401(a) Plan in biweekly installments. In addition to the 401(a) Plan, the Manager shall be eligible to participate in the Town’s Section 457 Deferred Compensation Retirement Plan in accordance with the terms and conditions of that plan, and to the extent that the Town maintains that plan. 3.5 INSURANCE BENEFITS. The Town shall provide and pay that portion of the premiums for health, dental, vision, and term life insurance for Manager and his dependents that it pays on behalf of other full-time employees of the Town in accordance with Town of Avon Compensation & Benefits Programs, effective January 1, 2016, as may be amended from time to time (the “Insurance Benefits”). 3.6 PAID TIME OFF. The Manager shall be entitled to paid time off (“Paid Time Off”) at the rate of an employee with ten (10) years of employment with the Town as of commencing on October 1, 2020. 3.7 BONUS. Manager shall receive a one-time increase of Personal Time Off in the amount of 60 hours in recognition of work performed during the last review period, including but not limited to work on the Avon Downtown Development Authority. 3.8 OTHER BENEFITS. Manager shall be entitled to participate in any other benefits that are provided by the Town to other full-time, executive employees in accordance with the applicable participation requirements. 3.9 COMPENSATION ADJUSTMENT. The Compensation of the Manager may be adjusted based upon the Manager’s annual performance evaluation, as set forth in Section 4 below, by the Town Council, subject to the Town Council’s sole discretion. Any change in Compensation shall be effective on such date as Council may determine in its sole discretion. Compensation adjustments shall be made by motion and vote and do not require amendment of this Agreement. 4.0 PERFORMANCE REVIEW. The Town Council shall strive to complete the annual ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 3 of 16 performance review of the Manager in March of each calendar year, unless the Town Council determines a different month during which to complete an annual performance review. The Town Council also may require a performance evaluation at any time a majority of the Council deems a review is necessary. The Town Council shall inform the Manager as to the Town Council’s opinion and expectations regarding his performance as Town Manager based upon such performance criteria as the Town Council may utilize in its sole discretion. 5.0 COMMENCEMENT OF EMPLOYMENT AS TOWN MANAGER. The Effective Date of the Agreement is April 9, 2019, irrespective of the date or dates upon which the Parties execute it. Manager shall commence his duties as Town Manager on Monday, April 29, 2019, (“Commencement Date”). 6.0 FACILITIES. The Town shall furnish office facilities and assistance for Manager as the Town Council deems appropriate for the performance of Manager’s duties. 7.0 LIMITATION ON EXTERNAL PROFESSIONAL ACTIVITIES. Manager shall not engage in any non-Town employment activities for compensation without the express written consent of the Town Council. It is the intent of the Parties that Manager’s employment will require his full-time commitment. The following matters constitute written consent of Council for limited outside employment activities for compensation: 7.1 The Manager shall be permitted to pursue his occasional efforts as a professional musician, so long as they do not interfere with the performance of his Town duties. While the Manager may accept payment for musical engagements, he may not accept payment with respect to any engagement that the Town funds, directly or indirectly, in whole or in part. 7.2 The Manager shall be permitted to teach one political science course per semester at Colorado Mountain College, which shall be reviewed during the 2025 annual performance review to determine if this outside employment activity negatively impacts Managers full-time commitment to the Town of Avon. 8.0 PARTICIPATION IN PROFESSIONAL ORGANIZATIONS. Participation in professional organizations and voluntary programs is encouraged, provided they are consistent with the responsibilities of the Town Manager and with the interests of the Town. The Town shall pay Manager’s membership fees and reasonable costs of participation in the International City Manager’s Association; the Colorado Bar Association; the American Planning Association; the Colorado Chapter of the American Planning Association; and other memberships and professional development activities the Town Council determines are consistent with his employment. The Town shall also pay those attorney registration fees and reasonable continuing legal education costs required for the Manager to maintain an active license to practice law in the State of Colorado. 9.0 CONFERENCE ATTENDANCE. The Town shall pay for all reasonable expenses related to Manager’s attendance at: the International City Manager’s Association annual ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 4 of 16 conference; all Colorado Association of Ski Town monthly meetings; the Colorado Association of Ski Towns annual conference; the Colorado Municipal League annual conference; and at least one other out-of-state conference to be selected at the reasonable discretion of the Manager. Manager may propose additional job-related training, education, and professional memberships and participation, which shall be subject to review and approval by the Town Council. 10.0 TERMINATION WITH SEVERANCE. This Agreement may be terminated, and the Manager shall receive the below-defined Severance, in the event of the following: 10.1 The Town may terminate Manager’s employment without Cause (“Cause,” as defined below in Section 12), at any time, upon the vote of the majority of the Town Council, and nothing contained in this Agreement shall restrict any Town Council member from making a motion or voting to terminate Manager’s employment without Cause at any regular or special meeting. 10.2 The Manager may terminate his employment by resigning the position of Town Manager for Good Reason. As used in this provision, “Good Reason” shall mean: 10.2.1 Upon receiving the recommendation that he resign from the Town Council, as represented by a majority of its members; or 10.2.2 Upon the Town’s breach of any material provision of Section 3.0 that remains uncured for forty-five (45) consecutive days after Manager provides the Town Council written notice of the alleged breach and demand for cure. 11.0 SEVERANCE. 11.1 The Town shall provide the Manager a severance payment (“Severance,” as defined below), if Manager’s employment is terminated by the Town without Cause, or by the Manager for Good Reason, so long as the Manager executes the Severance, Waiver, and Release of Claims Agreement described below. 11.2 The Town shall not be obligated to pay Severance if Manager’s employment is terminated for Cause, defined below in Section 12, or in the case that Manager resigns voluntarily without Good Reason, as set forth in Section 13. 11.3 The Severance payment shall equal four (4) months’ Base Salary, at the Manager’s then-current rate of pay, and the cost of Insurance Benefits as described in Section 3.5, above, for the same four-month period. 11.3.1 Severance payments shall be subject to and conditioned upon the Manager’s execution of a Severance, Waiver, and Release of Claims Agreement, in a form substantially similar to that attached to this Agreement as Exhibit One. ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 5 of 16 11.3.2 The Severance payment shall be paid in a lump sum within twenty (20) days after the expiration of all applicable consideration and revocation periods provided for in the Severance, Waiver, and Release of Claims Agreement. 11.3.3 The Severance payment shall be reduced by all taxes and other withholdings required by law, and by the outstanding balance of any amount due and owing from the Manager to the Town. 11.3.4 Severance shall include reimbursement to Manager for his payment of premiums necessary to maintain Insurance Benefits through COBRA or other applicable laws or regulations providing continuation of coverage for four (4) months following the termination of his employment by the Town without Cause, or by the Manager for Good Reason. 12.0 TERMINATION FOR CAUSE WITHOUT SEVERANCE. This agreement may be terminated for Cause, at any time, upon the vote of the majority of the Town Council. 12.1 For the purpose of this Agreement, “Cause” shall consist of: 12.1.1 Conduct by Manager which is fraudulent or dishonest, including the Manager’s intentional failure to provide known information to the Town Council that is material to Town Council actions; or 12.1.2 Manager’s conduct that, if proven, would constitute a criminal offense evidencing poor character or judgment, or moral turpitude, where Town Council finds that there is reason to believe that such conduct occurred; or 12.1.3 Negligence, malfeasance, misfeasance, or nonfeasance in office; intentional or negligent violation of state or federal civil rights; or sexual harassment; or 12.1.4 Excessive use of alcohol or drugs, which renders Manager unfit or unable to perform his duties, as determined by the Town Council. 12.2 If the Town Council intends to consider termination of Manager’s employment for Cause, the Town Council, at any time, upon the vote of the majority of such Council, shall give Manager written notification stating the Cause for termination (“Notice of Termination for Cause”). If the Manager desires to question whether the matters stated in the Notice of Termination for Cause are accurate, or whether they constitute Cause, Manager shall have the right to do so on written notice (“Notice of Appeal”) to the Town Council given within ten (10) days after his receipt of the Notice of Termination for Cause. Upon receiving the Manager’s Notice of Appeal, the Town Council shall provide the Manager a hearing before the Council within 15 business days. Such hearing shall be conducted in accordance with rules of procedure reasonably established by the Town Council. The Town Council’s determination, which shall be delivered to the Manager ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 6 of 16 within five (5) business days of the Manager’s appeal hearing, shall be final and shall not be subject to further review. 12.3 If the Manager resigns upon notice from the Town Council that it is considering terminating the Manager’s employment for Cause, Town Council, in its sole discretion, may elect to treat such resignation as a termination for Good Reason, with Severance, in accordance with Section 10.2, above, or may elect to treat such resignation as a resignation without Good Reason in accordance with Section 13.0 below, in which case such resignation shall be effective immediately and Manager shall not be entitled to Severance. 13.0 RESIGNATION. As an at-will employee, if Manager voluntarily resigns Manager’s position with the Town in a manner not contemplated by Section 10, Manager shall strive to provide a minimum of forty-five (45) days written notice, unless the Parties otherwise agree. Upon the effective date of resignation, Manager shall be entitled to no further compensation or benefits under this Agreement or otherwise, but will be compensated for accrued, but unused, Paid Time Off in accordance with the Town of Avon Compensation and Benefits Programs, effective January 1, 2016, as may be amended from time to time. 14.0 ARBITRATION. Whenever a dispute arises with respect to this Agreement, or as to any aspect of the Manager’s employment or the termination thereof, that the Parties are unable to resolve through negotiation or other informal process, then, upon written demand of either Party, such dispute shall be submitted to binding arbitration conducted by the Judicial Arbiter Group, Inc. of Denver, Colorado, or its successor, or by such other arbitrator as the Parties may mutually select, pursuant to the rules and procedures determined by agreement of the Parties or, failing such agreement, by the arbitrator. The arbitration hearing shall be held within sixty (60) days of appointment of the arbitrator unless otherwise agreed by both Parties. Furthermore, each Party shall be entitled to one deposition. The Colorado Rules of Evidence shall not apply unless otherwise agreed by the Parties or determined by the arbitrator. Further, the arbitrator shall have discretion to determine whether any proffered evidence is sufficiently reliable and probative to be admitted. The determination of the arbitrator shall be final and absolute. The award of the arbitrator may be entered as a judgment in any court in the State of Colorado or elsewhere. If the Parties are unable to mutually agree on the selection of an arbitrator, then each Party shall select an arbitrator and the two arbitrators shall select a third arbitrator who shall make the determination, render final decisions, and issue an award. The Town shall bear the costs of any arbitration proceeding, however the Town and the Manager shall each bear their own attorney’s fees. The Parties intend this arbitration agreement to be a full and complete waiver of their rights to seek redress in any dispute between them related to the Manager’s Town employment from a court or before a jury. 15.0 INDEMNIFICATION. The Town shall defend, save harmless, and indemnify Manager against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other liabilities incurred by, imposed upon, or suffered by Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of an alleged act or omission ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 7 of 16 in the performance of Manager’s duties as Town Manager or resulting from the Manager’s exercise of judgment or discretion in connection with his proper performance of duties or responsibilities on behalf of the Town, except to the extent the act, omission, or exercise involves the Manager’s reckless, willful, or wanton conduct; intentional misconduct; or, an act, omission or exercise that meets the definition of Cause. Manager may request the Town to provide independent legal representation acceptable to Manager at the Town’s reasonable expense and the Town shall not unreasonably withhold approval. Legal representation provided by the Town for Manager shall extend until a final determination of the legal action including any appeals brought by either party. Any settlement of any claim must be made with prior approval of the Town in order for indemnification as provided in this Section to be available. 16.0 NOTICES. All written notifications contemplated in this Agreement shall be sent to the following addresses via U.S. Mail or nationally recognized overnight courier, provided that the Manager may amend the address for notification by providing written notice of such address change: If to the Town: If to Manager: Mayor Town of Avon 100 Mikaela Way P.O. Box 975 Avon, CO 81620 Eric J. Heil P.O. Box 7436 Avon, CO 81620 With Copy to: Town Attorney 100 Mikaela Way P.O. Box 975 Avon, CO 81620 _______________________________ _______________________________ _______________________________ _______________________________ 17.0 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties as to the subject matter hereof and may not be changed orally, but only by written agreement signed by both Parties. 18.0 BINDING EFFECT. The Agreement shall be binding upon the Town and Manager and, as applicable, upon their heirs, personal representatives, successors, and authorized assigns. 19.0 ASSIGNMENT. The rights and obligations of this Agreement are personal in nature and shall not be assigned or otherwise conveyed by a Party without the prior written consent of the other Party. 20.0 NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Manager, and nothing contained in this Agreement shall give or allow any such claim or right of action by any third person to this Agreement. It is the expressed intention of the Town and Manager that any person other than the ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 8 of 16 Town or Manager receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 21.0 SEVERABILITY. The validity or partial invalidity of any provision of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the Parties shall negotiate and diligently seek to reach agreement regarding the intent of the Parties concerning any such invalid provision. Accordingly, if any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to remain in full force and effect. 22.0 INDEPENDENT LEGAL ADVICE. The Manager acknowledges that the Town has advised him to obtain independent legal advice with respect to entering into this Agreement, and that he has obtained such independent legal advice to the extent he deemed appropriate. Manager further acknowledges that he is entering into this Agreement with full knowledge of the contents hereof, of the Manager’s own free will, and with full capacity and authority to do so. 23.0 ARTICLE X, SECTION 20/TABOR. The Parties 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 of Avon, and other applicable law. Upon the Town’s failure to appropriate such funds, this Agreement shall be deemed terminated and the Manager shall be deemed terminated without Cause, unless such action is the result of a prior termination for Cause pursuant to Section 12. 24.0 COUNTERPART EXECUTION. This Agreement may be executed by the Parties in counterparts, which, together, shall form a single document. Signature Page Follows The Town of Avon, evidenced by the signature of its authorized representative, has read and considered this Town Manager Employment Agreement, understands its terms and conditions, and hereby agrees to employ Eric J. Heil as Avon Town Manager on the terms and conditions set forth herein. TOWN OF AVON, COLORADO ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 9 of 16 BY:_____________________________________ _________________ Amy Phillips, Mayor Date ATTEST:________________________________ _________________ Miguel Jauregui Casanueva, Town Clerk Date APPROVED AS TO FORM: ________________________________________ Nina Williams Eric J. Heil, as evidenced by his signature below, has read and considered this Town Manager Employment Agreement, understands its terms and conditions, and hereby agrees to serve as Avon Town Manager on the terms and conditions set forth herein. Signature Date ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 10 of 16 TOWN OF AVON TOWN MANAGER EMPLOYMENT AGREEMENT EXHIBIT ONE: Form of Severance, Waiver, and Release of Claims Agreement ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 11 of 16 TOWN of AVON, COLORADO SEVERANCE, WAIVER & RELEASE OF CLAIMS AGREEMENT THIS DOCUMENT IS INTENDED AS AN EXAMPLE ONLY AND DOES NOT CONSTITUTE A CURRENT OFFER OF SEVERANCE FROM THE TOWN OF AVON TO THE TOWN MANAGER. This Severance, Waiver, and Release of Claims Agreement (the “Agreement”) is entered into by and between the undersigned Town Manager, Eric J. Heil (“You”) and the Town of Avon, Colorado, and its respective elected officials, employees, agents, representatives, attorneys, and insurers (collectively the “Town”). You and the Town will be referred to collectively as the “Parties.” 1. Your employment with the Town will conclude on , 20 (the “Separation Date”), irrespective of the date upon which You execute this Agreement. 2. By your signature below, You acknowledge and agree that, as of the Separation Date, You were paid all wages or salary, all accrued unused vacation time, characterized by the Town as Paid Time Off, and any other compensation due and owing to You through the Separation Date, less the applicable tax or other deductions required by law, or deductions authorized by You in writing. 3. By your signature below, You agree that You have returned or, within seven (7) days of the Separation Date, will return all the Town property, including all copies of Town documents, which You have had in Your possession, custody, or control at any time through the end of Your employment. Town property includes, but is not limited to, Town files, notes, records, financial information, computer hardware, cellular phones, credit cards, entry cards, identification badges, keys, and any tangible property or materials of any kind that contain any Town proprietary or confidential information. You further agree to return all relevant proprietary information related to the Town that is currently loaded on any hard drive, flash drive, lap top, compact disc, or other electronic medium in your control and You shall not maintain copies of such information after returning it to the Town. 4. If You execute this Agreement, and do not revoke it, the Town agrees to pay the “Separation Benefit,” consisting of: (a) A single, lump sum payment in the amount of Dollars ($ ), which is equivalent to four (4) months’ compensation at your regular rate of pay, less all applicable deductions and local, state, and federal taxes. If You execute this Agreement and do ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 12 of 16 not revoke your execution, this amount will be paid to You within twenty (20) days after the expiration of the revocation period provided for in this Agreement. (b) Reimbursement of amounts You pay to continue your Insurance Benefits for a period of four (4) months following the Separation Date. The Town will issue this reimbursement to You within thirty (30) days of receiving reasonable evidence that You paid the required monthly premium. 5. Should You make a claim for unemployment insurance benefits, the Town will not contest or oppose any award of such benefits, but will accurately respond to inquiries submitted to the Town by the Colorado Department of Labor and Employment. 6. Other than the continuation of health insurance benefits under COBRA, as of the Separation Date, You shall not be eligible to participate in any of the Town’s health benefit plans, including, but not limited to, any plans or programs of medical, dental, or vision insurance. Likewise, as of your Separation Date, You shall not be eligible to participate in the Town’s other employee benefit plans. Nothing in this Section shall prevent You from participating in a COBRA continuation coverage program or any similar state medical and dental insurance continuation coverage program (“COBRA continuation coverage”). 7. YOU SHALL BE RESPONSIBLE FOR TIMELY ELECTION OF COBRA CONTINUATION COVERAGE AND FOR ALL COBRA CONTINUATION COVERAGE PAYMENTS. YOUR FAILURE TO TIMELY ELECT COBRA CONTINUATION COVERAGE OR TO TIMELY REMIT COBRA CONTINUATION COVERAGE PREMIUMS SHALL CAUSE AN IMMEDIATE LOSS OF YOUR COBRA CONTINUATION COVERAGE WITHOUT FURTHER NOTICE. 8. You agree that You desire to receive the Separation Benefit, and that the amount offered to You is above and beyond that to which You would otherwise be entitled. You further acknowledge that: your decision to release the Town is entirely voluntary; You have not been pressured into accepting the Separation Benefit; and You have enough information about the Separation Benefit to decide whether to execute this Agreement. If, for any reason, You believe that your acceptance of the Separation Benefit is not entirely voluntary, or if You believe that You do not have enough information, then You should not execute this Agreement. 9. You acknowledge that You have read and that You understand this Agreement. 10. You agree that, to the maximum extent permitted by applicable law, by executing this Agreement, You hereby covenant not to institute any legal or administrative proceeding against the Town and are fully, finally and forever releasing any and all claims that You have or may have against the Town, to the maximum extent permitted by law, as follows: (a) You agree that by executing this Agreement, You intend to release and forever discharge, and in fact release and forever discharge, the Town and its past and present ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 13 of 16 trustees, officers, agents, insurers, attorneys, assigns, and other representatives of any kind (collectively the “Released Parties”) from any and all claims, demands, rights, liabilities, and causes of action of any kind or nature, known or unknown, arising prior to or through the date that You execute this Agreement; and (b) You agree that your release includes, but is not limited to any and all claims, demands, rights, liabilities and causes of action arising or having arisen out of or in connection with your employment or termination of employment with the Town; and (c) With the exception of claims for the Separation Benefit payable to You and claims for any unemployment benefits to which You may be entitled, by your signature below, You intend to and do release and waive any claim or right to further compensation, benefits, damages, penalties, attorneys' fees, costs, or expenses of any kind from the Town; and (d) This release specifically includes, but is not limited to, a release of any and all claims pursuant to: (i) state or federal wage payment laws; (ii) the Colorado Anti-Discrimination Act; (iii) Title VII of the Civil Rights Act of 1964; (iv) the Rehabilitation Act of 1973; (v) the Reconstruction Era Civil Rights Acts, 42 U.S.C. §§ 1981-1988; (vi) the Civil Rights Act of 1991; (vii) the Americans with Disabilities Act & the Americans with Disabilities Amendments Act of 2008; (viii) Executive Order 11246; (ix) the Family Medical Leave Act of 1993 and any other state or federal family and/or medical leave acts; (x) the Consolidated Omnibus Budget Reconciliation Act of 1985; (xi) the Uniformed Services Employment and Reemployment Rights Act; (xii) the Genetic Information Nondiscrimination Act of 2008; (xiii) the Employee Retirement Income Security Act of 1974; and ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 14 of 16 (xiv) any other federal, state or local laws or regulations of any kind, whether statutory or decisional. This release also includes, but is not limited to, a release of any claims for wrongful termination, personal injury, breach of contract, defamation, misrepresentation, violation of public policy or invasion of privacy, and tortious interference with contract. This release covers claims that You know about as well as those You may not know about; and (e) To the extent allowed by applicable statutory and regulatory law, the release contained in the preceding paragraph includes a waiver of rights and claims which You may have arising under the federal Age Discrimination in Employment Act of 1967 (Title 29, United States Code, 621 et seq.) (the “ADEA”). Pursuant to the Older Workers Benefit Protection Act (Public Law 101-433; 1990 S. 1511), You acknowledge that this release is intended to apply to, and You expressly agree that it shall be effective as a waiver of, rights and claims arising under the ADEA; and (f) This release does not include any claims that cannot be released or waived by law. Nothing in this Agreement is intended to limit, restrict or interfere with your right to engage in any protected activity under the National Labor Relations Act. Further, by executing this Agreement, You do not waive rights and claims that may arise subsequent to the execution of this Agreement. Execution of this Agreement does not affect your ability to participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the Colorado Civil Rights Division, or a comparable local agency. However, notwithstanding the foregoing, You agree to waive your right to recover monetary damages in any amount awarded in any charge, complaint, or lawsuit filed by You or by anyone else on your behalf; and (g) You agree that this Agreement is intended to be interpreted in the broadest possible manner in favor of the Town, to include all actual or potential legal claims that You may have against the Town, except as specifically provided otherwise in this Agreement; and (h) You further agree that You have not experienced any illness, injury, or disability compensable or recoverable under the worker’s compensation laws of the State of Colorado that You have not reported to the Town and You agree that You will not file a worker’s compensation claim asserting the existence of any such illness, injury, or disability; and (i) You agree that You have been and are hereby advised by The Town to consult with an attorney prior to executing this Agreement. 11. You agree that the Separation Benefit that You are accepting by signing this Agreement has value to you. You agree that You would not be entitled to the Separation Benefit without signing this Agreement. You acknowledge that You will receive the Separation Benefit in exchange for the benefit You are providing to the Town and the Released Parties by signing this ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 15 of 16 Agreement. You also acknowledge and agree that the Town will withhold from the Separation Benefit all applicable deductions and federal, state and local taxes. 12. You agree that the Separation Benefit is the only benefit You are to receive by signing this Agreement, and that in signing this Agreement You did not rely on any information, oral or written, from anyone, including your supervisor, other than the information contained in this Agreement. 13. You represent that You have not previously assigned or transferred any of the legal rights and claims that You have waived by signing this Agreement. You agree that this Agreement also binds all persons who might assert a legal right or claim on your behalf, such as your heirs, personal representatives, and assigns. 14. You agree not to disparage the Town, its trustees, officers, employees, agents, or reputation. 15. This Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which shall be deemed to constitute one instrument. 16. You agree that: (a) this Agreement constitutes the entire agreement between You and the Town regarding its subject matter, without regard to any other oral or written information that You may have received about this Agreement; (b) if any part of this Agreement is declared to be unenforceable, all other provisions of this Agreement shall remain enforceable; and (c) this Agreement shall be governed by federal law and by the laws of the State of Colorado, irrespective of the choice of law rules of any jurisdiction. 17. You also agree that to the extent You are bound by a proprietary information agreement or confidentiality agreement, those agreements are not released hereby. 18. You have up to twenty-one (21) days after You receive this Agreement to consider whether to execute this Agreement (the “Deliberation Period”). During the Deliberation Period, You should consult with an attorney of your choosing and consider whether You wish to sign this Agreement. You agree that, after You have signed and delivered this Agreement to the Town, this Agreement will not be effective or enforceable until the end of a seven (7) day revocation period beginning the day that You deliver this Agreement to the Town (the “Revocation Period”). You understand that You will not receive the Separation Benefit as applicable until the Revocation Period has expired. During the Revocation Period, You may revoke this Agreement without condition and in your sole judgment, but You may do so only by delivering a written statement of revocation to the Town. If the Town does not receive a written revocation notice by the end of the Revocation Period, this Agreement will become legally enforceable and You may not thereafter revoke this Agreement. Remainder of page intentionally blank; signature page follows ATTACHMENT A: Heil Employment Agreement 2024 Town Manager Employment Agreement July 23, 2024 Page 16 of 16 By signing below You: (a) acknowledge that You have read and understand this Agreement; (b) understand that it is a legally binding document that may affect your legal rights; and (c) have been advised to consult a lawyer of your choosing before signing this Agreement and have had an opportunity to do so to the extent you deem appropriate. ERIC J. HEIL Signature: Date: The Town of Avon, evidenced by the signature of its authorized representative, has read and considered this Town Manager Severance, Waiver, and Release of Claims Agreement, understands its terms and conditions, and hereby agrees to these terms and conditions with respect to the departure from employment of Eric J. Heil as Avon Town Manager on the terms and conditions set forth herein. TOWN OF AVON, COLORADO BY: , Mayor Date ATTEST: , Town Clerk Date ATTACHMENT A: Heil Employment Agreement 2024 970-748-4076 NMosby@avon.org TO: Honorable Mayor Phillips and Council members FROM: Nicole Mosby, Town Engineer RE: Holy Cross E nergy Easement - Nottingham Park Trails: Lower Athletic Field DATE: July 11, 2024 SUMMARY: This report presents for Council consideration an easement with Holy Cross Energy (“HCE”) for a transformer relocation and requests Town Council to authorize signature of the easement document once available. The transformer relocation is part of the scope of the Nottingham Park Trails – Lower Athletic Field Improvements Project . The project includes development of a new recreation trail segment from West Beaver Creek Blvd to the Nottingham Park Lower Athletic Field on the northside of railroad right - of -way . The transformer must be relocated ~8 feet to the south to make adequate clear width for the new trail segment. Holy Cross requires an easement for the new transformer location for access and maintenance of the relocated transformer. However, a C orrection Plat of the Benchmark at Beaver Creek Tract G where the trail is located is currently in process impacting the legal description and exhibits for the easement agreement. Attachment A is an example of the standard Holy Cross Energy Underground Right- of -Way Easement. Staff requests preapproval of the easement and authorization for the Mayor to sign the easement once the legal descriptions and exhibits are available to complete the easement document. PROJECT SITE: BACKGROUND: A new segment of recreation t rail is currently under construct ion from West Beaver Creek Blvd to the Nottingham Park Lower Athletic Field between the Union Pacific Railroad Right -of -Way and the Avon Water Treatment Facility . The trail construction is made possible by the correction of the railroad 970 -471 -4420 nmosby@avon.org Page 2 of 2 right-of -way boundary . It was discovered that the existing Union Pacific Railroad Right -of -Way on the plats of Tracts G and P was measured from the incorrect set of railroad tracks. Therefore, a correction plat of Tract G is being recorded to correct this error and document public ownership of this sliver of land. The additional width on the northside allows enough space to construct the new trail segment only if the existing transformer is shifted approximately 8 feet to the south. The transformer is currently in the middle of the proposed trail alignment and serves utilities in the area. This work is contracted for completion under the trails project but cannot be completed until an easement is executed. Attachment A is an example of the Holy Cross Energy Underground Right-of -Way Easement document . The correction plat is currently being prepared by SurvWest surveying and is scheduled to be provided by the week of July 22, 2024. The legal description and exhibit required to prepare the transformer easement document are anticipated to be provided immediately after. The easement dedication will entail a 20-foot- wide strip along the corrected sliver parcel from the West Beaver Creek Blvd right -of -way to the transformer east to accommodate the 6-foot by 6-foot transformer vault and the powerlines that feed and distribute power from the transformer. Staff request pre-approval for the Mayor to sign the easement with Holy Cro ss Energy for the relocated transformer upon receipt of the final document and review by the Town Attorney. FINANCIAL CONSIDERATIONS : The costs for this scope were itemized within the 2024 Trail Improvements Project contract at approximately $40,410 plus excavation costs (not itemized for this scope). Funding for this scope of work is currently allocated in the 2024 CIP Budget for the 2024 Trail Improvements Project . PROPOSED MOTION: “I move to approve the Holy Cross Energy Underground Right -of -Way Easement for the transformer relocation on Tract G of H.A. Nottingham Park , and authorize the Mayor to sign the easement document upon review by the Town Attorney .” Thank you, Nicole ATTACHMENT A : Example Holy Cross Energy Underground Right -of -Way Easement Document HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, (hereinafter called "Grantor "), for a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in the County of , State of Colorado, described as follows: SEE ATTACHED EXHIBIT A And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, including without limitation any communications facilities, fiber optic facilities, wireless transmitters, receivers, phone line carrier equipment and other communication equipment of any kind, within the above mentioned lands, upon an easement described as follows: SEE ATTACHED EXHIBIT B The rights herein granted specifically allow Grantee to install additional underground and/or pad-mounted facilities within the easement described herein. It shall be the Grantor’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee’s boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor . Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agree that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this easement. Grantor agree that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenant that the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor ha caused these presents to be duly executed on this day of , 20 . The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represent that full power and authority to sign, execute, and deliver this instrument. STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by . WITNESS my hand and official seal. My commission expires: Notary Public Address: W/O# Revised 9-14-04 970-390-4013 jshoun@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Jim Shoun, Mobility Manager RE: Notice of Award –Fleet Lift Replacement DATE: July 13,2024 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the construction and replacement of Avon Fleet Heavy Duty Lifts as approved in the Town of Avon 2024 Budget. The project will replace an outdated 4 Post Mobile Heavy Duty Lift as well as remove and replace a Heavy Duty Scissor Lift in the Fleet Wash Bay. Construction is estimated to begin in November, 2024, and be completed by December 2024. DISCUSSION: The project consists of the following three (3) Areas: 1. Purchasing the 4 Post Heavy Duty Lift. These are portable and no construction is required. a. Estimated Schedule: Project begins November 4, 2024. Completion Date/Training: November 5, 2024 b. Four Post Lift Cost: $51,804.16 2. Purchasing the Heavy Duty Scissor Lift a. Estimated Schedule: Project begins November 4, 2024. Completion Date/Training: December 6, 2024 b. Scissor Lift Cost: $173,942.32 i. SKY .624 / 200 - 62,400 lbs, platform length 33' $ 132,590.48 ii. Wash bay model 33' (Galvanized runways and stainless steel control box) $28,111.20 iii. Set short drive-on/off ramps, instead of the standardmulti flexible approach ramps - Washbay $2,517.36 iv. [MISC-Supply Hose] Supply Hose $ 650.00 v. Extended Warranty : $8,600.00 vi. Freight : $6500.00 3. Heavy Duty Scissor Lift Installation: a. Estimated Schedule: Project begins November 4, 2024. Completion Date/Training: 970-390-4013 jshoun@avon.org December 6, 2024 b. Construction Costs: $38,731.00 i. Remove old Lift: $4,500.00 ii. Concrete Work: $28,781.00 iii. New Lift Installation: $5450.00 For this project, we used the Sourcewell Government Cooperative Purchasing Program. FINANCIAL CONSIDERATIONS: The contract for the Project will be funded from the already awarded 2024- 5339 Faster grant as well as the Fleet Maintenance Account. Four Post Lift $ 51,804.16 Washbay Scissor Lift $ 173,934.32 Construction $ 38,371.00 Total $ 264,109.48 CDOT 5339 GRANT PORTION $ 211,288.00 TOWN OF AVON PORTION $ 52,821.48 RECOMMENDATION: Staff requests Council authorization to award the purchase and construction of the of the Fleet Heavy Duty Lifts to ODP in the amount of $255,088.48. PROPOSED MOTION: “I move to authorize the issuance of a Notice of Award for the purchase and construction of the of the Fleet Heavy Duty Lifts to ODP in the amount of $264,109.48 as approved in the Town of Avon 2024 Budget” Thank you, Jim 303-376-8512 nina@wwfdlaw.com TO: Honorable Mayor Phillips and Council members FROM: Nina Williams, Town Attorney RE: First Amendment to Avon Station Bus Shelter IGA DATE: July 18, 2024 SUMMARY: The First Amendment to the Avon Station Bus Shelter IGA between the Town and Eagle County, Colorado is presented for Council consideration. BACKGROUND: The Town and Eagle County, Colorado entered into an IGA dated February 14, 2017 with respect to, in part, the design and construction of a new bus shelter (“Bus Shelter”) to replace the former facility. Pursuant to the 2017 IGA the Bus Shelter was to be located in a location different than the former facility. However, the Bus Shelter did not fit in the proposed location identified in the 2017 IGA so the Bus Shelter was constructed in the same location as the former facility. The First Amendment is intended to memorialize the general location of the Bus Shelter since it differs from that set forth in the 2017 IGA. RECOMMENDATION: I recommend Council approve the First Amendment to the Avon Station Bus Shelter IGA between the Town and Eagle County, Colorado. PROPOSED MOTION: “I move to approve the First Amendment to the Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Avon regarding the Avon Station Bus Shelter, and to authorize the Mayor, Amy Phillips, and Town Clerk, Miguel Jauregui Casanueva to sign the First Amendment. Thank you, Nina ATTACHMENT A: Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Avon regarding the Avon Station Eco Transit Shelter, dated February 14, 2017 ATTACHMENT B: First Amendment to the Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Avon regarding the Avon Station Bus Shelter INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON REGARDING THE AVON STATION ECO TRANSIT SHELTER THIS AGREEMENT, made and entered into this kA& day of 2017, by and between the Board of County Commissioners of the Countyof Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County") and the Town of Avon, a Colorado home rule municipal corporation (hereinafter referred to as the "Town"). The County and Town shall collectively be referred to as the "Parties". RECITALS: WHEREAS, Resolution No. 96-22 created the Eagle County Transportation Authority and provided for its duties and powers, among which are to provide recommendations to the County with respect to expenditure of funds serving the County's mass transportation system; and WHEREAS, the County is planning to undertake the design of a new bus shelter the "Bus Shelter") to replace the existing ECD Transit bus shelter facility located at Avon Station (the "Project") and the Town has agreed to participate by entering into contracts for construction of the Project; and WHEREAS, on December 17, 2013, the Town approved a public improvement project to Lettuce Shed Lane and the Pedestrian Mall (the "Mall Project"), and WHEREAS, the County and Town agree that coordination of the Project and Mall Project will result in cost savings and construction benefits; and WHEREAS, the County and Town have determined that the existing bus shelter shall be demolished and the new Bus Shelter shall be located at Avon Station to accommodate the Mall Project and to serve the citizens of Eagle County, as well as the residents of the Town; and WHEREAS, the Parties entered an Intergovernmental Agreement regarding the Project on March 25, 2014 (the "Original IGA"), the term of which expired on December 31, 2014; and WHEREAS, the Parties now desire to enter into a new Intergovernmental Agreement setting forth compatible terms and conditions as the Original IGA; and WHEREAS, the County is the recipient of a FTA Section 5311 grant and is a party to an agreement with the Colorado Department of Transportation (SAP PQ 491001144) to fund the Project (the "5311 Grant"); and WHEREAS, this Agreement for cooperation between two governmental entities is C17-082 ATTACHMENT A authorized by C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT: NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the Parties hereto agree as follows: 1. SCOPE/DESCRIPTION OF THE PROJECT A. The County has designed the new Bus Shelter for Avon Station as generally depicted in Exhibit A which is attached hereto and incorporated herein by reference. The Project requires the demolition of the existing bus shelter at Avon Station and design and construction of the new Bus Shelter for Avon Station. The Project is located on land owned by the Town. B. The Bus Shelter will be built in the alignment and to the standards set forth by the Town and agreed upon by the County and shall be located, as set forth in Exhibit A. In the event the Town desires to deviate from the alignment or approved standards, it shall first obtain written approval for such modification from County. C. The Parties agree that this Project requires coordination and effort between and by the Parties and that it is impossible to anticipate every issue that might arise in the course of planning, management, design and construction of the Project. In light of the foregoing, each party agrees to work with the other in the spirit of good faith and fair dealing. 2. PROJECT FUNDIN A. Town and County have approved, budgeted and committed to funding the Project as follows: i. Subject to availability of grant funds under the 5311 Grant, County shall be responsible for costs associated with the design and construction of the new Bus Shelter as depicted in Exhibit A which shall include and be subject to the following: a) Construction of the new Bus Shelter structure: b) Utilities associated with the construction and installation of the Bus Shelter, with the exception of the electrical stub -out as identified in section 2.A.ii(b), below; c) Concrete pads for securing the Bus Shelter to the 2 ground; and d) Demolition and replacement of concrete and pavers related to the installation of the new Bus Shelter. e) County's obligation as set forth herein shall not exceed $100,000 without the prior written consent and agreement of County. The Mown shall be responsible for costs associated with: a) Removal of the existing bus shelter; b) Removal of the existing light fixture, at the new Bus Shelter location, including its base and other related improvements and provide an electrical stub -out acceptable to the County for the purpose of connecting to the Bus Shelter; c) The cost of electrical service for lighting and signage of the new Bus Shelter; and d) The Town also agrees to repair and replace any concrete and pavers that may be damaged as a result of the work identified in paragraph 2.A.ii (a) through (d). iii. The Town agrees to waive all design review fees associated with the Project and the County will apply for and obtain design approval of the Project. iv. The Town agrees to waive any building permit or other fees associated with the Project and will apply for and receive a building permit for the Project. V. The Town agrees to enter into all contracts necessary for the construction of the Project and will provide all construction management services at no cost to the County. vi. The Parties agree that the amount set forth in paragraph 2.A, i. (a) through (e) is expected to be sufficient to complete the Project and obligations set forth in that paragraph. If, after the Project is bid and before construction begins, the Parties determine that the funds identified are not sufficient, then the Parties shall work together to identify whether there are any cost savings that can be applied. If no cost savings are available, then the Parties shall mutually agree upon how to address such cost overruns or alternatively, either party may elect to terminate this Agreement. vii. If, during construction of the Project, the Parties determine that the funds identified in this agreement are not sufficient, then the Parties shall work together to identify whether there are any cost savings that can be applied. If no cost savings are available, then the Parties shall mutually agree upon how to address such cost overruns. In no event shall County's obligations be increased without its prior written approval. viii. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to either party nor shall any payment be made in excess of the amount for any work done in respect of any period after December 31 of any year without the written approval in accordance with a budget adopted by the Board of County Commissioners or Avon Town Council in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, Local Government Budget Law (C.R.S. 29-1-101 et. seq. and Tabor Amendment (Colorado Constitution, Article X, Sec. 20). ix. In consideration for the monetary payment from the County as set forth in paragraph 2.A.i., the Town shall utilize and spend those funds solely for those portions of the Project identified in paragraph 2.AJ. X. Upon completion of the Project, the Town will submit one complete and final invoice based on funds actually expended by it to the Director of the Eagle County Regional Transportation Authority, P.O. Box 1070, Gypsum, Colorado 81637. Payment will be made according to the County's regular bill paying procedure. X1. All funds received under this Agreement shall be expended solely for the purpose stated herein, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned to the County. xii. The Town shall maintain adequate records for reporting to the County. The Town shall maintain all records pertaining to this Agreement for a minimum of three (3) years and may be subjected to an audit by federal, state, or county auditors or their designees as requested. If misuse of funds is discovered by an auditor, the Town shall return said misused funds to the County. Ail. The Town authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the Town, with forty-eight (48) hours written notice, for the purpose of evaluating performance under this Agreement. 3. PROJECT TEAM AND REPRESENTATIVES. A. The Parties agree that the Town of Avon Engineering staff and County ECO Transit Department staff shall serve as the project team. Justin Hildreth shall serve as the Project Representative for the Town and Jared Barnes shall serve as the Project Representative for the County. 4. CONSTRUCTION AND CONSTRUCTION MANAGEMENT. A. The Town will enter into construction contracts through a public solicitation process, all of which shall comply with the requirements of the 5311 Grant, and will seek an itemized statement of costs for each element of the Project as set forth in paragraphs 2.A.i. and 2.A.4 above. B. The County will be named a third party beneficiary with respect to any work in connection with the Bus Shelter and the County shall have the right, but not the obligation, to enforce the warranty or other contract provisions for work affecting the new Bus Shelter structure to be owned by the County. C. The Mown will manage and administer the contracts with assistance from the County, if requested and available. D. .The Parties agree to waive any claims against each other associated with the selection, preparation and administration of the construction contract. The Parties agree to waive and hold harmless each other from any defects or deficiencies in the design or construction of the Project. Neither party is waiving any claims that might arise against the designer or contractor. 5. PROJECT OWNERSHIP AND MANAGEMENT UPON COMPLETION. A. The Town is the fee simple owner of the land upon which the new Bus Shelter will be located. The County will be the owner of the Bus Shelter structure upon completion of construction. Thus, the Town hereby grants to the County a license for a term of 25 years, from the date of execution of this agreement, for the location, operation, construction, maintenance and repair of and access to and from the Bus Shelter. Following completion of construction, County shall be responsible for all upkeep and maintenance associated with the Bus Shelter structure. The license granted herein may be modified, extended or earlier terminated upon mutual agreement of the Parties in writing. If the parties agree to terminate the license before the end of the 15th year from the date of completion of construction, the Town shall reimburse the County for the then current fair market value of the structure based on its remaining useful life, as determined by CDOT and the FTA under CDOT and FTA standards. If the parties agree to terminate the license after the end of the 151h year from the date of construction, the Town shall reimburse the County for the then current value of the structure, as jointly determined by the Parties. This paragraph shall survive termination of this Agreement. B. The Town shall be responsible for all upkeep and maintenance of the areas immediately surrounding the Bus Shelter, including, but not limited to trash cleanup and snow removal. The electricity for the lights and electronic bus signage in the bus shelter will be provided by and paid for by the Town. This paragraph shall survive termination of this Agreement. C. Town will own, manage and maintain The location of the old bus shelter and the land upon which the new Bus Shelter is located. This paragraph shall survive termination of this Agreement. 6. INSURANCE AND GOVERNMENTAL IMMUNITY. A. The County and Town shall each provide their own public liability, property damage and errors and omissions coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. This paragraph shall survive termination of this Agreement. B. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either party, its officials, employees, contractors' or agents, or any other person acting on behalf of either party 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. This paragraph shall survive termination of this Agreement. 7. PERIOD OF AGREEMENT A. The term of this Agreement shall commence on the date said Agreement is executed by both Parties and shall terminate on December 31, 2018, unless the Agreement is extended by both Parties prior to the end date stated herein. Notwithstanding the foregoing, paragraphs 5 and 6 shall survive termination of this fi Agreement. 8. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: Eagle County Eagle County Regional Transportation Authority Attn: Jared Barnes P.O. Box 1070 Gypsum, Colorado 81637 THE TOWN: Town of Avon Town Manager Attn: Virginia Egger P.Q. Box 975 Avon, Colorado 81620 9. ASSIGNMENT A. This Agreement shall be binding upon and inure to the benefit of the Town and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns; provided, however, that neither party may assign nor delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. B. While the Parties anticipate and agree that the Town will hire a contractor to perform the work necessary to complete the Project, the Town shall not otherwise assign any rights or delegate any duties under the Agreement to a third party without the written consent of the County, which shall determine the acceptability of the third party to the County. Any effort to effect such an assignment without the written consent of the County will terminate the Agreement immediately at the option of the County. I L07. MISCELLANEOUS A. The Parties of this Agreement intend that the relationship of the Town to the County is that of cooperating governmental entities pursuant to C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. No officer, agent, employee or volunteer of, or contractor for the Town shall be deemed to be an agent, employee or volunteer of or contractor for the County. 7 Likewise, no officer, agent, employee or volunteer of the County shall be deemed to be an agent, employee or volunteer for the Town. B. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted. C. Each party shall comply with all applicable laws, resolutions, and codes of the State of Colorado. County of Eagle, Town of Avon and all federal laws barring discrimination. D. No person shall have any personal financial interest, direct or indirect, in this Agreement. F. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado. F. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. Signature Page to Follow // K IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. ATTEST: Regina O' Brien, Clerk to the Board of County Commissioners ATTEST: m. Debbie Hoppe, Town COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Jillian H. Ryan, Chair TOWN OF AVON S EA L; QY. Jennie Fancher, Mayor Exhibit A s Legend: Current Shelter Location Proposed Shelter Location V/ Proposed License Area 10 i( 1 0 a y s Legend: Current Shelter Location Proposed Shelter Location V/ Proposed License Area 10 1 FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON REGARDING THE AVON STATION BUS SHELTER THIS FIRST AMENDMENT, made and entered into this _______ day of _________________, 2024 (“First Amendment”), by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the “County”) and the Town of Avon, a Colorado home rule municipal corporation (hereinafter referred to as the “Town”). The County and Town shall collectively be referred to as the “Parties”. RECITALS: WHEREAS, the Parties entered into an Intergovernmental Agreement, dated February 14, 2017 (the “Agreement”), with respect to, in part, the design and construction of a new bus shelter (the “Bus Shelter”) to replace the former facility located at Avon Station (the “Project”); and WHEREAS, pursuant to the Agreement, the Bus Shelter was to be located in a location different than the former facility, which location was identified in Exhibit A to the Agreement; and WHEREAS, the Bus Shelter did not fit in the proposed location identified in the Agreement so the Bus Shelter was constructed in the same location as the former facility; and WHEREAS, this First Amendment is intended to memorialize the location of the Bus Shelter since it differs from that set forth in the Agreement; and WHEREAS, this Agreement for cooperation between two governmental entities is authorized by C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT: NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the Parties hereto agree as follows: 1.SCOPE/DESCRIPTION OF THE PROJECT A.The Bus Shelter for Avon Station was constructed in the location generally depicted on Exhibit A, which is attached hereto and incorporated herein by reference. The Project is located on land owned by the Town. B. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with Exhibit A attached hereto. ATTACHMENT B 2 2. MISCELLANEOUS A. Except as herein specifically set forth in this First Amendment, all other provisions of the Agreement shall remain in full force and effect and be binding upon the Parties in accordance with their terms. If any inconsistencies exist between the Agreement and this First Amendment, the terms of this First Amendment shall control. B. This First Amendment together with the Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. C. This First Amendment may be executed in multiple counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S. // Signature Page to Follow // 3 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Regina O’Brien Matt Scherr Clerk to the Board of Chair County Commissioners TOWN OF AVON ATTEST: By: By: Miguel Jauregui Casanueva Amy Phillips Town Clerk Mayor 4 Exhibit A BUS SHELTER LICENSE AREA 303-376-8512 nina@wwfdlaw.com TO: Honorable Mayor Phillips and Council members FROM: Nina Williams, Town Attorney RE: Assignment of the Avon Station Bus Shelter IGA DATE: July 18, 2024 SUMMARY: The Assignment, Assumption and Consent Agreement regarding the Avon Station Bus Shelter IGA is presented for Council consideration. BACKGROUND: The Town and Eagle County, Colorado entered into an IGA dated February 14, 2017, as subsequently amended, regarding the funding, construction, ownership, use and maintenance of the Avon Station Bus Shelter (“Avon Station Bus Shelter IGA”). The Eagle Valley Transportation Authority (“EVTA”) was established for the purpose of financing, constructing, operating, improving and maintaining a regional transportation system in the Eagle River Valley of Eagle County, Colorado. Based on the foregoing, and pursuant to an IGA (dated November 2022) between Eagle County, Colorado and EVTA, Eagle County, Colorado seeks to assign, and EVTA seeks to assume Eagle County, Colorado’s rights and obligations under the Avon Station Bus Shelter IGA. Eagle County, Colorado and EVTA seek the Town’s consent in connection with such assignment as required by the Avon Station Bus Shelter IGA. RECOMMENDATION: I recommend Council approve the Assignment, Assumption and Consent Agreement regarding the Avon Station Bus Shelter IGA. PROPOSED MOTION: “I move to approve the Assignment, Assumption and Consent Agreement regarding the Avon Station Bus Shelter, and to authorize the Mayor, Amy Phillips, and Town Clerk, Miguel Jauregui Casanueva to sign the Assignment, Assumption and Consent Agreement regarding the Avon Station Bus Shelter. Thank you, Nina ATTACHMENT A: Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Avon regarding the Avon Station Eco Transit Shelter, dated February 14, 2017, as amended. ATTACHMENT B: Assignment, Assumption and Consent Agreement regarding the Avon Station Bus Shelter INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON REGARDING THE AVON STATION ECO TRANSIT SHELTER THIS AGREEMENT, made and entered into this kA& day of 2017, by and between the Board of County Commissioners of the Countyof Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County") and the Town of Avon, a Colorado home rule municipal corporation (hereinafter referred to as the "Town"). The County and Town shall collectively be referred to as the "Parties". RECITALS: WHEREAS, Resolution No. 96-22 created the Eagle County Transportation Authority and provided for its duties and powers, among which are to provide recommendations to the County with respect to expenditure of funds serving the County's mass transportation system; and WHEREAS, the County is planning to undertake the design of a new bus shelter the "Bus Shelter") to replace the existing ECD Transit bus shelter facility located at Avon Station (the "Project") and the Town has agreed to participate by entering into contracts for construction of the Project; and WHEREAS, on December 17, 2013, the Town approved a public improvement project to Lettuce Shed Lane and the Pedestrian Mall (the "Mall Project"), and WHEREAS, the County and Town agree that coordination of the Project and Mall Project will result in cost savings and construction benefits; and WHEREAS, the County and Town have determined that the existing bus shelter shall be demolished and the new Bus Shelter shall be located at Avon Station to accommodate the Mall Project and to serve the citizens of Eagle County, as well as the residents of the Town; and WHEREAS, the Parties entered an Intergovernmental Agreement regarding the Project on March 25, 2014 (the "Original IGA"), the term of which expired on December 31, 2014; and WHEREAS, the Parties now desire to enter into a new Intergovernmental Agreement setting forth compatible terms and conditions as the Original IGA; and WHEREAS, the County is the recipient of a FTA Section 5311 grant and is a party to an agreement with the Colorado Department of Transportation (SAP PQ 491001144) to fund the Project (the "5311 Grant"); and WHEREAS, this Agreement for cooperation between two governmental entities is C17-082 ATTACHMENT A authorized by C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT: NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the Parties hereto agree as follows: 1. SCOPE/DESCRIPTION OF THE PROJECT A. The County has designed the new Bus Shelter for Avon Station as generally depicted in Exhibit A which is attached hereto and incorporated herein by reference. The Project requires the demolition of the existing bus shelter at Avon Station and design and construction of the new Bus Shelter for Avon Station. The Project is located on land owned by the Town. B. The Bus Shelter will be built in the alignment and to the standards set forth by the Town and agreed upon by the County and shall be located, as set forth in Exhibit A. In the event the Town desires to deviate from the alignment or approved standards, it shall first obtain written approval for such modification from County. C. The Parties agree that this Project requires coordination and effort between and by the Parties and that it is impossible to anticipate every issue that might arise in the course of planning, management, design and construction of the Project. In light of the foregoing, each party agrees to work with the other in the spirit of good faith and fair dealing. 2. PROJECT FUNDIN A. Town and County have approved, budgeted and committed to funding the Project as follows: i. Subject to availability of grant funds under the 5311 Grant, County shall be responsible for costs associated with the design and construction of the new Bus Shelter as depicted in Exhibit A which shall include and be subject to the following: a) Construction of the new Bus Shelter structure: b) Utilities associated with the construction and installation of the Bus Shelter, with the exception of the electrical stub -out as identified in section 2.A.ii(b), below; c) Concrete pads for securing the Bus Shelter to the 2 ground; and d) Demolition and replacement of concrete and pavers related to the installation of the new Bus Shelter. e) County's obligation as set forth herein shall not exceed $100,000 without the prior written consent and agreement of County. The Mown shall be responsible for costs associated with: a) Removal of the existing bus shelter; b) Removal of the existing light fixture, at the new Bus Shelter location, including its base and other related improvements and provide an electrical stub -out acceptable to the County for the purpose of connecting to the Bus Shelter; c) The cost of electrical service for lighting and signage of the new Bus Shelter; and d) The Town also agrees to repair and replace any concrete and pavers that may be damaged as a result of the work identified in paragraph 2.A.ii (a) through (d). iii. The Town agrees to waive all design review fees associated with the Project and the County will apply for and obtain design approval of the Project. iv. The Town agrees to waive any building permit or other fees associated with the Project and will apply for and receive a building permit for the Project. V. The Town agrees to enter into all contracts necessary for the construction of the Project and will provide all construction management services at no cost to the County. vi. The Parties agree that the amount set forth in paragraph 2.A, i. (a) through (e) is expected to be sufficient to complete the Project and obligations set forth in that paragraph. If, after the Project is bid and before construction begins, the Parties determine that the funds identified are not sufficient, then the Parties shall work together to identify whether there are any cost savings that can be applied. If no cost savings are available, then the Parties shall mutually agree upon how to address such cost overruns or alternatively, either party may elect to terminate this Agreement. vii. If, during construction of the Project, the Parties determine that the funds identified in this agreement are not sufficient, then the Parties shall work together to identify whether there are any cost savings that can be applied. If no cost savings are available, then the Parties shall mutually agree upon how to address such cost overruns. In no event shall County's obligations be increased without its prior written approval. viii. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to either party nor shall any payment be made in excess of the amount for any work done in respect of any period after December 31 of any year without the written approval in accordance with a budget adopted by the Board of County Commissioners or Avon Town Council in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, Local Government Budget Law (C.R.S. 29-1-101 et. seq. and Tabor Amendment (Colorado Constitution, Article X, Sec. 20). ix. In consideration for the monetary payment from the County as set forth in paragraph 2.A.i., the Town shall utilize and spend those funds solely for those portions of the Project identified in paragraph 2.AJ. X. Upon completion of the Project, the Town will submit one complete and final invoice based on funds actually expended by it to the Director of the Eagle County Regional Transportation Authority, P.O. Box 1070, Gypsum, Colorado 81637. Payment will be made according to the County's regular bill paying procedure. X1. All funds received under this Agreement shall be expended solely for the purpose stated herein, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned to the County. xii. The Town shall maintain adequate records for reporting to the County. The Town shall maintain all records pertaining to this Agreement for a minimum of three (3) years and may be subjected to an audit by federal, state, or county auditors or their designees as requested. If misuse of funds is discovered by an auditor, the Town shall return said misused funds to the County. Ail. The Town authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the Town, with forty-eight (48) hours written notice, for the purpose of evaluating performance under this Agreement. 3. PROJECT TEAM AND REPRESENTATIVES. A. The Parties agree that the Town of Avon Engineering staff and County ECO Transit Department staff shall serve as the project team. Justin Hildreth shall serve as the Project Representative for the Town and Jared Barnes shall serve as the Project Representative for the County. 4. CONSTRUCTION AND CONSTRUCTION MANAGEMENT. A. The Town will enter into construction contracts through a public solicitation process, all of which shall comply with the requirements of the 5311 Grant, and will seek an itemized statement of costs for each element of the Project as set forth in paragraphs 2.A.i. and 2.A.4 above. B. The County will be named a third party beneficiary with respect to any work in connection with the Bus Shelter and the County shall have the right, but not the obligation, to enforce the warranty or other contract provisions for work affecting the new Bus Shelter structure to be owned by the County. C. The Mown will manage and administer the contracts with assistance from the County, if requested and available. D. .The Parties agree to waive any claims against each other associated with the selection, preparation and administration of the construction contract. The Parties agree to waive and hold harmless each other from any defects or deficiencies in the design or construction of the Project. Neither party is waiving any claims that might arise against the designer or contractor. 5. PROJECT OWNERSHIP AND MANAGEMENT UPON COMPLETION. A. The Town is the fee simple owner of the land upon which the new Bus Shelter will be located. The County will be the owner of the Bus Shelter structure upon completion of construction. Thus, the Town hereby grants to the County a license for a term of 25 years, from the date of execution of this agreement, for the location, operation, construction, maintenance and repair of and access to and from the Bus Shelter. Following completion of construction, County shall be responsible for all upkeep and maintenance associated with the Bus Shelter structure. The license granted herein may be modified, extended or earlier terminated upon mutual agreement of the Parties in writing. If the parties agree to terminate the license before the end of the 15th year from the date of completion of construction, the Town shall reimburse the County for the then current fair market value of the structure based on its remaining useful life, as determined by CDOT and the FTA under CDOT and FTA standards. If the parties agree to terminate the license after the end of the 151h year from the date of construction, the Town shall reimburse the County for the then current value of the structure, as jointly determined by the Parties. This paragraph shall survive termination of this Agreement. B. The Town shall be responsible for all upkeep and maintenance of the areas immediately surrounding the Bus Shelter, including, but not limited to trash cleanup and snow removal. The electricity for the lights and electronic bus signage in the bus shelter will be provided by and paid for by the Town. This paragraph shall survive termination of this Agreement. C. Town will own, manage and maintain The location of the old bus shelter and the land upon which the new Bus Shelter is located. This paragraph shall survive termination of this Agreement. 6. INSURANCE AND GOVERNMENTAL IMMUNITY. A. The County and Town shall each provide their own public liability, property damage and errors and omissions coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. This paragraph shall survive termination of this Agreement. B. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either party, its officials, employees, contractors' or agents, or any other person acting on behalf of either party 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. This paragraph shall survive termination of this Agreement. 7. PERIOD OF AGREEMENT A. The term of this Agreement shall commence on the date said Agreement is executed by both Parties and shall terminate on December 31, 2018, unless the Agreement is extended by both Parties prior to the end date stated herein. Notwithstanding the foregoing, paragraphs 5 and 6 shall survive termination of this fi Agreement. 8. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: Eagle County Eagle County Regional Transportation Authority Attn: Jared Barnes P.O. Box 1070 Gypsum, Colorado 81637 THE TOWN: Town of Avon Town Manager Attn: Virginia Egger P.Q. Box 975 Avon, Colorado 81620 9. ASSIGNMENT A. This Agreement shall be binding upon and inure to the benefit of the Town and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns; provided, however, that neither party may assign nor delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. B. While the Parties anticipate and agree that the Town will hire a contractor to perform the work necessary to complete the Project, the Town shall not otherwise assign any rights or delegate any duties under the Agreement to a third party without the written consent of the County, which shall determine the acceptability of the third party to the County. Any effort to effect such an assignment without the written consent of the County will terminate the Agreement immediately at the option of the County. I L07. MISCELLANEOUS A. The Parties of this Agreement intend that the relationship of the Town to the County is that of cooperating governmental entities pursuant to C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. No officer, agent, employee or volunteer of, or contractor for the Town shall be deemed to be an agent, employee or volunteer of or contractor for the County. 7 Likewise, no officer, agent, employee or volunteer of the County shall be deemed to be an agent, employee or volunteer for the Town. B. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted. C. Each party shall comply with all applicable laws, resolutions, and codes of the State of Colorado. County of Eagle, Town of Avon and all federal laws barring discrimination. D. No person shall have any personal financial interest, direct or indirect, in this Agreement. F. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado. F. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. Signature Page to Follow // K IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. ATTEST: Regina O' Brien, Clerk to the Board of County Commissioners ATTEST: m. Debbie Hoppe, Town COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Jillian H. Ryan, Chair TOWN OF AVON S EA L; QY. Jennie Fancher, Mayor Exhibit A s Legend: Current Shelter Location Proposed Shelter Location V/ Proposed License Area 10 i( 1 0 a y s Legend: Current Shelter Location Proposed Shelter Location V/ Proposed License Area 10 1 FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON REGARDING THE AVON STATION BUS SHELTER THIS FIRST AMENDMENT, made and entered into this _______ day of _________________, 2024 (“First Amendment”), by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the “County”) and the Town of Avon, a Colorado home rule municipal corporation (hereinafter referred to as the “Town”). The County and Town shall collectively be referred to as the “Parties”. RECITALS: WHEREAS, the Parties entered into an Intergovernmental Agreement, dated February 14, 2017 (the “Agreement”), with respect to, in part, the design and construction of a new bus shelter (the “Bus Shelter”) to replace the former facility located at Avon Station (the “Project”); and WHEREAS, pursuant to the Agreement, the Bus Shelter was to be located in a location different than the former facility, which location was identified in Exhibit A to the Agreement; and WHEREAS, the Bus Shelter did not fit in the proposed location identified in the Agreement so the Bus Shelter was constructed in the same location as the former facility; and WHEREAS, this First Amendment is intended to memorialize the location of the Bus Shelter since it differs from that set forth in the Agreement; and WHEREAS, this Agreement for cooperation between two governmental entities is authorized by C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT: NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the Parties hereto agree as follows: 1. SCOPE/DESCRIPTION OF THE PROJECT A. The Bus Shelter for Avon Station was constructed in the location generally depicted on Exhibit A, which is attached hereto and incorporated herein by reference. The Project is located on land owned by the Town. B. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with Exhibit A attached hereto. 2 2. MISCELLANEOUS A. Except as herein specifically set forth in this First Amendment, all other provisions of the Agreement shall remain in full force and effect and be binding upon the Parties in accordance with their terms. If any inconsistencies exist between the Agreement and this First Amendment, the terms of this First Amendment shall control. B. This First Amendment together with the Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. C. This First Amendment may be executed in multiple counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S. // Signature Page to Follow // 3 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Regina O’Brien Matt Scherr Clerk to the Board of Chair County Commissioners TOWN OF AVON ATTEST: By: By: Miguel Jauregui Casanueva Amy Phillips Town Clerk Mayor 4 Exhibit A BUS SHELTER LICENSE AREA 1 ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT REGARDING THE AVON STATION BUS SHELTER THIS ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT (“Assignment Agreement”) made by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (“County”), the Eagle Valley Transportation Authority, a body corporate and politic (“EVTA”), and the Town of Avon, a Colorado home rule municipal corporation (“Town”), each of which may be referred to herein individually as a “Party” or collectively as the “Parties.” The effective date of this Assignment Agreement is August 4, 2024. RECITALS WHEREAS, the Eagle County Regional Transit Authority is a department of the County that has historically provided public transportation services funded by voter-authorized Eagle County 0.5% Transportation Sales Tax; and WHEREAS, in November 2022, the EVTA was established pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes by approval of voters in Eagle County, the towns of Avon, Eagle, Minturn, Red Cliff and Vail, and Beaver Creek Metro District, and in accordance with the Eagle Valley Transportation Authority Intergovernmental Agreement dated September 1, 2022 (the “EVTA IGA”) for the purpose of financing, constructing, operating, improving and maintaining a regional transportation system in the Eagle River Valley of Eagle County, Colorado; and WHEREAS, pursuant to the EVTA IGA, the County and EVTA agree that the EVTA will assume responsibility for existing transit services as historically provided by ECO Transit in accordance with a framework established by the EVTA IGA Transition Plan (the “Transition Plan”); and WHEREAS, the Transition Plan includes the transfer of equipment and operations from the County to EVTA, and aims to ensure continuity of service for Eagle County residents and visitors; and WHEREAS, pursuant to an Intergovernmental Agreement dated February 14, 2017, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference (the “Avon Station Bus Shelter Agreement”), the County and the Town made certain agreements regarding the funding, construction, ownership, use and maintenance of the Avon Station Bus Shelter located on Town property; and WHEREAS, prior to this Assignment Agreement, on or about the date hereof, the County and the Town have executed that certain First Amendment to the Intergovernmental Agreement Between the County of Eagle, State of Colorado and the Town of Avon regarding the Avon Station Bus Shelter, which First Amendment EVTA hereby acknowledges, consents to, and agrees to be bound by; and ATTACHMENT B 2 WHEREAS, the County wishes to assign, and EVTA wishes to assume, the County’s rights and obligations under the Avon Station Bus Shelter Agreement, which requires the written consent of the Town; and WHEREAS, this Assignment Agreement furthers cooperation between three governmental entities pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended and Article XIV, Section 18 of the Colorado Constitution. NOW, THEREFORE, in consideration of the promises, covenants and conditions contained herein, the Parties agree as follows: 1. Consent to Assignment. The Town hereby agrees and consents to the County’s transfer and assignment of all of the County’s rights and obligations under the Avon Station Bus Shelter Agreement to EVTA. 2. Assignment and Assumption. The County hereby transfers and assigns to EVTA all of its rights and obligations under the Avon Station Bus Shelter Agreement, and EVTA accepts such assignment and agrees that it shall hereinafter perform its obligations and duties under and subject to the terms of the Avon Station Bus Shelter Agreement. The Parties agree that upon the effective date of this Assignment Agreement, the County shall have no further obligation or liability under the terms of the Avon Station Bus Shelter Agreement. 3. Entire Agreement. This Assignment Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. 4. Counterparts, Electronic Signatures and Electronic Records. This Assignment Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S. // signature page to follow // 3 IN WITNESS WHEREOF, the Parties hereto have executed this Assignment Agreement on the date and year written below. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ________________________ Matt Scherr, Chair Attest: By: _____________________________ Regina O’Brien, Clerk to the Board Date: EAGLE VALLEY TRANSPORTATION AUTHORITY By: ________________________ Amy Phillips, Chair Attest: By: _____________________________ Tanya Allen, Secretary Date: TOWN OF AVON By: ________________________ Amy Phillips, Mayor Attest: By: _____________________________ Miguel Jauregui Casanueva, Town Clerk Date: 303-376-8512 nina@wwfdlaw.com TO: Honorable Mayor Phillips and Council members FROM: Nina Williams, Town Attorney RE: Assignment of the Walmart Bus Shelter IGA DATE: July 18, 2024 SUMMARY: The Assignment, Assumption and Consent Agreement regarding the Walmart Bus Shelter IGA is presented for Council consideration. BACKGROUND: The Town and Eagle County, Colorado entered into an IGA dated August 11, 2015 regarding the funding, construction, ownership, use and maintenance of the Walmart Bus Shelter (“Walmart Bus Shelter IGA”). The Eagle Valley Transportation Authority (“EVTA”) was established for the purpose of financing, constructing, operating, improving and maintaining a regional transportation system in the Eagle River Valley of Eagle County, Colorado. Based on the foregoing, and pursuant to an IGA (dated November 2022) between Eagle County, Colorado and EVTA, Eagle County, Colorado seeks to assign, and EVTA seeks to assume Eagle County, Colorado’s rights and obligations under the Walmart Bus Shelter IGA. Eagle County, Colorado and EVTA seek the Town’s consent in connection with such assignment as required by the Walmart Bus Shelter IGA. RECOMMENDATION: I recommend Council approve the Assignment, Assumption and Consent Agreement regarding the Walmart Bus Shelter IGA. PROPOSED MOTION: “I move to approve the Assignment, Assumption and Consent Agreement regarding the Walmart Bus Shelter, and to authorize the Mayor, Amy Phillips, and Town Clerk, Miguel Jauregui Casanueva to sign the Assignment, Assumption and Consent Agreement regarding the Walmart Bus Shelter. Thank you, Nina ATTACHMENT A: Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Avon regarding the Walmart Eco Transit Shelter, dated August 11, 2015 ATTACHMENT B: Assignment, Assumption and Consent Agreement regarding the Walmart Bus Shelter INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON REGARDING THE WALMART ECO TRANSIT SHELTER THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), made and entered into on August 1( , 2015 ("Effective Date"),by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic ("County") and the Town of Avon, a Colorado home rule municipal corporation("Town") (individually referred to as Party" and collectively referred to as "Parties"). RECITALS: WHEREAS, Resolution No. 96-22 created the Eagle County Transportation Authority and provided for its duties and powers, among which are to provide recommendations to the County with respect to expenditure of funds serving the County's mass transportation system; and WHEREAS, the County is currently planning to undertake the design of a new bus shelter("Bus Shelter") to replace the existing ECO Transit bus stop sign located at the ECO Transit Walmart Bus Stop ("Project") and the Town has agreed to participate by assisting with funding and entering into contracts for construction of the Project; and WHEREAS, the County and Town agree that coordination of the Project will result in cost savings and construction benefits; and WHEREAS,the County and Town have determined that the construction of a new Bus Shelter shall serve the citizens of Eagle County, as well as the residents of the Town; and WHEREAS, this Agreement is authorized by C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the Parties agree as follows: 1. SCOPE/DESCRIPTION OF THE PROJECT. A. The County has contracted for the design of the new Bus Shelter for the Walmart stop. The Project requires construction of the new Bus Shelter for the Walmart stop. The Project is located on an easement owned by the Town of Avon. B. The Bus Shelter will be built in the alignment and to the specification developed for the Project by the architectural plans prepared by Victor Mark Donalson Architects plans dated 9/30/14; Job No. 1410) and engineering plans prepared by Martin/Martin Consulting Engineers (plans data 7/ 9/ 14; Job No. 14.0511)(hereinafter collectively referred to as the "Plans") and shall be located, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Copies of the Plans shall be ECO-TOA IGA re Walmart Bus Shelter July 28,2014-FINAL Page 1 of 9 C(S 33Z ATTACHMENT A furnished to the Town, with a copy retained by and maintained in the office of ECO Transit Director, and such Plans shall be incorporated herein by this reference. In the event the Town desires to deviate from the alignment or approved specifications set forth in the Plans, it shall first obtain written approval for such modification from the County. C. The Parties agree that this Project requires coordination and effort by and between the Parties and that it is impossible to anticipate every issue that might arise in the course of planning, management, design and construction of the Project. In order to promote the timely, efficient and economical completion of the Project, each Party agrees to work with the other Party in good faith and fair dealing. 2. PROJECT FUNDING. Town and County have approved, budgeted and committed to funding the Project as follows: A. County shall be responsible for costs associated with the Plans. B. The Town shall be responsible for costs associated with the civil engineering and site planning of the Bus Shelter as depicted in Exhibit A that are acceptable to both the Town and County. C. All construction costs shall be shared equally by the Parties (i.e. each Party shall pay 50% of construction costs),provided that each Party's financial obligation for construction costs shall not exceed $30,000 without prior written consent and agreement of both the County and Town. D. The County agrees to apply for and obtain design review approval from the Traer Creek Design Review Board for the Project and agrees that the County shall be responsible for costs associated with the Traer Creek Design Review Board application and process. E. The Town agrees to waive any building permit or other Town fees associated with the Project and the Town will act as the applicant and will issue a building permit for the Project. F. Upon mutual written agreement which may be approved administratively by the respective designated Project Representative for each Party or in accordance with a Party's contract policies, the Parties may alter the site and/or shelter design to respond to the Traer Creek Design Review Board or to decrease construction costs. Any savings resulting from a decrease in costs shall be shared equally by the Parties. G. The Town agrees to competitively bid the Project in accordance with the Town's Procurement Policy and will enter into all contracts necessary for the construction of the Project and will provide all construction management services at no cost to the County and independent of costs associated with Sections 2.A. to 2.C. above. H. The Town and County shall mutually agree on the selection of a contractor. ECO-TOA IGA re Walmart Bus Shelter July 28,2014-FINAL Page 2 of 9 I. The Parties agree that the amount set forth in Section 2.C. is expected to be sufficient to complete the Project and obligations set forth in that Section. If, after the Project is bid and before construction begins, the Parties determine that the funds identified are not sufficient, then the Parties shall work together to identify whether there are any cost savings that can be applied. If no cost savings are available, then the Parties shall mutually agree upon how to address such cost overruns or alternatively, either Party may elect to terminate this Agreement. J. If there are cost overruns that occur during construction, the Parties agree to meet and in good faith determine how to address such cost overruns, provided that if the Parties are unable to agree, the Town shall be liable for cost overruns. K. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to either Party nor shall any payment be made in excess of the amount for any work done in respect of any period after December 31 of any year without the written approval in accordance with a budget adopted by the Board of County Commissioners or Avon Town Council in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, Local Government Budget Law(C.R.S. 29-1-101 et. seq. and Tabor Amendment (Colorado Constitution, Article X, Sec. 20). L. Upon completion of the Project, the Town will submit one complete and final invoice based on funds actually expended by it to the Director of the Eagle County Regional Transportation Authority, P.O. Box 1070, Gypsum, Colorado 81637. Payment will be made according to the County's regular bill paying procedure. M. The Town shall maintain adequate records for reporting to the County. The Town shall maintain all records pertaining to this Agreement for a minimum of three (3) years and may be subjected to an audit by federal, state, or county auditors or their designees as requested. If misuse of funds is discovered by an auditor, the Town shall return said misused funds to the County. N. The Town authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the Town, with forty-eight (48) hours written notice, for the purpose of evaluating performance under this Agreement. 3. PROJECT TEAM AND REPRESENTATIVES. The Parties agree that the Town of Avon Engineering staff and County ECO Transit Department staff shall serve as the project team. Justin Hildreth shall serve as the Project Representative for the Town and Jared Barnes shall serve as the Project Representative for the County. 4. CONSTRUCTION AND CONSTRUCTION MANAGEMENT. A. The Town will enter into construction contracts through a public solicitation process in accordance with the Town Procurement Policy and in a form and with warranties acceptable to the County and will seek an itemized statement of costs for the Bus Shelter. The Project shall be managed such that it remains free and clear of all liens ECO-TOA IGA re Walmart Bus Shelter July 28,2014-FINAL Page 3 of 9 and encumbrances. B. The County will be named a third party beneficiary with respect to any work in connection with the Bus Shelter and the County shall have the right, but not the obligation, to enforce the warranty or other contract provisions for work affecting the new Bus Shelter structure to be owned by the County. C. The Town will manage and administer the contracts with assistance from the County, if requested and available. D. The Parties agree to waive any claims against each other associated with the selection, preparation and administration of the construction contract. The Parties agree to waive and hold harmless each other from any defects or deficiencies in the design or construction of the Project. Neither Party is waiving any claims that might arise against the designer or contractor. 5. TERM OF AGREEMENT. A. The term ("Term") of this Agreement shall commence on the Effective Date and shall terminate on December 31, 2040. B. If the Town and the County mutually agree to early termination of this Agreement prior to the termination of the Term, then the County shall have the option to remove the Bus Shelter and reimburse the Town in the amount of fifty percent(50%) of the current value of the Bus Shelter structure, which amount shall be mutually agreed to by the Parties and which amount shall not exceed the Town's share of actual construction costs. Alternatively, if the County does not opt to remove the Bus Shelter upon any such early termination, the Town agrees to reimburse the County in the amount of fifty percent(50%) of the current value of the Bus Shelter structure, which amount shall be mutually agreed to by the Parties and which amount shall not exceed the County's share of actual construction costs. 6. USE AND MANAGEMENT OBLIGATION. A. The Parties agree that the County and the Town shall be equal owners of undivided interest in the Bus Shelter structure upon completion of construction and that the County and Avon shall have equal right, in accordance with the terms of this Agreement, to access and use the Bus Shelter for ECO Transit or Town bus service operations,maintenance and repair. B. Following completion of construction, County shall be responsible for all upkeep and maintenance associated with the Bus Shelter structure. County agrees to maintain the Bus Shelter in good repair at all times in accordance with its general standards for similar facilities or structures. C. The Town shall be responsible for all upkeep and maintenance of the areas immediately surrounding the Bus Shelter, including,but not limited to trash cleanup ECO-TOA IGA re Walmart Bus Shelter July 28,2014-FINAL Page 4 of 9 and snow removal. 7. INSURANCE. The County and Town shall each provide its own public liability, property damage and errors and omissions coverage as each Party may deem adequate and necessary for any potential liability arising from this Agreement. 8. 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 either Party, its officials, employees, contractors' or agents, or any other person acting on behalf of either Party 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. 9. LIABILITY. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. 10. NOTICE. Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: Eagle County Eagle County Regional Transportation Authority Attn: Jared Barnes P.O. Box 1070 Gypsum, Colorado 81637 THE TOWN: Town of Avon Attn: Town Manager P.O. Box 975 Avon, Colorado 81620 11. ASSIGNMENT. Neither Party may assign its rights or obligations without the express written consent of the other Party and any attempted assignment without such written consent shall be null and void. 12. MODIFICATION. This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change,modification, or termination is sought. ECO-TOA IGA re Walmart Bus Shelter July 28,2014-FINAL Page 5 of 9 13. 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 Town or County. 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. 14. MISCELLANEOUS. A. The Parties of this Agreement intend that the relationship of the Town to the County is that of cooperating governmental entities pursuant to C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. No officer, agent, employee or volunteer of, or contractor for the Town shall be deemed to be an agent, employee or volunteer of or contractor for the County. Likewise, no officer, agent, employee or volunteer of the County shall be deemed to be an agent, employee or volunteer for the Town. B. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted. C. Each party shall comply with all applicable laws, resolutions, and codes of the State of Colorado, County of Eagle, Town of Avon and all federal laws barring discrimination. D. No person shall have any personal financial interest, direct or indirect, in this Agreement. E. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado. F. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations,representations or understandings of Parties with respect to the subject matter contained herein. ECO-TOA IGA re Walmart Bus Shelter July 28,2014-FINAL Page 6 of 9 IN WITNESS WHEREOF,the Parties hereto have executed this Agreement the day and year first above written. The Parties hereto have signed this Agreement in duplicate. One counterpart each has been delivered to the County and the Town. COUNTY OF EAGLE, STATE OF COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: yoF 4.404, 11. z 1 Clerk to th :oard of oeaod * Kathy Chf dler-Henry,Chair County Commis.= 107`+ 041v? TOWN OF AVON ATTEST: By: 0e J1-ti By: At k 1-14l Debbie Hoppe,To wlerk Jenn - Fancher,Mayor I ECO-TOA IGA re Traer Creek Plaza Bus Shelter July 28,2014-FINAL Page 7 of 9 Exhibit A ter-Mountain 3NGlNEERING Civil Engineers &Surveyors Legal Description for Proposed Bus Shelter Exhibit A A parcel of land located in The Traer Creek Plaza recorded August 2,2014 at Reception No. 201412780 In the Office of the Clerk and Recorder of Eagle County,Colorado,which is a part of Lot 2,The Village(at Avon)Filing 1 recorded May 8,2002 at Reception No. 795007 in the Office of the Clerk and Recorder of Eagle County,Colorado,and being more particularly described as follows; Commencing at a corner along the east line of said Traer Creek Plaza common to the west right of way line of Fawcett Road; Thence continuing 5,04°37'25"W.along said common line a distance of 16.43'to the True Point of Beginning; Thence 5.04°37'25"W along said common line a distance of 23.75'to a point; Thence N.85°03'02"W.a distance of 10.35'to a point; Thence N.04°56'58'1.a distance of 23.75'to a point; Thence 5.85°03'02"E.a distance of 10.21'to the True Point of Beginning. Said Parcel of land contains 244 sq.ft.,more or less. Prepared r-,00 REG7st fey./74 076• 6 !: i ne .;r(111QLs.p.E. ky5 6 Inter-Mo 8 nafeNi; d. P.O.Box 978 Avon,CO.81620 970-949-5072 DENVER OFFICE 9818 Brook Nii Lane I Lone Tree,CO 80124 i Phone 303948 0220 I Fac 303,790.4499 VAIL VALLEY OFFICE 40601 US.Fig?,trey 6,5,.,(10 203 PC'Box 97$ 1 Avon.CO 81620 1 Phone.970.948.5012 I Fax:970 949,9339 WWI&_GOIME.COM ECO-TOA IGA re Walmart Bus Shelter July 28,2014-FINAL Page 8 of 9 9" ,,,,,,e2 P 1,1 •:, n lir 4.•-7,`1' Cg. 'P. 24,„9•4r, lq0-3 g 2 s 501I E w 3 t I 4 8 a-1-Z f M 1W 03o „-- ile23 0 • aa g'f"7 el 1, c.-II 7" 74 lo Ili 4 4 a I. 1 \ 4 VA 4 L°1 \ 4 t.q 4°, 4 la 4 4" 1 4 Cdt, Y.@j, . ik g t 9 RE A 1 P ..-1' -- 1 lc 2, 1 t.,0.3 . a,. I I I 1,••N 71 ,p i I 1 3: k1,75 7 t A. .1 c,yt 4. IIB9 ti, tcl, X P 1 A10 o, .... t dz122 Tc cm rrl 10 1 ' T r1 k V 4 z 4 i 5:11 I g i 20 I f II 1u 7E g 1 12,P I cz LEGAL DIFIBIT1 5 111 later-Mountain w PART OF LOT 2 ENGINEERiNG THE ML.LAGE(AT AV INMNFLG 1 Ova((no melon,W Survaryorw TOW'. Of AVON, EAGLE COUNTY, COLORKDO 111,1,7, ECO-TOA IGA re waimart Bus wiener July 28,2014-FINAL Page 9 of 9 ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT REGARDING THE WALMART BUS SHELTER THIS ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT (“Assignment Agreement”) made by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (“County”), the Eagle Valley Transportation Authority, a body corporate and politic (“EVTA”), and the Town of Avon, a Colorado home rule municipal corporation (“Town”), each of which may be referred to herein individually as a “Party” or collectively as the “Parties.” The effective date of this Assignment Agreement is August 4, 2024. RECITALS WHEREAS, the Eagle County Regional Transit Authority is a department of the County that has historically provided public transportation services funded by voter-authorized Eagle County 0.5% Transportation Sales Tax; and WHEREAS, in November 2022, the EVTA was established pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes by approval of voters in Eagle County, the towns of Avon, Eagle, Minturn, Red Cliff and Vail, and Beaver Creek Metro District, and in accordance with the Eagle Valley Transportation Authority Intergovernmental Agreement dated September 1, 2022 (the “EVTA IGA”) for the purpose of financing, constructing, operating, improving and maintaining a regional transportation system in the Eagle River Valley of Eagle County, Colorado; and WHEREAS, pursuant to the EVTA IGA, the County and EVTA agree that the EVTA will assume responsibility for existing transit services as historically provided by ECO Transit in accordance with a framework established by the EVTA IGA Transition Plan (the “Transition Plan”); and WHEREAS, the Transition Plan includes the transfer of equipment and operations from the County to EVTA to ensure continuity of service for Eagle County residents and visitors; and WHEREAS, pursuant to an Intergovernmental Agreement dated August 11, 2015, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference (the “Walmart Bus Shelter Agreement”), the County and the Town made certain agreements regarding the joint funding, construction, ownership, use and maintenance of the Walmart Bus Shelter located in the Town’s easement area. WHEREAS, the County wishes to assign, and EVTA wishes to assume, the County’s rights and obligations under the Walmart Bus Shelter Agreement, which requires the written consent of the Town; and WHEREAS, this Assignment Agreement is for cooperation between three governmental entities pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended and Article XIV, Section 18 of the Colorado Constitution. ATTACHMENT B NOW, THEREFORE, in consideration of the promises, covenants and conditions contained herein, the Parties agree as follows: 1. Consent to Assignment. The Town hereby agrees and consents to the County’s transfer and assignment of all the County’s rights and obligations under the Walmart Bus Shelter Agreement to EVTA. 2. Assignment and Assumption. The County hereby transfers and assigns to EVTA all of its rights and obligations under the Walmart Bus Shelter Agreement, and EVTA accepts such assignment and agrees that it shall hereinafter perform its obligations and duties under and subject to the terms of the Walmart Bus Shelter Agreement. The Parties agree that upon the effective date of this Assignment Agreement, the County shall have no further obligation or liability under the terms of the Walmart Bus Shelter Agreement. 3. Entire Agreement. This Assignment Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. 4. Counterparts, Electronic Signatures and Electronic Records. This Assignment Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S. // signature page to follow // IN WITNESS WHEREOF, the Parties hereto have executed this Assignment Agreement on the date and year written below. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ________________________ Matt Scherr, Chair Attest: By: _____________________________ Regina O’Brien, Clerk to the Board Date: EAGLE VALLEY TRANSPORTATION AUTHORITY By: ________________________ Amy Phillips, Chair Attest: By: _____________________________ Tanya Allen, Secretary Date: TOWN OF AVON By: ________________________ Amy Phillips, Mayor Attest: By: _____________________________ Miguel Jauregui Casanueva, Town Clerk Date: 970.748.4088 predmond@avon.org TO: Finance Committee Members FROM: Paul Redmond, Chief Finance Officer RE: Results Avon Voter Polling on Use Tax DATE: July 9, 2024 SUMMARY: The Town Council was asked to consider referring a revised ballot question about the collection of Use Tax on Construction Materials on projects greater than $50,000 to the November 5, 2024 Coordinated Election. Magellan Strategies conducted a survey about the proposed ballot question and the results are presented in Attachment A with the verbatim survey responses reflected in Attachment B. The Town Council is asked to provide input and feedback about the steps that have been taken to inform the community about this potential ballot proposal to impose a use tax on construction materials. In addition, the Council is asked to provide direction on whether to schedule a ballot proposal ordinance for consideration at the August 13 meeting. BACKGROUND: The Use Tax question presented in November 2023 failed to receive voter support. There was virtually no outreach conducted in 2023, the voter turn-out was low, and the ballot question did not propose a specific use for the Use Tax. At the March Council meeting, the Council directed Staff to retain a voter polling consultant. A voter polling consultant was selected and conducted voter polling in Avon during the end of June. Staff selected Magellan Strategies to perform the voter opinion research. The survey approach was an online bilingual 22-question survey which could be answered by MMS Text to a respondent’s cell phone number or via the survey link available on our avon.org website. The survey was live from June 17th to July 2nd and was completed by a total of 259 registered voters in Avon. ANALYSIS: The survey responses show support for the Use Tax. The Use Tax survey results came back statistically tied on the uniformed ballot, however, after learning more about the details of the ballot question, support increased by 17 points to 57% in support of the Use Tax on Construction Materials. Several of the people surveyed agreed with the critical shortage of affordable housing and believed the use tax will generate the necessary funds for community and workforce housing. There is a consensus that the $50,000 exemption on the total project costs is too low and would negatively impact smaller projects and working-class homeowners. Many suggested a higher threshold to avoid penalizing those undertaking necessary home improvements. Respondents mentioned that additional taxes will increase the financial strain on families and small businesses. Many of the responses showed the Use Tax on Construction Materials is a new tax which will increase the cost of housing and construction materials. It is important we continue to educate the voters as the Use Tax on Construction Materials is not creating a new tax but serves in lieu of the current sales tax. The Town of Avon is losing revenue on the construction of larger homes and hotels built in Avon. Several contractors deliver their materials from outside the Town of Avon and thus allowing another municipality to collect the tax. EDUCATION CAMPAIGN: Staff is in the process of presenting the ballot proposal and survey results to other Town committees and continues to produce educational materials and opportunities for the community to learn about the tax proposal which would support workforce housing. See list below:  Finance Committee on July 15  Downtown Development Authority on August 5 Page 2 of 2  Mail educational flyer to voter list August 1  Prepare materials for first and second reading of ordinance Town Council consideration at the August meetings RECOMMENDATIONS: It is important Staff continue to educate the voters and provide the information they need to make an informed decision in November. Based on the survey responses it is likely the Avon voters will support a Use Tax on New Construction when fully informed about the intent of imposing the use tax. The council may wish to consider adding the ballot question to the 2024 Coordinated Election. Staff recommends continued education and outreach to build awareness and understanding of a potential Use Tax on New Construction through these efforts: 1. Continue to implement the education campaign which includes the following: social media posts, voter info flyer mailing, educational video, newsletter article, sponsored content articles in the Vail Daily, print and digital marketing and use of Engage Avon website that would solicit input from the community. Once the proposal is approved in the form of an ordinance and referred to the voters, the use of Staff and Town resources are limited by the Fair Campaign Practices Act. 2. Consider increasing the exemption from $50,000 as suggested and supported in the survey comments. Staff recommends Council consider increasing the exemption from $50,000 to $100,000. COUNCIL ACTION: Council is asked to provide direction on the recommendations outlined above and provide direction to Staff to prepare an ordinance for first reading on August 13, 2024. No formal action is required at the July 23, 2024, Council meeting. Council must take final action to refer a ballot measure at the regular Council meeting on August 27, 2024. The ballot language must be certified to the Eagle County Clerk by September 6, 2024. Thank you, Paul ATTACHMENT A: Ballot Measure Survey PowerPoint ATTACHMENT B: Ballot Measure Survey Verbatim Responses ATTACHMENT C: Use Tax Ballot Proposal Timeline Implementation Town of Avon Use Tax Ballot Measure Survey June 17th through July 2nd, 2024 ATTACHMENT A Methodology Magellan Strategies is pleased to present the results of a survey of 259 voters in the Town of Avon, Colorado. The interviews were conducted June 17th through July 2nd, 2024. The overall survey responses have a margin of error of +/- 5.86% at the 95% confidence interval. Population subgroups will have a higher margin of error than the overall sample. The survey results are weighted to be representative the voter turnout demographics of a presidential election cycle in Avon, Colorado. 2Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A Survey Objectives •The goal of this survey was to measure voter support and opposition for a potential Use Tax ballot measure in the Town of Avon. •The survey also tested information questions to determine movement in opinion on the ballot measure. •It also measured opinion on the Town’s approval and fiscal responsibility. 3Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A Town of Avon Voter Registration and Past Turnout Demographics 4Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A 73%23% 4% Total Approve Total Disapprove No Opinion Strongly Approve 29% Somewhat Approve 44% Strongly Disapprove 11% Somewhat Disapprove 12% Do you approve or disapprove of the job the Town of Avon is doing providing services to residents? 5 75% 73% 73% 75% 51% 82% 77% 82% 65% 77% 71% 77% 22% 24% 23% 22% 47% 15% 19% 15% 32% 19% 24% 22% 3% 3% 4% 3% 2% 3% 4% 3% 3% 4% 5% 1% No Degree 4-Year Degree Rent Own Republican Democrat Unaffiliated 65+ 45-64 18-44 Men Women Total Approve Total Disapprove No Opinion Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A 54% 38% 8% Total Agree Total Disagree No Opinion 6 58% 51% 40% 66% 35% 77% 46% 77% 55% 45% 67% 37% 30% 43% 48% 29% 36% 18% 51% 21% 30% 49% 28% 50% 12% 6% 12% 5% 29% 5% 3% 2% 15% 6% 5% 13% No Degree 4-Year Degree Rent Own Republican Democrat Unaffiliated 65+ 45-64 18-44 Men Women Total Agree Total Disagree No Opinion Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE Strongly Agree 12% Somewhat Agree 42% Strongly Disagree 17% Somewhat Disagree 21% Do you agree or disagree with the following statement? The Town of Avon is fiscally responsible and spends taxpayer money wisely. ATTACHMENT A Uninformed Use Tax Ballot Test Before we continue, it is important to understand that the Town of Avon has made no decisions to put any ballot measures before voters for any purpose this November. Your participation in this survey and sharing your honest opinions will influence those decisions. Let’s continue… 7Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A Uninformed Use Tax Ballot Test The following is language for a potential ballot measure that would replace the current 4% sales tax on construction materials with a 4% use tax. After reading it, please indicate if you would vote yes and approve it or vote no and reject it. SHALL TOWN OF AVON TAXES BE INCREASED BY TWO MILLION DOLLARS ($2,000,000) ANNUALLY IN 2025, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX FOR THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS; AND SHALL SUCH USE TAX REVENUES BE APPROPRIATED FOR COMMUNITY HOUSING; AND SHALL CONSTRUCTION PROJECTS EQUAL TO OR LESS THAN $50,000 IN A CALENDAR YEAR BE EXEMPT FROM PAYING THE USE TAX; ALL IN ACCORDANCE WITH, AND FURTHER DEFINED BY, TOWN OF AVON ORDINANCE NO. 24-00; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW. 8Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A 40% 41% 19% Total Yes, Approve Total No, Reject Undecided 9 48% 35% 36% 42% 20% 54% 39% 46% 40% 39% 47% 33% 20% 55% 39% 45% 46% 31% 47% 35% 38% 46% 35% 48% 32% 10% 25% 13% 34% 15% 14% 19% 22% 15% 18% 19% No Degree 4-Year Degree Rent Own Republican Democrat Unaffiliated 65+ 45-64 18-44 Men Women Total Yes, Approve Total No, Reject Undecided Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE Definitely Yes, Approve 24% Probably Yes. Approve 16% Definitely No, Reject 24% Probably No, Reject 17% Uninformed Use Tax Ballot Test If an election were held today, would you vote yes and approve a 4% Use Tax on construction materials, or would you vote no and reject it? ATTACHMENT A Respondent Information The following questions will share some information on why the Town of Avon is considering a ballot measure to create a 4% use tax. After reading the information, please indicate if you are more likely to vote yes and approve the creation of a 4.0% use tax or if you are more likely to vote no and reject it. Let’s get started: 10Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A 65% 73% 78% 25% 18% 17% 10% 9% 5% Total More Likely Vote Yes, Approve Total More Likely Vote No, Reject Unsure 11 Town of Avon Use Tax Ballot Measure – Information Questions After reading the information, please indicate if you would be more likely to approve the potential ballot measure or if you would be more likely to reject it. As you may know, there is a severe lack of workforce housing in Eagle County. The Avon Town Council is exploring other potential revenue sources to supplement the Town of Avon’s investment in Community Housing. The Town of Avon defines Community Housing as housing for people who live and work in Eagle County at all income levels. If the ballot measure were to pass, the revenues from the use tax would go toward Community Housing. The Town of Avon currently exempts Community Housing Projects from the payment of taxes and fees to reduce the cost of developing Community Housing and would exempt future Community Housing projects from paying the potential use tax. As you may know, there have been several large projects recently built in Avon, including Frontgate, Piedmont Apartments, One Riverfront, and the Marriot Brand Hotel at the Post Blvd/I-70 interchange. Avon expects more large projects as the Village (at Avon) and redevelopment in the Town core occurs. Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A 51% 57% 64% 38% 32% 31% 11% 11% 5% Total More Likely Vote Yes, Approve Total More Likely Vote No, Reject Unsure 12 Town of Avon Use Tax Ballot Measure – Information Questions After reading the information, please indicate if you would be more likely to approve the potential ballot measure or if you would be more likely to reject it. This ballot measure exempts construction projects up to $50,000 in a calendar year so that the use tax does not apply to small home remodel projects. Other towns in Eagle County already have a similar use tax on construction materials. The Town of Avon currently has a 4% sales tax on new construction materials. A 4% use tax would replace the current sales tax and is expected to collect approximately 50% more compared to the existing sales tax on construction materials for large projects. Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A Thank you for reading more information about why the Town of Avon is considering a ballot measure that would replace the Town’s current 4% sales tax on construction materials with a 4% Use Tax. As a reminder the potential ballot language is below, after reading the language again, please indicate if you would vote yes and approve it or if you would vote no and reject it. SHALL TOWN OF AVON TAXES BE INCREASED BY TWO MILLION DOLLARS ($2,000,000) ANNUALLY IN 2025, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX FOR THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS; AND SHALL SUCH USE TAX REVENUES BE APPROPRIATED FOR COMMUNITY HOUSING; AND SHALL CONSTRUCTION PROJECTS EQUAL TO OR LESS THAN $50,000 IN A CALENDAR YEAR BE EXEMPT FROM PAYING THE USE TAX; ALL IN ACCORDANCE WITH, AND FURTHER DEFINED BY, TOWN OF AVON ORDINANCE NO. 24-00; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW. Informed Use Tax Ballot Test 13Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A 57% 37% 6% Total Yes, Approve Total No, Reject Undecided 1 4 74% 45% 62% 50% 57% 65% 51% 55% 62% 53% 65% 47% 20% 48% 36% 39% 40% 25% 44% 31% 33% 42% 30% 45% 6% 7% 2% 11% 3% 10% 5% 14% 5% 5% 5% 8% No Degree 4-Year Degree Rent Own Republican Democrat Unaffiliated 65+ 45-64 18-44 Men Women Total Yes, Approve Total No, Reject Undecided Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE Definitely Yes, Approve 31% Probably Yes. Approve 26% Definitely No, Reject 21% Probably No, Reject 16% Informed Use Tax Ballot Test If an election were held today, would you vote yes and approve a 4% Use Tax on construction materials, or would you vote no and reject it? ATTACHMENT A Why 57% would vote yes and approve the ballot measure to create a 4% use tax on construction materials. 15Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE •Need for Affordable Housing: Many respondents emphasized the critical shortage of affordable housing for workers and locals in the Vail Valley. They believe that the use tax will generate necessary funds to address this issue. •Taxing Wealthy Developers: There is strong support for placing the tax burden on wealthy developers and large construction projects rather than local homeowners and small projects. Respondents feel that developers who profit from high-end projects should contribute to the community’s housing needs. •Fairness and Equity: The tax is seen as a fair way to generate revenue without disproportionately impacting local residents. It aligns with similar taxes in other municipalities, which respondents believe will help Avon compete and manage development better. •Support for Community and Workforce Housing: Many responses highlight the importance of community and workforce housing for sustaining the local economy and ensuring that people working in Avon can live there. The use tax is viewed as a strategic step towards solving the housing crisis and supporting the local workforce. ATTACHMENT A Why 37% would vote no and reject the ballot measure to create a 4% use tax on construction materials. 16Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE •Financial Burden on Residents: Many respondents argue that additional taxes will increase the financial strain on families and small businesses. They mention already high property taxes, insurance costs, and the overall cost of living. •Inefficiency and Mismanagement of Funds: There is a strong distrust in the town government’s ability to manage the funds effectively. Respondents believe that the current funds are not being used wisely. •Increased Cost of Housing and Construction: Many respondents are concerned that the new tax will further increase the cost of housing and construction materials, making home improvements and new builds even more expensive. •Threshold for Tax Application: There is a consensus that the $50,000 threshold for the tax is too low and would negatively impact smaller projects and working-class homeowners. Many suggest a higher threshold to avoid penalizing those undertaking necessary home improvements. ATTACHMENT A Total Yes Total No No Opinion 57% 37% 6% Total Yes Total No Undecided 40%41% 19% +17% -4% Uninformed Informed -13% 17 Town of Avon Use Tax Ballot Measure Comparison Informed Vs. Uniformed Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A 18 Town of Avon Use Tax Ballot Measure Opinion Change from Uninformed to Informed by Voter Subgroup All Wom Men 18-44 45-64 65+Rep Unaf Dem Own Rent 4-Year Degree No Degree Difference +17 +14 +18 +14 +22 +9 +37 +12 +11 +8 +26 +10 +26 Informed 57%47%65% 53% 62% 55% 57% 51% 65% 50% 62%45%74% Uninformed 40%33% 47% 39% 40% 46% 20% 39% 54% 42% 36% 35% 48% Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A The survey shows a path to success for the Use Tax in the Town of Avon. However, it is important to point out some key findings: 1.The Use Tax ballot measure starts statistically tied (within the 5.86% margin of error). Before respondents are given any information about what the Use Tax is or what the money would go toward, the measure is statistically tied. 2.However, once respondents are informed on what the funding would go towards, Community Housing, and defining what the Town of Avon means by Community Housing, 78% of respondents would be more likely to pass the ballot measure. 3.The survey shows that most voters do not fully understand what the use tax would do and believe that the $50,000 exemption is not quite high enough. If a campaign educates voters with the information from the survey, and the Town was to up the amount for the exemption, this has a stronger path of passing in November. 4.The survey shows that the Use Tax ballot measure has strong support once voters have been informed about what the Use Tax is and what the money would go towards, moving 17 points from 40% support to 57% support after being informed. Most importantly, for the Use Tax to pass, voters will have to be educated on what the Use Tax would do and exactly how the funds would be spent, defining Community Housing clearly. Use Tax Recommendations 19Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A 46% 54% Female Male Identify Differently 18-34 35-44 45-54 55-64 65+ 29% 20%17%19% 15% Gender Party Affiliation Age Range Survey Demographics 49% 18% 32% 1% Unaffiliated Republican Democrat Other Party 48% 49% 2%1% Rent Own Other Prefer Not to Say Rent v. Own 20Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A White Hispanic/ Latino Black or African American Asian Other/Prefer Not to Say 69% 23%3%5% Race-Ethnicity Survey Demographics 69% 14% 7%10% Text Message Email from Town Social Media Town Website Other How did you come to participate in the survey?61% 39% 4-Year College Degree No College Degree 4-Year College Degree 21Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A Where do you live? Survey Demographics 22 Wildridge/ Wildwood/ Mountain Star West Beaver Creek Boulevard Eagle Bend Drive/ Hurd Lane Town Core Nottingham Road/ Metcalf Road Buffalo Ridge Piedmont Other 25%23% 18% 10%9%6%1% 8% Town of Avon Use Tax Ballot Measure Survey, June/July 2024, 259n, +/- 5.86% MoE ATTACHMENT A Magellan Strategies 4800 Aspen Creek Drive Broomfield, CO 80023 MagellanStrategies.com (303) 861-8585 David Flaherty | Ryan Winger Courtney Sievers ATTACHMENT A Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 1 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response O 18-34 Dem Eagle Bend Drive/Hurd Lane Definitely Yes Definitely Yes Housing F 45-54 Dem Eagle Bend Drive/Hurd Lane Definitely Yes Definitely Yes We need more affordable housing for the people who live and work here 12 months of the year. We need to take care of our own and stop building high end places. M 55-64 Dem Eagle Bend Drive/Hurd Lane Definitely Yes Definitely Yes I believe that we need to do more to provide affordable housing for workers here. The housing industry has focused only on high-end, high-profit projects like Frontgate and the new Weston units. Passing this bill would redirect a small potion of those profits towards affordable housing. M 55-64 Dem Eagle Bend Drive/Hurd Lane Definitely Yes Definitely Yes The rite thing to do F 65+Dem Eagle Bend Drive/Hurd Lane Definitely Yes Definitely Yes Raise funds for affordable housing M 18-34 Unaf Nottingham Road/ Metcalf Road Definitely Yes Definitely Yes Housing for locals is imperative and we need more income sources for it. F 35-44 Unaf Nottingham Road/ Metcalf Road Definitely Yes Definitely Yes To use the funds for community housing F 45-54 Dem Nottingham Road/ Metcalf Road Definitely Yes Definitely Yes Makes sense to do it how the other jurisdictions do it ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 2 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 18-34 Oth Other Definitely Yes Definitely Yes There is no housing for working people here especially families. Or is disgraceful and embarrassing. Apartment complexes such as Piedmont should be exempt from the tax as to supplies housing to people in the workforce. Otherwise they just price gauge the tenants horribly as they are doing now. These taxes and deals are only good if the companies building workforce housing are held accountable for actually charging rents that are within the bounds of what the workforce who lives and works at in person jobs here,locally. Not what people who work remotely from NY or California can afford. Additionally the forms who benefit from this tax to build “workforce housing” need to be held accountable for providing housing that is in good and suitable living conditions. Something needs to be done about this very quickly. The most competent employees, people likely to live here long term and raise a family are leaving in exponential proportions. In New York and California, places with high demands on resort clientele, middle class people can afford to live in nice housing that is close to where they live and work. The state of affairs here is an embarrassment and is going to affect the town, the reputation of the resorts, the reputation of the hospital and more if things do not change and if those who receive the benefits associate with this tax are not held accountable for what they do with the benefits. M 35-44 Unaf Town Core Definitely Yes Definitely Yes This just makes sense to save our town employees time and make the town more money. F 18-34 Dem Town Core Definitely Yes Definitely Yes I think wealthy people- in this case developers- should pay more taxes. F 35-44 Dem Town Core Definitely Yes Definitely Yes We need more affordable housing in Avon and up-valley. This would also help contractors understand Avon’s tax collection process as it would be the same as every other municipality in the mountain west. F 65+Dem Town Core Definitely Yes Definitely Yes Replaces sales tax. The income would go towards housing and You would collect more than the sales tax M 55-64 Rep Town Core Definitely Yes Definitely Yes I want to continue to afford living in Avon ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 3 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 35-44 Unaf West Beaver Creek Blvd.Definitely Yes Definitely Yes Porque son una residente que vive en Los Aspens por 16 años y nunca había. Escuchado esta propuesta para los residentes locales de Avon. Por lo regular siempre se piensa en segundos compradores de casas. Esta propuesta está buenísima! Gracias por pensar en los locales Town de Avon! M 45-54 Dem West Beaver Creek Blvd.Definitely Yes Definitely Yes Be consistent with the other municipalities in the valley M 45-54 Dem West Beaver Creek Blvd.Definitely Yes Definitely Yes Community housing is necessary and sorely needed. The use tax would be a better way to realize those funds M 45-54 Dem West Beaver Creek Blvd.Definitely Yes Definitely Yes We need more housing for workers. M 45-54 Oth West Beaver Creek Blvd.Definitely Yes Definitely Yes Need to revenue M 45-54 Unaf Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes Development has been severely mismanaged in this valley for the past forty years. Measures need to be taken to bring balance back to development here in our community. F 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes The measure puts Avon on an equal tax footing with other local jurisdictions and I support taxing new non-affordable projects to fund workforce housing because that development is the root cause of our housing problem. F 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes To take the tax burden off of local homeowners and small businesses in order to raise the income necessary for strategic improvements F 65+Unaf Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes Approve of taxing new construction and not taxing affordable housing new builds. Also approve not taxing local home owners for improving their homes if under the cap set. F 65+Unaf Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes Funds are needed for community housing and current revenue streams are full committed. F 65+Unaf Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes I'm all for ways to increase funding for workforce housing ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 4 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response M 65+Unaf Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes Seems to be more reasonable. M 35-44 Dem Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes For all the reasons you list F 55-64 Dem Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes Because this is lost revenue for Avon while other regional municipalities are collecting this kind of revenue. The intent is pointed towards helping with community housing and does not really negatively impact local residents to a large degree. This is a step in the right direction for our community. F 55-64 Dem Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes High cost of the homes that are being built and sold M 55-64 Dem Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes Need Affordable housing F 65+Dem Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes Affordable housing is hard to find in the Vail Valley. Everyone working and living here should have a comfortable, affordable home. F 65+Dem Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes The tax will apply to a group of people who have the means to pay it and gifts the tax from regular homeowners. F 65+Dem Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes There is a severe lack of workforce affordable housing in Avon. F 65+Dem Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes We need more affordable housing in the Vail Valley. M 65+Dem Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes The tax will be builr into toral cost of construction ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 5 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response M 65+Dem Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes To create a funding stream for new community housing projects M 55-64 Rep Wildridge/ Wildwood/ Mountain Star Definitely Yes Definitely Yes It's seems like a better use of the 4% tax, and wouldn't impact the smaller projects. F 55-64 Dem Eagle Bend Drive/Hurd Lane Probably Yes Definitely Yes We need housing F 35-44 Unaf Nottingham Road/ Metcalf Road Probably Yes Definitely Yes The town council should do everything it can to protect locals from greedy developers. One way they can do that is make them pay a fair price for the privilege of building here. F 45-54 Rep Nottingham Road/ Metcalf Road Probably Yes Definitely Yes We need affordable housing in Avon and it makes sense to tax the wealthy developers that are building unattainable housing for the blue collar workforce here. M 45-54 Rep Nottingham Road/ Metcalf Road Probably Yes Definitely Yes Employee Housing!!! M 35-44 Unaf Town Core Probably Yes Definitely Yes Tax big projects F 35-44 Dem Town Core Probably Yes Definitely Yes It just makes sense M 45-54 Rep Town Core Probably Yes Definitely Yes Community housing is imperative to support the increase in population and tourists drive by commercial development. It makes sense these developers pay a small tax ahead of their well earned profit. I might suggest you add a clause to protect emergency repairs. If a tree falls through my home and repairs are $150k, or loss by fire, we should not apply this tax to that and compound the hardship. M 65+Unaf West Beaver Creek Blvd.Probably Yes Definitely Yes Needed M 18-34 Dem West Beaver Creek Blvd.Probably Yes Definitely Yes Community housing is needed badly, and I personally face the "barrier to entry" as a homeowner in the valley because of my income level. F 45-54 Dem West Beaver Creek Blvd.Probably Yes Definitely Yes Housing is in crisis. Staffing is in crisis. We will not sustain ourselves as a premier destination to live, or vacation u less these 2 issues are taken seriously and addressed. ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 6 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 65+Unaf Wildridge/ Wildwood/ Mountain Star Probably Yes Definitely Yes More funds needed for community housing F 35-44 Dem Wildridge/ Wildwood/ Mountain Star Probably Yes Definitely Yes Increase funding for community housing with the greatest burden on larger commercial projects M 45-54 Dem Wildridge/ Wildwood/ Mountain Star Probably Yes Definitely Yes We need a comprehensive and multi pronged approach to the development of Avon. The past projects, Seasons building/gondola, roundabouts, parking, Honedepot and Walmart l, etc have been done without the long term interests of the community, resulting in a piecemeal, fractured development of our community, with no long term plan for employees, business growth and expansion and use of outdoor activities. We need a highly progressive tax code, aggressive zoning and a long term detailed town plan to ensure a true resort community (ie telluride, crested butte, etc) rather than a glorified truck stop on I 70 as in the past. M 45-54 Unaf West Beaver Creek Blvd.Probably No Definitely Yes It’s inevitable that these large projects will continue to happen, Town should consider the demand for housing so people can claim full time residence in Avon. F 55-64 Dem West Beaver Creek Blvd.Probably No Definitely Yes From all that was said before M 18-34 Unaf Other Undecided Definitely Yes More housing for people who actually live and work in avon year round F 35-44 Oth Wildridge/ Wildwood/ Mountain Star Undecided Definitely Yes Locals need help M 55-64 Dem Eagle Bend Drive/Hurd Lane Definitely Yes Probably Yes Because I would vote on this ! M 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Definitely Yes Probably Yes I just went through a dozen pages giving answers already... ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 7 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response M 65+Dem Wildridge/ Wildwood/ Mountain Star Definitely Yes Probably Yes We need affordable employee housing M 35-44 Rep Buffalo Ridge Probably Yes Probably Yes I think it’s a necessary measure F 45-54 Unaf Eagle Bend Drive/Hurd Lane Probably Yes Probably Yes Collecting more money to build affordable workforce housing is a smart move M 55-64 Unaf Eagle Bend Drive/Hurd Lane Probably Yes Probably Yes Provides extra money to services M 65+Unaf Eagle Bend Drive/Hurd Lane Probably Yes Probably Yes Housing F 55-64 Dem Eagle Bend Drive/Hurd Lane Probably Yes Probably Yes It replaces a sales tax F 55-64 Dem Eagle Bend Drive/Hurd Lane Probably Yes Probably Yes It supports employee housing and replaces an existing sales tax. M 45-54 Unaf Nottingham Road/ Metcalf Road Probably Yes Probably Yes The town needs to find community housing M 65+Unaf Nottingham Road/ Metcalf Road Probably Yes Probably Yes I’d like to see a tax that is more peoject value based. Higher cost, higher tax. M 65+Unaf Nottingham Road/ Metcalf Road Probably Yes Probably Yes Jave more, pay more M 35-44 Dem Nottingham Road/ Metcalf Road Probably Yes Probably Yes I would like big projects to pay for other community housing M 45-54 Dem Nottingham Road/ Metcalf Road Probably Yes Probably Yes I am upset with the Town of Avon because they continue to misuse TIF’s which robs local agencies such as the fire dept. I am not located in a TIF and tired of paying for fire service to places like the Westin that could clearly chip in. Please think about your current policies and how a TIF should be used. M 18-34 Unaf Piedmont Probably Yes Probably Yes Better than a sales tax to raise money F 45-54 Unaf Town Core Probably Yes Probably Yes Need for affordable housing M 18-34 Unaf West Beaver Creek Blvd.Probably Yes Probably Yes We need more affordable housing in the valley for locals ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 8 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 35-44 Unaf West Beaver Creek Blvd.Probably Yes Probably Yes New construction project developers need to pay their tax to the community to ensure we can support our community that will need to support the new influx of people inhabiting the new builds M 65+Unaf West Beaver Creek Blvd.Probably Yes Probably Yes We absolutely need employee housing M 35-44 Dem West Beaver Creek Blvd.Probably Yes Probably Yes Stop building hotels we don’t need and build housing that is actually affordable. Spending 100k to put a deed restriction on a home that helps 2 people is not an efficient use of funds. Think big and stop being stupid. Where are the workers at these hotels you keep approving supposed to live when we already have a severe housing crisis and people that actually live here keep getting priced out of Avon? M 55-64 Rep West Beaver Creek Blvd.Probably Yes Probably Yes I think it the $50,000 limit should be raised to $100000. $50,000 in today's economy isn't very much. Raise it and I would vote yes. F 35-44 Unaf Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes Reasons listed in survey M 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes How will small projects for residents avoid the tax? M 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes I have heard there is also an efficiency with this system, how is that found? How would small home projects be exempted, refund, credit? M 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes I just answered 13 questions telling you why... M 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes No sales tax F 65+Unaf Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes Avon needs more locals housing projects. ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 9 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response M 65+Unaf Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes Don’t understand how it would increase revenue by 50% but that is compelling. You need to quit raising property taxes without adjusting the mill levy - inflation is 3-6% and my property taxes went up 50% - that is not right!!! F 35-44 Dem Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes Because we need to build sustainably F 35-44 Dem Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes Increased financial support for community housing projects. F 35-44 Dem Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes Seems like a fair tax M 35-44 Dem Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes Agree with taxing the rich to support the poor F 55-64 Dem Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes Because building and funding workforce housing is important for Avon and for the Eagle River Valley. M 65+Dem Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes To improve things M 65+Dem Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes We have a real need for more housing options in Avon M 65+Rep Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes Materials are very expensive M 65+Rep Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes Not sure how this would be enforced ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 10 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 45-54 Oth Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes Any new development or single family house build should be taxed as most likely the sale price of this would be to an elite class who may or may not work FT/YR employed in Eagle county F 55-64 Oth Wildridge/ Wildwood/ Mountain Star Probably Yes Probably Yes I think there is a big difference when one home at a time is being built for individual compared to a large hotel or condo complex this needs to be taken into consideration and an appropriate tax Different tax percentages for different kinds of buildings! Why should a single-family homebuilder be paying the same amount as a large commercial builder Who profit more from the condo, townhomes or hotel or any other commercial building. It has always been a privilege to build in Avon Colorado a the small homebuilder is always hit financially hard! M 35-44 Dem Other Definitely No Probably Yes Only if it’s on construction projects over $50,000.00 otherwise 100% no! F 55-64 Dem Eagle Bend Drive/Hurd Lane Probably No Probably Yes I would vote yes to support community housing but feel that the town should be focused on supporting the business community as well. The town has created a huge parking issue, which is not supportive of the business community. A parking issue did not exist and now it does. The amount of money the town is spending on parking the hiring of additional staff to monitor parking, the parking system, etc . could have been put towards community housing. Additionally, the town should support community housing efforts, but not pay for housing. M 35-44 Unaf Other Probably No Probably Yes Because this wouldn't affect any remodels I do and would help the town of Avon overall and maybe provide more housing. F 55-64 Unaf Other Probably No Probably Yes Smart way to raise revenue specifically to help with local housing crisis M 65+Unaf West Beaver Creek Blvd.Probably No Probably Yes Avon needs $ more than it needs development M 45-54 Unaf Wildridge/ Wildwood/ Mountain Star Probably No Probably Yes Other communities use this method and there is already a sales tax. It might be good to explain why this change increases the tax revenue by $2M F 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Probably No Probably Yes In order to create affordable housing, affordable materials should be available. ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 11 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response M 45-54 Dem Wildridge/ Wildwood/ Mountain Star Probably No Probably Yes The valley is getting over-developed so anything that increases the cost of large projects, I’m all for. Avon needs to do better on the infrastructure side of things if we are going to be increasing the number of dwellings (roads, traffic mitigation, better internet). We can’t bring more people to the valley without improving infrastructure. F 55-64 Dem Buffalo Ridge Undecided Probably Yes If I vote to approve the measure, it would be to help bring more community housing to Avon M 45-54 Rep Buffalo Ridge Undecided Probably Yes Because we need more affordable housing for workers. F 55-64 Rep Buffalo Ridge Undecided Probably Yes I think it is for a very much needed issue. We need to set the example countrywide for finding a way to solve our affordable housing crises. However, I think the remodel amount should be increased to $100,000 since $50k doesn't go as far as it used to. F 45-54 Unaf Nottingham Road/ Metcalf Road Undecided Probably Yes Housing M 18-34 Dem West Beaver Creek Blvd.Undecided Probably Yes We need more investment in local work force housing. But it should focus on affordability for low and middle income people, there should be an income cap on eligibility for workforce housing. 120% AMI or lower. M 65+Rep West Beaver Creek Blvd.Undecided Probably Yes Employers should provide housing. I have 11 Condos for housing!! M 45-54 Unaf Wildridge/ Wildwood/ Mountain Star Undecided Probably Yes For more workforce housing M 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Undecided Probably Yes Sounds like it’ll help the housing inequity in area. F 55-64 Dem Wildridge/ Wildwood/ Mountain Star Undecided Probably Yes Need to think about it more F 55-64 Dem Wildridge/ Wildwood/ Mountain Star Undecided Probably Yes Workforce/community housing is critical to our valley. ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote yes and approve the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 12 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 65+Dem Wildridge/ Wildwood/ Mountain Star Undecided Probably Yes Good use of tax $$ M 65+Dem Wildridge/ Wildwood/ Mountain Star Undecided Probably Yes To provide some affordable housing F 35-44 Rep Wildridge/ Wildwood/ Mountain Star Undecided Probably Yes Seems to make sense ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 1 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 35-44 Dem Eagle Bend Drive/Hurd Lane Definitely No Definitely No The 4% Use Tax on construction materials seems to be designed for the wealthy homes not and not for the low and middle class Residents of Eagle county. M 35-44 Dem Eagle Bend Drive/Hurd Lane Definitely No Definitely No I reject because our tax dollars are being used to create homes for the wealthy and not for the low and middle class people like myself. We are forced to leave Colorado, so we can buy our dream home and yet not in the state we want to live in. M 35-44 Dem Eagle Bend Drive/Hurd Lane Definitely No Definitely No I would vote no because taxes are being spent inappropriately and for only building housing for the wealthy, I as a local of 20 years can’t even afford a home here in the place that I love. Avon is Built my locals and operated by locals, and yet our taxes are to be spent inappropriately so that the wealthy can live comfortably. F 55-64 Unaf Nottingham Road/ Metcalf Road Definitely No Definitely No Avon created the workforce housing problem when it expanded STR to include areas (like Nottingham Road) that were historically LTR. Get the STR people to pay more taxes to offset the LTR that they eliminated which dramatically contributes to the housing problem. M 55-64 Unaf Nottingham Road/ Metcalf Road Definitely No Definitely No Enough already F 35-44 Rep Nottingham Road/ Metcalf Road Definitely No Definitely No We have enough taxes in Avon. Use the 2% transfer tax to accomplish what you want to accomplish. F 45-54 Rep Nottingham Road/ Metcalf Road Definitely No Definitely No I vote no M 45-54 Rep Nottingham Road/ Metcalf Road Definitely No Definitely No I don’t agree on raising taxes on the people. I also don’t agree with you assholes building more housing for the workers. The workers need to come and then leave our county. You are bringing in people to build. Then when it’s all built there will not be enough work for the people who were already here. Stop what you’re doing it is insane. I say fuck all of you assholes who want to raise taxes and bring in more people. You are all sick and most likely democrats. M 65+Rep Nottingham Road/ Metcalf Road Definitely No Definitely No Sounds like another freebeev for illegals ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 2 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 45-54 Unaf Other Definitely No Definitely No The Town of Avon is NOT fiscally responsible. I would like to see everyone currently in office be voted out and a new fiscally responsible town government. The Mayor and Town Council are a disgrace to the point that I wish they could be removed immediately. NO MORE TAXES, M 55-64 Unaf Other Definitely No Definitely No You have people digging basements under house trailers. Let’s re-examine the Air BNB industry as those beds are being wasted by greedy investors F 65+Unaf Other Definitely No Definitely No I do not think any taxes levied on individuals are warranted. The town of Avon cannot even plough their roads or pave them. All they know how to do is raise taxes and waste people's money that worked hard for it. M 65+Unaf Other Definitely No Definitely No Avon does not need more revenue - Avon needs to re-prioritize budget items to reduce/eliminate low priority expenditures and move $$$ to the housing needs F 35-44 Dem Other Definitely No Definitely No No raising of taxes. No new taxes F 45-54 Rep Other Definitely No Definitely No Because the chief of police of Avon, Greg Daly, Billy Club, my ass for going to the Salvation Army asking for free food phone bill help Showers etc. came out of jurisdiction to Eagle Colorado 20 miles away from Avon just to Billy Club my ass and throw me in jail for asking for help. He claims that it’s Avon staff employees and I’m not allowed to talk to them. Eagle County Sheriff and Sheriff was talking to Greg Daly when I got out of jail, wanting to know why he’s being such a fucking asshole, he’s in law and district court 20 cv 1255 with the Avon because you suck He also searched my house for red flag claiming that I destroyed your town at Avon municipal building and yet you have no physical evidence to prove this in the last 2 1/2 years and your lies and give me back my guns, please F 45-54 Rep Other Definitely No Definitely No Taxes are already Too high! F 45-54 Oth Other Definitely No Definitely No Because the costs and benefits is no for residents or actually owners of D restricted property F 45-54 Oth Other Definitely No Definitely No Stop letting people buy property to rent out short term. It’s obnoxious living next to air bnbs. Tax those people if you want to keep taxing everything. O 18-34 Unaf Piedmont Definitely No Definitely No It’s already expensive to live here. F 35-44 Unaf Piedmont Definitely No Definitely No The tax is not applied equally. ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 3 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response M 18-34 Unaf Town Core Definitely No Definitely No Times are good right now. You don't want unnecessary taxes to inhibit future growth. At least make projects under $5mm or focus on new construction only. M 45-54 Unaf Town Core Definitely No Definitely No Fiscally irresponsible. M 45-54 Unaf Town Core Definitely No Definitely No I don’t believe the Town has taken the following into consideration. Over development, limited infrastructure, vehicle mobility and lack of water resources. M 45-54 Unaf Town Core Definitely No Definitely No The town has proved all it cares about his luxury projects. It doesn’t care about workforce housing or else it would’ve built some already. Piedmont disaster the Marriott disaster front gate all that stuff has nothing to do with our local community and local workforce. M 45-54 Unaf Town Core Definitely No Definitely No You get enough money stops wasting it M 55-64 Unaf Town Core Definitely No Definitely No The town has a huge tax base already and provides nothing more than basic services. You don't need more money M 65+Unaf Town Core Definitely No Definitely No Avon has many sources for collecting taxes and needs to spend that thoughtful ly. Make do with what you have, just like the rest of us. We taxpayers are taken for granted and we are not your ATM. O 35-44 Dem Town Core Definitely No Definitely No If you are collecting more in revenue, isn’t that essentially a new tax? M 45-54 Dem Town Core Definitely No Definitely No We need new affordable housing options M 55-64 Dem Town Core Definitely No Definitely No Not efficient M 35-44 Rep Town Core Definitely No Definitely No Avon resident’s property taxes 30% last year. The huge companies that build all the commercial properties should pay the tax. The tax raises are making at difficult for locals to afford to live here. Large corporations that need employees housing shouldn’t have sold all there’s to make more money. M 45-54 Rep Town Core Definitely No Definitely No My taxes went up significantly this year. M 55-64 Rep Town Core Definitely No Definitely No It's a balancing act but taxes have just become too high across the board and need to be trimmed so groceries can be afforded. F 65+Rep Town Core Definitely No Definitely No Call it what you want, but it is just another tax. O 45-54 Unaf West Beaver Creek Blvd.Definitely No Definitely No Home remodels can easily exceed $50,000 in a year. Also, there is no clear definition of materials and/or usage. How is this defined? ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 4 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 55-64 Unaf West Beaver Creek Blvd.Definitely No Definitely No Because I don’t believe it will be spent on employee housing F 55-64 Unaf West Beaver Creek Blvd.Definitely No Definitely No Why should we pay more for developments we don’t use . Just another tax and spend scheme M 55-64 Unaf West Beaver Creek Blvd.Definitely No Definitely No It will add to already high cost of housing as end buyers ultimately pay the tax, there are no specific projects identified for the slush fund that would be created M 55-64 Unaf West Beaver Creek Blvd.Definitely No Definitely No Until the Town lifts STR limits on identified condo/townhomes we will vote no on all tax increases in the future. What is good for some should be good for all. Treat all owner equally and equitably. F 65+Unaf West Beaver Creek Blvd.Definitely No Definitely No Avon is being overbuilt. M 35-44 Rep West Beaver Creek Blvd.Definitely No Definitely No Just tax homeowners that eagle county is not their primary residence. Aka non locals. M 45-54 Rep West Beaver Creek Blvd.Definitely No Definitely No Because you have to many illegals running around, to many drugs gangs in town you’ve had 7 hash fires in 9years making up kitchen crap to sell to tourists your town is so liberal it makes no sense you had my guns stolen from avon police with no witness lists no evidence and they failed to fix my rear door. The crime rate is up cars stolen my condo had theft since the illegal police raid they refuse to take the police reports the hoa drug cartel neighbor somehow canceled my home insurance plan while in jail your cops harassed me for 2 years and no help M 45-54 Rep West Beaver Creek Blvd.Definitely No Definitely No Just another fee driving up costs of real estate M 35-44 Oth West Beaver Creek Blvd.Definitely No Definitely No Dont want to pay 4% more on my home depot trip. Why don't we tax 4% at the building department for any project over $1,000,000 not directly linked to affordable/employee housing? Why should I have to pay 4% more to remodel my bathroom just because we were lucky enough to close on a condo that has never been updated and has been used as a rental for the past 40 years? F 45-54 Oth West Beaver Creek Blvd.Definitely No Definitely No Manage the money better ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 5 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response M 35-44 Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No If you keep taxing construction/building you will just keep driving up the cost for construction/building in the town M 35-44 Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No It discourages development and penalizes residents when investing in their property M 45-54 Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No The increased amount of taxes paid at the pump, at the grocery store and other retailers is impacting our economy, adding more taxes to alleviate others is not the solution, help the existing population out the hole first F 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No $50,000 in a year is not enough. Large construction projects over 1.5 million let’s get real. There are some small builders, From the valley, who should not have to pay a gigantic tax like these MEGA corporations. Who can obviously pay these amounts maybe a tiered system would work better for this in Avon Colorado. Moore thought needs to go into this ballot measure. F 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No Town does not manage money well. M 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No First of all the survey was extremely biased trying to convince us to pass a new tax. I do not think city does a great job allocating funds as it is and A New tax is just going to drive up cost for us. It’s us as taxpayers who ultimately bear the brunt of all these new taxes. They’re just passed on. M 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No How can you drop 4% sales tax and instate a 4% “use tax” and get 50% more revenue? M 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No Nowhere does it state what the impact is of the reduced sales tax revenue. Why don’t you reduce local real estate tax amounts? ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 6 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response M 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No The only housing crisis we have is too much development and businesses not paying their workers a living wage. Don't stick the taxpayer with their problem and turn this place into a ghetto with government funded public housing like Cabrini green in Chicago. Let the free market operate freely. The wealthy business owners are trying to stick the taxpayer with their responsibilities. F 65+Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No Construction materials are already extremely expensive!!!! The cost of renovation in Avon is well above average! Adding 4 percent additional cost makes the already cost of construction or renovation out of reach! M 65+Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No Already too many taxes! M 65+Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No Avon already has so much tax money that they piss it away on unnecessary projects. Rein in your spending and use the taxes you already get more wisely. Not to mention the recent enormous property tax increase that none of the town council was interested in discussing. So-not ‘no’ but ‘he’ll no’. F 35-44 Dem Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No $50,000 is WAY too low. With prices now, that might get you a master bath remodel. I am a working class person in Eagle county and was lucky enough to buy a fixer upper at a decent price a number of years ago. However, there are still a lot of home improvement projects that we need to do, such as new windows and a new deck, which will easily be more than 50,000. This tax needs to be increased so that it doesn’t punish working class people who are trying to do improvement projects on their home. I agree that construction projects like the Peidmont, Frontgate, etc should be taxed to provide affordable housing in Avon, but 50,000 is too low. Everything is more expensive now. Our mortgage has increased $500/ month because of property taxes and insurance. Our money does not get us as much as it used to. Placing another 4% tax on top of necessary house upgrades does not help us. Increase the amount and I would vote yes to this bill in a heart beat, but it needs to be a lot more than 50,000 so that it doesn’t hurt the working class people living in Avon just trying get by. ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 7 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 35-44 Dem Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No I don’t believe that the town of Avon will use the funding appropriately. I don’t believe that they have spent appropriately in the past on many projects. I have zero confidence that the town of Avon has the ability to solve housing issues for middle class and low income residents who reside in Avon. M 35-44 Dem Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No Increase the exempt amount from $50k to 150k as a local worker who could barely afford a house, the house we bought needs a lot of work. 50k is too low, most projects (kitchen, roof replacement, bathroom, deck replacement) are well over $50k. Or just collect the tax on new builds F 65+Dem Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No I don’t believe that it is government’s responsibility to provide employee housing. Employers need to step up and not rely on others to pay for housing their employees. F 65+Dem Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No Most home projects are significantly more than $50,000 in our valley so what affects large scale projects affects us individual homeowners as well. Please your verbiage: ….the privilege to … Seriously? M 65+Dem Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No Construction costs are already too high M 18-34 Rep Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No No. The municipalities are already a HUGE part of why we don’t build anything affordable anymore already. Avon is lucky to have one of the FAR better inspection teams in the county, but the permitting process all around here has reached a point where only the rich can subject themselves to what is done to them in order to build. People love playing these games about housing, but we’ve voted for these constant increases making it nearly impossible to build anything affordable. Look also at any “affordable housing” that the municipalities are involved in… they are a disaster. I’ve built them, from Breck to Snowmass to one for the school district right now in Carbondale. the towns being involved MURDER the ability to build a logical, well thought out project. The only way towns around here “help” create affordable housing is to GET OUT OF THE WAY. ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 8 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 45-54 Rep Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No Taxes already too high. Get rid of 2 percent transfer tax! F 65+Rep Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No I don’t think the government should be involved in community housing projects. I don’t support any tax increases! M 65+Rep Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No The town appears fo have enough money to provide appropriate services. This is an opportunistic tax proposal which sounds like tax the rich but ultimately comes out of everyone’s pockets. O 35-44 Oth Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No If a home costs more to build it will be more expensive. Most expensive homes make it more difficult than live here. Duh F 55-64 Oth Wildridge/ Wildwood/ Mountain Star Definitely No Definitely No Taxes can’t get going up. People who live here can’t afford more and more taxes, especially for employee housing that no one can afford. This was already voted down, why can it be put back on the ballot. F 55-64 Unaf West Beaver Creek Blvd.Probably No Definitely No Until Avon eliminates restrictions on STR rentals for a select group of condos which cap us at 15% while still taxing us like other condos with unlimited ability to STR, as a homeowner all increase in taxes will be a NO. F 35-44 Unaf Wildridge/ Wildwood/ Mountain Star Probably No Definitely No Wish not to respond F 45-54 Unaf Other Probably Yes Probably No The $50k threshold is too low and discourages current residents from remodeling and increasing the value of their home. I’d look at $125-$150k for that number instead, or add a residency clause to the measure/amount. We want locals to add value to their homes rather than penalize their spend. F 55-64 Unaf Buffalo Ridge Definitely No Probably No I believe there will always be a budget issue, no matter how much funds we voters are willing to be taxed ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 9 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 45-54 Unaf Eagle Bend Drive/Hurd Lane Definitely No Probably No The way it’s written you don’t say the tax is already there it’s just being converted and it’s not clear about home remodels. To be honest, a home remodel is not usually less than 50k in this valley. Make it 150k and I think more local home owners might be more open to it. That’s a much more realistic price point for even getting a contractor to take your job. Since your survey alludes to the fact you’re trying to get the taxes from larger developers why hurt the homeowners. From an educational standpoint it would also be good to know what other towns are taxing, especially Edwards and Eagle since there’s a lot more development and growth happening there than in Avon. I would hate to see the development push towards them versus Avon because of this tax. And as the town, you should be requiring large developers to invest in the community. Maybe not just taxing them - and us - more. For instance you should have made Frontgate create a sidewalk all the way to the bus stop on 6th and up to and through the round about and into Beaver Creek. Now the town has the hazards to deal with which will eventually end up costing taxpayers dollars. M 45-54 Dem Nottingham Road/ Metcalf Road Definitely No Probably No More taxes never help middle class white people F 45-54 Unaf Other Definitely No Probably No This will hurt tourism…. Doubtful the money could be trusted to go towards workforce housing. Tax the ski resort M 65+Dem West Beaver Creek Blvd.Definitely No Probably No This initiative is too short sighted. We need to look beyond what is currently happening in our community and look for solutions M 45-54 Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Probably No Because I don’t need to pay for other people’s housing when I build or remodel a house. M 65+Unaf Wildridge/ Wildwood/ Mountain Star Definitely No Probably No Sales tax at 10% WE DO NOT Need More Taxes, we need less taxes. REMEMBER City Council don't represent Us. F 45-54 Rep Wildridge/ Wildwood/ Mountain Star Definitely No Probably No We are only local Town with 2 percent transfer tax. Don’t add the construction tax on top of it. One or the other. ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 10 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 18-34 Unaf Eagle Bend Drive/Hurd Lane Probably No Probably No We already pay a lot of taxes towards similar causes and they haven’t really seemed to be allocated towards public housing and it would escalate prices in everything to even higher prices than they already are. M 45-54 Dem Eagle Bend Drive/Hurd Lane Probably No Probably No The tax should be specific to the projects in question. It's not hard to rack up 50K+ on a 'small' home project. The exemption limit should be higher. The tax should target the hotel projects and second homes who often receive exemptions just to build their projects - Traer Creek anyone? M 35-44 Unaf Other Probably No Probably No After talking with developers in the valley, part of the reason prices are so high for developments once completed is because the price of construction in the valley is so high. Adding an additional tax for the developer is only going to raise prices in the long run. Nothing that has been built recently is truly affordable, especially the Piedmont, built for community housing but charging over $3K for small, shoddily constructed apartments. That is not what we want for locals who work hard just to barely get by in this valley. This tax will further fund the Avon Town Council's poor ideas for solutions to the affordable housing issues we face. The only real solution is to ban STRs. Places like Eagle-Vail were built for employee housing and have been taken over by STRs, eroding community and enhancing housing shortages. M 65+Unaf Other Probably No Probably No Previous town managers have voted to allow these major new developments which have ruined the small town atmosphere of Avon. Big motels hotels resorts have already paid the money under the table and Avon is going to get what it deserves. F 45-54 Unaf Town Core Probably No Probably No I read your financial table and it is not transparent or clear on any level how you think you are going to double revenues with this proposed use tax. So I can not support this initiative. Maybe you should figure out how to better prioritize and allocate existing funds that would help ease the affordable housing challenge which we have been aware of for decades. M 45-54 Unaf Town Core Probably No Probably No Materials for these large projects are not purchased in county. Focus on making the sidewalks line up with something. Anything. ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 11 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 45-54 Dem Town Core Probably No Probably No Because increased costs on construction materials make already impossibly expensive housing projects more expensive. The new condos in Avon supposedly have units meant for the Eagle county workforce but at over $1M each, how is that even close to affordable for an average local worker. I don’t want anything getting more expensive when salaries don’t come close to keeping up with costs. M 35-44 Unaf West Beaver Creek Blvd.Probably No Probably No No residential construction should be considered in this tax. Even if they are not considered workforce housing it will still increase overall real estate value. Which will increase the price of workforce housing. I will not vote for any tax that includes a tax on residential housing. That is an immediate contributor to why the piedmont is so expensive. F 18-34 Dem West Beaver Creek Blvd.Probably No Probably No The language in the ballot measure is way too confusing (especially for ESL community) F 18-34 Unaf Wildridge/ Wildwood/ Mountain Star Probably No Probably No As a 25 year old who born and raised in vail, I struggle with the idea of building more “community housing”. everything we have now is already beyond expensive and my age group is struggling to even get food on the table with the country’s inflation rates. it feels quite ridiculous and unattainable to move out of my parents basement, even though I pay them rent. I do not make enough money to support myself in the valley that I grew up in. once they’re gone, i’m gone, and that will not be by choice. if you are going to take our money to build more housing, it better benefit the true locals and long standing residents. M 45-54 Unaf Wildridge/ Wildwood/ Mountain Star Probably No Probably No It will increase the cost of construction which in return keeps housing costs higher for the end buyer or renter. F 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Probably No Probably No Don’t support tax increases F 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Probably No Probably No I am wondering what type of small home improvement project costs $50,000.00 or less. To upkeep a home in this valley is so expensive. Local working families can no longer afford to make a life here. ATTACHMENT B Town of Avon Use Tax Ballot Measure Survey "Please describe why you would vote no and reject the ballot measure to create a 4% use tax on construction materials." Town of Avon Use Tax Ballot Measure Survey 6/17/24 - 7/2/24 259n, +/-5.86% MoE Magellan Strategies www.Magellanstrategies.com | 303-861-8585 12 Sex Age Range Party Location Uninformed Ballot Informed Ballot Response F 55-64 Unaf Wildridge/ Wildwood/ Mountain Star Probably No Probably No I think a $100,000 exception would be more appropriate for small remodels. F 65+Unaf Wildridge/ Wildwood/ Mountain Star Probably No Probably No I'm just tired of raising taxes F 65+Dem Wildridge/ Wildwood/ Mountain Star Probably No Probably No Retired & on fixed income. Cannot continue to live here if taxes keep going up. Also all income levels considered for community housing. Oppose this. Also oppose splitting lots in Wildridge to put outrageously large homes on one lot that was considered initially as a single or duplex home. Shame on TOA! No community housing here unless you are in the upper middle class or higher. I do belief in community housing for lower middle class employees of Eagle County. M 65+Oth Wildridge/ Wildwood/ Mountain Star Probably No Probably No The 50,000 cap is way too low with the cost of construction I today's market. M 35-44 Unaf West Beaver Creek Blvd.Undecided Probably No Price of construction and housing cost would get even more expensive ATTACHMENT B (Construction) Use Tax Ballot Proposal Implementation Timeline 7/18/2024 Page 1 Deliverables Staff Timeline Status Finalize Postcard for Mailing and send to Gypsum Printer for Mailing to Avon Voter List Eric & Liz June 3 – 7 Currently drafting postcard & making arrangements with printer. Draft Town Council Report that includes reviewing final Polling Questions for Town Survey Eric & Team (Eric, Patty, Ineke Paul) Due packet June 6 Reviewing draft survey questions and preparing report for council packet. Outline Social Media & Marketing Campaign including release of survey and arranging for radio interview Eric & Team June 3 – 7 Team currently discussing dates and content. Implement Social Marketing Campaign: 1) Postcards with general information about use tax & Engage Avon webpage link mailed to Avon Voter List 2) Sponsored Content in Vail Daily (voter survey) on several days thru the summer 3) Radio Ads Begin (promoting use tax survey) 4) Mobile Signs around town 5)Email to Business License List with Use Tax Ballot Proposal Info 6)Radio Interview with Town Manager Liz & Team June Working with Magellan Strategies to finalize polling questions and release date. Identify platforms and stakeholders to assist with educational and marketing efforts (meet w/ VVP, etc.) Voter Survey Deadline Magellan June 28 Last day to take the town survey (as produced by Magellan). Presented Polling Results Report to Finance Committee Paul | Eric July 15 Finance Committee Meeting July 15 Review Polling Results with Town Council Eric & Paul July 23 Magellan Strategies Presentation Continue Social Media Marketing and Education Campaign 1) Use Tax Info Flyer to mail to voters, HOAs, and Avon businesses by July 27 2) Updates to “Engage Avon” webpage requesting feedback by August 9th Eric & Team July – August 13 Use updated voter list ATTACHMENT C (Construction) Use Tax Ballot Proposal Implementation Timeline 7/18/2024 Page 2 3) Sponsored Content in Vail Daily: draft 2nd article 4) Radio Ads (pending) and Educational Video 5) Social Media posts (reach out to target markets per survey) 6) August Newsletter Article 7) Identify Influencers and leaders who support the ballot proposal for campaign efforts after August 13; request outreach from them 8) Resolutions from DDA, Finance Committee and Town Council in support of ballot proposal Post Council Meeting | Campaign Actions 1) Prepare Fact Statement for Pro/Con Messaging 2) Post Fact Statement on Website & mail to voters 3) Resolutions supporting ballot proposal Eric & Team July 14 – October 11 Draft Resolution supporting Use Tax proposal for consideration by Town Council and other Committees (DDA & Finance) Post Council Meeting | Non Avon Activities 1) Form Ballot Issue Committee 2) Raise funds for campaign efforts 3) Vail Daily letters of support for Ballot Proposal 4) Social Media posts to target audiences 5) Campaign Signage July 14 – November 5 Contact Eagle County Clerk about Town’s participation in the Coordinated Election and if there will be an Avon Ballot Question Town Clerk July 26 Confirm with Eagle County whether a ballot measure will be considered. Town Council Consideration of Ordinance for Ballot Measure Team August 13 First reading of ordinance Last Day to return IGA to Eagle County Clerk for election participation Town Clerk August 27 Scheduled for Council Meeting August 27 (Construction) Use Tax Ballot Proposal Implementation Timeline 7/18/2024 Page 3 Town Council Consideration of Ordinance for Ballot Measure Team August 27 Second reading of ordinance Certify Ballot Content to Eagle County Clerk (if Ordinance is approved & with names of municipal candidates) Town Clerk September 6 Must be submitted week of Sept. 2nd Last Day to File Pro/Con Summary to Eagle County Clerk September 20 Town Clerk to summarize pro and con statements submitted for TABOR NOTICE (sent to voter list by Eagle County Clerk) Ballots Mailed by Eagle County Clerk October 11 Mail TABOR Notices to registered voters (Use Tax Fact Sheet to Voter List) Election Day November 5 772:1&281&,/5(3257 ,QWURGXFWLRQDQG$FWLRQ%HIRUH&RXQFLO 2Q7XHVGD\HYHQLQJ3DXO%DFNHVZLWK0F0DKRQ $VVRFLDWHVWKH7RZQ¶VLQGHSHQGHQWDXGLWLQJILUPZLOO SUHVHQWWKHLUDXGLWILQGLQJVWRWKH$YRQ7RZQ&RXQFLO 3URSRVHG0RWLRQ $IWHUSUHVHQWDWLRQRIWKHDXGLWUHSRUWIURPWKHDXGLWRUVWKHDSSURSULDWHDFWLRQZRXOGEHIRU7RZQ&RXQFLOWR DFFHSWWKHUHSRUW7KHUHFRPPHQGHGPRWLRQZRXOGEH³0RYHWRDFFHSWWKH$QQXDO&RPSUHKHQVLYH )LQDQFLDO5HSRUW´ $GGLWLRQDO,QIRUPDWLRQ ,QDGGLWLRQWRSUHVHQWLQJWKHLUDXGLWILQGLQJVLWLVFRPPRQIRUWKHDXGLWRUVWRPDNHUHFRPPHQGDWLRQVUHJDUGLQJ LQWHUQDOFRQWUROVDQGSROLFLHVDQGSURFHGXUHVWRKHOSWKH7RZQRSHUDWHDVHIILFLHQWO\DVSRVVLEOH ZLWK WKH KLJKHVW GHJUHH RI WUDQVSDUHQF\ DQG LQWHJULW\ 3DXO $WWDFKPHQW$&RPPXQLFDWLRQZLWK*RYHUQLQJ%RG\ 72 )520 5( '$7( +RQRUDEOH0D\RU$P\3KLOOLSVDQG$YRQ7RZQ&RXQFLO 3DXO5HGPRQG&KLHI)LQDQFH2IILFHU $QQXDO&RPSUHKHQVLYH)LQDQFLDO5HSRUWDQG &RPPXQLFDWLRQZLWK*RYHUQLQJ%RG\ -XO\ Preliminary Draft McMahan and Associates, l.l.c. Certified Public Accountants and Consultants Web Site: www.mcmahancpa.com Chapel Square, Bldg C Main Office: (970) 845-8800 245 Chapel Place, Suite 300 Facsimile: (970) 845-8108 P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.co Member: American Institute of Certified Public Accountants Paul J. Backes, CPA, CGMA Avon: (970) 845-8800 Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996 Matthew D. Miller, CPA Frisco: (970) 668-3481 M & A To the Honorable Mayor and Town Council Town of Avon, Colorado We have audited the financial statements of Town of Avon, Colorado for the year ended December 31, 2023. Professional standards require that we provide you with the following information related to our audit. Qualitative Aspects of Accounting Policies Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by Town of Avon, Colorado are described in the Notes to the financial statements. The Town implemented Governmental Accounting Standards Board Statement No. 96, SBITA’s. The new standard improves accounting and financial reporting for subscription-based IT agreements.No other new accounting policies were adopted and the application of existing policies was not changed during the year. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Estimated useful lives for depreciation on fixed assets: Management’s estimate of depreciation is based on industry practice and experience. Allowance for doubtful accounts: The Town has a number of receivables from developers and others. Some of the amounts owed to the Town may be uncollectable. The Town has recorded an allowance for doubtful accounts to reflect any anticipated default on receivables. Estimated claims reserve: Management’s estimate of the claims reserve liability is based on actual claims activity relative to stop loss refunds and premiums charged to departments. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. There were no misstatements detected as a result of audit procedures which were material, either individually or in the aggregate, to the financial statements taken as a whole. Preliminary Draft To the Honorable Mayor and Town Council Town of Avon, Colorado Page 2 Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations As is required in an audit engagement we have requested certain representations from management that are included in the management representation letter. Recommendations We noted certain matters related to opportunities for improvement of internal controls and day-to-day operations, which are presented for your consideration below: Segregation of Duties While performing internal control documentation work, which includes meeting with the Town’s departments to gain an understanding of their operations and processes, we noticed a lack of Segregation of Duties within the Court Clerk department. An employee in this department can collect and store payments, prepares deposits, and can update Full Court to change fees charged/outstanding. We understand that due to the size of the department, full segregation of duties cannot be maintained. At the minimum, we recommend that the Town implement compensating controls such as a quarterly review of Full Court’s fee change log and increase the frequency of which the Court Clerk is making deposits with finance to weekly. Stale Checks During the audit, we noted various stale checks dating back to 2019 on the Town’s cash concentration bank account. We recommend the Town review stale checks frequently, follow up with vendors who have not cashed payments, and void and reissue significantly aged checks as necessary.These steps will improve the Town’s controls over cash disbursements and reduce its susceptibility to potential check fraud. Debt Payments During the audit, we noticed that the Town’s payments on outstanding debt were incorrectly allocated among principal reduction and interest expense and posted adjusting entries to correct. Proper posting of these payments to principal and interest is critical to ensuring the Town is in compliance with debt issuance documents and making all its necessary payments . We recommend that the posting of these payments be reviewed and agreed to the appropriate debt amortization tables. This letter is intended solely for the information and use of the Town Council, management, and others within the organization and is not intended to be, and should not be, used by anyone other than those specified parties. Sincerely, McMahan and Associates, L.L.C. Preliminary Draft Annual Comprehensive Financial Report for the year ended December 31, 2023 Town of Avon 100 Mikaela Way ▪ Avon, CO ▪ 81620 ▪ www.avon.org Preliminary Draft TOWN OF AVON, COLORADO LIST OF ELECTED AND APPOINTED OFFICIALS December 31, 2023 TOWN COUNCIL Amy Phillips, Mayor Tamra N. Underwood, May Pro Temp Russell Andrade Rich Carroll Lindsay Hardy Ruthie Stanley Chico Thuon MANAGEMENT Eric Heil, Town Manager Patty McKenny, Deputy Town Manager Michael LaBagh, Recreation Director Greg Daly, Police Chief Matt Pielsticker, Community Development Director Eva Wilson, Public Works Director Paul Redmond, Chief Finance Officer Preliminary Draft TOWN OF AVON, COLORADO ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2023 TABLE OF CONTENTS INTRODUCTION Letter of Transmittal Certificate of Achievement for Excellence in Financial Reporting Town of Avon Organization Chart FINANCIAL SECTION Independent Auditor’s Report Management’s Discussion and Analysis Basic Financial Statements Government-wide Financial Statements: Statement of Net Position Statement of Activities Fund Financial Statements: Balance Sheet – Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balances – Governmental Funds Statement of Net Position – Proprietary Funds Statement of Revenues, Expenses and Changes in Fund Net Position – Proprietary Funds Statement of Cash Flows – Proprietary Funds Notes to the Financial Statements Required Supplemental Information Schedule of Revenues, Expenditures and Changes in Fund Balances (Budgetary Basis) – Budget and Actual – General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances (Budgetary Basis) – Budget and Actual – Avon Urban Renewal Authority Fund Notes to Required Supplemental Information Page v-x xi xii 1-3 4-16 17 18-19 20-21 22-23 24-25 26 28-29 30-57 58 59 60 i Preliminary Draft Other Supplemental Information Nonmajor Governmental Funds Combining Balance Sheet – Nonmajor Governmental Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances – Nonmajor Governmental Funds Schedules of Revenues, Expenditures and Changes in Fund Balances (Budgetary Basis) - Budget and Actual: Community Enhancement Fund Community Housing Fund Water Fund Exterior Energy Offset Fund Disposable Paper Bag Fee Fund Debt Service Fund Capital Projects Fund Mobility Fund Fleet Maintenance Fund Equipment Replacement Fund Miscellaneous Schedules: Debt Schedule Detailed Schedule of General Fund Expenditures (Budgetary Basis) – Budget and Actual Detailed Schedule of General Fund Revenues (Budgetary Basis) – Budget and Actual Schedule of Capital Project Fund Project Expenditures (Budgetary Basis) – Budget and Actual Local Highway Finance Report STATISTICAL SECTION Net Position by Component Changes in Net Position Changes in Fund Balances, Governmental Funds Fund Balances, Governmental Funds Tax Revenues by Source, Governmental Funds Assessed Value and Actual Value of Taxable Property Direct and Overlapping Property Tax Rates Principal Taxpayers Property Tax Levies and Collections Ratios of Outstanding Debt by Type Page 62 63-64 65-66 67 68 69 70 71 72 73 75-76 77-78 80-81 83 84-85 86-88 89-90 91-92 95-96 97-100 101-102 103 104 105 106 107 108 109 ii Preliminary Draft STATISTICAL SECTION (continued) Direct and Overlapping Governmental Activities Debt Ratio of General Bonded Debt Outstanding and Legal Debt Margin Demographic and Economic Statistics Principal Employers Commercial and Residential Construction Full-time Equivalent Employees by Function / Program Operating Indicators by Function / Program Page 110 111-112 113 114 115-116 117 118-119 iii Preliminary Draft THIS PAGE INTENTIONALLY LEFT BLANK iv Preliminary Draft Post Office Box 975 100 Mikaela Way Avon, CO 81620 June 21, 2024 To the Honorable Mayor, Members of the Town Council and Citizens of the Town of Avon: Town Charter and State statutes require that the Town of Avon (Town) issue a complete set of financial statements presented in conformance with generally accepted accounting principles (GAAP) and audited in accordance with generally accepted auditing standards by a firm of licensed independent certified public accountants. Pursuant to these requirements, we hereby issue the annual financial report of the Town of Avon for the fiscal year ended December 31, 2023. This report consists of management’s representations concerning the finances of the Town of Avon. Consequently, management assumes full responsibility for the completeness and reliability of all of the information presented in this report. To provide a reasonable basis for making these representations, management of the Town of Avon has established a comprehensive internal control framework that is designed both to protect the Town’s assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the Town of Avon’s financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh the benefits, the Town of Avon’s comprehensive framework of internal controls has been designed to provide reasonable rather than absolute assurance that the financial statements will be free from material misstatement. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material respects. The Town of Avon’s financial statements have been audited by McMahan and Associates, L.L.C., a firm of certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the Town of Avon for the fiscal year ended December 31, 2023, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit, that there was a reasonable basis for rendering an unmodified opinion that the Town of Avon’s financial statements for the fiscal year ended December 31, 2023 are fairly presented in conformity with GAAP. The independent auditor’s report is presented as the first component of the financial section of this report. GAAP require that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management’s Discussion and Analysis (MD&A). This letter of transmittal is designed to complement the MD&A and should be read in conjunction with it. The Town of Avon’s MD&A can be found immediately following the report of the independent auditors. v Preliminary Draft Letter of Transmittal Town of Avon, Colorado June 21, 2024 Profile of the Town The Town of Avon was incorporated in 1978 and is located in Eagle County, eight miles west of the Town of Vail and seventeen miles east of the Town of Eagle. The Town sits north of U.S. Highway 6, directly adjacent to the Beaver Creek Resort and is bisected by Interstate Highway 70 from east to west. The primary transportation route to and from Avon is I-70. Aviation services and transportation are available at the Eagle County Airport, 24 miles west of the Town. The Town provides bus transportation services within the Town and offers, in funding partnership with the Beaver Creek Resort Company, a high-speed gondola that provides direct access to Beaver Creek Resort. Avon is also served by the Eagle County Regional Transit Authority which provides bus service throughout Eagle County. Eagle County encompasses approximately 1,694 square miles and spans from the summit of Vail Pass to Glenwood Canyon. Approximately 80% of Eagle County’s land is public – comprised of National Forests, wilderness areas, Bureau of Land Management properties, and state and local public lands. The Town of Avon currently encompasses approximately 8¼ square miles. The Census Bureau’s population estimate as of April 2020 was 6,072. This figure represents the permanent resident population. Total population increases significantly during the winter tourist ski season. The Town operates under the council/manager form of government. Policy-making and legislative authority are vested in the Town Council, which consists of a mayor and a six- member council. The Town Council is responsible, among other things, for passing ordinances, adopting the budget, and appointing a Town Manager, Town Attorney, Town Prosecutor and Municipal Judge. The Town Manager is responsible for carrying out the policies and ordinances of the Council, overseeing the day-to-day operations of the Town, and for appointing the heads of the Town’s departments. The Council is elected on a non-partisan basis. Council members are elected to four-year staggered terms with three council members to be elected in November 2024, and the remaining four to be elected in November 2026. The mayor and mayor pro-tem are elected from amongst the elected council members by a majority vote. The mayor presides at meetings of council and shall not vote until all other Council members present who are eligible to vote have had reasonable opportunity to vote. The affirmative concurring vote of four (4) Council members is required for the adoption of an ordinance, resolution, order for appropriation, approval of a contract or approval of an intergovernmental agreement. The Town is a home-rule community empowered to levy a property tax on the assessed value of real property located within the Town. The Town collects a 4% sales tax on all retail sales, and a 4% accommodations tax on the lease or rental of hotel rooms, condominium units and other accommodations within the Town. Beginning January 1, 2022, with voter approval, the Town began levying a 2% short-term rental tax on all residential short-term rentals. These funds are earmarked for community housing purposes. Effective January 1, 2019, with voter approval, the Town began levying a $3 per pack excise tax on the sale of cigarettes and a 40% tax on other nicotine and tobacco products. The Town also collects a 2% real estate transfer tax on all sales of real property located within the Town. The Town has the power by state statute to extend its vi Preliminary Draft Letter of Transmittal Town of Avon, Colorado June 21, 2024 corporate limits by annexation, which is done periodically when deemed appropriate by the Town Council. The Town provides a full range of municipal services including general administrative services; community planning and zoning and building permitting and inspection services; municipal law enforcement; public works including management and maintenance of Town parks and landscaping, Nottingham Lake, bridges, streets and roads, trails, buildings, facilities and infrastructure; operation and management of the Avon Recreation Center and other youth, adult and senior recreation programs; and, special events and cultural activities. The annual budget serves as the foundation for the Town of Avon’s financial planning and control. No later than October 15th, the Town Manager submits to the Mayor and Town Council a proposed budget for the calendar year commencing the following January 1st. The budget is prepared by fund, department, program, and project and includes information on the prior year, current estimates and requested appropriations and estimated revenues for the upcoming year. The Town Council holds public hearings and may change appropriations except for expenditures required by law for debt service or for estimated cash deficits. No change to the budget may increase the authorized expenditures to any amount greater than the total amount of funds available. The Town Council must adopt the budget by resolution prior to December 15th. Once adopted, the Town Council may at any time, by resolution, amend the budget. In addition, the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department. A department is defined by the Town as a distinct, principal, or specialized division (e.g. the department of public works). Expenditures may not legally exceed budgeted appropriations at the fund level. Budget to actual comparison are provided in this report for all funds and are presented at a lower-than-required level of control to facilitate detailed financial analysis. Budgetary comparisons for the Town’s General Fund and its major special revenue fund, the Avon Urban Renewal Authority, are presented as required supplemental information in this report. Budget to actual comparisons for all other Town funds are included as other supplemental information in this report. Factors Affecting Financial Condition The information presented in the financial statements is best understood when considered from a broader perspective rather than just the specific environment in which the Town operates. Local Economy. Year-round tourism and winter recreation-related businesses account for a significant portion of the employment and earned income of area residents. Skier and snowboarder visits at Vail and Beaver Creek Resort account for almost 20% of the total such visits in Colorado. Both resorts are perennially ranked among the top ten ski resorts in the country. vii Preliminary Draft Letter of Transmittal Town of Avon, Colorado June 21, 2024 In addition to skiing and associated winter-time activities, the area promotes a number of summer activities. The Town of Avon sponsors numerous special events throughout the year to area residents and visitors including Avon's Salute to the USA - a July 4th fireworks display typically held on July 3rd, and Avon LIVE!, a free Wednesday evening live music series; and family-friendly activities like the Avon Easter Egg Hunt. The Avon Recreation Center is a spacious 40,000 sq. ft. multi-use facility featuring a large aquatics area with a 5-lane lap pool, lazy river, kid’s pool, 140 foot water slide, Aquaclimb climbing wall and diving well; a 2,560 sq. ft. advanced weight training room; a fitness room with treadmills, elliptical motion trainers, upright and recumbent bikes; and, separate Yoga/Tai Chi and multi-purpose training studios. Nottingham Park and Nottingham Lake serve as the Town’s central headquarters for summer activities including standup paddleboard, pedal boat, and kayak rentals; fishing, beach volleyball, Fitness Court, and Destination Jump, Splash, Learn. Avon’s Whitewater Park, with three distinct water features, is open all summer for rafters and kayakers to enjoy. The West Avon Preserve offers more than 11 miles of mountain bike trails accessible from the Town's paved bike paths with a variety of terrain for all ability levels. Offering several championship golf courses, Eagle County has earned a rating by Golf Digest Magazine as one of the top 40 golf communities in which to live. Other summer activities include hiking, horseback riding, bicycling, kayaking, and rafting, as well as other recreational sports. Property Values. Property tax, which is based on assessed property values and a mill rate, represents approximately fifteen percent of the Town’s total tax revenues. Assessed values are dependent upon real property growth and market values of property, along with assessment ratios established by the State legislature. In Avon, gross assessed values of real property increased by 40 percent in 2023. Current Initiatives Council places a high priority on maintaining the existing level of municipal services in 2023 for the purpose of community stability and support of the local economy. All levels of service and staffing to support those levels of service remain the same as 2023. Personnel cost highlights include a merit-based overall salary cost increase of % at January 1, and a 5% across-the-board increase for all employees on June 1, 2023. There are several new positions that will increase staff resources in Recreation, Community Development, and Buildings and Facilities. A total of $1,560,564 in vehicle and heavy equipment purchases originally included in the 2023 budget are being carried-over to the 2024 budget due to continued supply-chain delays. Community Housing. In 2023, the Avon Town Council continues to fund the buyer assistance, deed restriction purchase program originally began in 2020 called Mi Casa Avon! which has been very successful. Now with the 2% short-term rental tax on all residential short-term rentals earmarked for community housing purposes, the Town has begun feasibility studies and preliminary design on employee rental housing on certain town-owned properties. Construction Use Tax. Staff is proposing to Town Council a construction use tax election question to be included in the upcoming November elections. The revenue from the construction viii Preliminary Draft Letter of Transmittal Town of Avon, Colorado June 21, 2024 use tax would be dedicated to Community Housing. The construction use tax is a form of use tax levied on building materials. The use tax is collected at the time a building permit is issued. The use tax amount is determined by multiplying the use tax rate by the cost of the building materials using a predetermined formula. A common method is to determine that the cost of building materials to be fifty percent (50%) of the total valuation of the construction project. The builder then provides the building permit to the materials supplier to prove that use tax has already been paid, and then is exempt from paying a corresponding municipal sales tax in other locations. The administrative burden of collection under a use tax methodology is greatly reduced. In addition, the Town would have the authority when necessary to reconcile the final cost of a project versus the initial value placed on the project for permit purposes. Capital Improvement Projects The Town updates its capital improvements long-range plan annually. Substantial expenditures are planned in 2024 from the Capital Projects Fund. A significant portion of the expenditures are planned for road and street maintenance and repairs and multi-modal / alternative mobility projects including a $4.6 million project for the US Hwy 6 & Stondbridge Road roundabout, which is proposed to be funded through various federal, state and local grants. The previously- approved $2.5 million H.A. Nottingham Park East Improvement project has received grant funding and will begin in 2024. The original project included landscaping upgrades, recreation path repairs, and the construction of additional public restrooms on the north and east side of the park. The dedication of real estate transfer tax revenues to capital improvements is unique to Avon and has created a stable Capital Projects Fund with adequate fund balances to continue with street resurfacing, facility replacements, and implementation of community projects identified in the Town’s Comprehensive Plan documents. Awards and Acknowledgements The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the Town of Avon for its annual comprehensive financial report (ACFR) for the fiscal year ended December 31, 2022. This was the fourteenth consecutive year that the Town has received this prestigious award. In order to be awarded a Certificate of Achievement, the Town published an easily readable and efficiently organized ACFR. This report satisfied both GAAP and applicable legal requirements. The preparation of this report could not have been possible without the efficient and dedicated services of the entire staff of the Finance Department. Each member of the department has my sincere appreciation for the contributions made in the preparation of this report. Due credit should also be given to the Mayor, Town Council, and Town Manager for their interest, support and leadership in planning and conducting the operations of the Town in a responsible and progressive manner. ix Preliminary Draft Letter of Transmittal Town of Avon, Colorado June 21, 2024 Respectfully Submitted, Paul Redmond Chief Finance Officer x Preliminary Draft 1/17/2024 Amy Phillips Mayor Town of Avon, Colorado Dear Amy: We are pleased to notify you that your annual comprehensive financial report for the fiscal year ended December 31, 2022 qualifies for GFOA's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement (AFRA) is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the Certificate. This award has been sent to the submitter as designated on the application. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and give appropriate publicity to this notable achievement. A sample news release is included to assist with this effort. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Michele Mark Levine Director, Technical Services xi Preliminary Draft Council Elected by Citizens - 7 Members Council appoints Mayor, Legal Counsel, Municipal Judge, Town Manager, Boards, Commissions and Committees Council serves as Local Liquor Authority, Board of Adjustments, and Board of Directors for Avon Urban Renewal Authority Town Attorney Municipal Prosecutor Special Legal Counsel TOWN MANAGER Oversees Departments and Personnel, Prepares Budget, Administers Contracts, Implements Policies and Projects as Directed by Council Municipal Judge Avon Citizens Home Rule Charter adopted and amended by Avon voters Planning & Zoning Commission (PZC) Culture, Arts & Special Events Committee (CASE) Finance Committee Health & Recreation Committee DEPARTMENTS General Government Municipal Court Building Inspections ORGANIZATIONAL CHART Community Development Public Works Recreation Police Planning Public Operations Engineering Mobility Fleet Maintenance Building & Facility Maintenance Admin Recreation Programs Admin Patrol Investigation Human Resources Risk Management Finance IT Admin & Council Support Marketing & Communications Town Clerk Sustainability Culture, Arts & Special Events xii Preliminary Draft McMahan and Associates, l.l.c. Certified Public Accountants and Consultants Web Site: www.mcmahancpa.com Chapel Square, Bldg C Main Office: (970) 845-8800 245 Chapel Place, Suite 300 Facsimile: (970) 845-8108 P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com Member: American Institute of Certified Public Accountants Paul J. Backes, CPA, CGMA Avon: (970) 845-8800 Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996 Matthew D. Miller, CPA Frisco: (970) 668-3481 M & A INDEPENDENT AUDITOR'S REPORT To the Honorable Mayor and Town Council Town of Avon, Colorado Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the Town of Avon, Colorado, Colorado (the “Town”), as of and for the year ended December 31, 2023, and the related notes to the financial statements, which collectively comprise the Town’s basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the Town as of December 31, 2023, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America (“U.S. GAAP”). Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America (“U.S. GAAS”) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report.We are required to be independent of the Town and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Emphasis of Matter –Change in Accounting Principle As discussed in Note 16 to the financial statements, the Town adopted Governmental Accounting Standards Board Statement No. 87, Leases. Our opinion is not modified with respect to this matter. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with U.S. GAAP; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Town’s ability to continue as a going concern for one year after the date that the financial statements are issued. 1 Preliminary Draft INDEPENDENT AUDITOR’S REPORT To the Town Council Town of Avon, Colorado Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with U.S. GAAS will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with U.S. GAAS, we: Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Town’s internal control. Accordingly, no such opinion is expressed. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Town’s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control–related matters that we identified during the audit. Required Supplementary Information U.S. GAAP require that Management’s Discussion and Analysis on pages 4 -17 and budgetary comparison information on pages 59 -61 be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context.We have applied certain limited procedures to the required supplementary information in accordance with U.S. GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. 2 Preliminary Draft INDEPENDENT AUDITOR’S REPORT To the Town Council Town of Avon, Colorado Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Town’s basic financial statements.The combining fund financial statements, individual fund budgetary information, the Local Highway Finance Report, and the Schedule of Expenditures of Federal Awards as required by Title 2,U.S. Code of Federal Regulations, Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards included in the Single Audit Section listed in the accompanying table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining fund financial statements, individual fund budgetary information, the Local Highway Finance Report, and the Schedule of Expenditures of Federal Awards included in the Single Audit Section listed in the accompanying table of contents are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with U.S. GAAS.In our opinion, the combining fund financial statements, individual fund budgetary information, the Local Highway Finance Report, the statistical section, and the Schedule of Expenditures of Federal Awards included in the Single Audit Section listed in the accompanying table of contents are fairly stated, in all material respects, in relation to the basic financial statements as a whole. Other Information Management is responsible for the other information included in the annual report. The other information comprises the introductory section and statistical section but does not include the basic financial statements and our auditor’s report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated on our consideration of the Town’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Town’s internal control over financial reporting and on compliance. McMahan and Associates, L.L.C. Avon, Colorado 3 Preliminary Draft Management’s Discussion and Analysis As management of the Town of Avon, we offer readers of the Town of Avon’s financial statements this narrative overview and analysis of the financial activities of the Town of Avon for the fiscal year ended December 31, 2023. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found in the introductory section of this report. Financial Highlights •The assets of the Town exceeded its liabilities and deferred inflows at the close of its fiscal year ended December 31, 2023 by $132,537,084 (net position). Of this amount, $45,861,390 is unrestricted and may be used to meet the Town’s ongoing obligations to citizens and creditors in accordance with the Town’s fund designation and fiscal policies as more fully described below. •The Town’s total net position increased by $8,271,867. •As of the close of the fiscal year, the Town’s governmental funds reported combined ending fund balances of $41,923,804, an increase of $3,984,797 from the prior year. Approximately 49.55 percent of this total amount, $20,774,068, is available for spending at the Town’s discretion (unassigned fund balance). •The unassigned fund balance for the General Fund was $20,774,068, or 94.68 percent of total General Fund expenditures and other financing uses. This represents a $1,563,428 increase, or 8.1 percent, from the prior year. •The Town of Avon’s long-term liabilities decreased by a net $1,687,611 during the current fiscal year. Regular principal payments were made on bonded debt of $1,547,175, capital leases of $91,260, and lease liabilities of $59,840. Overview of the Financial Statements This discussion and analysis are intended to serve as an introduction to the Town of Avon’s basic financial statements. The Town’s basic financial statements are comprised of three components: 1)government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains required supplementary information and other supplementary information in addition to the basic financial statements themselves. Government-wide financial statements. The government-wide financial statements are designed to provide readers with a broad overview of the Town of Avon’s finances, in a manner similar to a private sector business. The statement of net position presents information on all of the Town of Avon’s assets and liabilities, with the difference between the two reported as net position. Over time, increases or 4 Preliminary Draft decreases in net position may serve as a useful indicator of whether the financial position of the Town is improving or deteriorating. The statement of activities presents information showing how the Town’s net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., earned but unused compensated absences). Both of the government-wide financial statements distinguish functions of the Town of Avon that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the Town of Avon include general government, community development, public safety, public works and utilities, and recreation and culture. The business-type activities of the Town include mobility and fleet maintenance operations. The government-wide financial statements include not only the Town of Avon itself (known as the primary government), but also the Avon Urban Renewal Authority, a legally separate entity, which was established in August 2007 to undertake urban renewal plans and projects with the Town. All members of the governing body are Town Council members. For financial reporting purposes, AURA is blended into the Town’s financial statements and is reported as a major fund in the basic financial statements. The government-wide financial statements can be found on pages 19-21 of this report. Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The Town of Avon, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the Town can be divided into two categories: governmental funds and proprietary funds. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near- term inflow and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government’s near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the Town’s near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. 5 Preliminary Draft The Town of Avon maintains nine individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the General Fund, Avon Urban Renewal Authority Fund, Debt Service Fund and Capital Projects Fund, all of which are considered to be major funds. Data from the other five nonmajor governmental funds (Water Fund, Community Enhancement Fund, Affordable Housing Fund, Exterior Energy Offset Fund, and Disposable Paper Bag Fee Fund) are combined into a single, aggregate presentation. Individual fund data for each of these nonmajor governmental funds is provided in the form of combining statements elsewhere in this report. The basic governmental fund financial statements can be found on pages 22-25 of this report. Proprietary funds. The Town of Avon maintains two different types of proprietary funds. Enterprise funds are used to report the same function presented as business-type activities in the government-wide financial statements. The Town of Avon uses enterprise funds to account for its mobility operations and its fleet maintenance operations. Internal service funds are an accounting device used to accumulate and allocate costs internally among the Town’s various functions. The Town of Avon uses an internal service fund to account for the rental of vehicles and equipment to Town departments for the accumulation of funds for future replacement. Because this service predominately benefits governmental rather than business-type functions, it has been included within governmental activities in the government-wide financial statements. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the mobility fund and the fleet maintenance fund operations. Separate information is also provided for the Town’s internal service fund. The basic proprietary fund financial statements can be found on pages 26-31 of this report. Notes to the Financial Statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements can be found on pages 32-58 of this report. Required Supplemental Information. In addition to the basic financial statements and accompanying notes, this report also presents certain other required supplemental information. The Town of Avon adopts an annual appropriated budget for its General Fund and major special revenue fund. Budgetary comparison statements have been provided for the General Fund and the Avon Urban Renewal Authority Fund to demonstrate compliance with these budgets and can be found on pages 59-60 of this report. Other Supplemental Information. The combining statements referred to earlier in connection with nonmajor governmental funds are presented under other supplemental information immediately following the required supplemental information. Individual fund statements and schedules and other miscellaneous schedules can also be found in this section on pages 61-95 of this report. 6 Preliminary Draft Government-wide Financial Analysis As noted earlier, net position may serve over time as a useful indicator of a government’s financial position. In the case of the Town of Avon, assets and deferred outflows of resources exceeded liabilities and deferred inflows of resources by $132,537,084 as of December 31, 2023. The largest portion of the Town’s net position (70.9%) reflects its investment in capital assets (e.g., land, buildings, utilities, machinery and equipment, infrastructure, and right-to-use lease assets), net of any related debt used to acquire those assets that is still outstanding. The Town uses these assets to provide services to citizens, consequently, these assets are not available for future spending. Although the Town’s investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the Town’s net position (3.7%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position (32%) may be used to meet the Town’s ongoing obligations to citizens and creditors. Condensed Net Position Governmental Activities Business-type Activities Total Government 2023 2022 2023 2022 2023 2022 Current and Other Assets Restricted Assets Capital Assets, net Total Assets $ 59,033,397 423,144 79,525,175 138,981,716 $ 51,921.266 450,230 77,598,684 129,970,180 $ 2,429,762 - 14,801,206 17,230,968, $ 2,207,784 - 14,530,727 16,738,511 $ 61,463,159 423,144 94,326,381 156,212,684 $ 54,129,050 450,230 92,129,411 146,708,691 Deferred Outflow of Resources Other Liabilities Noncurrent Liabilities Total Liabilities Deferred Inflows of Resources 92,899 6,258,989 12,525,600 18,784,589 2,961,699 111,858 4,598,328 13,977,523 18,575,851 2,082,427 12,585 539,278 1,423,596 1,962,874 72,232 14,317 206,084 1,659,284 1,865,368 46,003 105,484 6,798,267 13,949,196 20,747,463 3,033,931 126,175 4,804,412 15,636,807 20,441,219 2,128,430 Net Position: Net Investment in Capital Assets Restricted Unrestricted Total Net Position 67,538,798 5,704,192 44,085,337 $117,328,327 64,269,372 4,743,590 40,410,798 $ 109,423,760 13,432,704 - 1,776,053 $ 15,208,757 12,946,887 - 1,894,570 $ 14,841,457 80,971,502 5,704,192 45,861,390 $132,537,084 77,216,259 4,743,590 42,305,368 $124,265,217 Analysis of the Town’s Operations Overall, the Town’s net position increased by $8,271,867 for 2023. Governmental activities increased net position by $7,904,567, while business-type activities increased net position by $367,300. The largest contributor to the overall increase was an increase in investment earnings from the previous year of $1.8 million. General Fund spending variances of $1.6 million, capital and operating grants for transit operations and bus purchases of $900,000, and positive capital project expenditure variances of $1.5 million. 7 Preliminary Draft Change in Net Position Governmental Activities Business-type Activities Total Government 2023 2022 2023 2022 2023 2022 REVENUES Program Revenues: Charges for Services Operating Grants and Contributions Capital Grants and Contributions General Revenues: Taxes: Property Taxes Real Estate Transfer Tax Sales and Accommodation Taxes Other Taxes Investment Earnings (Loss) Unrestricted Grants & Contributions Miscellaneous Total Revenues $ 2,818,254 1,204,555 - 4,001,831 6,529,287 16,419,000 2,554,707 2,338,345 1,376,087 1,585,596 38,827,662 $ 4,714,559 182,916 47,135 3,996,579 5,971,192 16,868,418 2,345,389 452,949 1,677,112 949,072 37,205,321 $ 2,143,269 400,563 838,719 46,696 - - - - - - 3,429,247 $ 1,989,517 431,912 1,576,477 46,707 - - - - - - 4,044,613 $ 4,961,523 1,605,118 838,719 4,048,527 6,529,287 16,419,000 2,554,707 2,338,345 1,376,087 1,585,596 42,256,909 $ 6,704,076 614,828 1,623,612 4,043,286 5,971,192 16,868,418 2,345,389 452,949 1,677,112 949,072 41,249,934 EXPENSES Program Activities: Governmental Activities: General Government Community Development Public Safety Public Works and Utilities Recreation Mobility Interest on Long-term Debt Business-type Activities: Mobility Fleet Maintenance Total Expenses 7,399,224 925,098 5,804,502 11,447,522 2,812,965 91,785 343,233 - - 28,824,329 6,028,279 658,989 4,792,423 9,094,216 2,196,340 88,266 380,278 - - 23,238,791 - - - - - - - 3,009,782 2,150,931 5,160,713 - - - - - - - 2,926,168 1,849,994 4,776,162 7,399,224 925,098 5,804,502 11,447,522 2,812,965 91,785 343,233 3,009,782 2,150,931 33,985,042 6,028,279 658,989 4,792,423 9,094,216 2,196,340 88,266 380,278 2,926,168 1,849,994 28,014,953 Excess (Deficiency) Before Contributions and Transfers Transfers Increase (Decrease) in Net Position Net Position, Beginning of Year Net Position, Ending 10,003,333 (2,098,766) 7,904,567 109,423,760 $117,328,327 13,966,530 (2,676,567) 11,289,963 98,133,797 $ 109,423,760 (1,731,466) 2,098,766 367,300 14,841,457 $15,208,757 (731,549) 2,676,567 1,945,018 12,896,439 $14,841,457 8,271,867 - 8,271,867 124,265,217 $ 132,537,084 13,234,981 - 12,234,981 111,030,236 $124,265,217 Expenses and Program Revenues – Governmental Activities $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 General Govt.Comm Dev Public Safety Public Works Recreation Interest Mobility Expenditures Revenues 8 Preliminary Draft Revenues by Source – Governmental Activities Business-type activities. Net position of business-type activities increased by $367,300 in 2023. Expenses and Program Revenues – Business-type Activities Property Taxes 10.18% RETT Taxes 16.42% Sales and Accommodation Taxes 41.29% Other Taxes 6.42% Charges for Services 7.09% Investment Earnings 5.88% Miscellaneous 3.99% Grants 3.46% Intergovernmental 5.28% $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 Mobility Fleet Maintenance Expenses Program Revenues 9 Preliminary Draft Revenues by Source – Business-type Activities Financial Analysis of the Town’s Funds The following schedule presents a summary of governmental fund revenues for the year ended December 31, 2023 and the amount and percentage of increases and decreases in relation to the prior year. Revenues 2023 Amount Percent of Total 2022 Amount Amount of Increase (Decrease) Percent Increase (Decrease) Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Earnings Other Revenues $29,504,825 638,122 1,817,431 2,818,254 44,705 2,190,478 669,842 78.30% 1.69% 4.82% 7.48% 0.12% 5.81% 1.78% $29,181,578 1,636,380 1,403,174 2,974,983 28,191 415,982 920,665 $ 323,247 (998,259) 414 257 (156,729) 16,514 1,774,496 (250,823) 1.11% (61.00%) 29.52% (5.27%) 58.58% 426.58% (27.24%) Total $37,683,658 100.00% $36,560,953 $ 1,122,705 Tax revenues increased by $323,247 from the prior year. Property tax collections increased minimally in 2023. Assessed values increased slightly from $234,872,120 in 2022 to $319,434,020 in 2023. The general operating mill rate for the Town remained the same at 8.956 mills. Property tax increment revenues from the Avon Urban Renewal Authority increased by $25,270 from the prior year due. Sales taxes decreased by $132,738 from the previous year and accommodation taxes decreased by $171,092. A short-term rental tax of 2% has been levied since January 1, 2022. Charges for Services 38.77% Grants 22.42% Property Taxes 0.84% Contributions and Transfers In 37.97% 10 Preliminary Draft For 2023 the total collections were $1,041,364. 2023 was the fifth year for the levy and collection of cigarette and tobacco taxes. Cigarette taxes, which are based on a $3 excise tax per pack sold, were up 3% from the prior year, or $6,215. Tobacco taxes, which are levied at a tax rate of 40%, increased by $25,203 or 7%. The Town also collects a 2% tax from all transfers of real property within the Town. These revenues are dedicated solely for capital improvement projects. Real estate transfer tax collections increased by 558,095 or 9.35% in 2023 after having dropped by 18.81% in 2022. The five-year average for real estate transfer taxes is now over $6.171 million per year. Investment earnings increased in 2023 by $1,774,496 to regular increases in interest rates by the federal reserve and much higher yields throughout the year. The following schedule presents a summary of governmental fund expenditures for the year ended December 31, 2023, and the amount and percentage of increases and decreases in relation to the prior year. Expenditures 2023 Amount Percent of Total 2022 Amount Amount of Increase (Decrease) Percent Increase (Decrease) Current: General Government Community Development Public Safety Public Works and Utilities Parks and Recreation Capital Improvements Debt Service: Principal Interest Fiscal Charges $ 7,086,072 949,715 5,516,773 8,259,626 2,450,098 5,063,521 1,421,365 340,382 6,620 22.79% 3.05% 17.74% 26.56% 7.88% 16.28% 4.57% 1.09% 0.02% $ 6,807,714 653,294 5,044,825 6,084,870 2,018,510 5,153,940 1,386,616 371,833 7,946 $ 278,358 296,421 471,948 2,174,756 431,588 (90,419) 34,749 (31,451) (1,326) 4.09% 45.37% 9.36% 35.74% 21.38% (1.75%) 2.51% (8.46%) (16.69%) Total $31,094,172 100.00% $27,529,548 $ 3,564,624 Overall, total governmental fund expenditures increased by a net amount of $3,564,624 in 2023. Many of the significant cuts that had been made the previous year were ultimately not necessary and many budget line items were returned for the 2023 budget. Personnel cost highlights include a merit-based overall salary cost increase of 5.0% at January 1 and a market rate salary range increase of 5% on July 1 at an estimated cost of $610,000. For 2023, new full-time positions included a special events coordinator. Capital improvement projects completed during the 2023 year include the Wildridge Emergency Warning Sign, Avon Recreation Center HVAC upgrades, Avon Recreation Center remodel of the Sauna and Steam, and the West Beaver Creek Boulevard resurfacing between US Highway 6 and Avon Elementary. In addition, a total of forty-five projects were included in Construction in Progress at the end of the fiscal year. At the end of the current fiscal year, the Town’s governmental funds reported combined ending fund balances of $41,923,804, an increase of $3,984,797 from the prior year. Of this total, $5,704,192 is restricted due to external limitations on its use such as legal restrictions, or intention 11 Preliminary Draft of grantors, donors, or trustees. A total of $15,085,836 for Capital Improvements, $224,901 for Exterior energy Offset Programs and $94,062 for Waste Reduction Programs have been committed or assigned meaning there are limitations resulting from its intended use, such as construction of capital assets, community housing, and for other purposes. The remaining $20,774,068 is unassigned and can be used for any lawful purpose. General Fund. The General Fund is the chief operating fund of the Town. At the end of the current fiscal year, the unassigned fund balance of the General Fund is $20,774,068, while total fund balance is $21,941,899. As a measure of the General Fund’s liquidity, it is useful to compare the unassigned fund balance and total fund balance to total fund expenditures and other financing uses. Unassigned fund balance represents 94.68% of total fund expenditures and other financing uses, while total fund balance represents 95.3% of that same amount. The fund balance of the General Fund increased by $1,630,044, or 8.02%, in 2023. This increase is due primarily to the increases in taxes, licenses and permits, and charges for services realized in 2023 compared to the prior year. The fund balance of the General Fund represents 86.8% of 2023 General Fund appropriations or the equivalent of almost 10 months of operations. The Town has felt it necessary to retain this level of fund balance because of its heavy reliance on sales tax revenues. The Town’s position as a resort community also places a heavy reliance upon several other factors including weather, the national economy, and tourism in general. The Town’s fund balance provides the resources necessary to be more adaptable to the short-term financial environment and limits the need for capital financing. Avon Urban Renewal Fund. At the end of the current fiscal year, the Avon Urban Renewal Fund had an ending fund balance of $285,495. This amount is restricted for use for urban renewal projects within the Town Center West Urban Renewal Plan Area. The fund transferred $1,000,000 to the Capital Projects Fund to be used for Tract G projects in the future. Fund balances increased by $108,448 in 2023 due to lower interest rate costs on tax increment revenue bonds from the bond refinancing in 2020. Debt Service Fund. The Debt Service Fund has a fund balance at the end of the fiscal year of $40,745, all of which is assigned for the payment of debt service. Fund balances increased by $4,803 in 2023 due to an increase in the investment earnings. Capital Projects Fund. The Capital Project Fund has an ending fund balance at the end of the fiscal year of $15,508,980, an increase of $1,490,206 from the prior year. Restricted fund balances represent escrowed monies for future asphalt repairs pursuant to a lawsuit settlement in the amount of $423,144. The remaining amount of $15,085,836 is committed entirely to capital improvement projects. Non-major Funds. The aggregate non-major funds have a combined fund balance of $4,146,685. The net increase in fund balance during the current fiscal year in the aggregate non-major funds was $751,296. This increase was due to receipts of community enhancement funds, water tap fees, 12 Preliminary Draft short-term rental taxes, and exterior energy offset fees that remained largely unspent by the end of the fiscal year. General Fund Budgetary Highlights Salary Cost Increases: In 2022 the Town transitioned from a step salary system to merit-based salary increases which will follow annual performance evaluations. The Town shifted performance evaluations from the anniversary of an employee’s hiring date to a unified schedule in the fall. This common schedule allows for training of directors and supervisors to conduct performance evaluations and the ability to include the cost of salary increase recommendations into the budget before final adoption in December of each year. Generally, the range will be 0-6 percent with the ability to consider increases above 6%. The 2023 budget provided for a merit-based salary increase of 5% in order to establish an adequate budget for salary adjustments. An additional 5% salary adjustment was provided for in order to remain competitive due to lagging behind the Town's peer communities in ending the COVID-19 based salary freezes. Equipment Replacement Fund. Staff has sought to eliminate “hold-over” vehicles wherever possible and formalize departmental vehicle need policies. The updating of fleet purchases includes requirements to consider vehicles which reduce greenhouse gas emissions. Hybrid vehicles and electric vehicles are budgeted for purchase in 2023 and 2024. Capital Assets and Debt Administration Capital assets. The Town of Avon’s investment in capital assets for its governmental and business-type activities as of December, 31, 2024, amounts to $94,261,949 (net of accumulated depreciation). This investment in capital assets includes land and land improvements, public art, water rights, deed restrictions, construction in progress, buildings, utilities, machinery and equipment, infrastructure, and right-to-use assets (see table below). The total increase in the Town’s investment in capital assets for the current fiscal year was 2.21% (a 2.27% increase for governmental activities and a 1.86% increase for business-type activities). Major capital assets events during the current fiscal year included the following: •Governmental-type asset additions total $11,340,820 in 2023. Business-type additions totaled $1,139,111. •Twenty-one projects began the year under Construction-in-Progress. Twenty-five projects were added during the year. Twenty-two of these projects were completed and capitalized at a total cost of $4,211,371. The ending balance at December 31, 2022 was $2,658,219. 13 Preliminary Draft •Capital improvement projects began and completed during the 2023 year included Avon Recreation Center remodel of the Sauna and Steam rooms, Culvert repairs, West Beaver Creek Blvd Asphalt overlay, and the Heat Recovery Controls Replacement. •In Business-type activities, a bus purchased in the Mobility Fund at a cost of $1,090,416 and electric car for $48,695. The Fleet Maintenance Fund did not purchase any vehicles in 2023 but disposed of a truck at a loss of $4,000. •In the Equipment Replacement Fund a total of $2,091,670 in equipment was capitalized including $354,359 in new recreation equipment, $1,504,371 in new various vehicles and $110,076 in other equipment which include a tractor and lawn mower. Town of Avon’s Capital Assets (net of depreciation) Governmental Activities Business-type Activities Total 2023 2022 2023 2022 2023 2022 Land Public Art Water Rights Deed Restrictions Construction in Progress Depreciable Land Improv. Buildings Utilities Mach. & Equip. Infrastructure Right-to-use Leased and Subscription Assets $ 11,953,790 1,391,400 1,792,959 2,675,450 2,658,219 281,624 16,901,779 2,012,050 4,920,195 34,696,383 241,325 $ 11,953,790 1,361,400 1,792,959 2,476,250 2,272,933 297,343 17,081,957 2,242,461 3,474,771 34,401,541 243,279 $ 411,834 - - - - 10,297,070 - 4,092,302 - - $ 411,834 - - - - 10,734,476 - 3,384,417 - - $12,365,624 1,391,400 1,792,959 2,675,450 2,658,219 281,624 27,198,849 2,242,461 9,012,497 34,401,541 241,325 $12,365,624 1,361,400 1,792,959 2,476,250 2,272,933 297,343 27,816,433 2,242,461 6,859,188 34,401,541 243,279 Total $79,525,174 $77,598,684 $14,801,206 $14,530,727 $94,261,949 $92,129,411 Additional information on the Town of Avon’s capital assets can be found in Note 4 on pages 44- 45 of this report. Long-term debt. At the end of the current fiscal year, the Town of Avon had total long-term debt outstanding in the amount of $12,790,123. Certificates of Participation which evidence assignments of proportionate interests in the right to receive payments pursuant to annually renewable lease agreements total $8,681,000. The remainder of the Town’s debt, $4,109,123 represents bonds secured solely by specified revenue sources (i.e. revenue bonds). Town of Avon’s Outstanding Debt Governmental Activities Business-type Activities Total 2023 2022 2023 2022 2023 2022 Revenue Bonds Certificates of Participation $ 4,109,123 7,380,000 $ 4,743,299 8,114,000 $ - 1,301,000 $ - 1,480,000 $ 4,109,123 8,681,000 $ 4,743,299 9,594,000 Total $11,489,123 $12,857,299 $ 1,301,000 $ 1,480,000 $12,790,123 $14,337,299 Regular principal payments were made on bonded debt of $1,547,176. No other new debt was issued in 2023. 14 Preliminary Draft The Avon Town Charter limits the amount of general obligation debt the Town may issue to 25% of assessed valuation of all taxable property within the Town, or $15 million, whichever is greater. The current legal debt margin for the Town is $79,858,505. The Town has no outstanding general obligation bonds outstanding as of December 31, 2023. Additional information on the Town’s long-term debt can be found in Note 5 on pages 48-21 of this report. Economic Factors and Next Year’s Budget and Rates 2024 Budget Highlights Salary Increases: The Town has transitioned from a step salary system to merit-based salary increases with annual performance evaluations. Performance evaluations are now given in a unified basis in late fall. This common schedule allows for training of directors and supervisors to conduct performance evaluations and the ability to include the cost of salary increase recommendations into the budget before final adoption in December of each year. The 2024 budget provides for an average 5% merit-based salary increase. Actual salary increases are determined on an individual basis based on the individual performance evaluation. The percentage increase is an overall budgetary amount that is estimated to cover the cumulative cost of all salary increases, not an indication of individual salary increases. Personnel Changes: Town Council supported new positions in 2023 that would increase staff resources in the following areas: •Special Events Coordinator: Position will focus on benchmarking and peer community research ensuring we are staying on top of trends, long term CASE strategic planning and new brand development for art/cultural/heritage activations. Community Housing: Currently in the Vail Valley there is a shortage of affordable housing for the local workforce. The Community Housing fund has budgeted for the planning of several affordable housing projects in Avon. They are also looking into a plan for a potential Eagle County Regional Housing Authority. Capital Improvements: The Capital Improvements Plan presents the projects staff believes is appropriate for maintenance of existing infrastructure and implementing projects identified by Council. The CIP fund balance for the next three years is very healthy with at least $3 million. Avon’s policy is to keep at least $1 million in the CIP fund balance, so that leaves $2 million not yet designated for Capital Projects. GENERAL FUND: General Fund appropriated revenues ($28,256,814) are estimated to exceed estimated expenditures ($28,039,059) by $217,755. Estimated beginning-of-year fund balances are $19,424,911 and end-of-year fund balances are projected at $19,642,666. The Town’s budgetary policies require setting aside fund balance reserves of 22% of expenditures for operations and 3% for TABOR emergencies. General Fund Revenues: Total tax revenues for 2024 are projected to increase for 2024. This is primarily due to the 40% increase in assessed values for property taxes. Investment earnings is projected to increase drastically as we continue to see good returns from our investments. All other revenues are projected to remain flat. 15 Preliminary Draft General Fund Expenditures: 2024 personnel cost highlights include a merit-based overall salary cost increase of 5% at January 1. As discussed above a new full-time Special Events Coordinator is expected for 2024 Overall personnel costs in the General Fund are budgeted to increase by 9.60% with full-time salaries and wages are increasing by 10.56% over the final revised 2023 budget. General Fund Reserves: Reserves remain stable in the 2023 budget with a 3% Emergency Reserve required by TABOR ($841,172); a 22% Minimum Operating Reserve per Budget Policies ($6,168,593), and a remaining Undesignated amount ($12,632,901), which results in a total fund balance of $19,642,666, a 3.29% decrease from the original 2023 budget. Requests for Information This financial report is designed to provide a general overview of the Town of Avon’s finances for all those with an interest in the Town’s fiscal management. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the Chief Finance Officer, Town of Avon, Colorado, PO Box 975, Avon, CO 81620. Paul Redmond Chief Finance Officer 16 Preliminary Draft TOWN OF AVON, COLORADO STATEMENT OF NET POSITION DECEMBER 31, 2023 Governmental Business-type Activities Activities Total ASSETS Cash and Cash Equivalents 25,238,305$ 524,594$ 25,762,899$ Investments 23,324,007 - 23,324,007 Receivables 10,354,784 1,222,503 11,577,287 Internal Balances 100,000 (100,000) - Prepaid Expenses 16,301 223,611 239,912 Inventory - 559,054 559,054 Restricted Assets - Cash and Cash Equivalents 423,144 - 423,144 Capital Assets Not Being Depreciated/Amortized 20,471,818 411,834 20,883,652 Capital Assets, Net of Accumulated Depreciation / Amortization 59,053,357 14,389,372 73,442,729 Total Assets 138,981,716 17,230,968 156,212,684 DEFERRED OUTFLOW OF RESOURCES Deferred Charge on Refunding of Debt 92,899 12,585 105,484 LIABILITIES Accounts Payable 1,548,048 467,578 2,015,626 Accrued Liabilities 494,578 70,184 564,762 Retainages Payable 59,701 - 59,701 Accrued Interest Payable 23,081 1,516 24,597 Deposits and Reserves 2,497,043 - 2,497,043 Unearned Revenues 1,636,538 - 1,636,538 Noncurrent Liabilities: Due Within One Year 2,106,412 258,880 2,365,292 Due In More Than One Year 10,419,188 1,164,716 11,583,904 Total Liabilities 18,784,589 1,962,874 20,747,463 DEFERRED INFLOWS OF RESOURCES Deferred Revenue - Property Taxes 2,961,699 72,232 3,033,931 NET POSITION Net Investment in Capital Assets 67,538,798 13,432,704 80,971,502 Restricted For: Emergencies 1,167,831 - 1,167,831 Capital Improvements 423,144 - 423,144 Urban Renewal 285,495 - 285,495 Purposes of Grantors 3,827,722 - 3,827,722 Unrestricted 44,085,337 1,776,053 45,861,390 Total Net Position 117,328,327$ 15,208,757$ 132,537,084$ The accompanying notes are an integral part of the financial statements. 17 Preliminary Draft TOWN OF AVON, COLORADO STATEMENT OF ACTIVITIES FOR THE YEAR ENDED DECEMBER 31, 2023 Operating Capital Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions Governmental Activities: General Government 7,399,224$ 81,956$ 521,728$ -$ Community Development 925,098 212,229 638,122 - Public Safety 5,804,502 32,033 44,705 - Public Works and Utilities 11,447,522 624,048 - - Recreation 2,812,965 1,867,988 - - Mobility 91,785 - - - Interest and Fiscal Charges on Long-term Debt 343,233 - - - Total Governmental Activities 28,824,329 2,818,254 1,204,555 - Business-type Activities: Mobility 3,009,782 213,257 386,913 838,719 Fleet Maintenance 2,150,931 1,930,012 13,650 - Total Business-type Activities 5,160,713 2,143,269 400,563 838,719 Total Primary Government 33,985,042$ 4,961,523$ 1,605,118$ 838,719$ General Revenues: Property Taxes Real Estate Transfer Taxes Sales and Accommodation Taxes Other Taxes Unrestricted Investment Earnings Grants and Contributions Not Restricted to Specific Programs Miscellaneous Transfers Total General Revenues and Transfers Increase (Decrease) in Net Position Net Position - Beginning of Year Net Position - End of Year The accompanying notes are an integral part of the financial statements. Program Revenues 18 Preliminary Draft Governmental Business-type Activities Activities Total (6,795,540)$ -$ (6,795,540)$ (74,747) - (74,747) (5,727,764) - (5,727,764) (10,823,474) - (10,823,474) (944,977) - (944,977) (91,785) - (91,785) (343,233) - (343,233) (24,801,520) - (24,801,520) - (1,570,893) (1,570,893) - (207,269) (207,269) - (1,778,162) (1,778,162) (24,801,520) (1,778,162) (26,579,682) 4,001,831 46,696 4,048,527 6,529,287 - 6,529,287 16,419,000 - 16,419,000 2,554,707 - 2,554,707 2,338,345 - 2,338,345 1,376,087 - 1,376,087 1,585,596 - 1,585,596 (2,098,766) 2,098,766 - 32,706,087 2,145,462 34,851,549 7,904,567 367,300 8,271,867 109,423,760 14,841,457 124,265,217 117,328,327$ 15,208,757$ 132,537,084$ Net (Expense) Revenue and Changes in Net Position 19 Preliminary Draft TOWN OF AVON, COLORADO BALANCE SHEET GOVERNMENTAL FUNDS DECEMBER 31, 2023 Avon Urban Debt Capital General Renewal Service Projects Fund Fund Fund Fund ASSETS Cash and Cash Equivalents 13,906,460$ 267,893$ 40,745$ 5,288,030$ Investments 9,215,132 - - 10,906,890 Receivables: - Interest 15,896 - - 15,309 - Taxes 5,808,474 - - 624,987 - Accounts - - - - - Intergovernmental 54,840 1,958 - 39,295 - Employees 56 - - - Deferred Expense 657 15,644 - - Due from Other Funds 100,000 - - - Restricted Assets - Cash and Cash Equivalents - - - 423,144 Total Assets 29,101,515$ 285,495$ 40,745$ 17,297,655$ LIABILITIES Accounts Payable 1,207,596$ -$ -$ 92,436$ Accrued Liabilities 494,578 - - - Retainages Payable - - - 59,701 Unearned Revenue - - - 1,636,538 Deposits and Reserves 2,495,743 - - - Total Liabilities 4,197,917 - - 1,788,675 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue - Property Taxes 2,961,699 - - - Total Deferred Inflows of Resources 2,961,699 - - - FUND BALANCES Restricted For: Emergencies 1,167,831 - - - Water Projects - - - - Community Enhancement - - - - Community Housing - - - - Capital Improvements - - - 423,144 Urban Renewal Projects - 285,495 - - Committed For: Capital Improvements - - - 15,085,836 Exterior Energy Offset Programs - - - - Waste Reduction Programs - - - - Assigned For: Debt Service - - 40,745 - Unassigned 20,774,068 - - - Total Fund Balances 21,941,899 285,495 40,745 15,508,980 Total Liabilities, Deferred Inflows of Resources, and Fund Balances 29,101,515$ 285,495$ 40,745$ 17,297,655$ The accompanying notes are an integral part of the financial statements. 20 Preliminary Draft RECONCILIATION OF TOTAL GOVERNMENTAL FUND BALANCE TO NET POSITION OF GOVERNMENTAL ACTIVITIES DECEMBER 31, 2023 Other Governmental Funds Total 3,890,691$ 23,393,819$ Total Governmental Fund Balances 41,923,804$ - 20,122,022 Amounts reported for governmental activities in the - 31,205 Statement of Net Position are different because: - 6,433,461 180,557 180,557 Capital assets used in governmental activities are not financial 91,103 187,196 resources and therefore are not reported as an asset in the - 56 governmental funds. - 16,301 - Capital assets 155,668,603 - 100,000 - Accumulated depreciation / amortization (81,063,624) - 423,144 74,604,979 4,162,351$ 50,887,761$ Some liabilities, including bonds, notes and leases payable, and compensated absences are not due and payable in the current period and therefore are not reported as liabilities in the governmental funds. 14,366$ 1,314,398$ - Tax Increment Revenue Bonds payable (4,109,123) - 494,578 - Certificates of Participation payable (7,380,000) - 59,701 - Lease liability (232,469) - 1,636,538 - Unamortized bond premium (210,344) 1,300 2,497,043 - Compensated absences payable (539,222) (12,471,158) 15,666 6,002,258 Long-term receivables which are not available to pay for current period expenditures and are not reported in the governmental funds.3,522,309 - 2,961,699 Deferred outflows of resources are not available to pay for current period - 2,961,699 expenditures and therefore are deferred in the funds. - Deferred Charge on Refunding of Debt 92,899 Accrued interest payable is recognized for governmental activities - 1,167,831 but is not due and payable in the current period and therefore is not 348,877 348,877 reported as a liability in the governmental funds.(23,081) 430,706 430,706 3,048,139 3,048,139 The internal service fund is used by management to charge the rental - 423,144 cost of certain vehicles and equipment to individual funds. The assets - 285,495 and liabilities of the internal service fund is included in governmental activities in the statement of net position.9,678,575 - 15,085,836 224,901 224,901 Net Position of Governmental Activities 117,328,327$ 94,062 94,062 - 40,745 - 20,774,068 4,146,685 41,923,804 4,162,351$ 50,887,761$ 21 Preliminary Draft TOWN OF AVON, COLORADO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE YEAR ENDED DECEMBER 31, 2023 Avon Urban Debt Capital General Renewal Service Projects Fund Fund Fund Fund Revenues Taxes 20,021,772$ 1,912,402$ -$ 6,529,287$ Licenses and Permits 601,671 - - - Intergovernmental 1,215,554 - - 601,877 Charges for Services 2,082,768 - - - Fines and Forfeitures 44,705 - - - Investment Earnings 1,760,550 2,385 4,873 422,670 Other Revenues 524,639 - - 4,969 Total Revenues 26,251,659 1,914,787 4,873 7,558,803 Expenditures Current: General Government 6,682,849 56,903 - - Community Development 925,883 - - Public Safety 5,516,773 - - - Public Works and Utilities 8,146,485 - - - Recreation 2,450,098 - - - Capital Improvements - - - 4,818,789 Debt Service: Principal - 639,810 734,000 53,190 Interest - 109,226 222,992 2,529 Fiscal Charges - 400 6,220 - Total Expenditures 23,722,088 806,339 963,212 4,874,508 Excess (Deficiency) of Revenues Over (Under) Expenditures 2,529,571 1,108,448 (958,339) 2,684,295 Other Financing Sources (Uses) Lease Proceeds - - - - Transfers In 600,473 - 963,142 2,209,085 Transfers Out (1,500,000) (1,000,000) - (3,403,174) Total Other Financing Sources (Uses)(899,527) (1,000,000) 963,142 (1,194,089) Net Change in Fund Balances 1,630,044 108,448 4,803 1,490,206 Fund Balances, Beginning of Year 20,311,855 177,047 35,942 14,018,774 Fund Balances, End of year 21,941,899$ 285,495$ 40,745$ 15,508,980$ 22 Preliminary Draft RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED DECEMBER 31, 2023 Other Net change in fund balances - Total Governmental Funds 3,984,797$ Governmental Funds Total Amounts reported for governmental activities in the Statement of Activities are different because: 1,041,364$ 29,504,825$ 36,451 638,122 Governmental funds report capital outlays as expenditures. However, - 1,817,431 for governmental activities, those capital outlays other than 735,486 2,818,254 noncapitalizable items are shown in the Statement of Activities and the - 44,705 cost of those assets is allocated over their estimated useful lives and - 2,190,478 reported as depreciation expense: 140,234 669,842 - Capital outlay 4,854,843 - Depreciation / Amortization (4,373,417) 1,953,535 37,683,657 481,426 Expenses reported in the Statement of Activities that do not require the use of current financial resources are not reported as expenditures 346,320 7,086,072 in governmental funds. 23,832 949,715 - Change in compensated absences payable 15,949 - 5,516,773 - Change in accrued interest payable 7,977 113,141 8,259,626 - Amortization of bond premium 14,391 - 2,450,098 - Amortization of deferred charge on refunding (18,959) 244,732 5,063,521 19,358 - 1,427,000 The issuance of long-term debt provides current financial resources to - 334,747 governmental funds, while the repayment of principal of long-term debt - 6,620 consumes the current financial resouces of governmental funds. Neither transaction has any effect on net position. 728,025 31,094,172 - Proceeds from Lease Issuances (101,475) - Repayment of Tax Increment Revenue Bonds 634,175 - Repayment of Certificates of Participation 734,000 1,225,510 6,589,485 - Repayment of Lease liability 98,533 1,365,233 - - The internal service fund is used by management to charge the rental 734,871 4,507,571 cost of certain vehicles and equipment to individual funds. The (1,209,085) (7,112,259) decrease in net position of the internal service fund is included in governmental activities.2,053,753 (474,214) (2,604,688) Change in Net Positon of Governmental Activities 7,904,567$ 751,296 3,984,797 3,395,389 37,939,007 4,146,685$ 41,923,804$ 23 Preliminary Draft TOWN OF AVON, COLORADO STATEMENT OF NET POSITION PROPRIETARY FUNDS DECEMBER 31, 2023 Governmental Fleet Activities - Mobility Maintenance Internal Fund Fund Totals Service Fund ASSETS Current Assets: Cash and Cash Equivalents 154,895$ 369,699$ 524,594$ 1,844,486$ Investments - - - 3,201,985 Receivables: - Taxes 72,232 - 72,232 - - Accounts - - - - - Intergovernmental 869,078 281,193 1,150,271 - Due from Other Funds - - - - Deferred Expense 223,611 - 223,611 - Inventory - 559,054 559,054 - Total Current Assets 1,319,816 1,209,946 2,529,762 5,046,471 Noncurrent Assets: Capital Assets: - Land 281,450 130,384 411,834 - - Buildings 11,720,946 5,639,286 17,360,232 - - Machinery and Equipment 6,858,368 314,836 7,173,204 9,610,738 - Accumulated Depreciation (6,337,047) (3,807,017) (10,144,064) (4,690,543) Total Noncurrent Assets 12,523,717 2,277,489 14,801,206 4,920,195 Total Assets 13,843,533 3,487,435 17,330,968 9,966,666 DEFERRED OUTFLOW OF RESOURCES Deferred Charge on Refunding of Debt - 12,585 12,585 - Total Deferred Outflow of Resources - 12,585 12,585 - The accompanying notes are an integral part of the financial statements. Business-Type Activities - Enterprise Funds 24 Preliminary Draft Governmental Fleet Activities - Mobility Maintenance Internal Fund Fund Totals Service Fund LIABILITIES Current Liabilities: Accounts Payable 293,158 174,420 467,578 233,650 Accrued Liabilities 40,703 29,171 69,874 - Accrued Interest Payable - 1,516 1,516 - Compensated Absences Payable 17,006 25,503 42,509 - Due to Other Funds - 100,000 100,000 - Certificates of Participation - Current - 177,000 177,000 - Capital Leases Payable - Current 39,371 - 39,371 54,441 Total Current Liabilities 390,238 507,610 897,848 288,091 Noncurrent Liabilities: Certificates of Participation - 1,124,000 1,124,000 - Capital Leases Payable 40,716 - 40,716 - Total Noncurrent Liabilities 40,716 1,124,000 1,164,716 - Total Liabilities 430,954 1,631,610 2,062,564 288,091 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue - Property Taxes 72,232 - 72,232 - Total Deferred Inflows of Resources 72,232 - 72,232 - NET POSITION Net Investment in Capital Assets 12,443,630 989,074 13,432,704 3,000,404 Unrestricted 896,717 879,336 1,776,053 6,678,171 Total Net Position 13,340,347$ 1,868,410$ 15,208,757$ 9,678,575$ Business-Type Activities - Enterprise Funds 25 Preliminary Draft TOWN OF AVON, COLORADO STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION PROPRIETARY FUNDS FOR THE YEAR ENDED DECEMBER 31, 2023 Governmental Fleet Activities - Mobility Maintenance Internal Fund Fund Totals Service Fund Operating Revenues: Charges for Services 213,257$ 1,930,012$ 2,143,269$ 1,223,835$ Other Operating Revenues 102,130 13,650 115,780 21,073 Total Operating Revenues 315,387 1,943,662 2,259,049 1,244,908 Operating Expenses: Cost of Operations 2,290,366 1,978,089 4,268,455 31,494 Depreciation and Amortization 710,724 148,907 859,631 788,515 Total Operating Expenses 3,001,090 2,126,996 5,128,086 820,009 Operating Income (Loss)(2,685,703) (183,334) (2,869,037) 424,899 Nonoperating Revenues (Expenses): Taxes 46,696 - 46,696 - Operating Grants 284,783 - 284,783 - Capital Grants 838,719 - 838,719 - Investment Earnings - - - 147,867 Gain (Loss) on Disposal of Capital Assets (5,000) (4,000) (9,000) 80,384 Interest Expense (3,692) (19,935) (23,627) - Total Nonoperating Revenues (Expenses)1,161,506 (23,935) 1,137,571 228,251 Income (Loss) Before Contributions and Transfers (1,524,197) (207,269) (1,731,466) 653,150 Capital Contributions and Transfers Contributed Capital In (Out)- - - 894,681 Transfers In (Out)1,500,000 598,766 2,098,766 505,922 Total Capital Contributions and Transfers 1,500,000 598,766 2,098,766 1,400,603 Change in Net Position (24,197) 391,497 367,300 2,053,753 Net Position, Beginning of Year 13,364,544 1,476,913 14,841,457 7,624,822 Net Position, End of Year 13,340,347$ 1,868,410$ 15,208,757$ 9,678,575$ The accompanying notes are an integral part of the financial statements. Business-Type Activities - Enterprise Funds 26 Preliminary Draft iv THIS PAGE INTENTIONALLY LEFT BLANK 27 Preliminary Draft TOWN OF AVON, COLORADO STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE YEAR ENDED DECEMBER 31, 2023 Governmental Fleet Activities - Mobility Maintenance Internal Fund Fund Totals Service Fund Cash Flows From Operating Activities Cash Received from Customers and Users 213,257$ 1,170,245$ 1,383,502$ -$ Cash Received from Interfund Services Provided - 738,847 738,847 1,223,835 Cash Payments to Suppliers (628,223) (906,375) (1,534,598) (31,494) Cash Payments to Employees (1,106,728) (982,923) (2,089,651) - Cash Payments for Interfund Services Used (387,919) (27,310) (415,229) - Other Operating Revenues 102,130 13,650 115,780 21,073 Net Cash Provided by (Used in) Operating Activities (1,807,483) 6,134 (1,801,349) 1,213,414 Cash Flows From Noncapital Financing Activities Taxes Received 46,696 - 46,696 - Grants Received 384,783 - 384,783 - Transfers In (Out) from Other Funds 1,550,000 548,766 2,098,766 505,922 Net Cash Provided by Noncapital Financing Activities 1,981,479 548,766 2,530,245 505,922 Cash Flows From Capital Financing Activities Acquisition and Construction of Capital Assets (1,139,110) - (1,139,110) (407,260) Sales of Capital Assets - - 109,568 Interest Paid on Long-term Debt (3,692) (18,204) (21,896) - Principal Paid on Long-term Debt (38,070) (179,000) (217,070) - Net Cash Used in Capital Financing Activities (1,180,872) (197,204) (1,378,076) (297,692) Cash Flows From Investing Activities Acquisition Net of Maturities - - - (946,939) Investment Earnings - - - 147,867 Net Cash Used in Investing Activities - - - (799,072) Net Increase (Decrease) in Cash and Cash Equivalents (1,006,876) 357,696 (649,180) 622,572 Cash and Cash Equivalents, Beginning of Year 1,161,771 12,003 1,173,774 1,221,914 Cash and Cash Equivalents, End of Year 154,895$ 369,699$ 524,594$ 1,844,486$ The accompanying notes are an integral part of the financial statements. Business-Type Activities - Enterprise Funds 28 Preliminary Draft Governmental Fleet Activities - Mobility Maintenance Internal Fund Fund Totals Service Fund RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED BY (USED IN) OPERATING ACTIVITIES Operating Income (Loss)(2,685,703)$ (183,334)$ (2,869,037)$ 424,899$ Adjustments to Reconcile Operating Loss to Net Cash Provided by (Used in) Operating Activities Depreciation and Amortization 710,724 148,907 859,631 788,515 Change in Assets and Liabilities: (Increase) Decrease in Accounts Receivable - - - (Increase) Decrease in Intergov. Receivable - (20,920) (20,920) - ( Increase) Decrease in Deferred Expense (55,437) - (55,437) - (Increase) Decrease in Inventory - (29,853) (29,853) - Increase (Decrease) in Accounts Payable 226,296 98,131 324,427 - Increase (Decrease) in Accrued Liabilities 3,699 4,759 8,458 - Increase (Decrease) in Compensated Absences (7,062) (11,556) (18,618) - Total Adjustments 878,220 189,468 1,067,688 788,515 Net Cash Provided by (Used in) Operating Activities (1,807,483)$ 6,134$ (1,801,349)$ 1,213,414$ NONCASH INVESTING, CAPITAL AND FINANCING ACTIVITIES Noncash Transactions Affecting Financial Position Contributions of Capital Assets from Governmental Activities -$ -$ -$ 841,490$ Contributions of Capital Assets to Governmental Activities - - - - Capital Assets Disposed - - - (46,166) Principal on Capital Leases Paid from Governmental Activities - - - 53,191 -$ -$ -$ 848,515$ Business-Type Activities - Enterprise Funds 29 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 The financial statements of the Town of Avon have been prepared in conformity with generally accepted accounting principles (“GAAP”) as applied to governmental entities. The Governmental Accounting Standards Board (“GASB”) is the accepted standard-setting board for establishing governmental accounting and financial reporting principles. The following notes are an integral part of the Town’s Annual Financial Report. Note 1. Summary of Significant Accounting Policies A. Financial Reporting Entity Primary Government. The Town of Avon, Colorado, was incorporated as a Town on April 24, 1978. On June 13, 1978, the citizenry voted to become a Home Rule City, as authorized by Article 20 of the Colorado State Constitution. The Town operates under a Council- Manager form of government and provides the following services as authorized by its charter: public safety, highways and streets, culture-recreation, public improvements, community development, planning and zoning, transportation, and general administrative services. As required by generally accepted accounting principles, these financial statements present the Town of Avon (the primary government) and its component unit for which the Town is considered financially accountable. Financial accountability exists if the Town appoints a voting majority of an organization’s governing board and is able to impose its will on the organization, or if the organization provided benefits to, or imposes financi al burdens upon the Town. Blended component units, although legally separate entities, are, in substance, part of the Town’s operations, so data from these units are combined with data of the Town. The Town’s blended component units are – Avon Urban Renewal Authority – The Avon Urban Renewal Authority (AURA) was created pursuant to Urban Renewal Law of the State of Colorado on June 26, 2007 by Town Resolution No. 07-20 for the purpose of undertaking certain urban renewal activities within the Town. The boundaries of the AURA are coterminous with the boundaries of the Town. The bylaws of the AURA provide that the members of the Avon Town Council shall constitute the Commissioners of the AURA and the Town Manager serves as the Executive Director and Secretary. While the AURA is a separate legal entity, for financial reporting purposes it is blended with the Town’s financial statements and is reported in a special revenue fund as a blended component unit. The Town has a “moral obligation” for the repayment of urban renewal authority bonds. The Town accounts for the collection of tax increment property tax revenues and maintains all accounting records. A separate budget is adopted by the AURA Commissioners. Avon General Improvement District No. 1 – The Town of Avon General Improvement District No. 1 was organized on August 28, 2007, by adoption of Ordinance No. 07-07. The services to be provided within and for the District include transportation and recreation services and include the property known as Lots 1 and 2 of the final plat of the Chateau St. Claire 30 Preliminary Draft subdivision, now commonly known as the Ascent. The members of the Avon Town Council constitute the Board of the District. The District levies a property tax to be used for transportation operations. Because the governing body of the District is substantively the same as the Town and there is a financial benefit between the District and the Town, for financial reporting purposes the District is blended into the Town’s financial statements and is reported in the Mobility enterprise fund as a blended component unit. Separate budgets and financial statements of the District are not adopted or issued. B. Government-wide and Fund Financial Statements Government-wide Financial Statements. The government-wide financial statements (i.e. the Statement of Net Position and the Statement of Activities) report information on all non- fiduciary activities of the Town (the primary government) and its component units. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which primarily rely on fees and charges for support. Generally, interfund activity has been eliminated from the government-wide financial statements except for interfund services provided and used. The Statement of Activities demonstrates the degree to which the direct expenses of a given function or business segment are offset by program revenues and helps identify the extent to which each is self-financing or draws from the general revenues of the Town. Direct expenses are those that are clearly identifiable with a specific function or business segment. Program revenues include 1) charges to customers who purchase, use, or directly benefit from goods, services, or privileges provided by a given function and, 2) grants and contributions that are restricted to meeting the operational or capital requirements of a function or business segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Fund Financial Statements. Fund financial statements report detailed information about the Town with the focus on major funds rather than on reporting funds by type. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Nonmajor funds are aggregated and presented in a single column. The internal service fund is presented in a single column on the face of the proprietary fund statements. C. Measurement Focus, Basis of Accounting and Financial Statement Presentation Measurement Focus and Basis of Accounting. The government-wide financial statements have been prepared using the economic resources measurement focus and the accrual basis of accounting. This is the same approach used in the preparation of the proprietary fund financial statements. Revenues are recognized when earned and expenses are recognized when the liability is incurred regardless of the timing of related cash flows. Depreciation is computed and recorded as an operating expense. Expenditures for property, plant and equipment are 31 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 shown as increases in assets and redemption of bonds and notes are recorded as a reduction in liabilities. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenue is recorded when susceptible to accrual, i.e., both measurable and available. Available means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period (60 days). The major sources of revenue which are susceptible to accrual are property taxes, accommodations and sales taxes, and certain intergovernmental revenues. Expenditures generally are recorded when the liability is incurred, as under full accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Financial Statement Presentation – Fund Accounting. A fund is defined as a fiscal and accounting entity with a self-balancing set of accounts which are segregated for the purpose of accounting for specific activities. The Town uses funds to report results of operations and financial position, and demonstrate compliance with legal, contractual and regulatory requirements. The Town’s funds are classified into two broad fund categories and six generic fund types for financial reporting purposes: Governmental funds include the general, special revenue, debt service, and capital projects funds. Proprietary funds include enterprise funds and an internal service fund. The Town’s major governmental funds are: • General Fund – This is the Town’s primary operating fund. It is used to account for all activities of the Town not required to be accounted for in some other fund. • Avon Urban Renewal Fund – This fund is used to account for the receipt of tax increment revenues and the activities of redevelopment that are undertaken by the Avon Urban Renewal Authority, including issuing debt and constructing public improvements. • Debt Service Fund – This fund is used to account for the accumulation of resources and payment of principal and interest on the Town’s general obligation and sales tax revenue bonds. • Capital Projects Fund – This fund is used to account for the acquisition and construction of major capital facilities other than those financed by proprietary funds. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenues of all the Town’s enterprise and internal service funds are charges to customers for sales and services. Operating expenses for enterprise and internal service funds include the cost of sales and services, administrative expenses, and depreciation on 32 Preliminary Draft capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. The Town’s major proprietary funds are: • Mobility Fund – This fund is used to account for the activities involved in operating the Town’s transportation system. • Fleet Maintenance Fund – This fund is used to account for the accumulation and allocation of costs associated with the maintenance of vehicles and rolling stock for the Town and certain other third-party governmental entities. The Town’s only internal service fund is the Equipment Replacement Fund. This fund is used to account for the rental of certain vehicles and equipment to other departments for the accumulation of funds for future replacement. D. Budget Information Budgets are adopted on a basis consistent with generally accepted accounting principles for all funds, except for proprietary funds which are budgeted on the modified accrual basis of accounting. According to the Town’s Charter, all appropriations except for capital projects or special revenue funds lapse at fiscal year-end. However, as a matter of practice, the Town adopts annual budgets for all funds. During the year, changes may be made to budgets by adoption of supplemental amendments by resolution of the Town Council. E. Assets, Liabilities, and Deferred Outflow/Inflows of Resources Cash, Cash Equivalents, and Investments. The Town concentrates the cash resources of its various funds to facilitate the management of cash. The balance in this concentration account is available to meet the Town’s current operating requirements. Cash resources more than current requirements are invested in various interest-bearing securities and disclosed as part of the Town’s investments. Cash and cash equivalents include amounts in demand deposits as well as short-term investments with a maturity date within 3 months of the date acquired by the Town. Town Charter and Colorado State statutes authorize the Town to invest its excess funds in direct U.S. Government treasury and agency securities, bonds and other obligations of states and political subdivisions, corporate bonds, and local government investment pools. Investments are stated at fair value. The change in fair value of investments is recognized as an increase or decrease to investment assets and investment income. Inventories. Inventories are valued at cost using the first-in/first-out (FIFO) method. The costs of any governmental fund inventories are recorded as expenditures when consumed rather than when purchased. 33 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 Restricted Assets. Restricted assets in the amount of $423,144 are reported in the Capital Projects Fund. This consists of an escrow account with FirstBank for accumulating funds for asphalt overlay in the Village at Avon pursuant to the Town’s lawsuit settlement agreement with Traer Creek Metropolitan District and the developer. When both restricted and unrestricted resources are available for use, it is the Town’s policy to use unrestricted resources first, then restricted, as they are needed. Capital Assets. Capital assets, which include property, plant, equipment, and infrastructure assets are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. It is the Town’s policy to capitalize expenditures with a cost greater than $5,000 and an estimated useful life of more than one year. All purchased capital assets are stated at cost or estimated historical cost if actual historical records are not available. Donated capital assets and donated works of art and similar items are recorded at acquisition value at the date of contribution. Major outlays for capital improvement projects are capitalized as projects are completed. Land, public art, water rights, deed restrictions and construction in progress are not depreciated/amortized. Infrastructure consists of streets and roads, bridges, storm drainage, water rights and storage, heat recovery system, irrigation ditches, bike paths, and public parking. The costs of normal maintenance and repair that do not add to the value of the asset or extend the estimated useful life are not capitalized but charged to operations as incurred. Depreciation of property, plant and equipment is computed using the straight-line method over the following estimated useful lives: Buildings 10-50 years Utilities 10-50 years Machinery and Equipment 3-15 years Infrastructure 10-100 years Right-to-Use Leased and Subscription Assets 3-6 years Deferred Outflow/Inflows of Resources. Deferred outflows of resources represent a consumption of net assets that applies to future periods that will not be recognized as an outflow of the resources (expenditure) until the future period. At the end of the current fiscal year, the Town had a deferred outflow of resources for unamortized deferred refunding losses. In the government-wide and proprietary funds statement of net position deferred charge on refunding of debt is the result of the difference between the carrying value of refunded debt and its reacquisition price. This amount is deferred and amortized over the life of the refunding bonds. Deferred inflows of resources represent an acquisition of net assets that applies to future periods that will not be recognized as an inflow of resources (revenue) until that time. The Town has one item that qualifies for reporting in this category: unavailable revenue. 34 Preliminary Draft Unavailable revenue is reported in the government-wide and proprietary fund statement of net position and in the governmental funds balance sheet. The Town reports unavailable revenue from one source: property taxes: unavailable revenue – property taxes is reported in the government-wide and proprietary funds statement of net position and in the governmental funds balance sheet. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. Deferred outflows of resources are presented below the total assets on the government-wide, proprietary, and governmental fund statements. Deferred inflows of resources are presented below the total liabilities on the government-wide, proprietary, and governmental fund statements. Long-term Obligations. In the government-wide and proprietary fund statement of net position long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the life of the bonds using the straight-line method, which approximates the interest method. Bonds payable are reported net of the applicable bond premium or discount. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt i ssuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds are reported as debt service expenditures. F. Property Taxes Property taxes are levied by the Town Council. The levy is based on the assessed valuation of property located within the Town as determined by the County Assessor generally as of January 1 of each year. The levy is normally set by December 15 by certification to the County Commissioners. The County Treasurer collects the property taxes during the ensuing calendar year and remits the taxes collected to the Town on a monthly basis. Property taxes are payable in full by April 30, or if in two equal installments, by February 28 and June 15. Delinquent taxpayers are notified in August and generally sales of the tax liens on delinquent properties are held in November or December. Property taxes, net of estimated uncollectible taxes, are recorded as receivable in the year levied and offset to deferred inflows of resources as unavailable revenue since they typically do not meet the availability criterion. G. Compensated Absences It is the Town’s policy to permit employees to accumulate earned but unused personal time off (a combination of vacation and holidays) and sick pay benefits. There is no liability for 35 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 unpaid accumulated sick leave since the Town’s policy is to not pay for accumulated sick leave when employees separate from service. The liability for compensated absences is recorded as a non-current liability in the government-wide financial statements. The current portion of this debt is estimated based on historical trends. In the fund financial statements, governmental funds report a compensated liability payable only if it has matured, for example, as a result of employee resignations and retirements, while the proprietary funds report the liability as it is incurred. Within the governmental funds, the General Fund typically is used to liquidate any liabilities for compensated absences. H. Fund Equity The following fund balance classifications describe the relative strength of the spending constraints placed on the purposes for which resources can be used: • Nonspendable fund balance – amounts that are not in a spendable form (such as inventory or prepaid charges) or are required to be maintained intact; • Restricted fund balance – amounts constrained to specific purposes by their providers (such as grantors, bondholders, and higher levels of government), through constitutional provisions, or by enabling legislation; • Committed fund balance – amounts constrained to specific purposes by a government itself, using its highest level of decision-making authority. In Avon’s case this is an ordinance adopted by the Town Council. To be reported as committed, amounts cannot be used for any other purpose unless the government takes the same highest-level action to remove or change the constraint; • Assigned fund balance – amounts a government intends to use for a specific purpose; intent can be expressed by the governing body or an official or body to which the governing body delegates the authority. As a general rule, assigned fund balances are established through the budget adoption process by the Town Council. • Unassigned fund balance – amounts that are available for any purpose; positive amounts are reported only in the general fund. The Town establishes (and modifies or rescinds) fund balance commitments by passage of an ordinance. A fund balance commitment is further indicated in the budget document as a designation or commitment of the fund. Assigned fund balance is established by the Town Council through adoption or amendment of the budget as intended for a specific purpose (such as the purchase of capital assets, construction, debt service, or other purposes). When fund balance resources are available for a specific purpose in more than one classification, it is the Town’s policy to use the most restrictive funds first in the following order: restricted, committed, assigned, and unassigned as they are needed. The Town considers all unassigned fund balances to be “reserves” for future operations or capital replacement as defined within Article X, Section 20 of the Constitution of the State of Colorado (see Note 10). 36 Preliminary Draft I. Statements of Cash Flows For purposes of the statement of cash flows, the Town considers all highly liquid investments with a maturity when purchased of three months or less and all local government investment pools to be cash equivalents. J. Debt Costs Unamortized premiums of $210,344 are reflected in noncurrent liabilities. Premiums are amortized over the remaining lives of the related debt issues using the effective interest method. Note 2. Legal Compliance – Budgets No later than October 15th, the Town Manager submits to the Mayor and Town Council a proposed budget for the calendar year commencing the following January 1st. The budget is prepared by fund, department, program and project and includes information on the prior year, current estimates and requested appropriations and estimated revenues for the upcoming year. The Town Council holds public hearings and may change appropriations except for expenditures required by law for debt service or for estimated cash deficits. No change to the budget may increase the authorized expenditures to any amount greater than the total amount of funds available. The Town Council must adopt the budget by resolution prior to December 15th. Once adopted, the Town Council may at any time, by resolution, amend the budget. In addition, the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department. A department is defined by the Town as a distinct, principal, or specialized division (e.g., the Department of Public Works). Expenditures may not legally exceed budgeted appropriations at the fund level. Budgetary comparisons in the accompanying combined financial statements and in the individual fund statements are presented at a lower-than-required level of control to facilitate detailed financial analysis. The Disposable Bag Fee Fund, Debt Service Fund and Avon Urban Renewal Authority Fund expenditures exceeded budgeted appropriations during 2023. This may be a violation of Colorado budget law. 37 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 Note 3. Cash and Investments Cash and investments as of December 31, 2023 are classified in the accompanying financial statements as follows: Cash and Cash Equivalents Investments Restricted Assets - Cash and Cash Equivalents $ 25,762,899 23,324,007 423,144 Total $ 49,510,050 Cash and investments as of December 31, 2023 consist of the following: Cash on Hand Demand Deposits Other Deposits with Financial Institutions Local Government Investment Pools Investments $ 4,925 3,652,761 423,144 35,958,983 9,470,237 Total $ 49,510,050 Investments Authorized by the Town of Avon Investment Policy The table below identifies the investment types that are authorized for the Town by the Town’s investment policy. The table also identifies certain provision of the Town’s investment policy that address interest rate risk, credit risk, and concentration of credit risk. Authorized Investment Type Maximum Maturity Maximum Percentage Of Portfolio Maximum Investment In One Issuer U.S. Government Treasury Securities U.S. Government Agency Securities Repurchase Agreements Commercial Paper General Obligation Debt Revenue Obligation Debt Local Government Investment Pools 5 years 5 years 180 days 270 days 5 years 5 years N/A None None None 20% None None None None None None 5% None None None Fair Value of Investments The Town measures and records its investments using fair value measurement guidelines established by generally accepted accounting principles. These guidelines recognize a three- tiered fair value hierarchy, as follows: • Level 1: Quoted prices for identical investments in active markets; • Level 2: Observable inputs other than quoted market prices; and, 38 Preliminary Draft • Level 3: Unobservable inputs. At December 31, 2023, the Town had the following recurring fair value measurements: Fair Value Measurements Using Investments Measured at Fair Value Total Level 1 Level 2 Level 3 U.S. Government Treasury Securities Colotrust Edge $ 9,448,737 13,875,270 $ 9,448,737 13,875,270 $ - - $ - - Total $23,324,007 $23,324,007 $ - $ - Investments Measured at Net Asset Value Total Colotrust Plus $22,083,713 Debt and equity securities classified in Level 1 are valued using prices quoted in active markets for those securities. Debt and equity securities classified in Level 2 are valued using the following approaches: • U.S. Government treasury securities, U.S. Government agency securities, and commercial paper: quoted prices for identical securities in markets that are not active; • Corporate and municipal bonds: quoted prices for similar securities in active markets; • Repurchase agreements, negotiable certificates of deposit, and collateralized debt obligations: matrix pricing based on the securities’ relationship to benchmark quoted prices. At December 31, 2023 unrealized losses were $54,648 which reflects changes in the fair market value of investments. Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The investment policy of the Town states that, to the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities. Unless matched to a specific cash flow requirement, the Town will not invest in securities maturing more than five years from the date of purchase. In addition, the Town shall maintain at least 15% of its total investment portfolio in investments maturing in 120 days or less. At least 10% of the portfolio shall be invested in overnight investments or securities that can be sold to raise cash on one day’s notice. 39 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 Information about the sensitivity of the fair values of the Town’s investments to market interest rate fluctuations is provided by the following table that shows the distribution of the Town’s investments by maturity: Weighted Average Maturity (in Years) U.S. Government Treasury Notes Colotrust Edge $ 9,448,737 13,287,270 1.74 NA Total $ 23,324,007 Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating, as required by the Town’s investment policy, for investments of the Town as of December 31, 2023. Ratings Standard & Poor’s Investment AAAm AA+ AA+ AA+ AA+ AA+ AA+ Colotrust US Treasury Government National Mortgage Assoc. Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Mortgage Corporation Federal National Mortgage Corporation Concentration of Credit Risk Except for commercial paper investments, the investment policy of the Town contains no limitations on the amount that can be invested in any one issuer. Commercial paper issuers are limited to no more than 5% of the Town’s portfolio. The Town had no direct investments in commercial paper at December 31, 2023. The Town did not have any investments in any one issuer (other than U.S. Treasury obligations and local government investment pools) that represented 5% or more of total Town investments. Custodial Credit Risk 40 Preliminary Draft Deposits. Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, the Town would not be able to recover its deposits or would not be able to recover collateral securities that are in the possession of an outside party. The Town’s deposits are entirely covered by federal depository insurance (“FDIC”) or by collateral held under Colorado’s Public Deposit Protection Act (“PDPA”). The FDIC insures the first $250,000 of the Town’s deposits at each financial institution. Deposit balances over $250,000 are collateralized as required by PDPA. The Colorado Public Deposit Protection Act (PDPA) requires that cash be deposited in eligible public depositories and that deposits in excess of federal insurance levels must be collateralized. The eligible collateral is determined by the PDPA. PDPA allows the institution to create a single collateral pool for all public funds with the Town being a named participant in the single institution collateral pool. The minimum pledging requirement is 102% of the uninsured deposits. The Colorado State Banking Board verifies the market value at least monthly. Bank assets (usually securities) are required by PDPA to be delivered to a third-party institution for safekeeping and pledged to the Colorado Division of Banking. Based on the above, the Colorado State Auditor has concluded that there is no custodial risk for public deposits collateralized under PDPA. The carrying amount of the Town’s demand deposits was $3,652,761 at year end. Investments. Custodial credit risk for investments is the risk that, in the event of the failure of the counterparty (e.g. broker-dealer) to a transaction, the Town would not be able to recover the value of its investment or collateral securities that are in the possession of another party. The Town’s investment policy provides that all investment securities, except certificates of deposit, local government investment pools, and money market funds purchased by the Town shall be settled on a delivery versus payment basis and will be delivered by either book entry or physical delivery and will be held in third-party safekeeping by the Town’s approved custodian bank, its correspondent bank or the Depository Trust Company. An approved Safekeeping Agreement must be executed with each custodian bank prior to utilizing that bank’s safekeeping services. Local Government Investment Pools Local government investment pools are trusts established for local government entities in Colorado to pool surplus funds. The State Securities Commissioner administers and enforces all State statutes governing the trusts. A designated custodial bank serves as custodian pursuant to a custodian agreement. The custodian acts as safekeeping agent for the trusts’ investment portfolios and provides services as the depository in connection with direct investments and withdrawals. The custodian's internal records segregate investments owned by the trusts. The Town of Avon invests its surplus funds in the Colorado Local Government Liquid Asset Trust’s Colotrust Plus+ and Colotrust Edge funds. The Plus+ fund may invest in U.S. Treasury securities and repurchase agreements collateralized by U.S. Treasury securities as well as in certain obligations of U.S. government agencies, highest rated commercial paper 41 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 and repurchase agreements collateralized by certain obligations of U.S. government agencies. The Plus+ fund is a stable $1.00 net asset value (NAV) fund that offers daily liquidity. At December 31, 2023, the Town’s investment in Colotrust Plus+ was 48.55% of the Town’s investment portfolio. The Edge fund is an enhanced cash, variable rate NAV fund that is managed to approximate a $10.00 per share and offers weekly liquidity. As of December 31, 2022, the Town’s investment in Colotrust Edge was 30.51% of the Town’s investment portfolio. Note 4. Capital Assets Capital asset activity for the year ended December 31, 2023 was as follows: Governmental Activities: Beginning Balance (Restated) Increases Decreases Ending Balance Capital Assets, Not Being Depreciated/Amortized: Land and Land Improvements Public Art Water Rights Deed Restrictions Construction in Progress Total Capital Assets, Not Being Depreciated/Amortized $ 11,953,790 1,361,400 1,792,959 2,476,250 2,272,933 19,857,332 $ - 30,000 - 199,200 4,596,657 4,825,857 $ - - - - (4,211,371) (4,211,371) $ 11,953,790 1,391,400 1,792,959 2,675,450 2,658,219 20,471,818 Capital Assets, Being Depreciated/Amortized: Depreciable Land Improvements Buildings Utilities Machinery and Equipment Infrastructure Right-to-use Leased and Subscription Assets Total Capital Assets, Being Depreciated/ Amortized 505,242 29,492,898 4,823,613 7,945,365 95,823,407 412,743 139,003,268 - 918,102 - 2,274,606 3,220.780 - 6,413,488 - - - (609,233) - - (609,233) 505,242 30,411,000 4,823,613 9,610,738 99,044,187 412,743 144,807,523 Less Accumulated Depreciation/Amortization: Depreciable Land Improvements Buildings Utilities Machinery and Equipment Infrastructure Right-to-use Lease and Subscription Assets Total Accumulated Depreciation/Amortization (207,899) (12,410,941) (2,581,152) (4,470,594) (61,421,866) (67,989) (81,160,441) (15,719) (1,098,280) (230,411) (788,515) (2,925,938) (103,429) (5,162,292) - - - 568,566 - - 568,566 (223,618) (13,509,221) (2,811563) (4,690,543) (64,347,804) (171,418) (85,754,166) Total Capital Assets, Being Depreciated/Amortized, Net 57,842,827 1,251,196 (40,667) 59,053,357 Governmental Activities Capital Assets, Net $ 77,700,159 $ 6,077,053 $ (4,252,038)$ 79,525,174 42 Preliminary Draft Business-type Activities: Beginning Balance Increases Decreases Ending Balance Capital Assets, Not Being Depreciated: Land Total Capital Assets, Not Being Depreciated Capital Assets, Being Depreciated: Buildings Machinery and Equipment Total Capital Assets, Being Depreciated $ 411,834 411,834 17,360,232 6,320,162 23,680,394 $ - - - 1,139,111 1,139,111 $ - - - (286,069) (286,069) $ 411,834 411,834 17,360,232 7,173,204 24,533,436 Less Accumulated Depreciation: Buildings and Facilities Machinery and Equipment Total Accumulated Depreciation (6,625,756) (2,935,745) (9,561,501) (437,414) (422,217) (859,631) - 277,068 277,068 (7,063,170) (3,080,894) (10,144,064) Total Capital Assets, Being Depreciated, Net 14,118,893 279,480 (9,001) 14,389,372 Business-type Activities Capital Assets, Net $ 14,530,727 $ 279,480 $ (9,001) $ 14,801,206 Depreciation/amortization expense was charged to functions/programs of the Town as follows: Governmental Activities: General Government Community Development Public Safety Public Works and Utilities, including general infrastructure assets Recreation Mobility $ 571,740 3,224 465,434 3,576,998 453,111 91,785 Total Depreciation/Amortization Expense – Governmental Activities $ 5,162,292 Business-type Activities: Transportation Fleet Maintenance $710,724 148,907 Total Depreciation Expense – Business-type Activities $ 859,631 43 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 Note 5. Leases Operating Leases. The Town is lessee for noncancellable leases of various equipment. The Town recognizes a lease liability and an intangible right-to-use lease asset. The Town recognizes lease liabilities with an initial, individual value of $5,000 or more. At the commencement of a lease, the Town initially measures the lease liability at the present value of payments expected to be made during the lease term. Subsequently, the lease liability is reduced by the principal portion of lease payments made. The lease asset is initially measured as the initial amount of the lease liability, adjusted for lease payments made at or before the lease commencement date, plus certain initial direct costs. Subsequently, the lease asset is amortized on a straight-line basis over its useful life. Key estimates and judgments related to leases include how the Town determines the following: •Discount Rate: The Town uses the interest rate charged by the lessor as the discount rate to discount the expected lease payments to present value. When the interest rate charged by the lessor is not provided, the Town uses its incremental rate of borrowing. •Lease Term: The lease term includes the noncancellable period of the lease and extended term(s) that the Town is reasonably certain to exercise. •Lease Payments: Lease payments included in the measurement of the lease liability are composed of fixed payments along with purchase options that the Town is reasonably certain to exercise. The Town monitors changes in circumstances that would require a remeasurement of its leases and will remeasure the lease asset and liability if certain changes occur that are expected to significantly affect the amount of the lease liability. Lease assets are reported with other capital assets and lease liabilities are reported with long-term debt on the Statement of Net Position. During the year ended December 31, 2023, the Town did not enter into any new long-term lease agreement as the lessee for the acquisition and use of equipment. As a result of the implementation of the GASB Statement No. 87, Leases, the Town now reports this as lease liabilities. As of December 31, 2023, the value of the lease liabilities was $176,337. The Town is required to make annual principal and interest payments ranging from $22,000 to $32,112. The lease has an interest rate of 0.686%. The value of the right-to-use lease assets as of the end of the current fiscal year was $311,268 and had accumulated amortization of $128,809. The future principal and interest payments as of December 31, 2023, were as follows: 44 Preliminary Draft Year Ending December 31 Principal Interest 2024 2025 2026 57,193 58,054 61,090 2,648 1,787 910 Total $ 176,337 $ 5,345 Capital Lease Obligations. The following leases are renewable on an annual basis, at the option of the Town, for consecutive one-year periods. Upon final payment, title to the leased assets will pass to the Town. •Lease obligation for equipment with a total cost of $355,818 and a book value net of accumulated depreciation at December 31, 2023 of $189,145. Due in seven annual installments of $55,720 through November 2024. Amortization is based on an interest rate of 2.35%. The Town may terminate the lease by paying the applicable purchase option on any scheduled payment. Balance at December 31, 2023 is $54.441. •Lease obligation for equipment with a total cost of $258,258 and a book value net of accumulated depreciation at December 31, 2023 of $196,069. Due in fourteen semi- annual installments of $20,877 through August 2025. Amortization is based on an interest rate of 3.39%. The Town may terminate the lease by paying the applicable purchase option on any scheduled payment. Balance at December 31, 2023 is $80,087. Annual debt service requirements to maturity for Capital Lease Obligations outstanding at December 31, 2023, are as follows: Year Ending December 31 Governmental Activities Business Activities Principal Interest Principal Interest 2024 2025 $ 54,441 - $ 1,279 - $ 39,371 40,716 $ 2,384 1,038 Total $ 54,441 $ 1,279 $ 80 087 $ 3,422 Note 6. Subscriptions Subscripition Leases. The Town is lessee for noncancellable leases of various subscriptions. The Town recognizes a lease liability and an intangible right -to-use lease asset. The Town recognizes lease liabilities with an initial, individual value of $5,000 or more. At the commencement of a lease, the Town initially measures the subscription liability at the present value of payments expected to be made during the lease term. Subsequently, the subscription liability is reduced by the principal portion of subscription payments made. The subscription asset is initially measured as the initial amount of the lease liability, adjusted for lease payments made at or before the lease commencement date, plus certain initial direct costs. Subsequently, the subscription asset is amortized on a straight-line basis over its useful 45 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 life. Key estimates and judgments related to subscriptions include how the Town determines the following: •Discount Rate: The Town uses the interest rate charged by the lessor as the discount rate to discount the expected lease payments to present value. When the interest rate charged by the lessor is not provided, the Town uses its incremental rate of borrowing. •Subscription Term: The Subscription term includes the noncancellable period of the subscription and extended term(s) that the Town is reasonably certain to exercise. •Subscription Payments: Subscription payments included in the measurement of the subscription liability are composed of fixed payments along with purchase options that the Town is reasonably certain to exercise. The Town monitors changes in circumstances that would require a remeasurement of its subscription and will remeasure the subscription asset and liability if certain changes occur that are expected to significantly affect the amount of the subscription liability. Subscription assets are reported with other capital assets and subscription liabilities are reported with long- term debt on the Statement of Net Position. During the year ended December 31, 2023, the Town entered into a subscription agreement as the payee for the acquisition and use of the software. As a result of the implementation of the GASB Statement No. 96, Subscription, the Town now reports this as subscription liabilities. As of December 31, 2023, the value of the subscription liabilities was $56,132. The Town is required to make annual payments ranging from $5,000 to $30,000. The subscriptions have an interest rate ranging from 0.321% to 3.238%. The value of the right-to-use subscription assets as of the end of the current fiscal year was $101,475 and had accumulated amortization of $42,609. The future principal and interest payments as of December 31, 2023, were as follows: Year Ending December 31 Principal Interest 2024 2025 $ 44,058 12,074 $ 530 117 Total $ 56,132 $ 647 Note 7. Long-term Debt Revenue Bonds and Loans – Avon Urban Renewal Authority. In 2013, the Avon Urban Renewal Authority issued Series 2013 Tax Increment Revenue Bonds to refinance outstanding obligations of the Authority and to finance certain capital improvements. In 2017, the Avon Urban Renewal Authority issued Series 2017 Tax Increment Revenue Bonds to finance tenant improvements related to the future occupancy of a new Town Hall. 46 Preliminary Draft In 2020, the Avon Urban Renewal Authority issued its Series 2020 Tax Increment Revenue Refunding Loan in the amount of $4,111,000 with an interest rate of 2.11%. This loan along with the release of the Series 2013 debt service reserve of $628,240 was used to refund the outstanding Series 2013 Tax Increment Revenue Bonds in the aggregate principal amount of $4,560,000. The refunding resulted in an economic gain of $176,403 with a cash flow savings of $883,089. The 2017 Bonds and the 2020 Loan constitute a pledge of, and an irrevocable first lien (but not an exclusive first lien), on all pledged revenues. Pledged revenues include the portion of the ad valorem proprietary taxes produced by the levies at the rates fixed each year by the governing bodies of the various taxing jurisdictions within the Urban Renewal Project Area. The levies are assessed upon that portion of the valuation for assessment of all taxable property in excess of a defined property tax base amount. The pledged revenues are reduced by a) any County collection fee (b) tax increment revenues required to be remitted by the Authority to the Confluence Metropolitan District pursuant to the Avon Station/Confluence IGA; and (c) ad valorem property taxes produced by a mill levy of any special district formed after May 28, 2009. Revenue bonds and loans outstanding at December 31, 2023, are as follows: Purpose Interest Rates Amount General Government – Avon Urban Renewal Authority 2.11% - 2.90% $ 4,109,123 Annual debt service requirements to maturity for revenue bonds outstanding at December 31, 2023, are as follows: Year Ending Avon Urban Renewal Authority December 31 Principal Interest 2024 2025 2026 2027 2028 2029-2031 $ 648,867 664,728 679,761 695,974 712,372 707,420 $ 99,843 84,466 68,705 52,575 36,050 38,828 Total $ 4,109,123 $ 378,466 Certificates of Participation. On November 16, 2010, the Town issued $6,680,000 of Series 2010 Certificates of Participation with interest rates of 2% to 5%. The Certificates evidence a proportionate interest in the base rentals and other revenues under an annually renewable lease purchase agreement dated as of November 1, 2010, between UMB Bank, solely in its capacity as trustee under the Indenture, as lessor, and the Town of Avon, as lessee. These Certificates were used to refund the outstanding 1998 Certificates of Participation in the aggregate principal amount of $3,990,000. The refunding resulted in an economic gain of $43,298 with a cash flow savings of $904,642. The remaining funds from the 2010 Certificates were used 47 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 as matching funds for the construction of the Avon Regional Transit Facility, which was completed and placed into service in October 2013. On January 14, 2015, the Town issued $3,800,000 of Series 2014B Certificates of Participation with an interest rate of 3.03% to finance the cost of street improvements. The Certificates evidence a proportionate interest in the base rentals and other revenues under an annually renewable lease purchase agreement dated as of January 14, 2015 , between UMB Bank, N.A., solely in its capacity as trustee under the Indenture, as lessor, and the Town of Avon, as lessee. On May 3, 2016, the Town held a special election concerning the financing for a joint public safety facility in partnership with the Eagle River Fire Protection District. The election was successful and on August 2, 2016, the Town issued $6,300,000 of Series 2016 Certificates of Participation with interest rates of 2% to 4%. The Certificates evidence a proportionate interest in the base rentals and other revenues under an annually renewable lease purchase agreement dated as of August 2, 2016, between UMB Bank, N.A., solely in its capacity as trustee under the Indenture, as lessor, and the Town of Avon, as lessee. On September 2, 2020, the Town issued $3,983,000 of Series 2020 Certificates of Participation with an interest rate of 1.23%. These Certificates, along with the release of the Series 2010 debt service reserve of $508,700 were used to refund the outstanding 2010 Certificates of Participation in the aggregate principal amount of $4,300,000. The refunding resulted in an economic gain of $640,454 with a cash flow savings of $1,227,703. The Certificates evidence a proportionate interest in the base rentals and other revenues under an annually renewable lease purchase agreement dated as of September 2, 2020, between UMB Bank, solely in its capacity as trustee under the Indenture, as lessor, and the Town of Avon, as lessee. Certificates of Participation outstanding at December 31, 2023, are as follows: Purpose Interest Rates Amount General Government – Refunding and Capital 1.23% - 4.0% $8,681,000 48 Preliminary Draft Annual debt service requirements to maturity for Certificates of Participation outstanding at December 31, 2023, are as follows: Year Ending December 31 Governmental Activities Business Activities Principal Interest Principal Interest 2024 2025 2026 2027 2028 2029-2033 2034-2035 $ 748,000 770,000 784,000 802,000 830,000 2,596,000 850,000 $ 203,973 184,605 167,720 150,534 126,308 320,186 38,400 $ 177,000 180,000 184,000 187,000 189,000 384,000 - $ 16,002 13,825 11,611 9,348 7,048 7,097 - Total $ 7,380,000 $ 1,191,726 $ 1,301,000 $ 64,932 Changes in Long-term Liabilities. Long-term liability activity for the year ended December 31, 2023, was as follows: Beginning Balance Restated Additions Deletions Ending Balance Due Within One Year Governmental Activities: Bonds Payable: Revenue Bonds Certificates of Participation Bond Premium Total Bonds Payable Lease and Subscription Liabilities Capitalized Leases Payable Compensated Absences $ 4,743,299 8,114,000 12,857,299 224,735 13,082,034 334,161 107,632 555,171 $ - - - - - - - - $ 634,175 734,000 1,368,175 14,391 1,382,566 101,692 53,191 15,959 $ 4,109,123 7,380,000 11,489,123 210,344 11,699,467 232,469 54,441 539,233 $ 648,867 748,000 1,396,867 14,631 1,411,498 101,251 54,441 539,222 Governmental Activity Long- term Liabilities $14,078,988 $ -$ 1,553,408 $12,525.610 $ 2,106,412 Business-type Activities: Certificates of Participation Total Bonds Payable Capitalized Leases Payable Compensated Absences $ 1,480,000 1,480,000 118,157 61,127 $ - - - - $ 179,000 179,000 38,069 18,618 $ 1,301,000 1,301,000 80,087 42,509 $ 177,000 177,000 39,371 42,509 Business-type Activity Long- term Liabilities $ 1,659,284 $ -$ 235,687 $ 1,423,597 $ 258,880 49 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 Conduit Debt Obligations. In prior years, the Town has sponsored the issuance of revenue bonds to provide financial assistance to private-sector entities for the acquisition and construction of facilities deemed to be in the public interest. Eaglebend Dowd Affordable Housing Corporation. The Eaglebend Dowd Affordable Housing Corporation (Dowd) was formed on March 24, 1998, to help provide affordable housing within Eagle County. Dowd operates a 50-unit apartment project within Eagle County. The Town approved the formation and the issuance of the revenue bonds to finance the project and will obtain full legal title to the land, buildings, and equipment upon payment in full of the bonds. In 2003, the Town approved the issuance by Dowd of $9,520,000 in Series 2003 Refunding Revenue Bonds to defease the outstanding Series 1998A Revenue Bonds by placing the proceeds of the Series 2003 bonds in an irrevocable trust to provide for all future debt service payments on the old bonds. In August 2013, Dowd issued $8,450,000 in Series 2013 Multifamily Housing Project Refunding Revenue Bonds to refund the Series 2003 Bonds. In November 2014, Dowd issued $8,850,000 of Multifamily Housing Project Refunding Revenue Bonds, Series 2014A to refund and defease the Series 2013 bonds. In November, 2022 the Public Finance Authority (“PFA”) issued Series 2022 Refunding Revenue Bonds in the amount of $13,000,000 to refund and defease all the outstanding Series 2014A Multifamily Refunding Revenue Bonds and Series 1998 B&C Subordinate Revenue Bonds, and the finance a portion of the costs to complete project improvements to the project. The bonds are special limited obligations of Dowd and are payable solely from payments made by Dowd pursuant to the financing agreement. The bond holders have a lien on the assets of the project. The bonds do not constitute an obligation or liability of the State of Colorado, the Town, or any other political subdivision of the State of Colorado. Accordingly, the PFA issued Series 2022 Refunding Revenue Bonds do not constitute conduit debt of the Town, nor are the bonds reported as liabilities in the accompanying general purpose financial statements. As of December 31, 2023, the Town has no conduit debt obligations outstanding. Defeased Debt. Certain other bonds previously issued by the Town have been defeased by the issuance of refunding bonds. As of December 31, 2023, there are no amounts outstanding on any refunded bonds. Note 8. Employee Retirement Plans Full-time Employees. The Town maintains two single-employer, defined contribution pension plans for full-time employees: (1) the Town of Avon Police Officers Money Purchase Pension Plan of which there are 25 participants, and (2) the Town of Avon General Employee Money Purchase Pension Plan of which there are 115 participants as of December 31, 2023. Plan administration and recordkeeping of these plans is provided by The Principal Financial Group. 50 Preliminary Draft A defined contribution pension plan has terms that specify how contributions to an individual’s account are to be determined rather than the amount of pension benefits the individual is to receive. In a defined contribution plan, the pension benefits a participant will receive depend only on the amount contributed to the participant’s account, earnings on investments of those contributions, and forfeitures of other participant’s benefits that may be allocated to the participant’s account. All full-time employees are required to participate in one of the above retirement plans upon employment with the Town. The type of plan that an employee participates in is dependent on the type of employee (police officer or general government employee). Town ordinance provides that both the employee and the Town will contribute an amount equal to 11% of the employee’s base salary each month. Employees hired prior to September 30, 1990, become vested in accordance with a vesting schedule which is dependent on the type of employee and hire date. All employees hired after September 30, 1990, start partial vesting after two years of service and are fully vested after five years of service. In addition, if an employee reaches normal retirement age, dies, or becomes totally and permanently disabled his account becomes fully vested regardless of length of service. Forfeitures by employees who leave employment before being fully vested are applied, first, to offset administrative expenses of the plans, and second, to reduce matching employer contributions. Forfeitures totaling $32,176 were used in 2023 for administrative expenses. No forfeitures were used to reduce matching employer contributions. Contributions made by employees and the Town for the three years ended December 31, 2023, are as follows: 2023 2022 2021 Employee Contributions $1,038,814 $ 883,828 $ 792,164 Town Contributions $1,038,814 $ 883,828 $ 792,164 Both the Town and the covered employees each made the required 11% contributions to the plans. There are no liabilities for benefits beyond the Town’s matching payments. No changes in the various plan’s provisions occurred in 2023. Part-time, Temporary and Seasonal Employees. On October 14, 1997, the Town adopted a PTS Retirement Plan administered by the ICMA Retirement Corporation and established under Section 457 of the Internal Revenue Code that pertains to deferred compensation plans. Plan administration and recordkeeping of this plans was transferred to The Principal Financial Group in November 2017. The PTS plan is designed specifically for employees who are part- time, temporary, or seasonal, and is defined as a Social Security replacement retirement plan. The PTS plan allows participants to defer federal and state income taxes on savings until retirement. The PTS plan requires a minimum contribution of 7.5% of an employee’s salary per plan year. This 7.5% may be the employee’s contribution, the employer’s contribution, 51 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 or a combination of both. The Town elected to have 3.75% contributed by the employee and 3.75% matched by the Town. Employees also have the option to contribute additional amounts. Upon separation of service, participants may withdraw the account balance in a lump -sum payment, roll the account balance over into another 457 plan, or continue to allow the account balance earn interest tax free. Taxes are paid when funds are withdrawn from the plan. Contributions made by plan members and the Town for the three years ended December 31, 2023, are as follows: 2023 2022 2021 Employees $51,231 $41,283 $41,043 Town $46,412 $35,001 $35,359 Both the Town and the covered employees each made the required 3.75% contributions to the plan. There are no liabilities for benefits beyond the Town’s matching payments. As of December 31, 2023, there were 213 participants in this plan. Note 9. 457 Deferred Compensation Plan The Town offers its full-time employees an optional supplemental deferred compensation plan created in accordance with Internal Revenue Code Section 457. Plan administration and recordkeeping is provided by The Principal Financial Group. The 457 plan allows eligible participants the opportunity to accumulate additional retirement savings with certain tax advantages. Deposits into the 457 plan are not subject to state or federal income taxes at the time of deposit, and earnings on these deposits are deferred until withdrawn. As of December 31, 2023, there were 50 participants in the 457 plan. Note 10. Employee Health Care The Town has a self-insurance plan for employee health and dental care. A third-party administrator processes individual employee claims and negotiates excess stop-loss insurance policies. Excess stop-loss insurance policies are purchased to cover individual claims in excess of $40,000 and aggregate total yearly claims in excess of $2,028,308. Settled benefit claims did not exceed the aggregate total yearly claims for 2023. As of December 31, 2023, the Town held reserves for future claims in the amount of $1,562,748. 52 Preliminary Draft The following represents the changes in the claims reserve for the Town for 2023 and 2022: 2023 2022 Claims Reserve for Future Claims, Beginning of Year Current Year Deposits for Estimated Claims Excess Stop Loss Refunds for Specific (Individual) Claims Claim Payments $ 1,125,972 1,284,691 296,117 (1,700,146) $ 1,446,415 1,441,715 304,443 (2,066,061) Claims Reserve for Future Claims, End of Year $ 1,562,748 $ 1,125,972 Note 11. Interfund Receivables, Payables and Transfers Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are reported in the fund financial statements as “due to/from other funds”. These interfund receivables and payables are expected to be repaid within the next year. The composition of these interfund balances as of December 31, 2023, is as follows: Receivable Fund Payable Fund Amount General Fund Fleet Maintenance Fund $ 100,000 Interfund Transfers: Fund Transfers In Transfers Out Major Funds: General Fund Urban Renewal Authority Fund Debt Service Capital Projects Fund Mobility Enterprise Fund Fleet Maintenance Enterprise Fund Equipment Replacement Fund Other Funds: Water Fund Community Enhancement Community Housing Total $ 600,473 - 963,142 2,209,085 1,500,000 598,766 505,922 - 734,871 $ 7,112,259 $ 1,500,000 1,000,000 - 3,403,174 - - - 1,089,085 120,000 - $ 7,112,259 During the year, capital assets purchased in 2023 related to governmental funds, with a book values of $894,681 were transferred to the internal service fund. In addition, capital lease principal payments of $53,190 were made on behalf of the internal service fund. No amounts were reported in the governmental funds as the amounts did not involve the transfer of financial resources. However, the internal service fund reported contributed capital in for the capital resources received. 53 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 Note 12. Commitments and Contingencies Litigation. The Town is a party to various legal proceedings. Town management believes ultimate disposition of those subsequent pending claims and legal proceedings will not likely have a material adverse effect, if any, on the financial condition of the Town. Construction Contract Commitments. As of December 31, 2023, the Town had one construction contract commitment outstanding in the amount of $59,702. Intergovernmental Agreement. The Town has entered into an Intergovernmental Agreement (IGA) with the Eagle River Fire Protection District (Fire District) for the ownership, construction, operation, and maintenance of a joint fire-police station facility. The IGA provides for many covenants and mutual agreements including the amendment and replacement of previous IGAs, conveyance of the real property interest, construction financing, waiver of building permit fees, construction, apportionment of costs, termination of existing leases, use and occupancy, and operation and maintenance of the joint public safety facility. The IGA continues in perpetuity until amended or terminated by either party. Tax, Spending and Debt Limitations. Article X, Section 20 of the Colorado Constitution, commonly known as the Taxpayer’s Bill of Rights (TABOR) contains tax, spending, revenue, and debt limitations which apply to the State of Colorado and all local governments. Spending and revenue limits are determined based on the prior year’s Fiscal Year Spending adjusted for allowable increases based upon inflation and local growth. Fiscal Year Spending is generally defined as expenditures plus reserve increases with certain exceptions. Revenue in excess of the Fiscal Year Spending limit must be refunded unless the voters approve retention of such revenue. In November 1997, voters within the Town passed a ballot issue which permanently authorizes the Town, without an election, to act on all spending and revenue raising measures which are limited by TABOR. In addition, voters authorized the Town to keep and spend all revenue collected by the Town regardless of any limitation contained in TABOR. The only exceptions are proposed sales or use tax rate increases and property tax rate increases which must be submitted to the voters, unless otherwise allowed by law. Enterprises, defined as government-owned business authorized to issue revenue bonds and receiving less than 10 percent of annual revenue in grants from all state and local governments combined, are excluded from the provisions of TABOR. TABOR also requires local governments to establish Emergency Reserves. These reserves must be at least 3% of Fiscal Year Spending (excluding bonded debt service). Local governments are not allowed to use the emergency reserves to compensate for economic conditions, revenue shortfalls, or salary or benefit increases. The Town has established an emergency reserve in the General Fund for the year ended December 31, 2023 in the amount of $1,167,831. 54 Preliminary Draft Town management believes it is in compliance with the provisions of TABOR. However, TABOR is complex and subject to interpretation. Many of the provisions, including the interpretation of how to calculate Fiscal Year Spending limits will require judicial interpretation. Note 13. Risk Management The Town is exposed to various risks of loss related to torts; thefts of, damage to, and destruction of assets; errors or omissions; injuries to employees; and natural disasters. The Town is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA). CIRSA is a joint self-insurance pool created by intergovernmental agreement of 279 municipalities and special districts to provide property, general and automobile liability and public officials coverage to its members. CIRSA is governed by a seven-member Board elected by and from its members. Coverage is provided through pooling of self-insured losses and the purchase of excess insurance coverage. CIRSA has a legal obligation for claims against its members to the extent that funds are available in its annually established loss fund and that amounts are available from insurance providers under excess specific and aggregate insurance contracts. Losses incurred in excess of loss funds and amounts recoverable from excess insurance are direct liabilities of the participating members. CIRSA has indicated that the amount of any excess losses would be billed to members in proportion to their contributions in the year such excess occurs, although it is not legally required to do so. The Town’s annual contribution to CIRSA amounted to $300,139 for 2023. The Town has not been informed of any excess losses that may have been incurred by the pool. The Town continues to carry commercial insurance coverage for other risks of loss including workers compensation. Settled claims have not exceeded this commercial coverage in any of the past three fiscal years. Note 14. Upper Eagle Regional Water Authority The Town is a participant in the Upper Eagle Regional Water Authority. The Authority was formed pursuant to an establishing contract on September 18, 1984, by the following municipal and quasi-municipal corporations (Members) located in Eagle County, Colorado. • Arrowhead Metropolitan District • Beaver Creek Metropolitan District • Berry Creek Metropolitan District • Eagle-Vail Metropolitan District • Edwards Metropolitan District • Town of Avon 55 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2023 The Authority also provides water services to the Cordillera and Bachelor Gulch developments through contracts with Members. The Authority was formed to make the best practicable use of the Members’ joint resources in supplying water to the members and to further develop water resources and facilities in Eagle County. The Authority may not be terminated so long as bonds, notes or other obligations are outstanding, unless provision for full payment of such obligations has been made. At December 31, 2023, the Authority had debt with maturities through the year 2039. The Town has a service contract with the Authority whereby the Authority provides and bills residents of the Town with water at a rate which is expected to cover its costs in providing water services and other functions. Such costs specifically include debt service requirements, depreciation, and operations and maintenance, including maintenance of the Town’s water distribution system. As part of the agreement, the Town conveyed its water distributions facilities and leased its water rights, associated easements, and improvements to the Authority at no cost. In consideration, the Authority has agreed to maintain the associated improvements and to administer and protect the Town’s plan for augmentation and water decrees at no cost. During 2023, the Authority collected $169,614 in water surcharges for the Town. Note 15. Tax Abatements The Town has entered into various agreements in order to meet development goals within certain areas of the Town. The following areas have continuing development requirements or abatement agreements requiring disclosure. Development Area Revenues Impacted Governing Document Amount Requirements Village at Avon PUD Sales Tax, Accommodation Tax, Real Estate Transfer Tax Consolidated, Amended and Restated Annexation and Development Agreement $5,287,363 100% tax credit against sales, accommodations and real estate transfer taxes paid within the development area. Riverfront PUD Property Tax Increment Intergovernmental Agreement $ 611,930 100% tax rebate of incremental property taxes received from Avon Station Metropolitan District, excluding Lot B. Note 16. Major Taxpayers For the year ended December 31, 2023 forty percent (40%) of the Town’s sales tax revenues were received from the ten highest-paying companies. 56 Preliminary Draft Note 17. Financial Restatement Effective January 1, 2023, the County implemented Statement No. 96, Subscription-Based Information Technology Arrangements (“GASB 96”), issued by the Governmental Accounting Standards Board. GASB 96 requires that the County report certain right-to-use subscription assets and liabilities and recognize inflows or outflows of resources based on the payment provisions of each such arrangement. The implementation of GASB 96 has been applied effective January 1, 2023, and did not result in changes in beginning net positions 57 Preliminary Draft TOWN OF AVON, COLORADO REQUIRED SUPPLEMENTAL INFORMATION GENERAL FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Taxes 19,802,741$ 19,802,741 20,021,772$ 219,031$ Licenses and Permits 378,450 378,450 601,671 223,221 Intergovernmental 1,254,455 1,302,573 1,215,554 (87,019) Charges for Services 1,775,293 1,797,370 2,082,768 285,398 Fines and Forfeitures 38,700 38,700 44,705 6,005 Investment Earnings 480,000 1,500,000 1,760,550 260,550 Other Revenues 458,500 458,500 524,639 66,139 Total Revenues 24,188,139 25,278,334 26,251,659 973,325 Expenditures Current: General Government 6,911,320 7,361,146 6,682,849 678,297 Community Development 1,100,608 994,036 925,883 68,153 Public Safety 5,177,982 5,516,658 5,516,773 (115) Public Works 8,169,475 8,585,003 8,146,485 438,518 Recreation 2,692,863 2,773,888 2,450,098 323,790 Total Expenditures 24,052,248 25,230,731 23,722,088 1,508,643 Excess (Deficiency) of Revenues Over (Under) Expenditures 135,891 47,603 2,529,571 2,481,968 Other Financing Sources (Uses) Lease Proceeds Transfers In: - - - Capital Projects Fund 600,473 600,473 600,473 - Transfers Out: Capital Projects Fund - - - Mobility Enterprise Fund (1,300,000) (1,300,000) (1,300,000) - Fleet Maintenance Enterprise Fund (200,000) (200,000) (200,000) - Total Other Financing Sources (Uses)(899,527) (899,527) (899,527) - Net Change in Fund Balances (763,636) (851,924) 1,630,044 2,481,968 Fund Balances, Beginning of Year 16,641,027 20,311,855 20,311,855 - Fund Balances, End of year 15,877,391$ 19,459,931$ 21,941,899$ 2,481,968$ Budgeted Amounts 58 Preliminary Draft TOWN OF AVON, COLORADO REQUIRED SUPPLEMENTAL INFORMATION AVON URBAN RENEWAL AUTHORITY FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Taxes 1,834,772$ 1,834,772$ 1,912,402$ 77,630$ Investment Earnings - - 2,385 2,385 Total Revenues 1,834,772 1,834,772 1,914,787 80,015 Expenditures Current: General Government 55,043 55,043 56,903 (1,860) Debt Service: Principal 634,175 634,175 634,175 - Interest 114,861 114,861 114,861 - Fiscal Charges 400 900 400 500 Total Expenditures 804,479 804,979 806,339 (1,360) Excess (Deficiency) of Revenues Over (Under) Expenditures 1,030,293 1,029,793 1,108,448 78,655 Other Financing Sources (Uses) Transfers Out: Capital Project Fund (1,000,000) (1,000,000) (1,000,000) - Net Change in Fund Balances 30,293 29,793 108,448 78,655 Fund Balances, Beginning of Year 95,276 177,047 177,047 - Fund Balances, End of year 125,569$ 206,840$ 285,495$ 78,655$ Budgeted Amounts 59 Preliminary Draft TOWN OF AVON, COLORADO NOTES TO REQUIRED SUPPLEMENTAL INFORMATION DECEMBER 31, 2023 Note 1. Budgetary Information An annual budget is legally adopted on a basis consistent with generally accepted accounting principles for all funds, with the exception of proprietary funds which are budgeted on the modified accrual basis of accounting. Appropriations lapse at fiscal year-end except for capital projects and special revenue funds which may have project-length budgets that carryover from year-to-year. However, as a matter of practice, the Town adopts annual budgets for all funds. The budget is prepared by fund, department, program, object and project. Expenditures may not legally exceed budgeted appropriations at the fund level. The Town Council holds public hearings and may change appropriations except for expenditures required by law for debt service or for estimated cash deficits. No change to the budget may increase the authorized expenditures to any amount greater than the total amount of funds available. The Town Council must adopt the budget by resolution prior to December 15th. Once adopted, the Town Council may at any time, by resolution, amend the budget. In addition, the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department. A department is defined by the Town as a distinct, principal or specialized division (e.g., the Department of Public Works). 60 Preliminary Draft THIS PAGE INTENTIONALLY LEFT BLANK 61 Preliminary Draft NONMAJOR GOVERNMENTAL FUNDS Special Revenue Funds Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. Water Fund – This fund is used to account for the cost of maintaining certain water-related assets and for the receipt of water surcharges and tap fees within the Town limits. Community Enhancement Fund – This fund is used to account for revenues received from a franchisee and restricted for use for beautification projects, energy conservation projects, equipment and technology upgrades for schools, scholarship funds, acquisition of open space and/or park land and development thereof, sponsorship of special community events, and undergrounding of overhead electric and other utility lines. Community Housing Fund – This fund is used to accumulate and account for resources received and restricted for use in the Town’s community housing program. Exterior Energy Offset Fund – This fund is used to account for fees collected at building permit to create financial assistance, rebates, and incentives to promote energy efficient projects within the Town of Avon. Fees are established based on a formula using BTUs required for certain amenities over a 20-year period. Disposable Paper Bag Fee Fund - This fund is used to account for fees received by the Town from retailers who are required to pay ten cents ($0.10) for each disposable paper bag used during a retail purchase. Effective May 1, 2018 it became unlawful for retailers to provide plastic bags to customers at point of sale. The intent is to encourage the use of reusable bags. Fees are restricted for use to programs and education related to waste reduction, and for providing reusable bags to Town residents and guests. 62 Preliminary Draft TOWN OF AVON, COLORADO COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS DECEMBER 31, 2023 Community Community Exterior Energy Water Enhancement Housing Offset Fund Fund Fund Fund ASSETS Cash and Cash Equivalents 386,865$ 257,774$ 2,918,511$ 235,302$ Receivables: - Accounts 43,903 - 131,243 - - Intergovernmental - 91,103 - - Total Assets 430,768$ 348,877$ 3,049,754$ 235,302$ LIABILITIES Accounts Payable 62$ -$ 315$ 10,401$ Deposits and Reserves - - 1,300 - Total Liabilities 62 - 1,615 10,401 FUND BALANCES Restricted For: Water Projects - 348,877 - - Community Enhancement 430,706 - - - Committed For: Exterior Energy Offset Programs - - - 224,901 Waste Reduction Programs - - - - Assigned For: Community Housing Programs - - 3,048,139 - Total Fund Balances 430,706 348,877 3,048,139 224,901 Total Liabilities, Deferred Inflows of Resources, and Fund Balances 430,768$ 348,877$ 3,049,754$ 235,302$ Special Revenue Funds 63 Preliminary Draft Disposable Total Paper Bag Nonmajor Fee Governmental Fund Funds 92,239$ 3,890,691$ 5,411 180,557 - 91,103 97,650$ 4,162,351$ 3,588$ 14,366 - 1,300 3,588 15,666 - 348,877 - 430,706 - 224,901 94,062 94,062 - 3,048,139 94,062 4,146,685 97,650$ 4,162,351$ 64 Preliminary Draft TOWN OF AVON, COLORADO COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS FOR THE YEAR ENDED DECEMBER 31, 2022 Community Community Exterior Energy Enhancement Water Housing Offset Fund Fund Fund Fund Revenues Taxes -$ -$ 1,041,364$ -$ Licenses and Permits - - - 36,451 Charges for Services - 624,048 78,015 - Other Revenues 91,103 - 15,381 - Total Revenues 91,103 624,048 1,134,760 36,451 Expenditures Current: General Government - - 205,200 - Community Development - - - 23,832 Public Works and Utilities - 113,141 - - Capital Improvements - - 244,732 - Total Expenditures - 113,141 449,932 23,832 Excess (Deficiency) of Revenues Over (Under) Expenditures 91,103 510,907 684,828 12,619 Other Financing Sources (Uses): Transfers In: Capital Projects Fund - - 734,871 - Transfers Out: Capital Projects Fund (120,000) (1,089,085) - - Total Other Financing Sources (Uses)(120,000) (1,089,085) 734,871 - Net Change in Fund Balances (28,897) (578,178) 1,419,699 12,619 Fund Balances, Beginning of Year 377,774 1,008,884 1,628,440 212,282 Fund Balances, End of year 348,877$ 430,706$ 3,048,139$ 224,901$ Special Revenue Funds 65 Preliminary Draft Disposable Total Paper Bag Nonmajor Fee Governmental Fund Funds -$ 1,041,364$ - 36,451 33,423 735,486 33,750 140,234 67,173 1,953,535 141,120 346,320 - 23,832 - 113,141 - 244,732 141,120 728,025 (73,947) 1,225,510 - 734,871 - (1,209,085) - (474,214) (73,947) 751,296 168,009 3,395,389 94,062$ 4,146,685$ 66 Preliminary Draft TOWN OF AVON, COLORADO COMMUNITY ENHANCEMENT FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Other Revenues 82,000$ 82,000$ 91,103$ 9,103$ Total Revenues 82,000 82,000 91,103 9,103 Expenditures Current: Public Works and Utilities 20,000 20,000 - 20,000 Total Expenditures 20,000 20,000 - 20,000 Excess (Deficiency) of Revenues Over (Under) Expenditures 62,000 62,000 91,103 29,103 Other Financing Sources (Uses) Transfers Out: Capital Projects Fund (120,000) (120,000) (120,000) - Net Change in Fund Balances (58,000) (58,000) (28,897) 29,103 Fund Balances, Beginning of Year 377,774 377,774 377,774 - Fund Balances, End of year 319,774$ 319,774$ 348,877$ 29,103$ Budgeted Amounts 67 Preliminary Draft TOWN OF AVON, COLORADO COMMUNITY HOUSING FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Taxes: Short-term Rental Tax 1,030,000$ 1,030,000$ 1,041,364$ 11,364$ Charges for Services: Rental Revenues - Employees 57,569 57,569 78,015 20,446 Other Revenues: Bond Issuance Fee 9,000 13,912 15,381 1,469 Total Revenues 1,096,569 1,101,481 1,134,760 33,279 Expenditures Current: General Government 1,800,000 2,079,950 205,200 1,874,750 Capital Improvements 795,000 821,743 244,732 577,011 Total Expenditures 2,595,000 2,901,693 449,932 2,451,761 Excess (Deficiency) of Revenues Over (Under) Expenditures (1,498,431) (1,800,212) 684,828 2,485,040 Other Financing Sources (Uses) Transfers In: Capital Projects Fund 597,699 597,699 734,871 137,172 Net Change in Fund Balances (900,732) (1,202,513) 1,419,699 2,622,212 Fund Balances, Beginning of Year 1,628,440 1,628,440 1,628,440 - Fund Balances, End of year 727,708$ 425,927$ 3,048,139$ 2,622,212$ Budgeted Amounts 68 Preliminary Draft TOWN OF AVON, COLORADO WATER FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Charges for Services: Water Surcharges 170,000$ 170,000$ 169,614$ (386)$ Tap Fees 592,000 592,000 454,434 (137,566) Total Charges for Services 762,000 762,000 624,048 (137,952) Total Revenues 762,000 762,000 624,048 (137,952) Expenditures Current: Public Works and Utilities 131,231 218,731 113,141 105,590 Total Expenditures 131,231 218,731 113,141 105,590 Excess (Deficiency) of Revenues Over (Under) Expenditures 630,769 543,269 510,907 (32,362) Other Financing Sources (Uses) Transfers Out: Capital Projects Fund (756,250) (1,089,085) (1,089,085) - Net Change in Fund Balances (125,481) (545,816) (578,178) (32,362) Fund Balances, Beginning of Year 1,008,884 1,008,884 1,008,884 - Fund Balances, End of year 883,403$ 463,068$ 430,706$ (32,362)$ Budgeted Amounts 69 Preliminary Draft TOWN OF AVON, COLORADO EXTERIOR ENERGY OFFSET FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Licenses and Permits: Exterior Energy Offset Fee 25,000$ 25,000$ 36,451$ 11,451$ Total Revenues 25,000 25,000 36,451 11,451 Expenditures Current: Community Development 41,000 41,000 23,832 17,168 Total Expenditures 41,000 41,000 23,832 17,168 Net Change in Fund Balances (16,000) (16,000) 12,619 28,619 Fund Balances, Beginning of Year 212,282 212,282 212,282 - Fund Balances, End of year 196,282$ 196,282$ 224,901$ 28,619$ Budgeted Amounts 70 Preliminary Draft TOWN OF AVON, COLORADO DISPOSABLE PAPER BAG FEE FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Other Revenues: Disposable Paper Bag Fee 55,000$ 55,000$ 33,423$ (21,577)$ General Government - - 33,750 (33,750) Total Revenues 55,000 55,000 67,173 (55,327) Expenditures Current: General Government 33,840 140,407 141,120 (713) Total Expenditures 33,840 140,407 141,120 (713) Net Change in Fund Balances 21,160 (85,407) (73,947) (56,040) Fund Balances, Beginning of Year 168,009 168,009 168,009 - Fund Balances, End of year 189,169$ 82,602$ 94,062$ (56,040)$ Budgeted Amounts 71 Preliminary Draft TOWN OF AVON, COLORADO DEBT SERVICE FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Investment Earnings -$ -$ 4,873$ 4,873$ Other Revenues - - - - Total Revenues - - 4,873 4,873 Expenditures Debt Service: Principal 734,000$ 734,000$ 734,000$ -$ Interest 222,992 222,992 222,992 - Fiscal Charges 6,150 6,150 6,220 (70) Total Expenditures 963,142 963,142 963,212 (70) Excess (Deficiency) of Revenues Over (Under) Expenditures (963,142) (963,142) (958,339) 4,803 Other Financing Sources (Uses) Transfers In: Capital Projects Fund 963,142 963,142 963,142 - Net Change in Fund Balances - - 4,803 4,803 Fund Balances, Beginning of Year 35,942 35,942 35,942 - Fund Balances, End of year 35,942$ 35,942$ 40,745$ 4,803$ Budgeted Amounts 72 Preliminary Draft TOWN OF AVON, COLORADO CAPITAL PROJECTS FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues Taxes: Real Estate Transfer Tax 4,500,000$ 4,500,000$ 6,529,287$ 2,029,287$ Intergovernmental 2,200,000 3,674,745 601,877 (3,072,868) Investment Earnings 300,000 300,000 422,670 122,670 Other Revenues - 3,500 4,969 1,469 Total Revenues 7,000,000 8,478,245 7,558,803 (919,442) Expenditures Capital Projects: Facilities 3,911,000 5,403,044 1,188,718 4,214,326 Land and Land Improvements 215,000 1,571,958 54,921 1,517,037 Roads and Streets 8,924,748 10,539,147 2,360,061 8,179,086 Utility Projects 1,031,250 1,460,755 1,024,717 436,038 Planning and Consulting 175,000 318,456 165,294 153,162 Communications and Technology 229,338 375,683 25,077 350,606 Debt Service: Capital Leases 55,720 55,720 55,720 - Total Expenditures 14,542,056 19,724,763 4,874,508 14,850,255 Excess (Deficiency) of Revenues Over (Under) Expenditures (7,542,056) (11,246,518) 2,684,295 13,930,813 Other Financing Sources (Uses) Transfers In: General Fund - - - - Avon Urban Renewal Fund 1,000,000 1,000,000 1,000,000 - Water Fund 756,250 1,089,085 1,089,085 - Community Enhancement Fund 120,000 120,000 120,000 - Transfers Out: General Fund (600,473) (600,473) (600,473) - Community Housing Fund (734,871) (734,871) (734,871) - Debt Service Fund (963,142) (963,142) (963,142) - Mobility Fund (200,000) (200,000) (200,000) - Equipment Replacement Fund (470,004) (505,922) (505,922) - Fleet Maintenance Fund (398,766) (398,766) (398,766) - Total Other Financing Sources (Uses)(1,491,006) (1,194,089) (1,194,089) - Net Change in Fund Balances (9,033,062) (12,440,607) 1,490,206 13,930,813 Fund Balances, Beginning of Year 10,327,090 14,018,774 14,018,774 - Fund Balances, End of Year 1,294,028$ 1,578,167$ 15,508,980$ 13,930,813$ Budgeted Amounts 73 Preliminary Draft ENTERPRISE FUNDS Enterprise funds are used to account for operations that are financed and operated in a manner similar to private business enterprises – where the intent of the Town Council is that the costs of providing goods or services to the general public on a continuing basis be financed or recovered through user charges: or where the Town Council has decided that periodic determination of net income is appropriate for accountability purposes. Mobility Fund – This fund is used to account for the activities involved in operating the Town’s transportation system. Fleet Maintenance Fund – This fund is used to account for the accumulation and allocation of costs associated with the maintenance of vehicles and rolling stock for the Town and certain other third-party governmental entities. 74 Preliminary Draft TOWN OF AVON, COLORADO MOBILITY FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues: Taxes 46,003$ 46,003$ 46,696$ 693$ Intergovernmental 1,086,000 1,086,000 1,123,502 37,502 Charges for Services 309,452 309,452 213,257 (96,195) Other Revenue 205,389 205,389 102,130 (103,259) Total Revenues 1,646,844 1,646,844 1,485,585 (161,259) Expenditures: Administration 335,363 384,638 385,666 (1,028) Operations 2,799,132 2,825,060 2,505,693 319,367 Wash Bay 258,039 264,552 240,429 24,123 Mobility Programs 349,718 356,632 339,450 17,182 Total Expenditures 3,742,252 3,830,882 3,471,238 359,644 Excess (Deficiency) of Revenues Over (Under) Expenditures (2,095,408) (2,184,038) (1,985,653) 198,385 Other Financing Sources (Uses): Transfers In: General Fund 1,500,000 1,500,000 1,500,000 - Capital Projects Fund - - - - Total Other Financing Sources (Uses)1,500,000 1,500,000 1,500,000 - Net Change in Fund Balances (595,408) (684,038) (485,653) 198,385 Fund Balances, Beginning of Year 1,382,370 1,382,370 1,382,370 - Fund Balances, End of Year 786,962$ 698,332$ 896,717$ 198,385$ Fund Balances at December 31, 2023, is computed as follows: Current Assets 1,319,816$ Less: Current Liabilities and Deferred Inflows of Resources (462,470) Add: Current Portion of Capital Leases Payable 39,371 Fund Balances - December 31, 2023 896,717$ Budgeted Amounts 75 Preliminary Draft RECONCILIATION OF NET CHANGE IN FUND BALANCES (BUDGETARY BASIS) TO CHANGE IN NET POSITION (GAAP BASIS) Net Change in Fund Balances (Budgetary Basis)(485,653)$ Adjustments to Reconcile Budgetary Basis to GAAP Basis Principal Paid on Capital Leases 38,069 Capitization of Capital Assets 1,139,111 Loss on Disposal of Capital Assets (5,000) Depreciation (710,724) Total Adjustments 461,456 Change in Net Position (GAAP Basis)(24,197)$ 76 Preliminary Draft TOWN OF AVON, COLORADO FLEET MAINTENANCE FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2022 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues: Charges for Services: Third-party Fleet Maintenance Charges 879,060$ 947,810$ 1,137,662$ 189,852$ Departmental Fleet Maintenance Services 670,204 670,204 738,847 68,643 Fuel Mark-up 20,000 20,000 53,503 33,503 Other Revenues 806,250 806,250 29,258 (776,992) Total Revenues 2,375,514 2,444,264 1,959,270 (484,994) Expenditures: Fleet Maintenance 2,976,775 3,066,632 2,190,900 875,732 Total Expenditures 2,976,775 3,066,632 2,190,900 875,732 Excess (Deficiency) of Revenues Over (Under) Expenditures (601,261) (622,368) (231,630) 390,738 Other Financing Sources (Uses): Transfers In: General Fund 200,000 200,000 200,000 - Debt Service Fund 197,204 197,204 197,204 Capital Projects Fund 201,562 201,562 201,562 - Total Other Financing Sources (Uses)598,766 598,766 598,766 - Net Change in Fund Balances (2,495) (23,602) 367,136 390,738 Fund Balances, Beginning of Year 429,071 512,200 512,200 - Fund Balances, End of Year 426,576$ 488,598$ 879,336$ 390,738$ Fund Balances at December 31, 2023, is computed as follows: Current Assets 1,209,946$ Less: Current Liabilities (507,610) Add: Current Portion of Certificates of Participation 177,000 Fund Balances - December 31, 2023 879,336$ Budgeted Amounts 77 Preliminary Draft RECONCILIATION OF NET CHANGE IN FUND BALANCES (BUDGETARY BASIS) TO CHANGE IN NET POSITION (GAAP BASIS) Net Change in Fund Balances (Budgetary Basis)367,136$ Adjustments to Reconcile Budgetary Basis to GAAP Basis Principal Paid on Certificates of Participation 179,000 Loss on Disposal of Capital Assets (4,000) Amortization of Deferred Charge on Refunding of Debt (1,732) Depreciation (148,907) Total Adjustments 24,361 Change in Net Position (GAAP Basis)391,497$ 78 Preliminary Draft INTERNAL SERVICE FUNDS Internal service funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the Town and to other government units, on a cost reimbursement basis. Equipment Replacement Fund – This fund is used to account for the rental of certain vehicles and equipment to other departments for the accumulation of funds for future replacement. 79 Preliminary Draft TOWN OF AVON, COLORADO EQUIPMENT REPLACEMENT FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Original Final Amounts (Negative) Revenues: Charges for Services: Equipment Replacement Charges 1,223,835$ 1,223,835$ 1,223,835$ -$ Investment Earnings 90,000 120,000 147,867 27,867 Other Revenues - - 21,073 21,073 Total Revenues 1,313,835 1,343,835 1,392,775 48,940 Expenditures: Capital Outlay: Fleet and Heavy Equipment 1,866,831 1,975,668 840,601 1,135,067 Recreation Center Equipment & Improvements 359,005 359,005 354,359 4,646 Computer and Office Equipment 78,815 108,087 145,258 (37,171) Machinery and Equipment - 12,000 112,910 (100,910) Heat Recovery 87,500 87,500 - 87,500 Total Expenditures 2,392,151 2,542,260 1,453,128 1,089,132 Excess (Deficiency) of Revenues Over (Under) Expenditures (1,078,316) (1,198,425) (60,353) 1,138,072 Other Financing Sources (Uses): Transfers In: Capital Projects Fund 470,004 505,922 505,922 - Sales of Capital Assets 75,000 75,000 109,568 34,568 Total Other Financing Sources (Uses)545,004 580,922 615,490 34,568 Net Change in Fund Balances (533,312) (617,503) 555,137 1,172,640 Fund Balances, Beginning of Year 4,104,865 4,257,684 4,257,684 - Fund Balances, End of Year 3,571,553$ 3,640,181$ 4,812,821$ 1,172,640$ Fund Balances at December 31, 2023, is computed as follows: Current Assets 5,046,471$ Less: Current Liabilities (288,091) Add: Current Portion of Capital Leases Payable 54,441 Fund Balances - December 31, 2023 4,812,821$ Budgeted Amounts 80 Preliminary Draft RECONCILIATION OF NET CHANGE IN FUND BALANCES (BUDGETARY BASIS) TO CHANGE IN NET POSITION (GAAP BASIS) Net Change in Fund Balances (Budgetary Basis)555,137$ Basis to GAAP Basis Capitalization of Capital Assets 1,421,634 Book Value of Capital Assets Disposed (29,184) Transfers In of Non-financial Resources 894,681 Depreciation (788,515) Total Adjustments 1,498,616 Change in Net Position (GAAP Basis)2,053,753$ 81 Preliminary Draft MISCELLANEOUS SCHEDULES 82 Preliminary Draft TOWN OF AVON, COLORADO DEBT SCHEDULE DECEMBER 31, 2023 Date Interest Maturity Amount Amount Purpose Issued Rate Date Issued Outstanding Principal Interest Revenue Bonds: Series 2017, Avon URA Tax Increment Revenue Bonds 1/5/17 2.90%12/1/31 3,000,000$ 1,757,123$ 197,867$ 50,216$ Series 2020, Avon URA Tax Increment Revenue Loan 5/1/20 2.11%12/1/28 4,111,000 2,352,000 451,000 49,627 Total Revenue Bonds 7,111,000 4,109,123 648,867 99,843 Certificates of Participation: Series 2014B, Certificates of Participation 1/14/15 3.03%12/1/29 3,800,000 1,720,000 265,000 52,116 Series 2016, Certificates of Participation 8/2/16 2.00%-4.00%12/1/35 6,300,000 4,385,000 305,000 136,175 Series 2020, Refunding Certificates of Participation 9/2/20 1.23%12/1/30 3,983,000 2,576,000 355,000 31,685 Total Certificates of Participation 14,083,000 8,681,000 925,000 219,976 Capital Lease Obligations Master Lease-Purchase, Clayton Holdings 10/5/17 2.35%11/27/24 355,818 54,441 54,441 55,720 Master Lease-Purchase, Clayton Holdings 8/24/18 3.39%8/24/25 258,258 80,087 39,371 2,384 Total Capital Lease Obligations 614,076 134,528 93,812 58,104 Total Long-term Debt 21,808,076$ 12,924,651$ 1,667,679$ 377,923$ Payments Due Schedule of Indebtedness In 2024 83 Preliminary Draft TOWN OF AVON, COLORADO DETAILED SCHEDULE OF GENERAL FUND EXPENDITURES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Description Original Final Amounts (Negative) General Government: Mayor and Town Council 285,244$ 286,744$ 254,795$ 31,949$ Town Attorney 245,000 245,000 202,010 42,990 Town Clerk 162,701 168,801 170,912 (2,111) Municipal Court 228,333 235,999 215,414 20,585 Administrative Services 831,640 845,694 829,323 16,371 Human Resources 596,534 676,488 642,058 34,430 Community Relations 349,766 355,857 300,832 55,025 Economic Development 282,170 465,770 350,875 114,895 Special Events 1,247,371 1,282,040 1,195,872 86,168 Community Grants 120,250 121,250 119,000 2,250 Sustainability 191,212 268,926 187,275 81,651 Subtotal General Government 4,540,221 4,952,569 4,468,366 484,203 Finance and Information Technology: Finance 1,213,846 1,242,371 1,119,389 122,982 Information Systems 612,770 659,918 613,975 45,943 Nondepartmental 544,483 506,288 481,119 25,169 Subtotal Finance and Administration 2,371,099 2,408,577 2,214,483 194,094 Total General Government, Finance and Administraion 6,911,320 7,361,146 6,682,849 678,297 Community Development: Boards and Commissions 17,093 17,093 12,201 4,892 Planning 580,727 581,643 584,375 (2,732) Building Inspection 502,788 395,300 329,307 65,993 Total Community Development 1,100,608 994,036 925,883 68,153 Public Safety: Police Administration 998,762 1,019,027 1,069,447 (50,420) Patrol 3,865,033 4,024,522 3,886,229 138,293 Investigations 314,187 320,972 396,012 (75,040) Code Enforcement - 152,137 165,085 (12,948) Total Public Safety 5,177,982 5,516,658 5,516,773 (115) Budgeted Amounts 84 Preliminary Draft Variance with Final Budget - Actual Positive Description Original Final Amounts (Negative) Public Works Administration 355,469$ 416,904$ 429,434$ (12,530)$ Engineering 758,538 872,667 654,521 218,146 Roads and Bridges 3,986,003 4,042,850 3,912,460 130,390 Parks and Grounds 1,040,806 1,132,102 1,030,176 101,926 Buildings and Facilities 2,028,659 2,120,480 2,119,894 586 Total Public Works 8,169,475 8,585,003 8,146,485 438,518 Recreation: Administration 237,923 275,616 275,898 (282) Adult Programs 63,249 64,640 48,827 15,813 Aquatics 905,307 927,437 824,373 103,064 Fitness 310,386 314,108 297,560 16,548 Guest Services 594,290 612,986 590,377 22,609 Youth Programs 358,698 351,314 193,336 157,978 Community Swim Program 223,010 227,787 219,727 8,060 Total Recreation 2,692,863 2,773,888 2,450,098 323,790 TOTAL EXPENDITURES 24,052,248$ 25,230,731$ 23,722,088$ 1,508,643$ Budgeted Amounts 85 Preliminary Draft TOWN OF AVON, COLORADO DETAILED SCHEDULE OF GENERAL FUND REVENUES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Final Budget - Actual Positive Description Original Final Amounts (Negative) Taxes: General Property Tax 2,083,188$ 2,083,188$ 2,086,974$ 3,786$ General Property Tax - Delinquent Collections 500 500 181 (319) General Property Tax - Interest and Penalties 1,900 1,900 2,275 375 General Property Tax - Abatements - - (1) (1) Specific Ownership Tax 130,000 130,000 137,110 7,110 Sales Tax 12,730,885 12,730,885 13,054,193 323,308 Utility Tax 120,000 120,000 154,918 34,918 Accommodations Tax 2,671,268 2,671,268 2,323,443 (347,825) Penalties and Interest 50,000 50,000 64,548 14,548 Sales Tax Audit Assessments 50,000 50,000 13,300 (36,700) VAA Retail Sales Fee 950,000 950,000 1,051,948 101,948 Cigarette Excise Tax 245,000 245,000 254,014 9,014 Tobacco Tax 330,000 330,000 374,120 44,120 Franchise Fees 440,000 440,000 504,749 64,749 Total Taxes 19,802,741 19,802,741 20,021,772 219,031 Licenses and Permits: Liquor Licenses 8,300 8,300 9,104 804 Business Licenses 150,000 150,000 228,125 78,125 Contractor's Licenses 18,625 18,625 23,280 4,655 Tobacco / Cigarette Retailers License 1,750 1,750 3,000 1,250 Booting/Towing Licenses 600 600 450 (150) Building Permits 190,000 190,000 276,075 86,075 Road Cut Permits 9,000 9,000 60,937 51,937 Mobile Vendor Cart Permits 175 175 700 525 Total Licenses and Permits 378,450 378,450 601,671 223,221 Intergovernmental: Federal: Click It or Ticket 3,000 3,000 - (3,000) Bulletproof Vest Partnership Program 2,000 2,000 2,143 143 State: LEAF Grant 12,500 12,500 - (12,500) High Visibility Grants 20,000 20,000 27,777 7,777 Colorado POST Grants 20,000 30,821 3,441 (27,380) DOLA Grants - - - - Other State Grants - 37,297 24,318 (12,979) Local Government/Other Agency Other Local Grants - - 8,836 8,836 Budgeted Amounts 86 Preliminary Draft Variance with Final Budget - Actual Positive Description Original Final Amounts (Negative) Intergovernmental: State/County Shared Revenue: Conservation Trust 80,000$ 80,000$ 84,408$ 4,408$ Motor Vehicle Registration 26,000 26,000 23,746 (2,254) Highway User's Tax 191,805 191,805 192,135 330 County Sales Tax 746,750 746,750 693,826 (52,924) Road & Bridge Fund 150,000 150,000 153,591 3,591 State Severance Tax 2,400 2,400 1,333 (1,067) Total Intergovernmental 1,254,455 1,302,573 1,215,554 (87,019) Charges for Services: General Government: Photocopying Charges 100 100 - (100) License Hearing Fees 100 100 - (100) Other Fees and Charges 3,500 3,500 528 (2,972) Credit Card and Paper Filing Fees 2,500 2,500 3,413 913 Community Development: Plan Check Fees 120,000 120,000 168,369 48,369 Design Review Fees 15,000 15,000 6,029 (8,971) Animal Control Fees 150 150 - (150) Impact Fee Administrative Fees 1,500 1,500 4,408 2,908 Public Safety: Police Reports 1,000 1,000 811 (189) Off-duty Police Employment 25,000 25,000 15,848 (9,152) Fingerprinting Fees 500 500 830 330 VIN Inspection Fees 2,000 2,000 2,195 195 False Alarm Fees 75 75 30 (45) National Night Out - - - - DUI Reimbursement 15,000 15,000 12,319 (2,681) Avon Recreation Center: Admission Fees 1,100,000 1,100,000 1,313,110 213,110 Program Fees 30,000 30,000 28,746 (1,254) Facility Rentals 4,000 4,000 25,321 21,321 Merchandise Sales 10,000 10,000 9,471 (529) Other Recreation Center Services 8,600 8,600 10,786 2,186 Fitness Program Revenues 40,000 40,000 53,696 13,696 Swim Team Revenue 55,000 55,000 55,186 186 Private Lessons 30,000 30,000 19,364 (10,636) Budgeted Amounts 87 Preliminary Draft TOWN OF AVON, COLORADO DETAILED SCHEDULE OF GENERAL FUND REVENUES (BUDGETARY BASIS) - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 2023 (CONTINUED) Variance with Final Budget - Actual Positive Description Original Final Amounts (Negative) Charges for Services: General Recreation: Adult Program Revenues 11,000$ 19,000$ 28,765$ 9,765$ Cabin Equipment Rentals 50,000 50,000 38,325 (11,675) Athletic Field Rentals 240 240 220 (20) Cabin Concessions 700 700 86 (614) Youth Program Revenues 165,000 161,000 162,977 1,977 Special Events: Concession Sales 55,828 78,828 98,045 19,217 Sponsorships 10,000 - 1,350 1,350 Event Fees 13,500 15,800 15,573 (227) Special Event Admission Fees 3,000 2,791 1,851 (940) Pavillion Rentals 2,000 4,986 5,116 130 Total Charges for Services 1,775,293 1,797,370 2,082,768 285,398 Fines and Forfeitures: Court Fines - Traffic 23,000 23,000 18,945 (4,055) Court Fines - Criminal 6,500 6,500 18,760 12,260 Court Fines - Parking 3,000 3,000 2,390 (610) Court Costs 3,000 3,000 2,000 (1,000) Jury Fees 100 100 - (100) Bond Forfeitures 100 100 - (100) Police Training Surcharge 3,000 3,000 2,610 (390) Total Fines and Forfeitures 38,700 38,700 44,705 6,005 Investment Earnings 480,000 1,500,000 1,760,550 260,550 Miscellaneous Revenues: Recreational Amenity Fees 320,000 330,000 349,154 19,154 Lease of Town-owned Property 58,500 3,500 4,350 850 Miscellaneous Nonclassified Revenues 125,000 125,000 171,135 46,135 Total Miscellaneous Revenues 503,500 458,500 524,639 66,139 TOTAL REVENUES 24,233,139$ 25,278,334$ 26,251,659$ 973,325$ Budgeted Amounts 88 Preliminary Draft TOWN OF AVON, COLORADO SCHEDULE OF CAPITAL PROJECT FUND PROJECT EXPENDITURES (BUDGETARY BASIS) - BUDGET AND ACTUAL FROM INCEPTION AND FOR THE YEAR ENDED DECEMBER 31, 2023 Variance with Total Budget - Prior Current Project Positive Project Description Years Year Total Budget (Negative) CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: Utility Upgrades 483,673$ -$ 483,673$ 470,845$ (12,828)$ New Town Hall 2nd & 3rd Floor Updates 90,508 12,096 102,604 130,000 27,396 Nottingham Park East Improvements 319,887 39,277 359,164 2,850,000 2,490,836 Office Furniture 96,619 84,574 181,193 203,184 21,991 Building Access Controls - 52,311 52,311 70,000 17,689 Town Hall Front Entry ADA Access 13,225 5,545 18,770 25,000 6,230 511 Metcalf Road #G20 537,456 - 537,456 535,000 (2,456) Public Safety Facilities: PSF Parking Lot Canopy Design 20,000 - 20,000 20,000 - Wildridge Emergency Warning Siren 223,420 8,000 231,420 356,436 125,016 Public Works Facilities: Public Works Facilities Expansion Planning 14,774 235,623 250,397 600,000 349,603 Fleet and Transportation Facilities: Fleet Maintenance EPDM Roof Replacement 10,500 - 10,500 460,000 449,500 Bus Shelters 436,350 2,233 438,583 462,500 23,917 ARTF Roof Improvements / Snow 44,860 - 44,860 50,000 5,140 ARTF Roof Repair 75,701 1,000 76,701 90,000 13,299 ARFT - Overhead Door Replacement - 63,572 63,572 105,000 41,428 ARTF - HVAC Separation - 18,087 18,087 170,000 151,913 ARTF - Bus Wash Exit - 20,330 20,330 125,000 104,670 Cultural and Recreational Facilities: Pavilion Deck Railing and Floor Replacement 415,314 - 415,314 425,600 10,286 Recreation Center Locker Replacement 330,439 - 330,439 330,439 - Recreation Center HVAC Upgrade 52,445 252,303 304,748 250,000 (54,748) Recreation Center ADA Parking 20,000 - 20,000 20,865 865 Recreation Center Pool Replastering 204,140 - 204,140 205,000 860 Recreation Center Aquatics Remodel Design - 13,350 13,350 750,000 736,650 Water Slide Repair and Diving Board Replace.33,070 8,300 41,370 45,788 4,418 Sauna / Steamroom Remodel 7,867 109,318 117,185 75,000 (42,185) Public Art - "Mother's Pride"- 30,000 30,000 30,000 - Other Facilities EV Charging Stations 226,395 13,600 239,995 257,500 17,505 2120 Saddle Ridge Loop Window Replacement - 25,850 25,850 40,000 14,150 Heat Recovery Controls Replacement - 193,349 193,349 251,000 57,651 Land and Land Improvements: Nottingham Park West Courts Reconstruction 1,409,347 1,773 1,411,120 1,432,523 21,403 Wildland Fire Mitigation 40,000 40,000 80,000 40,000 (40,000) Powerline Undergrounding 1,533 - 1,533 120,000 118,467 North Restrooms - Nottingham Lake Beach 59,754 - 59,754 540,000 480,246 Park Fountain Replacement - 2,400 2,400 75,000 72,600 Eaglebend Park Improvements - 10,748 10,748 550,000 539,252 Actual Amounts 89 Preliminary Draft Variance with Total Budget - Prior Current Project Positive Project Description Years Year Total Budget (Negative) CAPITAL IMPROVEMENT PROJECTS Roads and Streets: Streetscape Improvements: Mall Activation Elements 26,579$ 9,637$ 36,216$ 40,000$ 3,784$ Avon Rd. / I70 Overpass Aesthetics Imp.1,135,669 - 1,135,669 1,150,000 14,331 Street Maintenance and Repair: Retaining Wall Repairs - Nottingham and Swift Gulch Rd.7,442 - 7,442 200,000 192,558 Avon Road Safety Improvements 69,196 51,567 120,763 150,000 29,237 Hurd Lane Intersection Improvements 9,957 - 9,957 20,000 10,043 West B/C Blvd. - US Hwy 6 to Avon Elem.29,470 952,936 982,406 860,000 (122,406) Buck Creek Repairs 582,985 - 582,985 800,000 217,015 Fawcett Rd. Asphalt Overlay 25,456 362,023 387,479 440,000 52,521 Metcalf Rd. Culvert Repair 43,820 440,720 484,540 450,000 (34,540) Nottingham/Wildridge Culvert Repair 125,000 125,000 125,000 - Metcalf Rd. Manhole Repair 15,055 - 15,055 14,000 (1,055) Millie's Lane Asphalt overlay 42,683 - 42,683 46,523 3,840 East B/C Blvd. Repair Project 28,806 - 28,806 28,806 - Annual Guardrail Repair 51,933 31,736 83,669 40,000 (43,669) Asphalt Seal Coat Roadway & Parking Lots - 111,610 111,610 100,000 (11,610) Upper Buck Creek Reapairs/Asphalt Overlay - 5,040 5,040 1,292,748 1,287,708 River Bridge Deck Repairs Railing Upgrade - 5,680 5,680 250,000 244,320 Avon Road Pedestrian Crosswalk Repairs - 49,266 49,266 50,000 734 Multi-Modal/Alternative Mobility: US Hwy 6 & Stonebridge Rd. Roundabout 369,712 120,919 490,631 4,600,000 4,109,369 June Creek Emergency Access 8,918 10,505 19,423 110,000 90,577 Recreational Trails Program: Lee's Way Trail Rebuild 600 - 600 50,000 49,400 Recreation Trail Path Reconstruction 13,238 83,422 96,660 866,000 769,340 Water Projects: Nottingham Rd. Debris Flow Study and Imp.554,140 32,438 586,578 600,810 14,232 Nottingham/Wildridge Culvert Repairs - 125,000 125,000 125,000 - Nottingham-Puder Ditch Piping 23,512 867,279 890,791 818,750 (72,041) Planning and Consulting: Schematic Design / Final Design - West Main St.31,544 107,619 139,163 275,000 135,837 Facilities Reserve Study - 57,675 57,675 75,000 17,325 Communications and Technology: Finance/Comm Dev. ERP System 187,875 (8,780) 179,095 275,290 96,195 Broadband 44,598 1,930 46,528 125,000 78,472 Mini-split NTH Data Center 12,070 - 12,070 20,000 7,930 Microsoft Teams Phone System Migration 38,547 12,808 51,355 64,413 13,058 Nottingham Park Wi-Fi Access - 19,119 19,119 150,000 130,881 Surveillance NVR Server Consolidation 22,201 - 22,201 32,000 9,799 Total Capital Improvement Projects 8,543,283$ 4,818,788$ 13,362,071$ 26,406,020$ 12,504,697$ Actual Amounts 90 Preliminary Draft Form Approved The public report burden for this information collection is estimated to average 380 hours annually. OMB No. 2125-0032 STATE:COUNTY: COLORADO Avon YEAR ENDING (mm/yy): December 2023 This Information From The Records Of:Prepared By:Joel McCracken 970-748-4019 A. Local B. Local C. Receipts from D. Receipts from ITEM Motor-Fuel Motor-Vehicle State Highway-Federal Highway Taxes Taxes User Taxes Administration 1. Total receipts available 2. Minus amount used for collection expenses 3. Minus amount used for nonhighway purposes 4. Minus amount used for mass transit 5. Remainder used for highway purposes ITEM AMOUNT AMOUNT A. Receipts from local sources:A. Local highway expenditures: 1. Local highway-user taxes 1. Capital outlay (from page 2)-$ a. Motor Fuel (from Item I.A.5.)-$ 2. Maintenance:3,967,901.00$ b. Motor Vehicle (from Item I.B.5.)-$ 3. Road and street services: c. Total (a.+b.)-$ a. Traffic control operations 103,095.00$ 2. General fund appropriations 3,505,607.00$ b. Snow and ice removal 985,880.00$ 3. Other local imposts (from page 2)137,111.00$ c. Other 4. Miscellaneous local receipts (from page 2)2,078,994.00$ d. Total (a. through c.)1,088,975.00$ 5. Transfers from toll facilities 4. General administration & miscellaneous 6. Proceeds of sale of bonds and notes: 5. Highway law enforcement and safety 582,528.00$ a. Bonds - Original Issues 6. Total (1 through 5)5,639,404.00$ b. Bonds - Refunding Issues B. Debt service on local obligations: c. Notes 1. Bonds: d. Total (a. + b. + c.)-$ a. Interest 59,994.00$ 7. Total (1 through 6)5,721,712.00$ b. Redemption 260,000.00$ B. Private Contributions c. Total (a. + b.)319,994.00$ C. Receipts from State government 2. Notes: 237,686.00$ a. Interest D. Receipts from Federal Government b. Redemption -$ c. Total (a. + b.)-$ E. Total receipts (A.7 + B + C + D)5,959,398.00$ 3. Total (1.c + 2.c)319,994.00$ C. Payments to State for highways D. Payments to toll facilities E. Total expenditures (A.6 + B.3 + C + D)5,959,398.00$ Opening Debt Amount Issued Redemptions Closing Debt A. Bonds (Total)1,980,000.00$ 260,000.00$ 1,720,000.00$ 1. Bonds (Refunding Portion)-$ B. Notes (Total)-$ A. Beginning Balance B. Total Receipts C. Total Disbursements D. Ending Balance E. Reconciliation 5,959,398.00$ 5,959,398.00$ -$ Notes and Comments: FORM FHWA-536 (Rev.06/2000) PREVIOUS EDITIONS OBSOLETE Excel (Next Page) page 1 LOCAL HIGHWAY FINANCE REPORT I. DISPOSITION OF HIGHWAY-USER REVENUES AVAILABLE FOR LOCAL GOVERNMENT EXPENDITURE II. RECEIPTS FOR ROAD AND STREET PURPOSES III. EXPENDITURES FOR ROAD AND STREET PURPOSES ITEM (from page 2) (from page 2) IV. LOCAL HIGHWAY DEBT STATUS (Show all entries at par) V. LOCAL ROAD AND STREET FUND BALANCE (RECEIPTS AND DISBURSEMENTS ONLY) 91 Preliminary Draft STATE: COLORADOYEAR ENDING (mm/yy): December 2023 AMOUNT AMOUNT A.3. Other local imposts:A.4. Miscellaneous local receipts: a. Property Taxes and Assesments a. Interest on investments b. Other local imposts:b. Traffic Fines & Penalties 1. Sales Taxes c. Parking Garage Fees 2. Infrastructure & Impact Fees d. Parking Meter Fees 3. Liens e. Sale of Surplus Property 4. Licenses f. Charges for Services 5. Specific Ownership &/or Other 137,111.00$ g. Other Misc. Receipts 6. Total (1. through 5.)137,111.00$ h. Other CIP 2,078,994.00$ c. Total (a. + b.)137,111.00$ i. Total (a. through h.)2,078,994.00$ AMOUNT AMOUNT C. Receipts from State Government D. Receipts from Federal Government 1. Highway-user taxes (from Item I.C.5.)212,227.00$ 1. FHWA (from Item I.D.5.)-$ 2. State general funds 2. Other Federal agencies: 3. Other State funds: a. Forest Service a. State bond proceeds b. FEMA b. Project Match c. HUD c. Motor Vehicle Registrations 25,459.00$ d. Federal Transit Administration d. DOLA Grant e. U.S. Corps of Engineers e. Other f. Other Federal ARPA f. Total (a. through e.)25,459.00$ g. Total (a. through f.)-$ 4. Total (1. + 2. + 3.f)237,686.00$ 3. Total (1. + 2.g)-$ ON NATIONAL OFF NATIONALHIGHWAYHIGHWAY TOTAL SYSTEM SYSTEM (a)(b)(c) A.1. Capital outlay: a. Right-Of-Way Costs -$ b. Engineering Costs -$ c. Construction: (1). New Facilities -$ (2). Capacity Improvements -$ (3). System Preservation -$ (4). System Enhancement And Operation -$ (5). Total Construction (1)+(2)+(3)+(4)-$ -$ -$ d. Total Capital Outlay (Lines 1.a. + 1.b. + 1.c.4)-$ -$ -$ Notes and Comments: FORM FHWA-536 page 2 LOCAL HIGHWAY FINANCE REPORT II. RECEIPTS FOR ROAD AND STREET PURPOSES - DETAIL ITEM ITEM (Carry forward to page 1) (Carry forward to page 1) ITEMITEM (Carry forward to page 1) (Carry forward to page 1) III. EXPENDITURES FOR ROAD AND STREET PURPOSES - DETAIL (Carry forward to page 1) 92 Preliminary Draft iv THIS PAGE INTENTIONALLY LEFT BLANK 93 Preliminary Draft STATISTICAL SECTION This section of the Town of Avon’s comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the Town’s overall financial health. Financial Trends (Pages 98-106) – These schedules contain trend information to help readers understand how the Town’s financial performance and well-being have changed over time. Revenue Capacity (Pages 107-111) – These schedules contain information to help readers understand and assess the factors affecting the Town’s ability to generate its own-source revenues, specifically property taxes. Debt Capacity (Pages 112-115) – These schedules present information to help readers understand and assess the Town’s debt burden and ability to issue additional debt. Demographic and Economic Information (Pages 116-118) – These schedules offer demographic and economic information to help readers understand the environment in which the Town’s financial activities take place and to provide information that facilitates comparisons of financial statement information over time and among other local governments. Operating Information (Pages 119-121) – These schedules contain service and infrastructure information to help readers understand how the information in the Town’s financial report relates to the services the Town provides and the activities it performs. 94 Preliminary Draft TOWN OF AVON, COLORADO NET POSITION BY COMPONENT LAST TEN FISCAL YEARS 2014 2015 2016 2017 Governmental Activities Net Investment in Capital Assets 64,112,399$ 60,000,945$ 58,088,785$ 56,693,531$ Restricted For: Emergencies 598,376 552,335 664,805 688,786 Debt Service 1,136,228 1,157,629 1,169,163 1,175,301 Capital Improvements 3,386,451 6,198,817 5,921,087 3,373,917 Urban Renewal 305,379 404,048 555,167 717,740 Purposes of Grantors 929,226 1,106,628 142,100 192,173 Unrestricted 10,466,381 11,283,921 16,341,288 20,329,098 Total Governmental Activities Net Position 80,934,440$ 80,704,323$ 82,882,395$ 83,170,546$ Business-type Activities Net Investment in Capital Assets 12,097,298$ 11,633,282$ 11,430,538$ 11,424,412$ Unrestricted 843,503 859,368 908,749 710,428 Total Business-type Activities Net Position 12,940,801$ 12,492,650$ 12,339,287$ 12,134,840$ Primary Government Net Investment in Capital Assets 76,209,697$ 71,634,227$ 69,519,323$ 68,117,943$ Restricted 6,355,660 9,419,457 8,452,322 6,147,917 Unrestricted 11,309,884 12,143,289 17,250,037 21,039,526 Total Primary Government Net Position 93,875,241$ 93,196,973$ 95,221,682$ 95,305,386$ Source: Town of Avon Finance Department Fiscal Year 95 Preliminary Draft 2018 2019 2020 2021 2022 2023 60,092,867$ 60,035,630$ 59,208,071$ 60,606,346$ 64,269,372$ 67,538,798$ 693,001 805,865 829,650 980,080 1,101,215 1,167,831 1,163,056 1,162,093 - - - - 702,390 657,821 657,821 451,280 450,230 423,144 - - 22,942 95,276 177,047 285,495 267,911 691,828 886,122 1,023,435 3,015,098 3,827,722 20,540,937 22,762,477 29,333,839 34,975,834 40,410,798 44,085,337 83,460,162$ 86,115,714$ 90,938,445$ 98,132,251$ 109,423,760$ 117,328,327$ 10,877,907$ 10,401,752$ 10,299,819$ 10,940,758$ 12,946,887$ 13,432,704$ 652,622 540,075 914,845 1,955,681 1,894,570 1,776,053 11,530,529$ 10,941,827$ 11,214,664$ 12,896,439$ 14,841,457$ 15,208,757$ 70,970,774$ 70,437,382$ 69,507,890$ 71,547,104$ 77,216,259$ 80,971,502$ 2,826,358 3,317,607 2,396,535 2,550,071 4,743,590 5,704,192 21,193,559 23,302,552 30,248,684 36,931,515 42,305,368 45,861,390 94,990,691$ 97,057,541$ 102,153,109$ 111,028,690$ 124,265,217$ 132,537,084$ Fiscal Year Fiscal Year 96 Preliminary Draft TOWN OF AVON, COLORADO CHANGES IN NET POSITION LAST TEN FISCAL YEARS 2014 2015 2016 2017 Expenses Governmental Activities: General Government 3,186,870$ 3,042,126$ 3,291,190$ 3,500,101$ Community Development 463,821 1,341,706 1,202,097 1,617,329 Public Safety 2,792,174 3,039,333 3,214,680 3,703,871 Public Works and Utilities 7,179,132 8,458,218 9,656,808 9,026,700 Recreation and Culture 2,061,033 1,430,648 1,584,531 1,684,492 Mobility - - - - Interest and Fiscal Charges on Long-term Debt 504,343 639,267 754,238 796,462 Total Governmental Activity Expenses 16,187,373 17,951,298 19,703,544 20,328,955 Business-type Activities: Transportation 1,686,778 1,979,505 1,963,223 2,253,558 Fleet Maintenance 1,609,134 1,506,138 1,623,046 1,655,774 Total Business-type Activity Expenses 3,295,912 3,485,643 3,586,269 3,909,332 Total Primary Government Expenses 19,483,285$ 21,436,941$ 23,289,813$ 24,238,287$ Program Revenues Governmental Activities: Charges for Services: General Government 163,429$ 219,364$ 239,199$ 294,431$ Community Development 279,179 380,130 369,867 396,731 Public Safety 66,662 69,629 99,862 64,275 Public Works and Utilities 564,090 764,549 698,195 287,151 Recreation and Culture 1,092,276 1,238,395 1,334,056 1,519,254 Operating Grants and Contributions 52,151 11,713 104,217 84,761 Capital Grants and Contributions 1,027,911 61,779 1,816,456 31,237 Total Governmental Activity Program Revenues 3,245,698 2,745,559 4,661,852 2,677,840 Business-type Activities: Charges for Services 1,645,083 1,670,213 1,557,439 1,482,770 Operating Grants and Contributions - - - - Capital Grants and Contributions - - 100,000 328,000 Total Business-type Activity Program Revenues 1,645,083 1,670,213 1,657,439 1,810,770 Total Primary Government Program Revenues 4,890,781$ 4,415,772$ 6,319,291$ 4,488,610$ Net (Expense) Revenue Governmental Activities (12,941,675)$ (15,205,739)$ (15,041,692)$ (17,651,115)$ Business-type Activities (1,650,829) (1,815,430) (1,928,830) (2,098,562) Total Primary Government Net Expense (14,592,504)$ (17,021,169)$ (16,970,522)$ (19,749,677)$ Fiscal Year 97 Preliminary Draft 2018 2019 2020 2021 2022 2023 3,661,274$ 5,968,157$ 5,809,422$ 6,169,567$ 6,028,279$ 7,399,224$ 1,454,581 557,539 513,004 536,564 658,989 925,098 3,983,349 4,310,801 4,466,597 4,372,460 4,792,423 5,804,502 9,448,309 8,134,954 8,245,335 8,481,110 9,094,216 11,447,522 1,978,431 2,160,389 1,814,889 1,917,182 2,196,340 2,812,965 - - - 84,167 88,266 91,785 720,441 617,694 538,010 412,275 380,278 343,233 21,246,385 21,749,534 21,387,257 21,973,325 23,238,791 28,824,329 2,272,401 2,502,195 2,325,260 2,465,889 2,926,168 3,009,782 1,720,433 1,780,524 1,784,854 1,637,288 1,849,994 2,150,931 3,992,834 4,282,719 4,110,114 4,103,177 4,776,162 5,160,713 25,239,219$ 26,032,253$ 25,497,371$ 26,076,502$ 28,014,953$ 33,985,042$ 272,153$ 280,165$ 197,989$ 333,474$ 358,198$ 81,956$ 395,239 843,810 421,822 604,037 2,213,641 212,229 93,646 60,017 41,786 30,031 30,279 32,033 233,982 484,271 195,682 319,428 524,886 624,048 1,458,802 1,385,312 744,429 1,141,324 1,587,555 1,867,988 75,430 89,873 826,152 104,842 182,916 1,204,555 491,600 815 37,206 48,128 47,135 - 3,020,852 3,144,263 2,465,066 2,581,264 4,944,610 4,022,809 1,564,465 1,644,868 1,813,132 1,656,035 1,989,517 2,143,269 75,000 245,980 646,470 1,025,745 431,912 400,563 - - - 967,643 1,576,477 838,719 1,639,465 1,890,848 2,459,602 3,649,423 3,997,906 3,382,551 4,660,317$ 5,035,111$ 4,924,668$ 6,230,687$ 8,942,516$ 7,405,360$ (18,225,533)$ (18,605,271)$ (18,922,191)$ (19,392,061)$ (18,294,181)$ (24,801,520)$ (2,353,369) (2,391,871) (1,650,512) (453,754) (778,256) (1,778,162) (20,578,902)$ (20,997,142)$ (20,572,703)$ (19,845,815)$ (19,072,437)$ (26,579,682)$ Fiscal Year 98 Preliminary Draft TOWN OF AVON, COLORADO CHANGES IN NET POSITION (CONTINUED) LAST TEN FISCAL YEARS 2014 2015 2016 2017 General Revenues and Other Changes in Net Position Governmental Activities: Taxes: Property Taxes 2,873,055$ 2,904,509$ 3,315,020$ 2,876,177$ Real Estate Transfer Taxes 3,764,526 2,369,314 3,497,602 4,411,530 Sales and Accommodation Taxes 8,089,010 8,754,673 9,540,260 9,437,658 Other Taxes 1,197,603 1,208,352 1,389,896 1,385,171 Unrestricted Investment Earnings 45,844 53,161 139,665 178,997 Grants and Contributions Not Restricted to Specific Programs 883,884 482,769 513,912 913,784 Miscellaneous 500,925 529,843 558,618 589,767 Capital Contributions 24,063,281 - (150,215) (103,403) Transfers (1,160,000) (1,326,999) (1,584,994) (1,750,415) Total Governmental Activities 40,258,128 14,975,622 17,219,764 17,939,266 Business-type Activities: Property Taxes 40,079 40,280 40,258 40,297 Capital Contributions 24,897 - 150,215 103,403 Transfers 1,160,000 1,326,999 1,584,994 1,750,415 Total Business-type Activities 1,224,976 1,367,279 1,775,467 1,894,115 Total Primary Government 41,483,104$ 16,342,901$ 18,995,231$ 19,833,381$ Change in Net Position Governmental Activities 27,316,453$ (230,117)$ 2,178,072$ 288,151$ Business-type Activities (425,853) (448,151) (153,363) (204,447) Total Primary Government 26,890,600$ (678,268)$ 2,024,709$ 83,704$ Source: Town of Avon Finance Department Fiscal Year 99 Preliminary Draft 2018 2019 2020 2021 2022 2023 3,260,557$ 3,226,470$ 3,727,486$ 3,672,627$ 3,996,579$ 4,001,831$ 3,621,125 5,001,145 5,998,950 7,354,186 5,971,192 6,529,287 10,595,905 11,438,117 11,303,195 13,820,404 16,868,418 16,419,000 641,144 990,898 996,839 2,120,037 2,345,389 2,554,707 398,998 549,998 288,927 (7,865) 452,949 2,338,345 932,146 968,549 918,375 1,052,084 1,173,123 1,376,087 772,766 847,185 2,392,866 667,854 949,072 1,585,596 - (61,539) - - - - (1,707,492) (1,700,000) (1,881,716) (2,093,460) (2,172,578) (2,098,766) 18,515,149 21,260,823 23,744,922 26,585,867 29,584,144 32,706,087 41,566 41,630 41,633 42,069 46,707 46,696 - 61,539 - - - - 1,707,492 1,700,000 1,881,716 2,093,460 2,676,567 2,098,766 1,749,058 1,803,169 1,923,349 2,135,529 2,723,274 2,145,462 20,264,207$ 23,063,992$ 25,668,271$ 28,721,396$ 32,307,418$ 34,851,549$ 289,616$ 2,655,552$ 4,822,731$ 7,193,806$ 11,289,963$ 7,904,567$ (604,311) (588,702) 272,837 1,681,775 1,945,018 367,300 (314,695)$ 2,066,850$ 5,095,568$ 8,875,581$ 13,234,981$ 8,271,867$ Fiscal Year 100 Preliminary Draft TOWN OF AVON, COLORADO CHANGES IN FUND BALANCES, GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS 2014 2015 2016 2017 Revenues Taxes 15,924,194$ 15,236,848$ 17,742,776$ 18,148,536$ Licenses and Permits 210,636 335,741 259,997 374,311 Intergovernmental 1,963,946 989,546 2,868,277 1,029,782 Charges for Services 1,757,625 1,682,724 1,772,510 2,005,812 Fines and Forfeitures 131,513 129,356 91,014 94,311 Investment Earnings 45,827 53,158 139,665 178,997 Other Revenues 503,354 532,353 651,603 664,037 Total Revenues 20,537,095 18,959,726 23,525,842 22,495,786 Expenditures Current: General Government and Housing 3,084,616 2,916,095 3,119,007 3,379,282 Community Development 456,063 1,348,166 1,201,086 1,505,073 Public Safety 2,726,711 3,007,164 3,122,942 3,416,991 Public Works and Utilities 3,799,489 4,080,272 5,067,825 4,318,222 Recreation and Culture 1,654,078 1,147,149 1,293,277 1,436,483 Capital Improvements 7,927,709 3,284,852 8,864,565 6,721,147 Debt Service: Principal 1,491,042 1,264,966 1,382,506 1,239,743 Interest 453,883 503,269 473,674 746,385 Bond Issuance Costs - 80,569 147,270 41,162 Fiscal Charges 51,007 41,289 54,071 81,625 Total Expenditures 21,644,598 17,673,791 24,726,223 22,886,113 Excess (Defieiency) of Revenues Over (Under) Expenditures (1,107,503) 1,285,935 (1,200,381) (390,327) Other Financing Sources (Uses) Transfers In 4,888,511 4,361,441 2,819,319 5,508,421 Transfers Out (6,048,511) (5,138,440) (4,404,313) (7,258,836) Debt/Lease Issuance Proceeds - 3,800,000 6,300,000 3,080,204 Payments to Escrow Agent - - - - Sales of Capital Assets - - - - Total Other Financing Sources (Uses)(1,160,000) 3,023,001 4,715,006 1,329,789 Net Change in Fund Balances (2,267,503)$ 4,308,936$ 3,514,625$ 939,462$ Debt Service as a Percentage of Noncapital Expenditures 12.95%11.37%10.95%10.85% Source: Town of Avon Finance Department Fiscal Year 101 Preliminary Draft 2018 2019 2020 2021 2022 2023 18,118,731$ 20,656,630$ 22,026,470$ 26,967,254$ 29,181,578$ 29,504,825$ 398,860 752,345 388,494 461,647 1,636,380 638,122 1,499,176 1,156,632 1,781,733 1,205,054 1,403,174 1,817,431 1,927,701 2,181,861 1,173,521 1,742,352 2,974,983 2,818,254 52,220 51,535 39,693 45,753 28,191 44,705 398,998 549,998 288,927 (8,035) 415,982 2,190,478 748,101 838,635 2,367,398 669,460 920,665 669,842 23,143,787 26,187,636 28,066,236 31,083,485 36,560,953 37,683,657 3,636,761 4,982,737 5,522,841 6,081,429 6,807,714 7,086,072 1,342,798 521,129 500,739 551,138 653,294 949,715 3,690,530 3,984,465 4,050,935 4,169,397 5,044,825 5,516,773 4,310,596 4,397,725 4,067,683 4,612,171 6,084,870 8,259,626 1,585,571 1,703,007 1,311,887 1,622,206 2,018,510 2,450,098 8,449,771 3,532,547 2,111,194 4,542,239 5,153,940 5,063,521 1,371,210 1,335,902 1,414,010 1,387,925 1,386,616 1,421,365 666,120 624,162 429,221 403,078 371,833 340,382 - - 113,525 - - - 63,337 10,060 7,084 9,351 7,946 6,620 25,116,694 21,091,734 19,529,119 23,378,934 27,529,548 31,094,172 (1,972,907) 5,095,902 8,537,117 7,704,551 9,031,405 6,589,485 3,266,471 1,623,043 2,205,115 2,238,633 3,622,088 4,507,571 (5,016,471) (3,323,043) (4,086,831) (4,607,093) (5,805,869) (7,112,259) 258,258 - 6,084,000 - 134,662 - - - (6,850,698) - - - - - - - - - (1,491,742) (1,700,000) (2,648,414) (2,368,460) (2,049,119) (2,604,688) (3,464,649)$ 3,395,902$ 5,888,703$ 5,336,091$ 6,982,286$ 3,984,797$ 10.65%10.61%10.07%11.05%8.23%6.71% Fiscal Year 102 Preliminary Draft TOWN OF AVON, COLORADO FUND BALANCES, GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS Fiscal Year 2014 2015 2016 2017 2018 General Fund Nonspendable -$ 13,061$ 86,136$ -$ -$ Restricted 598,376 552,335 664,805 688,786 693,001 Assigned 325,000 47,878 - - - Unassigned 3,540,922 5,046,651 5,312,950 5,125,805 5,611,041 Total General Fund 4,464,298 5,659,925 6,063,891 5,814,591 6,304,042 All Other Governmental Funds Nonspendable 270 - - - - Restricted 2,370,833 2,668,305 7,787,517 5,459,131 2,133,357 Committed 3,386,451 6,198,817 4,493,621 7,941,466 7,336,358 Assigned 513,594 517,335 516,183 585,486 716,549 Unassigned - - - - (154,281) Total All Other Governmental Funds 6,271,148$ 9,384,457$ 12,797,321$ 13,986,083$ 10,031,983$ 2019 2020 2021 2022 2023 General Fund Nonspendable -$ -$ -$ -$ -$ Restricted 805,865 829,650 980,080 1,101,215 1,167,831 Assigned - - - - - Unassigned 7,392,670 9,373,237 13,587,481 19,210,640 20,774,068 Total General Fund 8,198,535 10,202,887 14,567,561 20,311,855 21,941,899 All Other Governmental Funds Nonspendable - - - - - Restricted 2,511,742 1,566,885 1,569,991 3,642,375 5,704,192 Committed 8,218,307 11,657,356 13,479,429 13,948,835 15,404,799 Assigned 832,594 2,193,502 1,303,307 35,942 40,745 Unassigned (29,251) - - - - Total All Other Governmental Funds 11,533,392$ 15,417,743$ 16,352,727$ 17,627,152$ 21,149,736$ Source: Town of Avon Finance Department Fiscal Year 103 Preliminary Draft TOWN OF AVON, COLORADO TAX REVENUES BY SOURCE, GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS Avon Urban Penalties, Interest Delinquent Specific Year General Renewal Authority & Abatements Taxes Ownership 2014 2,039,463 784,986 (64,246) 6 112,848 2015 2,027,434 756,471 7,124 172 113,308 2016 2,284,282 1,026,248 4,491 - 119,483 2017 1,733,823 1,136,777 5,555 22 99,498 2018 1,829,624 1,428,646 1,106 181 105,234 2019 1,839,155 1,386,475 12 828 113,657 2020 2,041,834 1,568,090 3,128 - 114,434 2021 2,045,147 1,628,814 (1,635) 301 126,985 2022 2,154,594 1,887,132 1,422 138 130,201 2023 2,086,974 1,912,402 180 2,275 137,110 Real Estate Sales Utility Accommodations Village at Avon Year Transfer Tax Tax Tax Tax Retail Sales Fee 2014 3,764,526 7,093,469 109,441 995,540 683,833 2015 2,369,314 7,622,097 106,786 1,132,576 697,924 2016 3,497,602 8,250,381 102,643 1,289,879 735,280 2017 4,448,666 8,104,582 102,279 1,333,939 763,915 2018 3,621,125 8,475,940 105,881 1,334,306 785,659 2019 5,001,145 9,146,851 107,293 1,486,842 804,424 2020 5,998,950 9,214,444 102,442 1,217,787 870,964 2021 7,354,186 11,608,048 115,387 2,212,356 877,862 2022 5,971,192 13,251,187 139,370 2,494,535 991,380 2023 6,529,287 13,054,193 154,918 2,323,443 1,051,948 Cigarette Tobacco Franchise Short-term Year Excise Tax Tax Fees Rental Tax Total 2014 - - 404,328 - 15,924,194 2015 - - 403,642 - 15,236,848 2016 - - 432,488 - 17,742,777 2017 - - 419,479 - 18,148,536 2018 - - 430,029 - 18,117,731 2019 189,305 146,016 434,627 - 20,656,630 2020 250,995 214,907 428,495 - 22,026,470 2021 258,573 301,631 439,599 - 26,967,254 2022 247,799 348,917 487,722 1,122,696 29,228,285 2023 254,014 374,120 504,749 1,041,364 29,426,977 Source: Town of Avon Finance Department Property Tax 104 Preliminary Draft TOWN OF AVON, COLORADO ASSESSED VALUE AND ACTUAL VALUE OF TAXABLE PROPERTY LAST TEN FISCAL YEARS Total Gross Levy Collection Vacant Residential Commercial Other Assessed Year Year Land Property Property Property Value 2012 2013 15,456,680 102,328,980 71,704,020 3,441,730 192,931,410 2013 2014 16,403,340 90,703,150 67,157,140 4,576,530 178,840,160 2014 2015 15,183,630 92,056,060 66,419,690 4,280,110 177,939,490 2015 2016 14,261,780 121,724,600 70,940,420 3,929,820 211,061,910 2016 2017 13,201,140 123,870,280 69,822,570 4,310,460 211,204,450 2017 2018 12,927,680 129,786,330 79,660,040 4,387,310 226,761,360 2018 2019 11,625,280 131,277,920 83,581,320 3,901,750 230,386,270 2019 2020 12,669,770 146,905,210 89,774,540 3,291,140 252,640,660 2020 2021 10,282,760 151,345,100 89,159,320 3,212,590 253,999,770 2021 2022 10,934,940 166,148,630 83,772,920 3,374,840 264,255,860 2022 2023 12,368,560 251,848,650 119,133,440 3,475,630 386,826,280 Less TIF Total Net Direct Actual Value as a Levy Collection District Assessed Tax Taxable Percentage of Year Year Increment (1)Value Rate Value Actual Value 2012 2013 12,511,160 180,420,250 11.983 1,564,516,920 12.33% 2013 2014 12,105,380 166,734,780 12.258 1,406,594,920 12.71% 2014 2015 11,501,900 166,437,590 12.207 1,417,405,720 12.55% 2015 2016 16,476,380 194,585,530 11.765 1,806,178,690 11.69% 2016 2017 17,221,870 193,982,580 8.956 1,825,187,770 11.57% 2017 2018 21,857,430 204,903,930 8.956 2,104,646,220 10.77% 2018 2019 21,475,340 208,910,930 8.956 2,121,154,740 10.86% 2019 2020 24,201,100 228,439,560 8.956 2,389,931,130 10.57% 2020 2021 25,630,460 228,369,310 8.956 2,444,013,540 10.39% 2021 2022 29,317,470 232,517,570 8.956 2,662,039,710 9.93% 2022 2023 44,473,690 330,694,450 8.956 4,194,587,670 9.22% Source: Eagle County Assessor's Office, Abstract of Assessments (1) The Avon Urban Renewal Authority was established in August, 2007. Notes: Property tax rates are stated in mills per $1,000 of assessed valuation. Other property includes state assessed, agricultural, and abatements and corrections. 105 Preliminary Draft TOWN OF AVON, COLORADO DIRECT AND OVERLAPPING PROPERTY TAX RATES LAST TEN FISCAL YEARS Taxing Entity 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Town of Avon General Operating 8.956 8.956 8.956 8.956 8.956 8.956 8.956 8.956 8.956 8.956 General Obligation Debt Service 3.302 3.251 2.809 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Direct 12.258 12.207 11.765 8.956 8.956 8.956 8.956 8.956 8.956 8.956 Eagle County 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.499 8.399 Colleges and School Districts Colorado Mountain College 3.997 3.997 3.997 3.997 3.997 3.997 4.013 4.013 4.085 2.977 Eagle County School District RE-50J 20.826 21.517 20.331 25.209 24.912 25.115 24.240 24.069 24.532 22.317 Other Special Districts Eagle River Fire Protection District 9.238 9.392 8.205 9.740 9.828 10.226 9.766 10.023 10.624 7.742 Eagle Valley Library District 2.750 2.750 2.750 2.750 2.750 2.763 2.763 2.763 2.763 1.913 Eagle River Water and Sanitation District 0.946 0.954 0.852 0.849 0.816 0.815 0.766 0.766 0.765 0.610 Colorado River Water Conservancy District 0.254 0.253 0.243 0.253 0.254 0.256 0.235 0.502 0.501 0.500 Eagle County Health Services District 2.006 2.019 2.008 2.755 2.753 2.766 2.781 2.755 2.755 2.753 Metropolitan Districts Avon General Improvement District No. 1 17.557 17.557 14.077 14.005 14.005 14.005 15.186 15.186 15.640 15.640 Avon Station Metropolitan District 58.000 58.000 58.000 63.000 65.585 65.596 65.572 65.780 67.465 67.299 Confluence Metropolitan District 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 23.000 0.000 Mountain Vista Metropolitan District 25.000 25.000 25.000 25.000 26.155 26.354 26.354 9.250 9.250 8.200 The Village Metropolitan District 50.000 50.000 50.000 50.000 50.000 50.000 15.000 15.000 15.617 16.503 Source: Eagle County Assessor's Office, Abstract of Assessment Notes: Property tax rates are stated in mills per $1,000 of assessed valuation. The Town's general operating mill rate may be increased only by a majority approval of the Town's residents during a general election. Rates for debt service are set based on each year's debt service requirements. Collection Year 106 Preliminary Draft TOWN OF AVON, COLORADO PRINCIPAL PROPERTY TAX PAYERS CURRENT YEAR AND TEN YEARS AGO Percentage Percentage of Total of Total Taxable Town of Avon Taxable Town of Avon Assessed Assessed Assessed Assessed Taxpayer Value Rank Value Value Rank Value CSB Properties Holdings LLC 11,486,470$ 1 2.87% BFG Colorado LLC 7,392,230 2 1.85% Avon MOB LLC 7,161,290 3 1.79% Beaver Creek Vacation Ownership Plan 6,309,020 4 1.58% Avon Piedmoint LLC 6,232,010 5 1.56% Avon Wynfield LLC 5,662,920 8 1.42%2,376,620$ 8 Traer Creek-WMT LLC 5,404,230 7 1.35%6,675,480 1 3.46% Riverfront Village Hotel, LLC 5,353,700 6 1.34%2,266,130 9 1.17% Mountain Vista Condominium Assoc Inc.4,321,310 9 1.08%2,087,490 10 1.08% Traer Creek-HD LLC 3,805,560 10 0.95%4,720,350 2 2.45% Christie Lodge Assoc Ltd 3,643,450 12 0.91%0.00% Points of Colorado 3,032,720 11 0.76%3,413,280 4 1.77% Dillon Real Estate Co, Inc 2,977,050 13 0.74%1,635,990 13 0.85% Chapel Square Ventures LP 4,449,750 3 2.31% Avon Partners II, LLC 2,972,490 5 1.54% Servco Inc.2,797,110 6 1.45% ARI Mountain Center LLC 2,519,450 7 1.31% Traer Creek-L2 LLC 2,030,010 11 1.05% Riverview Park Assoc, Inc 1,763,960 12 0.91% Traer Creek-RP LLC 1,383,680 14 0.72% East West Resort Dvlpmnt XIV LP LLLP 1,281,350 15 0.66% Total Assessed Value of the Fifteen Largest Taxpayers 72,781,960 18.19%42,373,140 21.96% Total Gross Assessed Value of Other Taxpayers 327,253,960 81.81%150,558,270 78.04% Total Gross Assessed Value of All Taxpayers 400,035,920$ 100.00%192,931,410$ 100.00% Source: Eagle County Assessor's Office 2023 2013 107 Preliminary Draft TOWN OF AVON, COLORADO PROPERTY TAX LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS Ratio of (2)Total Tax (1)Current Percent of Delinquent Total Collections Levy Collection Total Tax Current Taxes Tax Tax To Total Year Year Tax Levy Collections Collected Collections Collections Tax Levy 2012 2013 2,202,287 2,160,634 98.11%875 2,161,509 98.15% 2013 2014 2,083,835 2,042,508 98.02%6 2,042,514 98.02% 2014 2015 2,071,895 2,029,571 97.96%172 2,029,743 97.97% 2015 2016 2,329,489 2,286,146 98.14%- 2,286,146 98.14% 2016 2017 1,777,498 1,736,538 97.70%22 1,736,560 97.70% 2017 2018 1,876,652 1,829,624 97.49%181 1,829,805 97.50% 2018 2019 1,912,703 1,839,155 96.15%828 1,839,983 96.20% 2019 2020 2,087,501 2,083,430 99.80%- 2,083,430 99.80% 2020 2021 2,087,252 2,087,123 99.99%301 2,087,424 100.01% 2021 2022 2,149,519 2,154,594 100.24%138 2,154,731 100.24% 2022 2023 2,128,430 2,133,613 100.24%239 2,133,852 100.25% Source: Town of Avon Finance Department Notes: (1) Taxes are due and payable on January 1 based on the prior year's assessed valuation. (2) Information on outstanding delinquent taxes is not available. 108 Preliminary Draft TOWN OF AVON, COLORADO RATIOS OF OUTSTANDING DEBT BY TYPE LAST TEN FISCAL YEARS General Special Certificates Fiscal Obligation Assessment Revenue of Capital Year Bonds Bonds Bonds Participation Loans Leases 2014 1,017,255 - 6,520,000 2,825,000 - 547,990 2015 520,860 - 6,200,000 6,280,000 - 438,024 2016 - - 5,790,000 12,235,000 - 325,518 2017 - - 8,225,362 11,675,000 - 566,231 2018 - - 7,649,283 11,324,659 - 401,100 2019 - - 7,053,286 10,661,468 - 311,195 2020 - - 2,317,223 9,787,797 3,651,000 236,248 2021 - - 2,135,945 9,067,886 3,227,000 159,601 2022 - - 1,949,299 8,338,735 2,794,000 107,632 2023 - - 1,757,123 7,380,000 2,352,000 54,441 Certificates Total Percentage Fiscal of Capital Primary of Personal Per Year Participation Leases Government Income Capita 2014 2,914,623 244,259 14,069,127 0.47%2,314 2015 2,777,127 185,937 16,401,948 0.50%2,724 2016 2,605,000 125,825 21,081,343 0.58%3,530 2017 2,465,000 63,864 22,995,457 0.61%3,890 2018 2,349,640 258,258 21,982,940 0.54%3,774 2019 2,197,144 224,979 20,448,072 0.45%3,544 2020 1,826,000 190,561 18,008,829 0.38%2,665 2021 1,655,000 154,967 16,400,399 0.32%2,557 2022 1,480,000 118,157 14,787,823 NA 2,463 2023 1,301,000 80,087 12,924,651 NA 2,153 Source: Town of Avon Finance Department Governmental Activities Business-Type Activities 109 Preliminary Draft TOWN OF AVON, COLORADO DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT DECEMBER 31, 2023 Estimated Estimated Share of Debt Percentage Overlapping Government Unit Outstanding Applicable a Debt Debt Repaid With Property Taxes Confluence Metropolitan District 20,770,000$ 100.00%20,770,000$ Eagle County School District RE-50J 186,320,000 7.51%13,987,690 Eagle River Fire Protection District 22,328,992 21.49%4,798,442 The Village Metropolitan District 44,425,000 100.00%44,425,000 Subtotal - Overlapping debt 83,981,131 Town of Avon Direct Debt 13,189,666 Total Direct and Overlapping Debt 97,170,797$ Source: Various Governmental Entities, Eagle County Finance Department Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the Town. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of Avon. This process recognizes that, when considering the Town's ability to issue and repay long-term debt, the entire debt burden borne by the residents and businesses should be taken into account. However, this does not imply that every taxpayer is a resident, and therefore responsible for repaying the debt of each overlapping government. a The basic approach to estimating the applicable percentage of overlapping debt was to divide the assessed value of the portion overlapping the Town to the total assessed value of the overlapping entity. 110 Preliminary Draft TOWN OF AVON, COLORADO RATIO OF GENERAL BONDED DEBT OUTSTANDING AND LEGAL DEBT MARGIN LAST TEN FISCAL YEARS 2014 2015 2016 2017 General Bonded Debt Outstanding General Obligation Bonds 1,005,000$ 515,000$ -$ -$ Actual Taxable Property Value 1,406,594,920 1,417,405,720 1,806,178,690 1,825,187,770 Net Assessed Value 166,734,780 166,437,590 194,585,530 193,982,580 Percentage of General Bonded Debt Outstanding to Actual Taxable Property Value 0.07%0.04%0.00%0.00% Town of Avon Population 6,410 6,472 6,505 6,383 Per Capita 157$ 80$ -$ -$ Legal Debt Limit 41,683,695$ 41,609,398$ 48,646,382$ 48,495,645$ Total Debt Applicable to Limit (1,005,000) (515,000) - - Legal Debt Margin 40,678,695$ 41,094,398$ 48,646,382$ 48,495,645$ Total Debt Applicable to the Limit as a Percentage of Legal Debt Limit 2.41%1.24%0.00%0.00% Source: Eagle County Assessor's Office, State of Colorado Division of Local Governments Fiscal Year 111 Preliminary Draft 2018 2019 2020 2021 2022 2023 -$ -$ -$ -$ -$ -$ 2,104,646,220 2,121,154,740 2,389,931,130 2,444,013,540 2,639,103,550 4,033,949,340 204,903,930 208,910,930 228,439,560 228,369,310 234,872,120 319,434,020 0.00%0.00%0.00%0.00%0.00%0.00% 6,518 6,365 6,145 6,003 6,003 6,003 -$ -$ -$ -$ -$ -$ 51,225,982$ 52,227,732$ 57,109,890$ 57,092,328$ 58,718,030$ 79,858,505$ - - - - - - 51,225,982$ 52,227,732$ 57,109,890$ 57,092,328$ 58,718,030$ 79,858,505$ 0.00%0.00%0.00%0.00%0.00%0.00% Fiscal Year 112 Preliminary Draft TOWN OF AVON, COLORADO DEMOGRAPHIC AND ECONOMIC STATISTICS LAST TEN FISCAL YEARS Eagle Eagle County Eagle County Eagle County Denver / Eagle Town of Eagle Personal Per Capita County RE-50J Boulder County Avon County Income Personal Median School Consumer Unemployment Year Population Population (In $1,000's)Income Age Enrollment Price Index Rate 2013 6,080 52,262 2,951,287 56,471 36.00 6,549 230.8 5.20% 2014 6,021 52,398 3,224,573 61,540 36.20 6,713 237.2 4.75% 2015 5,972 52,780 3,568,192 67,605 36.50 6,546 240.0 2.10% 2016 5,911 53,041 3,667,573 69,146 36.70 6,901 246.6 2.81% 2017 5,825 53,724 3,987,664 74,225 35.60 6,959 254.9 2.22% 2018 5,769 54,205 4,437,818 81,871 39.00 6,882 261.9 2.59% 2019 6,758 54,819 4,673,484 85,253 36.50 6,902 267.4 2.25% 2020 6,144 55,624 4,887,792 87,872 37.81 6,931 272.2 5.10% 2021 6,058 55,687 5,769,133 103,440 37.70 6,694 281.8 4.30% 2022 6,003 55,852 6,282,742 113,643 34.68 6,623 304.4 2.80% 2023 5921 54,381 N/A N/A 38.30 6,687 320.3 2.50% N/A - Information not available. Information was compiled by the Demographic Section of the Colorado Division of Local Government, Bureau of Labor Statistics and U.S. Census Bureau. School Enrollment was obtained by Eagle County School District Administration Office based on June Enrollment. Per Capita Personal Income obtained from Bureau of Economic Analysis, Regional Economic Accounts. 113 Preliminary Draft TOWN OF AVON, COLORADO PRINCIPAL EMPLOYERS CURRENT YEAR AND TEN YEARS AGO Employer Employees Rank Employees Rank East West Hospitality 550 1 NA NA Westin Riverfront Resort & Spa 430 2 267 1 Wal-Mart 225 3 253 2 CMM/Vail Health - Avon 134 6 NA NA Home Depot 133 5 226 3 City Market 131 4 132 5 Town of Avon 118 7 81 8 Eagle River Water & Sanitation 76 9 99 6 Slifer Smith & Frampton 76 8 NA NA Christie Lodge 63 10 79 9 Sheraton Mountain Vista 40 11 79 7 Vail Valley Foundation 35 12 NA NA Montana's Bar & Grill NA NA 25 10 Maya, Mexican Kitchen NA NA 218 4 Sources: Various Town of Avon businesses, Department of Labor 2023 2013 114 Preliminary Draft TOWN OF AVON, COLORADO COMMERCIAL AND RESIDENTIAL CONSTRUCTION LAST TEN FISCAL YEARS Total Sales Tax Potential Total Building Collected Use Tax Permits Construction On Construction On Construction Year Issued Value Materials Materials Difference 2014 156 15,235,900 304,718 (304,718) 2015 153 21,306,000 426,120 (426,120) 2016 158 30,076,507 601,530 (601,530) 2017 167 48,228,121 964,562 (964,562) 2018 164 52,662,638 1,053,253 (1,053,253) 2019 177 76,109,352 432,065 1,522,187 (1,090,122) 2020 169 24,772,104 505,035 495,442 9,593 2021 208 33,425,048 455,802 668,501 (212,699) 2022 215 199,409,400 650,382 3,988,188 (3,337,806) 2023 179 24,707,764 272,500 494,155 (221,656) Source: Town of Avon Community Development Department 115 Preliminary Draft TOWN OF AVON, COLORADO COMMERCIAL AND RESIDENTIAL CONSTRUCTION LAST TEN FISCAL YEARS Total Total Building Permits Square No. of Construction Year Issued Footage Value Units Value Value 2013 159 217,293 27,121,876 12 9,027,760 36,149,636 2014 156 - 1,500,000 10 13,735,900 15,235,900 2015 153 114,614 14,336,000 10 6,970,000 21,306,000 2016 158 90,309 21,525,147 7 8,551,360 30,076,507 2017 167 60,043 29,298,052 6 18,930,069 48,228,121 2018 164 93,579 37,542,440 20 15,120,198 52,662,638 2019 177 23,276 11,851,054 278 64,258,298 76,109,352 2020 169 36,082 14,430,422 12 10,341,682 24,772,104 2021 208 7,900 1,957,878 20 31,467,170 33,425,048 2022 215 131,676 34,500,000 127 164,909,400 199,409,400 2023 179 4,425 1,487,642 12 9,810,000 24,707,764 Source: Town of Avon Community Development Department Commercial Construction Residential Construction 116 Preliminary Draft TOWN OF AVON, COLORADO FULL-TIME EQUIVALENT EMPLOYEES BY FUNCTION/PROGRAM LAST TEN FISCAL YEARS 2014 2015 2016 2017 2018 General Government Administration 4.75 4.75 4.60 4.60 5.00 Special Events 1.00 1.00 1.00 2.00 2.00 Human Resources 2.00 3.00 3.00 3.00 3.75 Finance 8.00 8.00 8.00 8.00 9.00 Nondepartmental 1.00 1.00 1.00 1.00 1.00 Community Development 3.00 3.00 3.00 3.00 3.00 Police 20.00 20.00 20.40 20.40 21.50 Public Works: Engineering 2.00 2.00 2.00 2.00 2.00 Buildings and Facilities 3.00 4.00 4.00 5.00 5.00 Roads and Bridges, Parks 14.00 14.00 15.00 16.00 15.00 Mobility 4.00 6.00 6.00 6.00 8.00 Fleet Maintenance 8.00 8.00 8.00 8.00 8.00 Recreation 7.00 9.00 9.00 10.00 10.00 Total 77.75 83.75 85.00 89.00 93.25 2019 2020 2021 2022 2023 General Government Administration 6.00 5.00 6.00 7.00 8.30 Special Events 2.00 1.00 1.00 2.00 2.00 Human Resources 3.75 3.75 3.00 4.00 4.00 Finance 9.00 8.50 7.50 9.00 7.00 IT 3.00 Nondepartmental 1.00 1.00 1.00 0.00 0.00 Community Development 3.75 3.00 3.00 4.00 7.00 Police 22.50 22.50 20.50 24.50 25.45 Public Works: Administration 0.00 0.00 0.00 2.00 2.00 Engineering 2.00 2.00 3.00 3.00 5.00 Buildings and Facilities 5.00 5.00 3.00 5.00 7.00 Roads and Bridges, Parks 16.00 15.00 12.00 16.00 18.00 Mobility 8.00 8.00 8.00 9.00 9.00 Fleet Maintenance 8.00 8.00 8.00 9.00 9.00 Recreation 10.00 9.50 10.00 11.00 12.00 Total 97.00 92.25 86.00 105.50 118.75 Source: Town of Avon Budget Full-time Equivalent Employees as of December 31 Full-time Equivalent Employees as of December 31 117 Preliminary Draft TOWN OF AVON, COLORADO OPERATING INDICATORS BY FUNCTION/PROGRAM LAST TEN FISCAL YEARS 2013 2014 Town of Avon Facilities and Services: Miles of Streets 23.73 23.73 Number of Street Lights 632 613 Culture and Recreation: Miles of Bike/Pedestrian Paths 8.75 8.82 Miles of dirt, singletrack trails 0.00 11.00 Parks / Lakes 5/1 5/1 Park Acreage 672 672 Tennis/Volleyball /Basketball Courts/Pickleball Courts 4 / 2 / 3 / 2 4 / 2 / 3 / 2 Recreation Centers 1 1 Softball / Soccer Fields 1 / 2 1 / 2 Playgrounds 4 4 Performance Art Pavilion 1 Police Protection: Number of Stations 1 1 Number of Police Personnel and Officers 20 20 Number of Patrol Units 16 16 Number of Law Violations: General Ordinance Violations 207 438 Traffic Violations 285 372 Parking Violations 165 366 Facilities and Services Not Included in the Reporting Entity: Libraries: Number of Libraries / Volumes 1 / 79,405 1 / 80,239 Water System: Miles of Water Mains 24.99 24.99 Number of Service Connections 3,831 3,897 Daily Average Consumption in Gallons 675,728 706,833 Maximum Daily Capacity of Plant in Gallons 10MGD 10MGD Sanitary Sewer System: Miles of Sanitary Sewers 33.44 33.44 Number of Treatment Plants 1 1 Number of Service Connections 3,969 4,038 Maximum Daily Capacity of Treatment Plant in Gallons 4.3MGD 4.3MGD Education: Number of Elementary Schools / Instructors 1 / 27 1 / 25 Fire Protection: Number of Stations 5 5 Number of Fire Personnel and Officers 66 64 Number of Calls Answered 2,244 2,357 Number of Inspections Conducted 154 154 Fiscal Year 118 Preliminary Draft 2015 2016 2017 2022 2023 23.73 23.73 23.73 24 24 619 634 646 734 764 8.82 9.32 9.32 9.51 9.51 11.00 11.00 11.00 11.00 11.00 5/1 5/1 5/2 5/2 5/2 672 672 672 672 672 4 / 2 / 3 / 2 4 / 2 / 3 / 2 4 / 2 / 3 / 2 2 / 2 / 3 / 6 2 / 2 / 3 / 6 1 1 1 1 1 1 / 2 1 / 2 1 / 2 0 / 2 0 / 2 4 4 4 4 4 1 1 1 1 1 1 1 1 1 1 21 23 23 24.5 23.5 15 15 15 17 17 384 419 91 29 89 314 543 446 235 241 282 234 147 131 182 1 / 79,226 1 / 77,490 1 / 78,779 1 / 78,011 1 / 79,694 24.99 24.99 24.99 24.99 24.99 3,917 3,917 3,980 4,385 4,385 706,833 709,478 712,521 #726,025 10MGD 10MGD 10MGD 10MGD 10MGD 33.44 33.44 33.44 33.4 33.4 1 1 1 1 1 4,086 4,086 4,118 4,511 4,511 4.3MGD 4.3MGD 4.3MGD 4.3MGD 4.3MGD 1 / 27 1 / 47 1 / 62 1 / 32 1 / 32 5 6 6 5 5 67 68 68 65 72 636 670 644 586 1,155 122 175 179 90 168 Fiscal Year Fiscal Year 119 Preliminary Draft TOWN OF AVON, COLORADO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED DECEMBER 31, 2023 Federal Pass-through Assistance Entity Listing Identifying Clusters of Program Title Number Number Expenditures Programs U.S. Department of Justice Direct Program: Automatic License Plate Recognition 16.738 -$ Total U.S. Department of Justice - U.S. Department of Transportation Passed Through Colorado Department of Transportation: Metropolitan Transportation Planning and State and Non-Metropolitan Planning and Research 20.505 22-HTR-ZL-00194/491002873 25,803 Formula Grants for Rural Areas and Tribal Transit Program 20.509 23-HTR-ZL-00113/491003162 122,990 Buses and Bus Facilities Formula, Competitive, and Low or No Emissions Programs 20.526 23-HTR-ZL-00046/491003077 840,000 Total - Federal Transit Cluster 840,000$ Total U.S. Department of Transportation 988,793 Total Expenditures of Federal Awards 988,793$ The accompanying notes are an integral part of this schedule. 120 Preliminary Draft 970-390-2014 Page 1 of 10 ewilson@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Eva Wilson, Public Works Director RE: Update on the 2024 Capital Improvements Projects DATE: July 9, 2024 SUMMARY: This report provides Council with an update on the status of the 2024 Capital Improvements Projects (“CIP”) Program. There are 78 projects/contributions in the 2024 CIP Program totaling approximately $27.1M. Sixteen (16) projects are completed. Thirty (30) projects are active. Thirty (30) projects are waiting for staff availability. CIP Projects are managed by the Engineering, Facilities, Mobility, Fleet, and Operations Staff. Communication and Technology projects are managed by the IT staff. The status of CIP projects, Regional Road Construction projects, Public Way (Right-of-Way) permit projects, and Major Development Projects can be found on the Town of Avon’s webpage header under “Construction”. BACKGROUND: CIP is primarily funded with the 2% real estate transfer tax (RETT). Avon attempts to avoid disruptive construction in the Town Core between Memorial Day to Labor Day. The cost of capital improvement projects is most effectively reduced with thorough planning and design prior to bidding for construction. Due to the construction season cycles and the high demand for construction work, an effective process to manage costs requires planning and design in the first year for a new project, and then soliciting projects between Oct to Jan for construction the following year. CIP PROJECT SUMMARY: Completed projects are in ALL CAPS and highlighted blue. Active project Titles are bolded and highlighted green. Inactive projects are italicized, underlined, and highlighted yellow. Some CIP Projects have been combined into one heading for brevity. FACILITIES PROJECTS: 1. Public Works Garage Construction: Construct a 5-bay Garage to house snowplows, equipment, and vehicles. a. Budget: $4,165,000 i. $1.6M American Rescue Plan Act (ARPA) Funds; Reserve Funds: $2,565,000 b. Status: i. Project Awarded – June 5, 2024 ii. Mobilization iii. Modular Demolition – July 17, 2024 iv. Investigating Photovoltaic array combined with battery storage 2. Fleet Maintenance EDPM Roof Replacement: Replace waterproof membrane and install Photovoltaic Array System. a. Budget: $460K b. Schedule: Awaiting staff availability c. Status: i. Sustainability Staff is exploring Photovoltaic Arrays combined with battery storage for both Fleet and new Public Works Garage 970-390-2014 Page 2 of 10 ewilson@avon.org 3. ARTF HVAC Separation: Exhaust Fumes from the parking bay are being circulated around the entire building and into the office area. Project separates the HVAC system to stop the infiltration. a. Budget: $18K Design Complete; $150,000 Construction b. Status: Seeking Contractor 4. Recreation Center Aquatics Deck Repair: The Pool deck is in very poor condition. Concrete pool deck and trench drain replacement are needed for both safety and cosmetic purposes. Several areas have settled, often adjacent to trench drains, creating an uneven surface and trip hazard. Additionally, the HVAC ductwork located under the deck in the pool area has deteriorated from water exposure and will need to be replaced. a. Budget: $800K b. Status: Preliminary Engineering 5. IT OFFICE EXPANSION: The IT Dept added one staff. IT Office area needed to be expanded into the adjacent office to add the additional workstation. Existing IT furniture was from the old Town Hall. The new furniture is the Town standard. a. Budget: $30K b. Status: Completed 6. PD Cooling Tower Chemical loop pump: The pump (inhibitors) will protect the cooling tower. Balances the water/alkalinity. a. Budget: $12K b. Status: Working on Quotes 7. FLEET COMPRESSOR SYSTEM REPAIR: The Project will replace the Compressor that delivers liquids and air to bays. a. Budget: $40K b. Status: Completed 8. SWIM AREA ANCHORS IN HARRY A. NOTTINGHAM LAKE: Anchors are needed to hold floating buoys to delineate the swim area. The ad-hoc anchors made with concrete in buckets and ropes are an entanglement danger. The new, heavier anchors will reduce the number of anchors and ropes needed to reduce entanglement danger. a. Budget: $10K b. Status: Completed 9. Fleet Maintenance – Vehicle Lifts Repair: The Fleet’s vehicle lifts are broken and need to be replaced. A CDOT Transit Grant will help pay for new lifts. a. Budget: CDOT Transit Grant $256K b. Status: CDOT Contract Executed; Construction: Fall 2024 10. Performing Stage – Lighting and Signage: Line Array Lights – Station controllable light – by Production Company. (Upgrade House Lighting) a. Budget: $50K b. Status: Avon Pavilion sign is installed. Seeking proposal for an in-house production 970-390-2014 Page 3 of 10 ewilson@avon.org lighting upgrade. 11. POOL AREA LED REPLACEMENT: All the overhead lights in the pool area will be replaced with more energy-efficient LED lights. a. Budget: $100K b. Status: Completed 12. Picnic Shelter Design: The fitness court is not appropriate for the area. The fit court will be donated/removed and a picnic pavilion will be designed. Staff will explore design as soon as Fit Court equipment is removed. a. Budget $30K b. Status: DEFERRED - Awaiting Staff availability 13. Improve Rear Access to Rec Center: The rear access driveway at the Rec Center is awkwardly built and poses a safety concern with the steep drop. This project will realign the driveway and add railings at the steep dropoff. a. Budget $150K b. Status: DEFERRED - Awaiting Staff Availability 14. Rec Center Building Key Card Access: The Rec Center access system is antiquated and needs to be updated to the Town-wide system. a. Budget: $50K b. Status: Contractor currently working on Town Hall and ARTF. Rec Center will be next. 15. Rec Center additional 8 new cameras: There are several blind spots at the Rec Center. For security and safety, cameras will be added to eliminate those blind spots. a. Budget: 25K b. Status: Soliciting quotes 16. Metcalf Cabin/Parks Garage planning: Council desires to relocate Metcalf Cabin and construct a 2nd Green Room for Special Events. a. Budget: $50k b. Status: DEFERRED - Awaiting Staff Availability 17. REC CENTER FURNITURE REPLACEMENT: The antiquated climbing wall is seldom used. Project removes the climbing wall and adds an additional seating area. a. Budget: $15K b. Status: Completed 18. ARTF FURNITURE FOR FACILITIES: The Facilities Division needs to vacate the old modular building for the construction of the Public Works Garage. The Staff will be moving into the ARTF sign shop and requires furniture. The sign shop was relocated to the Parks Garage. a. Budget: $50K b. Status: Completed 970-390-2014 Page 4 of 10 ewilson@avon.org 19. Monument Signs for Parks and Rec Center: a. Budget: $75K b. Status: Signs fabricated; construction planned for Aug 2024 PARKS AND OPEN SPACE PROJECTS: 20. Harry A. Nottingham Park East Bathroom and Skate Plaza: Install Modular Bathrooms, relocate utilities, and prepare for skate plaza construction. The Skate plaza is a separate project awaiting grants. a. Budget: $2.5 Million (not including skate plaza) b. Status: i. Phase I: Utility Relocation, Modular Restrooms, Landscaping/Seating Wall, Skate Plaza (Construction - Fall 2024); Modular Bathroom Contractor Selected (Green Flush) ii. Phase II: Skate Park (Construction – Summer 2026 or 2027) 21. Saddleridge Park Refresh: Saddleridge Park is dated with a basketball court in poor condition. The project will assess the playground equipment, play area surface, basketball court surface, and hoop. a. Budget: $100K b. Status: Awaiting Staff Availability 22. Water Fountain Replacement: This project will replace four (4) antiquated water fountains at Harry A. Nottingham Park, O’Neal Spur Park, and Saddleridge Park. The new water fountains will be ADA-accessible. a. Budget: $75K b. Status: Design Complete; Seeking Contractor 23. Eaglebend Park Improvements: Upgrades include new playground equipment, picnic table area, porta-potty, and parking a. Budget: $550K (GOCO Grant: $350K) b. Status: i. 100% Design; $62K ii. Playground Equipment: 1. Long lead time: Owner Purchase 2. Construction: Spring 2025 iii. Construction Est: ~$700,000 1. Anticipated shortfall: $230,000 24. Lower Athletic Field Trail Improvements: Project will reconstruct the trail to improve pavement conditions and accessibility. The project will also construct a new segment of trail west to W. Beaver Creek Blvd. along the railroad right of Way. The project includes landscaping, utility relocations, and drainage improvements. a. Budget: $866K b. Status: 970-390-2014 Page 5 of 10 ewilson@avon.org i. Substantially complete – July 2024 ii. Awaiting Holy Cross Energy transformer relocation 25. HURD LANE TRAIL IMPROVEMENTS: Project will repair trail pavement. a. Budget: $205K b. Status: Completed 26. EAGLE VALLEY TRAIL: Project will repair trail pavement. a. Budget: $325K b. Status: Completed 27. O’Neal Spur Park Improvements Design: a. Budget: $25K b. Status: DEFERRED - Awaiting Staff Availability 28. EV Charging Station at PD: Project will install two (2) level 2 Charging Stations in preparation for PD’s new electric vehicles. a. Budget: $100K b. Status: Seeking Quotes 29. Art Pedestal Repairs and Solar Light Install a. Budget: $75K b. Status: Deferred to Spring 2025 30. H.A.N. Irrigation System Construction: Project will replace Avon’s antiquated irrigation system. a. Budget: $750K b. Status: DEFERRED - Awaiting Staff Availability 31. Railing Repairs at Village At Avon: Project will repair and paint railings. a. Budget: $35K b. Status: Estimated Completion: July 2024 32. Post Blvd Irrigation Repair: Project will repair Post Blvd’s Irrigation System a. Budget: $150K b. Status: Repair started 33. West Restrooms Design: Project will design a permanent bathroom by the east courts. a. Budget: $60K b. Status: DEFERRED - Awaiting Staff Availability 34. SPECIAL EVENTS MERIDIAN BARRIERS: Project will enhance safety and security. a. Budget: $65,238 b. Status: Completed - Deployed 970-390-2014 Page 6 of 10 ewilson@avon.org STREETS AND PARKING: 35. O’Neal Spur Park Parking Lot Rebuild: Project will reconstruct the O’Neal Spur Rd Parking Lot. a. Budget: b. Status: DEFERRED - Awaiting Staff Availability 36. RETAINING WALL REPAIRS - NOTTINGHAM & SWIFT GULCH RD: Project will repair the retaining wall on the Nottingham Rd trail. a. Budget: $200K b. Status: Completed 37. Avon Road Safety Improvements – Flashing Beacons: Project will add nine (9) Pedestrian Flashing Beacons on Avon Road. a. Budget: $500K; CDOT Grant $440K b. Status: i. In Design: Construction in 2025 ii. Curb Ramps are not ADA-compliant iii. Working with CDOT for additional funds 38. W. B/C Blvd. - Concrete Repairs: Project will repair curbs, curb ramps, gutters, and sidewalks on WBCB. a. Budget: $223K b. Status: DEFERRED - Awaiting Staff Availability 39. US Hwy 6 Safety and Mobility Improvements Project: Project will install a traffic signal at the US6/Stonebridge Dr intersection to enable the installation of a pedestrian crossing. At the other three locations, CDOT supports adding wide medians and refuge islands but Ped crossing pavement markings and Rectrangular Rapid Flashing Beacons RRFBs will not be permitted at this time. a. Budget: $3.5M b. Status: In Design; i. Median and Drainage Design ii. 30% Design Construction Cost Estimate: 1. $5M (anticipate $2.5M Shortfall) c. Separate Work Session planned 40. UPPER BUCK CREEK REPAIRS / ASPHALT OVERLAY: Project will repair approximately 5,478 feet of roadway between the Upper Bridge and the Wildwood Road intersection. a. Budget: $1M b. Status: Completed 970-390-2014 Page 7 of 10 ewilson@avon.org 41. Swift Gulch Road - Buffalo Ridge Asphalt Overlay: Project will repair approximately 3,946 feet in length from the entrance to the Town’s Public Works Facility at 500 Swift Gulch Road to the east end of Buffalo Ridge. a. Budget: $800K b. Status: Notice of Award in Aug 2024; Construction: Sep to Oct 2024 42. Old Trail Road Asphalt Overlay: Project will repair approximately 3,600 feet in length of Old Trail Road. a. Budget: $790K b. Status: DEFERRED - Awaiting Staff Availability 43. WBCB River Bridge Deck Repair Railing Upgrade: Project will repair potholes and spalls in deck and wearing surface, patch spalls and scaling in rail parapets, remove thin bonded epoxy and chip overlay, scarify concrete deck surface, place polyester polymer concrete overlay, remove debris from the bearing seats, address deficiencies in the light pole bases, and evaluate existing guardrail structure and design a replacement/upgrade that meets ADA/PROWAG guidelines. a. Budget: $435,500K ($348,397) b. Status: In Design; Construction 2025 44. Annual Guard Rail Repair: Ongoing maintenance and repair of guardrails around Town. a. Budget: $40K b. Status: On-going 45. June Creek Emergency Access: The project widens the southerly portion of June Creek Trail which is located in Berry Creek Metropolitan District to 10’ to enable vehicle access during Emergencies and Wildfire conditions. Work includes clearing and grubbing, earthwork, retaining walls, drainage improvements, and the installation of two gates. a. Budget: $327,325K b. Status: i. Phase I: Civil Work Completed ii. Phase II: Two Gates - TBD 46. I-70 Off-Ramp Streetlight Repair at Post Blvd. a. Budget: $50K b. Status: DEFERRED - Awaiting Staff Availability 47. Town-Wide Retaining Wall Structures Analysis a. Budget: $80K b. Status: Awaiting Staff Availability 48. Post Blvd. Asphalt Overlay a. Budget: $2.75M 970-390-2014 Page 8 of 10 ewilson@avon.org b. Status: DEFERRED - Design Quote $240K; Waiting to schedule 49. Riverfront/Ped Mall Manhole Repairs: Raised manhole has created a safety hazard on Riverfront Lane. The project will lower the manhole and repair the concrete pad and drainage pan. a. Budget: $45K b. Status: Completed 50. Tract A DC Fast Chargers (4): Project will install 4 DC Fast Chargers in the parking lot adjacent to Christy Sports. a. Budget: $775K; Colorado Energy Office Grant Awarded $560K b. Status: i. Planning – Holy Cross Energy (upgrade Transformer) ii. Awaiting Grant Contract 51. W. Main Street Mall Improvements: Project will extend the Pedestrian Mall to the west and add pedestrian crossings. a. Budget: $1.5M, Design in 2024 $150K b. Status: DEFERRED until fall DRAINAGE PROJECTS: 52. Tract A Drainage Improvements Design: Project will regrade the parking lot adjacent to Christy Sports for proper drainage. a. Budget: $600K b. Status: DEFERRED - Awaiting Staff Availability On July 22, 2021, a heavy and intense storm event caused major damage and closed I-70 and Swift Gulch Rd for several hours. The storm event brought 0.8 to 2.5 inches of rain within an hour on the hillside north of I70. The subsequent runoff caused the largest water and mud flows seen in decades. Flood Mitigation Study identified the below two flood mitigation projects estimated at $2M: 53. 330 Nottingham Road Drainage Improvements: Sonnen Halde: $1.1M. Replacing the culvert under Nottingham Road; Re-grading swales/parking lots; constructing berms, curbs, and gutters. a. Budget: $575K for local Match b. Status: 2024 FEMA Grant Submitted i. 2024 BRIC (Building Resilient Infrastructure and Communities) Grant – Rejected ii. 2024 FMA (Flood Mitigation Assistance) Grant – Pending 54. 400 WBCB Drainage Improvements: Beaver Bench: $900K. Re-grading swales/parking lots; constructing berms, curbs, and gutters. a. Budget: $575K for local Match b. Status: 2024 FEMA Grant Submitted i. 2024 BRIC (Building Resilient Infrastructure and Communities) Grant – Rejected ii. 2024 FMA (Flood Mitigation Assistance) Grant - Pending 970-390-2014 Page 9 of 10 ewilson@avon.org 55. Nottingham Rd Basin 4 Erosion Control: The project includes clearing and grubbing, erosion control, channel, and sediment pond grading, excess material haul-off, flexamat installation, concrete weir installation, soil preparation, seeding, and asphalt driveway replacement within the project area. a. Budget: $400K b. Status: Substantially complete, final review 56. Puder Ditch Headgate Repair: Project will upgrade the Puder Ditch Headgate and repair the diversion wall. a. Budget: $675K b. Status: DEFERRED - Awaiting Staff Availability 57. Nottingham Reservoir Repairs: Project will make repairs to the emergency spillway and clear encroaching vegetation. a. Budget: $100K b. Status: Planning UTILITIES: 58. Power Line Undergrounding: Project will relocate utilities at the Old Town Hall Site. a. Budget: $120K b. Status: This is part of East Park restroom project. 59. Broadband (Connection to Thor and Avon PD): Project will extend CDOT fiber at the I70 Off-Ramp to the server room at the Police Department. a. Budget: $125K b. Status: Town Manager and IT are working with Vero to determine interest in this project 60. Nottingham Park Wi-Fi Access: Project will provide WIFI at the upper field in the Harry A. Nottingham Park. a. Budget: $150K b. Status: i. Phase 1 Upper Field - Completed. ii. Phase 2 Beach Area iii. Phase 3 Pickleball Court Area 61. Council Chambers AV Improvements: The Planning Dept seeks plug-and-play meeting technology. a. Budget: $10K b. Status: Ordered Equipment for installation 970-390-2014 Page 10 of 10 ewilson@avon.org 62. Rec Center AV/WIFI upgrades: Upgrading Audio and WIFI upgrades – Robert. a. Budget: $65K b. Status: Awaiting Staff Availability 63. Recycling Center Upgrade: Project will repair the asphalt pavement and add concrete pads for the Styrofoam densifier and Cardboard compactor. a. Budget: $110K b. Eagle County (EC)/Town of Avon (TOA) Agreement: i. 50/50 Cost Share ii. EC provides a cardboard compactor at $100K iii. Town of Avon received a grant for a polystyrene compactor c. Status: Design; Construction in Fall 2024 d. Costs: Total Est Project: $430K; 50/50= $215K/stakeholder i. Design & Construction Mgt: $10K ii. Construction: $300K iii. EC Cardboard compactor/containers and catwalks: $100K iv. Security Cameras: $20K e. TOA shortfall $105K ($215K - $110K); EC cash = $115K ($215K-$100K) f. Will present to Council with Notice of Award in Aug 2024 Thank you, Eva 2024 Capital Improvements Project Update (II) Eva Wilson, Public Works Director Capital Improvements Project Update July 23, 2024 Ways To Learn About Work Around Town -Avon Website: Capital Improvement Projects: Regional Road Construction: Active Public Way Permits: Major Development Projects: Capital Improvements Project Update July 23, 2024 Ways To Learn About Work Around Town -Avon Website: Capital Improvement Projects: Capital Improvements Project Update July 23, 2024 Ways To Learn About Work Around Town -Avon Website: Public Way (ROW) Permits: Grading Permits: Capital Improvements Project Update July 23, 2024 2024 CIP By the Numbers: -78 CIP Projects/Contributions ($27,100,000* -Added PW Garage) -16 Completed ($3,100,000) (two are contributions) -7 Design ($6,435,000) -23 Design & Construction Projects ($11,436,000 -Includes PW Garage) -30 projects Awaiting Staff Time ($6,650,000) -9 Projects funded with Grants ($5,100,000) -Team Effort: Engineering, Facilities, Mobility, Fleet and Operations * Budgeted Amount and Actual Amount If Known Capital Improvements Project Update May 14, 2024 2024 Completed Projects Capital Improvements Project Update July 23, 2024 2024 Design Program Capital Improvements Project Update July 23, 2024 2024 Design & Construction Program Capital Improvements Project Update July 23, 2024 2024 CIP Projects Managed By Facilities Capital Improvements Project Update July 23, 2024 2024 CIP Projects Operations Capital Improvements Project Update July 23, 2024 2024 Facilities -Public Works Garage July 23, 2024 Purpose: Construct 5-bay Garage to house snowplows, equipment and vehicle. Budget: $4,165,000 ARPA Funds: $1.6M Reserve Funds: $2,565,000 Project Status: i. Project Awarded –June 5, 2024 ii. Mobilization iii. Modular Demolition –July 17, 2024 iv. Investigating Photovoltaic array combined with battery storage Scope: The Pool deck is very poor conditions. Concrete pool deck and trench drain replacement are needed Additionally, the HVAC ductwork located under the deck in the pool area has deteriorated from water exposure and will need to be replaced Budget: $800,000 (Estimate) Project Status: Preliminary Engineering, Construction Summer 2025 2024 Facilities -Recreation Center Aquatics Deck Repair July 23, 2024 2024 Facilities -Fleet Vehicle Lifts Repair July 23, 2024 Scope: Repair and Replace two (2) Vehicle Lifts •Repair in-ground lift •Purchase mobile lifts Budget: $320,000 Fund: •CDOT Grant: $256,000 •CIP: $64,000 Project Status: •CDOT Contract Executed •Construction: Fall 2024 In-ground Lift Sample 2024 Facilities –Additional Lighting and Signage July 23, 2024 Scope: : Enhance Stage Lighting and Signage to improve Production •Add additional stage lighting •Add Avon sign to stage Budget: $50,000 (estimate) Project Status: •Design Approved by Council •Soliciting quotes for lighting Upgrade Scope: Install standardized monument signs for all Town parks Monument signs for the following Town parks 1.O’Neal Spur Park 2.Saddleridge Park 3.Eaglebend Park 4.Recreation Center Budget: $75,000 Status: Design Complete •Sign Fabrication Completed •Construction Summer/Fall 2024 2024 Facilities -Monument Signs for Parks and Rec Center July 23, 2024 Scope: Construct restrooms and supporting improvements for general park uses and special events Budget: TBD (original project estimate) Project Status: Phase I Utility Relocation, Modular Restrooms, Landscaping/Seating Wall, Skate Plaza (Construction -Fall 2024) -Modular Bathroom Contractor Selected (Green Flush) Phase II: Skate Park (Construction – Summer 2025) Grants: $1M DOLA Grant 2024 Parks and Open Space -Harry A. Nottingham Park East Improvements July 23, 2024 Scope: Enhance Eaglebend Park Budget: $550,000 (GOCO Grant-$375,000) Project Status: •100% Design; $62K •Playground Equipment: -Long lead time: Owner Purchase -Construction: Spring 2025 •Construction Est: ~$700,000 -Anticipated shortfall: $230,000 •Separate Work Session planned 2024 Parks and Open Space -Eaglebend Park Improvements July 23, 2024 2024 Parks and Open Space -West Harry A. Nottingham Park Recreation Trail Replacement July 23, 2024 Scope: Rebuild recreation trail, add new recreation trail connection Red: Full replacement, 8’ wide trail path, light bollards, and landscaping Green: Construct new connector trail, 8’ wide trail path, light bollards, and landscaping Project Cost: •Design: $60,000 •Construction: $542,133 Project Status: •Substantially complete –July 2024 •Awaiting Holy Cross Energy transformer relocation 2024 Parks and Open Space -Railing Repair at Village At Avon July 23, 2024 Scope: Repair and Repaint Railing in the Village at Avon Budget: $35,000 Project Status: -Estimated Completion: July 2024 2024 Parks and Open Space -Post Blvd Irrigation Repair July 23, 2024 Scope: Post Blvd Irrigation was installed in 2003 and needs maintenance and repair Budget: $150,000 Project Status: Repairs Underway 2024 Streets and Parking -Avon Road Safety Improvements –Flashing Beacons July 23, 2024 Scope: Add nine (9) pairs of Pedestrian Flashing Beacons Budget: $500,000 Grants: $440,000 Project Status: In Design, Construction 2025 -Curb Ramps are not ADA compliant -Working with CDOT for additional funds Scope: Traffic Signal, Sidewalks, and Landscaped Median Islands Budget: $3,500,000 (Approved) •$3M Awarded CDOT Grant •$300K Avon CIP •$200K Eagle County Status: In Design •Median and Drainage Design •30% Design Construction Cost Estimate: -$5M (anticipate $2.5M Shortfall) -Separate Work Session planned 2024 Streets and Parking -US6 Safety and Mobility Improvements Project July 23, 2024 2024 Streets and Parking -Swift Gulch Road –Buffalo Ridge Asphalt Repairs and Overlay July 23, 2024 Scope: Mill and Overlay Swift Gulch Road Budget: $800,000 Project Status: Construction Sep/Oct 2024 2024 Streets and Parking -WBCB River Bridge Deck Repair and Railing Upgrade July 23, 2024 Scope: Project will repair potholes and spalls in deck and wearing surface, patch spalls and scaling in rail parapets, and upgrade existing guardrail structure. Budget: $435,500 Grants: $348,397 Project Status: In Design Construction -2025 2024 Streets and Parking -June Creek Emergency Access Project July 23, 2024 Scope: Enhance June Creek Trail to provide access for Emergency Responders and a 2nd egress. Budget: $330,000 Project Status: -Phase I: Civil Work Completed -Phase II: Two Gates - TBD Scope: Install four (4) additional DC Fast Chargers on Town owned parking lot (Tract A: parking adjacent to Christy Sports ). Budget: $775,000 (estimate) Grant Award: $560K Project Status: -Planning –Holy Cross Energy (upgrade Transformer) -Awaiting Grant Contract 2024 Streets and Parking –Tract A DC Fast Chargers (4) Plaza July 23, 2024 Parks and Open Space –EV Charger at PD July 23, 2024 Scope: Chargers will support PD electric vehicles. Project will install two (2) level 2 EV Charger (serving 4 vehicles) Budget: $100,000 Project Status: -Seeking Quotes 2024 Drainage –Flood Mitigation Improvements July 23, 2024 Scope -Debris Flow/Flooding Mitigation: •330 Nottingham Rd •400 WBCB Blvd •Berms •Box Culvert •Drainage/Sidewalk Improvements •Parking Lot Regrade Cost Estimate: $2M (Planning) •$1.4M (Pursuing FEMA Grant) •$600K (Local Match –Private & Gov’t) •2024 BRIC Grant –Rejected •2024 FMA Grant -Pending Scope: Debris Flow/Flooding Mitigation -Basin 4 improvements •Reshape Sedimentation Pond •Reshape Flow Channel •Install In-channel Weirs •Install Erosion Control Flexamats Budget: $400K Project Status: -Final Review/Adjustments 2024 Drainage –Nottingham Rd Basin 4 Erosion Control July 23, 2024 2024 Utilities –Recycling Center Upgrade July 23, 2024 Scope: Upgrade recycling center •Efficiently layout recycling equipment; Repaving; Provide power the site Avon Budget: $110,000 (pavement & electrical work) 50/50 Eagle County (EC)/Town of Avon (TOA) Agreement: •EC provide a cardboard compactor at $100K •Town of Avon received a grant for a polystyrene compactor Project Status: Design, Construction Fall 2024 -Design & Construction Mgt: $10,000 -Construction: $300,000 -Cardboard compactor/containers/catwalks: $100,000 -Security Cameras: $20,000 •Total Est Project: $430,000; 50/50= $215,000 •TOA shortfall $105,000; EC cash = $115,000 970-748-4021 pmckenny@avon.org TO: Honorable Mayor Phillips and Council members FROM: Patty McKenny, Deputy Town Manager RE: Work Session: Review of the Proposed Amendments to the Council Handbook DATE: July 19, 2024 SUMMARY: This agenda item provides an opportunity for Council to review and consider a number of amendments to the Council Handbook. A review of sections of the handbook will allow for Council feedback and input during the meeting. The Council Handbook will be adopted by Resolution, currently scheduled for the regular meeting on August 13, 2024. BACKGROUND: Town Council directed staff to review the current Council Handbook with a focus on a number of topics, including general and remote attendance policy, use of email, council compensation, adding information about the DDA and CORE Transit (EVTA), and quasi-judicial proceedings, to name a few. The Mayor Pro Tem and a number of staff, including Town Manager, Town Attorney, Deputy Town Manager, Chief Administrative Officer and Town Clerk, reviewed and revised the handbook as reflected in Attachment A. There are a number of guiding documents housed on the Government page on the town’s website, Government | Avon, CO - Official Website and the current version can be viewed at this link. The sections of the handbook address many topics, some which are practical and pragmatic and others that address laws, policy, process and financial decision making, sections described on page 7, Table of Contents. ANALYSIS: Town staff continue to determine if additional changes need to be made to some sections, i.e. Section III Budget. The “Simplified Rules of Order” will also receive attention that would result in additional revisions. FINANCIAL CONSIDERATIONS: There are no financial impacts with this process. PROPOSED MOTION: This handbook is presented as a work session and no formal action is required. Thank you, Patty ATTACHMENT A: DRAFT 2024 Town Council Handbook ATTACHMENT B: Council Handbook Comparison / Redline of changes & updates Updated June 2024 ATTACHMENT A TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 2 OF 51 OVERVIEW This Town Council Handbook provides a comprehensive guide and reference for Council members as a benefit for both new and existing Council members. Throughout this Handbook the term “Councilor” references to all Council members, including the Mayor and Mayor Pro-Tem; the term “Council” refers to the Avon Town Council; the term “Staff” refers to Town Staff; the term “AMC” refers to the Avon Municipal Code; and the term “Charter” refers to the Avon Home Rule Charter. In some cases, this Handbook is addressed to each Councilor as “you”. I. COUNCIL MEETING LOGISTICS • Council determines the schedule of Council meetings. Generally, Council meets on the 2nd and 4th Tuesday of each month. A draft schedule of Council meetings is presented for Council review and adoption at the beginning of the calendar year. Council may choose to cancel regularly scheduled meetings or schedule special meetings at any time in accordance with Chapter V – Council Procedure of the Charter. • The Council regular meeting agenda and packet will be available on the Friday afternoon before the Council meeting, generally by 5:00 p.m., for review by Councilor’s before the Tuesday meeting. • In January 2025 you will receive a Town-owned tablet or laptop to access your Council email account and the electronic packet. Electronic packets are available at www.avon.org/packets. • Subject to the needs of Council, meetings can be attended virtually on Zoom, in whole or in part, and can be scheduled as a hybrid virtual and in-person meeting. Hybrid or virtual-only meetings will be set-up by the Chief Administrative Officer, who will send you panelist links via email on the day of the meeting. Feel welcome to join 10 minutes early to test your audio/video. • The remote attendance policies for virtual attendance at virtual-only and hybrid virtual/in-person meeting is in the Simplified Rules of Order in Appendix 2 to this Handbook. • Dinner will be provided at each Council meeting at least 15 minutes before the start of the meeting. Feel welcome to arrive early. If you have any special dietary needs, please contact the Deputy Town Clerk or Chief Administrative Officer and advise of any restrictions. • Council seating assignments at the Council dais are determined by the Mayor in consultation with all Councilor. • As all meetings are recorded. Please verify that your microphone is on and speak directly into an active microphone on the dais in front of you during the meeting. II. THINGS TO KNOW AND DO Contact Information: Council has four official professional positions which are appointed by Council and overseen by Council: Town Manager, Town Attorney, Municipal Judge and Prosecuting Attorney. These positions are the Council’s only “direct reports”. All other Staff report directly or indirectly to the Town Manager. Section I of this Handbook explains the roles and responsibilities for communication to the Town Manager and the Staff. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 3 OF 51 Contact information for the direct reports to Council, Department Directors and General Government Department Staff are provided as follows: Name Role Contact Info Eric Heil Town Manager eheil@avon.org 970.748.4004 (D) Patty McKenny Deputy Town Manager pmckenny@avon.org 970.748.4021 (D) Ineke de Jong Chief Administrative Officer idejong@avon.org 970.748.4013 (D) Elizabeth Wood Marketing & Communications Manager ewood@avon.org 970.748.4087 (D) Danita Dempsey Culture, Arts & Special Events Manager ddempsey@avon.org 970-748-4065 (D) Miguel Jauregui Casanueva Town Clerk mjauregui@avon.org 970.748.4001 (D) Brenda Torres Deputy Town Clerk & Court Clerk btorres@avon.org 970.748.4001 (D) Charlotte Lin Sustainability Coordinator clin@avon.org 970.748.4083 (D) Nina Williams Town Attorney nina@wwfdlaw.com 303.376.8512 (D) Buck Allen Municipal Judge ballen@vailgov.com 970.479.2131 (D) Taggart Howard Town Prosecuting Attorney taggarthoward@me.com 970.926.6556 (D) Paul Redmond Chief Financial Officer predmond@avon.org 970.748.4088 (D) Robert McKenner Chief Information Officer rmckenner@avon.org 970.748.4034 (D) Matt Pielsticker Community Development Director mpielsticker@avon.org 970.748.4413 (D) Eva Wilson Public Works Director ewilson@avon.org 970.748.4111 (D) Michael Labagh Recreation Director mlabagh@avon.org 970.748.4446 (D) Greg Daly Chief of Police gdaly@avon.org 970.748.4049 (D) TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 4 OF 51 1. Mail: Correspondence as mail addressed to Council is copied and distributed to all Council members. Mail is placed in mailboxes, marked with your name, and located in the central mail area on the first floor of Town Hall. 2. Email: A Town of Avon e-mail address and account will be provided for all incoming Council members to be used for all Town of Avon business. • You may access the e-mail account from https://login.microsoftonline.com. • E-mail correspondence addressed to Council and received by the Town’s website or Staff, is forwarded to all Council members. The Town Clerk’s office retains a copy for the public record. • IMPORTANT INFORMATION FOR THE USE OF TOWN EMAIL: o The Town of Avon uses an e-mail archiver, which retains a copy of every outgoing and incoming email for at least two (2) years. o Councilors should consistently use the official Avon email address for any and all correspondence concerning Town business. If personal email is used to conduct Town business, all personal email may be subject to a public records request. o Should an email be addressed to three (3) or more Councilors, DO NOT ‘Reply All’ because this back and forth email amongst three or more Councilors could be categorized as a “meeting” under Colorado Sunshine Law a/k/a Open Meetings Law. You may respond individually to intended Staff recipients as needed, thereby preventing the need for public notices and minutes. The Town Manager should always be included on communications with Staff. It is customary to also copy the Staff person’s Department Director on all email communication with Staff. 3. Websites, Newsletters & Press Release: The Town hosts three websites. 1. The primary and most comprehensive website, www.avon.org, includes everything related to the Town’s operations and governance. On this site you can also sign up for automatic email alerts for a variety of the Town notifications including general information, construction updates, job postings, youth programs, meeting agendas, and much more. 2. The Town’s second website, www.discoveravon.org, is devoted to all the ways to enjoy Avon to the fullest from special events, outdoor activities, dining, shopping, and accommodations. 3. The Town’s third website, engage.avon.org, is a community-engagement platform used to solicit public feedback on a variety of Town projects. Participants can take surveys and share ideas. All Councilors are strongly encouraged to sign up for the Town’s monthly newsletter (the Avon Heartbeat) and Town notifications / press releases. Go to www.avon.org/notifyme to sign up and select the notifications you’d like to receive. In addition, Councilors are encouraged to Like and follow the Town’s social media page on Facebook. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 5 OF 51 4. Rules and Procedures: On January 14, 2014, the Council adopted the initial Council Simplified Rules of Order in order to establish rules and procedures for the Council during its meetings; the newest version of the Simplified Rules was adopted on __________ 2024. The intent is to set simplified rules which are readily accessible and usable by the Councilors and understandable by the general public. The Simplified Rules of Order contain the following sections: • Standards of Conduct for Avon Town Meetings • Mayor • Agendas • General Attendance Policy • Remote Attendance Policy • Motions • Meeting Conduct • Public Comments • Public Hearing • Executive Sessions For your convenience, the Simplified Rules of Order have been attached at the end of this Handbook in Appendix 2. 5. Council Compensation, Benefits Enrollment and Federal Forms Packet: Per AMC Section 2.04.010, compensation for Councilors is as follows: Council Members shall receive compensation for their service in office in accordance with the following schedule: (1) Mayor: One thousand dollars ($1,000.00) per month (until December 10, 2024). This amount is increasing to one thousand five hundred dollars ($1,500) per month on/after December 11, 2024 to December 8, 2026. This amount is increasing to two thousand dollars ($2,000) per month on/after December 9, 2026 to December 12, 2028. This amount is increasing to two thousand two hundred dollars ($2,200) on/after December 13, 2028. (2) Mayor Pro Tem: Seven hundred fifty dollars ($750.00) per month (until December 10, 2024). This amount is increasing to one thousand one hundred twenty-five dollars ($1,125) per month on/after December 11, 2024 to December 8, 2026. This amount is increasing to one thousand five hundred dollars ($1,500) per month on/after December 9, 2026 to December 12, 2028. This amount is increasing to one thousand six hundred fifty dollars ($1,650) on/after December 13, 2028. (3) All other Council Members: Five hundred dollars ($500.00) per month (until December 10, 2024). This amount is increasing to seven hundred fifty dollars ($750) per month on/after December 11, 2024 to December 8, 2026. This amount is increasing to one thousand dollars ($1,000) per month on/after December 9, 2026 to December 12, 2028. This amount is increasing to one thousand one hundred dollars ($1,100) on/after December 13, 2028. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 6 OF 51 You are encouraged to contact Human Resources, to set up an appointment time to review and fill out a list of new employee documents, ask any questions and complete the benefits enrollment process. Note that the Town’s health insurance policy has strict enrollment deadlines. Please work with the Human Resources Division regarding benefits. 6. Liability Prevention Training Tools: The Town of Avon’s primary liability insurance company is Colorado Intergovernmental Risk Sharing Association (“CIRSA”) which is used by nearly all municipalities and counties in Colorado. CIRSA is a member-owned self-insurance pool. CIRSA has a variety of liability prevention training tools for newly elected officials. All of the training programs are complimentary as a benefit of membership in CIRSA, and you are strongly encouraged to review: • In the Scope of Your Authority: Preventing Public Officials’ Liability, which is available on YouTube at https://www.youtube.com/watch?v=r5GK6LvCA7s • The Ethics, Liability & Best Practices Handbook for Elected Officials (Appendix 7) 7. Other: There is much more to Know and Do in your role as a Councilor of the Town of Avon. The following sections of this Handbook provide a compilation of some important resources and additional information to help you begin your work. Should you need assistance or want to further review this information, please contact the Chief Administrator Officer. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 7 OF 51 Table of Contents SECTION I: BASICS OF TOWN GOVERNMENT TOWN COUNCIL ROLE AND RESPONSIBILITIES GENERAL DECORUM AND CONDUCT OF TOWN COUNCIL SOCIAL MEDIA POLICY COUNCIL-MANAGER FORM OF GOVERNMENT TOWN ATTORNEY AVON IS A HOME RULE MUNICIPALITY TOWN CHARTER & TOWN CODE GENERAL POWERS AND RESPONSIBILITIES OF THE TOWN COUNCIL BOARDS AND COMMISSIONS TOWN ORGANIZATIONAL CHART STAFF COMMUNICATION SECTION II: TYPES OF COUNCIL ACTIONS ORDINANCES RESOLUTIONS MOTIONS PROCLAMATIONS SECTION III: BUDGET TOWN BUDGET OVERVIEW BUDGET MESSAGE BUDGET CONTENT CAPITAL PROGRAM PUBLIC HEARING COUNCIL ACTION ON BUDGET CONTINGENCIES PUBLIC RECORDS AMENDMENTS AFTER ADOPTION INDEPENDENT AUDIT SECTION IV: COUNCIL ACTING AS OTHER AUTHORITIES LIQUOR LICENSING AUTHORITY BOARD OF APPEALS URBAN RENEWAL AUTHORITY DOWNTOWN DEVELOPMENT AUTHORITY AVON AFFORDABLE HOUSING AUTHORITY SECTION V: PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION OVERVIEW SECTION VI: CITIZEN COMMITTEES CULTURE, ARTS & SPECIAL EVENTS COMMITTEE FINANCE COMMITTEE HEALTH & RECREATION COMMITTEE SECTION VII: MUNICIPAL LAWS OPEN MEETINGS LAW COLORADO OPEN RECORDS ACT MEETING MINUTES AND RECORDINGS RECORD RETENTION POLICY / SCHEDULE TOWN CODE OF ETHICS LEGISLATIVE MATTERS V. QUASI-JUDICIAL PROCEEDINGS LEGAL ACTIONS: RULE 106(A), SECTION 1983 CLAIMS, AND OTHER CLAIMS GOVERNMENT IMMUNITY TABOR COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA) SECTION VIII: POLICY DOCUMENTS COMPREHENSIVE PLAN COMMUNITY HOUSING PLAN CLIMATE ACTION PLAN OVERVIEW OTHER PLANS SECTION IX: AFFILIATIONS COLORADO MUNICIPAL LEAGUE (CML) COLORADO ASSOCIATION OF SKI TOWNS (CAST) CLIMATE ACTION COLLABORATIVE (CAC) COLORADO COMMUNITIES FOR CLIMATE ACTION (CC4CA) I-70 COALITION NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG) EAGLE VALLEY TRANSPORTATION AUTHORITY (EVTA) EGE AIR ALLIANCE (EGE) VAIL VALLEY PARTNERSHIP (VVP) EAGLE RIVER COALITION URBAN RUNOFF GROUP (URG) EAGLE RIVER WATER & SANITATION DISTRICT (ERWSD) & UPPER EAGLE RIVER WATER AUTHORITY (UERWA) EAGLE COUNTY COMMUNITY WILDLIFE ROUNDTABLE SPEAKUP REACHOUT EAGLE VALLEY BEHAVIORAL HEALTH EAGLE COUNTY EMERGENCY RESPONDERS FUND (ECERF) EAGLEBEND AFFORDABLE HOUSING BOARD EAGLEBEND DOWD AFFORDABLE HOUSING BOARD BUFFALO RIDGE AFFORDABLE HOUSING BOARD SECTION X: APPENDICES APPENDIX 1 – TOWN ORGANIZATIONAL CHART APPENDIX 2 – COUNCIL SIMPLIFIED RULES OF ORDER APPENDIX 3 – REMOTE MEETING ATTENDANCE POLICES APPENDIX 4 – BOARDS AND COMMITTEES APPENDIX 5 – RESOLUTIONS ESTABLISHING CITIZEN COMMITTEES APPENDIX 6 – CML ELECTED OFFICIAL’S STARTER KIT APPENDIX 7 – ETHICS, LIABILITY AND BEST PRACTICES HANDBOOK FOR ELECTED OFFICIALS APPENDIX 8 – ADOPTED 2024 BUDGET APPENDIX 9 – CLIMATE ACTION PLAN APPENDIX 10 – COMPREHENSIVE PLAN APPENDIX 11 – HOUSING PLAN TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 8 OF 51 SECTION I: BASICS OF TOWN GOVERNMENT Town Council Role and Responsibilities Councilors are the leaders and policy makers of the Town of Avon. Council has the authority to approve laws and regulations and adopt policies that direct our municipal government. Council elects the Mayor and the Mayor Pro Tem and appoints the Town Manager, the Town Attorney, the Municipal Court Judge and Prosecuting Attorney. These professional positions serve at the will of the Town Council. General Decorum and Conduct of Town Council General Decorum. Councilors are strongly encouraged to exercise principles of general decorum in all aspects of their official Town conduct including, but not limited to, public statements, press releases, media interviews, and written correspondence constituting a public record. The phrase "general decorum" means politeness, courtesy, professionalism, and avoidance of personal insults, ridicule, bullying, slanderous remarks, and ad hominem attacks with respect to Town officials, Staff/employees, fellow Councilors, and the general public. Town Councilors shall not attend Town Council meetings in an intoxicated state. Conduct outside of Meetings. Councilors’ behavior and conduct serve as models for proper decorum in the Town of Avon. Councilors should not make promises or guarantees on behalf of the Town or its Staff, boards, committees, commissioners, Council or other Councilors. While it can be acceptable to publicly disagree about an issue, Councilors are strongly discouraged from making personal attacks or derogatory remarks about other Council members, their opinions, and their actions. If a Councilor appears in a non- official representative capacity before another governmental agency or organization, they shall clearly state that their presence and the statements they make are their own while bearing in mind that such appearance may reflect upon the Town despite such disclaimers. Use of Electronic Devices. Councilors may use computers, electronic tablets, smart phones, personal digital assistants, and similar devices, whether personal or Town-issued, to access data during Council meetings and Town-related work sessions in a manner that is not distracting to others or disruptive to the meeting or session. Councilors shall not communicate using telephonic, text messaging, video chat/streaming, e-mail, or any form of social media during a Council meeting or work session. Personal communication should be kept to a minimum and utilized only for urgent family or personal communications during Council meetings. During quasi-judicial matters, Councilors shall not make, receive, or send personal or private phone calls, text messages, or e-mails while at the Council dais; see Section VII for more information about quasi-judicial matters. Councilors shall not communicate in any electronic format with another Councilor during a Council meeting, work session, or quasi-judicial matter. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 9 OF 51 Social Media Policy This policy applies to any pre-existing or proposed social media tools including, but not limited to, social media websites, blogs, microblogging, discussion forums, photo and video sharing websites, Wikipedia and similar media, and virtual platforms used to conduct official Town business including: • Matters effecting the Council’s policy making functions; • Discussion or undertaking of a rule, regulation, ordinance, or formal action of the Council; • Quasi-judicial matters; and • Exercise of functions required or authorized by law or involving the receipt or expenditure of public funds. The requirements below should not replace good judgment when posting and utilizing any of the social media set forth above and Councilors are expected to adhere to the follow guidelines when engaging in social media use: • Councilors shall not reveal any confidential or privileged information about the Town, its constituents, its Staff/employees, or its contractors. • Councilors should be honest and accurate to the best of their ability when posting information or news that pertains to the Town and should promptly correct any mistakes, misstatements, and/or factual errors in content they post upon discovery of the same. Councilors shall not post or share information they know is false or intentionally misleading. • Councilors shall not represent that they are acting as a spokesperson for the Town Council, a board or committee, administration, or a department unless they have been designated to serve as a spokesperson for such issue or entity. • Councilors shall not remove comments based on the viewpoint or opinion expressed. Council-Manager Form of Government The Town of Avon has a Council-Manager form of government, which means the Council establishes priorities and policies and the Town Manager implements the Council’s directives. The Town Manager is the chief executive officer of the Town and is responsible for carrying out the Council’s directives and administering the day-to-day operations of the Town. The Town Council should communicate all directives to the Town Manager and the Town Manager, in turn, directs Staff. The Town Council should always refrain from attempting to direct Staff. The Charter for the Town of Avon, states that the Council shall not give orders to any subordinates of the Town Manager (Home Rule Charter Chapter 8.5). TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 10 OF 51 Town Attorney The Town Attorney is appointed by the Council and serves as a direct report. Councilors may directly contact and communicate with the Town Attorney. The Town Attorney is the legal representative of the Town and advises Council, the Town Manager and Staff on legal matters. The general legal responsibilities of the Town Attorney include: • Provide legal assistance necessary for the formulation and implementation of legislative policies. • Represent the Town’s interests, as determined by the Council, in litigation, administrative hearings, negotiations and similar proceedings. • Monitor litigation matters that are being actively handled by outside counsel. • Prepare ordinances, resolutions, contracts and other legal documents. • Keep Council and Staff apprised of legislation and court rulings affecting the legal interests of the Town. • Attend Council meetings, and where necessary, other board and commission meetings. • Respond to all inquiries and communications of a general legal nature from Council, Town Manager and Staff. • Represent the Town in its dealings and negotiations with federal, state and local governmental entities and agencies, special improvement districts and utilities. • Advise on employment matters and advise on all local governmental laws relevant to municipal operations. Avon is a Home Rule Municipality Avon is a “Home Rule” municipality, a form of government in Colorado under the control of local citizens rather than state government. Towns and cities in Colorado can be either Home Rule or Statutory. Home Rule municipalities have all the powers not expressly denied by the Colorado Constitution and state statutes. Statutory municipalities have only the powers expressly given to them by the Colorado Constitution and state statutes. Home Rule municipalities essentially have more power on a local level. Town Charter & Town Code The Town’s Home Rule Charter is akin to a constitution for the Town; the Charter defines organizational forms and the powers and duties of Town officials. Voters in the Town approved the Charter in 1978. The laws, rules and regulations that govern and guide the Town’s government are included in the Charter and the Avon Municipal Code (“AMC”). The AMC can be amended by the Council through the adoption of ordinances; however, the Charter can only be amended by a vote of the electors of the Town. The Charter and AMC can be accessed at the following link, which is available on the Town’s website: https://library.municode.com/co/avon. See Section VII below for more information. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 11 OF 51 General Powers and Responsibilities of the Town Council It is important that the Council act as a body. No member of the Council has any more power than other members of the Council. The Mayor and Mayor Pro Tem have additional ceremonial and administrative responsibilities (such as signing certain official documents and chairing meetings); however, all members of the Council are peers with equal rights and duties regarding the establishment of policies. Policy is established by at least a majority vote of the Council. While individual members of the Council may disagree with decisions of the majority, a decision of the majority binds the Council to a course of action. The Mayor presides at all meetings of the Council. The Mayor does not possess any power of veto. The Mayor votes on matters in the same manner as other Council members except that the Mayor votes last during a roll call vote. As presiding officer of the Council, the Mayor should communicate the will of the Council majority in matters of policy. The Mayor is also the official head of the Town for all ceremonial purposes (Home Rule Charter Chapter 4.4). Upon election, each Councilor must take the oath of office set forth in the Charter and is expected, thereafter, to act in accordance with that oath, the Charter and the AMC. Boards and Committees Councilors are assigned to serve on various boards and committees to represent the Town and are expected to abide by the parameters of their roles on such boards and committees. The list of Intergovernmental Committees and Authorities that require Council assignments is attached at the end of this Handbook in Appendix 4. Council appointments are usually approved by Council motion and by majority vote of the quorum present. It is not a conflict of interest for a Council member to vote for their own appointment to a board or committees. Councilors should timely keep the Town Manager and Mayor informed of the schedule and actions of such boards and committees. Council shall also be kept informed of substantive actions of such boards and committees and appointed Council members shall strive to solicit Council input and direction on substantive decisions of such boards and committees which may materially affect the Avon community. Councilors should be mindful of their availability and ability to commit to serving on boards or commissions in addition to their service on Council and personal and professional endeavors outside of that role. Town Organizational Chart The Town Organizational Chart is a diagram that details the structure of the organization, including the relationships between departments and relative ranks of positions. For your convenience the most current version of the Town’s Organizational Chart is included at the end of this Handbook in Appendix 1. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 12 OF 51 Staff Communication Effective governance of the Town relies upon the cooperation efforts of Councilors who set policy and Staff who implement and administer the Council’s policies. Councilors should make every effort to be cooperative and show mutual respect to the Staff. Councilors should refrain from involvement in administrative and employment functions of the Town. The role of Councilors should focus on policy matters, such as adopting ordinances and resolutions, adopting the budget, setting annual goals, providing direction on numerous projects, and providing direction in response to community matters. Individual Council members have the right to ask Staff any questions per the Charter, but may not direct Staff. Questions should be submitted to the Town Manager or to Department Directors with copying the Town Manager. Concerns or criticisms of any Staff persons should be made directly to the Town Manager and/or the Mayor. Councilors are encouraged to be conscious and sensitive to the negative impact of public criticism on Staff as well as the negative impact to the Town’s image. Councilors should not attempt to influence or direct Manager or Staff on the making of appointments, employment or personnel matters or decisions, awarding of contracts, selection of consultants, processing of development applications, or granting of licenses or permits. Council members should not solicit political support from Staff in any form including, but not limited to, financial contributions, display of posters or law signs, or name on support lists. Staff may support political candidates in a private citizen capacity but all such activities shall be done away from the work place and during private time. Inappropriate involvement in administrative or personnel matters by Councilor(s) can create legal liabilities for Town as well as personal liabilities for the individual Council member and may cause disruption and inefficiencies in Town governance and operations. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 13 OF 51 SECTION II: TYPES OF COUNCIL ACTIONS Ordinances Ordinances are local laws enacted by the Council. Ordinances are required for every act making an appropriation, creating indebtedness, authorizing the borrowing of money, levying a tax, establishing regulations for which a penalty is imposed, placing a burden upon or limiting the use of private property (e.g. zoning and land use regulations), except that the adoption of the budget and levying of an ad valorem tax (i.e. property tax) is adopted by resolution according to the Charter. Ordinances are required to be approved by two readings, a first reading and a second, final reading except that emergency ordinances can be approved in one reading. A public hearing must be held on second reading or for an emergency ordinance. Quasi-judicial land use matters typically notice and schedule public hearings for both first reading and second reading. Ordinances must be approved by the concurring vote of four (4) Council members except that emergency ordinances require the concurring vote of five (5) Council members. Resolutions Resolutions adopt policies and remain in effect until rescinded or amended by the Council. Resolutions may enact legislation or policy that is not subject to penalties for violation. A resolution may also state Council’s opinion or position on an issue. Resolutions are adopted in one reading by a majority of the quorum present at a Council meeting. Motions Motions are the basic form of meeting procedure and may also be used to approve matters or take actions that do not require the adoption of an Ordinance or Resolution. A motion is used to indicate action on a procedural matter, such as scheduling a special meeting, approving an agenda item or report or taking action. Motions may also be used to formally direct the Town Manager. Motions are approved by a majority vote of the quorum present at a Council meeting. Motions are also the procedure for Council to place an action item on the floor for Council consideration, which requires both a motion and a second. Examples: “I move to approve Ordinance No. 24-XX on first reading,” “I move to approve Resolution No. 24-XX”, “I move to approve the Council meeting minutes,” or “I move to direct the Town Manager to do [XX matter].” Proclamations Proclamations are used to express appreciation for an event, organization or individual and are usually requested by a supporting organization. If a group or individual requests a proclamation, the Mayor may place the matter on the agenda for Council action. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 14 OF 51 Voting and Action Council voting may occur through a roll call vote or a voice vote. A vote to approve an action requires at least one more “yes” vote (or “Aye”) than a “no” vote (or “Nay”). In the event of a tie vote, no action is taken. Pursuant to the Simplified Rules of Procedure, if a tie vote occurs, if the majority of votes are negative, or if an insufficient number of affirmative votes are not provided, then Council may either consider alternatives to the proposed action or may decide to move on to other agenda items. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 15 OF 51 SECTION III: BUDGET Town Budget Overview The annual Town of Avon Budget is the official document which appropriates expenditures for the fiscal year. The Town’s fiscal year begins on the first day of January and ends the last day of December each year. The Budget consists of two parts: (1) an estimate of revenues; and, (2) a tabulation of the estimated cost of each item in the budget. The Town Manager develops a budget calendar and then prepares a proposed budget for Council review and adoption pursuant to Chapter XII – Finance and Budget of the Charter. The Budget contains an operational budget, a capital budget, and variety of supplemental budgets for separate funds. Certification of the Town’s mill levy must be adopted by Resolution no later than December 15 of each year. The Budget is typically adopted on or before December 15 of each year. If the Budget is not adopted then the amounts approved for operation of the current fiscal year are deemed adopted for the next fiscal year on a month-to-month basis until Council adopts the annual budget (Charter - Section 12.7(b)) The Budget is split into the following funds: (1) General Fund (2) Capital Improvements Projects Fund (CIP Fund) (3) Debt Reserve Fund (4) Mobility Fund (5) Avon Urban Renewal Authority Fund (6) Downtown Development Authority Fund (7) Supplemental Funds, which include: (a) Community Enhancement Fund (b) Community Housing Fund, Disposable Paper Bag Fee Fund (c) Exterior Energy Offset Fund (d) Fleet Maintenance Fund and Equipment Replacement Fund (e) Water Fund. The 2024 Adopted Budget can be found in Appendix 8 and accessed on the Town’s website at www.avon.org/budget. Councilors may receive, upon request, a hard copy of the adopted budget once the adopted budget is published. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 16 OF 51 Budget Message The Town Manager prepares the annual Budget in accordance with the Charter which is required to include a “budget message”. The budget message explains the budget both in fiscal terms and in terms of the work program. The budget message contains the proposed financial policies of the Town for the next fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues, together with the reasons for such changes, summarize the Town's debt position, give the balance between the total estimated expenditures and total anticipated revenue from all sources, taking into account the estimated surpluses or deficits in the various funds, and include such other material as the Manager deems necessary or which the Council may require. Budget Content The Budget shall provide a complete financial plan of all municipal funds and activities for the next fiscal year and, except as required by law or the Charter, shall be in such form as the Town Manager deems desirable or the Council may require. In organizing the Budget, the Town Manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity, and object. It shall begin with a clear general summary of its contents and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the preceding fiscal year. It shall include the following in separate sections unless otherwise provided by ordinance: (a) Anticipated revenues classified as cash surplus, miscellaneous revenues, and amounts to be received from property tax; cash surplus being defined for purposes of this article as the amount by which cash is expected to exceed current liabilities and encumbrance at the beginning of the next fiscal year; (b) Proposed expenditures for current operations during the next fiscal year, detailed by offices, departments and agencies in terms of their respective work programs, and the method of financing such expenditures; (c) A reasonable provision for contingencies; (d) A capital depreciation account; (e) Required expenditures for debt service, Judgments, cash deficient recovery and statutory expenditures; (f) Proposed capital expenditures during the next fiscal year, detailed by offices, departments and agencies when practicable and the proposed method of financing each such capital expenditure; (g) Anticipated net surplus or deficit for the next fiscal year for each utility owned or operated by the Town and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendices to the budget; (h) The bonded and other indebtedness of the Town, showing the debt redemption and interest requirements, the debt authorized and unissued, and the condition of sinking funds, if any; TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 17 OF 51 (i) Such other information as the Council may request. Capital Improvements Projects Plan (a) The Town Manager shall prepare and submit to the Council a long-range capital improvements projects plan (“CIP Plan”) simultaneously with the proposed Budget. The CIP Plan incorporates and implements the direction and goals of Council. (b) The CIP Plan shall include the following, unless otherwise provided by ordinance: (1) A clear general summary of its contents; (2) A list of all capital improvements which are proposed to be undertaken during the following fiscal years, with appropriate supporting information as to the necessity for the improvement; (3) Cost estimates, method of financing and recommended schedules for each such improvement; (4) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; and, (5) Such other information as the Council may request. This information may be revised or extended each year with regard to capital improvements still pending or in process of construction or acquisition. Public Hearings Public hearings on the proposed Budget and proposed CIP Plan shall be held before final adoption at such time and place as the Council may direct. Notice of such public hearing and notice that the proposed Budget is on file for public inspection in the Town Hall shall be published at least seven days prior to the public hearing. Council shall also conduct a public hearing before adopting any amendments to the Budget. Council Action on Budget (a) Amendments. After the public hearings, the Council may adopt the Budget with or without amendment. In amending the Budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law for debt service or for estimated cash deficit. (b) Adoption. The Council shall adopt the Budget by Resolution on or before the final day established by law for the certification of the next year's tax levy to the county, usually December 15 each year. If the Council fails to adopt the Budget by this date, the amounts appropriated for the operation of the current fiscal year shall be deemed adopted for the next fiscal year on a month-to-month basis, with all items TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 18 OF 51 in it prorated accordingly, until such time as the Council adopts the budget for the next fiscal year (Charter - Section 12.7(b)). (c) Balanced Budget. The Budget’s total of the proposed expenditures and provisions for contingencies shall not exceed the total of estimated revenue and unrestricted reserves. (d) Tax Levy. Adoption of the Budget by Council shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the property tax proposed. Council shall cause the same to be certified to the appropriate authorities as required by law. Contingencies The Budget may include an item for contingencies. Except in those cases where there is no logical amount to which an expenditure can be charged, expenditures shall not be charged directly to contingencies; but instead, the necessary part of the appropriation for contingencies shall be transferred to the logical account, and the expenditure charged to such account. No such transfer shall be made without the express approval of the Council, and then only for expenditures which could not readily be foreseen at the time the budget was adopted. Public Records Copies of the Budget and CIP Plan as adopted are public records and shall be made available to the public in the Town Hall and on the avon.org website. Amendments after Adoption (a) Supplemental Appropriations. If during the fiscal year the Town Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by resolution may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with provisions of the Charter. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may by emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of any fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the Town Manager that the revenues available will be insufficient to meet the amount appropriated, the Town Manager must report to the Council without delay, indicating the estimated amount of deficit, any TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 19 OF 51 remedial action taken and recommendation(s) as to any other steps to be taken. The Council shall then take action to prevent or minimize any deficit and for that purpose it may by resolution reduce one or more appropriations. (d) Transfer of Appropriations. Any time during the fiscal year, the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency and, upon written request by the Town Manager, the Council may by resolution transfer part or all of any unencumbered appropriation balance from one department, office, agency or object to another. (e) Limitation - Effective Date. No appropriation for debt service may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriation and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Independent Audit An independent audit shall be made of all Town accounts at least annually, and more frequently if deemed necessary by the Council. Such audit shall be made by certified or registered public accountants, experienced in municipal accounting, selected by the Council. The Town’s current independent audit auditor in 2024 is McMahon and Associates, LLC located in Chapel Square, Avon. Copies of audits shall be made available for public inspection at the Town Hall and on the avon.org website. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 20 OF 51 SECTION IV: COUNCIL ACTING AS OTHER AUTHORITIES Liquor Licensing Authority The Council serves as the Local Liquor Licensing Authority. Please refer to the following excerpt from AMC Chapter 5.08 for more information: 5.08.010 Purpose Pursuant to the authority of Articles 47 and 48 of Title 12, C.R.S., 1973, as amended, which are specifically adopted by the Town, this Chapter is enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the Town by regulating, controlling and licensing the sale of malt, vinous and spirituous liquors. (Ord. 79-22 §1) 5.08.020 Local Licensing Authority – Establishment There is created and established a Local Liquor Licensing Authority for the Town which shall have and is vested with the authority to grant or refuse licenses for the retail sale of malt, vinous and spirituous liquors, as provided by law, to conduct investigations in connection therewith, and to suspend or revoke such licenses for cause in the manner provided by law. The Local Liquor Licensing Authority shall have all the powers and authority granted by Title 12, Articles 47 and 48, C.R.S., 1973, as amended, and by the terms and provisions of this Chapter. (Ord. 79-22 §2(A)) 5.08.030 Local Licensing Authority – membership – organization – compensation (a) Until such time as the Town Council may determine otherwise by ordinance, the membership of the Local Liquor Licensing Authority shall be composed of each and every member of the Town Council. (b) At the next meeting of the Local Liquor Licensing Authority following the final passage of the ordinance codified in this Chapter a chairperson and vice-chairperson shall be elected by those members present at that time from among the entire membership of the authority. The chairperson shall preside at meetings, rule on questions pertaining to procedure and admissibility of evidence and perform such other duties as may be necessary. The vice-chairperson shall assume the duties of the chairperson when the chairperson is absent or incapacitated. A quorum shall consist of four (4) members, and a decision of a majority of the members present at any meeting shall control. The chairperson or acting chairperson shall have full voting rights the same as any other member. (c) Members of the Local Liquor Licensing Authority shall be compensated in the sum of twenty-five dollars ($25.00) for each meeting attended; except that no member shall receive more than fifty dollars ($50.00) in compensation for his or her services rendered during any one (1) month. (Ord. 79-22 §2 (B, C, G)) The Deputy Town Clerk coordinates and administers the liquor licensing application process on behalf of the Town of Avon Local Liquor Board and the State of Colorado Liquor Enforcement Division. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 21 OF 51 Council has delegated authority to the Town Clerk to administer routine liquor license applications, including: o Renewals of Liquor Licenses o Modifications o Special Event Permits The Local Liquor Licensing Authority board reviews the following applications: o Applications for new liquor licenses o A change in premise of liquor licenses o Routine applications reviewed by the Town Clerk if there are any violations or new matters revealed in a background check. Board of Appeals The Council serves as the Board of Appeals. Please refer to the following excerpt from AMC Chapter 15.06 for more information: 15.06.010 - Appeals to Town Council A person shall have a right to appeal a decision of the Building Official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty (20) days after the date of the decision of the Building Official. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The Board shall render a decision within thirty (30) days of receipt of the appeal. The decision of the Board shall be by resolution, and copies shall be furnished to the appellant and to the Building Official. The Building Official shall take immediate action in accordance with the decision of the Board. 15.06.020 - Limitations on authority An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this Code. 15.06.030 - Limitation of liability Any member of the Town Council, acting in good faith and without malice for the Town in the discharge of his or her duties, shall not thereby render himself or herself personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties shall be defended by the Town until final termination of the proceedings. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 22 OF 51 Urban Renewal Authority The Avon Urban Renewal Authority (“AURA”) is a separate governmental entity created by the Town but the Council serves as the AURA board. AURA is responsible for conducting urban renewal activities throughout the Town of Avon. AURA was created in August 2007 to help the Town improve its Town Center Core and includes plans to enhance the West Town Center area, Nottingham Park and the Main Street Mall. The AURA has tax increment financing authority which allows the AURA to retain the “increment” (i.e. increase) in property tax from new development for all taxing authorities and use that revenue for capital improvements in the West Town Center Investment Plan area. The AURA’s tax increment finance authority for the West Town Center Investment Plan area expires in 2032. The purpose of the AURA is to alleviate blight and promote economic vitality and investment interest in the West Town Center Plan area. Since its inception, the AURA constructed Lake Street (in connection with the Westin hotel development), improved the Main Street Mall and Lettuce Shed Lane (in connection with the Wyndham timeshare development), and completed tenant finish of the new Town Hall building. Future projects are focused on improvements to Nottingham Park which support economic activity and recreational enhancements as well as additional improvements to the Main Street Mall. AURA is governed by the Council who serve as the seven-member Board of Commissioners. The Town Manager serves as the Executive Director, who performs all administrative activities for AURA and serves as project manager for all ongoing projects and activities. Below is a copy of the Town Center West Area Urban Renewal Plan: Boundary Map TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 23 OF 51 Downtown Development Authority The Avon Downtown Development Authority (“Avon DDA”) is a separate governmental entity created by the Town, with a separate Avon DDA board. PRIMARY PURPOSE: The primary purpose of the Avon DDA is to provide additional funds to construct Community Housing. The shortage of affordable housing is at a crisis level and is directly impacting the ability of private and public employers in Avon to fill vacant employment positions. The shortage of affordable housing is also leading to increased employee turn-over and increased costs associated with recruiting and training new employees. SECONDARY PURPOSE: A secondary purpose of the Avon DDA is to provide additional funds for public improvements that benefit the health, vitality and success of the Avon commercial core. Public improvement projects may include public parking structures, enhanced streetscapes and pedestrian connections, early childhood education, expansion of the Avon Recreation Center, and construction of parks and trails amenities. FUNDING: An Avon DDA is authorized to capture the increment of new property taxes from new development and construction within the Avon DDA area. This property tax increment can be pledged for the payment of municipal bonds to construct Community Housing and other approved public improvements. This form of financing is called Tax Increment Financing. The Avon DDA board composition includes one (1) Town Councilor and ten (10) Directors. To be eligible, Directors must reside, be a business lessee, or own real property in the Avon DDA, provided that a majority of Directors must own or reside within the Avon DDA boundaries. The current Board members and their respective terms can be found at www.avon.org/dda. The boundary area of the Avon DDA encompasses the West Town Center, East Town Center and valley floor area of the Village (at Avon) as seen below. Refer to Ordinance 23-02 to view the boundary in greater detail. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 24 OF 51 SECTION V: PLANNING AND ZONING COMMISSION Planning and Zoning Commission Overview The Town of Avon has a Planning and Zoning Commission (“PZC”) which is appointed by the Council and which serves a significant role in reviewing development applications, revisions to the Development Code (Title 7 of the AMC), and amendments to the Comprehensive Plan document. A Planning and Zoning Commission is a common entity that nearly all municipalities and counties have appointed. The scope of duties and authority involve review of development and land use changes that affect constitutional property rights and due process rights of both property owners and nearby residents and property owners that may be affected by such application. As such, the PZC meetings and actions are highly structured to provide notice and conduct public hearings as set forth in the Development Code. The Development Code was adopted in 2010 which was the culmination of a two-year process to consolidate and update the former AMC titles for zoning and subdivision. The Development Code is typically amended once each year for routine updates and refinements. The purposes of the PZC are stated in Section 7.04.030 of the Development Code as follows: 7.04.030 - Purposes. The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 25 OF 51 encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non- renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. The PZC also serves as a Design Review Board for the Town. The purposes of the PZC when acting as the design review board are as follows: • To ensure that the architectural design of vertical structures and their materials and colors conform with the Town's overall appearance, with surrounding development if appropriate, with natural and existing landforms, with the standards identified in the Development Code and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 26 OF 51 • To ensure that the location and configuration of vertical structures, including signs and signage, are contextually appropriate to their sites and with surrounding sites and structures if appropriate and that the structures and signage conform to the requirements of the Development Code; • To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on the same site and on adjoining and nearby sites as determined by the Development Code; and • To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms. The PZC is composed of seven (7) members appointed by Council for a two (2) year term. The current Planning Commissioners and their respective terms can be found at www.avon.org/pzc. Please click here for the Town of Avon zoning map. Public comment can be submitted to Staff on behalf of the PZC at pzc@avon.org. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 27 OF 51 SECTION VI: CITIZEN COMMITTEES Overview of Citizen Committees Since 2019 Council appoints three separate Citizen Committees to increase input and involvement from the Avon community. The three Citizen Committees include the Culture, Arts & Special Events Committee, the Finance Committee, and the Health & Recreation Committee. Culture, Arts & Special Events Committee The Culture, Arts & Special Events (“CASE”) Committee was adopted by Resolution 19-12 in May 2019, to formalize and establish a permanent citizen committee after two years of an initial Ad Hoc Special Events Committee. To date, CASE has primarily provided input on the strategic planning and investment in special events held from Spring through Fall. The purposes and duties of the CASE Committee are as follows: • To provide advice concerning the Cultural Plan for the Town of Avon, as may be amended from time to time; • To review, research and provide guidance and advice on culture, arts and special event programming in the Town of Avon; • To review applications for Town funding allocated for special events and provide recommendations to the Council, and to develop applications forms and procedures and review criteria related to such funding applications; • To conduct surveys and prepare reports related to special events as appropriate and as directed by Council; • To attend joint meetings with the Council to review past, present and future special events, review and evaluate implementation of the Cultural Plan, review annual appropriations to support culture, arts and special events, and to review policies, procedures and practices for culture, arts and special events and CASE; and, • To perform such other tasks related to culture, arts and special events in or near Avon as the Council may direct. The CASE Committee is composed of seven (7) voting members and two (2) Ex-Officio Non-Voting Council members appointed by Council. The current CASE Committee members and their respective terms can be found here: www.Avon.org/Case-Committee. The Resolution adopting the CASE Committee is attached at the end of this Handbook in Appendix 5. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 28 OF 51 Finance Committee The Finance Committee was adopted by Resolution 19-15 in July 2019 and extended by Resolution 22-14 in June 2022. The purposes and duties of the Finance Committee are as follows: • To review, research and study the Town’s tax and fee structure and sources of revenue, including but not limited to: (i) comparisons to both incorporated and unincorporated peer communities, (ii) potential volatility associated with various revenue sources, and (iii) determining the percentage of revenues attributable to residents, second homeowners, visitors and businesses; • To review, research and study the Town's economy as it relates to the Town's finances; • To prepare reports as appropriate to assist the Council and the general public to better understand the Town's finances; • To make recommendations to the Council consist with this Resolution; and, • To perform such other tasks related to the Town's finances as the Council may request. The Finance Committee is a temporary, non-permanent advisory board and shall automatically expire on January 31, 2024 unless terminated earlier by Council resolution or unless the expiration date is extended by Council by resolution. The committee is composed of five (5) to nine (9) voting members and two (2) Ex- Officio Non-Voting Council members appointed by Council. The current Finance Committee members and their respective terms can be found here: www.avon.org/Finance-Committee. The Resolution adopting the Finance Committee is attached at the end of this Handbook in Appendix 5. Health & Recreation Committee The Health & Recreation Committee was adopted as an ad-hoc committee by Resolution 19-16 in July 2019, extended in February 2022 by Resolution 22-02 and made into a permanent committee by Resolution 24- 05 in February 2024. The purposes and duties of the Health & Recreation Committee are as follows: • To review, research and study the Town of Avon's health and recreation, including but not limited to: (i) "healthy community" issues, planning, policies and implementing strategies for improving overall community health, (ii) comparisons to both incorporated and unincorporated peer communities of recreation facilities and programs, and (iii) the design, programming and estimated cost of recreational facility improvements, including but not limited to remodeling and expansion of the Avon Recreation Center; • Conducting community outreach, studies and surveys to determine community preferences for recreation programming, recreation facilities and healthy community policies; TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 29 OF 51 • Serve as a liaison to Eagle County health communities efforts; and • To provide recommendations to the Council concerning healthy community, recreation programming and recreation facilities. The Health & Rec Committee is a permanent advisory board composed of five (5) to nine (9) voting members and two (2) rotating Ex-Officio Non-Voting Council members appointed by Council. The current Health & Rec Committee members and their respective terms can be found here: www.avon.org/HealthandRec- Committee. The resolution adopting the Health & Recreation Committee is attached at the end of this Handbook in Appendix 5. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 30 OF 51 SECTION VII: MUNICIPAL LAWS Overview The Town of Avon is a municipal corporation formed pursuant to the laws of the State of Colorado. As a municipal corporation there are a wide variety of laws that apply to the Town of Avon as a local government entity. While the entire AMC is lengthy and the Colorado Revised Statutes are vast, Council members should have a basic familiarity with the municipal laws described in this Section. Home Rule Authority Avon citizens adopted home rule authority for the Town of Avon in 1978 at the time that Avon was incorporated in conformity with Article XX of the Colorado Constitution. This authority is primarily documented and described in the Avon Home Rule Charter (“Charter”). There are a total of 105 home rule municipalities in Colorado, including 62 cities and 38 towns. Home Rule authority provides the Town of Avon with greater authority to legislation on matters of local concern, with the limitation that the Town cannot infringe upon federal or state constitutional rights. There are a number of areas considered matters of “state concern” where the State of Colorado has “preempted regulations” and where the Town cannot adopt different regulations (e.g. fire arms, liquor laws, drinking water quality, vehicle registration) and other areas that are considered matters of “mixed local and state concern” where the Town of Avon has authority to regulate to the extent that such regulations do not conflict with state regulations. Open Meetings Law Colorado first adopted the open meetings laws (aka “Colorado Sunshine Law”) in 1972. Basically, the rule is local government meetings must be open to the public and must be noticed at least 24 hours in advance of such meeting. The Colorado Open Meetings Law allows public access to all meetings, with the exception of executive sessions. Executive sessions (closed door meetings) must meet specific legal criteria and be for the purpose of receiving legal advice on a specific legal matter, negotiation, a personnel matter, or another subject that is protected by law. A request to meet in executive session must be voted on and approved by 2/3rds of Council members at the meeting before Council may convene into executive session. Please view this Quick Guide to Executive Sessions. The Open Meeting Law defines a “local public body” as any board, committee, commission or other policy making, rulemaking, advisory or formally constituted body of a political subdivision of the state such as municipalities. The Open Meetings Law defines a “meeting” as any kind of gathering, convened to discuss public business, in person, by telephone, electronically or by other means of communication. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 31 OF 51 The Openness Requirement: Whenever three or more members of the Council (the local “public body”) get together and public business is discussed, or formal action may be taken, the gathering is considered a “meeting.” The law requires that the public be given timely notice of meetings; this means that meetings must be noticed (i.e. posted in designated locations in Town) at least twenty-four hours in advance. Meetings conducted by telephone, electronically or by other means of communication: Technological advancements have provided many methods for public officials to confer such as videoconferencing, conference calls, text messaging, and e-mails. Consequently, the Open Meeting Law now includes “electronic” as well as “other means” of communication under the statutory definition of “meeting.” The Open Meeting Law now explicitly subjects the e-mail communication of elected officials that discusses pending legislation or other public business to the requirements of the law. Social Gatherings: The Open Meetings Law provides that chance meetings or social gatherings of public officials at which discussion of public business is not the central purpose are not subject to the provisions of the law. Council members should not discuss any Town business if three or more Council members encounter each other at a chance meeting or social gathering. Colorado Open Records Act The Colorado Open Records Act (“CORA”) statute provides public access to public records in the possession of all levels of government in Colorado, including municipalities. CORA requires that public records must be produced upon request to the public. A “public record” includes all writings and electronic documents and records that are made, maintained or kept by the Town. There are some exceptions to records that are in the Town’s possession which are not “public records” including confidential records. CORA is a very detailed and highly structured act that creates regular duties for the Town Clerk, as the official custodian of public records, to respond to public records requests. The Public Records Policy is available on the Town’s website. Meeting Minutes and Recordings The Town Clerk takes minutes of every regular, special and emergency Council meeting and presents a draft of meeting minutes for Council adoption thereafter. Minutes are a summary of the meeting that indicates the actions taken and shall include brief descriptions of discussions which occur on various matters. The Town Clerk records all regular, special and emergency meetings of the Council. Meeting minutes are available on the Town’s avon.org website. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 32 OF 51 Municipal Records Retention Policy The Town Clerk is responsible for records retention. In 2003, the Town approved Resolution No. 03-26 to follow Colorado’s Model Municipal Records Retention Schedule. You can find the Municipal Records Retention Manual here. Town Code of Ethics The Code of Ethics, AMC Chapter 2.30, prohibit Council Members, appointed officials, appointed board, committee and commission members, and Town employees from taking action in their capacity for the Town when there is a conflict of interest. The conflict of interest restrictions primarily concern matters in which a Council Member, appointed official, appointed board, committee and commission member or Town employee may have a significant financial interest, including a potential future financial interest but also addresses an “appearance of impropriety”. The Code of Ethics dictates that Council is to determine if a conflict of interest exists; this is not a determination of an individual Councilor. Under the Code of Ethics, a conflict of interest may be determined by the Council to exist when an actual conflict does not exist but merely the appearance of a conflict exists. The Town Code of Ethics also includes provisions on gift restrictions and reporting. Councilor’s are expected to review and understand the Code of Ethics section of the AMC, which is located in Chapter 2.30 Town Code of Ethics. Council members are required to disclose conflicts of interest (AMC Chapter 2.30.060), refrain from attempting to influence other members of the Council on the matter, refrain from discussing the matter with other Council members, may not vote on the matter and must leave the Council chambers when the matter is being discussed. A general rule is if the matter involves anything in which a Council member has or might have a direct or indirect financial interest, except for matters of common public interest, such matters must be disclosed and the Council will promptly vote to determine whether a conflict of interest exists . Consult with the Town Attorney whenever there is any question about whether you may be determined to have a conflict of interest. If in doubt always disclose the matter at a Council meeting. Legislative Matters v. Quasi-Judicial Proceedings (Due Process) State and Federal Courts characterize certain governmental entity decisions as either legislative or quasi- judicial; quasi-judicial is when applying constitutional due process (fair hearing) is required. It is important to understand the differences between the two as Courts require special procedures to be followed for quasi-judicial matters. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 33 OF 51 Legislative Matters: Legislative matters are matters of general concern or with applicability throughout a municipality. In the legislative role, the Council reviews, recommends, creates, and amends regulations on a Town wide basis. Legislative matters are frequently referred to as “policy making” and the Council may freely discuss legislative matters with the general public. • Examples: Resolutions or Ordinances with broad application and amendments to the Municipal Code. Quasi-Judicial Matters: Quasi-judicial matters involve the application of established policy in existing law to facts presented to Council at quasi-judicial hearings in order to reach a decision. In other words, Council does not set new policy in a quasi-judicial proceeding. Instead, Council applies policy that is already established in existing law to specific facts gathered at the hearing to arrive at its decision on the case presented. • Examples: Special use permits, zoning variances, subdivision plat approvals, liquor license issuance, and nuisance abatement. During quasi-judicial hearings, the Council acts in a manner similar to a judge and it must make an objective decision that is based upon the evidence presented at the hearing and the current law and applicable legal standard. These proceedings impact the property rights of an individual, an entity, or a small group of individuals and fairness and due process must occur. Everyone with an interest in the case, as well as all members of the decision-making body, must hear the same evidence at the same time from the same sources. The applicant, appellant, or property owner deserves the opportunity for a fair, impartial hearing before unbiased, impartial decision makers, each of whom have had the benefit of the same input and testimony. During quasi-judicial hearings, Council will not engage in reflective listening. Council’s Impartiality in a Quasi-Judicial Proceeding may be affected by: • Pre-judgment or bias. An individual Councilor’s desires, personal preferences, or prejudices must not be a factor for consideration or enter into their decision-making. A councilor must not have their mind made up before the hearing and must remove themselves from the process if they have advocated one way or the other on a quasi-judicial matter. Each Councilor participating in the hearing must have the ability to decide the case fairly and impartially in a manner that is solely based on the evidence and testimony presented to them at the hearing. • Conflicts of Interest. See Chapters 2.30.060 and 2.30.080 regarding Conflict of Interest and Disclosure of Conflict of Interest in Council Action as set forth in the Town’s Ethics Code. • Ex-Parte Communications. Ex-Parte communication refers to information received “outside of the TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 34 OF 51 record” whether verbal, written, electronic, or graphic. Ex-parte communications are also defined as communication between a Councilor and one party outside the presence of the other parties to the case or other affected individuals. Due to the legal constraints of this process, Councilors may not discuss quasi-judicial issues outside of a hearing and Council must refrain from listening to opinions outside of the public hearing and should not form opinions until the hearing. Council should also refrain from researching the issue outside the hearing. If a member of the public or the applicant attempts to share opinions or discuss the issue with a Councilor outside of the hearing, the Councilor must explain they cannot engage in ex-parte communication regarding quasi-judicial matters. Instead, the Councilor should direct the individual to provide written comments to Staff so such comments can be included in the public record and considered by all Council members at the proper time. Courts generally hold that ex parte communications are improper and may provide legal grounds for overturning a Council’s decision. These rules promote impartial decisions by ensuring disclosure of all evidence and arguments presented to the Council in its deliberation and decision. These rules also give everyone involved a fair chance to respond to all information that may affect the decision. If any Councilor believes that their ability to participate in the hearing fairly and impartially has been compromised they must cure the issue by disclosing the issue on the record or recusing themselves from the hearing. Legal Actions: Rule 106(a), Section 1983 Claims, and Other Claims There is always the potential for lawsuits against the Town of Avon to challenge a Town action, attempt to compel a Town action or seek damages against the Town. Although a complete review of potential legal challenges is not possible, several common claims against municipalities are highlighted for Council’s awareness. Council Members Named Individually: It is typical for most lawsuits against a municipality to name the Town of Avon as a municipal organization and then also name Council members individually. That general rule is that the Town of Avon defends actions and decisions of individual Council member while serving in their official capacity. The exception to this rule is if a Council member is acting unlawfully (i.e. a violation of Council oath to uphold laws) in a knowing or reckless manner. An example would be if a Council member attempted to approve a contract as an individual that obligated the Town to payments or created Town liability when the contract was not authorized by Council or Town Manager. Such instances are very rare and typically involve some form of knowing and intentional financial conflict of interest. Rule 106(a) Actions: Colorado Rules of Civil Procedure include the ability to legally challenge and invalidate a local government decision as “arbitrary and capricious” under Rule 106(a). The local government decision that is subject to a Rule 106(a) challenge is typically a “quasi-judicial” decision. A Rule 106(a) challenge must be filed in District Court within 28 days after the date of the final decision of the Town of Avon. The AMC is structured to allow any administrative decision or PZC decision to be appealed to the Council so that for nearly all instances it is only the final decision of Council that may be challenged in District Court. Rule 106(a) TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 35 OF 51 challenges can arise from any land use decision, code enforcement action, decision on the payment of a tax, fee or fine, or decision affecting a business interest such as a business license or liquor license. Rule 106(a) challenges are a review of the “record of decision” where all materials considered for the decision, including Staff reports, applicant information, and public comment, and a transcript of the public hearing. Often times a “Record of Decision” is prepared and formally adopted by Council which documents all the materials and the Council “findings of fact” that serve as the basis for a decision. The most important aspect to understand is that Council must base its quasi-judicial decisions on specific “findings of fact” that relate to adopted review criteria to survive a legal challenge that a Council decision is arbitrary and capricious. Section 1983 Actions: Section 1983 actions refer to a section of the federal code which allows individuals to sue governmental entities for violations of federal constitutional rights under “color of law”. These actions allow for potential recovery of attorneys’ fees and damages. Examples of Section 1983 claims include land use decisions that result in a “taking” of private property or denial of “due process”, alleged practices by police departments that discriminate against persons based on race, nationality or ethnicity, and local government practices that infringe upon free speech. Awareness and compliance with constitutional law is a routine and fundamental function of the Town of Avon as a local government entity. Tort Claims: Tort claims involve claims for damages when someone experiences personally injury or property damage that is the result of the Town having a duty in some manner to the individual, breaches the duty, and such breach causes the damages. Tort claims against local government are highly regulated the Colorado Governmental Immunity Act, which is discussed more below. Avon, local nearly all local governments, routinely receives “notice of claims” and coordinates response to such claims with CIRSA. The most direct areas of tort claims for concern are road hazards (i.e. open excavation in travelled roadway) and entrances to public buildings. Breach of Contract: The of Town of Avon is subject to breach of contract claims, and may bring breach of contract claims, in the same manner as private parties. There are some contract terms that are unique to local governments and municipalities. Generally, the Town uses standardizes forms, or incorporates standardized municipal provisions, that are commonly used by municipalities which protect the Town from liability. When retaining a party to provide services the Town generally structures contracts to receive services first and pay after performance of services. Local Government Statutory Claims: There are numerous statutory requirements for local government, such as compliance with the Colorado Open Records Act and Colorado Open Meetings Law, that establish the right of individuals to bring legal actions for non-compliance. Statute of Limitations: The last legal concept to mention is the Statute of Limitations which creates deadlines to bring legal actions, whether against the Town or by the Town. There are different rules for enforcement of code violations, recovery of taxes and fees, breach of contract, collection of debts and filing claims based in tort. Governmental Immunity TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 36 OF 51 Sovereign immunity is the state’s immunity from most kinds of lawsuits unless the state consents to be sued. Governmental immunity is generally understood to be that portion of the state’s sovereign immunity which extends to local governments. Governmental immunity bars tort claims against local governments for injuries caused by their employees or agents acting within the scope of their duties in the performance of governmental functions. It does not protect a local government from tort claims arising from the performance of proprietary functions. Much of the case law involving governmental immunity focuses on whether (1) the employee who caused the injury was acting within the scope of the employee’s duties and (2) whether the activity in which the employee was engaged was governmental or proprietary. Colorado Intergovernmental Risk Sharing Agency (CIRSA) The Colorado Intergovernmental Risk Sharing Agency (CIRSA), is a public entity formed over 30 years ago by Colorado municipalities for Colorado municipalities. With more than 270 communities and public entities, CIRSA is a self-insurance pool and member-owned organization which provides member-influence over the programs and services CIRSA offers. As a member, the Town’s contribution buys an equity interest in CIRSA’s self-insured pool potentially lowering our future contributions. CIRSA proactively identifies and manages risks, improves the claims experience, and works collaboratively with the Town to cut our losses. In addition, CIRSA provides free training and education for elected officials and board members, enriched resources ranging from on-the-job safety training to workplace harassment awareness, practical tools plus webinars and safety manuals, and in the event that a claim or lawsuit is filed, CIRSA will manage the process and assign an experienced public entity attorney to represent the Town. Tax Payors Bill of Rights (TABOR) TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 37 OF 51 TABOR is the Taxpayer Bill of Rights, passed by the voters in 1992. TABOR prohibits any tax increase without a vote of the people. In addition, TABOR places strict limits on how much revenue the state of Colorado can keep and how much it can spend. Specifically, TABOR allows the state to retain and spend an amount based on the prior fiscal year's actual revenue or limit, whichever was lower, grown by Colorado inflation and population growth and adjusted for any "voter-approved revenue changes. TABOR limits are the strictest revenue and spending limits in the nation. Any revenue collected in excess of TABOR’s revenue limits must be refunded to the taxpayers. For more information about TABOR, visit the following pages on the Legislative Council Staff website: • TABOR Revenue Limit • History of TABOR Refund Mechanism • History of TABOR Enterprises • Report on Referendum C Revenue and Spending TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 38 OF 51 SECTION VIII: POLICY DOCUMENTS Overview Council has adopted a variety of formal Policy Documents over the years. These documents are typically created through a community engagement process and subject to multiple public hearings prior to adoption. These Policy Documents provide general goals and defined strategies for implementation which often transcend Councilor’s 4-year terms. It is important to acknowledge these Policy Documents for decision making and prioritizing the Town’s Staff work plans; as well it is important to update and revise such documents to reflect accomplishments as well as changed circumstances which may require a change in community goals, strategies and priorities. Comprehensive Plan Avon's Comprehensive Plan (Appendix 10), adopted in 2017, was recently awarded the Vernon Deines Award for Outstanding Small Town or Rural Plan by the prestigious American Planning Association. Avon’s Comprehensive Plan is an overarching plan that guides Avon's land use and development. The Comprehensive Plan creates the goals and policies that encourage the type of growth and values that Avon citizens envisioned during the public comment process. A number of overarching goals and policies provide direction in the following community-wide topic areas: A. Built Form B. Land Uses C. Community Character D. Economic Development E. Housing F. Multi-modal Transportation & Parking G. Environment H. Parks, Recreation, Trails, and Open Space I. Public Services, Facilities, Utilities, and Government J. Regional Coordination Each topic area contains one or more goals and several specific policy objectives. Certain goals and policies are more specific and timely than others; however, all goals and policies contribute to the vision of the plan and its implementation. Finally, certain policies interrelate to several topic areas (such as policies that are relevant to both Land Use and Economic Development). The comprehensive plan also serves as a basis for the adoption of the zoning map and amendments to the zoning map. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 36 OF 51 Avon Community Housing Plan The Community Housing Plan (Appendix 11), last updated in 2021 sets the following goals and objectives: a. Support the establishment of a dedicated funding source to sustain the Community Housing Fund; b. Focus on increasing deed restricted homeownership opportunities for households making equivalent of 140% or less of the Area Median Income (“AMI”). A household of three earning 140% AMI is expected to be able to afford a home price of $571,000 in 2021. c. Grow the inventory of homeownership and “missing middle” inventory, in place of additional rental housing stock, to create a more balanced portfolio with a long-term goal of more home ownership opportunities; d. When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120% AMI level; e. Stabilize or increase the percentage of owner-occupied year-round residents; currently 56.5% of all dwelling units in Avon are owner-occupied by year-round residents; f. Stabilize or increase the percentage of Qualified Employees residing in Avon; g. Seek to add deed restricted units to the inventory through the Mi Casa program and other mechanisms; h. Partner with other communities and entities (i.e. Habitat for Humanity, Vail, Eagle County), and private employers to combine buying power and construct new housing units: i. As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase housing serving the local year-round population; and j. Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of new projects and housing stock in the mid-valley; appendices may be updated by Community Development Department pending updated information. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 37 OF 51 TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 38 OF 51 Climate Action Plan On December 13, 2016, Council unanimously voted to adopt the Climate Action Plan for the Eagle County Community (Appendix 9). The plan is the culmination of a year-long effort that included more than 30 Eagle County stakeholders who were tasked with reducing GHG emissions for the entire County. The 2020 update to the Climate Action Plan for the Eagle County Community calls for greenhouse gas emission reduction targets of 50% by 2030 and a minimum of 80% by 2050. Energy use, transportation use, commercial buildings, waste and energy sources are all addressed within the plan, which is focused on climate mitigation. In order to meet the established targets, the plan also contains project recommendations for the community, including county government, towns, businesses, nonprofits, and other partners to begin immediate climate action. The collaborative stakeholder group continues to convene regularly to implement the goals and strategies recommended in the Climate Action Plan and monitor success. Five sector-based working groups have formed: 1) Education and Outreach 2) Residential Buildings 3) Commercial Buildings and Industrial 4) Transportation and Mobility 5) Materials Management and Waste Reduction. Walking Mountains Science Center was contracted to serve as project manager to convene and facilitate this community-wide project. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 39 OF 51 Other Plans The Community Development Department is responsible for managing the Town's built environment and creating a livable community that balances the needs of residents, businesses, property owners and visitors. Below is an overview of the long-range documents and plans Long-Range Documents: • (2024) Avon Comprehensive Plan • (2021) Avon Community Housing Plan • (2018) Town Owned Properties Plan • (2015) Avon Urban Renewal Plan for Town Center West Area • (2018) Multimodal Transportation and Parking Plan • (2015) Walkability Report • (2009) H.A. Nottingham Park Master Plan • (2009) Transportation Plan • (2007) West Town Center Investment Plan • (2007) East Town Center District Plan TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 40 OF 51 SECTION IX: AFFILIATIONS Colorado Municipal League | CML The Colorado Municipal League (CML) is a non-profit organization that has served and represented Colorado cities and towns since 1923. Currently 265 of Colorado’s 271 municipalities are members of CML. CML provides advocacy, information and training to its members. CML’s mission is twofold: to represent cities and towns collectively in matters before the state and federal government, and to provide a wide range of information services to assist municipal officials in managing their government. Then Town of Avon is a member of CML and the organization sends an informational welcome packet to newly elected council members and monthly newsletters. In addition, CML has an Elected Official’s Starter Kit available on their website. For your convenience, this kit has been attached at the end of this Handbook in Appendix 6. For more information about CML, please visit their website at www.cml.org. Colorado Association of Ski Towns | CAST The Colorado Association of Ski Towns (“CAST”) is an organization of 26 municipalities and four counties whose economies are largely dependent upon the ski industry and tourism. Members include the mayors, managers and council members of the resort towns. The Association was formed in part to recognize that resort communities face unique challenges in providing municipal services to residents and visitors. Member municipalities share the benefits of the diverse knowledge, experience and leadership offered through meetings, conferences, surveys and other informational venues, as decided by the members. CAST members use the power of the coalition to seek support for legislation that will benefit and sustain the mountain communities. CAST supports actions that keep member communities livable, protect their pristine environments, and promote community-based land use, mass transit, affordable housing, and sustainable tourism. CAST’s goal is to foster growth that will ensure an exceptional quality of life for citizens and a positive experience for visitors. For more information about CAST visit their website at www.coskitowns.com. Climate Action Collaborative | CAC The Climate Action Collaborative (CAC) for the Eagle County Community is a group of local governments, businesses, schools, special districts and nonprofits tasked to implement the recommendations of the Climate Action Plan for the Eagle County Community. The plan recommends county-wide carbon pollution reduction targets of 50% by 2030 and 80% by 2050, from the Eagle County 2014 baseline inventory. The Collaborative meets quarterly and includes working groups focusing on reductions in: buildings (residential & commercial), transportation, the landfill, and our energy supply. There is also a working group TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 41 OF 51 dedicated to education and outreach in the Eagle Valley. For more information about the Climate Action Collaborative visit their website at www.walkingmountains.org/climate-action-collaborative. Colorado Communities for Climate Action | CC4CA Colorado Communities for Climate Action (CC4CA) is a coalition of 34 local governments across the state advocating for stronger state and federal climate policy. CC4CA is governed by a Board of Directors of representing all of the member communities. Colorado Communities for Climate Action has adopted, by unanimous consent among its members, a policy statement that guides the coalition’s efforts. The Policy Statement includes promoting plans and actions to: a. Extend current authorities and provide new ones for local action. b. Set new state climate-protection goals. c. Define and implement concrete steps to meet those goals. d. Reduce carbon pollution through concrete new policies on electricity generation, energy efficiency, transportation, and waste management. e. Ensure that all of Colorado benefits from the clean energy transformation. For more information about the CC4CA visit their website at www.cc4ca.org. I-70 Coalition The I-70 Coalition is a non-profit organization representing 28 local governments and businesses along Colorado’s I-70 mountain corridor. The coalition’s mission is to enhance public accessibility and mobility in the I-70 Central Mountain Corridor and adjoining dependent counties and municipalities through the implementation of joint public and private transportation management efforts. The goals are to: a. Advocate for Improvements on the I-70 Mountain Corridor b. Active Involvement in Plans and Processes Affecting the I-70 Mountain Corridor c. Support Transportation Funding Initiatives d. Develop and Implement Travel Demand Management Strategies e. Information Sharing and Outreach For more information about the I-70 Coalition visit their website at www.i70solutions.org. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 42 OF 51 Northwest Colorado Council of Governments | NWCCOG Northwest Colorado Council of Governments (NWCCOG) is a voluntary association of county and municipal governments that, individually and collectively, believe working together on a regional basis provides benefits that could not be obtained alone. There is no universal model for regional councils of governments. There are 14 regional governmental associations within Colorado. All are unique because each reflects the needs and desires of its membership. NWCCOG literally becomes what its members want it to be, due to the changing needs and opportunities of the region. The Council, made up of representatives from each member jurisdiction, directs the activities of NWCCOG. The NWCCOG staff is responsible for carrying out the Council’s direction. The purpose of the Northwest Colorado Council of Governments is to be responsive to our members’ needs and interests by providing guidance and assistance in problem solving, information sharing and partnership building, advocating members’ interests and needs with local, state and federal entities, and providing quality services to our membership that are relevant, effective and efficient. For more information about NWCCOG visit their website at www.nwccog.org. CORE Transit (Eagle Valley Transportation Authority) Council of Governments | NWCCOG The Eagle Valley Transportation Authority (“EVTA”) is a seven member board comprised of one member from every participating jurisdiction in Eagle County. EVTA board members are appointed by their jurisdiction's council members. The half-cent county sales tax is dedicated to funding regional transportation. The EVTA board meets monthly to make to discuss long- and short-term plans and strategies for the provision of regional mass transportation and trails in and around Eagle County. For more information about the EVTA Advisory Board visit their website at https://evta.colorado.gov/ EGE Air Alliance Formed in 2002, the EGE Air Alliance is a 501(c)(6) non-profit public-private partnership that provides the funding to support a vibrant local flight service program that ensures that the Eagle County Regional Airport (EGE) remains a vital part of the Eagle County economy. The mission of the EGE Air Alliance is to work with airlines to maintain existing flights and secure new flights to and from the Eagle County Regional Airport. Air services are not guaranteed by any airline, and the EGE Air Alliance is the one organization that works directly with them to maintain and grow new flights and air routes into Eagle County. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 43 OF 51 For more information about the EGE Air Alliance visit: www.egeairalliance.com/ Vail Valley Partnership | VVP Vail Valley Partnership, a 501(c)(6) nonprofit organization, has been engaged in the community from the early days of Vail, starting in 1964 as the Vail Resort Association. Vail Valley Partnership is the regional community development organization, dedicated to the economic vitality of the Vail Valley. We support local businesses. We unite key stakeholders. We lead collaborative efforts throughout the community. With a membership of 880+ organizations that spans the Vail Valley and beyond and which represents 80% of the local workforce, Vail Valley Partnership is dedicated to ensuring local business success and fostering regional economic vitality by offering local business tools & resources, promoting the Vail Valley to destination guests, and initiating economic development efforts. The Partnership’s efforts in the community include three distinct yet connected roles: • Regional Chamber of Commerce- We work to provide the valley’s businesses with networking, educational, and collaborative opportunities with the goal of strengthening our local business community and to advocate for our business community at a regional & state level. • Tourism Development- We work to promote the entire Vail Valley as a year-round destination to potential in-state, out-of-state and international visitors through VisitVailValley.com. We work to attract groups and meetings from all over the country to the Vail Valley. • Economic Growth & Advocacy- We work to ensure the Vail Valley’s economic health stays strong for years to come. We work to help existing Vail Valley businesses thrive and recruit new businesses that have the potential to support our local economy. For more information about VVP visit: www.vailvalleypartnership.com. Eagle River Coalition (Formerly known as Eagle River Watershed Council) The Eagle River Coalition believes that our rivers and streams are the life-blood of our valley. Their preservation and restoration improve our economy, our culture, and our quality of life. The Watershed Council advocates for our rivers through educational programs, special events, restoration projects, monitoring, research, and community volunteer projects. For more information about Eagle River Coalition visit: www.erwc.org. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 44 OF 51 Urban Runoff Group | URG In 2010, with coordination of the Eagle River Water and Sanitation District and the Eagle River Watershed Council, an Urban Runoff Group (URG) was formed to address current non-point source issues in the Gore and Eagle drainages and work towards current inventory and assessment of all non-point source issues affecting the watershed. This stakeholder group is working to keep Gore Creek off of the 303(d) list, an action expected to be proposed based on the State Water Quality Control Commission (WQCC) recently adopted aquatic life assessment methodology. As proposed by the WQCC, Gore Creek could be placed on the State’s 303(d) list as a result of low aquatic life assessment scores for Gore Creek upstream of the Vail Wastewater Treatment Plant. Eagle River Water & Sanitation District | ERWSD and Upper Eagle River Water Authority | UERWA The Eagle River Water & Sanitation District (“ERWSD”) is a local government that provides water and wastewater service to its customers from East Vail to Wolcott and including all of Avon. ERWSD directors are elected by qualified district voters within the district boundary; ERWSD’s website reports that it conducts its operations in an environmentally sound manner, ensuring regulatory requirements are met while also forging strong partnerships within the recreation and tourism-based community. ERWSD provides water service within its district water service area which includes the Vail Water Subdistrict and properties of the Wolcott area that have been included into ERWSD boundary. ERWSD provides, under contract, water operations and management (O&M) services to the Upper Eagle Regional Water Authority (“UERWA”). UERWA is a quasi-municipal corporation and political subdivision of the state of Colorado, formed by intergovernmental contract and organized pursuant to Colorado's Water Authority Act. It provides water service to its six Member Entities (the metropolitan districts of Arrowhead, Beaver Creek, Berry Creek, EagleVail, and Edwards, along with the Town of Avon) and to Bachelor Gulch and Cordillera. UERWA owns the public water system within this service area, which is operated and maintained by ERWSD through an Operations Agreement. The six member entities of UERWA are: • Town of Avon • Arrowhead Metropolitan District • Beaver Creek Metropolitan District • Berry Creek Metropolitan District • Eagle-Vail Metropolitan District • Edwards Metropolitan District . TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 45 OF 51 UERWA is governed by a six-person appointed Board of Directors. Each member entity appoints a representative who serves at the pleasure of their board or council, including the Council. Board meetings of ERWSD and of UERWA are open to the public and include opportunities for public comment.More information about ERWSD and UERWA can be found at: www.erwsd.org. Eagle County Community Wildlife Roundtable The Eagle County Community Wildlife Roundtable is a collaborative partnership with the White River National Forest, Colorado Parks and Wildlife, Bureau of Land Management, local government entities, community members, and citizen scientists. The purpose of the Eagle County Community Wildlife Roundtable is to gather a group of diverse stakeholders in the valley to understand and address issues facing wildlife populations. Together we will identify a shared vision and realistic actions that the community can rally around to support wildlife. We want to leverage diverse values, creativity, and resources to move to positive action. SpeakUp ReachOut SpeakUp ReachOut is a group of individuals who are dedicated to providing suicide prevention, intervention and loss support services to those in need. Services offered include: • suicide prevention/awareness education • community connection events • suicide loss support services. They host quarterly public community meetings on behavioral health and suicide prevention. For more information about SpeakUp ReachOut visit: https://www.speakupreachout.org/ Eagle Valley Behavioral Health Eagle Valley Behavioral Health is a nonprofit 501(c)(3) organization. It is governed by a Board of Directors comprised of community members and behavioral health leaders. The Eagle Valley Behavioral Health board of directors, administration and employees are committed to providing the critical change needed to ensure the vision for a robust, sustainable behavioral health system is realized. For more information about the board and advisory council visit https://www.vailhealthbh.org. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 46 OF 51 Eagle County Emergency Responders Fund | ECERF Eagle County Emergency Responders Fund (ECERF) a 501(c) (3) non-profit organization was founded by a group of civilians and emergency responders committed to raising funds on behalf of all emergency responders in Eagle County, Colorado. For more information about ECERF visit: www.ecerf.org. EagleBend Affordable Housing Board EagleBend Apartments are owned and operated by the EagleBend Affordable Housing Corporation, a Colorado non-profit corporation. The formation of the Corporation was approved by the Town of Avon and the Corporation is being operated exclusively on behalf of and for the benefit of the Town. The management of the Corporation is accomplished through a Board of Directors (the "Board") which oversees administration, operations and maintenance of the Project. EagleBend Dowd Affordable Housing Board (Kayak Crossing) Kayak Crossing Apartments are owned and operated by the EagleBend Dowd Affordable Housing Corporation, a Colorado non-profit corporation formed pursuant to the guidelines of revenue ruling 1963-20. The formation of the Corporation was approved by the Town of Avon and the Corporation is being operated exclusively on behalf of and for the benefit of the Town. The management of the Corporation is accomplished through a Board of Directors (the "Board") which oversees administration, operations and maintenance of the Project. Buffalo Ridge Affordable Housing Board Buffalo Ridge Apartments are owned and operated by the Buffalo Ridge Affordable Housing Corporation, a Colorado non-profit corporation formed pursuant to the guidelines of revenue ruling 1963-20. The formation of the Corporation was approved by the Town of Avon and the Corporation is being operated exclusively on behalf of and for the benefit of the Town. The management of the Corporation is accomplished through a Board of Directors (the "Board") which oversees administration, operations and maintenance of the Project. TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 47 OF 51 TOWN COUNCIL HANDBOOK UPDATED: JUNE 2024 PAGE 48 OF 51 SECTION X: APPENDICES Appendices The following information items have been referenced in the previous sections and are suggested for your review: • Appendix 1 – Town Organizational Chart • Appendix 2 – Avon Town Council Simplified Rules of Order • Appendix 3 – Remote Meeting Attendance Policy • Appendix 4 – Boards & Commissions • Appendix 5 – Resolutions establishing Avon Citizen Committees • Appendix 6 – CML Elected Official’s Starter Kit • Appendix 7 – Ethics, Liability and Best Practices Handbook for Elected Officials • Appendix 8 – 2024 Adopted Budget • Appendix 9 – Climate Action Plan • Appendix 10 – Comprehensive Plan • Appendix 11 – Housing Plan TOWN OF AVON TOWN COUNCIL HANDBOOK ATTACHMENT B AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 2 OF 70 OVERVIEW This Town Council Handbook provides a comprehensive guide and reference for Council members as a benefit for both new and existing Council members. Throughout this Handbook the term “Councilor” references to all Council members, including the Mayor and Mayor Pro-Tem; the term “Council” refers to the Avon Town Council; the term “Staff” refers to Town Staff; the term “AMC” refers to the Avon Municipal Code; and the term “Charter” refers to the Avon Home Rule Charter. In some cases, this Handbook is addressed to each Councilor as “you”. I. COUNCIL MEETING LOGISTICS  Council determines the schedule of Council meetings. Generally, Council meets on the 2nd and 4th Tuesday of each month. A draft schedule of Council meetings is presented for Council review and adoption at the beginning of the calendar year. Council may choose to cancel regularly scheduled meetings or schedule special meetings at any time in accordance with Chapter V – Council Procedure of the Charter.  The Council regular meeting agenda and packet will be available on the Friday afternoon before the Council meeting, generally by not later than 5:00 p.m. ., for review by Councilor’s before the Tuesday meeting.  In January 20212025 you will receive a Town-owned Apple iPadtablet or laptop to access your Council email account and the electronic packet. Electronic packets are available at www.avon.org/councilpacketpackets.  We currently meetSubject to the needs of Council, meetings can be attended virtually on zoom.us and plan to continue conductingZoom, in whole or in part, and can be scheduled as a hybrid virtual Council meetings until public health orders that limit and discourage gatherings are amended or repealed. Ineke de Jong, General Government Manager,and in-person meeting. Hybrid or virtual- only meetings will be set-up by the Chief Administrative Officer, who will send you panelist links via email on the day of the meeting. Feel welcome to join 10 minutes early to test your audio/video.  The remote attendance policies, both the original remote for virtual attendance policy adopted in 2015 and the remote attendance policy during the COVID-19 Pandemic, can be foundat virtual-only and hybrid virtual/in-person meeting is in the Simplified Rules of Order in Appendix 3.  When we go back2 to meeting in person a mealthis Handbook.  Dinner will be provided at each Council meeting at least 15 minutes before the start of the meeting. Feel welcome to arrive early. If you have any special dietary needs, please contact Brenda Torres,the Deputy Town Clerk, at btorres@avon.org or 748-4001Chief Administrative Officer and advise of any restrictions.  When we go back to meeting in person, Council seating assignments at the Council table isdais are determined by the membership of the Council. Mayor in consultation with all Councilor.  As all meetings getare recorded, we ask you to please. Please verify that your microphone is on and speak directly into thean active microphone on the deskdais in front of you during the meeting. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 3 OF 70 II. THINGS TO KNOW AND DO 1. Contact Information: Town Council has four official professional positions which are appointed by Council and overseen by Council: Town Manager, Town Attorney, Municipal Judge and Prosecuting Attorney. These positions are the Council’s only “direct reports”. All other Staff report directly or indirectly to the Town Manager. Section I of this Handbook explains the roles and responsibilities for communication to the Town Manager and the Staff. Contact information for the direct reports to Council, Department Directors and General Government Department Staff are provided as follows: AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 4 OF 70 Name Role Contact Info Eric Heil Town Manager eheil@avon.org 970.748.4004 (D) Patty McKenny Deputy Town Manager pmckenny@avon.org 970.748.4021 (D) Ineke de Jong General Government ManagerChief Administrative Officer idejong@avon.org 970.748.4013 (D) Elizabeth Wood Marketing & Communications Manager ewood@avon.org 970.748.4087 (D) Danita Dempsey Culture, Arts & Special Events Manager ddempsey@avon.org 970-748-4065 (D) Miguel Jauregui Casanueva Town Clerk mjauregui@avon.org 970.748.4001 (D) Brenda Torres Deputy Town Clerk & Court Clerk btorres@avon.org 970.748.4001 (D) Charlotte Lin Sustainability Coordinator clin@avon.org 970.748.4083 (D) Paul Wisor Nina Williams Town Attorney pwisor@garfieldhecht.com 970-300- 4373nina@wwfdlaw.com 303.376.8512 (D) Buck Allen Municipal Judge ballen@vailgov.com 970.479.2131 (D) Elizabeth Pierce-Durance Taggart Howard Town Prosecuting Attorney epdurance@aol.com taggarthoward@me.com 970.845.2259926.6556 (D) Scott Wright Paul Redmond Finance Director and Assistant Town ManagerChief Financial Officer swright@avon.org predmond@avon.org 970.748.40554088 (D) Lance Richards Robert McKenner Human Resources DirectorChief Information Officer ljrichards@avon.org rmckenner@avon.org 970.748.40054034 (D) Matt Pielsticker Community Development Director mpielsticker@avon.org 970.748.4413 (D) Justin Hildreth Engineering Director jhildreth@avon.org 970.748.4045 (D) Gary Padilla Public Works Director gpadilla@avon.org 970.748.4118 (D) John Curutchet Recreation Director jcurutchet@avon.org 970.748.4059 (D) Eva Wilson MobilityPublic Works Director ewilson@avon.org 970.748.4111 (D) Rego Omerigic Michael Labagh FleetRecreation Director romerigic@avon.org mlabagh@avon.org 970.748.41284446 (D) Greg Daly Chief of Police Department gdaly@avon.org 970.748.4049 (D) AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 5 OF 70 2.1. Mail: Correspondence as mail addressed to the Town Council is copied and distributed to all Councilmembers.Council members. Mail is placed in mailboxes, marked with your name, and located in the central mail area on the first floor of Town Hall. 3.2. Email: A Town of Avon e-mail address and account will be provided for all incoming Town CouncilmembersCouncil members to be used for all Town of Avon business.  You may access the e-mail account from https://login.microsoftonline.com.  E-mail correspondence addressed to the Town Council and received by the Town’s website or staffStaff, is forwarded to all CouncilmembersCouncil members. The Town Clerk’s office retains a copy for the public record.  IMPORTANT INFORMATION FOR THE USE OF TOWN EMAIL: o The Town of Avon uses an e-mail archiver, which retains a copy of every outgoing and incoming email for at least two (2) years. o All Councilmember emailCouncilors should consistently use yourthe official Avon email address for any and all correspondence concerning Town business. If personal email is used to conduct Town business, all personal email may be subject to a public records request. o Should an email be addressed to three (3) or more CouncilmembersCouncilors, DO NOT ‘Reply All’ asbecause this canback and forth email amongst three or more Councilors could be categorized as a “meeting.”” under Colorado Sunshine Law a/k/a Open Meetings Law. You may respond individually to the otherintended Staff recipients as needed, thereby preventing the need for public notices and minutes. The Town Manager should always be included on communications with Staff. It is customary to also copy the Staff person’s Department Director on all email communication with Staff. 4.3. Websites, Newsletters & Press Release: The Town hosts three websites. 1. The primary and most comprehensive website, www.avon.org, includes everything related to the town’sTown’s operations and governance. On this site you can also sign up for automatic email alerts for a variety of the townTown notifications including general infoinformation, construction updates, job postings, youth programs, meeting agendas, and much more. 2. The Town’s second website, www.discoveravon.org, is devoted to all the ways to enjoy Avon to the fullest, from special events, outdoor activities, dining, shopping, and accommodations. 3. The Town’s third website, engage.avon.org, is a community-engagement platform used to solicit public feedback on a variety of Town Projects. Generally, participants must register to provide feedback,projects. Participants can take surveys and share ideas. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 6 OF 70 We strongly encourage allAll Councilors are strongly encouraged to sign up for the Town’s monthly newsletter (the Avon Heartbeat) and Town notifications / press releases. Go to www.avon.org/notifyme to sign up and select the notifications you’d like to receive. In addition, we encourage Councilors are encouraged to likeLike and follow the Town’s social media page on Facebook. 4. Rules and Procedures: On January 14, 2014, the Avon Town Council adopted the Avon Towninitial Council Simplified Rules of Order in order to establish rules and procedures for the Avon Town Council during its meetings.; the newest version of the Simplified Rules was adopted on __________ 2024. The intent is to set simplified rules which are readily accessible and usable by the Avon Town Councilors and understandable by the general public. The Simplified Rules of Order contain the following sections:  Standards of Conduct for Avon Town Meetings  Mayor  Agendas  General Attendance Policy  Remote Attendance Policy  Motions  Meeting Conduct  Public Comments  Public Hearing  Executive Sessions For your convenience, the Simplified Rules of Order have been attached at the end of this Handbook in Appendix 2. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 7 OF 70 5. Council Compensation, Benefits Enrollment and Federal Forms Packet: Per Avon Municipal CodeAMC Section 2.04.010, compensation for CouncilmembersCouncilors is as follows: Council Members shall receive compensation for their service in office in accordance with the following schedule: (1) Mayor: One thousand dollars ($1,000.00) per month. (until December 10, 2024). This amount is increasing to one thousand five hundred dollars ($1,500) per month on/after December 11, 2024 to December 8, 2026. This amount is increasing to two thousand dollars ($2,000) per month on/after December 9, 2026 to December 12, 2028. This amount is increasing to two thousand two hundred dollars ($2,200) on/after December 13, 2028. (2) Mayor Pro Tem: Seven hundred fifty dollars ($750.00) per month. (2) Mayor Pro Tem: Seven hundred fifty dollars ($750.00) per month (until December 10, 2024). This amount is increasing to one thousand one hundred twenty-five dollars ($1,125) per month on/after December 11, 2024 to December 8, 2026. This amount is increasing to one thousand five hundred dollars ($1,500) per month on/after December 9, 2026 to December 12, 2028. This amount is increasing to one thousand six hundred fifty dollars ($1,650) on/after December 13, 2028. (3) All other Council Members: Five hundred dollars ($500.00) per month (until December 10, 2024). This amount is increasing to seven hundred fifty dollars ($750) per month on/after December 11, 2024 to December 8, 2026. This amount is increasing to one thousand dollars ($1,000) per month on/after December 9, 2026 to December 12, 2028. This amount is increasing to one thousand one hundred dollars ($1,100) on/after December 13, 2028. You are encouraged to contact Human Resources, to set up an appointment time to review and fill out thea list of new employee documents listed below, ask any questions and complete the benefits enrollment process. Note that the Town’s health insurance policy has strict enrollment deadlines. Please work with the Human Resources Division regarding benefits.  Personnel Action Form  Employee Data Form  W-4  I-9  EEO – Self Identification Form  Direct Deposit Authorization Agreement  457 Deferred Compensation Retirement Plan Designation of Beneficiary Form  Town of Avon Health Insurance Enrollment Form  Town of Avon Flexible Benefit Plan Employee Enrollment Form  SSA Form AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 8 OF 70  Work Related Injuries and Illness  Recreation Center Pass Benefit  Town of Avon Email Policy  Town of Avon SOCIAL MEDIA POLICY  Avon Town Council Policy for the Apple iPad or Similar Device Use by Town Council  Employee Acknowledgement Receipt and Understanding of Email Retention Policy  Employee Assistance Program 6. Liability Prevention Training Tools: The Town of Avon’s primary liability insurance company is Colorado Intergovernmental Risk Sharing Association (“CIRSA”) which is used by nearly all municipalities and counties in Colorado. CIRSA is a member-owned self-insurance pool. CIRSA has a variety of liability prevention training tools for newly elected officials. All of the training programs are complimentary as a benefit of membership in CIRSA, and you are strongly encouraged to review:  In the Scope of Your Authority: Preventing Public Officials’ Liability, which is available on YouTube at https://www.youtube.com/watch?v=r5GK6LvCA7s  The Ethics, Liability & Best Practices Handbook for Elected Officials (Appendix 7) 7. Other: There is much more to Know and Do in your role as a Councilor of the Town of Avon. The following sections of this Handbook provide a compilation of some important resources and additional information to help you begin your work. Should you need assistance or want to further review this information, please contact Ineke at 970- 748-4013 or idejong@avon.org. the Chief Administrator Officer. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 9 OF 70 Table of Contents SECTION I: BASICS OF TOWN GOVERNMENT TOWN COUNCIL ROLE AND RESPONSIBILITIES GENERAL DECORUM AND CONDUCT OF TOWN COUNCIL SOCIAL MEDIA POLICY COUNCIL-MANAGER FORM OF GOVERNMENT TOWN COUNCIL/TOWN ATTORNEY RELATIONSHIP AVON IS A HOME RULE MUNICIPALITY TOWN CHARTER/ & TOWN CODE GENERAL POWERS AND RESPONSIBILITIES OF THE TOWN COUNCIL BOARDS AND COMMISSIONS TOWN ORGANIZATIONAL CHART STAFF COMMUNICATION SECTION II: TYPES OF COUNCIL ACTIONS ORDINANCES RESOLUTIONS MOTIONS PROCLAMATIONS SECTION III: BUDGET TOWN BUDGET OVERVIEW BUDGET MESSAGE BUDGET CONTENT CAPITAL PROGRAM PUBLIC HEARING COUNCIL ACTION ON BUDGET CONTINGENCIES PUBLIC RECORDS AMENDMENTS AFTER ADOPTION INDEPENDENT AUDIT SECTION IV: COUNCIL ACTING AS OTHER AUTHORITIES LIQUOR LICENSING AUTHORITY BOARD OF APPEALS URBAN RENEWAL AUTHORITY DOWNTOWN DEVELOPMENT AUTHORITY AVON AFFORDABLE HOUSING AUTHORITY SECTION V: PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION OVERVIEW SECTION VI: CITIZEN COMMITTEES CULTURE, ARTS & SPECIAL EVENTS COMMITTEE FINANCE COMMITTEE HEALTH & RECREATION COMMITTEE SECTION VII: MUNICIPAL LAWS OPEN MEETINGS LAW COLORADO OPEN RECORDS ACT MEETING MINUTES AND RECORDINGS RECORD RETENTION POLICY / SCHEDULE TOWN CODE OF ETHICS LEGISLATIVE MATTERS V. QUASI-JUDICIAL DECISIONS (DUE PROCESS)PROCEEDINGS LEGAL ACTIONS: RULE 106(A), SECTION 1983 CLAIMS, AND OTHER CLAIMS GOVERNMENT IMMUNITY TABOR COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA) SECTION VIII: POLICY DOCUMENTS COMPREHENSIVE PLAN COMMUNITY HOUSING PLAN CLIMATE ACTION PLAN OVERVIEW OTHER PLANS SECTION IX: AFFILIATIONS COLORADO MUNICIPAL LEAGUE (CML) COLORADO ASSOCIATION OF SKI TOWNS (CAST) CLIMATE ACTION COLLABORATIVE (CAC) COLORADO COMMUNITIES FOR CLIMATE ACTION (CC4CA) I-70 COALITION NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG) EAGLE COUNTY REGIONAL TRANSITVALLEY TRANSPORTATION AUTHORITY (ECRTAEVTA) EGE AIR ALLIANCE (EGE) VAIL VALLEY PARTNERSHIP (VVP) EAGLE RIVER WATERSHED COUNCIL (ERWS)COALITION URBAN RUNOFF GROUP (URG) EAGLE RIVER WATER & SANITATION DISTRICT (ERWSD) & UPPER EAGLE RIVER WATER AUTHORITY (UERWA) EAGLE COUNTY COMMUNITY WILDLIFE ROUNDTABLE SPEAKUP REACHOUT EAGLE COUNTY MENTAL HEALTH ADVISORY BOARD EAGLE VALLEY BEHAVIORAL HEALTH EAGLE COUNTY EMERGENCY RESPONDERS FUND (ECERF) EAGLEBEND AFFORDABLE HOUSING BOARD EAGLEBEND DOWD AFFORDABLE HOUSING BOARD BUFFALO RIDGE AFFORDABLE HOUSING BOARD SECTION X: APPENDICES APPENDIX 1 – TOWN ORGANIZATIONAL CHART APPENDIX 2 – AVON TOWN COUNCIL SIMPLIFIED RULES OF ORDER APPENDIX 3 – REMOTE MEETING ATTENDANCE POLICES APPENDIX 4 – BOARDS AND COMMISSIONSCOMMITTEES APPENDIX 5 – RESOLUTIONS ESTABLISHING CITIZEN COMMITTEES AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 1 OF 70 APPENDIX 6 – CML ELECTED OFFICIAL’S STARTER KIT APPENDIX 7 – ETHICS, LIABILITY AND BEST PRACTICES HANDBOOK FOR ELECTED OFFICIALS APPENDIX 8 – DRAFT 2021ADOPTED 2024 BUDGET APPENDIX 9 – CLIMATE ACTION PLAN APPENDIX 10 – C OMPREHENSIVE PLAN APPENDIX 11 – HOUSING PLAN AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 8 OF 70 SECTION I: BASICS OF TOWN GOVERNMENT Town Council Role and Responsibilities Councilors are the leaders and policy makers of the Town. of Avon. Council has the authority to approve laws and regulations and adopt policies that direct townour municipal government. Council elects the Mayor and the Mayor Pro Tem and appoints the Town Manager, the Town Attorney, the Municipal Court Judge and Prosecuting Attorney. These professional positions serve at the will of the Town Council. General Decorum and Conduct of Town Council General Decorum. Councilors are strongly encouraged to exercise principles of general decorum in all aspects of their official Town conduct including, but not limited to, public statements, press releases, media interviews, and written correspondence constituting a public record. The phrase "general decorum" means politeness, courtesy, professionalism, and avoidance of personal insults, ridicule, bullying, slanderous remarks, and ad hominem attacks with respect to Town officials, Staff/employees, fellow Councilors, and the general public. Town Councilors shall not attend Town Council meetings in an intoxicated state. Conduct outside of Meetings. Councilors’ behavior and conduct serve as models for proper decorum in the Town of Avon. Councilors should not make promises or guarantees on behalf of the Town or its Staff, boards, committees, commissioners, Council or other Councilors. While it can be acceptable to publicly disagree about an issue, Councilors are strongly discouraged from making personal attacks or derogatory remarks about other Council members, their opinions, and their actions. If a Councilor appears in a non- official representative capacity before another governmental agency or organization, they shall clearly state that their presence and the statements they make are their own while bearing in mind that such appearance may reflect upon the Town despite such disclaimers. Use of Electronic Devices. Councilors may use computers, electronic tablets, smart phones, personal digital assistants, and similar devices, whether personal or Town-issued, to access data during Council meetings and Town-related work sessions in a manner that is not distracting to others or disruptive to the meeting or session. Councilors shall not communicate using telephonic, text messaging, video chat/streaming, e-mail, or any form of social media during a Council meeting or work session. Personal communication should be kept to a minimum and utilized only for urgent family or personal communications during Council meetings. During quasi-judicial matters, Councilors shall not make, receive, or send personal or private phone calls, text messages, or e-mails while at the Council dais; see Section VII for more information about quasi-judicial matters. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 9 OF 70 Councilors shall not communicate in any electronic format with another Councilor during a Council meeting, work session, or quasi-judicial matter. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 10 OF 70 Social Media Policy This policy applies to any pre-existing or proposed social media tools including, but not limited to, social media websites, blogs, microblogging, discussion forums, photo and video sharing websites, Wikipedia and similar media, and virtual platforms used to conduct official Town business including:  Matters effecting the Council’s policy making functions;  Discussion or undertaking of a rule, regulation, ordinance, or formal action of the Council;  Quasi-judicial matters; and  Exercise of functions required or authorized by law or involving the receipt or expenditure of public funds. The requirements below should not replace good judgment when posting and utilizing any of the social media set forth above and Councilors are expected to adhere to the follow guidelines when engaging in social media use:  Councilors shall not reveal any confidential or privileged information about the Town, its constituents, its Staff/employees, or its contractors.  Councilors should be honest and accurate to the best of their ability when posting information or news that pertains to the Town and should promptly correct any mistakes, misstatements, and/or factual errors in content they post upon discovery of the same. Councilors shall not post or share information they know is false or intentionally misleading.  Councilors shall not represent that they are acting as a spokesperson for the Town Council, a board or committee, administration, or a department unless they have been designated to serve as a spokesperson for such issue or entity.  Councilors shall not remove comments based on the viewpoint or opinion expressed. Council-Manager Form of Government The Town of Avon has a Council-Manager form of government, which means the Council establishes priorities and policies and the Town Manager implements the Council’s directives. The Town Manager is the chief executive officer of the Town and is responsible for carrying out the Council’s directives and administering the day-to-day operations of the Town. The Town Council should communicate all directives to the Town Manager and the Town Manager, in turn, directs staffStaff. The Town Council should always avoid managing Town employees.refrain from attempting to direct Staff. The Home Rule Charter for the Town of Avon, states that the Council shall not give orders to any subordinates of the Town Manager (Home Rule Charter Chapter 8.5). AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 11 OF 70 Town Council/ Town Attorney Relationship The Town Attorney is appointed by the Council and serves as a direct report. Councilors may directly contact and communicate with the Town Attorney. The Town Attorney is the legal advisor forrepresentative of the Town and advises Council, the Town Manager and Department Heads.Staff on legal matters. The general legal responsibilities of the Town Attorney include:  Provide legal assistance necessary for the formulation and implementation of legislative policies.  Represent the Town’s interests, as determined by the Town Council, in litigation, administrative hearings, negotiations and similar proceedings.  Monitor litigation matters that are being actively handled by outside counsel.  Prepare ordinances, resolutions, contracts and other legal documents.  Keep the Town Council and staffStaff apprised of legislation and court rulings and legislation affecting the legal interests of the Town.  Attend Council meetings, and where necessary, other board and commission meetings.  Respond to all inquiries and communications of a general legal nature from Council, Town Manager and Staff.  Represent the Town in its dealings and negotiations with federal, state and local governmental entities and agencies, special improvement districts and utilities.  Advise on employment matters and advise on all local governmental laws relevant to municipal operations. Avon is a Home Rule Municipality MunicipalAvon is a “Home Rule” ismunicipality, a form of government in Colorado under the control of local citizens rather than state government. Towns and cities in Colorado can be either Home Rule or Statutory. Home Rule municipalities have all the powers not expressly denied by the Colorado Constitution and state statutes. Statutory municipalities have only the powers expressly given to them by the Colorado Constitution and state statutes. Home Rule municipalities essentially have more power on a local level. Town Charter/ & Town Code The TownTown’s Home Rule Charter is akin to a constitution for the Town,; the Charter defines organizational forms and the powers and duties of Town officersofficials. Voters in the Town approved the Home Rule Charter in 1978. The laws, rules and regulations that govern and guide the Town’s government are included AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 12 OF 70 in the Town Charter and the TownAvon Municipal Code. Unlike the Town Code, which (“AMC”). The AMC can be amended by the Town Council through the adoption of ordinances, The Town; however, the Charter can only be amended by a vote of the electors of the Town. The Town Charter and Town CodeAMC can be accessed at the following link, which is available on the Town’s website: https://library.municode.com/co/avon. See Section VII below for more information. General Powers and Responsibilities of the Town Council It is important that the Town Council act as a body. No member of the Council has any more power than other members of the Council. The Mayor and Mayor Pro- Tem have additional ceremonial and administrative responsibilities (such as signing certain official documents and chairing meetings); however, all members of the Council are peers with equal rights and duties regarding the establishment of policies. Policy is established by at least a majority vote of the Council. While individual members of the Council may disagree with decisions of the majority, a decision of the majority binds the Council to a course of action. The Mayor presides at all meetings of the Council. The Mayor does not possess any power of veto and the. The Mayor votes on matters in the same manner as other Council members. except that the Mayor votes last during a roll call vote. As presiding officer of the Council, the Mayor should communicate the will of the Council majority in matters of policy. The Mayor is also the official head of the Town for all ceremonial purposes (Home Rule Charter Chapter 4.4). Upon election, each Councilor must take the oath of office set forth in the Charter and is expected, thereafter, to act in accordance with that oath, the Charter and the AMC. Boards and CommissionsCommittees Councilors are assigned to serve on various boards and commissionscommittees to represent the Town of Avon.and are expected to abide by the parameters of their roles on such boards and committees. The list of Intergovernmental Committees and Authorities that require Council assignments is attached at the end of this Handbook in Appendix 4. Council appointments are usually approved by Council motion and by majority vote of the quorum present. It is not a conflict of interest for a Council member to vote for their own appointment to a board or commission.committees. Councilors should timely keep the Town Manager and Mayor informed of the schedule and actions of such boards and commissions.committees. Council shall also be kept informed of substantive actions of such boards and commissions. Appointed Councilorscommittees and appointed Council members shall strive to solicit Council input and direction on substantive decisions of such boards and commissionscommittees which may materially affect the Avon community. Councilors should be mindful of their availability and ability to commit to serving on boards or commissions in addition to their service on Council and personal and professional endeavors outside of that role. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 13 OF 70 Town Organizational Chart The Town Organizational Chart is a diagram that details the structure of the organization, including the relationships between departments and relative ranks of positions. For your convenience the most current version of the Town’s Organizational Chart is included at the end of this Handbook in Appendix 1. Staff Communication Councilors work directly with the Town Manager. Councilors are permitted to ask questions at any time and may ask the Town Manager or ask Staff directly. Questions should be asked by email for efficiency and accountability. Questions to Staff should be limited to Department Directors, the General Government Manager, Communications and Marketing Manager, the Cultural, Arts and Special Events Manager, and the Town Clerk. are to contact the Town Manager for information, special requests, complaints and concerns. There is no need to contact the Town Manager prior to any communication with the Town Attorney, Municipal Judge or Prosecuting Attorney. Effective governance of the Town relies upon the cooperation efforts of Councilors who set policy and Staff who implement and administer the Council’s policies. Councilors should make every effort to be cooperative and show mutual respect to the Staff. Councilors should refrain from involvement in administrative and employment functions of the Town. The role of Councilors should focus on policy matters, such as adopting ordinances and resolutions, adopting the budget, setting annual goals, providing direction on numerous projects, and providing direction in response to community matters. Individual Council members have the right to ask Staff any questions per the Charter, but may not direct Staff. Questions should be submitted to the Town Manager or to Department Directors with copying the Town Manager. Concerns or criticisms of any Staff persons should be made directly to the Town Manager and/or the Mayor. Councilors are encouraged to be conscious and sensitive to the negative impact of public criticism on Staff as well as the negative impact to the Town’s image. Councilors should not attempt to influence or direct Manager or Staff on the making of appointments, employment or personnel matters or decisions, awarding of contracts, selection of consultants, processing of development applications, or granting of licenses or permits. Council members should not solicit political support from Staff in any form including, but not limited to, financial contributions, display of posters or law signs, or name on support lists. Staff may support political candidates in a private citizen capacity but all such activities shall be done away from the work place and during private time. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 14 OF 70 Inappropriate involvement in administrative or personnel matters by Councilor(s) can create legal liabilities for Town as well as personal liabilities for the individual Council member and may cause disruption and inefficiencies in Town governance and operations. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 15 OF 70 SECTION II: TYPES OF COUNCIL ACTIONS Ordinances Ordinances are local laws enacted by the Council. Ordinances are required for every act making an appropriation, creating indebtedness, authorizing the borrowing of money, levying a tax, establishing regulations for which a penalty is imposed, placing a burden upon or limiting the use of private property (e.g. zoning and land use regulations), except that the adoption of the budget and levying of an ad valorem tax (i.e. property tax) is adopted by resolution byaccording to the Charter. Ordinances are required to be approved by two readings, a first reading and a second and, final reading, unless Council approves an except that emergency ordinance.ordinances can be approved in one reading. A public hearing must be held on second reading. or for an emergency ordinance. Quasi-judicial land use matters typically notice and schedule public hearings for both first reading and second reading. Ordinances must be approved by the concurring vote of four (4) Council members except that emergency ordinances require the concurring vote of five (5) Council members. Resolutions Resolutions adopt policies and remain in effect until rescinded or amended by the Council. Resolutions may enact legislation or policy that is not subject to penalties for violation. A resolution may also state Council’s opinion or position on an issue. Resolutions are adopted in one reading by a majority of the quorum present at a Council meeting. Motions Motions are the basic form of meeting procedure and may also be used to approve matters or take actions that do not require the adoption of an Ordinance or Resolution. A motion is used to indicate action on a procedural matter, such as scheduling a special meeting, approving an agenda item or approving a report. or taking action. Motions aremay also be used to formally direct the Town Manager. Motions are approved by a majority vote of the quorum present at a Council meeting. Motions are also the procedure for Council to place an action item on the floor for Council consideration, which requires both a motion and a second. Examples: “I move to approve Ordinance No. 2124-XX on first reading.”,” “I move to approve Resolution No. 2124-XX””, “I move to approve the Council meeting minutes.”,” or “I move to direct the Town Manager to do [XX.” matter].” Proclamations AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 16 OF 70 Proclamations are used to express appreciation for an event, organization or individual and are usually requested by a supporting organization. If a group or individual requests a proclamation, the Mayor may place the matter on the agenda for Council action. Voting and Action Council voting may occur through a roll call vote or a voice vote. A vote to approve an action requires at least one more “yes” vote (or “Aye”) than a “no” vote (or “Nay”). In the event of a tie vote, no action is taken. Pursuant to the Simplified Rules of Procedure, if a tie vote occurs, if the majority of votes are negative, or if an insufficient number of affirmative votes are not provideprovided, then Council may either consider alternatives to the proposed action or may decide to move on to other agenda items. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 17 OF 70 SECTION III: BUDGET Town Budget Overview The annual Town of Avon Budget is the official document which appropriates expenditures for the fiscal year. The Town’s fiscal year begins on the first day of January and ends the last day of December each year. The Budget consists of two parts: (1) an estimate of revenues; and, (2) a tabulation of the estimated cost of each item in the budget. The Town Manager develops a budget calendar and then prepares a proposed budget for Town Council review and adoption pursuant to Chapter XII – Finance and Budget of the Charter. The Budget contains an operational budget, a capital budget, and variety of supplemental budgets for separate funds. Certification of the Town’s mill levy must be adopted by Resolution no later than December 15 of each year. The Budget is typically adopted on or before December 15 of each year. If the Budget is not adopted then the amounts approved for operation of the current fiscal year are deemed adopted for the next fiscal year on a month-to-month basis until Council adopts the annual budget (Charter - Section 12.7(b)) The Budget is split into the following funds: (1) General Fund (2) Capital Improvements Projects Fund (CIP Fund) (3) Debt Reserve Fund (4) Mobility Fund (5) Avon Urban Renewal Authority Fund (6) Downtown Development Authority Fund (6)(7) Supplemental Funds, which include: (a) Community Enhancement Fund (b) Community Housing Fund, Disposable Paper Bag Fee Fund (c) Exterior Energy Offset Fund (d) Fleet Maintenance Fund and Equipment Replacement Fund (e) Water Fund. The 2021 Draft2024 Adopted Budget can be found in Appendix 8 and accessed on the Town’s website at www.avon.org/budget. Councilors may receive, upon request, a hard- copy of the adopted budget once the adopted budget is published. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 18 OF 70 Budget Message The Town Manager prepares the annual Budget in accordance with the Charter which is required to include a “budget message”. The budget message explains the budget both in fiscal terms and in terms of the work program. The budget message contains the proposed financial policies of the Town for the next fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues, together with the reasons for such changes, summarize the Town's debt position, give the balance between the total estimated expenditures and total anticipated revenue from all sources, taking into account the estimated surpluses or deficits in the various funds, and include such other material as the Manager deems necessary or which the Council may require. Budget Content The budgetBudget shall provide a complete financial plan of all municipal funds and activities for the next fiscal year and, except as required by law or thisthe Charter, shall be in such form as the Town Manager deems desirable or the Council may require. In organizing the budgetBudget, the Town Manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity, and object. It shall begin with a clear general summary of its contents and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the preceding fiscal year. It shall include the following in separate sections unless otherwise provided by ordinance: (a) Anticipated revenues classified as cash surplus, miscellaneous revenues, and amounts to be received from property tax; cash surplus being defined for purposes of this article as the amount by which cash is expected to exceed current liabilities and encumbrance at the beginning of the next fiscal year; (b) Proposed expenditures for current operations during the next fiscal year, detailed by offices, departments and agencies in terms of their respective work programs, and the method of financing such expenditures; (c) A reasonable provision for contingencies; (d) A capital depreciation account; (e) Required expenditures for debt service, Judgments, cash deficient recovery and statutory expenditures; (f) Proposed capital expenditures during the next fiscal year, detailed by offices, departments and agencies when practicable and the proposed method of financing each such capital expenditure; AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 19 OF 70 (g) Anticipated net surplus or deficit for the next fiscal year for each utility owned or operated by the Town and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendices to the budget; (h) The bonded and other indebtedness of the Town, showing the debt redemption and interest requirements, the debt authorized and unissued, and the condition of sinking funds, if any; (i) Such other information as the Council may request. Capital Improvements Projects Plan (a) The Town Manager shall prepare and submit to the Council a long-range capital improvements projects plan (“CIP Plan”) simultaneously with the proposed budget.Budget. The CIP Plan incorporates and implements the direction and goals of Council. (b) The capital programCIP Plan shall include the following, unless otherwise provided by ordinance: (1) A clear general summary of its contents; (2) A list of all capital improvements which are proposed to be undertaken during the following fiscal years, with appropriate supporting information as to the necessity for the improvement; (3) Cost estimates, method of financing and recommended schedules for each such improvement; (4) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; and, (5) Such other information as the Council may request. This information may be revised or extended each year with regard to capital improvements still pending or in process of construction or acquisition. Public Hearings Public hearings on the proposed budgetBudget and proposed capital programCIP Plan shall be held before its final adoption at such time and place as the Council may direct. Notice of such public hearing and notice that the proposed budgetBudget is on file for public inspection in the municipal buildingTown Hall shall be published one time at least seven days prior to the public hearing. Council shall also conduct a public hearing before adopting any amendments to the Budget. Council Action on Budget AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 20 OF 70 (a) Amendments. After the public hearings, the Council may adopt the budgetBudget with or without amendment. In amending the budgetBudget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law for debt service or for estimated cash deficit. (b) Adoption. The Council shall adopt the budgetBudget by resolutionResolution on or before the final day established by law for the certification of the next year's tax levy to the county., usually December 15 each year. If itthe Council fails to adopt the budgetBudget by this date, the amounts appropriated for the operation of the current fiscal year shall be deemed adopted for the next fiscal year on a month- to-month basis, with all items in it prorated accordingly, until such time as the Council adopts the budget for the next fiscal year. (Charter - Section 12.7(b)). (c) Balanced Budget. The Budget’s total of the proposed expenditures and provisions for contingencies shall not exceed the total of estimated revenue and unrestricted reserves. (d) Tax Levy. Adoption of the budgetBudget by Council shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed. Council shall cause the same to be certified to the appropriate authorities as required by law. Contingencies The budgetBudget may include an item for contingencies. Except in those cases where there is no logical amount to which an expenditure can be charged, expenditures shall not be charged directly to contingencies; but instead, the necessary part of the appropriation for contingencies shall be transferred to the logical account, and the expenditure charged to such account. No such transfer shall be made without the express approval of the Council, and then only for expenditures which could not readily be foreseen at the time the budget was adopted. Public Records Copies of the budgetBudget and capital programCIP Plan as adopted shall beare public records and shall be made available to the public in the municipal buildingTown Hall and on the avon.org website. Amendments after Adoption (a) Supplemental Appropriations. If during the fiscal year the Town Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by resolution may make supplemental appropriations for the year up to the amount of such excess. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 21 OF 70 (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with provisions of thisthe Charter. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may by emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of any fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the Town Manager that the revenues available will be insufficient to meet the amount appropriated, he shallthe Town Manager must report to the Council without delay, indicating the estimated amount of deficit, any remedial action taken by him and his recommendation(s) as to any other steps to be taken. The Council shall then take action to prevent or minimize any deficit and for that purpose it may by resolution reduce one or more appropriations. (d) Transfer of Appropriations. Any time during the fiscal year, the Town Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency and, upon written request by the Town Manager, the Council may by resolution transfer part or all of any unencumbered appropriation balance from one department, office, agency or object to another. (e) Limitation - Effective Date. No appropriation for debt service may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriation and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Independent Audit An independent audit shall be made of all Town accounts at least annually, and more frequently if deemed necessary by the Council. Such audit shall be made by certified or registered public accountants, experienced in municipal accounting, selected by the Council. The Town’s current independent audit auditor in 2024 is McMahon and Associates, LLC located in Chapel Square, Avon. Copies of such auditaudits shall be made available for public inspection at the municipal buildingTown Hall and on the avon.org website. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 22 OF 70 SECTION IV: COUNCIL ACTING AS OTHER AUTHORITIES Liquor Licensing Authority The Avon Town Council serves as the Local Liquor Licensing Authority. Please refer to the following excerpt from AMC Chapter 5.08 of the Avon Municipal Code for more information: 5.08.010 Purpose Pursuant to the authority of Articles 47 and 48 of Title 12, C.R.S., 1973, as amended, which are specifically adopted by the Town, this Chapter is enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the Town by regulating, controlling and licensing the sale of malt, vinous and spirituous liquors. (Ord. 79-22 §1) 5.08.020 Local Licensing Authority – Establishment AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 23 OF 70 There is created and established a Local Liquor Licensing Authority for the Town which shall have and is vested with the authority to grant or refuse licenses for the retail sale of malt, vinous and spirituous liquors, as provided by law, to conduct investigations in connection therewith, and to suspend or revoke such licenses for cause in the manner provided by law. The Local Liquor Licensing Authority shall have all the powers and authority granted by Title 12, Articles 47 and 48, C.R.S., 1973, as amended, and by the terms and provisions of this Chapter. (Ord. 79-22 §2(A)) 5.08.030 Local Licensing Authority – membership – organization – compensation (a) Until such time as the Town Council may determine otherwise by ordinance, the membership of the Local Liquor Licensing Authority shall be composed of each and every member of the Town Council. (b) At the next meeting of the Local Liquor Licensing Authority following the final passage of the ordinance codified in this Chapter a chairperson and vice-chairperson shall be elected by those members present at that time from among the entire membership of the authority. The chairperson shall preside at meetings, rule on questions pertaining to procedure and admissibility of evidence and perform such other duties as may be necessary. The vice-chairperson shall assume the duties of the chairperson when the chairperson is absent or incapacitated. A quorum shall consist of four (4) members, and a decision of a majority of the members present at any meeting shall control. The chairperson or acting chairperson shall have full voting rights the same as any other member. (c) Members of the Local Liquor Licensing Authority shall be compensated in the sum of twenty-five dollars ($25.00) for each meeting attended; except that no member shall receive more than fifty dollars ($50.00) in compensation for his or her services rendered during any one (1) month. (Ord. 79-22 §2 (B, C, G)) The Deputy Town Clerk coordinates and administers the liquor licensing application process on behalf of the Town of Avon Local Liquor Board and the State of Colorado Liquor Enforcement Division. Council has delegated authority to the Town Clerk to administer routine liquor license applications, including: o Renewals of Liquor Licenses o Modifications o Special Event Permits The Local Liquor Licensing Authority Boardboard reviews the following applications: o Applications for new liquor licenses o A change in premise of liquor licenses o Routine applications reviewed by the Town Clerk if there are any violations or new matters revealed in a background check. Board of Appeals AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 24 OF 70 The Avon Town Council serves as the Board of Appeals. Please refer to the following excerpt from AMC Chapter 15.06 of the Avon Municipal Code for more information: 15.06.010 - Appeals to Town Council A person shall have a right to appeal a decision of the Building Official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty (20) days after the date of the decision of the Building Official. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The Board shall render a decision within thirty (30) days of receipt of the appeal. The decision of the Board shall be by resolution, and copies shall be furnished to the appellant and to the Building Official. The Building Official shall take immediate action in accordance with the decision of the Board. 15.06.020 - Limitations on authority An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this Code. 15.06.030 - Limitation of liability Any member of the Town Council, acting in good faith and without malice for the Town in the discharge of his or her duties, shall not thereby render himself or herself personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties shall be defended by the Town until final termination of the proceedings. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 25 OF 70 Urban Renewal Authority The Avon Urban Renewal Authority (“AURA”) is a separate governmental entity created by the Town of Avon.but the Council serves as the AURA board. AURA is responsible for conducting urban renewal activities throughout the Town of Avon. AURA was created in August 2007 to help the Town of Avon improve its Town Center Core and includes plans to enhance the West Town Center area, Nottingham Park and the Main Street Mall. The AURA has tax increment financing authority which allows the AURA to retain the “increment” (i.e. increase) in property tax from new development for all taxing authorities and use that revenue for capital improvements in the West Town Center Investment Plan area. The AURA’s tax increment finance authority for the West Town Center Investment Plan area expires in 2032. The purpose of the AURA is to alleviate blight and promote economic vitality and investment interest in the West Town Center Plan area. Since its inception, the AURA constructed Lake Street (in connection with the Westin hotel development), improved the Main Street Mall and Lettuce Shed Lane (in connection with the Wyndham timeshare development), and completed tenant finish of the new Town Hall building. Future projects are focused on improvements to Nottingham Park which support economic activity and recreational enhancements as well as additional improvements to the Main Street Mall. AURA is governed by the Town Council who serve as the seven-member Board of Commissioners. The Town Manager serves as the Executive Director, who performs all administrative activities for AURA and serves as project manager for all ongoing projects and activities. Below is a copy of the Town Center West Area Urban Renewal Plan: Boundary Map AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 26 OF 70 AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 27 OF 70 Downtown Development Authority The Avon Downtown Development Authority (“Avon DDA”) is a separate governmental entity created by the Town, with a separate Avon DDA board. PRIMARY PURPOSE: The primary purpose of the Avon DDA is to provide additional funds to construct Community Housing. The shortage of affordable housing is at a crisis level and is directly impacting the ability of private and public employers in Avon to fill vacant employment positions. The shortage of affordable housing is also leading to increased employee turn-over and increased costs associated with recruiting and training new employees. SECONDARY PURPOSE: A secondary purpose of the Avon DDA is to provide additional funds for public improvements that benefit the health, vitality and success of the Avon commercial core. Public improvement projects may include public parking structures, enhanced streetscapes and pedestrian connections, early childhood education, expansion of the Avon Recreation Center, and construction of parks and trails amenities. FUNDING: An Avon DDA is authorized to capture the increment of new property taxes from new development and construction within the Avon DDA area. This property tax increment can be pledged for the payment of municipal bonds to construct Community Housing and other approved public improvements. This form of financing is called Tax Increment Financing. The Avon DDA board composition includes one (1) Town Councilor and ten (10) Directors. To be eligible, Directors must reside, be a business lessee, or own real property in the Avon DDA, provided that a majority of Directors must own or reside within the Avon DDA boundaries. The current Board members and their respective terms can be found at www.avon.org/dda. The boundary area of the Avon DDA encompasses the West Town Center, East Town Center and valley floor area of the Village (at Avon) as seen below. Refer to Ordinance 23-02 to view the boundary in greater detail. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 28 OF 70 SECTION V: PLANNING AND ZONING COMMISSION Planning and Zoning Commission Overview The Town of Avon has a Planning and Zoning Commission (“PZC”) which is appointed by the Council and which serves a significant role in reviewing development applications, revisions to the Development Code (Title 7 of the Avon Municipal CodeAMC), and amendments to the Comprehensive Plan document. A Planning and Zoning Commission is a common entity that nearly all municipalities and counties have appointed. The scope of duties and authority involve review of development and land use changes that affect constitutional property rights and due process rights of both property owners and nearby residents and property owners that may be affected by such application. As such, the PZC meetings and actions are highly structured to provide notice and conduct public hearings as set forth in the Development Code. The Development Code was adopted in 2010 which was the culmination of a two -year process to consolidate and update the former Avon Municipal CodeAMC titles for zoning and subdivision. The Development Code is typically amended once each year for routine updates and refinements. The purposes of the PZC are stated in Section 7.04.030 of the Development Code as follows: 7.04.030 - Purposes. The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 29 OF 70 (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non- renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. The PZC also serves as a Design Review Board for the Town. The purposes of the PZC when acting as the design review board are as follows: AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 30 OF 70  To ensure that the architectural design of vertical structures and their materials and colors conform with the Town's overall appearance, with surrounding development if appropriate, with natural and existing landforms, with the standards identified in the Development Code and with officially approved development plans, if any, for the areas in which the structures are proposed to be located;  To ensure that the location and configuration of vertical structures, including signs and signage, are contextually appropriate to their sites and with surrounding sites and structures if appropriate and that the structures and signage conform to the requirements of the Development Code;  To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on the same site and on adjoining and nearby sites as determined by the Development Code; and  To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms. The PZC is composed of seven (7) members appointed by Town Council for a two (2) year term. The current Planning Commissioners and their respective terms are:can be found at www.avon.org/pzc. Donna Lang Arenschield Term Expires May 2022 Rebecca Smith Term Expires May 2021 Jared Barnes Term Expires May 2021 Vacant Term Expires May 2021 Sara Lanious Term Expires May 2022 Vacant Term Expires May 2022 Steven Nusbaum Term Expires May 2021 Please click here for the Town of Avon zoning map. Public comment can be submitted to Staff on behalf of the P&Z CommissionPZC at pzc@avon.org. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 31 OF 70 SECTION VI: CITIZEN COMMITTEES Overview of Citizen Committees Since 2019 Council establishedappoints three separate Citizen Committees in 2019 to increase input and involvement from the Avon community. The three Citizen Committees include the Culture, Arts & Special Events Committee, the Finance Committee, and the Health & Recreation Committee. Culture, Arts & Special Events Committee The Culture, Arts & Special Events (“CASE”) Committee was adopted by Resolution 19-12 in May 2019, to formalize and establish a permanent citizen committee after two years of an initial Ad Hoc Special Events Committee. To date, CASE has primarily provided input on the strategic planning and investment in special events held from Spring through Fall. The purposes and duties of the CASE Committee are as follows:  To provide advice concerning the Cultural Plan for the Town of Avon, as may be amended from time to time;  To review, research and provide guidance and advice on culture, arts and special event programming in the Town of Avon;  To review applications for Town funding allocated for special events and provide recommendations to the Avon Town Council, and to develop applications forms and procedures and review criteria related to such funding applications;  To conduct surveys and prepare reports related to special events as appropriate and as directed by Council;  To attend joint meetings with the Avon Town Council to review past, present and future special events, review and evaluate implementation of the Cultural Plan, review annual appropriations to support culture, arts and special events, and to review policies, procedures and practices for culture, arts and special events and CASE; and,  To perform such other tasks related to culture, arts and special events in or near Avon as the Avon Town Council may direct. The CASE Committee is composed of seven (7) voting members and two (2) Ex-Officio Non-Voting Council members appointed by Town Council. The current CASE Committee members and their respective terms are:can be found here: www.Avon.org/Case-Committee. Pedro Campos Term Expires February 2022 AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 32 OF 70 Chris Cofelice Term Expires February 2022 Jason Denhart Term Expires February 2021 Amy Phillips Council member Timothy Haley Term Expires February 2021 Lindsay Hardy Council member Lisa Mattis Term Expires February 2021 Kathy Ryan Term Expires February 2022 Ruth Stanley Term Expires February 2021 The Resolution adopting the CASE Committee is attached at the end of this Handbook in Appendix 5. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 33 OF 70 Finance Committee The Finance Committee was adopted by Resolution 19-15 in July 2019 and extended by Resolution 22-14 in June 2022. The purposes and duties of the Finance Committee are as follows:  To review, research and study the Town’s tax and fee structure and sources of revenue, including but not limited to: (i) comparisons to both incorporated and unincorporated peer communities, (ii) potential volatility associated with various revenue sources, and (iii) determining the percentage of revenues attributable to residents, second homeowners, visitors and businesses;  To review, research and study the Town's economy as it relates to the Town's finances;  To prepare reports as appropriate to assist the Town Council and the general public to better understand the Town's finances;  To make recommendations to the Town Council consist with this Resolution; and,  To perform such other tasks related to the Town's finances as the Town Council may request. The Finance Committee is a temporary, non-permanent advisory board and shall automatically expire on January 31, 20222024 unless terminated earlier by Council resolution or unless the expiration date is extended by Council by resolution. The committee is composed of five (5) to nine (9) voting members and two (2) Ex-Officio Non-Voting Council members appointed by Town Council. The current Finance Committee members and their respective terms are:can be found here: www.avon.org/Finance-Committee. Linn Brooks Term Expires January 31, 2022 Scott Prince Council member Steve Coyer Term Expires January 31, 2022 Sarah Smith Hymes Council member Markian Feduschak Term Expires January 31, 2022 Craig Ferraro Term Expires January 31, 2022 Dee Wisor Term Expires January 31, 2022 The Resolution adopting the Finance Committee is attached at the end of this Handbook in Appendix 5. Health & Recreation Committee The Health & Recreation Committee was adopted as an ad-hoc committee by Resolution 19-16 in July 2019, extended in February 2022 by Resolution 22-02 and made into a permanent committee by Resolution 24- 05 in February 2024. The purposes and duties of the Health & Recreation Committee are as follows: AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 34 OF 70  To review, research and study the Town of Avon's health and recreation, including but not limited to: (i) "healthy community" issues, planning, policies and implementing strategies for improving overall community health, (ii) comparisons to both incorporated and unincorporated peer communities of recreation facilities and programs, and (iii) the design, programming and estimated cost of recreational facility improvements, including but not limited to remodeling and expansion of the Avon Recreation Center;  Conducting community outreach, studies and surveys to determine community preferences for recreation programming, recreation facilities and healthy community policies;  Serve as a liaison to Eagle County health communities efforts; and  To provide recommendations to the Town Council concerning healthy community, recreation programming and recreation facilities. The Health & Rec Committee is a temporary, non-permanent advisory board and shall automatically expire on January 31, 2022 unless terminated earlier by Council resolution or unless the expiration date is extended by Council by resolution. The committee is composed of four (4five (5) to nine (9) voting members and two (2) rotating Ex-Officio Non-Voting Council members appointed by Town Council. The current Health & Rec Committee members and their respective terms are:can be found here: www.avon.org/HealthandRec- Committee. Tom Kiddoo Term Expires January 31, 2022 Ex Officio Council members are: Pat Nolan Term Expires January 31, 2022 Scott Prince Kathy Ryan Term Expires January 31, 2022 Sarah Smith Hymes Pam Warren Term Expires January 31, 2022 Lindsay Hardy The resolution adopting the Health & Recreation Committee is attached at the end of this Handbook in Appendix 5. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 35 OF 70 AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 36 OF 70 SECTION VII: MUNICIPAL LAWS Overview The Town of Avon is a municipal corporation formed pursuant to the laws of the State of Colorado. As a municipal corporation there are a wide variety of laws that apply to the Town of Avon as a local government entity. While the entire AMC is lengthy and the Colorado Revised Statutes are vast, Council members should have a basic familiarity with the municipal laws described in this Section. Home Rule Authority Avon citizens adopted home rule authority for the Town of Avon in 1978 at the time that Avon was incorporated in conformity with Article XX of the Colorado Constitution. This authority is primarily documented and described in the Avon Home Rule Charter (“Charter”) which is included in the Avon Municipal Code.”). There are a total of 96105 home rule municipalities in Colorado, including 6162 cities and 3538 towns. Home ruleRule authority provides the Town of Avon with greater authority to legislation on matters of local concern, with the limitation that the Town cannot infringe upon federal or state constitutional rights. There are a number of areas considered matters of “state concern” where the State of Colorado has “preempted regulations” and where the Town cannot adopt different regulations (e.g. fire arms, liquor laws, drinking water quality, vehicle registration) and other areas that are considered matters of “mixed local and state concern” where the Town of Avon has authority to regulate to the extent that such regulations do not conflict with state regulations. Open Meetings Law Colorado first adopted the open meetings laws (aka “Colorado Sunshine Law”) in 1972. Basically, the rule is local government meetings must be open to the public and must be noticed at least 24 hours in advance of such meeting. The Colorado Open Meetings Law allows public access to all meetings, with the exception of executive sessions. Executive sessions (closed door meetings) must meet specific legal criteria and be for the purpose of receiving legal advice on a specific legal matter, negotiation, a personnel matter, or another subject that is protected by law. A request to meet in executive session must be voted on and approved by 2/3rds of Council members at the meeting before Council may convene into executive session. Please view this Quick Guide to Executive Sessions. The Open Meeting Law defines a “local public body” as any board, committee, commission or other policy making, rulemaking, advisory or formally constituted body of a political subdivision of the state such as AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 37 OF 70 municipalities. The Open Meetings Law defines a “meeting” as any kind of gathering, convened to discuss public business, in person, by telephone, electronically or by other means of communication. The Openness Requirement: Whenever three or more members of the Town Council (the local “public body”) get together and public business is discussed, or formal action may be taken, the gathering is considered a “meeting.” The law requires that the public be given timely notice of meetings; this means that meetings must be noticed (i.e. posted in designated locations in Town) at least twenty-four hours in advance. Meetings conducted by telephone, electronically or by other means of communication: Technological advancements have provided many methods for public officials to confer such as videoconferencing, conference calls, text messaging, and e-mails. Consequently, the Open Meeting Law now includes “electronic” as well as “other means” of communication under the statutory definition of “meeting.” The Open Meeting Law now explicitly subjects the e-mail communication of elected officials that discusses pending legislation or other public business to the requirements of the law. Social Gatherings: The Open Meetings Law provides that chance meetings or social gatherings of public officials at which discussion of public business is not the central purpose are not subject to the provisions of the law. Council members should not discuss any Town business if three or more Council members encounter each other at a chance meeting or social gathering. Colorado Open Records Act The Colorado Open Records Act (“CORA”) statute provides public access to public records in the possession of all levels of government in Colorado, including municipalities. CORA requires that public records must be produced upon request to the public. A “public record” includes all writings and electronic documents and records that are made, maintained or kept by the Town. There are some exceptions to records that are in the Town’s possession which are not “public records” including confidential records. CORA is a very detailed and highly structured act that creates regular duties for the Town Clerk, as the official custodian of public records, to respond to public records requests. The Public Records Policy is available on the Town’s website. Meeting Minutes and Recordings The Town Clerk takes minutes of every regular, special and emergency Council meeting and presents a draft of meeting minutes for Council adoption thereafter. Minutes are a summary of the meeting that indicates the actions taken and shall include brief descriptions of discussions which occur on various matters. The Town Clerk records all regular, special and emergency meetings of the Council. Meeting minutesMeeting minutes are available on the Town’s avon.org website under the government menu. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 38 OF 70 AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 39 OF 70 Municipal Records Retention Policy The Town Clerk is responsible for records retention based on. In 2003, the Colorado Municipal Records Retention Schedule. some examples are listed inTown approved Resolution No. 03-26 to follow Colorado’s Model Municipal Records Retention Schedule. You can find the table below:Municipal Records Retention Manual here. Town Code of Ethics The Code of Ethics provisions in the Town Code, AMC Chapter 2.30, prohibit Council Members, appointed officials, appointed board, committee and commission members, and Town employees and Town officers from taking action in their capacity as afor the Town official when there is a conflict of interest. The conflict of interest restrictions primarily concern matters in which a Town officialCouncil Member, appointed official, appointed board, committee and commission member or Town employee may have a significant financial interest, including a potential future financial interest. They but also includeaddresses an “appearance of impropriety”. The Code of Ethics also allowsdictates that Council is to determine if a conflict of interest exists Example Retention 40.010 administrative proceedings records 3 years after proceeding concludes 40.020 affidavits of publication A. Affidavits of Publication – Ordinances B. Other Affidavits of Publication 6 years or until ordinance is repealed or reenacted, whichever is later 6 years 40.030 agreements and contract 6 years after expiration, fulfillment of all terms of agreement or contract or resolution of any disputes, whichever is later, provided that audit has been completed and agreement or contract no longer has any binding effect; except prior to destruction, evaluate for continuing legal, administrative or historical value 40.040 awards and honors Until no longer useful 40.090 complaints, routine service requests and nonbinding petitions 2 years after response or action or 2 years if no response or action is required 40.200 open records requests and supporting documentation 2 years after request is answered AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 40 OF 70 ; this is not a determination of an individual Councilor. Under the Code of Ethics, a conflict of interest may be determined by the Council to exist when an actionalactual conflict does not exist but finds thatmerely the appearance of a conflict exists. The Town Code of Ethics also includes provisions on gift restrictions and reporting. YouCouncilor’s are encouragedexpected to review and understand the Code of Ethics section of the Town CodeAMC, which is located in Chapter 2.30 Town Code of Ethics. Council members are required to disclose conflicts of interest, (AMC Chapter 2.30.060), refrain from attempting to influence other members of the Council on the matter, refrain from discussing the matter with other councilCouncil members, may not vote on the matter and must leave the Council Chamberschambers when the matter is being discussed. A general rule is if the matter involves anything in which a councilCouncil member has or might have a direct or indirect financial interest, except for matters of common public interest, such matters constitutemust be disclosed and the Council will promptly vote to determine whether a conflict of interest that must be disclosedexists . 2.30.060 – Conflict of Interest. A Town Officer shall not: (1) Disclose or use confidential information acquired in the course of such officer's duties: (a) In order to further a business or other undertaking in which such officer has a substantial financial interest; or, (b) For any use which would be detrimental to the Town. (2) Engage in a substantial financial transaction for his or her private business purposes with a person whom such officer inspects or supervises in the course of his or her official duties. (3) Perform an official act which directly and substantially affects to its economic benefit a business or other undertaking in which such officer has a substantial financial interest. (4) Perform an official act which directly and substantially affects a business or other undertaking by whom the officer is employed, or by whom such officer is engaged as counsel, consultant, representative or agent. (5) Acquire or hold an interest in any business or undertaking which such officer has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by the agency over which he or she has substantive authority. (6) Perform an official act directly and substantially affecting to its economic detriment any business or other undertaking when such officer has a substantial financial interest in a competing business or undertaking. (7) Solicit or accept a present or future gift, favor, loan, service or thing of value from a person under circumstances which would lead a reasonably prudent person to believe that such gift, favor, service or thing of value was made or given primarily for the purpose of influencing or attempting AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 41 OF 70 to influence such officer in connection with an official act, or as a reward for official action he or she has previously taken. The provisions of this Paragraph shall not apply to those circumstances described in Paragraph 2.30.070(3). (8) Perform any official act under circumstances which give rise to appearance of impropriety on the part of the officer. (9) Make or accept any ex parte communication or contact concerning a matter which is to be determined after a public hearing without making the contents of such communication or contact a part of the record of such public hearing. (10) Appear on behalf of any private person, business or entity, other than himself or herself, his or her spouse, or minor children, before the Town Council, any Town Commission or the Municipal Court; or, (11) For members of Town Council, seek or obtain employment or compensation concerning matters upon which he or she took an official act during his or her term of office for six (6) months following expiration or termination of office, if such official act occurred less than four (4) years prior to such employment or compensation, provided that this provision may be waived by a majority of the disinterested Town Council members. Consult with the Town Attorney whenever there is any question about whether you may be determined to have a conflict of interest. If in doubt always disclose the matter at a Council meeting. Legislative Matters v. Quasi-Judicial DecisionsProceedings (Due Process) Council acts in legislative, administrative, and “quasi-judicial capacity” capacity. “Quasi-judicial” actions are actions that affect the property and due process rights of an application or appellant. They typically involve the require to review an application or appeal from the decision of a Town officer or the PZC, the requirement to review the matter in accordance with established review criteria and the requirement to provide a hearing with prior notice to the applicant/appellant and often notice to the general public. Council is required to provide a fair, unbiased hearing pursuant to constitutional Due Process considerations when serving in a “quasi-judicial” capacity. Council members may not formulate an opinion on such matters prior to the close of a hearing and consideration of all facts presented. One important restriction is that Council members may not engage in “ex-parte communication” prior to the hearing with either the applicant/appellant or interested members of the general public. Council members may also not base their decision on any information not presented at the hearing or base their decision on reasons that do not related to established review criteria. Quasi-judicial decisions of the Town Council may be appealed to District Court. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 42 OF 70 State and Federal Courts characterize certain governmental entity decisions as either legislative or quasi- judicial; quasi-judicial is when applying constitutional due process (fair hearing) is required. It is important to understand the differences between the two as Courts require special procedures to be followed for quasi-judicial matters. Legislative Matters: Legislative matters are matters of general concern or with applicability throughout a municipality. In the legislative role, the Council reviews, recommends, creates, and amends regulations on a Town wide basis. Legislative matters are frequently referred to as “policy making” and the Council may freely discuss legislative matters with the general public.  Examples: Resolutions or Ordinances with broad application and amendments to the Municipal Code. Quasi-Judicial Matters: Quasi-judicial matters involve the application of established policy in existing law to facts presented to Council at quasi-judicial hearings in order to reach a decision. In other words, Council does not set new policy in a quasi-judicial proceeding. Instead, Council applies policy that is already established in existing law to specific facts gathered at the hearing to arrive at its decision on the case presented.  Examples: Special use permits, zoning variances, subdivision plat approvals, liquor license issuance, and nuisance abatement. During quasi-judicial hearings, the Council acts in a manner similar to a judge and it must make an objective decision that is based upon the evidence presented at the hearing and the current law and applicable legal standard. These proceedings impact the property rights of an individual, an entity, or a small group of individuals and fairness and due process must occur. Everyone with an interest in the case, as well as all members of the decision-making body, must hear the same evidence at the same time from the same sources. The applicant, appellant, or property owner deserves the opportunity for a fair, impartial hearing before unbiased, impartial decision makers, each of whom have had the benefit of the same input and testimony. During quasi-judicial hearings, Council will not engage in reflective listening. Council’s Impartiality in a Quasi-Judicial Proceeding may be affected by:  Pre-judgment or bias. An individual Councilor’s desires, personal preferences, or prejudices must not be a factor for consideration or enter into their decision-making. A councilor must not have their mind made up before the hearing and must remove themselves from the process if they have AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 43 OF 70 advocated one way or the other on a quasi-judicial matter. Each Councilor participating in the hearing must have the ability to decide the case fairly and impartially in a manner that is solely based on the evidence and testimony presented to them at the hearing.  Conflicts of Interest. See Chapters 2.30.060 and 2.30.080 regarding Conflict of Interest and Disclosure of Conflict of Interest in Council Action as set forth in the Town’s Ethics Code.  Ex-Parte Communications. Ex-Parte communication refers to information received “outside of the record” whether verbal, written, electronic, or graphic. Ex-parte communications are also defined as communication between a Councilor and one party outside the presence of the other parties to the case or other affected individuals. Due to the legal constraints of this process, Councilors may not discuss quasi-judicial issues outside of a hearing and Council must refrain from listening to opinions outside of the public hearing and should not form opinions until the hearing. Council should also refrain from researching the issue outside the hearing. If a member of the public or the applicant attempts to share opinions or discuss the issue with a Councilor outside of the hearing, the Councilor must explain they cannot engage in ex-parte communication regarding quasi-judicial matters. Instead, the Councilor should direct the individual to provide written comments to Staff so such comments can be included in the public record and considered by all Council members at the proper time. Courts generally hold that ex parte communications are improper and may provide legal grounds for overturning a Council’s decision. These rules promote impartial decisions by ensuring disclosure of all evidence and arguments presented to the Council in its deliberation and decision. These rules also give everyone involved a fair chance to respond to all information that may affect the decision. If any Councilor believes that their ability to participate in the hearing fairly and impartially has been compromised they must cure the issue by disclosing the issue on the record or recusing themselves from the hearing. Legal Actions: Rule 106(a), Section 1983 Claims, and Other Claims There is always the potential for lawsuits against the Town of Avon to challenge a Town action, attempt to compel a Town action or seek damages against the Town. Although a complete review of potential legal challenges is not possible, several common claims against municipalities are highlighted for Council’s awareness. Council Members Named Individually: It is typical for most lawsuits against a municipality to name the Town of Avon as a municipal organization and then also name Council members individually. That general rule is that the Town of Avon defends actions and decisions of individual Council member while serving in their official capacity. The exception to this rule is if a Council member is acting unlawfully (i.e. a violation of Council oath to uphold laws) in a knowing or reckless manner. An example would be if a Council member AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 44 OF 70 attempted to approve a contract as an individual that obligated the Town to payments or created Town liability when the contract was not authorized by Council or Town Manager. Such instances are very rare and typically involve some form of knowing and intentional financial conflict of interest. Rule 106(a) Actions: Colorado Rules of Civil Procedure include the ability to legally challenge and invalidate a local government decision as “arbitrary and capricious” under Rule 106(a). The local government decision that is subject to a Rule 106(a) challenge is typically a “quasi-judicial” decision. A Rule 106(a) challenge must be filed in District Court within 28 days after the date of the final decision of the Town of Avon. The Avon Municipal CodeAMC is structured to allow any administrative decision or PZC decision to be appealed to the Council so that for nearly all instances it is only the final decision of Council that may be challenged in District Court. Rule 106(a) challenges can arise from any land use decision, code enforcement action, decision on the payment of a tax, fee or fine, or decision affecting a business interest such as a business license or liquor license. Rule 106(a) challenges are a review of the “record of decision” where all materials considered for the decision, including Staff reports, applicant information, and public comment, and a transcript of the public hearing. Often times a “Record of Decision” is prepared and formally adopted by Council which documents all the materials and the Council “findings of fact” that serve as the basis for a decision. The most important aspect to understand is that Council must base its quasi-judicial decisions on specific “findings of fact” that relate to adopted review criteria to survive a legal challenge that a Council decision is arbitrary and capricious. Section 1983 Actions: Section 1983 actions refer to a section of the federal code which allows individuals to sue governmental entities for violations of federal constitutional rights under “color of law”. These actions allow for potential recovery of attorneys’ fees and damages. Examples of Section 1983 claims include land use decisions that result in a “taking” of private property or denial of “due process”, alleged practices by police departments that discriminate against persons based on race, nationality or ethnicity, and local government practices that infringe upon free speech. Awareness and compliance with constitutional law is a routine and fundamental function of the Town of Avon as a local government entity. Tort Claims: Tort claims involve claims for damages when someone experiences personally injury or property damage that is the result of the Town having a duty in some manner to the individual, breaches the duty, and such breach causes the damages. Tort claims against local government are highly regulated the Colorado Governmental Immunity Act, which is discussed more below. Avon, local nearly all local governments, routinely receives “notice of claims” and coordinates response to such claims with CIRSA. The most direct areas of tort claims for concern are road hazards (i.e. open excavation in travelled roadway) and entrances to public buildings. Breach of Contract: The of Town of Avon is subject to breach of contract claims, and may bring breach of contract claims, in the same manner as private parties. There are some contract terms that are unique to local governments and municipalities. Generally, the Town uses standardizes forms, or incorporates standardized municipal provisions, that are commonly used by municipalities which protect the Town from liability. When retaining a party to provide services the Town generally structures contracts to receive services first and pay after performance of services. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 45 OF 70 Local Government Statutory Claims: There are numerous statutory requirements for local government, such as compliance with the Colorado Open Records Act and Colorado Open Meetings Law, that establish the right of individuals to bring legal actions for non-compliance. Statute of Limitations: The last legal concept to mention is the Statute of Limitations which creates deadlines to bring legal actions, whether against the Town or by the Town. There are different rules for enforcement of code violations, recovery of taxes and fees, breach of contract, collection of debts and filing claims based in tort. Governmental Immunity Sovereign immunity is the state’s immunity from most kinds of lawsuits unless the state consents to be sued. Governmental immunity is generally understood to be that portion of the state’s sovereign immunity which extends to local governments. Governmental immunity bars tort claims against local governments for injuries caused by their employees or agents acting within the scope of their duties in the performance of governmental functions. It does not protect a local government from tort claims arising from the performance of proprietary functions. Much of the case law involving governmental immunity focuses on whether (1) the employee who caused the injury was acting within the scope of the employee’s duties and (2) whether the activity in which the employee was engaged was governmental or proprietary. Colorado Intergovernmental Risk Sharing Agency (CIRSA) The Colorado Intergovernmental Risk Sharing Agency (CIRSA), is a public entity formed over 30 years ago by Colorado municipalities for Colorado municipalities. With more than 270 communities and public entities, CIRSA is a self-insurance pool and member-owned organization which provides member-influence over the programs and services CIRSA offers. As a member, the Town’s contribution buys an equity interest in CIRSA’s self-insured pool potentially lowering our future contributions. CIRSA proactively identifies and manages risks, improves the claims experience, and works collaboratively with the Town to cut our losses. In addition, CIRSA provides free training and education for elected officials and board members, enriched resources ranging from on-the-job safety training to workplace harassment awareness, practical tools plus webinars and safety manuals, and in the event that a claim or lawsuit is filed, CIRSA will manage the process and assign an experienced public entity attorney to represent the Town. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 46 OF 70 Tax Payors Bill of Rights (TABOR) TABOR is the Taxpayer Bill of Rights, passed by the voters in 1992. TABOR prohibits any tax increase without a vote of the people. In addition, TABOR places strict limits on how much revenue the state of Colorado can keep and how much it can spend. Specifically, TABOR allows the state to retain and spend an amount based on the prior fiscal year's actual revenue or limit, whichever was lower, grown by Colorado inflation and population growth and adjusted for any "voter-approved revenue changes. TABOR limits are the strictest revenue and spending limits in the nation. Any revenue collected in excess of TABOR’s revenue limits must be refunded to the taxpayers. For more information about TABOR, visit the following pages on the Legislative Council Staff website:  TABOR Revenue Limit  History of TABOR Refund Mechanism  History of TABOR Enterprises  Report on Referendum C Revenue and Spending AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 47 OF 70 SECTION VIII: POLICY DOCUMENTS Overview Council has adopted a variety of formal policy documentsPolicy Documents over the years. These documents are typically created through a community engagement process and subject to multiple public hearings prior to adoption. These Policy Documents provide general goals and defined strategies for implementation which often transcend CouncilCouncilor’s 4-year terms. It is important to acknowledge these Policy Documents for decision making and prioritizing the Town’s Staff work plans; as well asit is important to update and revise such documents to reflect accomplishments as well as changed circumstances which may require a change in community goals, strategies and priorities. Comprehensive Plan Avon's Comprehensive Plan (Appendix 10), adopted in 2017, was recently awarded the Vernon Deines Award for Outstanding Small Town or Rural Plan by the prestigious American Planning Association. Avon’s Comprehensive Plan is an overarching plan that guides Avon's land use and development. The Comprehensive Plan creates the goals and policies that encourage the type of growth and values that Avon citizens envisioned during the public comment process. A number of overarching goals and policies provide direction in the following community-wide topic areas: A. Built Form B. Land Uses C. Community Character D. Economic Development E. Housing F. Multi-modal Transportation & Parking G. Environment H. Parks, Recreation, Trails, and Open Space I. Public Services, Facilities, Utilities, and Government J. Regional Coordination Each topic area contains one or more goals and several specific policy objectives. Certain goals and policies are more specific and timely than others; however, all goals and policies contribute to the vision of the plan and its implementation. Finally, certain policies interrelate to several topic areas (such as policies that are relevant to both Land Use and Economic Development). The comprehensive plan also serves as a basis for the adoption of the zoning map and amendments to the zoning map. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 36 OF 70 Village (at Avon) Development Agreement and Planned Unit Development The Village (at Avon) is the 1,779 acre Planned Unit Development (“PUD”) area on the east side of Avon that was annexed in 1998. The Village (at Avon) development is subject to very elaborate terms regarding vested rights for defined “Planning Areas” in the PUD and long range Town tax credits to finance the development of public infrastructure in the Development Agreement. “Vested Rights means that the Town is restricted from changing the zoning and development approvals until 2039. The Town’s tax credits apply to the Town’s sales tax, accommodations tax, real estate transfer tax and Avon water tap fees. The Town collects property tax and a .75% dedicated Add-On Public Improvement Fee on all retail sales in the Village (at Avon). The Village (at Avon) has zoning on the valley floor between Piedmont Apartments and City Market/Chapel Square that is comparable to the Town Center zoning (i.e. mixed-use development up to 80’ and medium and high density multi-family residential), zoning for mixed-use commercial and multi-family residential on the north side of the I-70 interchange and zoning for residential on the north mountain side that is comparable to Wildridge and Mountain Star. Due to the depth and complexity of the Village (at Avon) development, and the scale and long-range nature of this half of Avon, dedicated work sessions will be provided to Council to review this development area. Click here to view the Village at Avon PUD Guide Avon Community Housing Plan The Community Housing Plan (Appendix 11), preparedlast updated in 20182021 sets the following goals and objectives: a. Support the establishment of a dedicated funding source to sustain the Community Housing Fund; a.b. Focus on increasing deed restricted homeownership opportunities for households making equivalent of 140% or less of the Area Median Income - $430,000 for a (“AMI”). A household of three people earning 140% AMI is expected to be able to afford a home price of $571,000 in 20182021. b.c. Grow the inventory of homeownership and “missing middle” inventory, in place of additional rental housing stock, to create a more balanced portfolio with a long-term goal of 50% rental, 50%more home ownership. opportunities; c.d. When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120% AMI level.; d.e. Stabilize or increase the percentage of owner-occupied year-round residents; currently 5556.5% of all dwelling units in Avon are owner-occupied by year-round residents.; AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 37 OF 70 e.f. Stabilize or increase the percentage of Eagle County working residents Qualified Employees residing in Avon.; f.g. Seek to add deed restricted units to the inventory in the short term.through the Mi Casa program and other mechanisms; g.h. Strengthen regional partnershipsPartner with other communities and entities (i.e. Habitat for Humanity, Vail, Eagle County, other municipalities)), and private employers to make projects happen.combine buying power and construct new housing units: h.i. As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase housing serving the local year-round population.; and i.j. Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of new projects and housing stock in the mid-valley; appendices may be updated by ResolutionCommunity Development Department pending updated information. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 38 OF 70 AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 39 OF 70 Climate Action Plan On December 13, 2016, the Avon Town Council unanimously voted to adopt the Climate Action Plan for the Eagle County Community (Appendix 9). The plan is the culmination of a year-long effort that included more than 30 Eagle County stakeholders who were tasked with reducing GHG emissions for the entire County. The 2020 update to the Climate Action Plan for the Eagle County Community calls for greenhouse gas emission reduction targets of 2550% by 20252030 and a minimum of 80% by 2050. Energy use, transportation use, commercial buildings, waste and energy sources are all addressed within the plan, which is focused on climate mitigation. In order to meet the established targets, the plan also contains project recommendations for the community, including county government, towns, businesses, nonprofits, and other partners to begin immediate climate action. The collaborative stakeholder group continues to convene regularly to implement the goals and strategies recommended in the Climate Action Plan and monitor success. Five sector-based working groups have formed: 1) Education and Outreach 2) Residential Buildings 3) Commercial Buildings and Industrial 4) Transportation and Mobility 5) Materials Management and Waste Reduction. Walking Mountains Science Center was contracted to serve as project manager to convene and facilitate this community-wide project. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 40 OF 70 Other Plans The Community Development Department is responsible for managing the Town's built environment and creating a livable community that balances the needs of residents, businesses, property owners and visitors. Below is an overview of the long-range documents and plans Long-Range Documents:  (2024) Avon Comprehensive Plan  (2021) Avon Community Housing Plan  (2018) Town Owned Properties Plan  (2018) Village at Avon PUD  (2015) Avon Urban Renewal Plan for Town Center West Area  (2018) Multimodal Transportation and Parking Plan  (2015) Walkability Report  (2015) Village (at Avon) DRB Guidelines  (2009) H.A. Nottingham Park Master Plan  (2009) Transportation Plan  (2007) West Town Center Investment Plan  (2007) East Town Center District Plan AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 41 OF 70 AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 42 OF 70 SECTION IX: AFFILIATIONS Colorado Municipal League | CML The Colorado Municipal League (CML) is a non-profit organization that has served and represented Colorado cities and towns since 1923. Currently 265 of Colorado’s 271 municipalities are members of CML. CML provides advocacy, information and training to its members. CML’s mission is twofold: to represent cities and towns collectively in matters before the state and federal government, and to provide a wide range of information services to assist municipal officials in managing their government. Then Town of Avon is a member of CML and the organization sends an informational welcome packet to newly elected council members and monthly newsletters. In addition, CML has an Elected Official’s Starter Kit available on their website. For your convenience, this kit has been attached at the end of this Handbook in Appendix 6. For more information about CML, please visit their website at www.cml.org. Colorado Association of Ski Towns | CAST The Colorado Association of Ski Towns (“CAST”) is an organization of 26 municipalities and four counties whose economies are largely dependent upon the ski industry and tourism. Members include the mayors, managers and council members of the resort towns. The Association was formed in part to recognize that resort communities face unique challenges in providing municipal services to residents and visitors. Member municipalities share the benefits of the diverse knowledge, experience and leadership offered through meetings, conferences, surveys and other informational venues, as decided by the members. CAST members use the power of the coalition to seek support for legislation that will benefit and sustain the mountain communities. CAST supports actions that keep member communities livable, protect their pristine environments, and promote community-based land use, mass transit, affordable housing, and sustainable tourism. CAST’s goal is to foster growth that will ensure an exceptional quality of life for citizens and a positive experience for visitors. For more information about CAST visit their website at www.coskitowns.com. Climate Action Collaborative | CAC The Climate Action Collaborative (CAC) for the Eagle County Community is a group of local governments, businesses, schools, special districts and nonprofits tasked to implement the recommendations of the Climate Action Plan for the Eagle County Community. The plan recommends county-wide carbon pollution reduction targets of 2550% by 20252030 and 80% by 2050, from the Eagle County 2014 baseline inventory. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 43 OF 70 The Collaborative meets quarterly and includes working groups focusing on reductions in: buildings (residential & commercial), transportation, the landfill, and our energy supply. There is also a working group dedicated to education and outreach in the Eagle Valley. For more information about the Climate Action Collaborative visit their website at www.walkingmountains.org/climate-action-collaborative. Colorado Communities for Climate Action | CC4CA Colorado Communities for Climate Action (CC4CA) is a coalition of 34 local governments across the state advocating for stronger state and federal climate policy. CC4CA is governed by a Board of Directors of representing all of the member communities. Colorado Communities for Climate Action has adopted, by unanimous consent among its members, a policy statement that guides the coalition’s efforts. The Policy Statement includes promoting plans and actions to: a. Extend current authorities and provide new ones for local action. b. Set new state climate-protection goals. c. Define and implement concrete steps to meet those goals. d. Reduce carbon pollution through concrete new policies on electricity generation, energy efficiency, transportation, and waste management. e. Ensure that all of Colorado benefits from the clean energy transformation. For more information about the CC4CA visit their website at www.cc4ca.org. I-70 Coalition The I-70 Coalition is a non-profit organization representing 28 local governments and businesses along Colorado’s I-70 mountain corridor. The coalition’s mission is to enhance public accessibility and mobility in the I-70 Central Mountain Corridor and adjoining dependent counties and municipalities through the implementation of joint public and private transportation management efforts. The goals are to: a. Advocate for Improvements on the I-70 Mountain Corridor b. Active Involvement in Plans and Processes Affecting the I-70 Mountain Corridor c. Support Transportation Funding Initiatives d. Develop and Implement Travel Demand Management Strategies e. Information Sharing and Outreach AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 44 OF 70 For more information about the I-70 Coalition visit their website at www.i70solutions.org. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 45 OF 70 Northwest Colorado Council of Governments | NWCCOG Northwest Colorado Council of Governments (NWCCOG) is a voluntary association of county and municipal governments that, individually and collectively, believe working together on a regional basis provides benefits that could not be obtained alone. There is no universal model for regional councils of governments. There are 14 regional governmental associations within Colorado. All are unique because each reflects the needs and desires of its membership. NWCCOG literally becomes what its members want it to be, due to the changing needs and opportunities of the region. The Council, made up of representatives from each member jurisdiction, directs the activities of NWCCOG. The NWCCOG staff is responsible for carrying out the Council’s direction. The purpose of the Northwest Colorado Council of Governments is to be responsive to our members’ needs and interests by providing guidance and assistance in problem solving, information sharing and partnership building, advocating members’ interests and needs with local, state and federal entities, and providing quality services to our membership that are relevant, effective and efficient. For more information about NWCCOG visit their website at www.nwccog.org. Eagle County RegionalCORE Transit (Eagle Valley Transportation Authority | ECRTA ) Council of Governments | NWCCOG The Eagle County Regional TransitValley Transportation Authority (ECRTA)(“EVTA”) is an eighta seven member board comprised of elected officialsone member from incorporated towns who develop operating policy for the every participating jurisdiction in Eagle County Regional Transit.. EVTA board members are appointed by their jurisdiction's council members. The half-cent county sales tax is dedicated to funding regional transportation. ECRTAThe EVTA board meets quarterlymonthly to make recommendations to the Commissioners in an advisory capacity regardingdiscuss long- and short-term plans and strategies for the provision of regional mass transportation and trails in and around Eagle County. For more information about the ECTRAEVTA Advisory Board visit: their website at https://evta.colorado.gov/ https://www.eaglecounty.us/Transit/ECRTA_Advisory_Board. EGE Air Alliance AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 46 OF 70 Formed in 2002, the EGE Air Alliance is a 501(c)(6) non-profit public-private partnership that provides the funding to support a vibrant local flight service program that ensures that the Eagle County Regional Airport (EGE) remains a vital part of the Eagle County economy. The mission of the EGE Air Alliance is to work with airlines to maintain existing flights and secure new flights to and from the Eagle County Regional Airport. Air services are not guaranteed by any airline, and the EGE Air Alliance is the one organization that works directly with them to maintain and grow new flights and air routes into Eagle County. For more information about the EGE Air Alliance visit: www.egeairalliance.com/ Vail Valley Partnership | VVP Vail Valley Partnership, a 501(c)(6) nonprofit organization, has been engaged in the community from the early days of Vail, starting in 1964 as the Vail Resort Association. Vail Valley Partnership is the regional community development organization, dedicated to the economic vitality of the Vail Valley. We support local businesses. We unite key stakeholders. We lead collaborative efforts throughout the community. With a membership of 880+ organizations that spans the Vail Valley and beyond and which represents 80% of the local workforce, Vail Valley Partnership is dedicated to ensuring local business success and fostering regional economic vitality by offering local business tools & resources, promoting the Vail Valley to destination guests, and initiating economic development efforts. The Partnership’s efforts in the community include three distinct yet connected roles:  Regional Chamber of Commerce- We work to provide the valley’s businesses with networking, educational, and collaborative opportunities with the goal of strengthening our local business community and to advocate for our business community at a regional & state level.  Tourism Development- We work to promote the entire Vail Valley as a year-round destination to potential in-state, out-of-state and international visitors through VisitVailValley.com. We work to attract groups and meetings from all over the country to the Vail Valley.  Economic Growth & Advocacy- We work to ensure the Vail Valley’s economic health stays strong for years to come. We work to help existing Vail Valley businesses thrive and recruit new businesses that have the potential to support our local economy. For more information about VVP visit: www.vailvalleypartnership.com. Eagle River Coalition (Formerly known as Eagle River Watershed Council | ERWC) AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 47 OF 70 The Eagle River Watershed Council (“ERWC”)Coalition believes that our rivers and streams are the life-blood of our valley. Their preservation and restoration improve our economy, our culture, and our quality of life. The Watershed Council advocates for our rivers through educational programs, special events, restoration projects, monitoring, research, and community volunteer projects. For more information about ERWCEagle River Coalition visit: www.erwc.org. AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 48 OF 70 Urban Runoff Group | URG In 2010, with coordination of the Eagle River Water and Sanitation District and the Eagle River Watershed Council, an Urban Runoff Group (URG) was formed to address current non-point source issues in the Gore and Eagle drainages and work towards current inventory and assessment of all non-point source issues affecting the watershed. This stakeholder group is working to keep Gore Creek off of the 303(d) list, an action expected to be proposed based on the State Water Quality Control Commission (WQCC) recently adopted aquatic life assessment methodology. As proposed by the WQCC, Gore Creek could be placed on the State’s 303(d) list as a result of low aquatic life assessment scores for Gore Creek upstream of the Vail Wastewater Treatment Plant. Eagle River Water & Sanitation District | ERWSD and Upper Eagle River Water Authority | UERWA The Eagle River Water & Sanitation District ((“ERWSD)”) is a local government that provides efficient, reliable water and wastewater service to its customers from eastEast Vail to Wolcott. The District and including all of Avon. ERWSD directors are elected by qualified district voters within the district boundary; ERWSD’s website reports that it conducts its operations in an environmentally sound manner, ensuring regulatory requirements are met while also forging strong partnerships within the recreation and tourism-based community. The Eagle River Water & Sanitation DistrictERWSD provides water service within its district water service area which includes the Vail Water Subdistrict and properties of the Wolcott area that have included into the District boundary. Water sources include wells and a surface water treatment plant located in East Vail. The District provides full contract water operations and management (O&M) services to: The Upper Eagle Regional Water Authority (UERWA), which provides water to its six member entities, including:been included into ERWSD boundary. ERWSD provides, under contract, water operations and management (O&M) services to the Upper Eagle Regional Water Authority (“UERWA”). UERWA is a quasi-municipal corporation and political subdivision of the state of Colorado, formed by intergovernmental contract and organized pursuant to Colorado's Water Authority Act. It provides water service to its six Member Entities (the metropolitan districts of Arrowhead, Beaver Creek, Berry Creek, EagleVail, and Edwards, along with the Town of Avon) and to Bachelor Gulch and Cordillera. UERWA owns the public water system within this service area, which is operated and maintained by ERWSD through an Operations Agreement. The six member entities of UERWA are:  Town of Avon AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 49 OF 70  Arrowhead Metropolitan District  Beaver Creek Metropolitan District  Berry Creek Metropolitan District  EagleVailEagle-Vail Metropolitan District  Edwards Metropolitan District The Authority also provides service . UERWA is governed by a six-person appointed Board of Directors. Each member entity appoints a representative who serves at the pleasure of their board or council, including the Council. Board meetings of ERWSD and of UERWA are open to the Bachelor Gulch and Cordillera Metropolitan districts. For morepublic and include opportunities for public comment.More information about ERWSD visitand UERWA can be found at: www.erwsd.org. Eagle County Community Wildlife Roundtable The Eagle County Community Wildlife Roundtable is a collaborative partnership with the White River National Forest, Colorado Parks and Wildlife, Bureau of Land Management, local government entities, community members, and citizen scientists. The purpose of the Eagle County Community Wildlife Roundtable is to gather a group of diverse stakeholders in the valley to understand and address issues facing wildlife populations. Together we will identify a shared vision and realistic actions that the community can rally around to support wildlife. We want to leverage diverse values, creativity, and resources to move to positive action. SpeakUp ReachOut SpeakUp ReachOut is a group of individuals who are dedicated to providing suicide prevention, intervention and loss support services to those in need. Services offered include:  suicide prevention/awareness education  community connection events  suicide loss support services. They host quarterly public community meetings on behavioral health and suicide prevention. For more information about SpeakUp ReachOut visit: https://www.speakupreachout.org/ AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 50 OF 70 Eagle County Mental Health Advisory Board In 2018 the Eagle County Board of Commissioners appointed 10 members to its Mental Health Advisory Committee. The committee is tasked with prioritizing programs and services to be funded through county’s voter-approved Mental Health Fund, as well as other sources. Members of the committee represent health care and mental health care providers, law enforcement personnel, and community advocates across both the Eagle and Roaring Fork valleys. For more information, visit: www.eaglecounty.us/PublicHealth/News/County_names_mental_health_advisory_board_members/ AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 51 OF 70 Eagle Valley Behavioral Health Eagle Valley Behavioral Health is a nonprofit 501(c)(3) organization. It is governed by a Board of Directors comprised of community members and behavioral health leaders. The Eagle Valley Behavioral Health board of directors, administration and employees are committed to providing the critical change needed to ensure the vision for a robust, sustainable behavioral health system is realized. For more information about the board and advisory council visit: www.eaglevalleybh.org. https://www.vailhealthbh.org. Eagle County Emergency Responders Fund | ECERF Eagle County Emergency Responders Fund (ECERF) a 501(c) (3) non-profit organization was founded by a group of civilians and emergency responders committed to raising funds on behalf of all emergency responders in Eagle County, Colorado. For more information about ECERF visit: www.ecerf.org. EagleBend Affordable Housing Board EagleBend Apartments are owned and operated by the EagleBend Affordable Housing Corporation, a Colorado non-profit corporation. The formation of the Corporation was approved by the Town of Avon and the Corporation is being operated exclusively on behalf of and for the benefit of the Town. The management of the Corporation is accomplished through a Board of Directors (the "Board") which oversees administration, operations and maintenance of the Project. For more information visit: https://www.polarstarproperties.com/about/clients/eaglebend-affordable-housing- corporation EagleBend Dowd Affordable Housing Board (Kayak Crossing) Kayak Crossing Apartments are owned and operated by the EagleBend Dowd Affordable Housing Corporation, a Colorado non-profit corporation formed pursuant to the guidelines of revenue ruling 1963-20. The formation of the Corporation was approved by the Town of Avon and the Corporation is being operated AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 52 OF 70 exclusively on behalf of and for the benefit of the Town. The management of the Corporation is accomplished through a Board of Directors (the "Board") which oversees administration, operations and maintenance of the Project. For more information visit: http://www.polarstarproperties.com/about/clients/eaglebend-dowd-affordable- housing-corporation Buffalo Ridge Affordable Housing Board Buffalo Ridge Apartments are owned and operated by the Buffalo Ridge Affordable Housing Corporation, a Colorado non-profit corporation formed pursuant to the guidelines of revenue ruling 1963-20. The formation of the Corporation was approved by the Town of Avon and the Corporation is being operated exclusively on behalf of and for the benefit of the Town. The management of the Corporation is accomplished through a Board of Directors (the "Board") which oversees administration, operations and maintenance of the Project. For more information visit: http://www.polarstarproperties.com/about/clients/buffalo-ridge-affordable- housing-corpopration AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 53 OF 70 AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 54 OF 70 SECTION X: APPENDICES Appendices The following information items have been referenced in the previous sections and are suggested for your review: AVON TOWN COUNCIL HANDBOOK UPDATED: JANUARY 2021JUNE 2024 PAGE 55 OF 70  Appendix 1 – Town Organizational Chart  Appendix 2 – Avon Town Council Simplified Rules of Order  Appendix 3 – Remote Meeting Attendance Policy  Appendix 4 – Boards & Commissions  Appendix 5 – Resolutions establishing Avon Citizen Committees  Appendix 6 – CML Elected Official’s Starter Kit  Appendix 7 – Ethics, Liability and Best Practices Handbook for Elected Officials  Appendix 8 – Draft 2021 Budget  Appendix 9 – Climate Action Plan  Appendix 8 – 2024 Adopted Budget  Appendix 9 – Climate Action Plan  Appendix 10 – Comprehensive Plan  Appendix 11 – Housing Plan 303.376.8512 nina@wwfdlaw.com 303.376.8515 betsy@wwfdlaw.com TO: Honorable Mayor Amy Philips and Council members FROM: Town Attorney’s Office – Nina Williams and Betsy Stewart RE: Ordinance 24-08 Removal of Council Members DATE: July 17, 2024 SUMMARY: At the May 28, 2024 regular Avon Town Council Meeting the Town Attorney’s office conducted a Work Session regarding Council Rules of Procedures and Group Expectations. One of the topics that was addressed relates to the possibility of adopting an Ordinance regarding removal of Council Members. This type of Ordinance allows the Town to be prepared with a codified procedure in the unlikely event the need for such action arises. Council provided direction to the Town Attorney’s office to prepare a draft ordinance for Council consideration, which was reviewed on First Reading at the July 9, 2024 meeting. At the July 9th meeting, Council approved the ordinance on First Reading, with the following amendments: - Addition of “at a regular or special meeting” to the end of 2.05.030(a) - Change wording within 2.05.040(a) from “upon a vote of not less than five (5) members of Council” to “upon a concurring vote of 5 members of Council.” - Delete “in the same calendar year” within 2.05.040(c) - Delete subsection 2.05.040(d), which previously stated: “An individual removed from their seat on Council shall be precluded from serving on Council in the future.” - Delete subsection 2.05.050(b), which previously stated: “A Council member may not be removed a second time for the same offense.” These amendments to Ordinance 24-08 are incorporated in the version enclosed in Attachment A. PROPOSED MOTION: “I move to approve Second Reading of Ordinance 24-08, Enacting Chapter 2.05 of The Avon Municipal Code Regarding Removal of Council Members” Sincerely, _______________________ Nina P. Williams Town Attorney _______________________ Betsy L. Stewart Assistant Town Attorney ATTACHMENT A: Ordinance 24-08 Removal of Council Members ATTACHMENT B: Chart of Moral Tupitude Ord 24-08 - Enactment of Chapter 2.05 – Removal of Council Members ORDINANCE NO. 24-08 ENACTING CHAPTER 2.05 OF THE AVON MUNICIPAL CODE REGARDING REMOVAL OF COUNCIL MEMBERS WHEREAS, pursuant to C.R.S. §§31-15-103 and 31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, C.R.S. §31-4-307 establishes that officers of a statutory town may be removed by a majority vote of all members of the Board of Trustees for any reason after a written charge has been filed with the Board of Trustees and an opportunity to be heard has been provided to the officer to be removed; and WHEREAS, certain provisions of the Town’s Home Rule Charter (the “Charter”) or the Town’s Municipal Code (the “Code”) indicate that a Council member may be disqualified from office, but not all such provisions clearly articulate the process by which such Council members may removed from office; and WHEREAS, the neither the Charter nor the Code address the removal of Council members; and WHEREAS, pursuant to Section 4.9 of the Charter, members of Council are entrusted with the responsibility to carry out all the governing functions of the Town on behalf of the Avon community; and WHEREAS, Town Council members should be held to certain standards while holding office, including consistent attendance of meetings, abstaining from committing crimes of moral turpitude, and performance of the duties assigned to Town Council members; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. ATTACHMENT A Ord 24-08 - Enactment of Chapter 2.05 – Removal of Council Members Section 2. Addition of Chapter 2.05 to Title 2 of the Avon Municipal Code. Chapter 2.05, “Removal of Council Members” is added to Title 2, “Administration and Personnel,” of the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter 2.05 to Title 2 of the Avon Municipal Code, attached hereto. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Ord 24-08 - Enactment of Chapter 2.05 – Removal of Council Members Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on July 9, 2024 and setting such public hearing for July 23, 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on July 23, 2024. BY: ATTEST: ____________________________ ___________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney Ord 24-08 - Enactment of Chapter 2.05 – Removal of Council Members EXHIBIT A ADDITION OF CHAPTER 2.05 TO TITLE 2 OF THE AVON MUNICIPAL CODE CHAPTER 2.05 - REMOVAL OF COUNCIL MEMBERS Section 2.05.010 Definitions. Section 2.05.020 Cause for Removal. Section 2.05.030 Procedures. Section 2.05.040 Removal. Section 2.05.050 Vacancy. 2.05.010 Definitions. (a) “Conviction” shall mean: (1) A guilty verdict; (2) A plea of guilty accepted by the court or the entry of a guilty plea; (3) A plea of nolo contendere (no contest) accepted by the court; or (4) The imposition of a deferred sentence accepted by the court. (b) “Crimes of moral turpitude” include the following felony, misdemeanors or municipal offenses: (1) Any of the offenses against the person set forth in 18-3-101, et. seq. C.R.S.; (2) Any of the offenses against property set forth in 18-4-101, et. seq. C.R.S. (3) Any of the offenses involving fraud set forth in 18-5-101, et. seq. C.R.S.; (4) Any of the offenses involving the family relations set forth in 18-6-401, et. seq. C.R.S.; (5) Any of the offenses constituting wrongs to at-risk adults set forth in 18-6.5-101, et. seq. C.R.S.; (6) Any of the offenses relating to morals set forth in 18-7-101, et. seq. C.R.S.; or (7) Any conspiracy, solicitation, or criminal attempt to commit any of the above offenses, or participation as an accessory to any of the above offenses. 2.05.20 Cause for removal. (a) The following enumerated matters shall be the reasons for removal of a Council member from the Council: (1) Four (4) consecutive absences or six (6) total absences from Council meetings or work sessions held within a calendar year (January 1 through December 31); (2) Willful or habitual neglect or refusal to perform the duties of his or her office; (3) Attending Town Council meetings in an intoxicated state; (4) A conviction of a crime of moral turpitude; or (5) Forfeiture of, or disqualification from, office pursuant to Chapters 2.30, 2.32, or 2.34. Ord 24-08 - Enactment of Chapter 2.05 – Removal of Council Members 2.05.30 Procedure. (a) A charge for removal shall be brought against a Council member by at least four Council members at a regular or special meeting; (b) The charged Council member shall be provided written notice of the charge(s) and the date, time, and place of the hearing on said charge(s), with at least ten (10) days prior notice of the hearing, which shall be publicly held before Council; (c) Council shall appoint special counsel to conduct the hearing and present evidence on its behalf; (d) The hearing shall be conducted in a quasi-judicial forum. The allegations shall be presented on behalf of the Town of Avon by and through special counsel selected by the Town of Avon through its Town Council; and (e) At the hearing, which shall be open to the public, the parties shall have the right to: (1) Present testimony; (2) Produce evidence; (3) Cross-examine witnesses; and (4) Be represented by legal counsel. 2.05.040 Removal. (a) Council shall have the power to remove its members from office for cause upon a concurring vote of five (5) members of Council. (b) A Council member who is the subject of the removal charge(s) shall not vote on the question of removal. (c) A Council member who is not removed by Council after conducting a hearing shall not be subject to removal in a future hearing based on identical charges arising out of the same incident that forms the basis of the charge from which they were not removed. 2.05.050 Vacancy. (a) A vacancy created on Council due to removal of a Council member shall be filled as provided by Town Charter. ATTACHMENT B: Chart of Moral Turpitude Crimes of Moral Turpitude include the following felony, misdemeanor, or municipal offenses or any conspiracy, solicitation, or criminal attempt to commit any of the offenses below or participation as an accessory to the same Colorado Revised Statute Crimes Any of the offenses against the person set forth in 18-3-101, et. seq. C.R.S. • Homicide, Murder, Manslaughter • Assault • Menacing • Criminal Extortion • Reckless Endangerment • Kidnapping, False Imprisonment • Enticement of a Child, Internet Luring of a Child • Sexual Assault, Sexual Offenses against Children • Failure to Register as a Sex Offender • Human Trafficking and Slavery • Stalking • Offenses Against Pregnant Women Any of the offenses against property set forth in 18-4-101, et seq. C.R.S. • Arson • Burglary, Robbery, Theft • Chop Shop Activity • Criminal Mischief Against Property • Criminal Trespass, Criminal Tampering • Defacement and Destruction, Littering • Abandonment of a Motor Vehicle • Criminal Use of a Noxious Substance • Criminal Operation of Device in Motion Picture Theater • Theft, Unlawful Sale, and Use of Sound Recordings • Theft of Cable Services Colorado Revised Statute Crimes Any of the offenses involving fraud set forth in 18-5-101, et seq. C.R.S. • Forgery, Counterfeiting, Money Laundering • Criminal Impersonation • Inducing Consumption of Controlled Substances by Fraudulent Means • Fraud, Fraudulent and Deceptive Sales and Business Practices • Bait Advertising • Commercial Bribery, Sports Bribery • Rigging Publicly Exhibited Contests • Issuance of Bad Checks • Financial Transaction Device Crimes • Equity Skimming • Identity Theft • Cybercrime Any of the offenses involving family relations set forth in 18-6-401, et seq. C.R.S. • Bigamy, Incest • Child Abuse, Sexual Exploitation of a Child • Harboring a Minor, Contributing to Delinquency of a Minor • Domestic Violence, Violation of Protection Order Any of the offenses constituting wrong doings to at-risk adults set forth in 18-6.5-101, et seq. C.R.S. • Wrongs to At-Risk Adults Any of the offenses relating to morals set forth in 18-7-101, et seq. C.R.S. • Obscenity • Posting a Private Image for Harassment or Pecuniary Gain • Prostitution, Patronizing a Prostitute, Pimping • Public Indecency, Indecent Exposure • Sexually Explicit Materials Harmful to Children • Dispensing Violent Films to Minors • Sexual Conduct in a Correctional Institution • Criminal Invasion of Privacy • Unlawful Distribution of a Suicide Recording CASE COMMITTEE MEETING MINUTES THURSDAY, JUNE 20TH, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 20 JUNE 2024 PAGE 1 | 6 1. ROLL CALL Present: Committee Chair Justin Chesney, Committee Members Kerri Thelen, Thomas Walsh, and Lisa Mattis, Town Council Member Ruth Stanley Staff: Culture, Arts & Special Events Manager Danita Dempsey, Special Events Coordinator Chelsea Van Winkle, Special Events Coordinator Mike Pasquarella Absent: Town Council Member Lindsay Hardy, Committee Members Pedro Campos, Danielle McNair, Calyn Rieger The meeting was called to order at 12:30 p.m. Lisa Mattis attended the meeting at 1:14 p.m. 2. PUBLIC COMMENT No public comments were made. 3. MINUTES Committee Member Walsh motioned to approve the minutes from April 18, 2024. Committee member Thelen seconded the motion and it passed unanimously. 4. STAFF UPDATE CASE Manager Dempsey gave an update that we are in full swing in events season, we have new CASE Committee members, and this would be a good opportunity to refresh the group on policies and procedures at events which are included in the committee packet (available at Avon.org). Dog Policy at Special Events CASE Manager Dempsey then gave an update on executing the dog policy at events and mentioned it was implemented at the AvonLIVE! on 6.19.2024. Adjustments made include removal of “no dogs/pets” signage and expanded the dog friendly area within the event footprint. The Committee commented/inquired: A. Are dogs not allowed in the park? B. Are we changing these ordinances today? Are these being brought before the council? C. Is this language going into the ordinance? D. We should be clear about how dogs are not permitted at Salute to the USA. E. I think there is a lot of space for dogs at the event. F. What happens in specific situations with patrons with disabilities/service animals? G. What are we doing when we find dogs outside of the allotted area? H. Are there leash signs? CASE COMMITTEE MEETING MINUTES THURSDAY, JUNE 20TH, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 20 JUNE 2024 PAGE 2 | 6 CASE Manager Dempsey replied that dogs are allowed in the park, but at events the municipal code restricts pets. CASE Manager Dempsey went through the specific language surrounding dogs at culinary events, fireworks, or other events where deemed “safe” to allow dogs. CASE Manager Dempsey replied that General Govt intern Arnell Wade is working on revisions to the ordinance restricting dogs in special event areas. CASE Manager Dempsey replied that she does not exactly know what the ordinance will include but will update CASE Committee members when the ordinance is on the Council agenda. CASE Manager Dempsey replied that dogs are not allowed at Salute and security is aware of the restrictions. Special Event Coordinator Van Winkle replied that she has some social posts scheduled and will be sure to include dogs in the prohibited items list. CASE Manager Dempsey replied that yes, while there is ample space for dogs, we also need to make ample space for those who may not like being around dogs, have allergies, or have a fear of dogs. CASE Manager Dempsey also mentioned that de-escalation of upset patrons is a tough task, especially with dogs. Service animals pose an even further challenge. She went over the two questions that we can ask those patrons about their service animals. CASE Manager Dempsey noted that we would let patrons with service dogs know of the dog friendly area and ask them to enjoy the event from there with their dog. She also mentioned that she inquired with the Town Attorney about restricting service dogs to dog friendly areas. CASE Manager Dempsey replied that yes, the “well behaved, leashed” language is included in the dog friendly area signage. Optional Premises Liquor License CASE Manager Dempsey then gave an update on the Optional Premises License that the Town of Avon applied for through the State of Colorado was awarded in 2021. CASE Manager Dempsey outlined the requirements associated with an Optional Premises License. CASE Manager Dempsey mentioned that we will not need to reapply until 2026. The Committee commented/inquired: A. Where is the area that we notice people passing alcohol to people inside the venue at AvonLIVE!? B. I like to purchase one open drink from the bar, and two closed ones to leave in my cooler. Why can’t I do that? CASE Manager Dempsey replied that the area near the sport court/workout area is where we see passing of alcohol the most. CASE Manager Dempsey also noted that Committee members as ambassadors should be familiar and aware of their own surroundings at these events to ensure that we as event producers are upholding our requirements for the Optional Premises License. CASE Manager Dempsey replied that there are a variety of reasons why we cannot sell patrons sealed alcoholic beverages for consumption later, but primarily we need to ensure the sealed alcoholic beverage does not leave the venue. CASE COMMITTEE MEETING MINUTES THURSDAY, JUNE 20TH, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 20 JUNE 2024 PAGE 3 | 6 Ambassador Responsibilities Description CASE Manager Dempsey then opened the discussion on CASE Committee Brand Ambassador responsibilities and reviewed what the CASE Committee developed in April of 2020. CASE Manager Dempsey asked committee members to offer thoughts of additions/subtractions to these responsibilities. The Committee commented/inquired: A. I think it is straightforward. B. I have no additions/subtractions. C. I believe it is a sufficient description. D. “Bring the CASE Committee Vision, Culture and Values” – big statement but what exactly does it include? CASE Manager Dempsey replied that we will outline what the Vision, Culture, and Values using the unofficial strategic plan which the Committee started but is on hold for now. CCI Summit Summary CASE Manager Dempsey then gave an update CCI Summary that was presented to council. The Committee commented/inquired: A. No comment CASE Manager Dempsey Town Clean Up & Sustainability Fair CASE Manager Dempsey then gave an update on the event and the savings that came from the event due to waste recycling. The budget for this event comes out of the bag fund, not the special events budget. Special Event Coordinator Van Winkle gives updates on how the event went, what vendors attended, the waste that was recycled, and the sponsors of the event. These post event details can be found in the CASE Packet report available on avon.org. The Committee commented/inquired: A. What is the bag fund? B. Does Vail do something similar or are we the only town that does this? C. Do we look at their ID to confirm they live here? CASE Manager Dempsey replied that those monies come from local retailers/restaurants/businesses when they sell single use bags to patrons for use in their store/business. Special Event Coordinator Van Winkle says that there are other towns who do this, but we offer specific electronic waste services. Special Event Coordinator Van Winkle confirms that we do check IDs for assurance that event attendees are from the area. Current Activity & Planning CASE COMMITTEE MEETING MINUTES THURSDAY, JUNE 20TH, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 20 JUNE 2024 PAGE 4 | 6 Salute to the USA Painted Benches Program Avon Elementary School Mural Project CASE Committee Upcoming Travel CASE Manager Dempsey then gave an update on Salute to the USA, and Melissa Etheridge. CASE Manager Dempsey notes that Melissa is one of the largest artists we have had for this event. CASE Manager Dempsey notes that there will be restrictions unlike what we have seen backstage at these events. Backstage at the Terrace will be completely off limits to everyone unless approved by the Tour Manager. CASE Manager Dempsey mentioned the art activations that will be featured at Salute to the USA. CASE Manager Dempsey mentioned that the Painted Benches Project is underway and that the project will hopefully be completed on time. Special Events Coordinator Pasquarella gives update on timeline and bench locations to be changed. CASE Manager Dempsey updates the committee on the Avon Elementary School Mural Project and that the artist and design concept has been selected. The artist let us know early this morning that they will begin the project on July 8th. The Committee commented/inquired: A. What’s Frosted Flamingo? B. Do you know if we will have our sign in place before the Salute event? C. Are we going with this design with some minor tweaks to the mural design? Special Event Coordinator Van Winkle spoke about how Frosted Flamingo is a mobile craft/art truck that will have activations for kids and others at Salute. Special Event Coordinator Van Winkle commented that Pat Milbery’s “Heart of the Valley” activation will be painted live during the event and will remain in that location for Avon visitors and community members to enjoy. CASE Manager Dempsey mentioned that she is not sure but did stop by the manufacturer to approve the materials used. It is in production, but she is unsure it will be completed in time because of the custom orientation of the word “AVON.” CASE Manager Dempsey replied that this design felt the least busy, and the artist agreed, and this is what we have decided to move forward with. 5. CLOSING COMMENTS There were a few comments regarding the state of 2024 CASE Budget, and that 2025 proposed budgets will be flat. Committee member Lisa Mattis said similar trends are seen in multiple business sectors. The motto is “survive ‘til 2025.” Case Manager Dempsey asked if others were seeing similar trends. Committee Chair Justin Chesney mentioned that they are in a similar situation in the lodging/hospitality industry. Seeing a lot of last-minute bookings. The catering sales team has been fielding catering requests and offering them at the lowest rates possible so that they have occupancy and so that there are events on the books. He mentions that the wedding planners that they work with have seen a 20% decrease in their own business across the board. He said this is due to the post-covid CASE COMMITTEE MEETING MINUTES THURSDAY, JUNE 20TH, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 20 JUNE 2024 PAGE 5 | 6 “wedding rush” and that they have no weddings booked for the entire month of July. He mentions that this year has been especially different than years past. He mentioned that transient travel across the United States is down, and that if people are traveling, they are going abroad because the dollar is worth more in other countries than it is here. Committee Member Lisa Mattis noted that she is hearing that the visitors from Texas are already here visiting, which is odd considering they do not normally see Texans until the week of the 4th of July. CASE Manager Dempsey notes that BEST OF THE WEST will likely be pushed to 2026 or 2027 considering these budgetary trends and financial forecasting. Heart and Soul will also likely not be addressed in 2025. CASE Manager Dempsey said that she does not plan to propose increases to the budget. She said there might be a few items that need to be addressed that are critical to CASE success. Event infrastructure costs continue to rise (security, portable restroom facilities, etc.) Infrastructure costs will be adjusted in the budget, but things like “better talent at AvonLIVE! or Salute to the USA” and associated costs will likely not be adjusted. CASE Manager Dempsey mentioned that we issued two RFP’s for AvonLIVE! production management and talent acquisition with a proposal due date of July 15th. CASE Manager Dempsey announced that she will issue a ticketed music festival RFP (Request for Proposal) in the next 30- 45 days. The Committee commented/inquired: A. Who runs the block party in Eagle? B. CASE Manager Dempsey replied that it is a company called Optimum Events. She said they did not apply to the Town of Eagle for funding this year. Is that event something we could take over? C. CASE Manager Dempsey replied that unofficially we have had loose conversations and there does not appear to be interest. The Down Valley Vibes Festival ticketed event is produced by Second Street Tavern, formerly Bonfire Brewing and set to take place on August 23 and 24 on 2nd street. D. Are you in a position to recommend not moving forward with the Heart and Soul or Best of the West considering the budget restrictions you mentioned earlier? - CASE Manager Dempsey replied that due to where we are with 2025 proposed budgets it may not be best to recommend moving forward with those events in 2025. - Committee members wanted to ask that same question differently – would you get behind actively recommending not moving forward with those events? - CASE Manager Dempsey replied that she does not think she is there yet and looks to Town Manager Heil to decide/guide. Her own opinion is that it would be tough to get approval. E. Is that disappointing to you? - CASE Manager Dempsey replied that it is disappointing. It is something we have been trying to launch for almost five years, but also mentions that she understands budget constraints and timing – there are other things that are important as well (housing, infrastructure, policing, etc.) and notes that what CASE provides is also important. F. We need another Salute, or another signature event here in Avon. G. Since we lost Winter Wondergrass we need to bring something like that back to Avon. - CASE Manager Dempsey mentioned that the RFP she plans to release for a ticketed music festival event is being proposed as a partnership with the Town. This allows the Town to assume a portion of the risk of producing an CASE COMMITTEE MEETING MINUTES THURSDAY, JUNE 20TH, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 20 JUNE 2024 PAGE 6 | 6 event of that (“Winter Wondergrass”) size. Timing is also another factor and as we have heard from the community something in September would be ideal artist touring through this area that could sell 10,000 tickets are in the height of summer. H. How do we stay competitive with our peer communities, and how do we attract ourselves even more to visitors? - Several committee members mentioned that we need to diversify our larger events, attract demographics that otherwise may not visit Avon, and bolster winter programming. I. When would be the timing of this additional signature event? - Special Events Coordinator Pasquarella mentioned that it may make the most sense to pair the potential signature event with Salute to the USA because of the financial undertaking, event asset use, and overall risk level. J. What would you say Vail’s signature events are? - Several Committee members mentioned Bravo!, Vail Dance, and the GoPro games. K. Athletic events may be an area of opportunity. We used to have a lot of athletic programming, and those event producers did not continue those events due to loss of money at those events. - CASE Manager Dempsey noted that music has gone up and participatory athletic events have gone down. L. I (Committee member Thelen) want to mention that youth sports bring in so many opportunities for economic growth. M. CASE Manager Dempsey noted that our budgets will not directly compete with Vail or Beaver Creek, which is appropriate, as we are community focused, as opposed to tourism focused. Knowing that the tourism-focused events are missing from our portfolio. N. I walked away from the CCI Summit thinking to myself that we already do so much in comparison to others. 6. ADJOURNMENT The meeting was adjourned at 1:57 p.m. Respectfully submitted by: Mike Pasquarella Special Events Coordinator _______________________________________________________________________________ AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT MONDAY, JULY 8, 2024 MEETING BEGINS AT 5:30PM 100 MIKAELA WAY – AVON COUNCIL CHAMBERS 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) MEETING COMMENCED AT 5:33PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON, OLIVIA COOK, KEVIN HYATT, AND BRIAN SIPES WERE PRESENT. ALSO PRESENT WERE TOWN ATTORNEY, NINA WILLIAMS, COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, DEVELOPMENT COORDINATOR, EMILY BLOCK. COMMISSIONERS NICOLE MURAD, ANTHONY SEKINGER AND BILL GLANER WERE NOT IN ATTENDANCE. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER SIPES MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA THERE WAS NO PUBLIC COMMENT. 5. EAGLE RIVER WATER SANITATION DISTRICT WASTEWATER TREATMENT FACILITY OPEN HOUSE TIM DRESCHER AND JIM SCHNEIDER FROM THE EAGLE RIVER WATER SANITATION DISTRICT INVITED MEMBERS OF THE PLANNING AND ZONING COMMISSION TO AN OPEN HOUSE OF THEIR NEW WASTEWATER TREATMENT FACILITY JULY 24, 2024 AT 10:00AM. 6. PUBLIC HEARINGS 6.1. REZ24001 EAST AVON REZONING – JENA SKINNER, AICP, PLANNING MANAGER ACTION: COMMISSIONER SIPES MADE A MOTION TO APPROVE THE APPLICATION FOR REZ24001 AS PRESENTED IN THE STAFF REPORT. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY. 7. CONSENT AGENDA 7.1. JUNE 10, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES 7.2. RECORD OF DECISION – AEC24002 2332 FOX LANE - MAX MORGAN, PLANNER II 7.3. RECORD OF DECISION – MJR24003 2332 FOX LANE - MAX MORGAN, PLANNER II 7.4. RECORD OF DECISION – PUD24001 DUPLEX LOT SPLIT 4644 NORTH POINT – MAX MORGAN, PLANNER II 7.5. RECORD OF DECISION – MJR24002 / AEC24001 4644 NORTH POINT – MAX MORGAN, PLANNER II _______________________________________________________________________________ ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0. 8. FUTURE MEETINGS 8.1. JULY 22, 2024 8.1.1. NO KH (?) 8.2. AUGUST 12, 2024 (MONDAY – WITH PZC TRAINING) 9. STAFF UPDATES 10. ADJOURN ACTION: COMMISSIONER SIPES ADJOURNED THE MEETING AT 6:15PM. THESE MEETING 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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, EMILY BLOCK FINANCE COMMITTEE MEETING MONDAY, JULY 15, 2024 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, July 15, 2024 1 | 2 1. ROLL CALL Present in Person: Committee members Craig Ferraro and Lisa Post and Councilors Rich Carroll and Tamra Underwood. Present Virtually: Courtney Sievers with Magellan Strategies and Town of Avon Marketing & Communications Manager Elizabeth Wood. Absent: Committee Members Clark Rogers, John Widerman, Markian Fedeschuk and Steve Coyer. Staff: Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Financial Officer Paul Redmond and Chief Administrative Officer Ineke de Jong, as Secretary. The meeting was called to order at 5:13 p.m. Town Manager Eric Heil expressed we don’t have a quorum for the finance committee meeting but no decisions will be made this evening as all items are work sessions for informational purposes. 2. APPROVAL OF MAY 20TH, 2024 MINUTES The minutes did not get approved as there was no quorum for a meeting. 3. PUBLIC COMMENT There was no public comment. 4. USE TAX VOTER P OLLING UPDATE (CHIEF FINANCIAL OFFICER PAUL REDMOND) Chief Financial Officer Paul Redmond introduced Courtney Sievers with Magellan Strategies who delivered her presentation on the results of the Use Tax voter polling survey performed in June 2024 by Magellan Strategies. She answered questions from the committee members, councilors and staff. As this was a work session, no action was taken. 5. GENERAL UPDATE ON 2024 FINANCIALS (CHIEF FINANCIAL OFFICER PAUL REDMOND) Chief Financial Officer Paul Redmond delivered his presentation on the financial results through end of April 2024. As this was a work session, no action was taken. 6. VILLAGE (AT AVON) (CHIEF FINANCIAL OFFICER PAUL REDMOND AND TOWN MANAGER ERIC HEIL) Chief Financial Officer Paul Redmond and Town Manager Eric Heil delivered the slides on the Village at Avon financials. As this was a work session, no action was taken. 7. FISCAL PEER COMMUNITY COMPARISON STUDY (CHIEF FINANCIAL OFFICER PAUL REDMOND) Chief Financial Officer Paul Redmond delivered his slides on the Fiscal Peer Community Comparison Study. He explained the last study was completed in 2022 and the Town is looking to create an updated report in 2025. As this was a work session, no motion was made. 8. NEXT COMMITTEE MEETING DATE During it’s last meeting, the Finance Committee Members agreed to meet bi-monthly on the 3rd Monday of the month. The next meeting is Monday September 16, 2024 at 5:00 p.m. (or earlier) at the Mount Holy Cross meeting room at Avon Town Hall. The agenda will include consideration for a resolution to support a use tax ballot question. There would be a review of the RFP for the 2025 fiscal peer community comparison study and a few other items. The 2 members present expressed they are flexible with the meeting time on September 16 and asked staff to check with the other 4 members on FINANCE COMMITTEE MEETING MONDAY, JULY 15, 2024 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, July 15, 2024 2 | 2 their preferred meeting time for that day and future meetings. The 3rd Monday in November conflicts with the Planning & Zoning Commission due to a schedule adjustment for the Thanksgiving holiday in the 4th week. The 2 members present suggested we can skip the November meeting (& reconvene in January) as the finance team and Town staff will be very busy with the 2025 proposed budget process and in general it’s a busy time of year for everyone. Staff said there would be a committee appreciation dinner for all Avon boards, committees & the planning & zoning commission on Tuesday December 17. A save the date will follow. 9. ADJOURNMENT The meeting adjourned, the time was 7:37 p.m. Respectfully Submitted by: Ineke de Jong, Chief Administrative Officer. These minutes are action minutes and 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. 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – June & May 2024 data DATE: July 11th, 2024 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for May 2024 and the recreation fees and real estate transfer tax revenues for June 2024. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for May revenues in 2024 and June 2024. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – May 2024: May sales tax revenues totaled $682,337.13. This is an increase of $56,530 or 9.03% compared to May 2023 sales tax revenue of $625,806. MAY 2023 v MAY 2024 SALES TAX COMPARISON BY INDUSTRY May 2023 May 2024 Increase/Decrease Home/Garden $67,854.40 $70,984.12 $3,129.72 Grocery/Specialty/Health $145,048.32 $147,858.33 $2,810.01 Sporting Goods Retail/Rental $25,358.57 $26,033.80 $675.23 Miscellaneous Retail $25,362.83 $27,791.17 $2,428.34 Accommodations $63,155.52 $79,549.85 $16,394.33 Restaurants/Bars $108,785.46 $141,076.83 $32,291.37 Other $11,642.69 $7,281.77 ($4,360.92) Service Related $19,264.09 $21,561.50 $2,297.41 Liquor Stores $39,943.36 $14,683.87 ($25,259.49) E-Commerce Retail $52,877.77 $64,778.06 $11,900.29 Manufacturing/Wholesale $15,059.54 $8,686.99 ($6,372.55) Construction Related Services $43,844.48 $50,840.32 $6,995.84 Digital Media Suppliers/Sellers $6,797.15 $20,175.43 $13,378.28 Commercial/Industrial Equipment $812.15 $675.09 ($137.06) Special Events $0.00 $360.00 $360.00 TOTAL $625,806.33 $682,337.13 $56,530.80 Page 2 of 11 Sales Tax: May 2024 Budget v Actual Collections: May 2024 sales tax revenues totaled $682,337. This is a decrease of $5,544 over the May 2024 estimates of $687,881. This is 0.81% below the adopted 2024 budget (based on a 3-year average). MAY 2024 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance May $687,881.49 $682,337.13 ($5,544.36) (0.81%) 424,189.45 567,768.59 647,245.51 625,806.33 $682,337.13 33.85% 14.00% -3.31% 9.03% $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 $800,000 2020 2021 2022 2023 2024 2020-2024 May Sales Tax Revenue Trend Page 3 of 11 Accommodation Tax: Revenues – May 2024: Accommodation tax revenues totaled $75,041 for the month of May. This is an increase of $7,808 or 11.61% compared to May 2023 accommodation tax revenues, which totaled $67,232. Accommodation tax collections by industry type for May 2024 compared to May 2023 reported a decrease for Hotels, Timeshares, and Vacation Rentals. MAY 2023 v MAY 2024 ACCOMMODATION TAX COMPARISON BY INDUSTRY May 2023 May 2024 Increase/(Decrease) Timeshares $13,36.41 $14,431.01 $1,065.60 Hotels $27,024.75 $30,687.23 $3,662.48 Vacation Rentals $26,842.79 $29,923.13 $3,080.34 TOTAL $67,232.95 $75,041.37 $7,808.42 May 2024 Budget v Actual Collections: May 2024 accommodation tax revenues totaled $75,041. This is a decrease of $7,830 over the May 2024 estimates of $82,871. This is 9.45% below the adopted 2024 budget (based on a 3-year average). MAY 2024 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance May $82,871.48 $75,041.37 ($7,830.11) (9.45%) 13,290 83,829 76,495 67,233 75,041 530.79% -8.75% -12.11% 11.61% $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 2020 2021 2022 2023 2024 2020-2024 May Accommodation Tax Revenue Trend Page 4 of 11 Short Term Rental Tax for CH: Revenues – May 2024: STR Tax for Community Housing totaled $32,402 for the month of May. This is an increase of $4,583 or 16.48% compared to May 2023. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. MAY 2023 v MAY 2024 STR TAX FOR CH COMPARISON BY INDUSTRY May 2023 May 2024 Increase/(Decrease) Timeshares $6,682.71 $7,215.49 $532.78 Hotels $8,672.20 $11,046.76 $2,374.56 Vacation Rentals $12,464.06 $14,140.00 $1,675.94 TOTAL $27,818.97 $32,402.25 $4,583.28 Tobacco & Cigarette Tax: Revenues – May 2024: Tobacco tax revenues totaled $19,783 and cigarette tax revenues totaled $18,465 for May 2024. Compared to May 2023 revenues, this is a decrease of $6,578 for tobacco tax revenues, which totaled $26,362 and a decrease of $441 for cigarette tax revenues, which totaled $18,906. 14,952 18,775 24,274 26,362 19,784 25.57% 29.29% 8.60% -24.95% - 5,000 10,000 15,000 20,000 25,000 30,000 2020 2021 2022 2023 2024 2020-2024 May Tobacco Tax Revenue Trend Page 5 of 11 May 2024 Adopted Budget v Actual Collections: May 2024 tobacco and cigarette tax revenues totaled $19,783 and $18,465, respectively. This is a decrease of $4,602, over the May 2024 budget for tobacco tax, which is $24,386 and a decrease of $407 over the May 2024 budget for cigarette tax estimates, which is $18,872 which is based on a 3-year average. MAY 2024 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Tobacco $24,3876.16 $19,783.87 ($4,602.29) (18.87%) Cigarettes $18,872.80 $18,465.00 ($407.80) (2.16%) Total ($5,010.09) 23,781 19,734 20,034 18,906 18,465 -17.02% 1.52% -5.63%-2.33% - 5,000 10,000 15,000 20,000 25,000 2020 2021 2022 2023 2024 2020-2024 May Cigarette Excise Tax Revenue Trend Page 6 of 11 Real Estate Transfer Tax: Revenues – June 2024: June 2024 real estate transfer tax totaled $293,595. Compared to June 2023, which totaled $532,712, this is a decrease of $239,117. This is a decrease of $391,349 over the June 2024 budget which was based on a 3-year average. JUNE 2024 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $684,944.32 $293,595.25 ($391,349.07) (57.14%) $222,169 $560,858 $417,855 $532,712 $293,595 152.45% -25.50% 27.49% -44.89% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2020 2021 2022 2023 2024 Real Estate Transfer Tax June Revenue Trends Page 7 of 11 Recreation Center Fees: Revenues – June 2024 Admissions & Program Fees: Recreation admission revenues for June 2024 totaled $102,073 is a decrease of $7,377 compared to June 2023 which totaled $109,451. This is $3,951 above the adopted 2024 budget estimates of $98,121. Recreation program fee revenues for June 2024 totaled $41,098. This is an increase of $4,903 compared to 2023, which totaled $36,194 This is $7,461 above the adopted 2024 budget estimates, which is $33,636 which is calculated based on a 3-year average. 12,372 71,229 96,969 109,452 102,074 475.72% 36.14% 12.87% -6.74% - 20,000 40,000 60,000 80,000 100,000 120,000 2020 2021 2022 2023 2024 Recreation Admissions June Revenue Trends $36,744 $31,057 $29,899 $36,195 $41,098 -15.48% -3.73% 21.06% 13.55% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 2020 2021 2022 2023 2024 Recreation Program Fees June Revenue Trends Page 8 of 11 Tax Revenue Comparison – 2023 v 2024: All taxes except sales tax and Rec program fees are down for 2024 compared to 2023. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2023 v Actual 2024: Sales Tax, Accommodations Tax, STR for CH, and Tobacco Tax reflect an unfavorable variance over the 2024 budget. Total revenue for the YTD is reflecting an unfavorable variance to the 2024 budget. Below is a table which reflects the dollar change and percentage variance. 2023 v 2024 YTD Revenue Comparison 2023 2024 Dollar Variance Percentage Variance Sales Tax $5,488,095.44 $5,528,782.17 $40,686.73 0.74% Acc. Tax $1,246,567.32 $1,102,697.68 ($143,869.64) (11.54%) STR Tax for CH $565,034.07 $506,200.85 ($58,833.22) (10.41%) Tobacco Tax $148,427.86 $137,305.18 ($11,122.68) (7.49%) Cigarette Tax $96,607.50 $95,982.00 ($625.50) (0.65%) Rec Admissions $588,424.31 $587,203.40 ($1,220.91) (0.21%) Rec Program Fees $210,452.31 $222,494.64 $12,042.33 5.72% TOTAL $8,343,608.81 $8,180.665.92 ($162,942.89) (1.95%) 2024 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $5,596,852.76 $5,528,782.17 ($68,070.59) (1.22%) Acc. Tax $1,186,477.95 $1,102,697.68 ($83,780.27) (7.06%) STR Tax for CH $556,462.88 $506,200.85 ($50,262.03) (9.03%) Tobacco Tax $143,826.78 $137,305.18 ($6,521.60) (4.53%) Cigarette Tax $94,287.46 $95,982.00 $1,694.54 1.80% Rec Admissions $467,865.86 $587,203.40 $119,337.54 25.51% Rec Program Fees $166,914.13 $222,494.64 $55,580.51 33.30% TOTAL $8,212,687.82 $8,180,665.92 ($32,021.90) (0.39%) Page 9 of 11 Real Estate Transfer Tax: Revenues YTD 2024 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $3,645,515.52 $3,803,645.39 $158,129.87 4.34% 2023 Actual 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $2,239,279.83 $3,803,645.39 $1,564,365.56 69.86% New and Renewed Business and STR Licenses – 2023 v 2024: The total number of 2024 business licenses issued through June was 539. This was down 42 licenses or 7.2% for the year to date. The total number of STR licenses issued through June was 102. Compared to June 2023 the STR licenses were down 17 licenses or 14.3%. 2024 v 2023 – Business and STR Licenses Period 1/1 – 6/31 2024 2023 License Variance Percentage Variance Business License - Vendor 386 422 (36) (8.5%) Business License – Fixed Location 96 100 (4) (4.0%) Business License – Home Occupation 34 34 0 0.0% Business License – Special Event 23 25 (2) (8.0%) TOTAL BUSINESS LICENSES 539 581 (42) (7.2%) STR License 102 119 (17) (14.3%) Page 10 of 11 - 50.00 100.00 150.00 200.00 250.00 300.00 350.00 400.00 450.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued 1/1 -6/30 2022 2023 2024 0 20 40 60 80 100 120 140 STR License STR Licenses Issued 1/1 -6/30 2022 2023 2024 Page 11 of 11 EXPENDITURES: JUNE 2024 General Fund YTD Actuals v 2024 Budget: General Fund expenditures through June 2024 total $10,703,456 which is 40.67% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2024 Budget: Mobility Fund expenditures through June 2024 total $1,294,686 which is 35.97% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, utilities, and bike share program. Fleet Maintenance YTD Actuals v 2024 Budget: Fleet Maintenance expenditures through June 2024 total $1,128,524 which is 51.76% of the total adopted budget. These expenditures include wages, health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2024 Budget: The Capital Improvement expenditures through June 2024 total $1,524,003 which is 15.59% of the total adopted budget. These expenditures were made up of primarily West BC Blvd. street improvements project. Thank you, Dean 970-748-4106 csimmons@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Chase Simmons, Financial Analyst RE: 2nd Quarter RETT Sales and Exemption Report DATE: July 23rd, 2024 SUMMARY: The 2nd quarter of 2024 generated moderately lower RETT revenues compared to prior years. Three primary exemptions were applied for and approved in the 2nd quarter of 2024. BACKGROUND: Prior to 2020, section 17 and 18 were the only primary residence exemptions available to buyers in Avon. On November 12th, 2019, Council adopted Ordinance 19-05 which provides a 3rd primary residence RETT exemption. Under this new exemption, purchasers may apply for an exemption up to $240,000 of consideration paid, or up to $4,800 in RETT Relief. There are new conditions which must be met to qualify for section 19, which are shown in Attachment A, SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS. These numbers will be updated for Q3 with the passing of Ordinance 24-11. ANALYSIS: RETT Exemptions Granted 2022 – 2024 In 2024, three primary residence exemptions were granted in the 2nd quarter. This is one more exemption granted than in the 2nd quarter of 2023 and 8 fewer exemptions granted than in the 2nd quarter of 2022. In the 2nd quarter of 2024, $9,600 was granted in RETT Relief. This is $3,200 more than 2023 and $27,200 less than 2022. RETT Exemptions Granted 2nd Quarter Trend Type Of Exemption 2022 2023 2024 Section (17) 10 2 3 Section (18) 0 0 0 Section (19) 1 0 0 Total 11 2 3 Page 2 of 3 2nd Quarter Primary Residence Exemptions Granted Month Avon Neighborhood Purchase Price of Property Exemption Section Amount Exempt April Town Core $660,000 17 $3,200 May West Avon $1,084,050 17 $3,200 May East Avon $498,000 17 $3,200 Total 3 $9,600 2ndt Quarter Activity Actual RETT revenue for the 2nd quarter of 2024 totaled $1,490,271. This correlates to a total of $63.7m in property sales. Total RETT Activity - 2nd Quarter 2024 April May June Total RETT Revenue $714,231 $256,119 $293,595 Total Exemptions $3,200 $6,400 $0 Total RETT $717,431 $262,519 $293,595 Total Sales $35,871,550 $13,125,950 $14,679,750 36,800 6,400 9,600 -475.00% 33.33% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 2022 2023 2024 2nd Quarter RETT Relief Granted Page 3 of 3 3-Year Average RETT Activity Based on a 3-year average, April reflects a 40% positive variance while May and June are down 55% and 29%, respectively. May’s significant negative variance to average can largely be attributed to a $20m sale in 2022. 3-Year Average RETT Revenue Trend 2022-2024 April May June Total RETT Revenue $508,780 $566,770 $414,721 Total Exemptions $5,867 $4,267 $7,467 Total RETT $514,647 $571,037 $422,188 Total Sales $25,732,350 $28,551,850 $21,109,400 % Variance 40.38% -54.81% -29.21% RECOMMENDATION: This is submitted as a written report; therefore, I have no recommendations for Council. Thank you, Chase Simmons ATTACHMENT A: SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS Exemptions Section (17) Section (18) Section (19) Amount $160,000 $160,000 $240,000 Home Value Cap None None $700,000 Eagle County Employee N/A Yes Yes Affidavit of Primary Residence Yes Yes Yes Promissory Note 1 year 1 year 3 years Lien Yes Yes Yes 970.748.4091 pliermann@avon.org TO: Honorable Mayor Phillips and Council members FROM: Patti Liermann, Housing Planner RE: Mi Casa Avon Program Update DATE: July 12, 2024 SUMMARY: This report provides a 2024 Quarter 2 update on the Mi Casa Avon program. No Council direction is being sought and this report is for informational purposes. BACKGROUND: Mi Casa Avon was designed to help Avon residents achieve homeownership. Launched in 2020, the program addresses housing affordability challenges faced by the local workforce. The program provides a monetary contribution towards a buyer’s purchase in exchange for recording a Resident Occupied deed restriction on the property, permanently preserving that home for a member of the local workforce in the future. REVIEW OF PROGRAM PERFORMANCE: Annual Funding and Total Contribution by Year: The Annual Budget is $1,874,558. There have been 4 total closings and two (2) units under contract, set to close before Quarter 3. There are $167,280 in additional funds allocated for the two units set to close in July 2024. Funds remaining to date: $1,349,478. Rollover Funds 2023 1,274,558$ Total Funds 2024 600,000$ 1,874,558$ 100% 357,800$ 19% 167,280$ 8.9% Funds Remaining 1,349,478$ 72.0% Newly requested funds -$ 0.0% Total Funds Remaining 1,349,478$ 72.0% Total Funds 2024 Funds Awarded 2024 Funds pending transaction 2024 Unit Count Available Contribution Contribution Spent Average Contribution Average Sales Price 2020 8 $ 650,000 $ 464,760 $ 58,095 $ 493,500 2021 13 $ 900,000 $ 847,222 $ 65,171 $ 547,142 2022 16 $1,200,000 $1,164,260 $ 72,766 $ 615,344 2023 3 $1,500,000 $ 199,200 $ 66,400 $ 563,333 2024 4 $1,874,558 $ 357,800 $ 89,450 $ 753,500 Total 44 $3,033,242 $ 70,376 $ 594,564 Page 2 of 3 Program Performance by Unit Type and Bedroom Count: Unit Type # Bedroom Count # Condo 32 Studio 1 Townhome 11 1 Bedroom 4 Duplex 1 2 Bedroom 29 Single Family Home 0 3 Bedroom 9 Other 0 4 Bedroom + 1 Total 41 Total Bedrooms 88 Resales, Listings, Rentals, and Leave of Absence Tracking: 2021 2022 2023 2024 Resales 0 1 1 1 Listings 0 0 2 0 Rentals 0 0 1 (Leave of Absence) 1 Leave of Absence 0 1 1 0 FINANCIAL CONSIDERATIONS: The initial funds of $650,000 was approved by Town Council in 2020 from the Avon Community Housing Fund. In 2021, Council approved $900,000 to continue the program. In 2022, Council approved funding in the amount of $1,200,000 which included a rollover balance from 2021 in the amount of $238,018. Total funds for 2023 were $1,583,558 including $378,158 in rollover funds from 2022. 2023 ended with three units and $199,200 in contributions spent. Town Council approved rollover funds of $1,274,558 plus an additional $600,000 for the 2024 Budget. Staff anticipates additional program participation with the Eagle County Housing & Development Authority partnership, estimated to commence in August 2024. Page 3 of 3 Thank you, Patti Liermann NEIGHBORHOOD / SUBDIVISION Unit Type Square Ft Bedrooms Contract Price Price requested %$/Sq Ft 1 METCALF / BARRANCAS Condo 935 2 399,000$ 47,880$ 12.0%$427 2 WILDRIDGE Duplex 1987 4 645,000$ 75,000$ 11.6%$325 3 WILDRIDGE / SADDLERIDGE AT AVON Town house 2027 3 630,000$ 75,000$ 11.9%$311 4 NOTTINGHAM / BRISTOL PINES Town house 1337 3 480,000$ 57,600$ 12.0%$359 5 NOTTINGHAM / SHERWOOD MEADOWS Condo 552 1 288,000$ 34,560$ 12.0%$522 6 HURD / AVON CROSSING Condo 840 2 431,000$ 51,720$ 12.0%$513 7 WILDRIDGE / COYOTE CREEK TOWNHOMES Town house 2063 3 675,000$ 75,000$ 11.1%$327 8 WEST BEAVER CREEK BLVD / LIFTVIEW Condo 768 2 400,000$ 48,000$ 12.0%$521 9 WEST BEAVER CREEK BLVD / SUNRIDGE Condo 768 2 430,000$ 51,600$ 12.0%$560 10 WEST BEAVER CREEK BLVD / SUNRIDGE Condo 768 2 370,000$ 44,400$ 12.0%$482 11 WILDRIDGE / ELK RUN TOWNHOMES Townhome 1770 3 695,000$ 83,400$ 12.0%$393 12 ADJ. TOWN CORE / GREENBRIER Condo 1019 2 449,000$ 53,880$ 12.0%$441 13 METCALF / BARRANCAS Condo 935 2 498,000$ 59,760$ 12.0%$533 14 NOTTINGHAM / BALAS TOWNHOUSE Condo 1647 2 645,000$ 77,400$ 12.0%$392 15 NOTTINGHAM / NIGHTSTAR Townhome 1228 2 744,000$ 88,560$ 12.0%$611 16 WILDWOOD / 1066 WILDWOOD TOWNHOMES Townhome 806 1 515,000$ 61,800$ 12.0%$639 17 WILDRIDGE / MOUNTAIN VIEW TOWNHOMES Townhome 1176 3 616,100$ 73,932$ 12.0%$524 18 WILDWOOD / WILDCAT RIDGE TOWNHOMES Townhome 2025 3 880,000$ 100,000$ 11.4%$435 19 METCALF / BARRANCAS Condo 935 2 480,000$ 57,600$ 12.0%$548 20 WEST BEAVER CREEK BLVD / SUNRIDGE Condo 768 2 420,750$ 50,490$ 12.0%$513 21 NOTTINGHAM LAKE / BEAVER BENCH Studio 464 0 370,000$ 44,400$ 12.0%$797 22 WEST BEAVER CREEK / SUNRIDGE Condo 768 2 500,000$ 60,000$ 12.0%$651 23 WEST BEAVER CREEK BLVD / LIFTVIEW Condo 768 2 540,000$ 64,800$ 12.0%$703 24 WEST BEAVER CREEK BLVD / LIFTVIEW Condo 768 2 522,000$ 62,640$ 12.0%$680 25 NOTTINGHAM / SHERWOOD MEADOWS Condo 552 1 390,000$ 46,800$ 12.0%$707 26 WILDRIDGE / ORCHARD Townhouse 1468 3 995,000$ -$ 0.0%$647 27 METCALF / BARRANCAS Condo 925 2 520,000$ 62,400$ 12.0%$562 28 METCALF / BARRANCAS Condo 935 2 610,000$ 73,200$ 12.0%$651 29 WEST BEAVER CREEK / LIFTVIEW Condo 768 2 600,000$ 72,000$ 12.0%$781 30 METCALF / BARRANCAS Condo 935 2 625,000$ 75,000$ 12.0%$669 31 WILDRIDGE / SUNCREST Townhome 1824 3 750,000$ 90,000$ 12.0%$411 32 HURD / AVON CROSSING Condo 866 2 700,000$ 84,000$ 12.0%$808 33 WILDRIDGE / DRAW SPUR TOWNHOMES Townhome 1380 3 860,000$ 100,000$ 11.6%$623 34 NOTTINGHAM / NIGHTSTAR Condo 1228 2 730,000$ 87,600$ 12.0%$595 35 WEST BEAVER CREEK / BENCHMARK Condo 503 1 363,500$ 43,620$ 12.0%$723 36 WEST BEAVER CREEK / SUNRIDGE Condo 780 2 615,000$ 73,800$ 12.0%$789 37 METCALF / BARRANCAS Condo 935 2 570,000$ 68,400$ 12.0%$610 38 NOTTINGHAM / SONNEN HALDE Condo 915 2 430,000$ 48,000$ 11.2%$470 39 WEST BEAVER CREEK / SUNRIDGE Condo 768 2 575,000$ 69,000$ 12.0%$749 40 WEST BEAVER CREEK / SUNRIDGE Condo 768 2 685,000$ 82,200$ 12.0%$892 41 WEST BEAVER CREEK / BRIDGEWATER TERR Condo 853 2 850,000$ 100,000$ 11.8%$996 42 ADJ. TOWN CORE / GREENBRIER Condo 861 2 630,000$ 75,600$ 12.0%$732 43 METCALF / BARRANCAS Condo 953 2 685,000$ 82,200$ 12.0%$719 44 NOTTINGHAM / SHERWOOD MEADOWS Condo 1056 2 849,000$ 100,000$ 11.8%$803 AVERAGES 2020 - Present 1062 2 572,960$ 65,255$ 11.6% $583 20 2 0 20 2 1 20 2 2 20 2 3 20 2 4 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 1 of 17 Town of Avon 2024 Department Goals This document presents specific goals to be completed, or substantially completed, during 2024. The goals are identified by town departments and/or divisions.  Quarterly updates will be provided by department directors and managers.  Town Council will have an opportunity to review the information and provide direction on any revisions, deletions, or changes in priority.  The goals provide a foundation for organizing and scheduling Staff work as well as scheduling reports, work session and action items for Council meeting.  The list is not comprehensive in nature and there will be ample opportunity to review and discuss other high-level priorities set by Town Council, including but not limited to housing, water, childcare, climate action, US Post Office and railroad monitoring. 2024 Department Goals General Government GENERAL GOVERNMENT COMMUNICATION & MARKETING 1. Conduct the 2024 Community Survey: A biennial survey will be conducted during summer 2024 to solicit input on Town services and pending policy questions. The community survey will be sent to residents, property owners and business owners in Avon. A final report will be provided to Council in fall 2024. In Progress – A final draft of the survey was provided to Intercept Insight on April 19. The survey is currently being translated and is scheduled to launch June 3. Parking Survey – Phase 2 in fall of 2024. The survey launch was intentionally/strategically delayed so as not to overlap with the use tax voter opinion survey. It launched July 9 and is scheduled to be open until August 2, 2024. 2. Launch New Community Engagement Platform: In 2023, Staff researched several different platforms with a focus on ease of registration and formatting flexibility and explore designing our own platform. ZenCity was ultimately selected as the best platform for Avon and the new website will be launched in 2024. In Progress - Content about Avon Use Tax is being organized to launch on the Zen City website by mid-May. A Community Survey project page will accompany the survey launch. Zen City was used to host the Use Tax Voter Polling Survey content and the educational content about Use Tax remains live. Content is being organized to host a parking survey using Zen City this fall. 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 2 of 17 3. Ensure the website, Avon.org, is in Compliance with HB21-1110: HB21-1110 requires ADA compliance from municipal websites by July 1, 2024. Currently, most content and images on the website are in compliance, but the documents uploaded to the website regularly are not in compliance and remediation work is required to meet the upcoming deadline. In Progress – Avon has had multiple meetings with third party vendors to explore scanning and PDF remediation software. The next meeting with our website host Civic Plus is April 4 and a county-wide meeting with state officials is April 5. Staff have drafted an accessibility plan and internal trainings are scheduled in April. On April 25, 2024, HB24-1454 was signed into law granting a one-year extension to HB21-1110. The new date for compliance is July 1, 2025. Staff provided a written report updating Council on digital accessibility progress on July 23, 2024. 4. Research Web Cam Options for Town-Wide Implementation: Collect data from peer communities about how they use web camera technology, who provides their service, and what resources are required. Develop a plan to implement web cam technology throughout Town in 2025. Not started. In process. Staff is compiling a list of neighboring communities with functional web cameras in multiple locations. CULTURE, ARTS & EVENTS 5. Plan Best of the West and Heart & Soul Festivals: Develop programming and budget for launch of the Best of the West Festival in 2025 and launch of Heart and Soul Festival in 2025 or 2026. Present programming and budget to CASE for review and comment. In Process – Best of the West draft logo should be delivered the week of April 8th. Advertising buys are complete and scheduled for the fourth quarter of 2024. Work will begin on draft programming elements and budgets in the next few weeks. Best of the West is on hold until we have a better ideal of schedule for construction of restrooms at old Town Hall site. 6. Research Cultural Plans: Gather cultural plans and information from peer communities, conduct networking and site visits. Facilitate discussions with CASE regarding what is appropriate and feasible for Avon without creating redundancy with current cultural offerings in the Vail Valley. In Process – First peer community site visit is scheduled for April 12th, and one is pending for April 30th. Silverthorne and Grand Lake have been toured, Ridgeway is scheduled for August 15th and Breckenridge is scheduled for September 18th. 7. Vail Valley Art Guild: Support and collaborate with the Vail Valley Art Guild to build their organizational capacity through communication, information, and resource sharing, measuring current programs and activities, and fine-tuning processes and productivity. Identify venues and develop timelines for thoughtful and impactful programs and activities. Through a strategic alliance collaborate on identifying grant funding to further VVAG, CASE and Town goals. VVAG offices in Avon are tentatively scheduled to open the first week of June pending on-going construction delays. Staff is releasing an Artist Call Out on May 10 for the Painted Benches Project in collaboration with the VVAG and their member base. The council approved Resolution 24-12 allowing Staff to proceed with a National Endowment for the Arts Grant application. The Art Guild at Avon had a successful grand opening on June 14th. Programming including workshops, kids' music and art classes, photography classes, etc. are in full swing. Heating and air conditioning have not been completely rectified and continue to be an issue. 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 3 of 17 Beginning to discuss 2025 planning and budgeting related to Avon activities. The Art Guild at Avon sign for the door/window is in process. 8. The Old Fire Station: The La Zona project identified the Old Fire Station site as an appropriate location for the development of a community event and gathering space and art center (arts, culture, heritage, recreation, education, etc.) Research similar community facilities and art centers to gather facility and programming information, conduct networking, visit other sites. Present information to CASE for review and comment. Pairs with item #6. Members of the Art Guild at Avon, Town Manager and Town staff toured 351 on May 13 to better understand the implications related to potentially renovating the building to become a community “maker space” for local artists and general public interested in art workshops and art spaces. Next steps TBD. 9. Large Format Murals: Develop project scope and intent, design, and artist guardrails to release an RFP/Artist Call Out in January 2024 for one large format murals with installation taking place in early summer of 2024. Two identified locations for large format murals installations are (1) Avon Elementary School east facing exterior wall adjacent to the playground and (2) The Season building west facing exterior wall opposite the Avon Library. One mural is proposed for 2024 and the second mural is proposed for 2025. The Eagle County School District approved the permit for the Avon Elementary School location. The RFP will be released by the end of April. The RFP received 29 applications, 17 of which were reviewed and scored by the Jury Panel. Jeremy Valesquez was the final artist/design concept and awarded the contract on June 3. Work began July 8th with a desired completion date of August 19. 10. Selfie Heart Project: Identify location in Nottingham Park, Main Street Mall or other Town core location for a large heart shaped cut out structure (“selfie-heart project”) in metal, wood, or other sustainable and low maintenance material. Brightly colored and designed with the intent of engaging residents and visitors to take photos creating shareable moments and social opportunities. The location selection, design guardrails, budget development and Planning & Zoning review and guidance would be done in 2024 for an early summer 2025 installation. No update. Pilot project at Salute to the USA with more work to be done as final concept considered. Project will resume in the fall. 11. Ice Sculptures on Main Street Mall (MSM): Identify locations along the MSM appropriate for temporary ice sculpture installations which encourage public engagement, are decorative and/or themed, lit at night, self-explored, and designed to last a minimum of 14-days. The locations selection, design guidance and budget development would be done in spring/fall 2024 for installation in January or February 2025. This could be a support feature for Fireworks in Avon in January 2025. In Process – Staff met with Alpine Ice in early February for a site tour of the Main Street Mall area and suggested locations for ice sculptures. Staff received initial pricing which is being vetted. No updates. 12. Art Benches Program: Refurbish the six painted art benches from 2020 with more durable material or sealant. Add four additional art benches to the program each summer from 2024 and 2026. Conduct RFP / Artist Call Out in collaboration with Vail Valley Art Guild. Staff is releasing an RFP / Artist Call Out on May 10th through the VVAG member base for the creation of four (4) newly designed and painted benches. Staff contracted with Custom Creations (Tara Novak) for the 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 4 of 17 six painted benches done in 2020 to be refurbished. All work should be completed and installed no later than July 1. Six (6) refurbished and four (4) new benches were installed just before July 3rd. SUSTAINABILITY 13. Avon Residential Composting Research: Research to prepare for a residential composting pilot program like the one in West Vail. The research will include program design, policy, community interest, budget, location, and RFP preparation for a 2025 rollout. This composting goal directly contributes to the Climate Action Plan goal of diverting 80% of organics currently landfilled by 2030. The research mentioned above has been conducted for the West Vail program, and more research will be conducted on programs in other municipalities, such as Aspen. Community survey questions regarding residential composting were included in the final draft of 2024 Community Survey, which will launch June 3. The results will help the Town understand more about how best to design a residential composting program here. The Community Survey was postponed from June and launched on July 9; Staff expects survey results in August to inform the design and budget of the curbside composting program. Composting education has been planned for social media in July to help residents understand the importance of composting as they engage with the survey. 14. GHG Inventory Add-on: Avon Net Zero Forecasting: Utilize the data from the 2019 and 2022 greenhouse gas (GHG) inventories to create a comprehensive net zero forecast. Analyze the emission reduction potential across key sectors to identify strategies, policies, and investments required to achieve net zero emissions in Avon by 2030. The Net Zero Forecasting work kicked off in early March, right after the first draft of the GHG Inventory report was finished. The first phase of the work, policy scan, is expected to finish in late April. The next phase will focus on GHG reduction planning for various scenarios and the prioritization of climate actions; this work should be done by the end of Q2. The first draft of the Wedge Analysis was finished in late June and Staff reviewed it on July 9. Staff will move forward with the second draft. Meanwhile, the Climate Action Collaborative is also working on Net Zero Modeling to update the Eagle County Climate Action Plan. Avon is a funding partner and a contributor to this work. As such, Avon will combine our own Net Zero work with the County’s to ensure our efforts are aligned. Staff expects to complete the combined work and report to Council in early Q4. 15. Climate Action Investment Matrix: Continue the existing work of tracking, analyzing, and quantifying various climate action projects undertaken by Avon, including the financial investment, the GHG reduction and return-on-investment (ROI). Enhance the presentation of the Matrix by incorporating data visualizations to support informed data-driven decision-making and efficient allocation of resources towards Avon's climate action goals. In Q1, the methodology of the Climate Action Investment Matrix was under review. Resources from the City of Aspen and Ann Arbor provided an excellent starting point to help Avon revise our current methodology, setting up a good foundation for analyzing current and future climate investment. Staff has reorganized a list of Avon’s climate program for tracking as a first step. Next, unique financial analysis spreadsheets will be created for each climate program. In Q2, staff conducted a deeper study of Colorado’s Priority Climate Action Plan and made progress with Avon’s Wedge Analysis. 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 5 of 17 Staff also reviewed ICLEI’s “Cost of Doing Nothing” toolkit and plan to use it to evaluate the climate-related disaster cost avoided by doing climate action. Staff are also communicating with sustainability economists to learn more about the methodology of conducting a climate action investment matrix. Staff expect to officially begin this work as the Wedge Analysis nears completion in late July. 16. Weatherization and Electrification Program for the Aspens: Evaluate a comprehensive weatherization and electrification program for The Aspens, a low-income mobile home community in Avon. Leverage and promote Eagle County and NWCCOG’s existing weatherization and electrification programs in Avon. Several projects at the Aspens were completed several years ago and a January meeting at the Aspens, which Avon helped coordinate, reintroduced the programs. The NWCCOG Energy Program requested that Avon participate through assistance with community outreach. Walking Mountains’ new bi-lingual sustainability coordinator has made outreach much more effective. We’ve asked them for an update on the number of households they have recruited this quarter and will report back in Q2. NWCCOG reported that their weatherization budget has run out for the year; Staff is communicating with them to understand how much of the work may have taken place in the Aspens. No other action was taken during May-June. 17. Recycling Center Upgrade: Collaborate with Eagle County to elevate the Avon Recycling Center, enhancing safety and user experience. Apply for the Recycling Resources Economic Opportunity (RREO) grant of the Colorado Department of Public Health and Environment. If grant funds are awarded, Eagle County will procure new equipment and the Town will upgrade infrastructure and implement regional Styrofoam recycling program with Styrofoam densifier equipment. The Town was awarded the RREO grant in March, hence starting the planning process for the recycling center upgrade towards the end of Q1. The planning includes staff from Avon Engineering, Eagle County Solid Waste and Recycling Division, Sustainability. Sustainability staff is also coordinating with Foam Cycle, provider of the Styrofoam densifier, to form a work plan. A press release went out in the first week of April, stating that the Recycling Center Upgrade will potentially finish within 2024 and be open to the public in early 2025. Staff continue to work with Public Works on refining the site-development plan. The bidding process so far yielded a higher cost than what was budgeted, so Public Works is planning a budget amendment once the bid is confirmed. Eagle County will also conduct a budget amendment to uphold the 50/50 cost share between the Town and the County. Construction is expected to start in August. All equipment orders are on track and are either shipped or can be shipped as soon as the site is ready. Foam Cycle, the Styrofoam densifier vendor, visited Avon in person in June and offered helpful updates and advice on running a Styrofoam recycling program. 18. Research New Energy Rebates: EVs, EVSE and Battery Storage: Research energy rebates for Electric Vehicles (EVs), Electric Vehicle Supply Equipment (EVSE), and battery storage systems. The rebates will provide incentives for clean transportation and resilient energy storage energy solutions in Avon. Research conducted in Q1 showed that all new energy rebates are available to add to Avon’s existing energy rebate package administered by EnergySmart Colorado at Walking Mountains. In addition to EnergySmart, there are also rebates offered through Holy Cross and the new ReEnergize program by Eagle County. Staff aims to propose budget and program design to provide new energy rebates by the end of Q2. A Council report is in 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 6 of 17 progress however a full work session will be scheduled in the fall to consider inclusion in 2025 budget. TOWN CLERK 19. Records Management & Retention - Standardize folder structure and records retention across departments to ensure that each Department director, manager and/or coordinator is familiar with the Colorado Municipal Records Retention Schedule and appoints a Department-specific user to monitor that mandatory records are being adequately retained. A Laserfiche consultant will also be hired to develop workflows that automate the archival process of selected records that are commonly used. This will help dimension the cost of this type of solution. During Q1, Town Clerk met with Rec Director, IT Director, and ComDev Director, and selected staff from those departments and provided training on the proper use and functionality of Laserfiche. During training, staff members were provided a copy of records retention schedules specific to each department. Additionally, each department has discussed the records produced by their staff and have been charged with preparing best practices for department-specific records retention that will document institutional knowledge and internal processes surrounding records retention. Town Clerk aims to continue meeting with Department heads through Q2 and has scheduled to meet with Public Works Director next. Town Clerk met with Rec, Facilities, and Engineering Staff and provided additional training on records retention and developing a policy for their department. The aim is to continue meeting with Department Heads to develop policies as needed. A meeting with Public Works Director is expected to be scheduled in Q3. Town Clerk has also sought out a Laserfiche consultant and received a few alternatives under review through collaboration from Finance Staff who attended the 2024 Laserfiche Conference. 20. Implementation of Agenda Management Software and Workflow for Meeting Packet: The Town Clerk will implement the roll-out of the CivicClerk Agenda Management Software in order to safely manage agendas, generate minutes, and tally votes by Councilors. During Q1, Town Clerk scheduled presentations between Leadership staff and and CivicClerk technical and sales personnel to understand the impact of an immediate roll-out of the Civic Clerk solution. During that process, IT staff onboarded a specialist with Microsoft Teams solutions who proposed an alternative to CivicClerk that could streamline Agenda Management for Council Packets. IT staff rolled out this new file sharing structure which resolved many technical issues faced by General Government Staff and Town Clerk. On this basis, implementation of CivicClerk was placed on hold while staff assess the new Microsoft Teams solution. Staff is researching if the agenda management software would bring the Council Packet workflow into ADA compliance under goal #3, or if other solutions would work better. Internal discussion among General Government Staff will be necessary to lay out a path forward. 21. Implement On-site Spanish Language Conversation Classes: Organize and implement conversational Spanish classes for Town employees at the Avon Town Hall or other Town facilities. During Q1, Town Clerk interviewed 3 Spanish teachers licensed by the State and located in Eagle County who have agreed to come up with a proposal and program to teach in-person Spanish conversational classes to Town staff in Council Chambers. During Q2, Town Clerk expects to receive the proposal of the tailored program and its associated cost to present to General Government and HR. Summer break has brought delays in receiving specific 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 7 of 17 programs tailored for Avon by local Eagle County Spanish teachers. The Town Clerk expects to be able to present Spanish lesson costs and a program for Avon during Q3. ADMINISTRATION 22. Establish Program for Council Visits to Peer Resort Communities: Establish a program for peer resort community visits that create opportunities to build relationships, share ideas about best municipal practices and topics of mutual interest, such as housing, economic development, as well as events and cultural programs. Visits will encourage a platform that showcases the resort community assets that are offered to their residents and guests. Staff brainstormed ideas during Q1 which include a spring visit (early June) to Breckenridge with a focus on Housing. A summer visit (late summer) to Snowmass with a focus on redevelopment and a fall visit (mid October) to Jackson, WY combined with the MT2030 summit and the Q4 CAST meeting with a focus on Culture & Arts. Ideas will be vetted with the Mayor and Mayor Pro Tem in May to determine next steps in the planning process. Council’s busy schedule and limited availability has not allowed this initiative to be accomplished. Staff will check again in 2025 after the elections. 23. Administrative Support to the Downtown Development Authority: Provide support for setting up DDA through its member appointments, financial analysis and organization of meetings. The DDA Board has met twice this year and is scheduled for some joint meetings with the Planning & Zoning Commission to review the Sun Rd and East Avon Redevelopment ideas. A new member joined the board in March and meetings are going well. The DDA Board met in April & May with no further updates to report. 24. Research Rejoining DestiMetrics: Study whether it will be worthwhile to rejoin if we can pass an ordinance that makes reporting mandatory in 2025. Not started, we anticipate this will be a goal for later this year when the new Town Attorney is “caught up” on legal work. With the monthly financials at the end of Q2 showing sales tax revenues as flat and accommodations tax revenues, this has come up for discussion. Staff will research cost and options during Q3. FINANCE 1. Assist with Multi-Year and Long Range Finance Projections: Develop models for multi-year and long-range financial forecasts to assist Council with long range visioning. Finance will begin to work on a multi-year plan upon completion of the Audit and start of the budget process. Finance will start to develop a long-range plan as part of the 2025 budget process. 2. Support Financial Planning for Housing, Capital Improvements, and Avon DDA: Assist with exploring options and preparing information to help Town Manager and Council determine best financing options for large investments and capital improvement projects. Finance has met with Community Development to identify housing projects and discuss the funding they have available to pursue these projects. No update. 3. Monitor Village (at Avon) Matters: Monitor and participate, when appropriate, in financial matters related to the development to better understand growth opportunities and financial impacts from 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 8 of 17 existing and future development in the Village (at Avon). Staff has reviewed the CARADA (Development Agreement) and financials for the Village (at Avon). Staff will continue to review financial information from the Village at Avon and attend quarterly Board meetings. The Finance team will continue to review the Village (at Avon) and potential future projects in regards to the financial impact to the Town both directly and indirectly. INFORMATION TECHNOLOGY (IT) 1. Increase data security: Implement two-factor authentication for remote access and the Cisco VPN. Roll out Microsoft Purview email encryption. Investigate options such as Domain Assure or similar products for enhancing data security. Conduct penetration testing to identify vulnerabilities and improve security measures. Signed SOW with PEI to implement MFA on Cisco VPN and refresh Remote Access portal to include MFA. Performed security audit on file share access and Microsoft Active Directory security and distribution groups. Evaluated security awareness training and testing, will implement a solution in 3rd quarter. Implementation of MFA in progress. Started process of evaluating vendors that can perform network and system security assessment. 2. Broadband: Explore a potential private-public partnership with Vero and the potential of joining NWCOG's project THOR. Collaborate with relevant stakeholders to explore partnership opportunities. No update on this project. No updates. 3. Guest Wireless in Nottingham Park: Collaborate with Resort Internet to provide guest and event wireless internet services in Nottingham Park. Implement the project in stages, starting with the field in front of the Avon Pavilion and extending to the north side beach. No update on this project, this will be a late 2nd quarter or3rd quarter project. No update third quarter project. HUMAN RESOURCES 1. Implement Phase II of “Committed to Community”: Research, develop and execute Phase II of “Committed to Community” public service training. Phase II will include: (1) conflict resolution, (2) mastering your message, (3) impact of a message, and (4) active listening. The frequency and content of this annual program will be established. HR has coordinated this Phase II training for the first of May with consultant Zoe (Consulting and Training). Staff will continue to transition this customer service program as ongoing HR training for new employees and annually. No further updates at this time. 2. Complete Implementation of Human Resources Information System (HRIS): Complete the implementation of HRIS (BambooHR), (data entry) with an emphasis on the software training that helps employee and manager utilization of the recruiting and hiring, employee self-service (ESS), and performance review modules. Training will be scheduled for each department so that the software becomes relevant for their HR functions. Staff have engaged in software training to continue the setup of the census files (employees) and determine appropriate workflows for HR deliverables. Staff intends to set up platform modules related to recruiting and on boarding services with education and implementation during 3rd quarter. 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 9 of 17 3. Update Drug & Alcohol Policy: Update the Town’s Drug and Alcohol Policy to identify federal changes and establish compliance with the Federal Transportation Authority (FTA) and Federal Motor Carrier Safety Administration (FMCSA). HR will address this goal in the 2nd Q this year. HR Staff has worked with transit to review the policy related to CDOT’s required drug and alcohol training and revisions have been made. Further review will be conducted during 3rd & 4th quarter this year with any final revisions to be prepared and reviewed by Town Manager’s Office. 4. Review Employee Health Insurance Costs: Collaboration between Human Resources and Finance to outline costs benefit comparison of self-insured and fully insured plans. Develop a comparison of health benefit plans from peer communities. HR will address this goal in the 3rd Q this year. HR & Finance staff meet with health plan advisors quarterly to continually evaluate the employee utilization and cost of the town’s self-funded plan. The team will begin to research the peer communities’ current health plan offerings and work with the consultants to compare differences between self-funded and fully insured plans. 5. Support Expanded Leadership Training: Host a larger group retreat in the Spring to support training for stress management tools, creating a work-life balance, and time management skills and process. Evaluate various training opportunities to offer the leadership team which may include topics such as, project planning and delegating work to create employee empowerment, employee accountability, building trust and respect, coaching to improve employee performance, dealing with change, leading innovation, and conflict resolution. HR & Town Manager’s Office coordinating the spring leadership retreat taking place on May 3. A Leadership Team retreat was held May 3 with a focus on two topics: 1) critical thinking presentation by Town Manager, and 2) Mental Health with presentations by Eagle Valley Behavioral Health Senior Ops Director Dana Erpelding, and Hope Center Director Teresa Haynes. The presenters brought awareness to mental health programs and services. In addition, the team viewed The Paradise Paradox movie which addressed the mental health crisis affecting American mountain towns and innovative solutions being implemented. Planning for a fall director retreat will occur in the near future. 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 10 of 17 2024 Department Goals Community Development Community Development 1. Community Housing Initiatives: Pursue all reasonable efforts to implement Community Housing, including but not limited to the following goals: a. Eagle County Regional Housing Action Plan: Administer the Eagle County Regional Housing Action Plan project. Contractor was hired and survey is currently underway. Survey closed May 15. A comprehensive update on this project was provided to Town Council on July 9th. Focus group meetings and direct interviews are being conducted through September. Data collection and the demand analysis work continues through October. b. Avondale Apartments Construction: Complete entitlements, construction drawings, and secure contractor to commence construction. PUD Amendment is in draft form and will go to Planning and Zoning Commission with a Public Hearing and then to Town Council for consideration. PUD Amendment and Vested Rights extension application and staff reports have been prepared. Initial public hearing with PZC is expected in Q3. Town Council authorized moving forward with Pre-Design conference with the Village at Avon Design Review Board. Pre-Design materials were submitted and heard by the Village at Avon Design Review Board on July 11th. Another follow-up Pre-Design conference is scheduled for August 8th. c. Early Childhood Education, Planning Area E, Village (at Avon): Coordinate zoning amendments and review of site plan and architectural designs. Define leasing, partnership financial contributions, operations and accessibility requirements. Commence construction in 2024. Housing has been removed from the project and Vail Valley Foundation plans to proceed through the Village (at Avon) Design Review Board with a standalone early childhood education project. Redesign of the early childhood education facility, without housing, is currently underway. The Village at Avon Design Review Board will review Pre-Design conference on August 8th. d. East Avon Preserve: Facilitate due diligence process for exploring a housing project accessed off Wagon Trail Road. The project will include coordination with Traer Creek and their potential road extension to Planning Area I. Rezoning application is scheduled for PZC on April 22, and then Town Council May 14. Preliminary infrastructure evaluation will commence immediately following zoning. Pursuant to Town Council direction, a revised application with Community Housing High Density 1 (CHHD-1) District was presented to Planning and Zoning Commission on July 9th. The revised package will go back to the Town Council in Q3. Water tank planning is underway. e. Annex State Land Board: Annexation, subdivision, and development review of project, including Phase I. Under review of the Development Agreement. Eagle County is evaluating water allocation. Once the application is complete it will be referred and move through the public hearing process. Application materials continue to be developed and refined. Public hearings are anticipated in Q3. 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 11 of 17 f. Slopeside Rezoning: Conduct initial site investigation and due diligence to determine development potential, prepare and process rezoning application. Rezoning to Community Housing High Density-1 was approved. The RFQ process and refined project goals were presented to Council on July 9th, RFQ is now posted. g. Evaluate Avon Development Code for Housing: Review existing high density residential zoning and propose revisions which are more efficient and cost effective for development of housing, including density and building height; evaluate development review process to determine if expedited review process for Community Housing is viable. No updates. No updates. h. Revisit Inclusionary Zoning and Available SFEs: Explore potential policies that may allocate or prioritize a portion of the remaining available Single-Family Equivalent (SFE) water supply to Community Housing projects. Update 2020 Community Housing Plan. No updates. No Updates. i. Update Old Deed Restrictions: Review pre-2000s Deed Restrictions, evaluate for outdated language, work with property owners to update Deed Restrictions. Wildwood deed restriction replacement was drafted and presented to homeowners on May 6. Replacement Deed Restriction will go to Town Council in August. Deed Restriction replacement will be used for other outdated price capped properties once approved by Council. After Wildwood Deed Restriction is updated, other properties will follow in Q3. j. *NEW* Review of Primary Residence RETT Exemptions: Exemptions for Real Estate Transfer Tax (RETT) are given based upon certain criteria which can be found in the Town of Avon Municipal Code. The Finance team will review the exemptions to see if they can be modified based on the real estate market the last couple of years. Staff will be presenting options at the May 14 meeting. Ordinance 24-11 was approved on July 9th, approving new RETT Exemptions. COMPLETED. k. *NEW* Review of ¡Mi Casa Avon! Program: Once we get data from the regional housing assessment, we will review the data and assess if we need to make changes to the ¡Mi Casa Avon! deed restriction program. No updates. Regional Housing assessment is currently underway. Updates to the Mi Casa program were approved by Town Council on May 14th. l. *NEW* Partnership Program with ECHDA: Pilot partnership programs with ECHDA. Changes were presented and approved by Council on May 14th. The partnership will expand Mi Casa into Eagle-Vail and double the buy-down amount for Good Deeds in Avon by equally sharing in the buy-down amounts from each entity. Partnership will be finalized by Board of County Commissioners in July. 2. Sun Road & East Avon Redevelopment Plan: Complete long range sub area plan for redevelopment of four properties and Sun Road and East Town Center. Began in 2023. Downtown Development Authority is in the planning stages, and joint sessions with PZC will take place before the final draft is published for public review. The Sun Road and East Town Center Plans are being drafted by Staff, including the addition on Nottingham Station into the East Town Center plan. Public Hearings will commence in Q3. 3. Water Allocation Management: Import all Single-Family Equivalent (SFE) water allocation data into Town of Avon Geographic Information System (GIS). Establish protocols for updates and ongoing internal management of data. ERWSD data has been received and sorted. GIS staff has been hired. Importing the SFE information into the Town’s maintained database has started. 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 12 of 17 4. Avon Net Zero Building Expo: Host the second annual Avon Net Zero Building Expo to provide contractors, construction managers, building officials, and sustainability professionals with the latest advancements and information on net zero building practices. The event took place on April 8 and was attended by 48 participants, plus Town of Avon staff. Staff has scheduled a recap/debrief of the 2024 event on May 7 to discuss what worked well and what can be improved and discuss possible next steps for a future event. The 2025 date was selected – the event will take place on April 18, 2025. No further updates at this time. 5. Update Town of Avon Parking Code: Consider modifications to Chapter 7 Municipal Code regulations, including minimum requirements, and electric vehicle parking locations including ADA standards. No progress. No further updates at this time. 6. Village (at Avon) Park Planning: Retain a consultant to conduct initial conceptual planning for park areas in the Village (at Avon). Initial evaluation of the property and governing documents has taken place. No further updates at this time. 2024 Department Goals Recreation RECREATION 1. Develop Sponsorship Plan: Create a standardized plan for the Department including tiered options for Recreation facilities and programs. Priority sponsorship opportunities will be offered to Avon and Eagle County businesses. Staff are currently conducting research on existing sponsorship plans in peer communities/facilities. Staff have also met with the CASE Division to ensure the existing sponsorship deck is maintained for Town special events. Staff have created a draft sponsorship deck and are anticipating rolling it out to local businesses in Q2. Staff have conducted a soft roll out of a sponsorship plan through the department’s adult sports division. Sponsorship opportunities within the Recreation Center facility and through general programming will continue to expand as Staff time allows. 2. Create Scholarship Program: Create an internal scholarship program for Avon and Eagle County residents. A pre-approved scholarship fund budget will be available for families in need and eligible to be used for any program or membership. The Health and Recreation Committee will assist with approving scholarship applications. Staff are currently conducting research on existing scholarship plans in peer communities/facilities. A draft proposal will be submitted to the Town Council for review in Spring 2024. A draft scholarship program has been formed and Staff are working internally with the Finance Department to determine the most efficient way to implement the program. 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 13 of 17 3. Formalize ‘Active Older Adults’ Programming: Create and provide ongoing programs for older adults, age 50+, on a year-round basis. Reestablish partnership with Eagle County Healthy Aging. Staff are currently conducting outreach with older adult facilities and community groups. Older adult specific programming will be added to the department’s offerings on an ongoing basis. Potential new programs include social gatherings, board games/cards, fitness classes, fitness area orientation, drop-in pickleball and day trips utilizing the department’s 15- passenger vans. Staff attended the Active Aging Expo in May to advertise our existing offerings directly to older adults. The department has added a Rummikub (board game) Social Club and plans to partner with Eagle County Healthy Aging to provide Adult Day Trips. The department will continue to expand older adult programming as able. 4. Complete Eaglebend Pocket Park Transformation Project: Manage Great Outdoors Colorado (GOCO) grant process, conduct community outreach, obtain design services, and oversee construction of the Eaglebend Pocket Park. A community meeting was held in January at the Eaglebend Apartments community room to engage with the residents in the surrounding neighborhood. During the first quarter, staff have worked closely with Zehren and Associates to develop the park design. The project team is currently finalizing the park design and preparing to release the project bid. Staff are finalizing the construction documents with the design firm and the bid package will be released in July. Staff anticipate contractor selection by the end of August. 5. Saddleridge Pocket Park Community Engagement and Redesign: Conduct community outreach and obtain design services for redevelopment of Saddleridge Pocket Park. Staff have scheduled a site walk for the end of April to assess the park's needs. No progress in Q2. This project will likely be deferred to 2025. 6. Redevelop Mission and Vision Statement for Recreation Department: Work closely with the Health and Recreation Committee and Town Council to redevelop a mission and vision statement for the Recreation Department. Administrative staff have conducted peer community/facility research and will roll out initial staff engagement in May. Staff will also engage with the Health and Recreation Committee in July. The Recreation Department held an “all-staff” meeting in May where 11 full-time staff and 40 part-time staff were in attendance. The department leadership team conducted a Mission, Vision and Values exercise and the results will be used to develop new Mission and Vision statements for the Recreation Department. 7. Finish Recreation Center Expansion Designs: Finish the designs for the Recreation Center Expansion, develop rough cost estimates, review financing and funding options, proceed with construction designs, identify and apply for grant funding. Staff have reviewed existing Recreation Center design documents and cost estimate from 2023 and have determined the information is still accurate. Staff are actively searching for grant and funding opportunities to offset the expense of this project. Staff are prioritizing facility updates to be included in the proposed 2025 budget. 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 14 of 17 2024 Department Goals Police POLICE 1. Ethical Decision Making Under Stress (EDMUS): The Colorado Peace Officers Standards Training Board (POST) has advocated for law enforcement agencies in the State of Colorado to embrace three nationally accepted de-escalation trainings. The three training courses are Integrating Communications, Assessment, and Tactics (ICAT) provided by the Police Executive Research Forum, Active Bystandership for Law Enforcement (ABLE) delivered by Georgetown University, and EDMUS (Ethical Decision Making Under Stress) developed by Colorado POST. The Avon Police Department has completed ICAT and ABLE and we plan to complete EDMUS training in 2024. The majority of officers have received this training in our in-service training in March. COMPLETED 2. CALEA Accreditation: 2023 is the last year of our 4-year accreditation cycle. If successful we will be awarded our reaccreditation at one of the three CALEA national conferences in 2024. We were awarded our reaccreditation at the CALEA conference in Montgomery Alabama. The clock resets for another 4-year accreditation cycle. COMPLETED 3. Flock Safety: In 2024 we hope to see results of our defensive ring of Automatic License Plate Readers at all ingress into Avon, offering greater protection to our community against vehicle thieves and other unwanted individuals who commit crimes against Avon residents and guests. We were successful in obtaining a Colorado Division of Justice grant for year 2 (2024), $20,000 for the annual subscription cost. In progress- The final three LPR cameras (of eight) were installed in early March. There was a significant delay due to CDOT permit requirements which we worked through with Flock and CDOT. We are getting multiple alerts every day regarding warrants, stolen plates, and occasionally stolen vehicles. They have also provided some excellent information for criminal investigations. COMPLETED 4. Parking Management: Implement the Town of Avon managed parking program by the end of 2023. Carefully evaluate the system in 2024, conduct stakeholder input, report findings to Council, suggest any appropriate revisions to the parking management program. In progress- We introduced the program in 2 phases. Phase 1 addressed parking in the recreation center, town hall and in front of the library. We have had enormous success in dissuading ‘poach” parking for skiing or other non-facility activities. There have been frustrations expressed by recreational center patrons on registering to get the free three hours to use the facility. On the other hand, we saw increased parking availability at all three locations. Phase 2 initiated for paid parking. This has gone remarkably well. We have very few complaints and parkers have figured out how to register and get the first 3 hours free and pay $1 per hour thereafter up to 5PM. We started with a comprehensive education campaign, and then progressed to educational warnings. We have issued over 750 warnings, approximately 450 in the recreation center 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 15 of 17 parking lot, 200 on West Benchmark and 86 on Lake Street. COMPLETED (With report back to council in October) 2024 Department Goals Public Works PUBLIC WORKS - ALL 1. Establish a Preventive Maintenance Program: Create and implement a comprehensive Preventive Maintenance Program (Facilities, Engineering, and Operations Divisions). The Preventive Maintenance Program will include drainage infrastructure, streetlights, buildings, and roadway infrastructure. The progress for this goal has been delayed due to Engineering Staff vacancies. CIP Project delivery was prioritized. No progress since last update. 2. Swift Gulch Public Works Garage: Finalize designs, review bids, secure funding and implement the construction of the Public Works garage at Swift Gulch. Design drawings and specifications are complete. The project is out for bid with a closing date of April 26, 2024. Construction is expected to begin in June 2024 and continue through December 31, 2024. Notice of Award was issued and mobilization began in July. The Modular building at the location site is being demolished. Construction is expected into 2025. PUBLIC WORKS >> ENGINEERING 3. Establish an Avon Geographic Information System (GIS) Program: The Town has been collecting GIS data on the built infrastructure for the past several years. In 2023, a GIS Administrator position was added to the budget and finally filled in March 2024. This position will fully implement a comprehensive program that will provide GIS support to all departments in the Town. The GIS Administrator will start in late April 2024. Staff are collecting GIS needs and tasks from all Town Departments. The GIS Administrator prioritized and implemented materials for Salute to the USA with both internal and public use maps. Staff is assessing current GIS data, gathering information from outside entities, and working with Town Departments to prioritize needs. 4. Nottingham Road Drainage Improvements: The Town has experienced periodic flood events on Nottingham Road that closed Nottingham Road, Interstate 70, and damaged several downstream developments. Two projects are proposed at 330 Nottingham Road near Sonnen-Halde and Sherwood Meadows Condominiums and 400 West Beaver Creek Blvd near Beaver Bench Condominiums. The projects were not selected for the 2023 FEMA grant cycle. We will apply for the 2024 grant cycle. The Nottingham Road Drainage Improvement Projects were submitted for the 2024 FEMA grant cycle. Grant award announcement is anticipated in the Summer of 2024. Grant Funding is still being pursued. The Nottingham Road Drainage Basin 4 project was substantially completed in Q2 of 2024. 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 16 of 17 5. Comprehensive Road Safety Audit and Traffic Control Program: A comprehensive road safety audit of the Town will enhance roadway safety for all. In 2022/23, a road safety audit was conducted on Avon Road. The Avon Road audit recommended enhanced pavement markings and signage. In addition, the Audit Report helped garner a $366K CDOT Safety grant to install additional flashing beacons at 6 crossings and permanent medians on Hurd Ln. CDOT awarded additional funds to add two additional flashing beacons on US6 and I-70 off-ramps. Total Grant now totals $44K. will be designed in 2024 with construction scheduled for 2025. Design has begun on 8 flashing beacon locations on Avon Rd between Highway 6 and I-70 for late-2024 / 2025 construction. Additional scope is being assessed to also improve the adjacent curb ramps to be ADA compliant. PUBLIC WORKS >> FACILITIES 6. Implement Facilities Reserve Study Recommendations: Review facilities reserve study results and prioritize areas for improvement by setting clear objectives and developing action plans for preventative maintenance, repairs, and equipment life cycle planning. Staff is preparing to present preliminary results and recommendations from the Reserve Study. Finalizing reserve study presentation and implementing budget scenarios for 2025. 7. Energy Efficiency: Evaluate energy tracking data and implement energy saving practices by conducting audits, finalizing building LED conversions, and continuing to monitor and adjust strategies to achieve energy savings goals. Staff continue to improve Energy Efficiency. LED conversion in the Recreation Center Natatorium is scheduled for May 2024. Finalizing all buildings LED conversions and working with our asset manager in generating town-wide utility cost and usage report. PUBLIC WORKS >> MOBILITY 8. Expand Evening Bus Service in the Town Core: Ridership and the number of stops in town have been increasing since 2020. The increases cause numerous delays with the Night Rider evening bus service. Based on the demand, the Blue and Red Line routes will expand to operate from 6:30 am-10:00 pm, alleviating delays and missed loops while keeping the desired 30-minute service times. COMPLETED 9. Future Level of Service/ Route Expansion Planning: New development in the Town of Avon will continue to stress current transit routes. Planning and envisioning new alternatives is becoming increasingly necessary. Staff will examine recent trends and study ways to continue our current level of service. Staff is prepared to provide Council Transit expansion options and recommendations during the 2024 budget cycle. Staff proposal is ready. With approval from the Town Manager, we can present to Council before the ski season begins. 10. Pursue a Summer Micro Transit Pilot Program for Avon: Micro transit solutions are improving rider’s experience by offering small-scale, on-demand public transit services. Adding a micro transit (on demand) service to Avon’s current fixed routes and schedules will enhance our service and 2nd Quarter Update 2024 Department Goals Approved February 2024 – 2nd Quarter Update Page 17 of 17 extend the reach of transit in town. Staff will research private partners that offer a turnkey program and will implement a 3-month pilot program during the summer of 2024. The expected budget for the program is $200,000. Need to discuss costs, grant funding and budget. Expanding existing service is first priority. Delayed; the grant we expected to receive is not available this year. This project will be delayed until at least 2025. PUBLIC WORKS >> OPERATIONS 11. Redesign Irrigation System: The Town of Avon secured a $60K grant from the Colorado Water Conservation Board (CSCB) to redesign the entire irrigation system. Avon’s irrigation system is antiquated. An Audit was conducted in 2022 and it recommended the entire system be replaced. The Audit found significant system-wide leakage, undersized mains, and failed controls for all zones where staff has to manually set at the control nodes. Draft RFP for design is complete. System design is scheduled for 2024 and Phase I construction is scheduled for 2025. No further updates in Q2. 12. Repairs all rock and brick bases for Art around Avon: Stones and rocks need to be reset on Art pedestals. Due to staffing shortages in Operations, this is deferred to 2025. 13. Continue the weed mitigation program for the third summer: A weed mitigation program is needed to comply with the statutory mandate, CRS 35-5.5 – Colorado Noxious Weed Act. Avon’s program includes site inspections, non-compliance notifications, and follow-ups. Weed mitigation on Town-owned property is provided by a state-certified contractor. The Operations team awarded the contract and they are spraying throughout the summer and is Ongoing. 970-748-4013 idejong@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Ineke de Jong, Chief Administrative Officer RE: Signed Letters of Support DATE: July 15, 2024 SUMMARY: This report presents an overview of letters of support that were signed and submitted in recent weeks. BACKGROUND: At the February 13, 2024 Regular Town Council meeting, Council discussed the topic of letters of support and sign-on letters and requests. Staff outlined it is very difficult to define a policy that clearly indicates when letter of support requests should be reviewed by Council as a whole and when the Mayor or Manager should sign. There are many times when it is in Avon’s interest to support a policy decision and the timing is too quick to include on a Council meeting, so some level of delegation to Mayor and Manager would be helpful. Council agreed that the Town Manager and the Mayor can review the contents of the letter request and determine if it is consistent with policies already adopted by the Town (which may include plan documents, annual Department goals, or previous direction provided by Council). If the letter request is consistent then Mayor or Manager would sign on behalf of the Town. Council asked to include copies of the signed letters on future Council agendas under written reports. A first group of signed support letters was included in the April 23, 2024 Council Packet. The attached letters were signed in May, June & July. COUNCIL DIRECTION: This report is informational, and no Council action is required. Thank you, Ineke ATTACHMENT A: May 14 Letter of Support for Eagle County Government’s application for US6 Pedestrian Safety Improvements through the Safe Streets and Roads for All (SS4A) Planning and Demonstration Grant. ATTACHMENT B: June 20 Letter of Support for Eagle County Government’s application for funding for Human-Bear Conflict Reduction Community Grant Program Funding. ATTACHMENT C: June 26 Letter of Support for the Eagle River Coalition’s application for funding for Eagle River Community Water Plan Phase 2. ATTACHMENT D: July 10 Letter of Support for the Eagle County Community Wildlife Roundtable’s application for Regional Partnership Grant. Post Office Box 975 100 Mikaela Way Avon, CO 81620 The Honorable Pete Buttigieg, Secretary U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 May 14, 2024 RE: Support for US 6 Pedestrian Safety Improvements Dear Secretary Buttigieg: As Town of Avon, I write to express my strong support for Eagle County as they pursue federal funding through the Safe Streets and Roads for All (SS4A) – Planning and Demonstration Grant for the US 6 Pedestrian Safety Improvements Project (the Project). This project would improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development and refinement and implementation focused on all users, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators. US 6 between Squaw Creek Rd (MM 163.4) and Kayak Ct (MM 173.5) in Eagle County, Colorado is a 10-mile long corridor that is critical to local commuters using all modes of transportation and acts as the Main Street to the communities of Edwards, Avon, and Eagle-Vail. This section of US 6 hosts the main transit route for local commuters in Eagle County with 17 pairs of transit stops, 11 of which are midblock or uncontrolled intersections. There is a known safety issue along the corridor with high speeds, traffic volumes up to 11,000 vpd, and a lack of safe crossings between transit stops which has resulted in multiple fatalities. This project would study the corridor to develop a comprehensive safety action plan to identify and prioritize needed safety improvements and implement a demonstration project based on the action plan. We appreciate your consideration and respectfully request USDOT to prioritize funding to support this worthy proposal. Sincerely, Amy Phillips Mayor, Town of Avon, Colorado ATTACHMENT A Post Office Box 975 100 Mikaela Way Avon, CO 81620 Colorado Parks and Wildlife 6060 Broadway Denver, Colorado 80216 May 20, 2024 RE: Support for Human-Bear Conflict Reduction Community Grant Program Application Dear Human-Bear Conflict Reduction Community Grant Review Committee: The Town of Avon Colorado is writing to express strong support for Eagle County Government’s application to the Human-Bear Conflict Reduction Community Grant Program. Funding from this grant will be used to implement strategies and evidence-based solutions to prevent human-bear conflict throughout the county. The communities within Eagle County are located in or near bear habitat, and bear-human conflict occurs regularly, causing concerns for human safety and safety for bears. Grant funding will primarily be used for purchasing and distributing bear proof trash cans to underserved communities in need, and installing bear proof trash cans in public spaces. Based on Colorado Parks and Wildlife guidance as well as data from other communities that have had success, limiting trash as a food source for wildlife can reduce conflicts by as much as 50%, providing a practical long-term solution to mitigate human-bear conflict. Town of Avon supports implementing long-term solutions to reducing these conflicts. Thank you for your consideration of the Eagle County Government Human-Bear Conflict Reduction Community Grant application. Sincerely, Amy Phillips Mayor, Town of Avon, Colorado ATTACHMENT B Post Office Box 975 100 Mikaela Way Avon, CO 81620 Colorado Water Conservation Board ATTN: Ashley Garrison 1313 Sherman St., Room 721 Denver, CO 80203 June 26, 2024 RE: Support of funding for Eagle River Community Water Plan Phase 2 Dear Colorado Water Conservation Board, The Town of Avon Colorado is writing to express support for the Eagle River Community Water Plan (“ERCWP”) Phase 2 funding request, coordinated by Eagle River Coalition. The ERCWP has utilized a stakeholder process to identify the environmental and recreational flow needs in the Eagle River and assess its current impairments and how those may change with future water supply development and a changing climate. This planning process and effort has built consensus surrounding the future of our watershed, outlining community values surrounding our rivers and strategies to protect those. In order to protect the river-centric values of our community, moving the recommendations within the ERCWP are critical and timely. As such, Eagle River Coalition seeks to expand capacity, develop local funding sources and bring forward projects and programs to secure a vibrant water future in the Eagle River Watershed. The Avon Town Council passed Resolution 24-18 adopting the ERCWP. The Town uses the plan as a guide to develop future priorities, allocate resources and work to secure a vibrant future for the Eagle River and its tributaries. Therefore, the Avon Town Council supports this next logical step to kick off Phase 2 of the Eagle River Community Water Plan. Thank you for your consideration of the Eagle River Community Water Plan (“ERCWP”) Phase 2 funding request. If you have any questions in regards to our support, please do not hesitate to contact me directly at aphillips@avon.org. Sincerely, Amy Phillips Mayor, Town of Avon, Colorado ATTACHMENT C Post Office Box 975 100 Mikaela Way Avon, CO 81620 Colorado Parks and Wildlife ATTN: Layton Stutsman 6060 Broadway Denver, CO 80216 July 10, 2024 RE: Support of Application for Regional Partnership Grant for the Eagle County Community Wildlife Roundtable Dear Regional Partnership Initiative Review Community The Town of Avon Colorado is writing to express support for the application to Colorado Parks and Wildlife (CPW) for the Regional Partnership Grant submitted by the Eagle County Community Wildlife Roundtable (ECCWR). The ECCWR represents a diverse group of stakeholders with a shared vision for thriving wildlife and a local community that embraces the value of a diverse wildlife population. The ECCWR serves to protect and enhance wildlife and their habitats for future generations, and has completed extensive work to help community members, professional organizations, and local governments make informed land use decisions with respect to wildlife impacts and environmental resilience. The ECCWR intends to continue its positive action and develop enduring solutions to the complex wildlife issues in Eagle County. In order to protect and enhance local wildlife and habitats, the ECCWR has an expressed objective to address data gaps in order to develop informed recommendations, and create buy-in from critical partners including land managers and municipalities. The ECCWR specifically intends to build a robust, science-based Wildlife Decision Support Tool that will incorporate a scientific approach to craft conservation priorities, and create an implementation plan for landscape scale collaborative conservation projects. As such, ECCWR seeks to expand funding sources to bring this project forward, and secure a vibrant future for wildlife in Eagle County. Therefore, the Avon Town Council supports this next logical step to apply for grant funding from CPW, and develop the Wildlife Decision Support Tool. Thank you for your consideration of the Eagle County Community Wildlife Roundtable funding request. If you have any questions in regards to our support, please do not hesitate to contact me directly at aphillips@avon.org. Sincerely, Amy Phillips Mayor, Town of Avon, Colorado ATTACHMENT D (970)748-4087 ewood@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: Digital Accessibility Compliance DATE: July 10, 2024 SUMMARY: This report provides an update on Avon’s efforts toward digital accessibility. Colorado House Bill (HB) 21-1110 requires state and local public entities to meet established website accessibility standards. Under the law, government websites must provide reasonable accommodations for people with disabilities. BACKGROUND: Colorado House Bill 21-1110 (HB21-1110), also known as the Colorado Laws for Persons with Disabilities, enhances protections against discrimination for individuals with disabilities. This bill, under the Colorado Anti-Discrimination Act (CADA), makes it unlawful for any person or government entity in Colorado to discriminate against individuals with disabilities. House Bill 21-1110 expands this prohibition by defining discrimination to include two standards: 1.It is discrimination to exclude an individual with a disability from participation in or being denied the benefits of services, programs, or activities provided by any Colorado government entity. 2.It is discrimination for any Colorado government entity to fail to develop an accessibility plan by July 1, 2022, and to fail to fully comply with accessibility standards developed by OIT by July 1, 2024. On April 25, 2024, HB24-1454 was signed into law granting a one-year extension to HB21- 1110. The new date for compliance is July 1, 2025. The new language specifically applies to accessibility of government information technology and expands the state's accessibility standards to include all individuals with disabilities, as defined by the ADA . Other key aspects of HB21-1110 include: 1.Scope of Accessibility: o The standards apply to all digital content, including websites, applications, documents, video, and audio. This encompasses both public-facing and internal-facing technologies used by government employees. 2.Enforcement and Penalties: o Individuals who face discrimination due to non -compliance can bring a civil action against the government entity. o Penalties for non-compliance can include court orders, monetary damages, attorney’s fees, and statutory fines of $3,500 for each violation payable to the individual with a disability. 3.Responsibilities of State and Local Entities: o Local government entities must develop an accessibility plan and comply with the standards but are not required to submit their plans to OIT. 4.Undue Burden & Fundamental Alterations: o Public entities must conform with technical standards up to the point that they would experience an undue burden or a fundamental alteration in the nature of their service, program or activity or would pose a direct threat to the health and safety of others. Page 2 of 2 The bill aims to ensure that all individuals with disabilities have equal access to government services and information, promoting greater inclusivity and reducing barriers to participation. Town staff have kept detailed records of the timeline and all efforts related to Digital Accessibility Compliance, as recommended by Civic Plus during the initial planning process. All meeting and training dates can be found in Attachment B: Digital Accessibility Timeline. A new Accessibility & Website Assistance page was created in March and continues to be updated. Staff will continue to use Microsoft Word accessibility tools to ensure that documents being uploaded to the Avon.org website are digitally accessible and do not require further remediation. The website currently has approximately 3,000 PDFs that total more than 180,000 pages in need of remediation. Procurement of document remediation software through purchase or a SIPA grant will allow staff to begin additional remediation. FINANCIAL CONSIDERATIONS: The 2024 budget includes $5,000 for ADA Compliance. Thus far, $2,000 has been allocated for closed captioning technology for Avon Town Council meetings. Town staff has been reviewing proposals for standalone accessibility software as well as document remediation software and services. The cost for these services ranges from over $10,000 annually for a software license and training to pay as you go ‘white glove service’ for document remediation ranging from $1 -3 per page. Staff recommends budgeting $7,000 in the 2025 budget for Digital Accessibility Compliance. COUNCIL DIRECTION: This report is informational; no Council action is required. Thank you, Liz ATTACHMENT A: Avon’s Digital Accessibility Policy ATTACHMENT B: Digital Accessibility Timeline (April 2022 – July 2024) ATTACHMENT C: Digital Accessibility Grievance Procedure Form (970) 748-4087 ewood@avon.org RE: Digital Accessibility Policy DATE: July 10, 2024 Introduction The Town of Avon is committed to providing online services that are accessible to the widest possible audience, regardless of technology or ability. Our goal is to deliver an online experience that achieves “Level AA” conformance according to the Web Content Accessibility Guidelines v2.1 (WCAG 2.1). The following accessibility plan assists with a long-term strategic approach to continue improvements to the accessibility of Town Information. This document summarizes the Town’s current position and website accessibility, transition plan, and ongoing management plan. Overview of Colorado Laws for Persons with Disabilities (HB21- 1110) On June 30, 2021, the HB21-1110 Act was signed. This act added language to strengthen the current Colorado law for protection against discrimination against persons with disabilities. This specifically relates to accessibility with government information technology. The added provisions include: • Prohibiting a person with a disability from being excluded from participating in or being denied the benefits of services, programs, or activities of a public entity or a state agency • Clarifying that such prohibition includes the failure of a public entity or state agency to develop an accessibility plan and fully comply, on or before July 1, 2024, with accessibility guidelines established by the office of information technology (OIT). • On April 25, 2024, HB24-1454 was signed into law granting a one-year extension to HB21-1110. The new date for compliance is July 1, 2025. • Any Colorado agency with the authority to promulgate rules shall not promulgate a rule that provides less protection than that provided by the "Americans with Disabilities Act of 1990" Avon’s Digital Accessibility Policy – Updated July 10, 2024 In accordance with Colorado Laws for Persons with Disabilities (HB21-1110), the Town of Avon must provide persons with disabilities equal access to town programs, services, and activities, including those programs, services, and activities that are made available through town websites and other online technology. This policy has been developed to promote equal access to such programs, services, and activities provided through the town to persons with disabilities. This policy applies to all online technologies, including town customer facing websites, mobile applications, electronic communication, and digital documents such as portable document format (PDF). Policy Statement 1. New and redesigned web content published on the town’s online technologies after July 1, 2025 will conform to WCAG 2.1 Level AA compliance, with the exception of content specifically excluded from this policy. 2. Existing web content published prior to the effective date of this policy will either be archived or modified to conform to WCAG 2.1 Level AA compliance or to the maximum extent feasible, with the exception of content specifically excluded from this policy. Web content hosted on town public websites will be evaluated, prioritized, and scheduled for remediation no later than January 1, 2025. Page 2 of 3 3. No particular technology or design approach is required. The aim is to maximize access to and use of the town’s online technologies by persons with disabilities. Exclusions 1. Town customer facing websites, mobile applications, digital screens, electronic communication, and digital documents that have been archived are not subject to the standards referenced in this policy. 2. Syndicated content is excluded from this policy such as social media streams. 3. The below document types can be added to our online services with the following disclaimer and a short summary under the document hyperlink: Upon request the town will make reasonable accommodations for alternative access to the documents listed below. Submit the request here. a. Blueprints b. Architectural drawings c. Diagrams displaying information that is also provided in narrative text d. Complex and/or atypical images and diagrams e. Scanned historical publications f. Handwritten correspondence g. Technical drawings h. Site plans, development plans, and maps i. Complex and comprehensive tables and charts j. Documents or document types identified by the Accessibility Prioritization Committee as having no- to-low impact on users of assistive technology or documents that contain information that is available in an alternative and accessible format k. Any image where there is no logical methodology to create an alternate description that will make the image understandable to assistive technology. 4. Upon request the town will make reasonable accommodations for alternative access to the online technologies that are excluded from this policy. Grievance Procedure Online accessibility-related grievances should be submitted in an online or paper form submittal and contain information about the alleged accessibility problem. This is the information required to submit a grievance: 1. Name of the person initiating the grievance 2. Address 3. Phone number 4. Program or location of the grievance 5. Date 6. Description of the problem Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be accepted for persons with disabilities upon request. Though personal details are required to adequately record and respond to the grievance, these details will be treated with the utmost confidentiality except as required otherwise by Colorado Open Records Act. Page 3 of 3 The grievance can be submitted online or mailed to: Town of Avon Attn: ADA Coordinator PO Box 975 Avon, CO 81620 970-748-4000 Email: info@avon.org Within 14 calendar days after receipt of the grievance, a member of the town’s accessibility committee will contact the person initiating the grievance to discuss the problem and the possible resolutions. Within 30 calendar days of the meeting, the accessibility committee will respond in a format accessible to the complainant. The response will explain the position of the town and offer options for a resolution. If the response by the accessibility committee does not satisfactorily resolve the issue, the complainant or their designee may appeal the decision within 30 calendar days after receipt of the response to the Town Attorney’s Office. Recent Action Steps April 5, 2024 – Met with officials from Colorado Office of Information Technology. Slides available here. April 9, 2024 – Published updated Accessibility & Website Assistance Page on Avon.org April 15, 2024 – ADA Compliance Manual to Accessibility Committee April 18, 2024 – Content training for ADA Compliance on Avon.org May 13, 2024 – Accessibility Committee Meeting May 17, 2024 – Discover Avon content review and remediation May 29, 2024 – Accessibility Committee Meeting July 16, 2024 – Staff applied for SIPA grant for 25 Common Look licenses July 23, 2024 – Digital Accessibility Update Provided to Avon Town Council Compliance Tools & Resources • Civic Plus Guide to Accessible Content • Civic Plus Accessibility Checklist • April 5, 2024 Office of Information Technology Slideshow • State IT Accessibility Adoption Planning Template • Accessibility Law and Planning for Local Governments 2023 • Digital Accessibility Fundamentals • How To: Accessible Website Content (970) 748-4087 ewood@avon.org RE: Digital Accessibility Compliance DATE: April 2022 – June 2024 2022 April 14: Council approves Resolution 22-07, restating and affirming the Town’s commitment to the Americans with Disabilities Act and subsequent amendments to that Act. 2023 May 16: Intro call with Code Mantra to discuss document remediation. The software ensures documents meet WCAG standards making them accessible to people with disabilities June 30: Intro call with Allyant July 10: Allyant product demo; Common Look PDF remediation software, recommendations for achieving digital inclusivity and compliance August 11: Civic Plus call with Don Torrez and Michelle Beckett to discuss digital inclusivity and the Avon.org Civic Plus website. Don’s top suggestion was implementing this timeline to document efforts toward digital inclusivity. August 18: Civic Plus video call with David Herr from Allyant, Don Torrez and Michelle Beckett from Civic Plus to discuss budget friendly document remediation, software tools and training to create accessible content moving forward September 26: Meet with Town Attorney Karl Hanlon to discuss ADA Compliance related to HB21-1110 October 5: CivicOptimize product demo; Discussed digitizing documents, obtaining electronic signatures, facilitating secure online payments and integrating systems and workflows December 12: 2024 budget approved and includes $5,000 for ADA Compliance 2024 February 5: Eagle County Public Information Officers set April 5,2024 as meeting with officials from Colorado Office of Information Technology February 12: Outline for internal ToA accessible content training created by Liz February 26: Site Improve demo; Focus on web governance and SEO optimization tools; Ensures compliance with WCAG guidelines March 1: Eagle County PIO Discussion about ADA Compliance in Eagle County; organizations shared what steps have been taken, what companies are setting the standard Page 2 of 3 March 4: Code Mantra demo; Software includes AccessibilityCheck & AccessibilityFix Modules or a full service document remediation White Glove Service is also offered Ongoing in March: Drafting ADA Compliance Manual and Policies for ToA; Preparing for internal training to review Avon.org website March 7: Code Mantra follow up & quote received March 11: Continue to update Digital Accessibility Plan; created grievance form on website; outline internal website training for page content. Continue researching PDF remediation internal options versus a white glove, outsourced service March 19: Call with Civic Plus re: Support ticket and accessibility widget March 20: Call with Civic Plus; scheduled follow up call for April 4 March 25: Shared updated Accessibility Plan & Timeline with training materials for Town staff; Internal website content training set for April 18 March 27: Created new Accessibility & Website Assistance page (published on April 9) that includes the Digital Accessibility Policy, exclusions to the policy and a grievance procedure April 4: Civic Plus Call re: Audio Eye and Monsido product demos for site scanning and PDF remediation April 5: Met with Eagle County PIOs and state officials from OIT; attended by Robert, Ineke and Liz April 9: Publish updated Accessibility & Website Assistance Page on Avon.org April 10: Leadership Team discussion about ADA Compliance and upcoming trainings April 12: Draft of ADA Compliance Manual to Ineke, Patty, Robert, Carlos & Miguel; Scheduled Digital Accessibility Update Meeting for May 8 April 15: Creative Services updated Civic Plus brand colors, styles and social icons to be ADA Compliant April 18: Internal website training for all ToA staff who create digital content for Avon.org April 25: HB24-1454 was signed into law granting a one-year extension to HB21-1110. The new date for compliance is July 1, 2025. May 13: ADA Compliance Committee Meeting (Carlos, Robert, Patty, Ineke, Liz, Miguel) May 17-24: Discover Avon content review and remediation May 29: ADA Compliance Committee Meeting (Carlos, Robert, Patty, Ineke, Liz, Miguel) June 7: Eagle County PIO discussion re: digital compliance Page 3 of 3 July 16: Town Staff applied for SIPA grant for 25 Common Look licenses. 970-748-4113 jshoun@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Jim Shoun, Mobility Manager RE: Transit Ridership Update DATE: July 10,2024 SUMMARY: This report updates Council on transit ridership from April to April. The overview includes overall ridership, in town buses (Red and Blue Line), shuttles to Beaver Creek (Ski and Restaurant shuttle) ridership and our new Wildridge Weekend service. Overall ridership was up 6% to over 510,000 rides provided to our residents and guests. In Town, we saw an 11% increase, while buses to Beaver Creek were down 2% from the previous year. The new Wildridge service was not as robust as hoped, but year two should be busier. Avon Transit saw several changes that began in November 2023. Avon implemented a new parking plan in the town core that limited free parking and imposed a fee after 3 hours. EVTA expanded their Vail-Avon-Beaver Creek service and made that route fare free. Avon Transit expanded, evening service between 6:00 and 10:00 pm from one route to two and also offered weekend ski shuttle service to residents in Wildridge. OVERALL RIDERSHIP: Since the down year in 2020 due to Covid, ridership has increased steadily. 2023- 2024 was no different. Ridership increased 6% to over 500,000 guests. A new record for Avon Transit. IN TOWN RIDERSHIP: In November of 2023, Avon extended it’s Red and Blue lines until 10:00 pm, eliminating the Night Rider Shuttle. Ridership increased significantly as a result. Avon provided ofver 340,000 rides on these two routes, again, an all time high. Higher ridership and new bus stops are stretching these routes thin. While capacity is not an issue, more stops and riders make it increasingly difficult to do these loops in 30 minutes. SHUTTLES TO BEAVER CREEK: Ridership on the Ski and Restaurant shuttles to Beaver Creek were surprisingly resilient. In November of 2023, Avon implemented a new parking plan in the Town core. ECO Transit dramatically increased service from Avon to Beaver Creek. Yet ridership was down only 2% from the previous year. The cancellation of the Birds of Prey races lowered that weekend’s ridership by 3000 rides, 970-748-4113 jshoun@avon.org Page 2 of 2 enough to account for the lower numbers itself. The Restaurant Shuttle ended March 31st, per Beaver Creek’s request, 16 days earlier than the previous year. WILDRIDGE WEEKEND SKI SHUTTLE: The inaugural year of the Wildridge shuttle was slow. 449 total rides were provided, an average of just over three per one way trip. However, there were some bright spots. Residents seemed to really like the service and many rode multiple days. There were also weeks that had high ridership and showed future potential. Year two usually provides a better understanding of demand and future potential. We received 2 Frequent comments on the shuttle. Riders wanted more stops and service on holidays. We have identified three additional locations that can be used as safe stops: Old Trail Rd and Draw Spur, Old Trail Rd and Saddle Ridge Loop, and Saddle Ridge Loop and Long Spur Rd. We will also add service from Dec26- Jan 5 as well as Monday January 20th (Martin Luther King Day) and Monday February 17th (President’s Day). During the 2023-2024 season, mobility used the existing Skier Backup Shuttle to cover these runs. These buses doubled as skier backups to pick up overflow passengers in the Town Core during upload They were essential to service between runs to Wildridge during download and were consistently full. On very busy days, we added yet another bus to ensure all guests received timely service. Any change to scheduled times would necessitate another driver, therefore, the schedule will remain roughly the same. Last year, we added a guest services employee at the Covered Bridge in the afternoons to assist passengers and help them find the correct shuttle. That was successful and we are planning on that again in 2024-2025. COUNCIL DIRECTION: This report is informational; no Council action is required. Thank you, Jim ATTACHMENT A: 2024-2025 Wildridge Stops ATTACHMENT B: 2024-2025 Wildridge Ski Shuttle Schedule ATTACHMENT A: 2024-2025 WILDRIDGE SKI BUS STOPS ATTACHMENT B: 2024-2025 WILDRIDGE SKI SHUTTLE SCHEDULE MEMORANDUM TO: Board of Directors FROM: Brian Thompson, Government Affairs Supervisor DATE: July 19, 2024 RE: Summary of Authority’s June 27, 2024, Board Meeting The following is a summary of items discussed at the Authority’s June 27, 2024, board meeting. Directors present and acting were Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Joanna Kerwin, and alternate director Eric Heil. 2023 Audit Directors approved the FY 2023 Audited Financial Statement. Paul Backes (McMahan & Associates) said UERWA received an unmodified opinion with no recommendations or concerns. Policy Updates Directors approved a new digital accessibility policy. Directors also sunsetted an outdated policy for use-based tap fee calculation and adopted an amended policy reaffirming tap fees for public facilities. Water Affordability Siri Roman discussed ongoing efforts to raise awareness with lawmakers and regulatory agencies around issues affecting water affordability. Eagle Park Reservoir Company Siri Roman said Eagle Park Reservoir Company operating assessments are lower in the FY25 budget due to decreased repair and maintenance costs. Molybdenum Standards Siri Roman said the Colorado Water Quality Control Commission voted to relax the water supply standard for molybdenum by raising it from 210 ug/L to 530 ug/L. Bolts Lake Update Jason Cowles reported on the project management and comprehensive permitting plans for Bolts Lake and provided updates on project funding. Water Shortage Response Plan Page Weil (LRE Water) presented the Water Shortage Response Plan (WSRP) that provides an updated framework for responding to water supply shortages in the Eagle River Basin. District staff and consultants will continue to finalize the WSRP and present it for board approval at a future meeting. Avon Wastewater Treatment Facility Open House Diane Johnson said a celebration of the $57M Avon Wastewater Treatment Facility (AWWTF) Nutrient Upgrades project will be held from 10 to 11:30 a.m. on July 24. Community members are invited to attend; tours will be offered to the public. Consumer Confidence Reports Diane Johnson distributed copies of the 2023 Consumer Confidence Report, which was mailed to all water customers prior to the June 30 regulatory deadline. Bolts Ditch Act Kristin Moseley said the Bolts Ditch Act was included in a hearing before the U.S. Senate Subcommittee on Public Lands, Forests, and Mining of the Committee on Energy and Natural Resources. As hearings have now been held by both the House and Senate, the Bolts Ditch Act is eligible to be included in an omnibus bill.