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TC Packet 12-13-2022_______________________________________________________________________________ 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, December 13, 2022 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 5:00 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may request one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS PART I. 5.1. Swearing in of New Officers and National Night Out Awards (Chief of Police Greg Daly) (25 Minutes) 5:05 5.2. Public Hearing: Second Reading Ordinance 22-16: Approving International Building Codes (Planning Director Matt Pielsticker) (30 Minutes) 5:30 5.3. Public Hearing for the Adoption of the 2022 Final Revised Budgets, 2023 Operating Budget, 2023 Capital Projects Fund Budget & Long-Range Capital Program and Tax Levies (Finance Director Scott Wright) (30 Minutes) 6:00 o Resolution 22-26, Amending the 2022 Town of Avon Operating Funds Budgets o Resolution 22-27, Amending the 2022 Town of Avon Capital Projects Fund Budget o Resolution 22-28, Adopting the 2023 Town of Avon Operating Funds Budget o Resolution 22-29, Adopting the Town of Avon Long-Range Capital Program and Simultaneously Adopt the 2023 Capital Projects Fund Budget o Resolution 22-30, Levying General Property Taxes for the Avon General Improvement District No. 1 for the 2023 Budget Year o Resolution 22-31, Levying General Property Taxes for the Town of Avon for the 2023 Budget Year RECESS to allow Avon Town Council to Convene as the Avon Urban Renewal Authority Board See attached Avon Urban Renewal Authority Agenda (10 Minutes) 6:30 RECONVENE the Avon Town Council Meeting 6. MINUTES 6.1. Approval of November 15, 2022 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) (5 Minutes) 6:40 7. OUTGOING COUNCIL 7.1. Proclamations in Appreciation of Service (10 Minutes) 6:45 o A Proclamation Thanking Scott Prince for His Years of Service (Mayor Smith Hymes) o A Proclamation Thanking Sarah Smith Hymes for Her Years of Service (Mayor Pro Tem Amy Phillips) 7.2. Outgoing Council Comments (15 MINUTES) 6:55 _______________________________________________________________________________ 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. 8. BUSINESS ITEMS PART II. 8.1. New Council Swearing In and Election of Officers (35 minutes) 7:10 A. Reading the Names of Newly Elected Council Members (Town Clerk Miguel Jauregui Casanueva) B. Swearing In and Seating of New Council members (Judge Buck Allen) C. Election of Mayor and Mayor Pro Tem 1. Roll Call of New Council 2. Nominate and Elect a Temporary Chairperson 3. Nominate and Elect Mayor a. Nominations b. Statements by Nominees c. Ballot Voting d. Reading of Ballots 4. Nominate and Elect Mayor Pro Tem a. Nominations b. Statements by Nominees c. Ballot Voting d. Reading of Ballots 8.2 Resolution No. 22-33: Appointing member to the Eagle Valley Transportation Authority (Town Manager Eric Heil) (10 Minutes) 7:45 8.3 Resolution 22-25: Appointing Buck Allen as Municipal Judge for Town of Avon (Deputy Town Manager Patty McKenny and Town Clerk Miguel Jauregui Casanueva) (5 Minutes) 7:55 8.4 Notice of Award, Recreation Center and Heat Recovery Controls Replacement Project (Town Engineer Justin Hildreth) (5 Minutes) 8:00 8.5 Resolution 22-32: Supporting the Recycling Resources Economic Opportunity (RREO) grant application (Sustainability Coordinator Charlotte Lin) (5 Minutes) 8:05 9. WRITTEN REPORTS 9.1. Construction and Road Closure Update (Town engineer Justin Hildreth) 9.2. Disclosure of Gifts Received (Town Clerk Miguel Jauregui Casanueva) 9.3. November 9th Finance Committee Meeting Minutes (General Government Manager Ineke de Jong) 9.4. November 15th and December 6th Planning and Zoning Commission Meeting Abstracts (Planner 1+ Max Morgan) 9.5. November 17th CASE Committee Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 9.6. Avon Pumpkin Compost Program Outcome (Sustainability Coordinator Charlotte Lin) 9.7. Summary of E-Bike Share Program (Transit Operations Manager Jim Shoun) 9.8. Upper Eagle Regional Water Authority Sept 22, 2022 Board Meeting Summary (Mayor Sarah Smith Hymes) 9.9. Upper Eagle Regional Water Authority Oct 27, 2022 Board Meeting Summary (Mayor Sarah Smith Hymes) ** Indicates topic will be discussed at future agenda’s 10. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:10 11. ADJOURN 8:25 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the _______________________________________________________________________________ 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. public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON URBAN RENEWAL AUTHORITY MEETING AGENDA TUESDAY, DECEMBER 13, 2022 MEETING BEGINS AT 6:30 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON URBAN RENEWAL AUTHORITY MEETING IS SCHEDULED TO BEGIN AT 6:30PM. THIS START TIME IS APPROXIMATE AND COULD START EARLIER OR LATER THAN 6:30PM. 1. CALL TO ORDER AND ROLL CALL 6:30 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. BUSINESS ITEMS 4.1. PUBLIC HEARING FOR THE ADOPTION OF THE 2023 PROPOSED AND 2022 FINAL REVISED AVON URBAN RENEWAL AUTHORITY ANNUAL BUDGETS (TREASURER SCOTT WRIGHT) (5 Minutes) 6:30 • RESOLUTION 22-01, AMENDING THE 2022 AVON URBAN RENEWAL AUTHORITY BUDGET • RESOLUTION 22-02, SUMMARIZING EXPENDITURES AND REVENUES AND ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2023 AND ENDING ON THE LAST DAY OF DECEMBER 2023 5. APPROVAL OF DECEMBER 14, 2021 URA MEETING MINUTES (AUTHORITY CLERK BRENDA TORRES) (5 Minutes) 6:35 6. ADJOURNMENT 6:40 *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Smith-Hymes and Avon Town Council members FROM: Chief Greg Daly RE: Promotional Swearing in and Badge Pinning Ceremony for Master Sergeant Jonathan Lovins, Sergeant John Mackey, Officer John DeGhetto, Officer Michael Emery and Officer Rio Burgess DATE: December 13, 2022 Swearing In and Badge Pinning Ceremony Tonight, we will join Master Sergeant Jonathan Lovins, Sergeant John Mackey, Officer John DeGhetto, Officer Michael Emery and Officer Rio Burgess and their families as they take their oaths as newly promoted Master Sergeant, Sergeant and Police Officers and receive their badges. Master Sergeant Jonathan Lovins has honorably served in law enforcement for twenty (20) years. Master Sergeant Lovins has worked with the Avon Police Department since December 2002. He was promoted to the rank of Sergeant in October 2007. Master Sergeant Lovins has also served on the Eagle County Special Operations Unit for sixteen (16) years. To qualify as a Master Sergeant with the Avon Police Department, a member must complete a total of twenty years of law enforcement service and have served as a Sergeant for at least ten (10) years. Sergeant John Mackey has worked for the Avon Police Department since February 2017. He promoted to Sergeant in June 2022. He previously worked in the hospitality/bar business. He also coached Olympic Half Pipe Free Style Skiing for ten (10) years. He is a third generational police officer. His great grandfather, Karl Brandt was a Denver Police Department Detective and John’s father, Chief John Mackey was Chief of Police of Edgewater, Colorado, before he retired. Officer John DeGhetto previously served as a detention’s Deputy Sheriff at the Eagle County Detentions Facility for eight years. Prior to that, he was a motorcycle mechanic. Officer DeGhetto and Officer Emery graduated from the police academy in August 2022. Officer Michael Emery served as a detentions Deputy Sheriff at the Eagle County Detentions Facility for three years. Prior to that, he served as a firefighter for four (4) years for the Grand Fire Protection District #1. Officer Rio Burgess was born in Canada and educated in both Canada and the United States. Officer Burgess previously served as a firefighter in fire departments in the US and Canada since 2012. Most recently he served with Vail Fire and Emergency Services as a firefighter and then as a fire inspector, certified as a fire and arson investigator. In his spare time, he became a state certified death investigator while working as deputy coroner with Eagle County coroner’s office. He just graduated from police academy on December 8th. Page 2 of 2 It is a long-standing tradition in the Law Enforcement profession that a Badge Pinning Ceremony is held upon completion of the Police Academy, and then upon subsequent promotions. The badges are the visible signs of his or her role, responsibilities, authority, and trust within our community. Mayor Smith-Hymes will preside over the swearing-in. The Oath of Office will be administered by Town Clerk Miguel Jauregui Casanueva. Master Sergeant Lovins’s wife Megan will pin her badge. Sergeant John Mackey’s grandmother, Cathy Humann and Uncle Dave Humann will pin his badge. Officer John De Ghetto’s wife, Eunice will pin his badge. Officer Michael Emery’s girlfriend, Bri will pin his badge. Officer Rio Burgess’s wife, Martha and his daughters will pin his badge. Congratulations to Master Sergeant Lovins, Sergeant Mackey, Officer John DeGhetto, Officer Michael Emery and Officer Rio Burgess. Thank you, Chief Greg Daly ### (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Smith-Hymes and Avon Town Council members FROM: Chief Greg Daly RE: Recognition of Community Members/Organizations/ Businesses for Support of National Night Out DATE: December 13, 2022 SUMMARY: Honorable Mayor and Council, we are delighted to have the opportunity to present the Chiefs Community Partnership Award to community members, organizations, and businesses for their phenomenal support of our annual National Night Out activities in August. BACKGROUND: For the last sixteen (16) years, the Avon Police Department has participated annually (except for COVID) in National Night Out events with the Avon community on the first Tuesday of every August. This year, the department continued to host the community parties in three neighborhoods: The Aspen’s Mobile Home Park, Eaglebend Apartments and the O’Neil Spur Park in Wildridge. Avon PD continues to lead the county in the number of community parties that we individually host. This event is significant in continuing to strengthen relationships between the Town of Avon, the Avon Police Department, and our community. It is also an opportunity to interact with neighbors, friends, and area first responders. National Night Out was developed with an emphasis on the vital importance of police-community partnerships and citizen involvement to reduce crime and improve neighborhood safety. The Avon Police Department has been successful in our National Night Out activities because of the generous giving of local businesses and community members. This year, Chief Daly and his team are honored to recognize several businesses and community members in front of the Avon Town Council for their continued support and/or significant giving over the last sixteen (16) years. Many other members of the community have supported National Night Out and our staff at the Avon Police Department wish to thank them as well. Tonight, we honor the following individuals and organizations. Not all the mentioned individuals or organizations can attend tonight but we will ensure that they receive an Avon Police Department Chiefs Community Partnership Award on behalf of the Town of Avon.  Walmart- Sigrid Escalante  Home Depot- Robbie Doman  R farmers Market- Adam Rosario  Blue Moose Pizza- Brian Nolan  Bobs Place- Sarah Sprinkler  Mountain Life Calvary Chapel—Pastor Michael Carlton Page 2 of 2  Chase Bank- Margaret Martinez  Gondola Pizza- Eva Klejova  Sergeant B. Herrera (DJ)  Jordan Lyles (DJ)  Omar Loya (DJ) We also recognize all of the other businesses, organizations, and individuals for their support of this great community event: Alpine Bank, Agave, Aspen Trailer Park, Avon Liquor, Columbine Bakery, Domino’s Pizza, Polar Star Properties, Ein Prosit, Foods of Vail, Home Outfitters, Hybrid Nation MMA, Jazzy nails, Kim Greene, Kiwi, Mountain K9, Nest Furnishing, Pho Bay, Sauce on the Creek, Sweet Pea Design, Vail Lights, Venture Sports, Wishes, Pazzo’s, High Gear Cyclery, Warehouse Wine, Vail Country Club, Fiesta Jalisco, Inyodo Martial Arts, Nozawa, Sun & Ski, Augustina Del Hoyo, Wells Fargo, Mountain Youth, Eagle County Emergency Management, Mountain Youth, Transition Sports and Aspen House of Bounce. Thank you, Chief Greg Daly ### 970.748.4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, AICP, Planning Director Derek Place, Building Official RE: PUBLIC HEARING: Second Reading of Ordinance 22-16 Adopting the 2021 International Building Codes DATE: December 13, 2022 SUMMARY: The International Building Codes (“IBC”) are revised every three years. The Town of Avon adopts every other code cycle, or every six years. Currently, the Town enforces the 2015 edition. The attached Ordinance (“Attachment A”) was approved on first reading November 8, 2022; it is drafted to adopt the 2021 International Building Codes. with local amendments. The Ordinance also approves amendments to the Fire Code (“Attachment B – ERFPD Amendments”) as adopted by the Eagle River Fire Protection District (“ERFPD”). Exhibit A to Ordinance 22-16 includes Chapter 15, Avon Building Code, in a complete repealed and reenacted format. This will be a noticed Public Hearing and Second Reading for Council consideration. Additional information on automatic sprinkler system requirements is included. Direction was provided during approval of first reading to return with information on how this would affect Community Housing projects. COUNCIL OPTIONS: Town Council has the following options with respect to Ordinace 22-16:  Approve Second Reading of Ordinance 22-16 as drafted;  Approve Second Reading of Ordinance 22-16, exempting single-family, duplex and townhomes from Section R313 – Automatic Sprinklers;  Approve Second Reading of Ordinance 22-16, with other amendments.  Continue to a future specified meeting date pending adidtional information; or CODE CHANGES: In addition to amendments that are administrative in nature, the following changes are highlighted for Council awareness:  Automatic Sprinkler Systems. The International Residential Code (“IRC”) has required automatic sprinkler systems for one, two-family, and townhomes since 2009. However, Avon has historically repealed this code section (R313). Construction cost to install these fire life safety systems has been voiced as a concern. In addition to saving lives of building occupants and firefighters entering structures, insurance premiums improve when systems are installed. The cost in install residential-grade sprinkler systems varies greatly depending on complexity of the structure, number of sprinkler heads, and of course square footage. Staff consulted with Western States Fire Protection Co, a frequent installer in our area. The pricing for smaller units measuring 1,500 square feet is estimated at $10,000 for steel or PEX (crosslinked polyethylene) material to $11,500 using copper. Recent quotes for large “complex” custom homes over 5,000 square feet run at approximately $50,000. Newer PEX tubing installation 970.748.4413 matt@avon.org Depending on the type of system installed, the water tap may increase from ¾” to 1” or 2. Tap fees for residential are based on square footage and not tap size, therefore costs for tap fees are unaffected. However, if the system required running a new line to a property, a road cut would be necessary. This cost varies depending on the location and distance from structures. At first reading Council requested more information on impacts to Community Housing projects. Most Community Housing projects are not single-family, duplex, or townhome construction, therefore, these regulations would apply as they currently do under the 2015 code edition. The Tract Y project would be subject to the automated sprinkler requirements if adopted, which is estimated to increase construction costs by $20,000 per unit. If Council desires to continue the exception, an alternative motion is presented below for consideration.  Temporary Certificate of Occupancy Timeframe. Currently, a Temporary Certificate of Occupancy is valid for three months, and eligible for three-month extensions. Staff proposes a six month duration for all Temporary Certificates of Occupancy to fall in line with IBC and typical construction cycles in mountain environments.  Ground Snow Loads. Based upon a localized study, snow loads will be adjusted to 8,200’ (not 8,600’) elevation threshold for two prescribed snow loads.  Fire Code. The adoption of the International Fire Code now specifically our local fire district by reference, and includes their amendments (“Attachment B – ERFPD Amendments”). These amendments will be posted on the Town’s website alongside other pertinent code information for designers and builders.  Factory Build Housing. Avon’s Building Code has included mobile home and manufactured housing unit minimum requirements. This section is redundant and unnecessary since manufactured housing is addressed in the IRC.  Property Maintenance Code. This code is redundant with municipal code functions and Staff recommends a separate local Ordinance if deemed necessary.  Swimming Pool and Spa Code [NEW]. This code is new and addresses safety requirements for all new pool and spa installations.  Wildland Fire Code. Our intention is to adopt the updated standards but return to Council in 2023 with a localized “hybrid” fire code that is developed with ERFPD staff and Eagle County’s Community Mitigation Manager. The Eagle County Community Wildfire Protection Plan (last revised 2011) is currently being updated and policy recommendations will be developed based upon community input and best practices. This code was discussed during previous hearings, and it was agreed to included with second reading for adoption, with consideration of another Ordinance in 2023 for more localized recommendations. CLIMATE ACTION: With adopting the (new) 2021 International Energy Conservation Code (“IECC”) comes inherent additional energy savings. Greenhouse Gas Savings are inherent when applying the new IECC standards, including the benefits outlined by Planner 1+ Max Morgan in the attached (“Attachment C – 2021 Code Adoption and Sustainability Impacts Update) analysis. In 2023, staff will be presenting additional “above-code” regulations including Electric-Ready. 970.748.4413 matt@avon.org PROCESS: Section 6.5 of the Avon Home Rule Charter provides for Ordinance passage procedures. This Ordinance is legislative in nature and no review by the Planning and Zoning Commission is required. Ordinances can be approved, tabled or continued by a vote of the Council. If approved on first reading, the Council shall set forth the day, time, and place for a public hearing and second reading. Once an Ordinance is approved on second reading, the Ordinance must be published in its entirety for thirty (30) days. PROPOSED MOTION: “I move to approve second reading of Ordinance 22-16, approving the International Building Codes, with local amendments, and setting forth a public hearing and second reading for December 13, 2022..” ALTERNATE MOTION – NO SPRINKLER: I move to approve second reading of Ordinance 22-16, approving the International Building Codes, with local amendments identified in Exhibit A, and with Section R313 repealed..” ATTACHMENTS: Attachment A: Ordinance 22-16, with Exhibit A – Chapter 15 Building Code Attachment B: Eagle River Fire Protection District Amendments Attachment C: Town of Avon 2021 Code Adoption and Sustainability Impacts Update Ord 22-16 Adoption of the 2021 International Building Codes Page 1 of 3 ORDINANCE NO. 22-16 ADOPTING THE 2021 INTERNATIONAL BUILDING CODES BY REFERENCE, REPEALING, RE-ENACTING AND AMENDING CERTAIN INTERNAIONAL BUILDING CODE CHAPTERS WITH LOCAL AMENDMENTS 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, The Town Council finds that the adoption of the 2021 International Building Codes will improve the standards for construction and maintenance of buildings and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, the Town Council desires to adopt the 2021 International Building Codes by reference with certain amendments as described in this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Adoption of International Building Codes. The Town Council hereby adopts the following codes by reference: (1)Building Code. The International Building Code, 2021 edition, published by the International Code Council; and (2)Residential Code. The International Residential Code, 2021 edition, published by the International Code Council; and (3)Electrical Code. The National Electrical Code, 2020 edition, published by the National Fire Protection Association; and (4)Plumbing Code. The International Plumbing Code, 2021 edition, published by the International Code Council; and ATTACHMENT A Ord 22-16 Adoption of the 2021 International Building Codes Page 2 of 3 (5) Mechanical Code. The International Mechanical Code, 2021 edition, published by the International Code Council; and (6) Fuel Gas Code. The International Fuel Gas Code, 2021 edition, published by the International Code Council; and (7) Fire Code. The International Fire Code, 2021 edition, published by the International Code Council; and (8) Pool and Spa Code. The International Swimming Pool and Spa Code, 2021 edition, published by the International Code Council; and (9) Wildland Fire Code. The International Wildland Urban Interface Code, 2021 edition, published by the International Code Council; and (10) Energy Code. The International Energy Conservation Code, 2021 edition, published by the International Code Council. Section 3. Local Amendments. The Town Council hereby repeals and reenacts Chapter 15 of the Avon Municipal Code in its entirety, consistent with “Exhibit A to Ordinance 22-16”, attached and incorporated by this reference. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall Ord 22-16 Adoption of the 2021 International Building Codes Page 3 of 3 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 8. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on November 8, 2022, and setting such public hearing for December 13, 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on December 3, 2022. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney Page 1 of 29 EXHIBIT A TO ORDINANCE 22-16 CHAPTER 15.02 Definitions 15.02.010 Definitions. The definitions set forth in this Chapter shall apply to all the Chapters in this Title and shall apply to all codes adopted in this Title. In the event of any conflict, the definitions in this Chapter shall apply first and take precedence, the definitions in the codes adopted by this Title shall apply next, and the definition of any word, term or phrase set forth elsewhere in this Code shall apply after the definition of codes adopted by this Title. Building Official means the person designated as the Building Official by the Town Manager. Person means a natural person, association, firm, limited liability company, partnership or corporation, trust or other legal entity. Town Attorney means the attorney appointed by the Town Council as the Town Attorney, the Town Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this Title, or the Town Prosecutor. CHAPTER 15.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations. (a) Unlawful acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use or occupy any building or structure in the Town, cause or permit the same to be done, or fail to comply with any lawful order or directive, which act is contrary to or in violation of any provision of any code, standard or regulation adopted by this Title, and any such unlawful act shall be deemed to be a violation of this Title. (b) Notice of violation. The Building Official shall serve a notice of violation or order for the erection, installation, alteration, extension, repair, removal or demolition of any work which violates any code adopted in this Title, any change in occupancy of any building or equipment regulated by any code adopted in this Title or any violation of any permit, certificate or condition of any permit or certificate issued under the provisions of any code adopted by this Title. The notice of violation shall be served upon the contact person designated in any active permit issued by the Town or the property owner of record according to the records of the County Assessor's Office or by posting the notice of violation in a conspicuous place on the property. The notice of violation shall cite the specific section or sections of the code or codes which are violated and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. (c) Prosecution of violation. If compliance with the notice of violation is not accomplished promptly, the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure, equipment or occupancy and to seek such fines, penalties, fees and restitution as may be appropriate. 15.04.020 Penalties. Any person who violates any provision of this code or any code adopted in this Title shall be punishable as set forth in Chapter 1.09 of this Code. In addition to other means provided by law, the Town may recover all costs and penalties imposed by certifying such amounts to the County Treasurer and such amounts shall be collected and paid over by the County Treasurer in the same manner as taxes are authorized in accordance with Section 31- 20-105, C.R.S. Page 2 of 29 15.04.030 Stop work orders. (a) Authority. The Building Official is authorized to issue a stop work order when the Building Official finds any work regulated by this Title, or any code adopted by this Title, being performed in a manner either contrary to the provisions of any code adopted herein or being performed in a dangerous or unsafe manner. (b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property upon which the violation has occurred or is occurring, to the owner's agent or to the person doing the work, or may be posted in a conspicuous manner on the property. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. The Building Official may also include conditions or directives in the stop work order to secure the property where appropriate due to unsafe conditions, soil erosion control, water quality degradation or other matters in which conditions on the property threaten the health, safety or general welfare of the public or threaten to negatively impact or damage other property. (c) Unlawful continuance. Any person who shall continue any work after a stop work order has been issued, except such work as may be directed to remove a violation, address an unsafe condition or secure the property, shall be deemed to be in violation of this Title and shall be subject to penalties as set forth in this Title. 15.04.040 Abatement of unsafe conditions, declaration of nuisance. (a) Declaration of public nuisance. Any use or condition of a property, structure or equipment regulated by this Title which constitutes an unsafe condition, unsanitary condition or hazardous threat to life, safety, health, public welfare or property by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be an unsafe condition. An unsafe condition is hereby declared to be a public nuisance. (b) Order of abatement. The Building Official or Town Attorney may take action to order the abatement of any unsafe condition. Unsafe conditions shall be abated by repair, rehabilitation, demolition or removal of the equipment or structure which poses unsafe conditions, or by securing such property, structure or equipment to restrict the use, accessibility or risk posed by the unsafe condition. The Building Official or Town Attorney shall issue an order of abatement in writing to the property owner which shall describe the action required to abate the unsafe condition and shall provide a time frame for compliance. No person shall use the structure or equipment constituting an unsafe condition after receiving such notice. (c) Failure to comply, abatement by Town. In the event the property owner fails to comply with an order of abatement within the time frame for compliance stated in such order, the Town may proceed to enter the property, abate the unsafe condition and correct the public nuisance. The Town shall post notice of the Town's intention to enter the property and abate the unsafe condition and public nuisance at least twenty four (24) hours in advance by posting written notice in a conspicuous place on the property, except where unsafe conditions warrant immediate abatement; in which case, the Town shall not be required to post written notice in advance of entering the property. (d) Disconnection of service utilities. The Building Official shall have the authority to authorize disconnection of utility services to the building, structure or system regulated by the technical codes in case of emergency, where necessary, to eliminate an immediate danger to life or property. Where possible, the owner or occupant of the building, structure or service system shall be notified of the decision to disconnect utility service prior to taking such action. If not notified prior to disconnecting the utility service, the owner or occupant of the building, structure or service systems shall be notified in writing as soon as practical thereafter. (e) Connection after order to disconnect. No person shall make connections from any energy, fuel, power supply, water distribution or other utility service or supply energy, fuel or water to any equipment regulated by this Title that has been disconnected or ordered to be disconnected by the Building Official or the use of Page 3 of 29 which has been ordered to be disconnected by the Building Official until the Building Official authorizes the reconnection and use of such equipment. (f) Recovery of costs, lien. The Town may recover the direct costs incurred for abatement of unsafe conditions, together with a fifteen-percent surcharge for administrative expense and eighteen percent (18%) interest per year on the total outstanding amount due to the Town. All costs, surcharges and interest shall be recoverable against the property owner. In addition to other means provided by law, the Town may recover all costs, surcharges and interest imposed by certifying such amounts to the County Treasurer, and such amounts shall be collected and paid over by the County Treasurer in the same manner as taxes are authorized in accordance with Section 31-20-105, C.R.S. CHAPTER 15.06 Board of Appeals 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. CHAPTER 15.08 International Building Code 15.08.010 Adoption. (a) The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted by reference with amendments. The Town adopts the 2021 International Building Code, Appendix E, Appendix H and Appendix J, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. (b) The 2021 International Building Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. Copies of the 2021 International Building Code are on file in the office of the Town Clerk and are available for inspection during regular business hours. Page 4 of 29 15.08.020 Additions or modifications. The 2021 International Building Code is amended and changed as described in Sections 15.08.030 through 15.08.140 below. 15.08.030 Section 104—Duties and Powers of Building Official. (a) Section 104.1, General, is amended to read as follows: 104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code. (b) Section 104.6, Right of entry, is amended to read as follows: 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal Code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. 15.08.040 Section 105—Permits. Section 105, Permits, is amended by the addition of the following language: 105.8 Contractor licensing. All contractors shall purchase a contractor license for conducting work within the Town of Avon pursuant to Chapter 5.18 of the Avon Municipal Code. 15.08.050 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended to read as follows: 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon. 15.08.060 Section 110—Inspections. Section 110.2, Preliminary inspection, is amended to read as follows: 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Site preparation inspection. The site preparation inspection shall include the staked property lines, setback lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractor's name shall be installed on the site and properly placed to be seen and read from the street and all necessary toilet facilities in place prior to this inspection being approved. Page 5 of 29 110.2.2 Culvert and driveway base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for Occupancy of the building. 110.2.3 Improvement Location Survey inspection. An Improvement Location Survey shall be prepared by a Colorado-licensed professional land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done when the forms are removed. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official and approved by the Town. 110.2.4 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado-licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height or within 18 inches of a setback line. The survey is to be done when the rough frame is completed and ready for inspection and shall show all pertinent elevations using the original benchmark. 15.08.070 Section 111—Certificate of Occupancy. (a) Section 111.2, Certificate issued, is amended by the addition of the following language: 111.2.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. 111.2.2 Cleanup, landscaping and general construction deposit. A cleanup, landscaping and general construction deposit ('deposit') is designed to provide security for all conditions contained in the temporary certificate of occupancy ('TCO'). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty-five percent of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this Chapter, is not completed within six (6) months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. (b) Section 111.3, Temporary occupancy, is amended by the addition of the following language: 111.3.1. Temporary Certificate of Occupancy. A temporary certificate of occupancy ('TCO') shall be valid for six (6) months. The Building Official may grant one TCO extension for up to six (6) months. Such extension shall be granted in writing. 111.3.2. Issuance of Temporary Certificate of Occupancy. The following shall be completed prior to the issuance of a TCO for all commercial and multi-family occupancies: Where the required cleanup, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in Page 6 of 29 accordance with Section 110.2.3.3. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. 15.08.080 Section 113—Means of Appeals. Section 113, Means of Appeals, is amended to read as follows: 113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code. 15.08.090 Section 115—Stop Work Order. Section 115, Stop Work Order, is amended to read as follows: 115.1 Authority. Whenever the Building Official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order. 15.08.100 Section 1603—Construction Documents. Section 1603, Construction Documents is amended by the addition of the following language: 1603.2 Boulder walls. Boulder walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the State of Colorado. 15.08.110 Section 1608—Snow Loads. Section 1608.2, Ground snow loads, is amended to read as follows: 1608.2 Ground snow loads. Snow load shall be 75 pounds per square foot for buildings and structures constructed at or below than 8,200 feet in elevation. Snow load shall be 90 pounds per square foot for buildings and structures constructed above 8,200 feet in elevation. 15.08.120 Section 1809—Shallow Foundations. Section 1809.5, Frost protection, shall be amended to read as follows: 1809.5 Frost protection. Except where otherwise protected from frost, foundations and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer; 2. Construction in accordance with ASCE 32; 3. Erecting on solid rock. Exception: Free-standing buildings meeting all of the following conditions shall not be required to be protected: 1. Assigned to Risk Category I; 2. Area of 600 square feet (56 m2) or less for light-frame construction or 400 square feet (37 m2) or less for other than light-frame construction; 3. Eave height of 10 feet (3048 mm) or less. Shallow foundations shall not bear on frozen soil unless such frozen condition is of a permanent character. 1809.5.1 Frost protection at required exits. Frost protection shall be provided at exterior landings for all required exits with outward-swinging doors. Frost protection shall only be required to the extent necessary to ensure the unobstructed opening of the required exit doors. 15.08.130 Section 3001—General. Section 3001, General, is amended by the addition of the following language: Page 7 of 29 3001.5 Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. 15.08.140 Appendix J—Grading. Section J101.1 is amended to read as follows: J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. Grading permits shall be permitted, regulated and enforced by the Town of Avon Engineer. 15.08.150 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Building Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter. 15.08.160 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Building Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.08.170 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.08.180 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Building Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Page 8 of 29 CHAPTER 15.10 International Residential Code 15.10.010 Adoption. (a) Section 6.9 of the Town Charter provides that standards codes may be adopted by reference with amendments. The Town adopts the 2021 International Residential Code, Appendix AJ and Appendix AT, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. (b) The 2021 International Residential Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. A copy of the 2021 International Residential Code is on file in the office of the Town Clerk and is available for inspection during regular business hours. 15.10.020 Additions or modifications. The 2021 International Residential Code is amended and changed as described in Sections 15.10.030 through 15.10.110 of this Chapter. 15.10.030 Section R101—Scope and General Requirements. Section R101.1, Title, is amended to read as follows: R101.1 Title. These regulations shall be known as the Avon Building Code. 15.10.040 Section R104—Duties and Powers of Building Official. (a) Section R104.1, General, is amended to read as follows: R104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code. (b) Section R104.6, Right of entry, is amended to read as follows: R104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code and of other provisions of the Avon Municipal Code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. 15.10.050 Section R108—Fees. (a) Section R108.2, Schedule of permit fees, is amended to read as follows: R108.2 Schedule of permit fees. On buildings, structures, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon. Page 9 of 29 (b) R108.4, Related fees, is amended by the addition of the following language: R108.4.1 Elevators and conveying systems fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (c) Section R108.6, Work commencing before permit issuance, is amended by the addition of the following language: R108.6.1 Contractor licensing. All contractors shall purchase a contractor license for conducting work within the Town of Avon pursuant to Chapter 5.18 of the Avon Municipal Code. 15.10.060 Section R109—Inspections. (a) Section R109.1.1, Foundation inspection, is amended by the addition of the following language: R.109.1.1 Foundation inspection. Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall included excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. R109.1.1.1 Improvement Location Survey inspection. An Improvement Location Survey shall be prepared by a Colorado-licensed professional land surveyor. The Improvement Location Survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done at the time of the foundation wall inspection. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official and approved by the Town. R109.1.1.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado-licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height or within 18 inches of a setback line. The survey is to be done when the rough frame is completed and ready for inspection and shall show all pertinent elevations using the original benchmark. (2) Section R109.1.5, Other inspections, is amended to read as follows: R109.1.5 Other inspections. In addition to inspections in Sections R109.1.1-R109.1.4, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with this code and any other Avon Municipal Code, standard, requirement or regulation. 15.10.070 Section R110—Certificate of Occupancy. Section R110, Certificate of Occupancy, is amended by the addition of the following language: R110.3.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction. R110.4.1 Conditions of a Temporary Certificate of Occupancy. Page 10 of 29 1. A temporary certificate of occupancy ('TCO') shall be valid for six (6) months. The Building Official may grant one TCO extension for up to six (6) months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a TCO for one- and two-family dwellings: Where the required cleanup, paving, landscaping or construction required for a certificate of occupancy is not complete, a TCO may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section R110.4.1. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. R110.5.1 Cleanup, landscaping and general construction deposit. A cleanup, landscaping and general construction deposit ('deposit') is designed to provide security for all conditions contained in the temporary certificate of occupancy ('TCO'). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty-five percent (25%) of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this chapter, are not completed within six (6) months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent (20%) of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent (12%) [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. 15.10.080 Section R112—Board of Appeals. Section R112, Board of Appeals, is amended to read as follows: R112.1 Appeals to Town Council. A person may appeal a decision of the Building Official to the Town Council in accordance with Chapter 15.06 of the Avon Municipal Code. 15.10.090 Section R114—Stop Work Order. Section R114.1, Authority, is amended to read as follows: R114.1 Notice to owner. Whenever the Building Official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order. Upon notice from the Building Official that any work is being prosecuted contrary to the provisions of this code, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume. 15.10.100 Table R301.2—Climatic and Geographic Design Criteria. Table R301.2, Climatic and Geographic Design Criteria, is amended to read as follows: TABLE R301.2 CLIMATE AND GEOGRAPHIC DESIGN CRITERIA Page 11 of 29 GROUND AND SNOW LOADS (psf) WIND DESIGN SEISMIC DESIGN CATEGORY SUBJECT TO DAMAGE FROM ICE BARRIER UNDER- LAYMET REQUIRED FLOOD HAZARDS AIR FREEZING INDEX MEAN ANNUAL TEMP Speed (mph) Topo- Graphical effects Special wind region Wind borne debris zone Weathering Frost line depth termite ≤ 8,200 ft.: 75 > 8,200 ft.: 90 115 No No No B SEVERE 48‘’ None to Slight YES, 100% Slight 2500 37.4 MANUAL J DESIGN CRITERIA Elevation Altitude correction factor Coincident wet bulb Indoor winter design dry-bulb temperature Indoor winter design relative Outdoor winter design dry-bulb temperature Heating temperature difference 7421’ 0.745 54 degrees 30% 70 degrees -5 degrees 75 degrees Latitude Daily Range Indoor summer design relative humidity Summer design gains Indoor summer design dry-bulb temperature Outdoor summer design dry-bulb temperature Cooling temperature 39.38 degrees N. H 50% -33 to -53 75 degrees 82 degrees 7 degrees 15.10.110 Appendix AT—Solar-Ready Provisions. Section AT103.9 (RB103.9), Electrical service reserved space, is amended to read as follows: AT103.9 (RB103.9) Electric service reserved space. The primary Electrical service installed must be a minimum of a 200-amp all-in-one solar ready load center for one- and two-family dwellings or townhouses. The supply conduit must be a minimum of 2 inches. 15.10.120 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Residential Code. named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.10.130 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Residential Code. named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Page 12 of 29 15.10.140 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.10.150 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Residential Code. named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.12 National Electrical Code 15.12.010 Adoption. The Town adopts the 2020 National Electrical Code, except as amended in this Chapter. The 2020 National Electrical Code is published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. A copy of the 2020 National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. Adoption of this code cycle is mandated by DORA (Department of Regulatory Agencies. 15.12.020 Administration—fees. Electrical permit applications and inspections will be administered by and through the Colorado State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For permit application and inspections, contact the DORA.) 15.12.030 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2020 National Electrical Code named in the title of this Chapter. "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." 15.12.040 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2020 National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Page 13 of 29 15.12.050 Repeal. The repeal or the repeal and reenactment of any provision of this code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provisions repealed or repealed and reenacted. 15.12.060 Validity. If any section, subsection, sentence, clause or phrase of the 2020 National Electrical Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. CHAPTER 15.14 International Plumbing Code 15.14.010 Adoption. The Town adopts the 2021 International Plumbing Code, Appendix B, Appendix C, Appendix D, Appendix E and Appendix F, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. The 2021 International Plumbing Code is published by the International Code Council, Inc., 500 New Jersey Avenue, N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2021 International Plumbing Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.14.020 Additions or modifications. The 2021 International Plumbing Code is amended and changed in Sections 15.14.030 through 15.14.100 of this Chapter. 15.14.030 Section 101—Scope and General Requirements. Section 101.1, Title, is amended to read as follows: R101.1 Title. These regulations shall be known as the Avon Plumbing Code. 15.14.040 Section 103—Code Compliance Agency. Section 103.1, Creation of agency, is amended to read as follows: Section 103.1 Creation of agency. The Department of Plumbing Inspection is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 15.14.050 Section 106—Permits. Section 106, Permits, is amended by the addition of the following language: Section 106.6 Licensing. Pursuant to Section 12-58-115 of the Colorado Revised Statutes, only qualified licensed plumbers may install Plumbing Systems as defined in Section 202 of the 2021 International Plumbing Code. 15.14.060 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended to read as follows: Page 14 of 29 109.2 Fees. All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town). 15.14.070 Section 305—Protection of Pipes and Plumbing System Components Section 305.4.1, Sewer depth, is amended to read as follows: 305.4.1 Sewer depth. Per Eagle River Water and Sanitation District (ERWSD) standards, building sewers shall be installed not less than 54 inches (1372 mm) below grade. 15.14.080 Section 306—Trenching, Excavation and Backfill. Section 306, Trenching, Excavation and Backfill, is amended by the addition of the following language: 306.5 Minimum Cover. The minimum cover for water supply and sewer piping, not under a building, shall be 54 inches per (ERWSD) standards, below finished grade. 15.14.090 Section 606.2—Location of shutoff valves. Section 606.2, Location of shutoff valves, is hereby amended to add Item 4, as follows, with the remainder of Section 606.2 to be adopted as-is: 4. On the fixture supply to each plumbing fixture other than bathtubs, showers and concealed wall- mounted faucets in one- and two-family residential occupancies, and in individual guest rooms in hotels, motels, boarding houses and similar occupancies, shutoff valves are required. 15.14.100 Section 906—Vent Pipe Sizing. Section 906.1, Size of stack vents and vent stacks, is amended by the addition of the following language: Section 906.1 Size of stack vents and vent stacks. Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than twelve (12) inches above the roof nor less than two (2) feet from any vertical surface. 15.14.110 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Plumbing Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this chapter." 15.14.120 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the 2021 International Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. 15.14.130 Repeal. The repeal, or the repeal and reenactment, of any provision of the Code as provided in this Chapter, shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision Page 15 of 29 repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.14.140 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Plumbing Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.16 International Mechanical Code 15.16.010 Adoption. The Town adopts the 2021 International Mechanical Code. Only the appendices specifically listed herein are adopted. The 2021 International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. A copy of the 2021 International Mechanical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.16.020 Additions or modifications. The 2021 International Mechanical Code is amended and changed as described in Sections 15.16.030 through 15.16.080 of this Chapter. 15.16.030 Section 101.1—Title. Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Mechanical Code. 15.16.040 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended by the addition of the following language: 109.2.1 Fee schedule. The fee for each permit shall be as set forth in the Town of Avon Fee Schedule A (as adopted by resolution of the Town Council). 15.16.050 Section 113—Means of Appeal. Section 113, Means of Appeal, is amended to read as follows: 113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code. 15.16.060 Section 903—Factory-Built Fireplaces. Section 903.3, Unvented gas log heaters, is amended to read as follows: 903.3 Unvented gas log heaters. Unvented gas fireplaces are prohibited. 15.16.070 Section 701—General. Section 701, General, is amended by the addition of the following language: Page 16 of 29 701.3 Type of construction. All buildings in the Town of Avon constructed after 1986 shall be considered to be of unusually tight construction and will draw all combustion air from the outside of the building. 15.16.080 Section 902—Masonry Fireplaces. Section 902, Masonry Fireplaces, is amended by to read as follows: 902.1—Definitions. EPA certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet EPA-certified standards. A list of certified wood stoves is available on the EPA's website. Gas burning appliance means a fully self-contained, U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper, and which does not permit the use of solid fuel. Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an approved vent. Exception: The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve. New technology wood stove means a solid-fuel-burning appliance capable of burning wood fuel which is certified by the EPA and listed in the Colorado Department of Public Health and Environment's web page under Air pollution control division, residential burning information. A new technology wood stove is one (1) which has been EPA-certified and meets the definition of EPA certified wood stove. A new technology wood stove-shall also include a pellet stove. Solid-fuel-burning device means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbeque devices used to cook food outdoors. 902.2 Fireplace accessories. Listed and labeled fireplace accessories shall be installed in accordance with the conditions of the listing and the manufacturer's instructions. Fireplace accessories shall comply with UL 907. 902.3 Regulations for fireplaces. One (1) New Technology wood stove shall be permitted in each dwelling unit constructed or the lobby of any hotel or lodge, provided that no new wood-burning or other solid fuel- burning fireplaces or other similar devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective, except that properties with solid-fuel-burning devices in existence as of February 25, 2021 shall be permitted to be replaced with one (1) new technology wood stove. 902.4 Coal usage prohibited. The burning of coal within the Town is prohibited. 15.16.090 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Mechanical Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter. 15.16.100 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the Page 17 of 29 provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.16.110 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision, or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.16.120 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Mechanical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.18 International Fuel Gas Code 15.18.010 Adoption. The Town adopts the 2021 International Fuel Gas Code and all appendix chapters thereto. The 2021 International Fuel Gas Code is published by the International Code Council, Inc., 500 New Jersey Avenue, N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2021 International Fuel Gas Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.18.020 Additions or modifications. The 2021 International Fuel Gas Code is amended and changed in Sections 15.18.030 through 15.18.060 of this Chapter. 15.18.030 Section 101—Scope and General Requirements Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Fuel Gas Code. 15.18.040 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended by the addition of the following language: 106.9.2.1 Fees. All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town). 15.18.050 Section 304—Combustion, Ventilation and Dilution Air. Section 304.1, General, is amended by the addition of the following language: 304.1 General. New construction completed after 1986 shall be considered unusually tight construction as defined by this code. Page 18 of 29 15.18.060 Section 404—Piping System Installation. Section 404.7, Protection against physical damage, is amended by the addition of the following language: 404.7 Protection against physical damage. Aboveground gas meters, regulators and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to the proximity to alleys, driveways or parking areas, shall be protected from such damage. 15.18.070 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Fuel Gas Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter. 15.18.080 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Fuel Gas Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.18.090 Repeal. The repeal or repeal and reenactment of any provision of the 2021 International Fuel Gas Code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.18.100 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Fuel Gas Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.20 International Fire Code 15.20.010 Adoption. (a) The Town adopts, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, the certain standards known as the 2021 International Fire Code. (b) The 2021 International Fire Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795. A copy of the 2021 International Fire Code is on file in the office of the Town Clerk and is available for inspection during regular business hours. Page 19 of 29 15.20.020 Additions or modifications. The 2021 International Fire Code is amended and changed as described in Sections 15.20.030 and 15.20.060. 15.20.030 Section 101—Scope and General Requirements. Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Fire Code. 15.20.040 Section 105—Permits. Section 105.1.1, Permits required, is amended to read as follows: 105.1.1 Permits required. Permits and inspections required by this code will be administered by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire department or the fire code official. Contact the Eagle River Fire Protection District for permit and fee information. 15.20.050 Section 111—Means of Appeals. Section 111, Means of Appeals, is amended to read as follows: 111.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official or designated representatives, relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the governing board of the Eagle River Fire Protection District plus a representative from the Town of Avon as appointed by the Avon Town Council. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. 111.1.1 Procedure for Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the fire code official or designated representative. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. 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 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 fire code official. The fire code official shall take immediate action in accordance with the decision of the board. 111.2 Limitations on Authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code. 15.20.060 Section 202—General Definitions. Section 202, General Definitions, is amended by the addition of the following language: Fire Department. The Eagle River Fire Protection District is the designated fire department in the Town of Avon. 15.20.070 Eagle River Fire Protection District Amendments. The Eagle River Fire Protection District's Amendments to the 2021 International Fire Code are adopted as Schedule A to this Chapter. Page 20 of 29 15.20.080 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Fire Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town of Avon or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." 15.20.090 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Fire Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.20.100 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.20.110 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Fire Code named in the title of this Chapter, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.22 International Swimming Pool and Spa Code 15.22.010 Adoption. The Town adopts the 2021 International Swimming Pool and Spa Code including all the appendices. The 2021 International Swimming Pool and Spa Code is published by the International Code Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2021 International Swimming Pool and Spa Code are on file in the office of Community Development and are available for inspection during regular business hours. 15.22.020 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Swimming Pool and Spa Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of the code or standards named in the title of this chapter. Page 21 of 29 15.22.030 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Swimming Pool and Spa Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.22.040 Validity. If any section, subsection, sentence, clause or phrase of the named in the title of this Chapter is for any reason held the 2021 International Swimming Pool and Spa Code to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. CHAPTER 15.25 International Wildland-Urban Interface Code 15.25.010 Adoption. The Town adopts the 2021 International Wildland-Urban Interface Code, Appendix A and Appendix B, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. The 2021 International Wildland-Urban Interface Code is published by the International Code Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2021 International Wildland-Urban Interface Code are on file in the office of Community Development and are available for inspection during regular business hours. 15.25.020 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Wildland-Urban Interface Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of the code or standards named in the title of this Chapter. 15.25.030 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Wildland-Urban Interface Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.25.040 Validity. If any section, subsection, sentence, clause or phrase of the named in the title of this Chapter is for any reason held the 2021 International Wildland-Urban Interface Code to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. Page 22 of 29 CHAPTER 15.26 International Energy Conservation Code 15.26.010 Adoption. The Town adopts the 2021 International Energy Conservation Code, Appendix CB and Appendix RB, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. The 2021 International Energy Conservation Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2021 International Energy Conservation Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.26.020 Additions or Modifications. The 2021 International Energy Conservation Code is amended and changed as described in Sections 15.26.030 and 15.26.050 of this Chapter. 15.26.030 Section C101 – Scope and General Requirements. Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Energy Conservation Code. 15.26.040 Section C403 Building Mechanical Systems. Section C403, Building Mechanical Systems, is amended by the addition of the following language: All gas fired burning equipment shall have a minimum efficiency of ninety-two percent (92%) AFUE. 15.26.050 More efficient furnace and boiler equipment for residential and commercial— Additions or modifications. Equipment sizing and efficiency rating (Mandatory). Heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. New or replacement heating and cooling equipment shall have an efficiency rating equal to or greater than the minimum required by federal law for the geographic location where the equipment is installed. All Gas fired boilers and furnaces shall have a minimum efficiency of 92% AFUE. A condensate riser with a trap attached to the drain system must have neutralizer draining into the sanitary sewer system. 15.26.060 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Energy Conservation Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of the code or standards named in the title of this chapter. 15.26.070 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Energy Conservation Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Page 23 of 29 15.26.080 Repeal. The repeal or the repeal and reenactment of any provision of the 2021 International Energy Conservation Code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.26.090 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Energy Conservation Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. CHAPTER 15.27 Exterior Energy Offset Program 15.27.010 Intent and Purpose. The purpose of the Exterior Energy Offset Program ("EEOP") Chapter is to encourage sustainable, energy efficient, exterior heating solutions that conserve energy and natural resources. 15.27.020 Applicability. The standards in this Chapter apply to all new residential R3 (single family, duplex, townhouse) and all new non-residential, mixed use, and/or multi-family exterior energy uses including but not limited to snowmelt, spas, and pools. The completed EEOP form must be submitted along with the subject building permit application. Mobile Home units that are approved by Colorado Department of Housing are exempt. 15.27.030 Fees and EEOP Fund Created. (a) EEOP considers exterior energy uses over a nominal amount as identified below. Fees are based on average British Thermal Units (BTUs) required for such amenities over a 20-year period in our climate. Fees are exempted if renewable energy system(s) pre-exist or are installed on-site prior to completion of the amenity which generate the equivalent of 50% of the energy needed for the exterior energy use. Any partial renewable offsets and/or energy efficiency rebates earned may be credited accordingly. System design, calculations, and field inspection are required and must be verified by the Building Official. (b) The following EEOP fees shall apply at the time of Building Permit: (1) Snowmelt over 200 square feet: $16.00 per square foot (2) Spa/hot tub over 64 square feet: $176.00 per square foot (3) Exterior pool: $136.00 per square foot For example, if 500 square feet of snowmelt was proposed on a residential property, where 200 is exempt, 300 x $16 per square foot = $4,800. (c) EEOP Fund Created (1) Fees collected at Building Permit are placed in the Town of Avon EEOP fund to create financial assistance, rebates, and incentives to promote energy efficient projects elsewhere within the Town of Avon. Page 24 of 29 (2) The EEOP Fund will be utilized as follows: The Town of Avon EEOP Fund will be managed by the Town Manager, or their designee and such designee may be determined by Resolution of the Town Council of Avon. Expenditures of EEOP funds shall be used for the following purposes: (a) To provide educational materials and outreach for Town of Avon residents, businesses, employees and building owners including but not necessarily limited to printed guides, efficient building educational events, a webpage with available resources, links, and information. (b) Planning, design and implementation of renewable energy generation projects. (c) Providing a community grant and/or rebate program for energy efficiency enhancements or renewable energy generation projects. (d) Funding other resources and administrative costs associated with green building and environmental sustainability oriented efforts. (e) Special consideration is given to projects that positively affect occupants of local affordable housing or low income residents in Town of Avon. 15.27.40 Severability Provision. Should any provision of the EEOP be declared by a court of competent jurisdiction in any final judgment to be invalid, unlawful or unenforceable for any reason, such offending provision shall be deemed deleted and the remaining provisions of such Code shall remain in full force and effect. CHAPTER 15.28 Electrical Vehicle Charging Standards 15.28.010 Intent and purpose. The purpose of the Electric Vehicle (EV) Charging Standards is to accommodate the growing need for electric vehicles. 15.28.020 Definitions. As used in this Chapter, the following terms shall have the meaning indicated: Electric Vehicle Supply Equipment (EVSE) Installed means the installation of a Level 2 EV charging station. EV Capable means the installation of electrical panel capacity with a dedicated branch circuit and a continuous raceway from the panel to the future EV parking spot(s). EV Ready means the installation of electrical panel capacity and raceway with conduit to terminate in a junction box or 240-volt charging outlet. Level 2 means an EVSE capable of charging at 30 amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously charging at 30 amperes for each of two vehicles shall be counted as two Level 2 EVSE. Level 3 means an EVSE with technology known as DC fast charging, charging through a 480V direct current plug. 15.28.030 Applicability. The standards in this Chapter apply to all new residential R3 (single family, duplex, townhouse) and all new non-residential, mixed use, and/or multi-family exterior energy uses. Page 25 of 29 15.28.040 Electric vehicle charging. The building shall be provided with electric vehicle charging in accordance with this section and the National Electrical Code. When parking spaces are added or modified without an increase in building size, only the new parking spaces are subject to this requirement (a) R3 occupancies. Structures shall be provided with EV charging in accordance with Table 1. Calculations for the number of spaces shall be rounded up to the nearest whole number. All Electric Vehicle Supply Equipment (EVSE) Installed, EV Ready and EV Capable Spaces are to be included in the calculation for the number of minimum vehicle spaces required, as provided by the applicable article of the Avon Development Code as amended below. Table 1. Residential EV Requirements Number of EV Capable Spaces Number of EVSE Ready Spaces Number of EVSE Installed Spaces 1 to 6 spaces None 1 None 7 or more spaces 15% of spaces 10% of spaces 5% of spaces (b) All non-residential and mixed-use occupancy groups. Structures shall be provided with EV charging in accordance with Table 2. Calculations for the number of spaces shall be rounded up to the nearest whole number. All EVSE Installed, EV Ready and EV Capable Spaces are to be included in the calculation for the number of minimum vehicle spaces required, as provided by the Avon Development Code. Table 2. Non-residential and Mixed-Use EV Requirements Number of EV Capable Spaces Number of EV Ready Spaces Number of EVSE Installed Spaces 1 space None 1 None 2 to 9 spaces None 1 1 10 or more spaces 15% of spaces 10% of spaces 5% of spaces Note: The number of electric vehicle supply equipment installed spaces may be reduced by up to five provided that the building includes not less than one parking space equipped with an EV Level III and not less than one electric vehicle ready space 15.28.050. Submittal requirements. Construction documents shall designate all EV capable spaces, EV ready spaces EVSE spaces, and EV supply equipment installed spaces, and indicate the locations of conduit, sizing, and termination points. The circuit breakers or circuit breaker spaces reserved for the EV capable spaces, EV ready spaces, and EV supply equipment installed spaces shall be clearly identified in the load center. The conduit for EV capable spaces shall be clearly identified at both the load center and the termination point at the parking space. 15.28.060. Accessible parking. Where new accessible parking is provided, at least one accessible parking space shall be EV installed. CHAPTER 15.30 Outdoor Lighting Standards 15.30.010 Intent and purpose. (a) The purpose of this Chapter is to reduce offensive lighting sources and reduce light trespass beyond property lines, including unnecessary upward lighting. The Town is experiencing a significant increase in the use of Page 26 of 29 exterior illumination. Town residents and guests value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions and limits their ability to enjoy the nighttime sky. (b) This Chapter is intended to help maintain the health, safety and welfare of the residents of the Town through the regulation of exterior lighting in order to: (1) Promote adequate light for safety and security; (2) Prevent inappropriate and poorly designed or installed outdoor lighting; (3) Reduce glare; (4) Reduce nighttime light pollution and protect and reclaim the ability to view the night sky by restricting the unnecessary upward projection of light; and (5) Phase out existing nonconforming fixtures that violate this Chapter, including those owned by the Town. 15.30.020 Definitions. For the purposes of this Chapter, the following definitions shall apply: Exterior lighting. Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting. Fixture height. The vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. Full cut-off fixture. A fixture designed and installed where no direct light (as opposed to scattered light) is emitted at or above a horizontal plane running through the lowest point on the fixture. Fully shielded. The luminaire incorporates a solid opaque barrier (the shield), which permits no light to escape through the barrier. Glare. Stray, unshielded (including reflected) light striking the eye that may result in (a) nuisance or annoyance glare such as light shining into a window; (b) discomfort glare such as bright light causing squinting of the eyes; (c) disabling glare such as bright light reducing the ability of the eyes to see into shadows; or (d) reduction of visual performance. Holiday (seasonal) lighting. Temporary festive lighting intended to celebrate the winter season and the Thanksgiving, Christmas and New Year's holidays. Light pollution. Any manmade light that diminishes the ability to view the night sky. Light source. The source of the light emitted by the fixture. Also referred to as bulb. Light trespass. Light falling on the property of another or the public right-of-way when it is not required to do so. Page 27 of 29 Controlled source and good aiming prevent light trespass Light trespass from uncontrolled source 15.30.030 Applicability. The lighting standards of this Chapter shall be applicable to all exterior lighting within the Town. All exterior lighting installed after the effective date of the ordinance codified herein shall conform to the standards established by this Chapter. All existing lighting installed before the effective date of the ordinance codified herein shall conform with this Chapter. Ord. 04-19 §1) 15.30.040 General outdoor lighting standards. The following lighting standards shall apply to all properties located within municipal boundaries: (1) The style, color and design of the fixtures shall be compatible with the overall design concept and use of materials for the building and site area of the lighting plan. (2) All lighting shall be shielded such that the source of illumination (filament, frosted bulb or the reflection of those from a shiny surface) is not visible from the property line, thereby reducing glare and interference with boundary streets and adjacent properties. Light fixtures near adjacent property may require special shielding devices to prevent light trespass. (3) All lighting (including, but not limited to street, parking lot, security, walkway and building) shall conform with the definition for full cut-off fixtures with the light source downcast and fully shielded, with the following exceptions: a. For the Town Core, holiday lighting from November 15th to the closing date of Beaver Creek Ski Resort's winter ski season. For all other areas, holiday lighting from November 15th to March 1. No holiday lights shall be illuminated between the hours of midnight and 6:00 am. b. Sensor activated luminaries, provided that: Page 28 of 29 1. It is located in such a manner as to prevent glare and lighting onto properties of others or into the public right-of-way. 2. The luminaire is set to only go on when activated and to go off within five (5) minutes after activation has ceased. 3. The luminaire shall not be triggered by activity off the property. c. All temporary emergency lighting needed by the Fire and Police Departments, or other emergency agencies. d. Floodlights with external shielding can be deflected up to twenty-five (25) degrees from a vertical plane as measured through the central axis of the light beam from the luminaire, only if the luminaire does not cause glare or light to shine on adjacent property or public rights-of-way. Compliant floodlight angle e. Uplighting for flags, address markers, trees, architectural features and low-voltage landscape lighting, provided that the luminaire is located, aimed and shielded so that direct illumination is focused exclusively on the object and away from adjoining properties and the public street right- of-way. Architectural features may be illuminated by uplighting, provided that the light is effectively contained by the structure. In all cases, uplighting must not cause glare or light trespass. f. Luminaires (light fixtures) that have a maximum output of one thousand (1,000) lumens per fixture (equal to one [1] sixty-watt incandescent light), regardless of the number of lamps, provided: 1. The bulb of the fixture is not visible; 2. The fixture utilizes frosted, opalescent, clear or iridescent glass; 3. The fixture has an opaque top or is under an opaque portion of the building structure; 4. If the fixture utilizes clear glass, the output of the fixture must be shielded by the architecture of the structure; and 5. All fixtures must not cause glare or light trespass beyond the property. g. Temporary (two [2] days or less) high intensity discharge floodlighting may be used for sports lighting and Town-sponsored events, provided that the lighting be turned off no later than one (1) hour after the event is concluded. The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area. h. All permanent sports and event lighting shall be equipped with a glare-control package (louvers, shields or similar devices) and the fixtures must be aimed so that beams are directed and fall within the primary playing area and light trespass is minimized. Page 29 of 29 15.30.050 Lighting plan. (a) An outdoor lighting plan shall accompany all design and building permit applications and shall be submitted separately from other drawing information. All lighting plans (except single-family and duplex applications, whose lighting fixtures and locations are reviewed under the Design Review Guidelines) shall be subject to approval through the design review process by the Planning and Zoning Commission. A user's guide with examples of compliant light fixtures is available in the Community Development office. (b) Those projects not requiring design review by the Town shall be required to submit a lighting plan that conforms to the standards outlined herein at the time of building permit for new construction. The lighting plan and/or specifications shall show: (1) The type and luminous intensity of each light source and wattage (e.g., incandescent, halogen, high- pressure sodium); (2) The type of fixture (e.g., floodlight, full-cutoff, lantern, coach light); (3) Fixture location and height above all proposed and existing light fixtures; (4) Shielding and all mounting details; (5) Manufacturer cut-sheet and/or specification materials with scaled drawings or photographs including: initial lumen rating, color rendering index and wattage of each lamp; (6) Any other information deemed necessary by the Community Development Inspector to document compliance with the provisions of this Chapter. 15.30.060 Violations. (a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter. If the Community Development Inspector finds that any provision of this Chapter is being violated, the Community Development Inspector shall give notice by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, requesting that the violation be abated within thirty (30) days of the date of mailing of the notice. (b) The Community Development Department staff shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the sixty-day period, the violator shall be punished by a fine of not more than one hundred dollars ($100.00) for each and every day during which the violation of any provision for any single fixture of this Chapter is committed, continued or permitted. (c) Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.30.070 Figures and diagrams. The following figures illustrate examples of acceptable and unacceptable types of outdoor lighting fixtures. Note that even those types of fixtures shown as "acceptable" must be installed and aimed properly to comply with this Chapter. International Fire Code 2021 Amendments Chapter 1 – SCOPE AND ADMINISTRATION 101.1 Title. These regulations shall be known as the Fire Code of Eagle River Fire Protection District, hereinafter referred as “this code.” 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be the most current published editions of those that are listed in Chapter 80, and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in sections 102.7.0 and 102.7.2. 106.1 Submittals. Construction documents and supporting data shall be submitted in two or more sets of hard copy or one set of portable data file (PDF) with each application for a permit and in such form and detail as required by the fire code official. Construction documents shall be prepared by a Colorado State registered design professional as required by the statutes of the jurisdiction in which the project is to be constructed. 107.4 Work commencing before permit issuance. No work shall commence prior to permit issuance without written authority by the code official. Any work authorized to begin prior to issuance of a permit does not negate the permit holder from meeting the regulations of this code. Work done prior to the issuance of a permit that does not meet the regulations of this code will be corrected at the permit holder’s expense. All approved permits are subject to field inspection and do not negate the permit holder’s requirement to meet the regulations. Deficiencies shall be corrected at the permit holder’s expense. Work performed prior to attaining a proper permit shall increase the permit fees by four times. 107.6 Refunds. ERFPD shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder which was erroneously paid or collected.2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. Not more than 80% of the plan review fee when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 3. The Fire Official shall not authorize the refunding of any fee paid, except upon written requestfiled by the original applicant not later than 180 days after the date of fee payment. 111.1.1 Procedures. To request a hearing before the board of appeals, the applicant shall file a request in writing to the fire chief. The fire chief shall arrange for the board of appeals to meet ATTACHMENT B - ERFPD AMENDMENTS within 10 working days of receipt of the request. All applicable fees as stated in the fire district fee schedule shall be paid at the time the written request is made. shall consist of members who are qualified by experience and training to deliberate on matters pertaining to the hazards of fire, explosions, hazardous conditions or fire protection systems. Chapter 2 – DEFINITIONS Fire Area. The aggregate floor area enclosed and bounded by fire walls meeting the requirements of the International Building Code and fire barriers, exterior walls or horizontal assemblies of a building. Areas of the building not provided with surrounding walls shall be included in the fire area if such areas are included within the horizontal projection of the roof or next floor above. For buildings constructed under the International Residential Code, the fire area is the aggregate floor area enclosed and bounded by exterior walls of a building. Chapter 3 – GENERAL REQUIREMENTS 308.1.4 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 48pounds [nominal 20-pound (9.1kg) LP-gas capacity]. 308.1.5.1 Location near combustibles. Open flames such as from candles, lanterns, kerosene heaters, propane mushroom heaters, and gas fire heaters shall not be located on or near decorative material or combustible construction members. Exception: Use of propane powered heaters, kerosene heaters, and gas fire heaters shall not be used on R1 or R2 balconies with overhead ceiling or decking. 315.3 Storage in buildings. Storage of materials in buildings shall be orderly and stacks shall be stable. Storage of combustible materials shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur. Storage room doors shall be provided with approved signage. Chapter 5 – FIRE SERVIC E FEATURES 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Eagle County Land Use Regulations (ECLUR) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals. The ECLUR meets or exceeds the requirements of Sections 503.1.1 through 503.1.3. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with Eagle County Land Use Regulations (ECLUR) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals. AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by the fire code official. 503.2.7 Grade. The grade of the fire apparatus access road shall be within Eagle County Land Use Regulations (ECLUR) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals. 506.1 Key Boxes – A key box, known as a Knox Box, shall be installed in an approved location in all commercial and residential structures with a monitored fire alarm system that summons the fire department, where access to or within a structure or an area is restricted because of secured openings, or where immediate access is necessary for life-saving or fire-fighting purposes. The Knox Box shall be of an approved type listed in accordance with UL 1037 and shall contain keys to gain necessary access as required by the fire code official. Commercial structures shall have a Knox Box that holds no less than 50 keys unless a different size is authorized by the fire code official. 508.1 General. A Fire Command Center for fire department operations complies with Sections 508.1.1 through 508.1.6. shall be required in buildings, structures, or facilities that are more than 4 stories (including basements and underground garages) in height or are greater than 50,000 square feet (4645msq.) within surrounding exterior walls. 510.1 Emergency responder radio coverage in new buildings. Approved in-building, two-way emergency responder communication coverage for emergency responders shall be provided in all new buildings. In-building, two-way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the interior of the building. This section shall not require improvement of the existing public safety communication systems. Chapter 6 – BUILDING SERVICE AND SYSTEMS 603.9 Gas & Utility meters. Above-ground gas & utility meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner. Gas & utility meters and piping shall be protected from snow & ice shedding from a roof area. Snow & ice build-up around gas & utility meters shall be kept clear at all times. Chapter 9 – FIRE PROTECRTION SYSTEMS 901.11 Responding to Nuisance Alarms. Nuisance alarms are defined as “an alarm caused by mechanical failure, malfunction, improper installation or lack of maintenance, or an alarm activated by a cause that cannot be determined.” Fire alarms that require emergency response that are caused by a system not being “offline” during repair, test, or inspection will fall under nuisance alarms. When two or more nuisance alarms from an occupancy occur within twelve months of each other, the property owner/manager may be fined. Fines are measured by response apparatus and human resources as defined in the District’s current Colorado Resource Rate Form (CRRF) plus actual personal costs- “ using a minimum of two hours 1st offense: 0 2nd offense: Actual CRRF rate for response. 3rd offense: Actual CRRF rate for response plus $200. 4th offense: Actual CRRF rate for response plus $400. 5th offense: Actual CRRF rate for response plus $800. Additional offenses will be billed at the 5th offense rate. Exceptions: The property owner/manager can provide documentation that the issue that caused the nuisance alarm is in the process of being repaired. 903.2.13 Buildings Constructed under the International Residential Code. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be provided throughout all detached one and two-family dwellings and multiple single-family dwellings (townhouses), complying with the requirements of the International Residential Code, whose total aggregate fire area exceeds 6,000 square feet (557 square meters). The fire area shall be listed on site plan submittal. Exception: Unless otherwise required by more restrictive local codes, policies, amendments, ordinances or plat notes. 905.3.1 Height. Class I standpipe systems shall be installed throughout buildings where the following conditions exist: 905.3.1.1 Building Area. In buildings exceeding 10,000 sq. ft. (929 sq. m.) within surrounding exterior walls, an approved Class I standpipe system shall be provided where any portion of the building’s interior is more than 150 feet (46 m) of travel, vertically and/or horizontally, from the nearest point of fire department access. Location of standpipes shall be approved by fire code official. 907.2 Where required-new buildings and structures. An approved fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. One manual fire alarm box shall be provided at all designated exits in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or waterflow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, fire alarm boxes shall be installed at all designated exits. Exceptions: The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 907.6.6 Monitoring. Fire protection systems required by this chapter or by the International Building Code shall be monitored by an approved supervising station in accordance with NFPA 72. Exception: Monitoring by a supervising station is not required for: 1. Single- and multiple-station smoke alarms required by section 907.2.112. Smoke detectors in Group I-3 occupancies. 912.2.2 Existing buildings. On existing buildings, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official. 912.5 Signs. A metal sign with raised letters not less than 1 inch (25 mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. 912.5.1 Additional signs for FDC. The fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official. Chapter 39 - TENTS, TEMPORARY SPECIALEVENT STRUCTURES AND OTHER MEMBRANE STRUCTURES 3103.2 Approval required. Tents and membrane structures having an area in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official. Exceptions: 1. Tents used exclusively for recreational camping purposes.2. Tents open on all sides that comply with all of the following:2.1. Individual tents shall have a maximum size 400 square feet. 2.2. The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (3658mm) shall not exceed 400 square feet NFPA Amendment Chapter 6, 13D 2019 6.2.2 Water Supply Sources. Exceptions: Add (4) Water supply sources that require a tank and pump shall be provided with a fire department connection (FDC) in a location approved by authority having jurisdiction. Chapter 8, 13D 2019 8.1.1.3 Number of Design Sprinklers Add The number of design sprinklers shall include all sprinklers within a compartment, up to a maximum of two sprinklers, under a flat, smooth, horizontal ceiling. In occupancies with sloped, beamed, or pitched ceilings over 10 feet, the system shall be calculated with three or more heads operation at manufacturers specifications. Structures with greater than 3,500 square feet of fire area shall be calculated with a minimum of three heads operating. 8.3.4 Location of Sprinklers Amend Sprinklers shall be installed in residential garages. Sprinklers are not required in open attached porches, carports, and similar structures. . 8.3.5 Location of Sprinklers Amend Crawl spaces or attics with fuel burning appliances shall be protected with residential sprinklers and ceilings shall be fire rated. Attics with pull down ladders shall be protected with residential sprinklers. Town of Avon 2021 Code Adoption and Sustainability Impacts Update The Town of Avon is pursuing the adoption of the 2021 International Energy Conservation Code (”IECC”) as part of the larger adoption of 2021 International Building Codes (”IBC”). The Town currently applies the 2015 IECC and IBC to the Avon Municipal Code (”AMC”). The overall adoption of 2021 IBC will support the Town in its pursuit of health, safety and wellness for the community however, adoption of the 2021 IECC represents the most substantial update to policies and procedures that support the Town’s ability to meet climate action goals established in the county-wide Climate Action Plan (”CAP”). The CAP calls for greenhouse gas (”GHG”) emission reduction targets of 50% by 2030, and a minimum of 80% by 2050. The energy used and wasted by buildings in Eagle County remains a signicant contributor to GHG emissions in our region, and the Colorado Energy Oce (”CEO”) lists “Expand Energy Eciency” as the number one most impactful action for local government policy in mitigating GHG pollution. Adoption of the IECC is a likely strategy for expanded energy eciency, with material impacts on commercial and residential development in the Town. 2021 IECC for Construction Projects Residential Construction 2021 IECC requires that every residential development project choose and apply one of three Compliance Options: 1. Prescriptive 2. Total Building Performance 3. Energy Rating Index Each option requires* some application of an Additional Energy Eciency Package: 1. Enhanced Envelope Performance 2. Increased Eciency of HVAC System 3. Reduced Energy Use in Service Water-Heating 4. Increased Eciency of Duct Thermal Distribution System 5. Improved Air Sealing and Ventilation *A 5% improvement over the reference building can be substituted for an eciency package Additional major changes through the 2021 Residential IECC include enhanced requirements for: • Floor and Basement Wall Insulation • Sunrooms and Heated Garages • Structural Air Leakage • Air-Sealed Electrical or Communication Boxes • Duct Leakage • Testing Requirements for Mechanical Vent Systems • Lighting Eciency and Interior Lighting Control Commercial Construction The Commercial chapter of the 2021 IECC includes 70 approved changes, with 36 of those focusing on a building’s envelope. The new code requires that buildings display an Energy Eciency Certicate that indicates quality and type of insulation, windows and doors, and any air leakage test results. Notably, 2021 Commercial IECC expands the requirement for “Energy Credits” for individual construction projects. Energy Credits are acquired through construction that enhances energy eciency. Examples of options to earn credits include: • More Ecient HVAC Performance • Reduced Lighting Power • Enhanced Lighting Controls • On-site Renewable Energy • High-eciency Service Water Heating • Enhanced Envelope Performance These strategies are designed to result in a 10-15% energy savings beyond a prescriptive reference building. The exact options and requirements for energy credits varies across building types and climate zones. • 8.6% Energy Savings Across the State • $156 Reduction in Annual Utility Bills per Household • 20,301,000 CO2e Reduction over 30 Years ▪Eagle County Goal: 707,795 CO2e • 25,000+ Jobs Created Impacts of 2021 IECC in Colorado (Compared to Existing 2015 IECC) ATTACHMENT C (970) 748-4055 swright@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Scott Wright, Finance Director RE: 2023 Proposed Budget and 2022 Final Revised Budget DATE: December 13, 2022 SUMMARY: This report is presented to Council for adoption of the final revised 2022 operating funds and capital projects fund budgets, adoption of the proposed 2023 operating funds and capital projects fund budgets and long-range capital improvements program, and property tax levies for the Avon General Improvement District No.1.and for Town of Avon general operation purposes. 2022 Final Revised Budgets Resolutions No. 22-26 and 22-27 present the Town’s final revised operating budgets and capital project fund budgets for 2022 and are submitted for adoption by the Avon Town Council. There was one revision since the budget retreat held on October 28 – an operating transfer from General Fund fund balance to the Capital Projects Fund in the amount of $535,000 for the purchase of the Metcalf Lofts employee housing unit. 2023 Proposed Budgets Resolutions No. 22-28 and 22-29 present the Town’s proposed operating budgets and capital project fund budgets and long-range capital improvements program for 2023 and are submitted for adoption by the Avon Town Council. The Town Manager and staff presented the proposed budgets at a Council budget retreat held on October 28 and subsequent public hearings on November 8 and 15. I have included as Attachment J the Town Manager’s report to Council that outlines the changes made subsequent to the budget retreat and prior to the public hearings held in November. Final revisions to the 2023 proposed budgets based on discussion and feedback subsequent to these hearings are identified and described as follows: General Fund • Increased the Special Events budget by $88,900 for the Winter Fireworks event. • Increased the Engineering Division budget by $74,860 by revising the new GIS Manager position back to a full-year position. • In addition to the above revisions, one further change not reflected in the original 2023 proposed budget is a reduction in departmental personnel costs of approximately $225,926 resulting from a reduction in the group health insurance stop loss premium renewal. Community Housing Fund • Added the Tract Y contribution commitment in the amount of $600,000. Equipment Replacement Fund • Updated the quote for a plow truck from $300,000 to $392,000. Page 2 of 3 Capital Projects Fund • Increased revenues in the amount of $1,100,000 for the Hwy 6 Safety and Mobility Improvements project for a grant from CDOT (Revitalize Main Street) and a $100,000 contribution from Eagle County. • Increased the Hwy 6 Safety and Mobility Improvements project expenditures by $1,420,000 from $3,180,000 to $4,600,000. • Eliminated the Fiber Optic project related to Project Thor in the amount of $80,000. 2022 Property Tax Mill Levies Resolutions No. 22-30 and 22-31 levying property taxes for the Avon General Improvement District No. 1 and for Town of Avon general operating purposes are submitted for adoption. The property tax mill rates will be levied as follows: • General operating purposes - 8.956 mills, no change from the previous year; • Avon General Improvement District No. 1 - 15.640 mills, an increase of 0.454 mills due to a decrease in assessed value of $87,970 from the previous year. This increase allows the property tax revenue to remain the same. According to State Statute, because the Town levies a property tax, the budget must be adopted by December 15, and filed with the Division of Local Governments no later than January 31. This budget meets this and all other legal requirements for submission. Public Hearings As required by Town Charter, public hearings have previously been held regarding the proposed 2022 budget on November 8 and November 15, 2022. On December 13, 2022 a final public hearing will be held for members of the public to comment on the proposed 2023 budget, as well as the final supplemental amendment to the 2022 budget. RECOMMENDATION: Staff recommends that Council adopt the resolutions discussed above as presented. PROPOSED MOTION: “I move to approve Resolutions 22-26 through 22-31 as listed on the Town Council meeting agenda for December 13, 2023, adopting the final revised 2022 operating funds and capital projects fund budgets, adopting the proposed 2023 operating funds and capital projects fund budgets and long-range capital improvements program, and levying property taxes for the Avon General Improvement District No.1 and for Town of Avon general operation purposes." ATTACHMENTS: Attachment A - Resolution No. 22-26 Attachment B - Resolution No. 22-27 Attachment C - Resolution No. 22-28 Attachment D - Resolution No. 22-29 Attachment E - Resolution No. 22-30 Attachment F - Resolution No. 22-31 Attachment G - Financial Overview, Total All Funds Page 3 of 3 Attachment H - Financial Overview, Total by Fund Attachment I - Long-range Capital Plan Attachment J - Town Manager Public Hearing Report to Council 11-01-2022 Thank you, Scott Resolution No. 22-26 December 13, 2022 Page 1 of 3 RESOLUTION NO. 22-26 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2022 OPERATING BUDGETS FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2022 AND ENDING ON THE LAST DAY OF DECEMBER, 2022 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2022 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2022; and WHEREAS, the Town Council finds it necessary to amend the 2022 budget to more accurately reflect the revenues and expenditures for 2022; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed supplemental amendment to the 2022 budget was open for inspection by the public at a designated place, a public hearing was held on December 13, 2022 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2022: Original or Previously Amended 2022 Budget Current Proposed Amended 2022 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 14,567,561 25,428,893 23,156,197 $ 14,567,561 25,799,295 22,962,193 Ending Fund Balance $ 16,840,257 $ 17,404,663 ATTACHMENT A Resolution No. 22-26 December 13, 2022 Page 2 of 3 Original or Previously Amended 2022 Budget Current Proposed Amended 2022 Budget Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 298,973 80,000 136,000 $ 301,421 80,000 20,000 Ending Fund Balance $ 242,973 $ 361,421 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 707,301 200,000 177,308 $ 722,014 200,000 207,308 Ending Fund Balance $ 729,993 $ 714,706 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,303,307 1,680,767 2,479,569 $ 1,303,307 1,680,767 1,811,309 Ending Fund Balance $ 504,505 $ 1,172,765 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 104,804 5,000 13,000 $ 109,238 129,984 41,000 Ending Fund Balance $ 96,804 $ 198,222 Disposable Paper Bag Fee Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 78,130 44,000 60,000 $ 107,151 55,000 60,000 Ending Fund Balance $ 62,130 $ 102,151 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 36,433 959,708 959,708 $ 36,433 959,708 961,208 Ending Fund Balance $ 36,433 $ 34,933 ATTACHMENT A Resolution No. 22-26 December 13, 2022 Page 3 of 3 Mobility Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Original or Previously Amended 2022 Budget $ 1,595,418 4,553,646 5,814,687 Current Proposed Amended 2022 Budget $ 1,549,195 4,149,246 4,599,571 Ending Fund Balance $ 334,377 $ 1,098,870 Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 236,671 1,788,286 1,733,702 $ 406,486 2,011,772 1,989,187 Ending Fund Balance $ 291,255 $ 429,071 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,157,454 1,210,789 1,212,233 $ 3,155,954 1,250,789 1,249,952 Ending Fund Balance $ 3,156,010 $ 3,156,791 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED December 13, 2022 by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A Resolution No. 22-27 December 13, 2022 Page 1 of 2 RESOLUTION NO. 22-27 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2022 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2022 AND ENDING ON THE LAST DAY OF DECEMBER 2022 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2022 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2022; and WHEREAS, the Town Council finds it necessary to amend the 2022 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2022; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed supplemental amendment to the 2022 budget was open for inspection by the public at a designated place, a public hearing was held on December 13, 2022 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That estimated revenues and expenditures for the Capital Projects Fund are revised as follows for 2022: Original or Previously Amended 2022 Budget Current Proposed Amended 2022 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 13,782,410 4,609,795 11,131,529 $ 13,714,320 8,029,076 11,516,306 Ending Fund Balance $ 7,260,676 $ 10,227,090 ATTACHMENT B Resolution No. 22-27 December 13, 2022 Page 2 of 2 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget as hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED December 13, 2022 by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT B Resolution No. 22-28 December 13, 2022 Page 1 of 2 RESOLUTION NO. 22-28 A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG-RANGE CAPITAL PROGRAM AND SUMMARIZE EXPENDITURES AND REVENUES FOR THE CAPITAL PROJECTS FUND AND ADOPT A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2023 AND ENDING ON THE LAST DAY OF DECEMBER 2023 WHEREAS, the Town Council of the Town of Avon has directed the Town Manager to prepare and submit a long-range capital program to said governing body for its consideration; and WHEREAS, the Town Council of the Town of Avon has directed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. Public hearings were held on November 8, November 15, and December 13, 2022, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That long-range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2023: ATTACHMENT C Resolution No. 22-28 December 13, 2022 Page 2 of 2 2023 Proposed Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 10,227,090 8,876,250 17,909,312 Ending Fund Balance $ 1,194,028 Section 3. That the budget, as submitted, and hereinabove summarized by fund, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED December 13, 2022 by the AVON TOWN COUNCIL By:_____________________________ Attest:_____________________________ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT C Resolution No. 22-28 December 13, 2022 Page 1 of 2 RESOLUTION NO. 22-29 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2023 AND ENDING ON THE LAST DAY OF DECEMBER, 2023 WHEREAS, the Town Council of the Town of Avon has appointed the town Manager to prepare and submit a proposed budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. Public hearings were held on November 8, November 15, and December 13, 2022, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That estimated revenues and expenditures for the operating funds of the Town of Avon are presented as follows for 2023: 2023 Proposed Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 17,404,663 24,788,612 25,552,248 Ending Fund Balance $ 16,641,027 Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 361,421 82,000 140,000 Ending Fund Balance $ 303,421 ATTACHMENT D Resolution No. 22-28 December 13, 2022 Page 2 of 2 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2023 Proposed Budget $ 714,706 762,000 887,481 Ending Fund Balance $ 589,225 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,172,765 1,831,440 2,595,000 Ending Fund Balance $ 409,205 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 198,222 25,000 41,000 Ending Fund Balance $ 182,222 Disposable Paper Bag Fee Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 102,151 55,000 33,840 Ending Fund Balance $ 123,311 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 34,933 963,142 963,142 Ending Fund Balance $ 34,933 Mobility Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,098,870 3,097,344 3,742,252 Ending Fund Balance $ 453,962 ATTACHMENT D Resolution No. 22-28 December 13, 2022 Page 3 of 2 2023 Proposed Budget Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 429,071 2,974,280 2,976,775 Ending Fund Balance $ 426,576 Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,104,865 1,923,839 2,392,151 Ending Fund Balance $ 3,636,553 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED December 13, 2022 by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT D Resolution No. 22-30 December 13, 2022 Page 1 of 1 RESOLUTION 22-30 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2022, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2023 BUDGET YEAR WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on December 13, 2022; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $2,083,188; and WHEREAS, the 2022 net total assessed valuation for the Town of Avon, as certified by the County Assessor is $232,602,500. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That for the purpose of meeting general operating expenses of the Town of Avon during the 2022 budget year there is levied a tax of 8.956 mills upon each dollar of the net total assessed valuation of all taxable property within the Town of Avon for the year 2022. Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon as hereinabove determined and set. ADOPTED December 13, 2022 by the AVON TOWN COUNCIL By:______________________________ Attest:_____________________________ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT E Resolution No. 22-31 December 13, 2022 Page 1 of 2 RESOLUTION NO. 22-31 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE YEAR 2022, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2023 BUDGET YEAR WHEREAS, on August 28, 2007, the Town Council of the Town of Avon passed on second reading Ordinance No. 07-07 declaring the Town of Avon General Improvement District No. 1 (District) organized and submitted to the electors of the District the question of imposing an ad valorem tax to pay the annual expenses of the District; and WHEREAS, on November 6, 2007, an election was held under the requirements and procedures of the Uniform Election Code, the Mail Ballot Election Act, and TABOR, and a majority of the votes cast on the question were in favor of incurring such levy as provided in such question; and WHEREAS, the Town Council is authorized to act as the ex-officio Board of Directors of the District and is authorized to proceed with the necessary action to levy the ad valorem taxes so authorized; and WHEREAS, the authority to levy ad valorem taxes as conferred by the results of the election, is deemed and considered a continuing authority to levy the ad valorem taxes so authorized; and WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on December 13, 2022; and WHEREAS, the estimated cost of providing transportation and recreation services to and within the District is $46,003; and WHEREAS, the 2022 net total assessed valuation for the property included in the District as certified by the County Assessor is $2,941,400. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON: Section 1. That for the purpose of providing transportation and recreation services to and within the District during the 2023 budget year there is levied a tax of 15.640 mills upon ATTACHMENT F Resolution No. 22-31 December 13, 2022 Page 2 of 2 each dollar of the net total assessed valuation of all taxable property within the District for the year 2022. Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon Local Improvement District No. 1 as hereinabove determined and set. ADOPTED December 13, 2022 by the AVON TOWN COUNCIL By:______________________________ Attest:_______________+_____________ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT F Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 REVENUES Taxes 27,009,323$ 24,401,628$ 28,628,106 27,213,516$ Licenses and Permits 461,647 325,325 1,435,884 403,450 Intergovernmental 3,198,442 3,958,987 3,352,897 5,346,705 Charges for Services 4,027,852 4,364,073 5,458,701 5,697,413 Fines and Forfeitures 45,753 38,700 38,700 38,700 Investment Earnings (7,865) 100,000 280,000 870,000 Other Revenue 790,784 787,989 1,074,413 760,389 Total Operating Revenues 35,525,936 33,976,702 40,268,701 40,330,173 Other Sources Sales of Fixed Assets 1,180 75,000 75,000 140,000 Transfers-In From Other Funds 4,757,093 5,029,857 5,856,433 6,743,506 Total Other Sources 4,758,273 5,104,857 5,931,433 6,883,506 TOTAL REVENUES 40,284,209 39,081,559 46,200,134 47,213,679 EXPENDITURES General Government and Finance 6,030,169 7,260,375 7,842,577 8,802,203 Community Development 551,138 716,454 772,491 1,141,608 Public Safety 4,169,397 4,834,501 4,901,129 5,177,982 Public Works, Engineering and Utilities 4,612,171 7,150,729 6,909,456 8,320,706 Transportation and Fleet Maintenance 4,508,901 7,051,168 6,351,646 6,478,506 Recreation 1,622,206 2,097,618 2,166,115 2,692,863 Total Operating Expenditures 21,493,982 29,110,845 28,943,414 32,613,868 Debt Service 2,035,569 2,028,892 2,004,113 2,009,319 Capital Improvements and Equipment Replacement 5,304,497 6,538,789 9,803,017 17,672,487 Other Uses Transfers-Out To Other Funds 4,757,093 5,029,857 5,856,403 6,743,506 TOTAL EXPENDITURES 33,591,141 42,708,383 46,606,947 59,039,180 NET SOURCE (USE) OF FUNDS 6,693,068 (3,626,824) (406,813) (11,825,501) FUND BALANCES, Beginning of Year 29,691,429 29,413,477 36,384,497 35,977,684 FUND BALANCES, End of Year 36,384,497$ 25,786,653$ 35,977,684$ 24,152,183$ TOTAL - ALL FUNDS TOWN OF AVONFinancial Overview ATTACHMENT G Urban Community Community General Renewal Enhancement Water Housing Fund Fund Fund Fund Fund REVENUE Taxes 19,802,741$ 1,834,772$ -$ -$ 1,030,000$ Licenses and Permits 378,450 - - - - Intergovernmental 1,254,455 - - - - Charges for Services 1,775,293 - - 762,000 57,569 Fines and Forfeitures 38,700 - - - - Investment Earnings 480,000 - - - - Other Revenue 458,500 - 82,000 - 9,000 Total Operating Revenues 24,188,139 1,834,772 82,000 762,000 1,096,569 Other Sources Sales of Fixed Assets - - - - - Transfers-In From Other Funds 600,473 - - - 734,871 TOTAL REVENUES 24,788,612 1,834,772 82,000 762,000 1,831,440 EXPENDITURES General Government, HR and Finance 6,911,320$ 56,043 - - 1,801,000 Community Development 1,100,608 - - - - Public Safety 5,177,982 - - - - Public Operations 8,169,475 - 20,000 131,231 - Mobility and Fleet Maintenance - - - - - Recreation 2,692,863 - - - - Total Operating Expenditures 24,052,248 56,043 20,000 131,231 1,801,000 Debt Service - 749,936 - - - Capital Expenditures - -- - 794,000 Other Uses Transfers-Out To Other Funds 1,500,000 1,000,000 120,000 756,250 - TOTAL EXPENDITURES 25,552,248 1,805,979 140,000 887,481 2,595,000 NET SOURCE (USE) OF FUNDS (763,636) 28,793 (58,000) (125,481) (763,560) FUND BALANCES, Beginning of Year 17,404,663 128,927 361,421 714,706 1,172,765 FUND BALANCES, End of Year 16,641,027$ 157,720$ 303,421$ 589,225$ 409,205$ Special Revenue Funds TOTAL - BY FUND TOWN OF AVONFinancial Overview ATTACHMENT H Debt Service Internal Fund Service Exterior Disposable Capital Energy Offset Paper Bag Bond Projects Mobility Fleet Equipment Fund Fee Fund Redemption Fund Fund Maintenance Replacement Total -$ -$ -$ 4,500,000$ 46,003$ -$ -$ 27,213,516$ 25,000 - - - - - - 403,450 - - - 2,200,000 1,086,000 806,250 - 5,346,705 - - - - 309,452 1,569,264 1,223,835 5,697,413 - - - - - - - 38,700 - - - 300,000 - - 90,000 870,000 - 55,000 - - 155,889 - - 760,389 25,000 55,000 - 7,000,000 1,597,344 2,375,514 1,313,835 40,330,173 - - - - - - 140,000 140,000 - - 963,142 1,876,250 1,500,000 598,766 470,004 6,743,506 25,000 55,000 963,142 8,876,250 3,097,344 2,974,280 1,923,839 47,213,679 - 33,840 - - - - - 8,802,203 41,000 - - - - - - 1,141,608 - - - - - - - 5,177,982 - - - - - - - 8,320,706 - - - - 3,700,497 2,778,009 - 6,478,506 - - - - - - - 2,692,863 41,000 33,840 - - 3,700,497 2,778,009 - 32,613,868 - - 963,142 55,720 41,755 198,766 - 2,009,319 - - - 14,486,336 - - 2,392,151 17,672,487 - - - 3,367,256 - - - 6,743,506 41,000 33,840 963,142 17,909,312 3,742,252 2,976,775 2,392,151 59,039,180 (16,000) 21,160 - (9,033,062) (644,908) (2,495) (468,312) (11,825,501) 198,222 102,151 34,933 10,227,090 1,098,870 429,071 4,104,865 35,977,684 182,222$ 123,311$ 34,933$ 1,194,028$ 453,962$ 426,576$ 3,636,553$ 24,152,183$ Enterprise Funds TOTAL - BY FUND Special Revenue Funds TOWN OF AVON Financial Overview ATTACHMENT H CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2021 2022 2022 2022 2023 2024 2025 2026 2027 REVENUES Real Estate Transfer Tax: Base Level 7,348,714$ 3,300,000$ 3,300,000$ 6,000,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ Penalties and Interest 5,472 - - - - - - - - Interest Earnings (12,481) 25,000 25,000 100,000 300,000 75,000 50,000 50,000 50,000 Intergovernmental: Federal/State/County: DOLA - Broadband Grant 17,153 - - - - - - - - GOCO Grant (Lee's Way Rebuild)- 25,000 25,000 25,000 - - - - - 2021 Charge Ahead Grant Fast EV Charging Station)44,000 - - - - - - - - 2022 Charge Ahead Grant Fast EV Charging Station)- 45,000 45,000 45,000 - - - - - Eagle County Contribution (Hwy 6 Roundabout)- -- 100,000 100,000 - - - - CDOT Revitalize Main Street Grant (Hwy 6 Roundabout)- -- - 1,000,000 - - - - CDOT Multimodal Options Fund Grant (Hwy 6 Roundabout)- -- - 2,200,000 - - - - Other Revenues: Project Cost Reimbursement 27,500 - - - - - - - - Contributed Infrastructure & Improvements (McGrady Acres Park - - - 250,000 - - - - - Nonclassified 7,050 - - - - - - - - Total Operating Revenues 7,437,408 3,395,000 3,395,000 6,520,000 8,100,000 4,575,000 4,550,000 4,550,000 4,550,000 Other Sources: Transfers In - General Fund - Purchase of Employee Housing - - - 535,000 - - - - - Transfers In - Avon URA - Tract G Projects 750,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Transfers In - Community Enhancement Fund - West Avon Preserve Trail Improvements 28,500 - - - - - - - - - Powerline Undergrounding - 120,000 120,000 - 120,000 - - - - Transfers In - Water Fund - Nottingham-Puder Ditch Piping - 62,500 62,500 62,500 756,250 - - - - Transfers In - Equipment Replacement Fund - Water Slide - - 32,295 11,576 - - - - - - Pool Replastering 150,000 - - - - - - - - Total Other Sources 928,500 1,182,500 1,214,795 1,609,076 1,876,250 1,000,000 1,000,000 1,000,000 1,000,000 Total Revenues and Sources of Funds 8,365,908$ 4,577,500$ 4,609,795$ 8,129,076$ 9,976,250$ 5,575,000$ 5,550,000$ 5,550,000$ 5,550,000$ Projected ATTACHMENT I CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2021 2022 2022 2022 2023 2024 2025 2026 2027 Projected EXPENDITURES Capital Improvements: Facilities 1,856,104 1,585,000 2,731,895 3,602,760 3,911,000 650,000 - - 270,000 Land and Land Improvements 598,700 1,777,000 2,274,875 2,274,875 215,000 215,000 40,000 40,000 40,000 Roads and Streets 1,818,387 1,890,000 2,685,504 1,869,589 8,924,748 2,680,175 2,920,000 3,195,658 2,769,650 Utility Projects 68,162 187,500 581,042 606,042 1,031,250 1,000,000 - - - Planning and Consulting - 100,000 100,000 100,000 175,000 50,000 - - - Communications and Technology 200,886 145,939 428,857 359,993 229,338 - - - - Debt Service: Capital Leases: - 2014 US Bank, Plow Truck 26,279 26,279 26,279 - - - - - - - 2017 Commerce Bank, Plow Truck, Electrician Lift Truck 55,720 55,720 55,720 55,720 55,720 55,720 - - - Total Expenditures 4,624,238 5,767,438 8,884,172 8,868,979 14,542,056 4,650,895 2,960,000 3,235,658 3,079,650 Other Uses: Transfers Out - General Fund: - Engineering Department Salary and Benefits 341,648 494,593 494,593 494,593 600,473 618,487 637,042 656,153 675,838 Transfers Out - Community Housing Fund: - Mi Casa Program - 597,699 597,699 597,669 734,871 - - - - Transfers Out - Debt Service Fund: - 2010 COPs (ARTF)700 - - - - - - - - - 2014B COPS (Street Improvements)321,543 319,119 319,119 319,119 321,544 318,666 320,637 317,304 318,820 - 2016 COPS (Public Safety Bldg.)450,925 448,375 448,375 448,375 447,475 443,475 449,325 448,225 446,425 - 2020 Refunding COPs 195,317 192,214 192,214 192,214 194,123 195,983 190,793 192,640 193,437 Transfers Out - Mobility Fund: - Diesel Buses (2) 200,000 - - - 200,000 - - - - - Electric Buses (2) - - - 400,000 - - - - - Transfers Out - Fleet Maintenance Fund: - 2020 COPs (Fleet Maintenance Bldg.)193,460 195,357 195,357 195,357 197,204 193,002 193,825 195,612 196,348 - 80/20 Match on Grant for Lifts - - - - 201,562 - - - - Transfers Out - Equipment Replacement Fund: - Street Sweeper and Loader 425,000 - - - - - - - - - Police Dept. Take-home Vehciles and Equipment - - - - 470,004 - - - - - Snow Plow - - - - - 301,181 - 319,512 - Total Other Uses 2,128,593 2,247,357 2,247,357 2,647,327 3,367,256 2,070,794 1,791,622 2,129,446 1,830,868 Total Expenditures and Uses of Funds 6,752,831 8,014,795 11,131,529 11,516,306 17,909,312 6,721,689 4,751,622 5,365,104 4,910,518 ATTACHMENT I CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2021 2022 2022 2022 2023 2024 2025 2026 2027 Projected Net Source (Use) of Funds 1,613,077 (3,437,295) (6,521,734) (3,387,230) (7,933,062) (1,146,689) 798,378 184,896 639,482 Fund Balance, Beginning of Year 12,101,243 9,758,398 13,782,410 13,714,320 10,327,090 2,394,028 1,247,339 2,045,717 2,230,613 Fund Balance, End of Year 13,714,320$ 6,321,103$ 7,260,676$ 10,327,090$ 2,394,028$ 1,247,339$ 2,045,717$ 2,230,613$ 2,870,095$ Fund Balances Restricted For: Asphalt Overlay 657,821$ 282,821$ 282,821$ 629,015$ 189,015$ -$ -$ -$ -$ Assigned For: Tract G/URA Projects 1,155,610 800,610 844,108 844,108 (2,430,892) (1,930,892) (930,892) 69,108 1,069,108 Unassigned:. Unreserved 11,900,889 5,237,672 6,133,747 8,853,967 4,635,905 3,178,231 2,976,609 2,161,505 1,800,987 Total Fund Balances 13,714,320$ 6,321,103$ 7,260,676$ 10,327,090$ 2,394,028$ 1,247,339$ 2,045,717$ 2,230,613$ 2,870,095$ ATTACHMENT I CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Total Original Revised Revised Project Cost Proposed Project Audited Budget Budget Budget To-Date Budget Project #Capital Improvement Projects Budget 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 Facilities: General Government Facilities: 11019 Utility Upgrade 470,845$ 293,731$ -$ 32,945$ 32,945$ 483,678$ -$ -$ -$ -$ -$ 11021 Level 2 EV Charging Station - NTH 5,000 38 - - - 5,360 - - - - - 11023 New Town Hall 2nd and 3rd Floor Updates 130,000 33,423 - 93,242 93,242 130,000 - - - - - 11024 Asbestos Mitigation / Demolition 643,359 442,050 - - - 443,250 - - - - - 11025 H.A. Nottingham Park East Improvements 2,850,000 58,556 765,000 791,444 791,444 850,000 2,000,000 - - - - 11028 Office Furniture 153,184 27,184 - 76,000 76,000 103,184 50,000 - - - - 11029 Building Access Control 70,000 - 70,000 70,000 70,000 70,000 - - - - - 11030 New Town Hall Front Entry ADA Access 25,000 - - 25,000 25,000 25,000 - - - - - 11031 Employee Housing Unit 535,000 - - - 535,000 535,000 - - - - - Building Door Replacements 105,000 - - - - - 105,000 - - - - Public Safety Facilities: 12006 PSF Parking Lot Canopy Design 20,000 14,153 - 5,847 5,847 20,000 - - - - - 12007 Wildridge Emergency Warning Siren 356,436 28,436 25,000 328,000 328,000 356,436 - - - - - PSF HVAC BAS 75,000 - - - - - - - - - 75,000 PSF Security Systems 155,000 - - - - - - - - - 155,000 Public Works Facilities 13014 Public Works Facilities Expansion Planning 600,000 - 100,000 100,000 100,000 100,000 500,000 - - - - Public Works Annex Roof (Wildridge)40,000 - - - - - - - - - 40,000 Fleet and Transportation Facilities: 14010 Fleet Maintenance EPDM Roof Replacement 460,000 10,500 - 9,500 9,500 20,000 440,000 - - - - 14019 Bus Shelters 462,500 - 240,000 270,000 462,500 462,500 - - - - - 14020 Fleet Maintenance - HVAC / AC 25,000 - 25,000 25,000 25,000 25,000 - - - - - 14021 ARTF - Roof Improvements / Snow 50,000 - 50,000 50,000 50,000 50,000 - - - - - 14022 ARTF - Roof Repair 90,000 - - 90,000 90,000 90,000 - - - - - ARFT - Overhead Door Replacement 105,000 - - - - - 105,000 - - - - ARTF - BAS / HVAC PM 165,600 - - - - - 165,000 - - - - ARTF - HVAC Separation 170,000 - - - 20,000 20,000 150,000 - - - - ARTF - Bus Wash Exit 125,000 - - - - - 125,000 - - - - Projected ATTACHMENT I CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Total Original Revised Revised Project Cost Proposed Project Audited Budget Budget Budget To-Date Budget Project #Capital Improvement Projects Budget 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 Projected Cultural and Recreational Facilities: 15019 Pavilion - Deck Railing and Floor Replacement 425,600 301,719 - 28,447 28,447 425,600 - - - - - 15021 Recreation Center Locker Replacement 330,439 303,412 - 27,027 27,027 330,439 - - - - - 15023 Recreation Center HVAC Upgrade 250,000 7,500 - 242,500 242,500 250,000 - - - - - 15024 Recreation Center ADA Parking 20,865 865 10,000 9,135 20,000 20,865 - - - - - 15025 Metcalf Family Cabin Feasibility Analysis 20,000 - - - - - 20,000 - - - - 15026 Recreation Center Yoga Studio Bathroom Conversion 30,000 28,690 - - - 28,690 - - - - - 15027 Recreation Center Jacuzzi Leak Repair 60,000 27,406 - - - 27,406 - - - - - 15028 Recreation Center Pool Replastering 205,000 202,980 - 2,020 2,020 205,000 - - - - - 15029 Recreation Center Aquatics Remodel Plan and Design 700,000 - 50,000 50,000 50,000 50,000 - 650,000 - - - 15030 Pavilion Ramp 100,000 - 100,000 100,000 100,000 100,000 - - - - - 15031 Water Slide Repair and Diving Board 45,788 - - 45,788 45,788 45,788 - - - - - 15032 Steam Room / Sauna Remodel 75,000 - - - 75,000 75,000 - - - - - Other Facilities: 19006 DC Fast EV Charging Station - Tract A 75,000 317 - - - 51,420 - - - - - 19007 Level 2 and DC Fast EV Charging Stations - Tract A 81,000 75,144 - - - 75,144 - - - - - 19008 EV Charging Stations (6)257,500 - 110,000 220,000 257,500 257,500 - - - - - 19009 2120 Saddle Ridge Loop Window Replacement 40,000 - 40,000 40,000 40,000 40,000 - - - - - Heat Recovery Controls Replacement 251,000 - - - - - 251,000 - - - - Land and Land Improvements: 21027 O'Neil Spur Park Improvements Design 20,000 - - 18,012 18,012 20,000 - - - - - 21053 Nottingham Park West Courts Reconstruction 1,432,523 24,853 1,057,000 1,407,670 1,407,670 1,432,523 - - - - - 21054 Wildland Fire Mitigation 40,000 - 40,000 40,000 40,000 NA 40,000 40,000 40,000 40,000 40,000 21055 Power Line Undergrounding 120,000 333 120,000 120,000 120,000 120,333 - - - - - 21056 West Nottingham Park Improvements/Soccer Field 318,000 305,064 - - - 314,371 - - - - - 21057 O'Neil Spur Park Parking Lot Rebuild 100,000 - - 100,000 100,000 100,000 - - - - - 21058 North Restrooms - Nottingham Lake Beach 540,000 19,942 490,000 520,058 520,058 540,000 - - - - - 21060 Nottingham Park Light Upgrade- Phase 2 281,200 247,643 - - - 247,643 - - - - - 21061 Beach Expansion Planning 20,000 865 20,000 19,135 19,135 20,000 - - - - - 21062 Nottingham Park - Irrigation Replacement Design 125,000 - 50,000 50,000 50,000 50,000 75,000 - - - - Eaglebend Park Refresh 100,000 - - - - - - 100,000 - - - Saddleridge Park Refresh 100,000 - - - - - 25,000 75,000 - - - Park Water Fountain Replacement 75,000 - - - - - 75,000 - - - - ATTACHMENT I CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Total Original Revised Revised Project Cost Proposed Project Audited Budget Budget Budget To-Date Budget Project #Capital Improvement Projects Budget 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 Projected Roads and Streets: Streetscape Improvements: 31030 Mall Activation Elements 40,000 1,613 - 23,299 23,299 40,000 - - - - - 31031 Avon Rd./I70 Aesthetic Improvements 1,150,000 854,960 - 190,151 241,907 1,150,000 - - - - - 32035 Metcalf Road - Retaining Wall Stabilization 80,000 - 80,000 80,000 80,000 80,000 - - - - - Post Blvd. Streetlight Replacement 200,000 - - - - - - - - 200,000 - Annual Street Maintenance 32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd.200,000 6,179 - 143,821 143,821 150,000 50,000 - - - - 32030 Avon Road Safety Improvements 750,000 - 150,000 150,000 150,000 150,000 150,000 150,000 150,000 - - 32031 Mikaela Way and Benchmark Rd. Asphalt Overlay 400,000 312,692 - - - 312,692 - - - - - 32032 Hurd Lane Intersection Improvements 20,000 7,030 - 12,970 12,970 20,000 - - - - - 32033 WB B/C Blvd - US Hwy 6 to Avon Elem.860,000 - 515,000 515,000 30,000 30,000 830,000 - - - - 32034 Buck Creek Road Repairs 800,000 568,816 - - - 580,467 - - - - - 32036 Fawcett Road Asphalt Overlay 440,000 - 375,000 375,000 - - 440,000 - - - - 32037 Avon Elem. School Sidewalk Repair 200,000 - 200,000 200,000 - - - - - - - 32038 Metcalf Road Culvert Repair 450,000 41,610 - 408,390 408,390 450,000 - - - - - 32040 Metcalf Road Manhole Repair 14,000 - - 14,000 14,000 14,000 - - - - - 32041 Millie's Lane Asphalt Overly 46,523 - - - 46,523 46,523 - - - - - 32042 East Beaver Creek Blvd. Repair Project 28,806 - - - 28,806 28,806 - - - - - 33220 Annual Guard Rail Repair 40,000 7,035 40,000 40,000 40,000 NA 40,000 40,000 40,000 40,000 40,000 Lake Street / Riverfront Asphalt Overlay 890,000 - - - - - - - - 81,000 809,000 Upper Buck Creek Repairs / Asphalt Overlay 1,292,748 - - - - - 1,292,748 - - - - Post Blvd. Asphalt Overlay 2,750,000 - - - - - - 250,000 2,500,000 - - Swift Gulch Road - Buffalo Ridge Asphalt Overlay 673,474 - - - - - 60,000 613,474 - - - Swift Gulch Road - East Asphalt overlay 440,000 - - - - - - - - 40,000 400,000 Avon Road Asphalt Overlay 1,558,955 - - - - - - - 140,000 1,418,955 - Old Trail Road Asphalt Overlay 689,701 - - - - - 63,000 626,701 - - - Wildridge Road Asphalt Overlay 435,325 - - - - - - - - - 435,325 WBCB River Bridge Deck Repair Railing Upgrade 250,000 - - - 25,000 25,000 225,000 - - - 435,325 WBCB - Elementary School to Lake St Asphalt Overlay 650,000 - - - - - - - - - 650,000 Asphalt Seal Coat Roadway & Parking Lots 200,000 - - - - - 200,000 - - - - Avon Road Pedestrian Crosswalk Repairs 50,000 - - - - - 50,000 - - - - Multi-Modal/Alternative Mobility: 34039 US Hwy 6 Safety and Mobility Improvements Project 4,600,000 - 380,000 380,000 400,000 400,000 4,200,000 - - - - 34040 West B/C Blvd./ Beach On-street Parking Imp.10,325 10,325 - - - 10,325 - - - - - 34044 June Creek Emergency Access 110,000 7,127 100,000 102,873 102,873 110,000 - - - - - W. Main Street Mall Improvements 1,500,000 - - - - - - 1,000,000 - 500,000 - ATTACHMENT I CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Current Final Estimated Total Original Revised Revised Project Cost Proposed Project Audited Budget Budget Budget To-Date Budget Project #Capital Improvement Projects Budget 2021 2022 2022 2022 2022 2023 2024 2025 2026 2027 Projected Recreational Trails Program: 34041 Lee's Way Rebuild 50,000 - 50,000 50,000 50,000 50,000 - - - - - 34043 West Avon Preserve Trail Improvements 57,000 1,000 - - - 53,464 - - - - - Recreation Trail Path Recon. - Lower Athletic Field 866,000 - - - 72,000 72,000 794,000 - - - - Recreation Trail Path Recon. - WBCB to Spillway 665,138 - - - - - - - 60,000 605,138 - Hurd Lane - Recreation Trail Reconstruction 205,000 - - - - - 205,000 - - - - Eagle Valley Trail - West Reconstruction 325,000 - - - - - 325,000 - - - - Nottingham Park Rec Trail - North 340,565 - - - - - - - 30,000 310,565 - Utility Projects: 21026 Nottingham Rd. Debris Flow Improvements and Water Quali 600,810 64,056 - 336,620 336,620 600,810 - - - - - 21028 Avon Road Water Quality Vault Projects 315,000 4,106 - 56,922 56,922 315,000 - - - - - 21029 GIS Implementation - Drainage Infrastructure Layers 125,000 - 75,000 75,000 100,000 100,000 125,000 - - - - 61011 Tract A Drainage Improvements 50,000 - 50,000 50,000 50,000 50,000 - - - - - 61012 Nottingham-Puder Ditch Piping 818,750 - 62,500 62,500 62,500 62,500 756,250 - - - - 330 Nottingham Road Drainage Improvements 575,000 - - - - - 75,000 500,000 - - - 400 WBCB Drainage Improvements 575,000 - - - - - 75,000 500,000 - - - Planning and Consulting: 79114 Schematic Design / Final Design - W. Main Street 275,000 - 100,000 100,000 100,000 100,000 175,000 - - - - Facility Reserve Study 50,000 - - - - - - 50,000 - - - Communications and Technology: e-Gov.: 81011 Broadband 125,000 44,598 - 20,402 20,402 65,000 60,000 - - - - 81012 Fiber - CDOT Hand hold to PSF - - - - - - - - - - - 81013 RR Bridge LED Messaging Boards 75,000 55,930 - - - 55,930 - - - - - 81014 Permanent Variable Message Boards (3)150,000 17,719 - 132,281 132,281 150,000 - - - - - 81015 Finance/Comm Dev./HR ERP & HRIS Systems 275,290 22,299 - 110,235 110,235 275,290 - - - - - 81016 Mini-split NTH Data Center 20,000 - - 20,000 20,000 20,000 - - - - - 81017 Firearms Simulator 32,000 32,000 - - - 32,000 - - - - - 81018 Hybrid Meeting Technical Improvements 30,000 28,340 - - - 28,340 - - - - - 81019 Microsoft Teams Phone System Migration 64,413 - 38,939 38,939 45,075 45,075 19,338 - - - - 81020 Survellance NVR Server Consolidation and Replacement 32,000 - 32,000 32,000 32,000 32,000 - - - - - 81021 Nottingham Park Wi-Fi Access 150,000 - 75,000 75,000 - - 150,000 - - - - Total Capital Improvement Projects 42,792,662$ 4,542,239$ 5,685,439$ 8,802,173$ 8,813,259$ 14,322,352$ 14,486,336$ 4,595,175$ 2,960,000$ 3,235,658$ 3,079,650$ ATTACHMENT I 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Public Hearing - 2023 Budget DATE: November 1, 2022 SUMMARY: The draft 2023 proposed budget is presented to Council and the public. Per Colorado Budget Law review of the draft 2023 Budget is scheduled as a public hearing. The draft Town of Avon 2023 Budget was presented at the second budget retreat on October 28 with a review of all Town funds and recap of programming for special events and sustainability. In addition, there was discussion about a strategic focus on long range planning and the creation of a Downtown Development Authority. There have been several changes made to the 2023 budget based on Town Council discussion and input at the retreat. The revised budget presented is still very conservative and considers the current economic uncertainty yet still allows for funding of council’s goals and priorities related to growth and development, more specifically in the areas of community housing, sustainability, long-range planning, recreation, operations, and police. The Town’s fund balances are projected to remain very healthy to support municipal operations in case of economic downturn and revenues and expenditures have been budgeted conservatively so that the Town’s financial picture remains solid and sustainable. Council direction, questions or requests for additional information are helpful. Another public hearing is scheduled for November 15 and the final resolution adopting the 2023 Budget will be presented at the December 13 meeting. Please see ATTACHMENT A for the 2023 proposed budget that was presented at the Budget Retreat on October 30. BUDGET HIGHLIGHTS: Changes to the 2023 budget have been made in response to town council’s direction at the October 30 retreat and are highlighted below. GENERAL FUND: The General Fund includes a total reserve of $16,867,963 which includes the minimum reserve fund balance of 27% ($6,849,910), the required 3% TABOR emergency reserve ($980,080) and undesignated unreserved funds in the amount of $9,037,973. REVENUE PROJECTIONS: Sales and accommodation tax revenue projections for 2023 have been revised to indicate a flat or no growth estimate for these revenues. This resulted in a revenue reduction of $462,065 since the October budget retreat. Other General Fund revenues, including other taxes, fees, and licenses, are basically flat from 2022. Attachment A shows a summary of the Fleet Departments shop rate comparisons and increases over the years. PERSONNEL: Town Council supported new positions in 2023 that would increase staff resources in the following areas: Program Supervisor and Aquatics Coordinator (both budgeted full year) have been included in response to demand and impacts related to increased visitations at the Avon Recreation Center. Town Council requested more information about the request for two new positions at the Recreation Center and a review of the recreation fees compared to other recreation facilities. See ATTACHMENT B for more information. Building Technician (budgeted full year) in response to supporting a proactive building and facility maintenance plan. ATTACHMENT J Page 2 of 4 Long Range Planner (budgeted for half year, subject to Council review after 1st Quarter of 2023). The Long-Range Planner would be dedicated to assisting the formation and implementation of the Downtown Development Authority, creating and updating plans for redevelopment of Sun Road and East Avon, facilitating planning at the Village (at Avon), assisting with Community Housing planning, and assisting with planning related to lands adjacent to and surrounding Avon. This work can be substituted with contract planning firms; however, the use of third-party consulting firms does increase the workload for Staff to oversee and administer and generally will double the timeframe to conduct a planning process. GIS Manager (budgeted for half year, subject to Council review after 1st Quarter of 2023). Geographic Information Systems (GIS) is a system that allows data to be compiled, organized, analyzed and presented in a map style format. The benefit is that it allows a municipality to better manage assets and services, communicate and collaborate internally and externally, to organize information based on location, and to offer an information platform with easy access to a multitude of layers and overlapping information. The development and use of an effective GIS platform is not a one-time data entry effort to set it up. It is an on-going process of constantly adding and updating more information. A GIS Manager will enable the Town of Avon to capture, store, verify, manage, and display any data related to locations (spatial information) in Avon. GIS can show many different kinds of data on one map, such as location of utilities and drainage, streetscape and park assets, right-of-way signage, parking spaces, electric vehicle chargers, cultural and recreational features, existing structures and uses, zoning, allocation of single family residential equivalents for water use and water budgeting, solar access, traffic data, assessor information, demographics, assessor information, and any other data we want to relate to a location and track changes. GIS allows embedding information and notes with the location of each data point entered and allows for quick retrieval of information (e.g., location of storm water drainage vault, date of last clean-out and planned date of next clean-out). GIS is a common format such that Avon can incorporate GIS data from other sources, like Eagle County, Holy Cross Energy, and the Water and Sanitation District. The GIS Manager will be responsible for maintaining the base mapping data for Avon, entering will data collection for all Departments, and retrieving and presenting data when desired in a variety of formats. The Town has previously contracted with Eagle County to provide GIS services, which was primarily the production of maps for planning purposes. The Town has also contracted with an engineering firm to survey and enter data into a GIS format. Contracting for GIS services is an option. Contracted work is an option, but is more expensive, slower for delivery, and not timely for daily needs. Public Works: GIS data has been collected on streetlights, storm drains, and irrigation by a consultant. This data needs to be maintained and updated regularly. The Public Works team will use the information for planning, repair, and maintenance. Other infrastructures that should be mapped are underground utilities; traffic control signage and devices; trash and recycling containers; built infrastructure such as bus stops, pavement, roofs, etc. Community Development: The GIS Manager can provide strategic planning support, spatial analysis, and modeling for a variety of important planning efforts. These efforts include site selection, land suitability analysis, land use and transport modeling, the identification of planning action areas, and impact assessments. For example, the GIS Manager can create and track demographic and income maps to demonstrate need, which is important in grant writing. Another example would be tracking water usage and assignments by parcels and addresses for water conservation purposes. ATTACHMENT J Page 3 of 4 Eagle County currently has a GIS Department consisting of a GIS Manager and a GIS Analyst. They have created robust GIS data sets for unincorporated Eagle County (sample maps below.) These new positions are estimated to cost a total of $439,169 in 2023. Based on council’s feedback not to increase CASE programing, the Special Events Production Assistant was not included in the 2023 budget. Also, town staff may continue to engage consultants on some of the long-range planning efforts until related positions are filled in 2023. SPECIAL EVENTS: The outcomes of the discussion about special events are summarized below: Events Program Detail Budget Revisions S.E. Production Assistant position eliminated ($112,6990.00) Battle of the Banks (moved to AvonLIVE!) ($10,000.00) Town Clean Up (no music) $1,700.00 Summer’s End Monday Concert (AvonLIVE! Level concern on Monday) ($79,537.50) Heart & Soul Event eliminated in 2023 ($149,973.87) SunsetLIVE!: sound rolled out of Summer’s End $1,060.00 XTERRA cash contribution eliminated ($10,000.00) TOTAL ($359,450.37) REVIEW: Winter Fireworks Event in 2023 $88,900.00 not included ATTACHMENT J Page 4 of 4 While a ten-year vision statement from CASE included slowly building AvonLIVE! to a regular attendance of 2,500 to 3,000 and establishing signature event in June (Best of the West) and signature event in September (Heart and Soul), there was Council consensus to offer events with a community focus that would attract more modest attendance as well as rethink the proposed new events that would likely conflict with other events offered during those timeframes. The savings from the reduced event programming is estimated at $359K. Staff does request input about adding a winter fireworks event at an estimated cost of $88,900. Town staff will continue to work with CASE and Town Council to develop a strategic plan that provides for event programing that is robust, provides community and economic benefits and meets budgetary constraints. FLEET MAINTENANCE FUND: There was a request to provide a summary outlining shop rates in comparison to similar operations, see ATTACHMENT D. The Fleet Maintenance Fund is an Enterprise Fund where revenues are generated from maintenance repair work charges to Town Departments (est. over $670K) and other governmental agencies (est. $879K). Shop rates were increased 5% this year to help cover the costs of inflation on goods. It has been five years since shop rates were raised. In addition to recovering labor costs and overhead, the increase in rates will also allow Fleet to keep up with inflation. CAPITAL IMPROVEMENTS: 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. The General Fund unrestricted reserves are also considered as sources of funds for payments on capital improvements. The Town’s need for capital improvements will include several new potential projects as well as an established robust schedule for the maintenance of existing facilities and roads/streets infrastructure, transitioning fleet purchases from lease purchase arrangements to cash purchases, as well as improvements to town owned parks. Several potential large expense capital improvements are identified below but not included in the Capital Projects Fund 5 Year Plan. The list of projects would require Council and community input so the town would be able to strategically prioritize and determine appropriate funding resources to support such improvements. Potential Projects Estimated Costs Nottingham Park Restrooms $5-$10 Million Public Works Facility $10 Million Replace Irrigation $ 3 Million Expand Recreation Center $10-20 Million Community Housing $30-50 Million TOTAL $58–93 Million Thank you, Eric ATTACHMENT A: 2023 Proposed Budget Document (presented at Oct. 28th Budget Retreat meeting) ATTACHMENT B: Recreation Department Report: Review of 2023 Department Budget (Personnel Requests and Revenue Projections) ATTACHMENT C Summary of Fleet Division’s Shop Rate Comparisons ATTACHMENT D Budget 2023 Slide Presentation ATTACHMENT J _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON URBAN RENEWAL AUTHORITY MEETING AGENDA TUESDAY, DECEMBER 13, 2022 MEETING BEGINS AT 6:30 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON URBAN RENEWAL AUTHORITY MEETING IS SCHEDULED TO BEGIN AT 6:30PM. THIS START TIME IS APPROXIMATE AND COULD START EARLIER OR LATER THAN 6:30PM. 1. CALL TO ORDER AND ROLL CALL 6:30 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. BUSINESS ITEMS 4.1. PUBLIC HEARING FOR THE ADOPTION OF THE 2023 PROPOSED AND 2022 FINAL REVISED AVON URBAN RENEWAL AUTHORITY ANNUAL BUDGETS (TREASURER SCOTT WRIGHT) (5 Minutes) 6:30 • RESOLUTION 22-01, AMENDING THE 2022 AVON URBAN RENEWAL AUTHORITY BUDGET • RESOLUTION 22-02, SUMMARIZING EXPENDITURES AND REVENUES AND ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2023 AND ENDING ON THE LAST DAY OF DECEMBER 2023 5. APPROVAL OF DECEMBER 14, 2021 URA MEETING MINUTES (AUTHORITY CLERK BRENDA TORRES) (5 Minutes) 6:35 6. ADJOURNMENT 6:40 *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. (970)748-4055 swright@avon.org TO: Chairperson Sarah Smith Hymes and URA Commissioners FROM: Scott Wright, Authority Treasurer RE: 2023 Proposed and 2022 Revised Budgets DATE: December 13, 2022 Introduction and Action Before the Board Adoption of the 2023 Proposed and 2022 Final Revised Avon Urban Renewal Authority annual budgets. Summary Attached are the final proposed and revised budget resolutions for the Avon Urban Renewal Authority. The Authority is considered a separate legal entity from the Town authorized by the Colorado Urban Renewal Act. The Authority’s budget summary is attached as an exhibit to this memorandum and is also included for informational purposes in the Town’s budget summary as a component unit of the Town. Public hearings were previously held on November 8 and November 15. There have been no changes to either the 2022 final revised budget or the 2023 proposed budget since the budget retreat held on October 28, 2022. Proposed Motion “I move to approve Resolutions 22-01 and 22-02 to amend the final revised 2022 annual budget and adopt the proposed 2023 annual budget for the Avon Urban Renewal Authority.” Recommendation Staff recommends that the Board adopt the resolutions as presented. Exhibits and Attachments: Attachment A - Resolution No. 22-01 Attachment B - Resolution No. 22-02 Attachment C - Avon Urban Renewal Authority Fund Summary Thank you, Scott Resolution No. 22-01 December 13, 2022 Page 1 of 2 AVON URBAN RENEWAL AUTHORITY RESOLUTION NO. 22-01 A RESOLUTION AMENDING THE 2022 AVON URBAN RENEWAL AUTHORITY BUDGET WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has previously adopted the 2022 budget; and WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority reviewed the revised estimated revenues and expenditures for all funds for 2022; and WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority finds it necessary to amend the 2022 budget to more accurately reflect the revenues and expenditures for 2022; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2022 budget was open for inspection by the public at a designated place, a public hearing was held on December 13, 2022 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are revised as follows for 2022: Original or Previously Amended 2022 Budget Current Proposed Amended 2022 Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 70,399 1,835,895 1,806,150 $ 100,144 $ 95,276 1,839,922 1,806,150 $ 128,927 Section 2. That the budget, as submitted and amended hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. ATTACHMENT A Resolution No. 22-01 December 13, 2022 Page 2 of 2 Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED December 13, 2022 by the AVON URBAN RENEWAL AUTHORITY BOARD OF COMMISSIONERS By:______________________________ Attest:________________________ Sarah Smith Hymes, Chairman Scott Wright, Treasurer CERTIFIED: _____________________________ Miguel Jauregui Casanueva, Authority Clerk ATTACHMENT A Avon Urban Renewal Authority Resolution No. 22-02 December 13, 2022 Page 1 of 2 AVON URBAN RENEWAL AUTHORITY RESOLUTION NO. 22-02 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2023, AND ENDING ON THE LAST DAY OF DECEMBER, 2023. WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has directed the Authority’s Executive Director to prepare and submit a proposed budget for its consideration; and WHEREAS, Scott Wright, Treasurer, has submitted a proposed budget and held a budget retreat with said governing body on October 28, 2022; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, public hearings were held on November 8, November 15, and December 13, 2022 and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues or planned to be expended from reserves/fund balances so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are as follows for 2023: 2023 Proposed Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 128,927 1,834,772 1,805,979 Ending Fund Balance $ 157,720 ATTACHMENT B Avon Urban Renewal Authority Resolution No. 22-02 December 13, 2022 Page 2 of 2 Section 2. That the budget, as submitted, hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED December 13, 2022 by the AVON URBAN RENEWAL AUTHORITY BOARD OF COMMISSIONERS By:______________________________ Attest:________________________ Sarah Smith Hymes, Chairman Scott Wright, Treasurer CERTIFIED: _____________________________ Miguel Jauregui Casanueva, Authority Clerk ATTACHMENT B Fund Summary Final Original Revised Proposed Actual Budget Budget Budget 2021 2022 2022 2023 REVENUES Taxes 1,628,814$ 1,835,895$ 1,839,922$ 1,834,772$ Investment Earnings 21 - - - TOTAL REVENUES 1,628,835 1,835,895 1,839,922 1,834,772 EXPENDITURES Current: General Government -1,000 1,000 1,000 Treasurer Fees 54,982 55,077 55,198 55,043 Debt Service: Principal 605,278 619,647 619,647 634,175 Interest 143,841 129,526 129,526 114,861 Fiscal Charges 2,400 900 900 900 Total Operating Expenditures 806,501 806,150 806,271 805,979 Other Uses Transfers Out - Capital Projects Fund 750,000 1,000,000 1,000,000 1,000,000 TOTAL EXPENDITURES 1,556,501 1,806,150 1,806,271 1,805,979 NET SOURCE (USE) OF FUNDS 72,334 29,745 33,651 28,793 FUND BALANCES, Beginning of Year 22,942 70,399 95,276 128,927 FUND BALANCES, End of Year 95,276$ 100,144$ 128,927$ 157,720$ AVON URBAN RENEWAL AUTHORITY #22Summary ATTACHMENT C MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING WEDNESDAY DECEMBER 14, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Chairwoman Smith Hymes called the meeting to order at 6:21 p.m. A roll call was taken, and Authority members present in person were Amy Phillips, Scott Prince, RJ Andrade, Chico Thuon, Lindsay Hardy, and Tamra Underwood. Also present were Planning Director Matt Pielsticker, Chief of Police Greg Daly, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Intern Emily Myler, and Authority Clerk Brenda Torres. 2. APPROVAL OF AGENDA The Video Start Time: 01:19:39 No changes were made to the agenda. Authority Member Underwood moved to approve the agenda as presented. Authority Member Andrade seconded the motion and the motion passed with a vote of 7 to 0. 3. PUBLIC COMMENT The Video Start Time: 01:19:58 Chairwoman Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. No public comments were made. 4. BUSINESS ITEMS 4.1 PUBLIC HEARING FOR THE ADOPTION OF THE 2022 PROPOSED AND 2021 FINAL REVISED AVON URBAN RENEWAL AUTHORITY ANNUAL BUDGETS (TREASURER SCOTT WRIGHT) The Video Start Time: 01:20:14 Treasurer Scott Wright spoke about the changes in the budget for both 2021 and 2022. He also answered questions from Authority Members. Chairwoman Smith Hymes called for public comments and no public comments were made. Authority Member Underwood moved to approve Resolution 21-01 and Resolution 21-02 to amend the Final Revised 2021 Annual Budget and Adopt the Proposed 2022 Annual Budget for the Avon Urban Renewal Authority. Vice Chairwoman Phillips seconded the motion and the motion passed with a vote of 7 to 0. 4.2 APPROVAL OF THE DECEMBER 8, 2020 URA MEETING MINUTES (DEPUTY AUTHORITY CLERK KENDALL MOORE) The Video Start Time: 01:28:10 Authority Member Prince moved to approve the December 8, 2020 URA Meeting Minutes. Authority Member Underwood seconded the motion and the motion passed with a vote of 5 to 0. Authority Members Andrade and Hardy were not members of the URA at the time of this meeting so they were abstained from the vote. MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING WEDNESDAY DECEMBER 14, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 5. ADJOURNMENT There being no further business to come before the Authority, Chairwoman Smith Hymes moved to adjourn the meeting. The time was 6:32 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: ______________________________ Brenda Torres, Authority Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 15, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 1 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:01:15 The meeting was hosted in person, at Avon Town Hall Council Chambers. Mayor Smith Hymes called the November 15, 2022 Council regular meeting to order at 5 p.m. A roll call was taken, and Council members present were Sarah Smith Hymes, Tamra Underwood, RJ Andrade, Lindsay Hardy, Amy Phillips, Scott Prince and Chico Thuon. Also present in person were: Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief of Police Greg Daly, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Deputy Town Clerk Brenda Torres, Finance Director Scott Wright, Town Engineer Justin Hildreth, John Weiss, Eagle County Gives Collaborative, and Town Planner Max Morgan. 2. APPROVAL OF AGENDA Video Start Time: 1:35 Mayor Smith Hymes initiated the meeting with the Agenda approval process. Councilor Underwood requested a change in the Agenda to move Item 7.1 after Item 5.3. Mayor Pro Tem Phillips moved to approve the Agenda with the change requested. Councilor Hardy seconded the motion to Approve the agenda. It was approved with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 2:14 Mayor Smith Hymes asked if there were any conflicts of interest related to the Agenda and no conflicts of interest were discussed or disclosed by Councilors. 4. PUBLIC COMMENT Video Start Time: 2:27 Mayor Smith Hymes explained how to participate in the meeting via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda. She added participation by members of the public is limited to 3 minutes. Mayor Smith Hymes called for public comments and Lynne Brooks, outgoing General Manager of the Eagle River Water and Sanitation District spoke to Council and introduced her successor, Siri Roman. Roman stated that she’s excited to represent ERWSD and has worked on the Avon wastewater treatment project. She added she looks forward to inviting Council for a tour of the new facility. Lynne took the podium for an additional minute to read a letter from ERWASD in support of the new Avon landscaping standards, a copy of which was added to the record. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 15, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 2 On Zoom, there were no public comments. This concluded public comment. 5. BUSINESS ITEMS 5.1. PROCLAMATION EAGLE COUNTY GIVES DAY 2022 (JOHN WEISS, EAGLE COUNTY GIVES COLLABORATIVE) Video Start Time: 7:57 Avon resident Michelle Stecher took the podium with other non-profit organization representatives to share that since 2010 Eagle Valley Gives has given support to different nonprofits local to the Valley. She stated contributions will benefit over 60 different organizations and the 24-hour event connects donors with organizations. She concluded by sharing the Eagle Valley Gives website which is eaglecountycoloradogives.org or coloradogives.org Councilor Underwood asked those at the podium to introduce themselves. Stecher stated she works with Mountain Youth, Christine Homberg with Foresight Ski Guides, Tsu Wolin-Brown with the Salvation Army, and Jen Rogus with Bright Future Foundation. Mayor Smith Hymes read the Eagle County Gives Day Proclamation into the record, and proclaimed Tuesday December 6, 2022 as Colorado Gives Day. 5.2. RESOLUTION 22-24 SUPPORT SUBMITTAL OF THE BENCHMARK RESERVOIR CONSERVATION AND OUTREACH PROJECT APPLICATION FOR THE GRANT PROGRAM OFFERED BY THE COLORADO WATER CONSERVATION BOARD’S COLORADO WATER PLAN PROGRAM (TOWN MANAGER ERIC HEIL) Video Start Time: 14:34 Town Manager Eric Heil presented Resolution No. 22-24 for the approval of the grant application for submittal to the Colorado Water Conservation Board (CWCB), which if awarded, would help fund the design component of the replacement of Avon’s current irrigation system. Town Manager Heil asked that if Council approve this Resolution, they do so allowing him discretion for the Mayor and he to file the grant application with any changes needed on or before December 1st, 2022. He added that the purpose of the grant is to improve irrigation systems and diminish water consumption for better water conservation. Councilor Underwood said she is in favor of the grant and asked for caution on the correct use of the name of the reservoir, since there is some naming confusion in different materials. Town Manager Heil stated that there is a disconnect between what the State calls the reservoir and what the Town calls it. He stated he will ensure that there’s no confusion when applying for the grant. Mayor Smith Hymes stated that in reading through the irrigation report, she is happy that the GIS position is being created to locate where all water lines and irrigation systems are. Councilor Andrade stated he felt it was put in the report to sway his vote against the new GIS position. Mayor Smith Hymes asked if the grant application consultant will be used for this application and Town Manager Heil answered no, the consultant will focus on big ticket grants. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 15, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 3 Mayor Smith Hymes called for public comments and none were made. After deliberations and public comments, Town Council took a vote on the adoption of Resolution No. 22-24 which authorizes and supports the application process for the Benchmark Reservoir Conservation and Outreach Project. Councilor Thuon moved to approve the Resolution. Mayor Pro Tem Phillips seconded the approval of the Resolution. The Resolution was approved with a vote of 7-0. 5.3. Public Hearing: Proposed 2023 Budget (Finance Director Scott Wright and Town Engineer Justin Hildreth) Video Start Time: 23:17 Town Manager Heil stated Finance Director Wright was at a conference and that he would present on his behalf. He walked Council through the 2023 proposed budget presentation. Town Engineer Justin Hildreth then presented the 2023 capital projects section of the presentation. Town Manager Heil detailed the status of funding the US6 Pedestrian Safety Project (Stonebridge Roundabout) and discussed Avon’s match that was increased by $600,000 and the anticipated shortfall which he would expect Eagle County would pay. He explained the project has grown in expenses mostly due to CDOT’s statutory constraints that they won’t allow pedestrian crossings without going through the regulatory process of reducing the speed limit first. Deliberations from Council began with Mayor Smith Hymes asking if CDOT can pay for the increase they are causing. Town Manager Heil clarified that the addition of the roundabout is what increases the cost of the project. Councilor Phillips asked Eva Wilson which grants are being used for this project. After she explained grants available for the project and how the Town intends to mitigate the shortfall, she explained the rationale behind the design used for the project. Councilors continued discussion by analyzing which properties this project would benefit and whether they were in or out of the Town’s boundaries. Councilor Underwood stated that if Eagle County won’t match Town contributions the cover the shortfall, she believes the project shouldn’t continue forward. Councilor Andrade suggested the Town explore an appeal process with CDOT. Town Manager Heil explained that the CDOT process is unreasonable. He said the Town will explore a solution with Colorado State Representative Dylan Roberts, whom he believes may be able to intercede on the matter. Heil added that CDOT won’t reduce the speed limit from 45 to 35 mph until such time as it has verified that motorists travel at 35 mph. Councilor Thuon reflected on the cost of a life should there be an accident for lack of a crosswalk. He added that it is essential to have a crosswalk and Council should have foresight to move forward with the project because it will only get more expensive down the road. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 15, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 4 Councilor Andrade supported moving forward with the project and asked the Town continue to explore how to mitigate the shortfall. Mayor Pro Tem said crosswalks are important and that speed limits needs to be lowered for crosswalks to be implemented by CDOT. She added there are many who benefit from the project outside Town boundaries so County needs to step up their contributions. Town Manager Heil added there’s no intention to stop the project and will explore funding options with CDOT, by asking CDOT to give a variance on existing rules to add crosswalks. Underwood said she would like all those who benefit from the project to pay their fair share. Prince said he supports staying on course, regardless of the shortfall, because pedestrian safety is a priority and there has been a death due to the existing design. That concluded the US6 Pedestrian Safety Project, and Town Manager Heil moved deliberations to capital improvements, their public bidding process, and future decisions around large and small scope projects. Mayor Pro Tem Phillips recommended local contractors be used for small scope projects to try and lessen costs. Councilor Hardy reflected on the merit of the Town waiting for the economy to slow in the hope construction costs will lower. She inquired on the Eagle River Bridge improvement project’s scope and objectives. Hildreth explained improvements within the scope of the project, including drainage work for the Bridge and a storm water quality vault, replacing concrete at bus pullouts, rebuilding the sidewalk by elementary school and 8 ramp replacements, which is typical of paving projects. Councilor Hardy asked Wilson and Hildreth which measures will be taken to ensure quality control and budget management of capital improvements projects. Wilson said her philosophy is to update the public on any project change, to ensure it is transparent, accountable, and communicated. Councilor Andrade asked how many water fountains will be added for $75,000. Hildreth answered 4, but stated there are additional benefits in adding them, including rebuilding of paths and sidewalks. He then asked what $75,000 for Nottingham Park Wi-Fi covers. Hildreth answered it is to improve Wi-Fi for special events and town purposes and not for public Wi-Fi. Council asked Town Manager Heil to provide more information on the Wi-Fi project for the following council session on December 13, 2022. At the conclusion of the Capital Improvements discussion, Mayor Smith Hymes asked if the Rec Trail improvement project’s costs includes construction which Hildreth confirmed it does. She closed her statement encouraging the incoming Council to find a way to build bathrooms at Nottingham beach. Mayor Smith Hymes called for public comments. There were none in person or virtually, which ended the public hearing on the 2023 budget. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 15, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 5 7.1 Construction and Road Closure Update Video Start Time: 1:05:41 Based on the approved change to the Agenda, Item 7.1 Construction and Road Closure Written Report Update was opened for discussion. Councilor Underwood thanked Hildreth for the report, which she expressed was helpful. She asked if developers of projects, such as the one on Stonebridge Dr., can leave them incomplete without any consequence, even when it is an inconvenience to the neighborhood. Hildreth said the consequence is that they have to pay a new application fee. Public Operations Manager Gary Padilla came to the podium on behalf of Hildreth and stated that there are a few fees that need to get paid for a project such as that and estimated they collected approximately $7,000 for that project. He added he too was unhappy with the results and clarified there will be a better strategy to complete the project next year. Mayor Pro Tem Phillips asked if the Town could require them to complete the project before they restart it, and Padilla said that is the intent and there will be a better game plan. She then asked about the status of the pocket park at end of cul-de-sac on Eagle Bend, where the swing set was removed for utilities. Hildreth stated the park equipment will be replaced by the contractor responsible. Councilor Prince closed the discussion by asking that the Capital Improvement Projects budget include the need and rationale behind each project, and Hildreth agreed to include that information. 5.4. Town of Avon Employee Housing Policy Discussion (Town Manager Eric Heil) Video Start Time: 1:13:52 Town Manager Eric Heil stated that Councilor Andrade asked for the policy for employee housing at the Town, and that the Town did not have one yet due to the small inventory the Town owns. Town Manager Heil said he was working on some guidelines, including rentals and ownership options. He added he would like feedback from Staff to complete a proposed policy. Councilor Underwood asked that the Town policy with respect to community housing become an appendix to the broader Avon Community Housing Plan. Councilor Andrade asked for guidelines to be created hat would address “when” the Town would buy a property. He is concerned the Town is snatching up homeownership opportunities from locals. Councilor Prince stated buying units for essential workers such as police should be a priority. Mayor Pro Tem Phillips also asked for these guidelines to be formalized and was interested in AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 15, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 6 knowing what other local communities include in these guidelines. Councilor Thuon asked for a matrix to be created where a percentage of essential employees have access to live in town by 2026, as an example of something to work for. Heil said housing is an issue that is not going away and suggested a number of 50% for staff is appropriate for not just town staff but all employees. In response to Mayor Smith Hymes’ question, Heil said this policy will prioritize housing allocation to employees based on years of service with the Town, not whether they have a family or not. 6. MINUTES 6.1. APPROVAL OF NOVEMBER 8, 2022, REGULAR COUNCIL MEETING MINUTES (TOWN CLERK MIGUEL JAUREGUI CASANUEVA) Video Start Time: 1:24:48 pm Town Clerk Miguel Jauregui Casanueva presented the Regular Council Meeting Minutes dated November 8, 2022. Councilor Hardy asked that 3 typos to the Mayor’s last name be corrected in the Minutes. She also expressed the need to add the Fire Marshall’s nickname “Mick” when referring to him in the Minutes. She also added that “local resident” be added to Dave Dantas’s introduction. Councilor Hardy said it is helpful to know if someone is a local resident and that any time there’s public input, the Minutes should reflect when they are locals. After deliberations, Town Council took a vote on their approval, with the 5 corrections from Councilor Hardy. Councilor Thuon moved to approve the Minutes, as amended. Mayor Pro Tem Phillips seconded the motion for approval of the Minutes, as amended. The Minutes were approved as amended with a vote of [7-0]. 7. WRITTEN REPORTS 7.1. Construction and Road Closure Update (Town engineer Justin Hildreth) [Agenda amended and 7.1 moved after 5.3] 7.2. Short Term Rental Re-Registration Update (Planner 1+ Max Morgan) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 1:27:06 Mayor Smith Hymes asked Council if there were any comments or meeting updates from other Councilors. Councilor Hardy spoke positively about the Town’s pumpkin composting after Halloween, then asked for information on the sustainability event at the Net Zero Building Expo, which is free to the public. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 15, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 7 Town Manager Heil spoke to the details of the event. Councilor Hardy requested a group picture with outgoing council. Councilor Underwood highlighted the positive feedback on the mobility partnership between the Town and Beaver Creek related transporting skiers and restaurant workers in shuttles. Mayor Smith Hymes thanked Town staff for putting out idling education. She then celebrated the passing of the Eagle County Regional Transportation Authority. Councilor Underwood thanked Mayor Smith Hymes and Town Manager Heil for their leadership on the ECRTA. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 6:34 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: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Proclamations: Year of Service for Mayor Sarah Smith Hymes and Councilor Scott Prince DATE: December 8, 2022 SUMMARY: Please find attached two proclamations honoring the service of Mayor Sarah Smith Hymes and Councilor Scott Prince who are both finishing their second four-year term. Mayor Smith Hymes will read the Proclamation for Councilor Prince and then Mayor Pro Tem Amy Phillips will read the Proclamation for Sarah Smith Hymes. The outgoing council members and current Town Council members are invited to share some comments at this time. ATTACHMENTS: Attachment A – Proclamation Honoring Councilor Scott Prince Attachment B – Proclamation Honoring Councilor Sarah Smith Hymes PROCLAMATION Town of Avon, Colorado A PROCLAMATION RECOGNIZING SCOTT PRINCE FOR HIS YEARS OF SERVICE WHEREAS, Scott Prince has served on the Avon Town Council since November 18, 2014, and continued on to serve a second term as Councilor from 2018 to 2022; and WHEREAS, Scott‘s years of service have been marked by dedication to community engagement and transparency in governance and Scott has been an influential leader in earning trust with the Avon community; and WHEREAS, Scott has been passionately involved in responsible budgeting and finances for the Town, served on the Town’s Finance Committee, and has lead the Town to reform finance policies and practices, reduce the Town’s debt, and thereby expand the financial opportunities for succeeding Town Council’s; and WHEREAS, Scott has been a dedicated health advocate, including spearheading Town of Avon legislation to raise the minimum age to purchase cigarettes and tobacco products; successfully referring a tax on cigarettes and tobacco products which was soon followed by a state wide tax; supporting legislation to ban smoking in Town parks; and serving on the Health and Recreation Committee; and, WHEREAS, Scott has been a dedicated recreation and athletics advocating, including supporting the growth of Avon’s swim program; supporting trail development on the West Avon Preserve, including Lee’s Way; supporting numerous athletic events in the Town of Avon; and generally advocating for Avon to be a recognized as a leader in mountain athletics and community health; and WHEREAS, Scott has been a significant leader in advancing Avon’s Community Housing goals, including offering invaluable expertise on residential mortgage financing and housing deed restrictions; adopting the Town of Avon Community Housing Plan; establishing the Mi Casa Avon deed restriction program; adopting policies and code amendments to provide incentives for Community Housing and enact inclusionary zoning to require Community Housing; and establishing funding sources for Community Housing, including advocating for the Short Term Rental Tax which was successfully approved by Avon voters; and, WHEREAS, for sixteen years, Scott diligently promoted compliance with the Avon Comprehensive Plan as a member of the Town’s Planning and Zoning Commission and as a member of the Avon Town Council which as resulted in Avon’s attractive development and orderly improvement as a community; and WHEREAS, Scott has exemplified the best qualities of public leadership by respectfully listening to his fellow Council members, voicing his opinions and explaining his reasoning, even when in the minority, all while respecting the Council as the governing body and public institution of the Town of Avon. NOW, THEREFORE BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: By virtue of Councilor Scott Prince’s community involvement, leadership, and dedication we, the Avon Town Council, proclaim December 15, 2022, as “SCOTT PRINCE DAY”, in the Town of Avon, Colorado, and urge all Avon citizens to congratulate and thank Scott Prince for his public service. TOWN OF AVON BY:______________________________ ATTEST:___________________________________ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A PROCLAMATION Town of Avon, Colorado A PROCLAMATION THANKING SARAH SMITH HYMES FOR HER YEARS OF SERVICE WHEREAS, Sarah Smith Hymes has served with distinction on the Avon Town Council since November 18, 2014, and provided steadfast and resolute leadership to the Avon Town Council and staff as Mayor from 2018 to 2022; and WHEREAS, Sarah championed the Town’s support of Eagle Valley Transportation Authority formation process which will significantly improve regional transportation for decades to come; and WHEREAS, Sarah has been a passionate advocate of the Town’s climate action goals and policy implementation; led the establishment of a Sustainability Coordinator position; successfully advocated for the adoption of many climate action policies; participated in the formation of the Climate Action Collaborative Governing Board; served as the first Chairperson of the Climate Action Collaborative Governing Board; represented the Avon community with Colorado Communities for Climate Action; and WHEREAS, Sarah has been a diligent and perspicacious representative of Avon’s water resources protection while serving as the Town’s representative on the Upper Eagle Regional Water Authority; and WHEREAS, Sarah has been a recognized leader among ski town communities and served on the Board of Directors of the Colorado Association of Ski Towns; and WHEREAS, Sarah’s efforts and dedication to Community Housing advanced many housing policies, including adopting the Town of Avon Community Housing Plan; establishing the Mi Casa Avon deed restriction program; adopting policies and code amendments to provide incentives for Community Housing and enact inclusionary zoning to require Community Housing; establishing funding sources for Community Housing; and serving on the Eagle Bend, Buffalo Ridge and Kayak Crossing non-profit corporation Board of Directors; and, WHEREAS, Sarah has served as the Town of Avon’s representative on the Economic Advisory Council of Eagle County and served as the Town’s liaison for the Village (at Avon) development; and WHEREAS, Sarah successfully prevailed on a misguided recall effort which reaffirmed her support by the Avon voters for a third time during her years of service, and at all times maintained the dignity, decorum, integrity and professionalism befitting of an Avon leader throughout the recall process; and, WHEREAS, Sarah’s years of service have been marked by exemplary dedication to take the time to listen and respond to Avon residents and Avon’s business community on any and all matters; and, WHEREAS, lastly (and possibly most importantly) nary a misspelling or grammar inadequacy escaped her watchful eye for eight years, which is a testament to her dedication to Avon’s interests by carefully reading volumes and volumes of materials regarding Town of Avon business. NOW, THEREFORE BE IT PROCLAIMED ON DECEMBER 13, 2022, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THE FOLLOWING: By virtue of Councilor Sarah Smith Hymes’ community involvement, leadership, and dedication, we the Avon Town Council proclaim December 14, 2022, as “SARAH SMITH HYMES DAY”, in the Town of Avon, Colorado, and urge all Avon citizens to congratulate and thank Sarah Smith Hymes for her years of public service. TOWN OF AVON BY:______________________________________ ATTEST:_____________________________________ Amy Phillips, Mayor Pro Tem Miguel Jauregui Casanueva, Town Clerk ATTACHMENT B 970-748-4021 pmckenny@avon.org TO: Council members FROM: Patty McKenny, Deputy Town Manager RE: Election Results of November 8, 2022 Process for Selection of Mayor and Mayor Pro Tem DATE: December 8, 2022 SUMMARY: The purpose of the report is to (1) report the final official certified November 8, 2022 General Election results, and (2) provide the context for the selection of the Mayor and Mayor Pro Tem. The Town thanks Regina O’Brien and her team with the Eagle County Clerk’s Office in coordinating and administering a successful election season. The new Town Council members who will be sworn in Tuesday include Rich Carroll, Ruth Stanley, Chico Thuon and Tamra Nottingham Underwood. Judge Buck Allen will administer the oath of office (Attachment A) for the swearing-in ceremony. The process for the selection of the next Mayor and Mayor Pro Tem will begin immediately after, see steps on page 2. ELECTION RESULTS: The two tables below provide the final official certified results for the municipal candidate race as well as the Ballot Issue 2G results for the Town of Avon. Please access the link November 8, 2022 General Election | Avon, CO - Official Website to view the official certified election results for the full Eagle County ballot, CLICK “Certified Election Results”. Please note some highlights provided by the Eagle County Clerk that helps to explain the results of the candidate election: There were 1,839 TOA ballots cast in this election and there were 2,979 active registered TOA voters (the active, registered voter total is determined on Election Day morning). This is what determines the voter turnout of 61.73% for this race. The total number of undervotes was 3,235 which is made up of votes not cast for the town council race out of a possible four vote per voter (since this was a vote for up to four candidate race). For example, if a voter did not vote for any candidates, that would equate to four undervotes. If a voter only voted for two candidates, that would equate to two undervotes. 970-748-4021 pmckenny@avon.org If you multiply the total number of TOA ballots cast by four possible votes per voter, the total is 7,356 possible votes. Then, if you add the "Total Votes" of 4,121 plus the total number of "Undervotes" of 3,235, you come up with 7,356 which is the total number of possible votes that could have been cast in the Town Council race when 1,839 voters’ ballots were counted. MAYOR AND MAYOR PRO-TEM: The Avon Home Rule Charter sets forth the election of the Mayor and Mayor Pro Tem, see section below: Section 4.3 - Election of mayor and mayor pro-tem. The Mayor and Mayor Pro-Tem shall be elected from amongst the duly elected Council members by the concurring vote of four (4) Council members at its first organizational meeting held after final certification of the election results after each regular municipal election or as soon as practical after a vacancy of the position of Mayor or Mayor Pro-Tem occurs. Any vacancy of the position of Mayor or Mayor Pro-Tem shall be filled in accordance with the procedures in this Section. (Ord. 11-13 §3) In addition, the Charter outlines the powers and duties of each position, as follows: Section 4.4 - Mayor and mayor pro-tem - powers and duties. The Mayor shall preside at meetings of Council and shall exercise such powers and perform such other duties as are or may be conferred and imposed upon him by this Charter or the ordinances of the Town. The Mayor shall have the power to vote on all matters in accordance with procedures adopted by Council by motion or resolution. The Mayor shall be recognized as the head of the Town government for all ceremonial, dignitary and legal purposes and he (sic) shall execute and authenticate legal instruments requiring his signing as such official. In the absence or disability of the Mayor, the Mayor Pro-Tem shall preside at meetings of Council and shall have all powers and duties of the Mayor. (Ord. 11-13 §3) Section 4.5 - Acting mayor. In the absence or disability of the Mayor and Mayor Pro-Tem, the Council may appoint 970-748-4021 pmckenny@avon.org by motion a Council member to serve as the Acting Mayor at such meeting who shall preside at the meeting and shall have all powers and duties of the Mayor as regards final actions taken by Council at such meeting. (Ord. 11-13 §3; Ord. 84-3 §l) SELECTION PROCESS FOR MAYOR AND MAYOR PRO TEM: Please note the steps for the selection process below: 1. A Chairperson is selected by the Council. The Chairperson may be a member of Council or any other person. 2. The Chairperson takes roll call of members. 3. Nominations are taken by the Chairperson for the position of Mayor. Self-nominations are acceptable. 4. Each nominated candidate will be allotted time to speak about his/her interest in serving as Mayor. 5. After remarks are concluded, time is allowed for a question-and-answer session for each of the nominees by the entire Council, including the nominees’ asking questions of each other. 6. Council members vote completing the paper ballot which indicates the name of the person voting and his/her vote for the Mayor or Mayor Pro Tem. The Town Attorney and the Town Clerk will confirm the total votes for each nomination, and then read each Council members’ vote into the record. 7. If there is a tie, the vote is repeated. 8. The same process is followed for the selection of the Mayor Pro-Tem position. TOWN MANAGER RECOMMENDATION OR COMMENTS: Thank you, Patty and Eric ATTACHMENT A: Oath of Office OATH OF OFFICE STATE OF COLORADO ) EAGLE COUNTY ) SS TOWN OF AVON ) I, _____________________ DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND STATE OF COLORADO, AND THE CHARTER AND ORDINANCES OF THE TOWN OF AVON, AND FAITHFULLY PERFORM THE DUTIES OF TOWN COUNCIL MEMBER FOR THE TOWN OF AVON UPON WHICH I AM ABOUT TO ENTER. ___________________________ ________________ AVON TOWN COUNCIL MEMBER DATE SUBSCRIBED AND SWORN TO BEFORE ME THIS _____ DAY OF _______________ 2022. __________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: ________ ATTACHMENT A 970.748.4004 eric@avon.org TO: Avon Town Council members FROM: Eric Heil, Town Manager RE: Eagle Valley Transportation Authority Board Appointments DATE: December 8, 2022 SUMMARY: The Eagle Valley Transportation Authority was approved by Avon voters and others member jurisdictions on November 8, 2022. The first organizational step is for each member jurisdiction to appoint two elected officials to serve on the EVTA Board of Directors, including a primary appointee and alternate appointee. The statutory rules for regional transportation authorities limit appointees to the Board of Directors to elected officials. FIRST EVTA MEETING: The first meeting of the EVTA Board of Directors is scheduled for Friday, December 16, 2022 at 9am at the Avon Town Hall Council Chambers. An agenda and materials for the first Board meeting will sent separately, probably by Monday, December 12, 2022. The agenda will include some initial organizational actions. It is important that this first meeting occur and that initial organizational actions are taken so that we can confirm the implementation of the ½ cent sales tax on January 1, 2023. Some initial actions include Certification of Organization to Department of Local Affairs, registration with Department of Revenue, and approval to obtain an Employer Identification Number. Other matters include discussion of next organization steps, transition from ECO Transit to EVTA, message to public on process and timeframes for EVTA transit enhancements, and consideration of Bylaws. TIME COMMITMENT: It is likely that the EVTA Board of Directors will meet once a month for 90 minutes and maybe up to 2 or 3 hours. It is also likely that the meetings will be held during business hours. The RTA Formation Committee regularly met on Thursday and Friday mornings, so those times seem likely for EVTA Board meetings. ECO TRANSIT: The ECO Transit Board will continue until the transition from ECO Transit to the EVTA is complete. Mayor Pro Tem Amy Phillips currently represents the Town of Avon on the ECO Transit Board. PROPOSED MOTION: “I move to approve Council member ________________ as the primary appointee to the Eagle Valley Transportation Authority Board of Directors and approve Council member _________________ as the alternate appointee to the Eagle Valley Transportation Authority Board of Directors.” Thank you, Eric ATTACHMENT A: Resolution 22-33 Appointing Members to the Eagle Valley Transportation Authority Board Resolution 22-33 December 13, 2022 Page 1 of 2 RESOLUTION 22-33 A RESOLUTION APPOINTING MEMBERS TO THE EAGLE VALLEY TRANSPORTATION AUTHORITY BOARD WHEREAS, pursuant to Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended, the Eagle Valley Transportation Authority ("Authority) was formed on November 9, 2022 by an Intergovernmental Agreement including Eagle County; and WHEREAS, pursuant to Article 3 of the Intergovernmental Agreement, each Member of the Authority shall appoint a Director and an alternate Director to the Board of Directors; and WHEREAS, has been appointed the voting Director of the Authority; and WHEREAS, has been appointed the alternate voting Director of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby declares: Section 1. _____________ is hereby appointed to the Eagle Valley Transportation Authority as the voting member. Section 2. ________________ is hereby appointed as the alternate member to the Eagle Valley Transportation Authority. Section 3. Said terms shall begin with the first meeting of the Board of Directors and shall continue until either the date on which a successor is duly appointed or the date on which he or she ceases to be a member of the Town of Minturn governing body. Section 4. The foregoing appointments, and designations do not constitute contractual obligations of the Town of Avon and Council, and the Town and the Council are not legally bound for the respective terms of appointments as specified herein below, the Town, by and through the Council, having the authority, in its sole discretion, to change, add, or abolish such appointments and designations and to fill vacancies as it sees fit. ATTACHMENT A Resolution 22-33 December 13, 2022 Page 2 of 2 Section 5. The Town Council hereby finds, determines, and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the Town of Avon, Colorado ADOPTED DECEMBER 13, 2022 BY THE AVON TOWN COUNCIL By: Attest: ___________________________ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk 970.748.4001 mjauregui@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Miguel Jauregui Casanueva, Town Clerk, RE: Resolution 22-25 Appointment of Municipal Judge DATE: November 22, 2022 SUMMARY: Resolution No. 22-25 is presented to satisfy municipal statutory requirements for the appointment of a municipal judge to the Avon Municipal Courts. BACKGROUND: Title 2 - Administration and Personnel, Chapter 2.08 Municipal Court, Section 2.08.060 of the Town Code sets forth that Town Council will appoint the Municipal Judge for a term no less than 2 years. Cyrus G. “Buck” Allen III has been the Town’s Municipal Judge for over 40 years and has distinguished himself in service to the Town of Avon, its Municipal Courts, residents, and guests. RECOMMENDATION: Staff recommends Council approval of Resolution 22-25 designating Cyrus G. “Buck” Allen III as Town of Avon’s Municipal Judge for 2 years. PROPOSED MOTION: “I move to approve Resolution 22-25, appointing Cyrus G. “Buck” Allen III as the Town of Avon’s Municipal Judge for 2 years.” Submitted to the Avon Town Council on December 13, 2022. ________________________________ Miguel Jauregui Casanueva, Town Clerk RESOLUTION 22-25 A RESOLUTION REAPPOINTING C.G. ALLEN, III MUNICIPAL JUDGE WHEREAS, C.G. ("Buck") Allen, III was heretofore appointed Municipal Judge of the Town of Avon; and WHEREAS, the aforesaid C.G. Allen, III has served as judge to the satisfaction of the Town Council, and it is the desire of the Council that he be reappointed. NOW, THEREFORE BE IT RESOLVED that C.G. ("Buck") Allen, III is hereby reappointed to serve as Municipal Judge of the Town of Avon for a term expiring on the date of the organizational meeting of the Town Council after the general election to be held in 2024. ADOPTED DECEMBER 13th, 2022, BY THE AVON TOWN COUNCIL By: Attest: ___________________________________ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: Notice of Award – Recreation Center and Heat Recovery Controls Upgrades and Heat Recovery Chiller Replacement Projects DATE: December 8, 2022 SUMMARY: Authorize Staff to issue Notice of Award for construction of the Recreation Center Controls Upgrades and Heat Recovery Chiller Replacement Projects as approved in the Town of Avon 2023 Capital Projects and Equipment Replacement Funds. Figure 1. Recreation Center Pools Heated with the Heat Recovery System DISCUSSION: Since Recreation Center construction in 1996, energy efficiency has risen to be among the top priorities for building owners and operators as a function of both rising energy costs and growing concern over environmental impact. It naturally follows those buildings should be maintained in a manner to align with these evolving demands and opportunities be considered at critical junctures such as this project to leverage opportunity where appropriate. The existing heating, ventilation, and air conditioning (HVAC) system framework for the Recreation Center has fundamentally sound elements but two (2) notable deficiencies. The primary misalignment between today’s priorities and the existing systems serving the Recreation Center lie in (1) control systems having reached end of useful service life and no longer communicating with the building systems, and (2) the way in which heat is generated for the facility. Staff needs the ability to remotely monitor and manage building system operations, which we do not currently have. Additionally, the current HVAC system relies on gas-fired appliances for heating while industry trends resolve to transition building energy systems away from reliance on fossil fuels at the local level. Commonly referred to as “Electrification” or “Decarbonization”, these initiatives acknowledge and leverage the reality of Page 2 of 5 an increasingly renewable electric grid over time. The Town’s investment in the wastewater Heat Recovery (HR) System over a decade ago could be deemed prescient considering these current industry trends, and investment in the Rec Center HVAC controls systems present a timely opportunity to begin the transition of the building away from fossil fuel reliance. This strategy does require updating the HVAC equipment assets, in conjunction with controls systems, to achieve that end. A multi-year approach to replace gas-fired equipment currently near the end of useful life can be developed and budgeted for accordingly. Figure 2. Map of Heat Recovery System Recreation Center and Heat Recovery Controls Upgrades: The existing 14-year-old Building Automation System (BAS) is only accessible locally, through a dated workstation that is no longer supported and resides in the pool manager’s office within the Recreation Center. The BAS is a computer networking system that monitors and controls the various electric and mechanical systems throughout a building. It is essential to keep the BAS up to date in good working order to ensure the building’s mechanical systems are operating properly and efficiently. The existing BAS serves a network of old and failing sensors and equipment and lacks the ability to communicate with the Town’s Heat Recovery System that was intended to reduce the energy footprint of the Rec Center, among other Town facilities. Notable deficiencies include limited to no remote access for building maintenance personnel, inability to operate equipment on a schedule, inability to control fan speed and maintain pressure setpoints in the natatorium, and the lack of integration with the town’s Heat Recovery System. The Heat Recovery (HR) System control was originally established utilizing an industrial control platform more appropriately applied to settings such as water and wastewater treatment facilities. Due to complexity of the industrial control platform, specialty vendor involvement is required for maintenance and upkeep. Though the system is ultimately an HVAC system with complexity not exceeding that of conventional HVAC equipment, the HR System industrial control system cannot be maintained by conventional HVAC control Page 3 of 5 vendors or facilities maintenance team. The base scope of this project is to upgrade and replace the existing Recreation Center BAS. The BAS is beyond useful service life and no longer meets operational requirements. A Heat Recovery Controls Bid Alternate was included to eliminate the existing industrial control system and integrate with the Recreation Center BAS system and controls. Additional benefits include streamlining operations and improvements to comfort levels and energy efficiency. Goals of this Recreation Center Controls Upgrades Project: • Gain Control and Remote Monitoring Capabilities for Rec Center HVAC and Heat Recovery Equipment via Cloud-Based System • Improve Occupant Comfort Throughout Rec Center, Especially in Natatorium • Integrate Rec Center Controls with Heat Recovery System • Improve Monitoring and Troubleshooting of HVAC Systems for Facilities Team • Reduce Energy Footprint of Rec Center and Establish Path to Electrification Heat Recovery Chiller Replacement: In 2008, the Town of Avon implemented an energy project by establishing a heat recovery chiller at the Avon Wastewater Treatment Plant. The chiller recovers waste heat from the treatment plant effluent immediately before discharge to the Eagle River. Energy recovered from that effluent is elevated to usable temperatures by the heat recovery chiller before being distributed via a direct-buried piping network to the Heat Distribution Building (HDB) adjacent to the Rec Center. The HDB contains piping and heat exchangers for each of the four (4) water bodies, along with a piping connection to Avon Town Hall. As originally conceived, the Heat Recovery Project established heat systems for the Rec Center pools and provisions for extensive future snowmelt systems, but town priorities have since shifted away from implementation of snowmelt leaving capacity for future conversion of Recreation Center gas-fired HVAC equipment. The Heat Recovery Chiller is integral to the adopted Climate Action Plan and reducing Avon’s Carbon Footprint. The existing Heat Recovery Chiller currently requires an approximate $107,449 repair on the Evaporator (Wastewater Effluent) side of the unit and Staff evaluated a Turnkey In-Kind Replacement. Staff recommends replacement for $203,525 rather than repair due to the complexity of the repair, Trane U.S. Inc. will not warranty repair, replacement leads to reduced maintenance costs and improved reliability, and a new 5-Year Warranty. Typical lifespan for a chiller is 10 to 20 years. Page 4 of 5 Figure 3. 250-Ton Heat Recovery Chiller Staff approached Trane U.S. Inc. after discussing the benefits of sole sourcing these projects. Benefits include: • Trane Equipment and Control Systems currently in place at Recreation Center, Town Hall and Public Safety Facility • Maintain Continuity with Future Goal of Developing Campus-Wide Monitoring and Control of all Town Facilities • Improve Monitoring and Troubleshooting of HVAC Systems for Facilities Team • Eliminates Markup (up to 20%) by GC • In-Kind Replacement of Trane Heat Recovery Chiller Eliminates Additional Mechanical and Electrical Construction Cost Proposals from Trane U.S. Inc. were received on November 10, 2022, and are summarized below: • Recreation Center Controls Upgrades Base Bid $168,467 • Heat Recovery Controls Bid Alternate $88,955 • Heat Recovery Chiller Replacement $203,525 $460,947 Trane U.S. Inc. extended their cooperative pricing program, established through Omnia Partners when sole sourcing similar projects for government entities, for this project. ST+B Engineering Inc., the Town’s design consultant, has reviewed the Trane U.S. Inc. proposal and concurs. Page 5 of 5 Construction Schedule: The Recreation Center Controls Upgrades work is scheduled to begin May 1, 2023 and be completed by June 30. 2023. Liquidated damages will be assessed at $1,500 / day if project completion extends beyond June 30, 2023 and increased to $3,000 / day after (30) days. Current lead time for the Heat Recovery Chiller is approximately (28) weeks. Completion date for Heat Recovery Chiller Replacement will be revised accordingly upon executing contract and placing equipment order. An approximate two to four-week construction period is anticipated to install the chiller. FINANCIAL CONSIDERATIONS: The construction contract for the Project will be funded from the Recreation Center Controls Upgrades Project and Heat Recovery Controls Replacement Project budgets as approved in the Town of Avon 2023 Capital Projects Fund. Heat Recovery Chiller Replacement is funded thru the Equipment Replacement Fund. Reallocation between the funding sources will be required. The Project cost estimate is shown in Table 1 below and includes 10% contingency. Table 1: Recreation Center Controls Upgrades and Heat Recovery Chiller Replacement Project Cost Estimate Available Funds Budget • Recreation Center Controls Upgrades $250,000 • Heat Recovery Controls Replacement $251,000 • Heat Recovery Chiller Replacement $175,000 $676,000 Proposed Project Budget Engineering Services • Existing HVAC & Controls Assessment $7,500 • Design & Administration $62,000 Construction Cost • Recreation Center Controls Upgrades $168,467 • Heat Recovery Controls Replacement $88,955 • Heat Recovery Chiller Replacement $203,525 Contingency (10 %) $46,095 Total $576,542 RECOMMENDATION: Staff requests Council authorization to award the Recreation Center Controls Upgrades and Heat Recovery Chiller Replacement Project Contract to Trane U.S. Inc.in the amount of $460,947. PROPOSED MOTION: Motion to authorize issuance of Notice of Award for the Recreation Center Controls Upgrades and Heat Recovery Chiller Replacement Project Contract to Trane U.S. Inc.in the amount of $460,947 as approved in the Town of Avon 2023 Capital Projects and Equipment Replacement Funds. Thank you, Justin 720-278-0442 clin@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Resolution 22-32: Supporting the Recycling Resources Economic Opportunity (RREO) grant application DATE: December 5, 2022 SUMMARY: Resolution 22-32 (Attachment A) is presented as one of the documents necessary for completing the grant application for submittal to the Recycling Resources Economic Opportunity (“RREO”) program by the Colorado Department of Public Health and Environment (“CDPHE”). If awarded, the grant would help fund the upgrade of Avon’s free recycling center with a cardboard compactor and a Styrofoam compactor. The Town Council is asked to consider adopting Resolution 22-32 which authorizes and supports the application process for the RREO program. BACKGROUND: The Recycling Resources Economic Opportunity Program is managed by the Colorado Department of Public Health & Environment. The purpose of the RREO program is to provide funding that promotes economic development through the management of materials that would otherwise be landfilled. The RREO aims to fund projects, sustainable beyond the grant period, that will enhance the financial viability of recycling, composting, reuse, repurposing, and waste reduction in Colorado and will create new jobs in the state. Preventing waste before it is created is the most effective reduction method, followed by reuse and recycling; therefore, in addition to waste diversion projects, the RREO welcomes applications with a focus on reduction, or stopping the creation of waste in the first place. Other eligible projects may focus on reuse, recycling, composting, repurposing, or anaerobic digestion for a wide variety of materials. The total program funding pool is $2,000,000. The minimum request is $50,000. A local match is not required. Past awards range between $50,000 and $200,000. The deadline for application is January 5, 2023. ANALYSIS: The Town of Avon is applying for the RREO grant for two projects that would both significantly improve Avon’s free community recycling center – (1) working with Eagle County to upgrade the Avon recycling center and (2) install a Styrofoam compactor produced by Foam Cycle. With Avon’s new Recycling Ordinance (“ORD22-13”) in place, the upgrade of the free recycling center will be crucial as Avon residents are encouraged to use it if they choose not to subscribe to recycling services through their trash haulers. Keeping the Recycling Center in its best shape possible is therefore necessary to the success of the new recycling program. In the past, the Recycling upgrade has included, but not limited to: site preparation (earthwork, concrete, paving), signage, security cameras, catwalks (to get up to disposal windows), fencing, 40-yard dumpsters, landscaping, light, and most importantly, a cardboard compactor. Cardboard is a heavy-duty paper product that is corrugated, trapping air pockets inside to keep it both light and strong. This lightweight construction causes cardboard waste to be bulky and inefficient to transport, yet almost all businesses and residents have cardboard to handle, store, and transport to recycling centers. By making use of an industrial-quality cardboard compactor, it is possible to reduce the volume of our cardboard waste by up to 90%. A full loose cardboard container equates to about 500 pounds of cardboard when full, whereas a cardboard compactor carries about 8,000 pounds of cardboard when it is full. when full, this reduction in volume translates directly into cost savings in storage, handling, transport, as well the overall waste diversion. At the moment, all free recycling sites in Eagle County have a cardboard compactor except in the Town of Avon. Page 2 of 3 Styrofoam products are currently not accepted at either the Eagle County Materials Recovery Facility (MRF) nor by other trash haulers, who send their recyclables down to the Denver MRF. Loose Styrofoam products are considered trash and are not economically feasible to recycle; however, densified Styrofoam produced by Styrofoam compactors, or “ingots”, are not only profitable but also desired by end-market vendors. Staff has been working with Foam Cycle, LLC, out of New Jersey who has a patented foam densifying compactor. The SustainAbility Recycling Center in Arvada was successful in obtaining a Foam Cycle compactor through the RREO grant in 2021 (Attachment B); they have reported high satisfaction with the equipment in their most recent RREO update. There are many benefits to a foam recycling program: •Become a leading community example of excellent recycling efforts with a positive regional impact by accepting foam from other surrounding communities. •Increased weight in trash trailers due to huge reduction in “space-wasting” foam, thereby reducing transportation costs. •Reduction of foam volume to needed landfill space by other communities who transport to active landfills. •Revenue to Town of Avon for all foam processed as ingots. •Promote foam recycling & reuse through end-use products such as insulation boards, RV panels, molding or picture frames. •Ease compliance with the State House Bill 20-1162 Prohibit Food Establishments’ Use of Polystyrene, effective January 1st, 2024, by providing direct infrastructure to handle Styrofoam products. FINANCIAL CONSIDERATIONS: For the recycling center upgrade, an estimate can be drawn from past upgrades in Town of Eagle (Attachment C) and Gypsum (Attachment D). Town of Eagle contributed $67,783 and Town of Gypsum contributed $75,000. The most recent upgrade was the Edwards recycling center, which costed $225,000 in total. Town of Avon staff (Sustainability Coordinator, Public Works and Engineering) will work on our own list based on our needs and situation, then the County will provide the pricing to complete the list. The County estimates that the Avon upgrade will cost similarly to the Edwards upgrade. The Town and The County will split the cost equally, which equates to a contribution of approximately $100,000 from each side. The quote for the Styrofoam compactor is $87,000 (Attachment E). To cover these projects, the Town of Avon is seeking $187,000 from the RREO grant (the maximum request is $200,000). RECOMMENDATION: I recommend that Council passes Resolution 22-32 to support the RREO grant application. PROPOSED MOTION: “I move to approve Resolution 22-32, authorizing and supporting the application for the Recycling Resources Economic Opportunity grant from the Colorado Department of Public Health and Environment, in order to upgrade the Avon Recycling Center and purchase a Styrofoam Compactor.” Thank you, Charlotte Page 3 of 3 ATTACHMENT A: Resolution 22-32 ATTACHMENT B: Foam Cycle Impact Report 2021 ATTACHMENT C: Recycling Center Upgrade Breakdown – Town of Eagle Example ATTACHMENT D: Recycling Center Upgrade Breakdown – Town of Gypsum Example ATTACHMENT E: Foam Cycle Quote for Town of Avon Page 1 of 1 RESOLUTION 22-23 SUPPORTING THE RECYCLING RESOURCES ECONOMIC OPPORTUNITY (RREO) GRANT APPLICATION WHEREAS, the Town of Avon (“Town”) is a political subdivision of the State of Colorado, and therefore an eligible applicant for the Recycling Resources Economic Opportunity (“RREO”) grant awarded by the Colorado Department of Public Health and Environment (“CDPHE”); and WHEREAS, the Town is highly committed to waste reduction and diversion from the Eagle County Landfill; and WHEREAS, the Avon Recycling Center, operated by Eagle County, is estimated to save approximately 95 tons of commingle materials, 125 tons of cardboard, and 45 tons of paper per year. The Avon Recycling Center is the last free recycling site to be upgraded with a cardboard compactor, which has 16 times more capacity than a loose cardboard container; and WHEREAS, the Town supports expanding the infrastructure of Styrofoam processing to facilitate the implementation of Ord.21-05 and to divert foam products from the Eagle County Landfill; and WHEREAS, the Town will submit a Grant Application for the RREO grant to upgrade the Avon Recycling Center with a cardboard compactor and a Styrofoam compactor, requesting a total of $187,000; and WHEREAS, the Recycling Center upgrade will compliment the implementation of Ord.22-13, the Recycling Ordinance as it becomes effective in November 2023. WHEREAS, the Town supports the completion of the project if a grant for the design component is awarded by the CDPHE. NOW, THEREFORE, IT IS RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. The above recitals are hereby incorporated as findings by the Town. Section 2. The Town Council of the Town of Avon will authorize the expenditure of funds necessary to meet the terms and obligations of any grant awarded pursuant to a Grant Agreement with the CDPHE. Section 3. If a grant is awarded, the Town of Avon hereby authorizes the Mayor or Mayor Pro Tem to sign a Grant Agreement with the CDPHE. ADOPTED DECEMBER 13th, 2022, BY THE AVON TOWN COUNCIL By: Attest: _____________________________ _____ Sarah Smith Hymes, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A www.foamcycle.com 2021 IMPACT REPORT 6 FOAM CYCLE ANNUAL REPORT IMPACT OF CURRENT LOCATIONS ATTACHMENT B Introducing Foam Cycle, the first patented foam recycling system designed to be placed at municipal recycling drop-off centers. The following is an overview of current Foam Cycle locations across the country, and how each has diverted foam (both packaging and food service) from the solid waste stream while contributing to the local circular economy. Survey results are from a Penn State University Capstone Research Project, conducted by Steven Hericz. The 2021 research data illustrates the cumulative effort of providing access to community-based polystyrene foam recycling programs. This report will measure the positive impact of Foam Cycle’s unique “plug and play” system to collect, recycle and repurpose foam waste. Infographic conversion metrics are supported by the Foam Recycling Coalition https://www.recyclefoam.org/grants 2021 Report 1 6 Thanks to Foam Cycle, over 4,042,423* people have access to foam recycling where none existed before. 2 MEET THE TEAM The Foam Cycle System is now successfully operating in several states across the country. In five short years, Team Foam Cycle has grown to include non-profit agencies, counties, municipalities, and public- private partnerships that have committed to recycling foam packaging and food service foam. 2021 Report Who We Serve:4,042,423 ... and growing! *2020 US Census 1.Sussex County Municipal Utilities Authority 2.Middlesex County 3.Middletown Township 4.Woodbridge Township 5.Ridgewood Village 6.Passaic County NEW JERSEY 1.Collier County 2.Saint Lucie County FLORIDA 1.Pulaski County 2.Boone County KENTUCKY 1.Binghampton Development Corp (BDC Memphis) TENNESSEE 1.Clark County OHIO 1.Outagamie County WISCONSIN 1.Northeast Kingdom Waste Management District VERMONT 1.Tiny Houses/Greensboro NORTH CAROLINA 1.Westmoreland Clean Ways PENNSYLVANIA 1.SustainAbility COLORADO 1.Town of Gilford NEW HAMPSHIRE 3 2017 2018 2019 2020 2021 200,000 150,000 100,000 50,000 0 Accruing reported weight (Lbs) of foam collected from Foam Cycle recycling programs throughout the country. THE TEAM EFFORT 4 2021 Report TOTAL WEIGHT OF FOAM RECYCLED PER YEAR (LBS) 8, 5 2 0 22 , 4 2 0 46 , 8 1 4 18 8 , 4 0 6 94 , 2 5 7 HOW WE ADD $ VALUE to Foam Recycling 5 2021 Report Aggregate value from Foam Cycle locations marketing PS foam. VALUE OF FOAM RECYCLED PER YEAR ($USD) 2017 2018 2019 2020 2021 40,000 30,000 20,000 10,000 0 $1 , 6 4 4 $4 , 2 2 5 $9 , 5 5 5 $3 0 , 8 0 7 $1 8 , 7 6 6 Once loose foam packaging and food service foam are collected and densified through the Foam Cycle system, a residual polystyrene plastic is produced. The byproduct of the foam has an extremely high resale value and is in great demand by a variety of manufacturers. One product that is made from recycled polystyrene waste is picture frame moulding. This moulding can be ground down and made into new moulding, reinforcing circular-economy principles in this product's development. 2021 Report 6 PRODUCTS MADE FROM RECYCLED FOAM 2017 2018 2019 2020 2021 40 30 20 10 0 REDUCED TRUCKING More than 38 Tractor Trailer loads of PS foam has been diverted from the landfill for all Foam Cycle recycling programs. 38 53 ft trailer = 3,816 cubic feet Non-densified foam = 1.30/ cubic ft. 2 5 10 19 38 *Conversion metric source: FRC Landfill Space Saved Per Year https://www.recyclefoam.org/grants 2021 Report 7 TRUCKLOADS DIVERTED PER YEAR THE IMPACT WE MADE LANDFILL AIR SPACE SAVINGS *Conversion metric source: FRC Landfill Space Saved Per Year https://www.recyclefoam.org/grants 145,000 Cubic Feet Almost 145,000 Cubic Feet of PS foam has been diverted from the landfill for all Foam Cycle recycling programs. Non-densified foam = 1.30/ cubic ft. = (4,960.80 lbs/3,816 cf) 2017 2018 2019 2020 2021 150,000 100,000 50,000 0 6,554 17,246 36,011 72,506 144,928 2021 Report 8 CUBIC FEET OF FOAM DIVERTED PER YEAR THE IMPACT WE MADE 45% 12% 37% 6% FPI Grant OtherState 9 OUR FUNDING SOURCES Funding options include FRC, state & local grants 2021 Report Prepared by DOROTHY THOMPSON, DIRECTOR SOCIAL MEDIA 6 INDUSTRY AWARDS 10 EPS Industry Excellence in Recycling SWANA Excellence in Special Waste New Jersey DEP Outstanding Achievement in Recycling OUR PERFORMANCE Numerous barriers to collecting and processing polystyrene (PS) and expanded polystyrene (EPS) have resulted in consistent, high market demand for this recyclable material. Foam Cycle has directly taken on the challenge to capture PS and EPS from the solid waste stream, to be processed and recycled at a local level, no matter where that location may be. The data, infographics and photos in this report provide first-hand results on the environmental and financial dividends of incorporating a Foam Cycle System into a sustainably focused community. Foam Cycle’s positive and long-lasting impact on foam waste reduction in our landfills and waterways, can only be realized when the system is available to every municipal recycling site in the country. 11 Foam Packaging and Food Service Foam are one of the most plentiful, yet least recycled forms of plastics in existence today. 2021 Report "Necessity is the mother of invention" and at Foam Cycle we found the solution you have been waiting for. www.foamcycle.com©2022 Foam Cycle LLC Town of Eagle New Drop-Off Location Estimated Budget Item Quantity Unit Unit Price Cost In-Kind Money 1 Cardboard Compactor w/ Accessories 1 ea $34,702.00 $34,702.00 2 40-yard containers (not provided by haulers)3 ea $8,944.00 $26,832.003 30-yard container (future) 2 ea $0.00 $0.00 4 Catwalk 1 ea $6,258.00 $6,258.00 5 Electric (Holy Cross) 1 ea $100.00 $100.00 6 Electric (electrician) 1 ea $8,955.00 $8,955.00 7 Electric (trenching) 1 ea $3,000.00 $3,000.00 8 Fencing and accessories 1 ea $9,789.00 $9,789.00 9 Concrete (6-inches thick) #4 rebar @ 16 O.C. 1 ea $8,502.00 $8,502.00 10 Remove Existing Material (10-in depth) and Roadbase Prep (4-in)1385 sf $3.00 $4,155.00 11 Signage 1 ea $3,000.00 $3,000.0012 Signage (installation) 1 ea $1,500.00 $1,500.00 13 Landscape/Irrigation (installed) 1 ea $4,800.00 $4,800.00 14 Light 1 ea $2,850.00 $2,850.0015 Light (installation) 1 ea $2,200.00 $2,200.00 16 Security Camera 1 ea $500.00 $500.00 17 Security Camera (installation) 1 ea $500.00 $500.0018 Roadbase for new parking lot 174 tons $13.50 $2,349.00 19 Town of Eagle Public Works - New Parking Lot Construction (remove material, relocate boulders, etc.)1 ea $9,120.00 $9,120.00 $108,637.00 $20,475.00 $5,431.85 $1,023.75 $114,068.85 $21,498.75 EXHIBIT #1 $21,498.75 $46,285.05 $135,567.60 $67,783.80 $67,783.80Town of Eagle Half: Town of Eagle In-Kind: Town of Eagle CASH: Sub Total: Sub Total: Eagle County Half: Total: Contingency 5%: ATTACHMENT C February 12, 2014 QNTY Unit Unit Price Total 1 Site Preparation Mobilization (earthwork, concrete, paving)1 LS 3,000.00$ 3,000.00$ 2 Traffic Control signage and occasional flagging 1 LS 750.00$750.00$ 3 Saw cut pavement 61.5' & 50'111.5 LF 2.75$306.63$ 4 Remove & dispose of existing pavement 3075 SF 2.25$6,918.75$ 5 Stock pile 6" of Class 6, Excavate 3", dispose of 3" subgrade 3075 SF 0.75 2,306.25$ 6 Trench, place, and compact conduits for: compactor, streetlight, video 40 LF 17.50$700.00$ 7 Scarify 12", wet and compact subgrade to 95%3075 SF 0.30$922.50$ 8 Replace/comp 6" of Class 6 from stockpile, to include purchasing new, if needed 56 CY 24.00$1,344.00$ 9 Buy & fab 12"x20'X26WF beams for skids Ult. Specialties=$5,041 for Eagle 8 LS 4,500.00$ 10 Dig hole 5' deep and concrete 24" Dia. base for streetlight @ 24" above FF 1 LS 1,250.00$1,250.00$ 11 Supply & Place all 2 3/8" x 11' DQ fence posts 36" below final grade 23 EA 125.00$2,875.00$ 12 Form C & G, 1/2" exp matl @ ea post, place concr. 6"x18" G, 9"x12"h curb 100 LF 29.00$2,900.00$ 13 Survey, Place, level, secure beams for concrete placement 8 EA 100.00$800.00$ 14 Form, #4 (Gr-60) 12" O.C., place, cure, and properly joint 6" thick concrete 68 CY 435.00$29,580.00$ 15 Purchase Sec camera- $1500, stlight- $2850,1 LS 4,350.00$ 16 Electrician: 3Ph compactor + st.light + camera (Eagle's was $8955)1 LS 9,000.00$ 20 Cardboard compactor w/ Assessories (Eagle's = $34,702)1 LS 35,000.00$ 21 40-CY containers (not provided by haulers). Eagle's = $8,944 3 EA 9,000.00$27,000.00$ 22 Catwalks (Eagles was $6,258)2 EA 6,300.00$12,600.00$ 23 Fencing (posts shown above) Install 60' of 72" tall 9 gage chainlink w/ DQ top rail 60 LF 22.00$1,320.00$ 24 Install 1"x 6" x 8' tall cedar fencing; dbl sided 1.5" gaps 50 LF 38.00$1,900.00$ 25 Install 1" x 6' x 6' tall cedar fencing; single sided 1.5" gaps 50 LF 26.00$1,300.00$ 30 New west entrance: Remove rocks & excavate for pavement 1 LS 1,200.00$1,200.00$ 31 Form and place 30" vee pan on east side, #4 Rebar 12" O.C. BW 33 LF 32.00$1,056.00$ 32 Form and place 30" vee pan on west side, #4 Rebar 12" O.C. BW 43 LF 32.00$1,376.00$ 33 Form and place 18" G & 6" curb N & S 36 LF 22.00$792.00$ 34 4" Pave between vee pans= 390 SF 9.7 TN 140.00$1,358.00$ 35 Tackifier for 2" overlay 390 + 13,110 = 13,500 SF 13500 SF 0.05$675.00$ 36 Pave 2" overlay of 58-28 in existing truck area to Bella's Market entrance 162 TN 110.00$17,820.00$ 37 Restripe parking lot (24 x 20') + 40'520 LF 0.75$390.00$ 38 Landscape/irrigation (NA?) 50 General Contract items Subtotal 175,290.13$ 51 Soils testing, inspections 1,200.00$ 52 Survey, legal, IGA 5,000.00$ 53 5% Contingency= 9,074.51$ 54 190,564.63$ 55 50% Town =95,282.32$ 56 50% County=95,282.32$ On site improvements to create an operable Recycle Center Total estimate for Turn Key Recycle Center w/ new entrance = Gypsum Recycle Center Cost Estimate ATTACHMENT D FOAM CYCLE LLC “Your EPS Foam Reduction and Recycling Specialist” DATE: 12-02-22 TOWN OF AVON CHARLOTTE LIN – SUSTAINABILITY COORDINATOR 100 MIKAELA WAY P.O BOX 975 AVON. COLORADO 81620 FOAM CYCLE SYSTEM QUOTE THIS QUOTE IS FOR THE DELIVERY AND INSTALLATION OF ONE (1) PATENTED FOAM CYCLE RECYCLING SYSTEM EQUIPPED WITH ONE (1) MOBILE METAL WEATHER-RESISTANT CONTAINER, ONE (1) METAL FOAM COLLECTION RECYCLING BIN, AND ONE (1) 200 LB. PER HOUR FOAM DENSIFYING MACHINE. 1.ONE COMPLETE FOAM CYCLE RECYCLING SYSTEM: $80,500.00 2.DELIVERY, INSTALLATION AND ONSITE TRAINING: $6,500.00 TOTAL: $87,000.00 NOTE: ONCE THE EQUIPMENT IS DELIVERED AND ELECTRICAL POWER IS SECURED TO THE CONTAINER BY THE CUSTOMER, A FOAM CYCLE TECHNICIAN WILL BE SENT TO THE SITE TO HANG THE SIGNAGE, START UP THE DENSIFIER AND PROVIDE EQUIPMENT TRAINING. THIS SERVICE IS INCLUDED IN THE ABOVE REFERENCED QUOTE. Contact: Foam Cycle LLC Email: Lou@FoamCycle.com Mail: 3008 Grey Cliff Way, Milford PA 18337 Web: www.FoamCycle.com ATTACHMENT E (970) 748-4045 JHildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: Construction and Road Closure Update DATE: December 08, 2022 SUMMARY: This written report provides updates to Council on active construction projects that will have road closures or other potential impacts to the public. This written report will be included in future Council Packets. DISCUSSION: The following table lists the active construction/work projects around Town to inform residents and Council. The types of activity are listed under areas of Engineering/Capital Projects, Right of Way Permits and Development Projects. Council List of Active Construction/Work Projects and Road Closure Updates – December 08, 2022 Project Description Dates Engineering / Capital Projects Bus Shelters Installation Six new bus shelters (like the one at Comfort Inn) were installed at Canyon Run, Eagle Bend, Buffalo Ridge, Westgate Plaza, ANB Bank and Loaded Joe’s. The project is substantially complete and bus stops are open. The contractor will have to return in the spring to complete landscaping, irrigation repairs and paint. Substantially Complete Harry A Nottingham Park – Sediment Pond Cleanout Cleanout of the pond (west of children’s playground) that collects sediment and trash before entering the lake resumed sediment froze to facilitate removal and haul-off. The sediment removal is scheduled to be completed by 12/9/2022. Completion: 12/09/2022 Harry A Nottingham Park – Lake Slope Rock Protection The lake shoreline damaged from wave action along the northeast side of the lake was repaired in October. In order to stabilize the shore, rocks were placed up to 5-feet below the high-water level. The lake level will remain lowered through the winter because of low stream flows in the Eagle River and Buck Creek. The low-lake level will not impact ice skating. Complete Emergency Notification Sirens Sirens were installed at Saddle Ridge Park, O’Neil Spur Park, Wildwood Annex, Mountain Star Water Tank, and Wildridge Water Tank. The contractor is working on final punch list items. The system will be operational by the end of December. Completion: 12/31/2022 Page 2 of 2 Project Description Dates Metcalf Road Culvert Repair An 84” diameter corrugated metal pipe partially collapsed, and the Town will hire a contractor to repair the pipe in spring 2023. The pipe will be stabilized with bracing for the winter. No road closures are scheduled. Completion: Spring 2023 Post Blvd / US6 Wall Repair Two vehicles drove off the roundabout and damaged the concrete wall and railing on the northwest corner of the roundabout. The concrete is repaired, and railing replaced. Temperature sensitive items are outstanding including painting and grouting. No road closures are scheduled. Substantially Complete Right-Of-Way Permits Stonebridge Drive Site Wise (Xcel’s contractor) is extending the natural gas line from Stonebridge Drive to East Beaver Creek Blvd in the Village (at Avon). Site Wise unsuccessfully attempted to bore under the UPRR tracks for a gas line. Contractor will return in Spring 2023. No scheduled lane closures. Completion: Spring 2023 Old Trail Road Sage Telecommunications, a contractor for Comcast, is replacing the fiber along Old Trail. Sage Telecommunications demobilized and will return in April to complete the project. No scheduled lane closures. Completion: Spring 2023 Development 95 Post Blvd (McGrady Acres) Eagle River Homes is developing a 48-unit housing project at Post Blvd, 500-FT north of Hwy 6. The contractor started site work this fall and the project will take several years to complete. The project required new utility extensions in Eaglebend Park. The utility extensions are complete, and the park partially restored for the season and will be fully restored in Spring. No lane closures scheduled for 2022. TBD 1782 Swift Gulch Road A new Springhill Suites and Townplace Suites dual hotel is under construction. No roadway work is scheduled till spring 2023. 2023 COUNCIL ACTION: No Council action is required at this time. Thank you, Justin (970) 748-4001 mjauregui@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Miguel Jauregui Casanueva, Town Clerk RE: Gift Reporting and Disclosure 2022 Birds of Prey World Cup VIP Tickets and Gift Bags DATE: November 17, 2022 SUMMARY: The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Miguel Jauregui Casanueva, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: 2022 Birds of Prey World Cup VIP Tickets and Gift Bags – The twelve (12) gift bags provided by the Vail Valley Foundation for the 2022 Birds of Prey World Cup event included a variety of items, including two (2) VIP tickets to the three-day Birds of Prey World Cup event. Each member of Council receives a gift bag and two (2) VIP tickets. The total value of each VIP ticket is $450. The total value of each gift bag, not including the VIP tickets, equals approximately $350.00. Each current Councilor plus the two in-coming Councilors, Town Manager Eric Heil, Deputy Town Manger Patty McKenny, Town Attorney Karl Hanlon, and CASE Manager Danita Dempsey will receive the gift bags and tickets. Town Council is not required to take any action; however, any Town Council member may request Council deliberation of a report gift to determine whether such gift constitutes a conflict of interest. Council members who are the recipient of a gift shall not vote on whether such gift constitutes a conflict of interest unless such gift is offered to Council as a whole. Submitted to the Avon Town Council on December 13, 2022. ________________________________ Miguel Jauregui Casanueva, Town Clerk FINANCE COMMITTEE MEETING WEDNESDAY, NOVEMBER 9, 2022 IN-PERSON MEETING AT AVON TOWN HALL Finance Committee Meeting, November 9, 2022 1 | 5 1. ROLL CALL The meeting began at 5:02 p.m. PRESENT- Finance Committee: Steve Coyer, Dee Wisor, Terry Nolan, Lisa Post, Clark Rogers, John Widerman and Markian Feduschak . Town Council: Scott Prince Town Staff: Finance Director Scott Wright, Finance Manager Joel McCracken, Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong ABSENT-: Committee Members Linn Brooks and Craig Ferraro Mayor Sarah Smith Hymes 2. APPROVAL OF JULY 20, 2022 MINUTES Committee Member Steve Coyer moved to approve the minutes from the July 20, 2022 meeting and Committee Member Dee Wisor seconded the motion. The motion passed unanimously by those present. 3. PUBLIC COMMENT There were no public comments. 4. WELCOME TO NEWLY APPOINTED MEMBERS: TERRY NOLAN, LISA POST, CLARK ROGERS & JOHN WIDERMAN Town staff welcomed new members Terry Nolan, Clark Rogers, John Widerman and Lisa Post who all took a few minutes to introduce themselves. 5. STAFF UPDATES ON FINANCIAL RESULTS THROUGH OCTOBER 2022 Finance Manager Joel McCracken took the committee members through the financial report included in the committee packet. Sales tax revenues are up, accommodation taxes are up in hotels compared to timeshares and vacation rentals trending down. Short-Term Rental (STR) tax revenues collected are over budget; no comparison to past years as this is a new tax. The number of STR licenses went up before the new regulations were put into effect. Tobacco & Cigarette tax revenues are up which show strong sales. Real Estate Transfer Tax (RETT) revenues were down but overall, over budget. Joel clarified why some taxes are reported through October and others through September. YTD RETT revenues are on budget with YTD last year, which was a record year. Projection for 2023 RETT revenues is that transactions will be down (in volume and dollar amounts), however larger development projects will be coming online which provide steady revenues. Scott confirmed projections can be difficult to make, but they do use a 5-year average in calculations. Rec center revenues up in admissions, consistent with programs, annual black Friday sale is coming up this month. FINANCE COMMITTEE MEETING WEDNESDAY, NOVEMBER 9, 2022 IN-PERSON MEETING AT AVON TOWN HALL Finance Committee Meeting, November 9, 2022 2 | 5 6. DRAFT 2023 BUDGET Town Manager Eric Heil and Finance Director Scott Wright presented the proposed 2023 budget highlighting several components about the process and document. It was noted the slides presented were presented to Town Council at the October 28 budget retreat. Scott reviewed the following items: Budget Adoption and Public Hearing Process Revenue Projections for Funds Department Budget Impacts New Positions Special Events Program Slides included: FINANCE COMMITTEE MEETING WEDNESDAY, NOVEMBER 9, 2022 IN-PERSON MEETING AT AVON TOWN HALL Finance Committee Meeting, November 9, 2022 3 | 5 The Committee spoke about several budget items, as follows: Status of hiring staff with challenging employee market. It was noted there has been much improvement in recruiting in the last few months with only about 2-3 vacancies at this time. Town staff have been just covering the number of vacancies, especially in finance, HR, streets and roads and rec center. An overview about the Fleet Division was provided noting vast improvements in vendor relations and revenue collections. It was noted that town fleet services is about one third business and outside vendors, mostly regional districts, makeup the other two-thirds. It was noted revenues now are close to balancing the expenses, so the subsidy is minimal. A review of shop rates is also conducted, and the town rates are set within reason to break even and provide a solid service to the community. There was discussion about the new positions proposed in the budget. Town Manager provided an overview of the positions and the justifications for each. There were explanations related to job sharing, the pros/cons of using consultants instead of hiring staff, future program for special events. It was noted the focus for special events would be towards a community-based focus instead of growing the concert/event platform at this time. The winter fireworks were included as well as the town’s signature event on July 3. FINANCE COMMITTEE MEETING WEDNESDAY, NOVEMBER 9, 2022 IN-PERSON MEETING AT AVON TOWN HALL Finance Committee Meeting, November 9, 2022 4 | 5 There was a review of number town funds: Capital Improvement Projects (CIP) Fund. Many projects have design, construction, and multi-year impacts. Funding priorities include maintenance streets, rec center, town buildings, parks. Debt Service Fund. The Town prefers nominal debt on the books and an analysis shows debit is modest and would not be worth paying off early as rates are relatively low. Community Housing Fund. Staff was tasked to identify funding sources, which is STR tax and up to 10% of RETT revenues can be dedicated, as a lookback. Housing continues to be at record low inventory and high prices and the town continues to prioritize initiatives related to creating more housing. Future topics for discussion with the Finance Committee include a look at enterprise fund, an analysis of cost recovery for recreation center, and a more thorough review of all town operations. 7. COMMUNITY HOUSING A review of the Community Housing Fund was made, slide details below: 8. LA ZONA PROJECT Town Manager Eric Heil presented the map that depicted the area under review, including recreation center, reuse of the old fire station (351 Benchmark Rd) and the Main Street Pedestrian Mall area. The La Zona Project will analyze these geographic areas to develop ideas about redevelopment. There would be suggestions addressing an expansion of the recreation center, a review of parking, review of financing options, review of different kinds of uses, etc. A public hearing process would be scheduled for some time early in 2023. FINANCE COMMITTEE MEETING WEDNESDAY, NOVEMBER 9, 2022 IN-PERSON MEETING AT AVON TOWN HALL Finance Committee Meeting, November 9, 2022 5 | 5 9. WHITE PAPER: TRAER CREEK ANALYSIS Town Manager Eric Heil provided some information about the Development Agreement with Traer Creek Metro District addressing entitlements, revenue generation, debt issuance payments for the Village (at Avon). There were some updates about the current developments, hotel and gas station. There would be more discussions with the Finance Committee about creating a downtown development district and implications for the Town and the Village’s financials. This topic would be scheduled for their next meeting. Discussions also addressed the town’s progress on the following: Housing units at Swift Gulch which are currently projected to be very expensive, so other sites are being considered (Lot 5) Public Works facility which is in very early stages of planning including discussion about location and design considerations Revisions to the Building Code which are under consideration by the town council (second reading slated for December) 10. NEXT COMMITTEE MEETING DATE The committee did not set a next meeting date. 11. ADJOURNMENT The meeting adjourned at 6:40 p.m. Respectfully Submitted by Patty McKenny Deputy Town Manager General Government Department _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, NOVEMBER 15, 2022 - MEETING BEGINS AT 5:00 PM Mount Holy Cross Meeting Room – 2nd Floor 100 MIKAELA WAY – AVON TOWN HALL 1. CALL TO ORDER AND ROLL CALL ACTION: THE MEETING WAS CALLED TO ORDER AT 5:02PM BY CHAIRPERSON NUSBAUM A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE MARTY GOLEMBIEWSKI, BILL GLANER, STEVE NUSBAUM, DONNA LANG, KEVIN HYATT AND ANTHONY SEKINGER. ALSO PRESENT WERE PLANNING DIRECTOR MATT PIELSTICKER, AICP, SENIOR PLANNER JENA SKINNER, AICP, PLANNER 1+ MAX MORGAN, AND A REPRESENTATIVE FROM THE EAGLE RIVER WATER & SANITATION DISTRICT, MR. TIM FRIDAY, P.E.. COMMISSIONER TOM SCHAEFER WAS NOT IN ATTENDANCE. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER LANG MOTIONED TO APPROVE THE AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER GLANER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE (COMMISSIONER GOLEMBIEWSKI WAS NOT PRESENT AT THE TIME VOTES WERE CAST). 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEM THERE WERE NONE 4. PUBLIC HEARING – FILE #CTA22004 – LANDSCAPE CODE AMENDMENTS TO INCORPORATE WATER BUDGETING AND OTHER BEST PRACTICES (SENIOR PLANNER, JENA SKINNER). PUBLIC COMMENTS: THERE WERE NO PUBLIC COMMENTS ACTION: COMMISSIONER GOLEMBIEWSKI MOTIONED TO CONTINUE THE HEARING UNTIL THE NEXT PZC MEETING ON DECEMBER 6, 2022. THE MOTION WAS SECONDED BY COMMISSIONER HYATT. THE MOTION TO APPROVE WAS APPROVED UNANIMOUSLY, 6-0. 5. CONSENT AGENDA 5.1. OCTOBER 18, 2022 PLANNING AND ZONING COMMISSION MEETING MINUTES 5.2. FINDINGS AND DECISION APPROVING MATERIALS AND COLORS FOR FRONTGATE CONDOMINIUMS ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER HYATT. THE MOTION TO APPROVE THE CONSENT AGENDA WAS APPROVED UNANIMOUSLY, 6- 0. 6. ADJOURN ACTION: COMMISSIONER NUSBAUM ADJOURNED THE MEETING AT 6:16PM _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 THESE MEETING NOTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, MAX MORGAN CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 17, 2022 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 17 NOVEMBER 2022 PAGE 1 | 4 1. ROLL CALL Present: Committee Chair Lisa Mattis and Committee Members Pedro Campos, Kim Harrold, Thomas Walsh, Doug Jimenez, Ruth Stanley Staff: General Government Manager Ineke de Jong, CASE Manager Danita CASE Manager Dempsey and Town Clerk Miguel Jauregui Casanueva Absent: Committee Member Councilor Lindsay Hardy The meeting was called to order at 12:15 p.m. At that time, Committee Chair Mattis requested an update from CASE Manager CASE Manager Dempsey on discussions at the Council Meeting dated November 15, 2022, as they relate to the special events portion of the Town of Avon 2023 budget. CASE Manager CASE Manager Dempsey summarized discussions by stating that Councilors approved almost all budget increases for special events. They did not support the Heart and Soul Music Festival and they did not approve of the addition of an event productions assistant full-time staff position. She added AvonLIVE! was approved, as well as the increases to talent, light and sound budgets. She stated the temporary art program was extended from 1 to 2 years, as recommended by CASE. She closed her statement by announcing that the Council approved the recommendation of using fireworks in the winter when not used in July. This year the event will take place on January 14, 2023, during MLK Weekend. She added on December 13, the 2023 budget will be approved. 2. PUBLIC COMMENT At 12:28 Committee Chair Mattis asked if there was any public comment. General Government Manager Ineke De Jong stated there were no public comments. 3. MINUTES At 12:30 Committee Chair Mattis motioned to approve the minutes from September 15, 2022. Thomas Walsh made a motion to approve the Minutes which Ruth Stanley seconded. The minutes were approved unanimously. 4. STAFF UPDATE At 12:32, Lisa Mattis continued the conversation around fireworks and asked if they don’t get used in the summer and get moved to winter, what happens in summer? CASE Manager CASE Manager Dempsey answered that the Council may decide to move away from fireworks in Avon because of their environmental impact as they discussed in the CASE work session in October of 2021, but we will have to wait and see if the new Council wants to go this direction. No more questions about Council sessions were raised. CASE Manager CASE Manager Dempsey explained that the purpose for the Committee’s meeting is to engage and discussion with 3rd party producers, which they haven’t since fall of 2019 before the COVID-19 pandemic. CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 17, 2022 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 17 NOVEMBER 2022 PAGE 2 | 4 Mattis stated what shifted is that the last time this exercise was done, the role of the Committee was different and focused on funding issues more than 3rd party provider review. Campos added before, the Committee was getting too deep into dollars and cents, and it was too much, including deciding bands for events. Stanley concurred and said that was too much. Ultimate Après Avon. - Event Producer Krista Benedetti with Radiate Live Events/Always Mountain Time. Event Producer said she was excited to partner with the Town of Avon and talk about last years’ experience with “Ultimate Après Avon”. She said the event was on the smaller side and worked well. She said going forward, she wants to propose April 1 instead of April 16 as the date to schedule this event, to further its success. This, because less snow on the ground brings more crowds. Walsh asked about the use of local vendors for the event. Benedetti answered that her company does their best to use local businesses for events. She added feedback from local business was that they were too understaffed to participate in the event this year. Harrold asked about adjusting the time frame and if that would impact the location of the event. Benedetti said weather and timing will have an impact on location. She added a certain number of vendors are needed to make the event look adequately sized in the park. CASE Manager Dempsey said the date of the event next year will factor in closing day for Beaver Creek and dates of other events for which Avon will be gathering data. CASE Manager Dempsey said that the event was developed within 5 weeks and turned out well, especially for its first year. This concluded her presentation. Pride in the Park. - Event Producer Madison Partridge thanked the Committee for their support for Pride in the Park and Mountain Pride. Last year was the 3rd event of her group, it is now an official non-profit. Her organization now operates year-round. They realized that the Saturday event is not ideal for Pride, so the group offered a week-long of events up and down the valley to serve 1500 people. Pride in the Park on Saturday had 1200 people attend and there were 40 vendors, 26 sponsors, along with many volunteers and speakers. There were activities for everyone, and a focus was made to be inclusive to all communities. Free for families. food trucks were very successful. They raised $33,000 for Mountain Pride thanks to the event. It was a huge win for a new organization. Demographics were not only centered on LGBTQ+ but also for their allies. The age range was very broad. Online impact had a lot of traction and generated $12,000 that went back to local businesses. She added she is excited for next year’s event and wants to continue to grow the event with more attendants, more sponsorships, and more fundraisers. They want a headliner for 2023 that is queer. This concluded her presentation. Doug Jimenez asked about valley wide events. Partridge answered that there were drag shows in Vintage in Vail, events in Edwards at Hovey and Harrison, and that since it is a week-long event, many events take place. Jimenez celebrated that they are now a foundation. Partridge said they expect to grow through grants and fundraising to become a sustainable 501(c)(3) non-profit organization. Partridge added that the Town of Avon and Danita CASE Manager Dempsey have given tremendous support for the event. The Committee said Avon is happy and grateful to be involved and support this event. Partridge added that the grant from Avon will have a significant impact on improving the event. Harrold congratulated Maddison for the increase in attendance. Doug Jimenez asked about plans for the future of the organization. Partridge said it is to make the event grow so that more people get together in the LGBTQ community to celebrate pride. Vail Lacrosse Tournament. - Event Producer Mark Foster, who joined the meeting on behalf of Colorado Lacrosse LLC spoke about the Lacrosse Tournament in Avon. He detailed that an economic study was made before COVID to evidence to CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 17, 2022 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 17 NOVEMBER 2022 PAGE 3 | 4 Avon how much value their tournament brings in 2.5 days to the Valley and Avon. He added growth is stable and has averaged 95 teams each year. He stated they are sold out for 2023. He thanked Avon for the support of their event. Committee members brought up the fact that the local concert series should be promoted at the tournament vs. “just coming to the fields”. Foster said the economic study showed that their tournament brings approximately $800,000 to the Valley. Doug Jimenez asked what their biggest challenges are. Foster said flights into Denver and the drive into Eagle County; as well as lodging in the Valley in summer which has become more and more busy. He also said staffing is hard for their organization. Danita CASE Manager Dempsey asked how participants feel about single use plastics. She added Avon has been laxer than they should be with their group. She asked if the group would improve on sustainable water container issues. Foster said it’s hard to track. He said water monsters are great and suggested looking at better locations for them. Thomas Walsh asked if there’s a ceremony for the winner because he thinks there might be a way to bring the ceremony to an Avon concert stage to bring tourney families into participating in concerts. Foster said it’s tough to do but that they’ll explore it. Doug Jimenez asked if this is the only event of this event producer and Foster said yes, it is. This concluded his presentation. Avon Arts Celebration. - Event Producer Darren Skanson with Avon Arts Celebration by Colorado Art Events/CMM Events started out by saying that Avon is a great partner for their Festival. He said that it was just the second year and that he expects things to get much better for the third year. Lisa Mattis asked the optimal number of artists and Skanson said the more the better. After conversation around the terrific value of the event and promoting art, Kim Hannold asked how artists are selected. Skanson said that coloradoartshows.com is his main avenue because it speaks to Colorado artists. This concluded his presentation. Dancing in the Park. - Event Producer Cameron Morgan and Sarah Frank, VP of Marketing at the Vail Valley Foundation and Dance Festival, began their presentation by explaining that Frank is overseeing marketing for the Dance Festival and Morgan is now the Dance Festival Director. Lisa Mattis stated that Avon loves this festival. She added that the audience is growing every year. Frank stated the event is trying to appeal to a larger audience. Thomas Walsh asked if there’s a way to make this Dance Festival more Avon specific and less a copy of Vail’s event at the Amphitheater. Frank said it depends on the definition of what feels like Avon, but they will do their best. Danita CASE Manager Dempsey thanked Morgan and Frank for their efforts in adapting the Dance Festival to Avon’s needs. This concluded their presentation. Vail Valley Brew ’Au. - Event Producers Carolyn Hassel and Adam Bey with Vail Valley Brew ‘Au joined the meeting. Hassel said her company was formed in 2004 and it was recently purchased by a new owner, Adam Bey. Bey said he is experienced in the brewing industry and owns a brewery. They summarized that the event began in 2018 and includes different activities for families, including a lantern lighting event. Bey added that simultaneously to their event, there was a wine festival in Vail which reduced attendance at the Brew ‘Au. He added that date selection is important to increase attendance at their event. Hassel said she’d like to see dogs be able to join the event. Thomas Walsh asked if it was in a fenced off area. Hassel said yes because alcohol is being served. Brooke Skjonsby with Vail Valley Charitable Foundation, joined virtually to say that she wants live art for the event. Bey said he expects this to become a known and branded event, by concept, location, and date. Danita CASE Manager Dempsey asked about art activation and art events and wanted to know how the event would balance it with the brewing beer aspect which is the primary focus of the event. Skjonsby responded that there are a lot of influences from Hawaii in the event and asking artists to follow that theme is feasible and CASE COMMITTEE MEETING MINUTES THURSDAY, NOVEMBER 17, 2022 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 17 NOVEMBER 2022 PAGE 4 | 4 appropriate. Danita CASE Manager Dempsey expressed to the group that leaning into the Hawaiian theme might dilute the primary brand. This concluded their presentation. XTERRA USA Championship. - Event Producer Steve Andrus with XTERRA USA Championship joined virtually and displayed the 2022 video highlights uploaded to YouTube. Danita CASE Manager Dempsey asked Andrus to explain what’s coming at XTERRA in 2023. Andrus said they are adding a trail marathon as part of the XTERRA trail world championship marathon series. He said adding part of that to this event will bring trail runners to Avon who want to qualify for the world championship. He said it was how they plan to make XTERRA a global brand. Additionally, he said there will be a World Cup, global initiative, for elite athletes competing for a $100,000 purse, only if you participate in an event in each continent. Lisa Mattis asked what XTERRA needs from the Town. Andrus said he is just thankful for the partnership with the Town. He said for next year, additional funding for offsetting costs would be welcome but isn’t a necessity. He added that they are looking for lodging sponsors to also offset costs. He stated he would like to explore how to create more dynamic relationships with local businesses in Avon. This concluded his presentation. Man of the Cliff. - Event Producer Amanda Williams and Cheyenne Richardson with Man of the Cliff event said they’re happy to come back to their event after the 2-year hiatus. They said from an operations standpoint, there were no new activities. They said the only new addition was axe throwing, but that they were cautious post-pandemic of making too many changes to the event. She added they are planning to activate more activities for next year’s event. CASE Manager Dempsey asked who “Peculiar” is and what that sponsor looks like for them. Williams said their biggest supporter was Bonfire Brewing but has since ceased to exist. She added she is part owner of the Peculiar Brewing Company, so it worked out well for them to come into the event as sponsors. There were no questions for them from the group and Ruth Stanley said she looks forward to it every year. Lisa Mattis added they rock, and she thinks it’s a fantastic event for Avon. Thomas Walsh said this event seems to be figuring out what it is and added he worries there are two different brew events at the Town. CASE Manager Dempsey answered that Man of the Cliff event has a lumberjack focus and that the beer component is because attendants drink lots of beer which is what keeps the event afloat. This concluded their presentation. 5. CLOSING COMMENTS Those present ended interviews with event producers by analyzing this Committee meeting’s format and content. They agreed that the new format is helpful and the mix of events, 3 of them with a focus on physical activity, are a welcome mix for the Town. 6. ADJOURNMENT The meeting adjourned at 3:47 p.m. Respectfully submitted by: Miguel Jauregui Casanueva Town Clerk 970-748-4083 clin@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Pumpkin Compost Update DATE: December 5, 2022 SUMMARY: On October 11, Council commented on the importance of encouraging Avon residents to compost Halloween pumpkins instead of sending them to the landfill. In response to this, Staff prepared a week-long free pumpkin compost collection program from November 1 to 9 at the Avon Recycling Center (“Lot 5”). This effort resulted in 1800 pounds of pumpkins collected. This report provides more program details. No action from Council is required. PROGRAM DETAIL: Staff worked with the Town’s current composting contractor, Evergreen Zerowaste, to arrange for a 3-yard dumpster to be placed at Lot 5. The dumpster was marked clearly with a “Pumpkin Only” sign and open to the public from Nov 1 to Nov 9. For marketing efforts, staff utilized a social media campaign, a press release, and newsletter content to promote the program. The announcement poster (Attachment A) and the newsletter content were translated into Spanish. Walking Mountains also helped spread the word via emails and the Waste Wizard app’s community event function. At the end of the program, EverGreen ZeroWaste reported 1800 pounds of pumpkins were collected (Attachment B). As a reference, on average a City Market 3-yard dumpster collects about 1300 pounds per pull. To celebrate the success and create excitement, Staff created a mini social media contest for people to guess the tonnage of the pumpkins collected and gave a prize to the winner. FINANCIAL CONSIDERATIONS: The cost of installing and servicing the additional 3-yard dumpster at Lot 5 is $300 this year. This cost will increase depending on the number of times Evergreen Zero Waste services the dumpster. In addition, the program involved some Avon staff time, including Sustainability Coordinator, Communications & Marketing Manager, and Public Works. RECOMMENDATION: I recommend conducting the Pumpkin Compost program again next year and extending it to Thanksgiving. Thank you, Charlotte ATTACHMENT A: Social media campaign announcement poster ATTACHMENT B: Image of pumpkin dumpster on pick-up day Page 2 of 3 ATTACHMENT A Page 3 of 3 ATTACHMENT B 970-748-4113 jshoun@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Jim Shoun, Mobility Manager RE: 2022 E-Bike Share Program Final Update DATE: December 05, 2022 SUMMARY: This report provides a final update on the 2022 Avon E-Bike Share Program’s inaugural season. The collaborative effort between Avon, Vail and the Eagle-Vail Metropolitan district was launched this summer and the program has been popular. There were 8108 total rides for the season. All three communities are budgeting for more hubs and e-bikes for 2023. Avon Mobility has budgeted $100,000 for the 2023 e- bikeshare program. The Edwards Metro District, Eagle County, and Minturn have all shown interest in joining the program. BACKGROUND: The e-bikeshare program is a collaboration between Avon, Vail and Eagle-Vail. The season ran from June 7 through October 31, 2022., with a total of 20 hubs and 90 electric bicycles (6 hubs and an average of 20 bikes in Avon). The Town of Avon contributed $50,000 toward the program in 2022. 2022 SUMMER RIDERSHIP RESULTS: The Shift Bike program was well used and exceeded expectations from partner communities and Drop Mobility. The system and its pricing schedule was designed to promote shorter trips for commuting and quick errands while discouraging long, recreational trips. From weekly summary sheets provided by service provider Drop Mobility, the system statistics include: RIDE DATA AVON VALLEY-WIDE TOTAL RIDES 1618 8108 AVERAGE TRIP DISTANCE(MILES) 2.16 3.57 AVERAGE RIDE TIME (MINUTES) 25.70 23.25 TOTAL MILES RIDDEN 3494.88 28929 # CO2 EMISSIONS REDUCED 2798 23143 NEXT STEPS: The three partner communities are excited to expand the system within our communities in 2023. Vail is budgeting for an additional 3-5 stations and 15-25 e-bikes, and Eagle-Vail is budgeting for 1 additional hub and 5 e-bikes. In the Avon 2023 draft budget, an additional $50,000.00 ($100,000.00 total) is being allocated for 3 additional hubs (Buffalo Ridge, EagleBend Apartments and Walmart) and 12-15 additional e-bikes. Regionally, the program is set to expand in 2023 and beyond. Edwards and Eagle County are planning to budget $75,000 (Edwards $50,000 and Eagle County $25,000). They plan on placing stations that will help with first/last mile challenges in West Edwards and linking the Mountain Rec bus stop with Riverwalk. The Town of Minturn has indicated their interest in participation when the bike path to town is complete. COUNCIL DIRECTION: This report is informational and no Council action is required. ATTACHMENTS: A. Avon Specific ridership data B. Valley Wide Ridership Trends C. Pricing Schedule Page 2 of 7 Thank you, Jim Attachment A: RIDERSHIP BY AVON HUB 7/7/2022-10/16/2022 BLACK FONT (ROWS): START HUB WHITE FONT (COLUMNS): END HUB Page 3 of 7 Page 4 of 7 TOTAL TRIPS FROM AVON HUBS Page 5 of 7 Attachment B: VALLEY WIDE DATA 0.00 0.05 0.10 0.15 0.20 0.25 PE R C E N T O F R I D E S MILES Trip Length Miles 3% 13%12%12% 13% 10% 9% 6% 4% 3%2%2% 10% 0% 2% 4% 6% 8% 10% 12% 14% 5 10 15 20 25 30 35 40 45 50 55 60 More PE R C E N T O F R I D E S MINUTES PER RIDE Trip Duration Page 6 of 7 236 488 463 517 534 567 486 438 439 300 282 391 413 263 236 166 251 157 124 197 230 172 194 192 208 125 193 134 110 184 183 143 117 81 149 89 0 100 200 300 400 500 600 TO T A L T R I P S 13- Jun 20- Jun 27- Jun 3- Jul 11- Jul 18- Jul 25- Jul 1- Aug 8- Aug 15- Aug 22- Aug 29- Aug 5- Sep 12- Sep 19- Sep 26- Sep 2- Oct 10- Oct Total Trips Valley Wide 236 488 463 517 534 567 486 438 439 300 282 391 413 263 236 166 251 157 Total Trips Starting or Ending in Avon Hub 124 197 230 172 194 192 208 125 193 134 110 184 183 143 117 81 149 89 Trips per Week Page 7 of 7 Attachment C: Program Pricing: The price schedule for this service reflects the desire to inform users of the difference between e-bike share programs (commuting, errands, shorter rides) and e-bike rental programs (longer excursions, multi-day usage, recreation, etc.). Short trips, especially for locals, are relatively inexpensive. As the time grows, the ride becomes increasingly more expensive. MEMORANDUM TO: Board of Directors FROM: Brian Thompson, Government Affairs Administrator DATE: October 21, 2022 RE: Summary of Authority’s Sept. 22, 2022, Board Meeting The following is a summary of items discussed at the Authority’s Sept. 22, 2022, Board Meeting. Directors present and acting were Chair George Gregory, Vice Chair Sarah Smith Hymes, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, and Mick Woodworth. Approval of minutes Directors approved the August 25, 2022, regular meeting minutes. Cash payment in lieu of dedicating water rights for Riverwalk at Edwards PUD Amendment Directors unanimously approved a $76,792 cash payment in lieu of a 2.14 acre-foot water rights dedication for added service created by the 2022 Riverwalk at Edwards Planned Unit Development (PUD) Amendment. Indoor Efficiency Policy Directors unanimously approved a policy supporting indoor efficiency rebates that 1) assist in lowering monthly service costs for affordable and workforce housing types built before the 1994 plumbing codes and 2) could provide greater water supply benefits due to a property’s location within the Edwards gap. Merge Public Water Systems’ Regulatory Compliance Programs Directors unanimously approved combining the District and Authority public water system identification (PWSID) numbers into a single “Eagle River Water & Sanitation District” system for regulatory compliance programs. Traer Creek Water Storage Tank Jeff Schneider provided updates on testing being conducted on the Traer Creek replacement tank. Sanitary Survey Brad Zachman reported on the recent Sanitary Survey of the district water system. He said the Colorado Department of Public Health and Environment issued final letters with no violations cited or questions about data or programs. Bolts Lake Jason Cowles said field activities are beginning at the Bolts Lake site at the end of September. Public Affairs Diane Johnson summarized the onboarding program for the Eagle Park Reservoir Company board of directors. She also reported on the Colorado River District’s annual water seminar and said speakers urged all Colorado River system users to reduce overall water use in response to the continuing drought and depleted system storage. MEMORANDUM TO: Board of Directors FROM: Brian Thompson, Government Affairs Administrator DATE: November 10, 2022 RE: Summary of Authority’s Oct. 27, 2022, Board Meeting The following is a summary of items discussed at the Authority’s Oct. 27, 2022, Board Meeting. Directors present and acting were Chair George Gregory, Vice Chair Sarah Smith Hymes, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, and Mick Woodworth. Alternate Director Mike Towler was present and acting. Director Kevin Hillgren was present but not acting. Approval of minutes Directors approved the September 22, 2022, regular meeting minutes. Consideration of weather modification program participation Directors supported contributing $15,000 to the Central Colorado Mountains River Basin Weather Modification program as budgeted for the 2022-23 winter season and then reevaluating future participation. Unification of Authority and District Directors discussed the process and potential issues related to full unification and partial unification where Authority member entities would include into the District. 2023 Budget Work Session Directors reviewed the proposed FY 2023 budget and supported holding a public hearing on the budget as presented at its Nov. 17 meeting. Water Dedication Policy Work Session Jason Cowles described how the policy works as developers go through the land use entitlement process. Directors supported adding a provision requiring a deposit for conditional commitment of water rights, increasing cash-in-lieu fees for summer and winter water, and revising the provision requiring dedication of 120% of the water rights necessary for service. The Board agreed to vote on an amended policy at its Nov. 17 meeting. Wildridge Water Tank Brad Zachman reported on an oil sheen identified in a Wildridge tank, likely associated with a contracted tank inspection process. Sampling of residual amounts did not raise any public health concerns and staff reported it to the Colorado Department of Public Health and Environment. Unallocated Water Jason Cowles said the Authority has about 52 acre feet of unrestricted Eagle Park Reservoir water remaining for development. The amount could change as a better understanding of remaining unallocated water will be available after modeling is completed.